HomeMy WebLinkAbout17759 ORD - 08/03/1983IFIT1.
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AN ORDINANCE
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CONSENTING TO ,THE SUBLEASE BY CHARLES N. RAYBURN TO
OMNIFLIGHT OFFSHORE, INC. OF THE 0.918 ACRE SITE OCCUPIED
BY DOT HELICOPTER AT CORPUS CHRISTI INTERNATIONAL AIRPORT
UNTIL JULY 13, 1990, CONDITIONED UPON PAYMENT OF
OUTSTANDING TAXES, GROUND RENTALS, AND FUEL FLOWAGE FEES,
AND FURTHER CONDITIONED UPON DEVELOPMENT OF THE REMAINING
2.570 ACRES OF THE RAYBURN LEASE ASSIGNMENT, AND OTHER
CONDITIONS ALL AS SET FORTH IN THE "CONSENT OF CITY", A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "1".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute
the "Consent of City" to a sublease agreement between Charles N. Rayburn and
Omniflight Offshore, Inc. of the 0.918 acre acre site occupied by DOT
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Helicopter at Corpus Christi International Airport until July 13, 1990,
conditioned upon payment of outstanding taxes, ground rentals, and fuel
flowage fees, and further conditioned upon development of the remaining 2.570
acres of the Rayburn lease assignment, and other conditions all as set forth
in the "Consent of City", a substantial copy of which is attached hereto and
made a part hereof, marked Exhibit "1".
17;759
SEP 2 81984
MICROFILMED„
07,
SUBLEASE AGREEMENT
This Sublease Agreement (the "Sublease") is made and entered into this
day of , 198 , by and between CHARLES N. RAYBURN
(the "Sublessor"), a Texas resident, and OMNIFLIGHT OFFSHORE, INC., a Texas
Corporation (the "Sublessee"), and joined in by the City of Corpus Christi,
Texas (the "City").
In consideration of the mutual covenants and conditions contained
herein, Sublessor and Sublessee hereby covenant and agree as follows:
SUBLEASE
Section 1.01. Demise and Description of Subleased
Premises. Subject to and upon the terms, provisions and conditions
hereinafter set forth, Sublessor does hereby lease, demise and let to
Sublessee and Sublessee does hereby lease from Sublessor those certain
premises (the "Subleased Premises") described as follows:
A. all that certain tract of land located within the site of the
Corpus Christi International Airport, Nueces County, Texas, and used in
connection with the operation of a helicopter business under the name "Dot
Helicopter, Inc.", as shown on the map attached as Exhibit A, and being
more particularly described as follows:
Being a 0.918 -acre tract of land out of Block 22, J. C. Russell
Farm Block as shown by map of record in Volume 3, page 53, map
record, Nueces County, Texas, and out of the Corpus Christi
International Airport Tract, and being more particularly
described by metes and bounds as follows:
Beginning at the original Northwest corner of said Block 22, said
point being within the existing right-of-way of State Highway No.
44; Thence S. l0 42' E., with the west line of said Block 22, the
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centerline of the west Entrance Road to the Airport Terminal, a
distance of 1833.70 feet to a point; Thence N. 88° 18' E., a
distance of 870.00 feet to a 5/8" iron rod for the northwest and
beginning corner of the tract herein described;
Thence continuing N. 88° 18' E., a distance of 200.0 feet to a
5/8" rod for the northeast corner of the tract herein described;
Thence S. 1° 42' E., a distance of 200.0 feet to a 5/8" iron rod
for the southeast corner of the tract herein described;
Thence S. 88° 18' W., a distance of 200.0 feet to a 5/8" iron rod
for the Southwest corner of the tract herein described.
Thence N. 1° 42' W. a distance of 200.0 feet to the point of
beginning.
Containing 0.918 acre of land more or less.
(the "Sublease Tract"), being a portion of the property (the "Original
Premises") described in that certain Assignment of Lease Agreement dated
August 14, 1979, and executed by Sublessor, the First City Bank of Corpus
Christi, formerly Corpus Christi Bank & Trust Company, Trustee and the City
of Corpus Christi (the "Base Lease"), which agreement is attached hereto,
marked Exhibit B, and incorporated herein for all purposes, and
B. any and all improvements, fixtures, equipment and personal
property now located upon or attached to the Sublease Tract and used in
connection with the operation of Sublessee's business.
Section 1.02. Use of Premises. Sublessee shall use the Subleased Premises
for the purposes as set forth in Article III.A. of the Base Lease,
including but not limited to the provision and/or operation of a helicopter
business.
II.
TERM: RENT
Section 2.01. Term. Subject to and upon the terms and conditions set
forth herein, this Sublease shall continue in force for a term of one
hundred three (103) months and twenty-six (26) days, commencing on the 17th
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day of November, 1981 (the "Commencement Date") and ending on July 13, 1990
(the "Termination Date").
Section 2.02. Base Rental. Sublessee hereby agrees to pay to Sublessor a
base monthly rental (the "Base Rental") in the sum of Three Thousand and
No/100 Dollars ($3,000.00) per month, except for the "additional rent"
provided below in Section 2.03 which shall be paid by Sublessee directly to
the City. The Base Rental shall be due and payable on the 1st day of each
calendar month or any part thereof during the term hereof, and Sublessee
hereby agrees to pay such rent to Sublessor at the address reflected herein
monthly in advance without demand, deduction, setoff or prior notice,
except as hereinafter provided. If the term of this Sublease commences on
other than the first day of a month or terminates on other than the last
day of a month, then the installment of Base Rental of such month or months
shall be prorated and paid in advance.
Section 2.03. Additional Rent. As additional rent, Sublessee hereby
agrees to pay directly to the City any and all amounts payable pursuant to
and in the manner and time set forth in the terms of Article VII,
paragraphs 3, 4 and 6 of the Base Lease, to the extent such amounts are
attributable to Sublessee's operations on the Subleased Premises, as such
premises may be expanded hereunder, on and after the Commencement Date,
Section 2.04. Deductions from Rent. Sublessee may, at its option if
Sublessor is in default but without being required to do so, pay any
amounts due and owing by Sublessor under the Base Lease or under any
agreement or instrument evidencing any indebtedness secured by all or any
portion of the Subleased Premises (all of which agreements or instruments
are hereinafter referred to collectively as the "Evidence of Indebtedness"
and are attached hereto, marked as Exhibit C and incorporated herein for
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,
all purposes), and any sums so paid by Sublessee shall be deducted from the
Base Rent due and payable under this Sublease.
III.
REMAINDER OF PREMISES
Section 3.01. Definitions.
A. Remainder. As used herein, the term "Remainder" shall mean that
portion of the Original Premises, excluding the Subleased Premises, as
shown on the map attached as Exhibit A, and being more particularly
described as follows:
Being a 2.570 -acre tract of land out of Block 22, J. C. Russell
Farm Block as shown by map of record in Volume 3, page 53, map
records, Nueces County, Texas and out of the Corpus Christi
International Airport Tract and being more particularly described
by metes and bounds as follows:
Beginning at the original Northwest corner of said Block 22, said
point being within the existing right-of-way of State Highway No.
44; Thence S. 1° 42' E., with the west line of said Block 22, the
centerline of the West Entrance Road to the Airport Terminal, a
distance of 1833.70 feet to a point, thence N. 88° 18' E., a
distance of 310.0 feet to a 5/8" iron rod for the northwest and
beginning corner of the tract herein described;
Thence continuing N. 88° 18' E., a distance of 560.0 feet to a
5/8" iron rod for the northeast corner of the tract herein
described;
Thence S. 1° 42' E., a distance of 200.0 feet to a 5/8" iron rod
for the Southeast corner of the tract herein described;
Thence S. 88° 18' W., a distance of 560.0 feet to a 5/8" iron rod
for the Southwest corner of the tract herein described;
Thence N. 10 42' W., a distance of 200.0 feet to the point of
beginning.
Containing 2.570 acres of land more or less.
B. Disposition. As used herein, the term "disposition" shall mean
any bona fide lifetime transfer, conveyance, assignment or sublease of all
or any portion of the Remainder or any of Sublessor's interest therein by
Sublessor to any person or entity other than a party to this Sublease.
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Section 3.02. Right of First Refusal.
A. Notice to Sublessee. Sublessor shall give Sublessee written
notice of the terms and conditions of any proposed disposition of any
portion of the remainder, whether by sublease, assignment or otherwise,
which notice shall include a copy of any written offer or contract with
respect to the proposed transaction and shall identify the portion of the
Remainder to which the proposed disposition relates (the "Remainder
Portion"). Provided that there exists no event of default hereunder,
Sublessee shall have and is hereby granted the right and option (the
"option") to acquire any such Remainder Portion according to the terms and
conditions of the proposed disposition, which option may be exercised at
any time after receipt of the notice provided for above, but not later than
the expiration of fifteen (15) days after such receipt, by giving written
notice to Sublessor of such election within the period prescribed after the
expiration of Sublessee's option period stated above.
B. Waiver or Nonacceptance of Offer. If Sublessee does not give
written notice of its election to exercise its option within the time
period specified in Section 3.02.A. above, Sublessor may, subject to
Article XI. of the Base Lease, dispose of the Remainder Portion to the
person or persons named in the notice to Sublessee in strict accordance
with the terms therein stated; provided, however, that if Sublessor shall
fail to make such disposition within thirty (30) days after the expiration
of the time in which the option could have been exercised, such Remainder
Portion shall again become subject to the terms and provisions of this
Article III.
Section 3.03. Option to Expand. It is contemplated by the parties hereto
that Sublessee may from time to time in the future require additional space
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and/or additions to the existing hangar now located on the Subleased
Premises in order to conduct its business. In this event and provided that
there exists no event of default hereunder, Sublessee shall have the
options as follows:
A. Sublessee shall have and is hereby granted one or more options to
lease such additional space as required from time to time out of all or any
portion of the Remainder. Sublessee may exercise any such option by giving
written notice to Sublessor at least thirty (30) days prior to the
commencement date of such proposed sublease, such notice designating such
commencement date and the portion of the Remainder which Sublessee proposes
to sublease.
B. In addition, Sublessee shall have and is hereby granted one or
more options, to have Sublessor, at its sole cost and expense, construct,
within a reasonable period of time, such additions to the existing hangar
upon such portion of the Remainder as required from time to time according
to plans and specifications of Sublessee. Sublessee may exercise any such
option by giving written notice to Sublessor at least sixty (60) days prior
to the commencement date of such proposed construction, such notice
designating such commencement date and the portion of the Remainder upon
which such additions are proposed to be constructed. Upon completion of
such additional improvements, Sublessor shall lease to Sublessee, and
Sublessee shall accept the lease of such additional improvements and such
portion of the Remainder.
C. Notwithstanding anything to the contrary contained herein, the
options hereby granted do not extend to any portion of the Remainder
disposed of or proposed to be disposed of in accordance with the provisions
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of Section 3.02 above prior to the commencement date set forth in the
notice described herein.
D. Upon Sublessee's exercise of any option to lease granted in this
Section, this sublease shall continue on all of the same terms, provisions,
covenants and conditions set out herein, except that the Base Rental for
any such additional space and/or improvements (which shall be deemed to
constitute a portion of the Subleased Premises hereunder) shall be the
market rate (as hereinafter defined) prevailing at the time of the
commencement of the term of such lease. For purposes hereof, the term
"market rate" shall mean the prevailing rate for space and/or improvements
at the Corpus Christi International Airport which is similar in quantity
and quality to the additional space and/or improvements with respect to
which Sublessee is exercising its option.
E. In the event Sublessee exercises any of the options herein
granted, Sublessor and Sublessee agree to execute in writing a memorandum
evidencing the subleasing of such additional space and/or improvements, the
commencement date thereof, and the rentals to be paid therefor (as
hereinbefore set out).
IV.
INDEMNIFICATION PROVISIONS
Section 4.01. Indemnification of Sublessee. Sublessor hereby covenants
and agrees not to default in the performance of any of the terms,
covenants, conditions and agreements to be performed by Sublessor (the
"Collateral Obligations of Sublessor") under the terms of the Base Lease or
any of the Evidences of Indebtedness, including without limitation the
payment of any and all sums due and payable thereunder to the extent such
Collateral Obligations of Sublessor are not assumed by Sublessee hereunder.
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In addition, Sublessor hereby agrees to indemnify and hold harmless
Sublessee, its officers, directors, employees and agents from any and all
liability, cost, expense, damage or loss of whatever nature (including,
without limitation, attorney's fees, litigation and court costs, amounts
paid to cure any such default, amounts paid in settlement and amounts paid
to discharge judgments) directly or indirectly resulting from, arising out
of, in connection with, or related to any default by Sublessor in
performing the Collateral Obligations of Sublessor unless assumed by
Sublessee hereunder. The provisions of this indemnity clause shall remain
and be in full force and effect and survive the termination of this
Sublease.
Section 4.02. Indemnification of Sublessor. Sublessee hereby covenants
and agrees not to default in, or cause any default in, the performance of
any of the terms, covenants, conditions and agreements to be observed by
Sublessee or assumed by Sublessee hereunder or under the terms of the
Sublease ("Sublessee's Obligations"), the Base Lease or any of the
Evidences of Indebtedness. In addition, Sublessee hereby agrees to
indemnify and hold harmless Sublessor, its officers, directors, employees
and agents from any and all liability, cost, expense, damage or loss of
whatever nature (including, without limitation, attorney's fees, litigation
and court costs, amounts paid to cure any such default, amounts paid in
settlement and amounts paid to discharge judgments) directly or indirectly
resulting from, arising out of, in connection with, or related to any such
default by Sublessee in the performance of any of Sublessee's Obligations.
The provisions of this indemnity clause shall remain and be in full force
and effect and survive the termination of this Sublease.
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V.
ASSUMPTION AGREEMENT AND COVENANTS
Section 5.01. Assumption by Sublessee. Sublessee understands and hereby
acknowledges that this is a sublease and Sublessor has acquired a leasehold
interest in the Original Premises of which the Subleased Premises forms a
part by virtue of the Base Lease. Sublessee shall comply with all of the
terms, covenants, conditions and agreements of the Base Lease which are to
be observed or performed during the term thereof by Sublessor as assignee
thereunder, except to the extent that this Sublease provides otherwise. To
the extent that the provisions of the Base Lease do not conflict with
specific provisions herein contained, such provisions of the Base Lease are
incorporated into this Sublease as fully as if completely written herein,
and Sublessee agrees to be bound by all of the terms of the Base Lease, as
applicable to it.
Section 5.02. Termination of Base Lease. In the event of cancellation or
termination of the Base Lease prior to the expiration date thereof and
prior to the expiration date of this Sublease or any extensions and
renewals thereof, or in the event of the surrender thereof, whether
voluntary, involuntary, or by operation of law, the Sublessee shall make
full and complete attornment to the City for the balance of the term of
this Sublease, including any extensions and renewals hereof, upon the same
covenants and conditions as are contained herein, so as to establish direct
privity of estate and contract between the City and Sublessee and with the
same force and effect as though this Sublease was originally made directly
from the City to Sublessee.
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VI.
DEFAULT: REMEDIES
Section 6.01. Default by Sublessee. Each of the following shall be deemed
an event of default by Sublessee and a material breach of the Sublease:
A. Failure to make any rentals or other payments required to be paid
under this Sublease as the same become due as provided herein for a period
of ten (10) days after the giving of written notice by Sublessor to
Sublessee of such failure;
B. Failure to do, observe, keep and perform any of the terms,
covenants, conditions, agreements and provisions of this Sublease on the
part of Sublessee to be done, observed, kept and performed for a period of
ten (10) days after the giving of written notice by Sublessor to Sublessee
of such failure;
C. The taking by execution of judgment or other process of law or
all or any part of the leasehold interest of Sublessee;
D. The adjudication of Sublessee to be a bankrupt, or the filing by
Sublessee of a voluntary petition in bankruptcy, or the making by Sublessee
of a general assignment for the benefit of its creditors, or the
appointment of a receiver of all or any of Sublessee's interest in the
Subleased Premises in any action, suit or proceeding by or against
Sublessee, or any other voluntary or involuntary proceedings instituted by
or against Sublessee under any bankruptcy or similar laws, to the extent
any such event may be deemed an event of default under applicable law; and
E. The vacating or abandonment of the Subleased Premises, or any
substantial portion thereof, by Sublessee.
Section 6.02. Remedies.
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A. Termination; Re-entry. Upon the occurrence of any one or more
events of default hereunder, Sublessor may either terminate this Sublease
or terminate Sublessee's right to possession without terminating this
Sublease. If Sublessor should elect to terminate this Sublease, Sublessor
may treat such event of default as an entire breach of this Sublease and
Sublessee shall immediately become liable to Sublessor for all damages
sustained by reason of Sublessee's breach. If Sublessor should elect to
terminate Sublessee's right of possession without terminating this
Sublease, Sublessor may rent, subject to Article XI. of the Base Lease, the
Subleased Premises or any portion thereof to any person or persons at such
rental and for such term as Sublessor deems practical for the account of
Sublessee and credit to Sublessee any rental thus received, less the
expense of repossession and rerenting. Sublessee shall be liable for any
deficiency of such rental below the total rental and all other payments
herein provided for the unexpired balance of the term of this Sublease,
which liability Sublessor shall have the right to enforce by bringing suit
at any time.
B. Sublessee's Liability for Expenses. In case of any event of
default, Sublessee shall also be liable for and pay to Sublessor, upon
demand, in addition to any sum provided for above, the cost of removing end
storing Sublessee's property or any other occupant's property removed from
the Subleased Premises; the cost of altering, repairing, remodeling or
otherwise putting the Subleased Premises into a condition acceptable to a
new tenant or tenants; and all other reasonable expenses incurred by
Sublessor in enforcing Sublessor's remedies.
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VII.
RESTRICTIONS ON ASSIGNMENT AND SUBLETTING
No assignment or subletting of the Subleased Premises or any portion
thereof shall be made by Sublessee without the prior written consent of
Sublessor and the City. Sublessor's consent shall apply solely to the
particular transaction consented to and shall not constitute a waiver by
Sublessor of this provision.
VIII.
COVENANT NOT TO COMPLETE
Section 8.01. Sublessor's Covenant. Sublessor hereby covenants and agrees
that during the term of this Sublease, Sublessor shall not engage in
business activity upon the Remainder which is competitive with the
helicopter business conducted by Sublessee; provided, however, that this
covenant shall not prohibit Sublessor, subject to Article XI of the Base
Lease, from transferring, conveying, subleasing, or assigning all or any
portion of the Remainder to any person or entity who is not a party to this
Sublease, even though such person or entity engages in a business activity
upon the Remainder which is competitive with the helicopter business
conducted by Sublessee. For the purposes of this Section 8.01, the term
"Sublessor" includes any corporation controlled by Charles N. Rayburn or in
which he is the owner or beneficial owner of at least five percent (5%) of
the issued and outstanding stock and any joint venture or partnership in
which Charles N. Rayburn has at least five percent (5%) interest in profits
and losses of the joint venture or partnership.
Section 8.02. Specific Performance. Sublessor acknowledges and agrees
that in the event of a breach by him of any of the covenants set out in
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this Article VIII., any remedy at law for such breach will be inadequate
and that Sublessee or its assigns may seek specific performance of this
Agreement; provided, however, that Sublessee shall not be limited to the
remedy of specific performance in the event of a breach by Sublessor and
may seek any alternative remedies available to it at law.
IX
MISCELLANEOUS PROVISIONS
Section 9.01. Entire Agreement; Amendment. This Sublease embodies the
entire agreement and understanding of the parties hereto and supersedes all
prior agreements and understandings relating to the subject matter hereof.
This Sublease may not be amended, modified or altered, except in writing,
signed by each of the parties hereto.
Section 9.02. Construction. The captions, headings and arrangements used
in this Sublease are for convenience only, and do not in any way affect,
limit, amplify or modify the terms and provisions hereof.
Section 9.03 Binding Effect. This Sublease shall be governed by the laws
of the State of Texas and is subject to the provisions hereof, shall be
binding upon and enure to the benefit of the parties hereto and their
respective heirs, personal representatives, successors and assigns.
Section 9.04. Notices. Every notice or other communication to either
party authorized or required by this Sublease shall be deemed to have been
given or served if furnished in writing and forwarded to such party by
certified or registered mail, postage prepaid, addressed as set forth
below:
TO SUBLESSOR: Mr. Charles N. Rayburn
P. 0. Box 419
Kenedy, Texas 78119
and
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TO SUBLESSEE:
Mr. Joe Warren Jones
Jones and Partain, Inc.
812 National Bank of Commerce Building
San Antonio, Texas 78205
Mr. Roland F. Wisner
Omniflight Offshore, Inc.
1120 19th Street N.W., Suite 500
Washington, D.C. 20036
and
Mr. Don Hanmer
Carrington, Coleman, Solman & Blumenthal
2500 South Tower
Plaza of the Americas
Dallas, Texas 75021
Such addresses may be changed by providing notice of such change in
accordance herewith.
Section 9.05. No Waiver. No failure or delay by Sublessor to exercise any
right hereunder or under the Base Lease shall operate as a waiver thereof,
nor shall any single or partial exercise thereof preclude any other or
further exercise thereof or the exercise of any other right.
Section 9.06. Partial Invalidity. If any covenant, agreement, term or
condition of this Sublease or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Sublease, or the
application of such covenant, agreement, term or condition to persons or
circumstances other than those to which it is held invalid and
unenforceable, shall not be affected thereby and each covenant, agreement,
term and condition of this Sublease shall be valid and enforced to the
fullest extent permitted by law.
Section 9.07. Entry for Repairs and Inspection. Sublessee hereby agrees
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that Sublessor, its agents or representatives, may enter into and upon any
part of the Subleased Premises at all reasonableness hours to inspect same,
as Sublessor and Sublessee may jointly deem necessary or desirable, and
Sublessee shall not be entitled to any abatement or reduction of rent by
reason thereof.
Section 9.08. Attorney's Fees. In the event Sublessee defaults in the
performance of any of the terms, covenants, agreements or conditions
contained in this Sublease and Sublessor places the enforcement of this
Sublease, or any part thereof, or the collection of any rent due or to
become due hereunder, or recovery of the possession of the Subleased
Premises in the hands of an attorney, or files suit upon the same,
Sublessee shall reimburse Sublessor for all reasonable expenses incurred by
Sublessor by reason of such default, including, but not limited to,
reasonable attorney's fees and court and related costs.
EXECUTED as of the day first above written.
SUBLESSOR: SUBLESSEE:
OMNIFLIGHT OFFSHORE, INC.
CHARLES N. RAYBURN
By
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THE STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared
CHARLES N. RAYBURN, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and considerations therein expressed.
Given under my hand and seal of office on this the day of
, 1983.
Notary Public in and for
State of Texas
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared
, the
of OMNIFLIGHT OFFSHORE, INC., a Texas corporation, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated and as: the
act and deed of said corporation.
Given under my hand and seal of office on this the day of
, 1983.
Notary Public in and for
State of Texas
My Commission expires:
-16-
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ASSIGNMENT OF LEASE AGREEMENT
THE STATE OF TEXAS 1
COUNTY OF NUECES 1
This agreement is entered into on the day and year below stated
between the Corpus Christi Bank and Trust Company, Trustee, hereinafter
called Assignor, and Charles N. Rayburn of Kenedy County, Texas, hereinafter
referred to as Assignee, upon these terms, performable in Nueces County, •
Texas.
WHEREAS, the Assignor herein, the Corpus Christi Bank and Trust
Company, Trustee, has, by agreement with the City of Corpus Christi,
legally become the Lessee of certain lands and lease sites, certain por-
tions of which are designated for commercial hangar and fixed base operations,
all as shown on the Master Plan of the Corpus Christi International Airport
on file in the office of the Director of Public Utilities of the City of
Corpus Christi, and as located within the site of the Corpus Christi Inter-
national Airport, Nueces County, Texas; and
WHEREAS, the aforesaid agreement between the Corpus Christi Bank
& Trust Company, Trustee, and the City of Corpus Christi, was duly and le-
gally approved by the qualified voters at an election held on August 29, 1959;
and
WHEREAS, all previously approved assignment agreements relating to
the subject demised premises have been terminated by the City of Corpus Christi
by Ordinance No. 14977 , passed July 3, 1979; and
WHEREAS, Assignee proposes to engage in commercial hangar and
fixed base aviation•operations, as hereinafter defined, at Corpus Christi
International Airport; and
WHEREAS, Assignor deems it advantageous to assign unto Assignee
a site on the said Airport, as shown and described on Exhibit "A", which
is attached hereto and made a part hereof, as more particularly described
hereinafter, together with those privileges, rights, uses and interests in-
cident thereto, as hereinafter set out; and. -
WHEREAS, Assignee has assumed a loan from the Small Business Ad-
ministration in consideration of which the Assignee plans to enter into an
Assignment of Lease Assignment and Agreement; and
WHEREAS, Assignee desires to obtain and avail itself of said area,
as hereinafter described, and of those privileges, rights, uses and interests
incident thereto, as hereinafter set out: -
Fj(Hffirr-
MN, THEREFORE, in consideration of the premises and for and in
consideration of the charges, fees, rentals, covenants and agreements con-
tained herein, the parties hereto do hereby agree as follows:
.ARTICLE I
RIGHT TO ASSIGN
The City of Corpus Christi, a municipal corporation, situated
in Nueces County, Texas, hereinafter called the City, the sponsor and owner
of the Corpus Christi International Airport, does by the acceptance of
this assiy,, nt and agreement, agree tp all of the terms and conditions
set out herein and agrees that in the event of a judicial determination
that this agreement was entered into contrary to law as between Assignor
and Assignee or that Assignor, Corpus Christi Bank a Trust Company, did
not have legal authority to enter into this assignment, then.the City agrees
to take whatever reasonably necessary steps may be required to provide
Assignee with a good and valid assignment or lease of the space hereinafter
described. It is understood by and between the parties hereto that this
assignment and agreement must be accepted and approved by the City Council
of the City of Corpus Christi, acting by and through its City Manager, in
writing noted herein, before the City is bound by any of the terms or condi-
tions set forth herein.
ARTICLE II .
DESCRIPTION OF ASSIGNED SPACE
Assignor does hereby assign unto Assignee, subject to all of
the terms, conditions and covenants of this agreement, and the agreement
between the City of Corpus Christi and Assignor as.hereinabove described,
an area designated for commercial hangar and fixed base aviation operations
located generally on the northeast side of the Terminal Building within
the area and all as shown and described on the attached drawing marked
Exhibit "A", which is made a part hereof for all intents and purposes as,
if copied verbatim herein, said area hereby leased being a tract of land
extending 760 feet east and west and 200 feet north and south and com-
prising 152,000 square feet.
ARTICLE III
PRIVILEGES; RIGHTS, USES AND INTERESTS
A. USE OF LEASED PREMISES. Assignee shall use the premises
for commercial hangar and fixed. base aviation operations herein defined
and for no other use without the specific written permission of the City;
(1) Housing aircraft in hangars and related shop and
office use;
(2) Engaging in any activity related to the business of.
repairing, leasing, purchasing, or otherwise acquiring, selling, exchanging,
dispensing, financing, insuring, or dealing in or distributing aircraft
of every class and description, including engines, motors, aircraft instru-
ments, supplies and accessories;
(3) Servicing of aircraft with fuels and lubricants;
(4) Operation of aerial taxi and sightseeing services and
aerial advertising, aerial survey, aerial photography and mapping;
(5) Operation of schools of flying, navigation, aviation
mechanics, aerial survey, aerial photography, aerial designing, aerial
construction;
(6) Aeronautical and allied research;
(7) Operation of the.business of nonscheduled transportation
of passengers; and
(8) Undertaking of any phase of aviation activity for profit
related to or contributing in any way to aircraft sales, servicing and
distribution or aerial navigation.
B. RIGHT TO USE AIR FIELD. Assignee shall have the right to
use the public areas and public airport facilities including the runways,
taxiways, aprons, ramps and navigational aids and facilities in common with
others so authorized, subject to and in accordance with the laws of the United
States of America and the State of Texas; and the rules and regulations
promulgated by their authority with reference to aviation and air naviga-
tion, and in accordance with all reasonable and applicable rules, regula-
tions, ordinances and Charter of the City.
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C. RIGHTS ENUMERATED. Assignee shall have the following rights:
1. To sell aircraft fuels, lubricants and propellants on
the leased premises, on any other public apron, and within any private hangar
• area. City reserves the right to lease or rent the apron immediately ad-
jacent to the control tower annex building, known as the transient apron,
as shown on the master plan of the Corpus Christi International Airport,
to an operator or operators as a separate business for the dispensing of
fuels, lubricants and propellants and/or for the operation of tiedown
facilities an said apron. In the event that the transient apron is operated
as a separate business, then Assignee shall not have the right to the use
of the tiedowns on said apron or to sell and dispense fuels, lubricants or
propellants on said apron.
• 2. To store aircraft fuels, lubricants, and propellants on
the leased premises.
3. To maintain and operate mobile equipment when reasonable
and necessary to fill and dispense aircraft fuels, lubricants and propellants
on the leased premises and within the area described above, with right of
access to the commercial ramp and connecting taxiways.
4. To maintain, store and service aircraft which shall
include hangar storage of aircraft, major and minor overhauling and
repairing of aircraft, repairing, inspection and licensing of same, and
purchase and sale of parts, equipment and aircraft accessories.
5. To purchase and sell, within the leased premises, aero-
nautical charts, publications, caps, sunglasses, computers, radios, and
other aviation related items normally sold and dispensed by commercial
fixed base hangar operators.
6. To rent, lease and charter aircraft and to engage in the
business of teaching and/or otherwise instructing flying and aircraft
mechanics.
7. To place and erect signs and advertising material within
the hangars, offices and shops on the leased premises at Assignee's discre-
tion; and to place and erect signs and other advertising material on the '
outside of Assignee's buildings, shops and offices; provided that the size
and shape of such signs shall conform to the general appearance of the airport
premises and be subject to the approval of the Airport Manager; and to place
and erect signs and advertising material at other locations on the airport, pro-
vided that written permission is obtained from the Airport Manager prior to
the installation of any sign or advertising material at any location outside
of or off the leased premises, and subject to the order of the Airport
Manager to require the removal of such installations of any of them at any
time.
activities
prohibited
D_ ACTIVITIES AND USES EXPRESSLY PROHIBITED. The following
and uses are expressly excluded from this lease and Assignee is
from any such use or activity except as noted:
1. Ground Transportation for hire: Assignee may provide
ground transportation for its employees and aviattion
customers as a service except that said service may not
be offered to the general public on a corrmercial basis.
2. Western Union. Assignee may use the wires, lines and
services of Western Union for its own purposes in
connection with the establishment of a communications
system and weather system or for any other purpose so
long as Assignee does not engage commercially in the
taking or sending of telegrams, money orders, etc.
3. Automobile Rental Service.
4. News and sundry sales except for those aviation related
items as mentioned hereinabove.
5. Advertising concessions except for those that may be •
conducted within Assignee's hangars; offices and shops.
6. Barber, valet and personal services.
7. The sale of food and/or drink except from dispensing
machines located within the hangars, offices and/or
shops. However, no cafe or cafeteria type of service
shall be operated.
8. The sale of flight and/or trip insurance.
9. Commercially engaging in the business of making
reservations for hotels, motels and other lodging.
ARTICLE Iv
CONSTRUCTION OF HANGARS AHD IMPROVEMENTS
Prior to construction of any hangar or improvements on the
premises, Assignee will submit plans and specifications to the City for
approval and review with respect to the general appearance, safety, type
of construction proposed and life and value.
ARTICLE V
ACCEPTANCE OF PREMISES
Assignee acknowledges that the premises have been inspected
and accepts the leased premises in its present physical condition and wi11
pay the total cost of developing said property.
ARTICLE VI
TERM
This assignment shall be for a -term of approximately eleven
(11) years, commencing on the date of execution hereof and terminating
t990
�0./. on July 13,=F& ', provided Assignee has -not defaulted in any of the terms,
conditions, and provisions hereof.
ARTICLE VII'
RENT
_ ----Assignee will pay City a base rental fixed as of July, 1960
and supplemented as follows:
1. Three cents (3¢) per square foot per year for the area
covered by hangars, shops, offices and/or other improvements.
2. One cent (1) per square foot per year for the area within
the premises between the building setback lines where buildings could
legally be constructed.
3. Thirty-three and one-third (33-1/3%) percent of the gross
income from parking and/or tiedown facilities located on any ramp that may
be constructed in the ramp area, shown on Exhibit "A".'
4. Two (2t) cents per gallon for each gallon of gasoline and/or
other propellants and fuels purchased by Assignee, except as to gasoline sold
to commercial airline aircraft holding valid operating contracts on the airport.
Assignee will not be required to pay for loss of such fuels due to theft or
leakage, upon furnishing the City with sufficient proof of such loss.
5. Assignee will not be charged for storage tanks within
premises, except ground rental,and will submit storage tank plans to the
City for approval prior to installation. Fuel storage sites on property
outside these premises will require a separate lease.
6. At the end of each three-year period after the execution of
this agreement, either City of Assignee may request an adjustment in the ground
rental rates, and the flowage fees as above set out, which adjustment shall
be computed by multiplying such rate and fee by a fraction, the denominator
of which shall be the arithmetical average as of July, 1960 of the indices
(A) of the United States Bureau of Labor Statistics for hourly wage rates
of all workers in manufacturing and (6) of all commodity wholesale prices,
and the numerator of which shall be the arithmetical average of said indices
(A) and (B) for the last available twelve.(12) monthly indices immediately
preceding the request for adjustment.•
Should either of said indices change substantially as to for and
basis of data or manner of publication, the above adjustment provision:
may be'amended in writing.•
On the base date, July, 1960, the United States Bureau of Labor
Statistics index for hourly wage rates for all manufacturing employees saes
$2.26 per_hour and the commodity wholesale sale price index was 100.8.
Such formula must result in a change of at least 1/4t per unit or no adjust-
ment shall be made, and all adjustments shall be made to the nearest T/4.
City retains the right to adjust the rates for fuel flowage fees
set forth herein, such rates to be published by ordinance duly adopted by
the City Council. City will put this same clause in any renewal, amendment,
or extension of any other existing fixed base operator lease as well as
•any other new fixed base operator lease.
Effective as of the date of the execution of this agreement, the
rents based on the foregoing formula are as follows: The Improved Area,
seven and one-fourth (7 1/4t) cents per square foot per year; Unimproved
area, two and one-half (2 1/2¢) cents per square foot per year; Flowage
fee, four and three-fourths (4 3/4t) cents per gallon. Ground rental
as set out here and above shall be computed on a monthly basis and shall
become due and payable on the first day of each calendar month throughout
the term of this assignment. On the first day of the next calendar month
after the rentals begin under this lease, Assignee shall prepare a report
in writing on a form approved by City showing the total number of gallons
of gasoline fuels and/or other propellant purchased by Assignee and the total
gross receipts on the above mentioned apron during the preceding calendar
month and shall submit said report to City along with the rental to be paid
thereunder prior to the tenth day of said calendar month. Assignee shall
submit a like report and payment therefor for each succeeding month during the
term of this assignment. Assignee will keep full and accurate records of all
transactions, purchases, sales, and income, both from cash sales and credit
sales, that in any way concern rental to City; and will hold all books and
records covering such sales open to inspection by City at all reasonable times.
7. City appoints its airport manager as its agent to receive all
rentals and reports under this assignment and Assignee will submit said reports
and payments to the Airport Manager. City may designate others as agents
to inspect Assignee's books and records, such inspections to be performed
'at reasonable times during working hours.
. 8. In addition to all other remedies which City may have to
enforce the obligations of Assignee, City shall have a lien on all property
of Assignee placed on said premises for all moneys,•rents, shares of grass
receipts and other obligations of Assignee.'
9. By the term "Transient Apron" is meant that apron east of
the control tower building approximately two hundred eighty (280) feet in
width extending from taxiway "H" southward to a line which is the eastern
extension of the south line of the commercial apron running south of the
terminal building and control tower building, said transient apron having
a length north and south of approximately seven hundred fifty (750) feet.
The term "public apron" shall include, in addition to the tran-
sient apron above described, the following area:
All of that area shown on Exhibit A as "commercial apron"
and being an area approximately 300 feet in width extend-
ing north and south and extending east and west a distance
of approximately 1,050 feet,.all of which area lies as
shown on Exhibit A south of the airport terminal building
and airport control tower building.
10. City reserves the right to change the base date of July,
1960 referred to above in the event that the City makes the same change in
any other existing or new fixed base operator leases.
ARTICLE L'III
UNDERTAKINGS OF CITY
City covenants as follows:
A. To operate Corpus Christi International Airport as a public
airport during the term of this lease subject to and consistent with and
pursuant to the assurances given by the City to the United States Government
under the Federal Airport Act, and to Assignee by this assignment.
B_ To make water; gas and wastewater services available upon the
same basis as -applies to residents within the City of Corpus Christi. Assignee
'shall pay all charges for water, gas, wastewater, electricity and other public
utilities supplied to Assignee and/or Assignee's premises during the term of
this assignment as such charges become due and payable.
ARTICLE IX
- UNDERTAKINGS OF ASSIGNEE
_ __Assignee further covenants as follows:
A. At his own expense, to improve the premises by the construc-
tion of hangars, offices, shops and/or other improvements, -as hereinabove
mentioned, and to maintain said improvements and premises in a presentable
condition consistent with good business practice and equal in appearance and
character to other similar improvements on the airport.
B. To remove from the premises all waste, garbage, rubbish, junk,
worn-out parts and other refuse, and not to deposit the same or allow the same
to accumulate, except temporarily in connection with collection for removal,
on any part of the premises or other property located within the airport site;
provided, however, that City may provide garbage service for a reasonable fee
consistent with charges made to commercial establishments of a similar nature.
To make adequate provision for and to dispose of waste oils and
lubricants off the airport property and never put or allow to be put any such
waste oils and lubricants into the airport wastewater system.
C. To supply good, prompt and efficient service adequate to meet
all the demands for such service at the airport on a fair, equal and nondis-
criminatory basis to all users thereof, and.to charge a fair, reasonable and
nondiscriminatory price for each unit of sale or service; provided that
Assignee or its tenants and sublessees will be allowed to make reasonable
and nondiscriminatory discounts, rebates or other similar type of price
reductions to volume purchasers. Nothing herein contained is intended to
nor shall be construed as vesting in City the power or authority to regu-
late Assignee't charges for student training, aircraft rental, aircraft
storage and aircraft charter service and services specifically related to
such servic_
ARTICLE ,X -
GENERAL PROVISIONS
A. INDEMNIFICATION. Assignee is and shall be deemed to be an
independent contractor and operator responsible to all parties for its res-
pective acts or omissions and those of its agents, servants, employees,
invitees, tenants and sublessees, and City shall in no way be responsible
therefor. In the use of the airport and in the maintenance, erection or
construction of any improvements thereon, and the exercise and enjoyment
of the rights herein granted, Assignee will indemnify and save harmless
City from any and all losses or claims for damages that may proximately
result to City from any negligence on the part of Assignee, Assignee's
agents, servants, employees, construction contractors arld invitees, and for
those of its tenants and sublessees. Assignee will carry public liability
insurance in the minimum sum of $500,000 single limit. All insurance shall
be carried in a responsible company and shall name City as an assured.
Said policy shall, in addition, be endorsed to provide for cross -liability
between the assureds. Such policy shall be in a form satisfactory to City.
All such policies shall provide for a minimum of ten (10) days notice to
City in the event of cancellation or material change in the terms thereof.
B. NOTICES. Notices to City shall be deemed sufficient if in
writing and mailed, postage prepaid, addressed to the Airport Manager,
Route 2, Box 902, Corpus Christi, Texas 78410, or to such other address as
may have been designated in writing by City from time to time. Notice to
Assignee shall be deemed sufficient if in writing and mailed, postage pre-
-10- -
paid, addressed to Assignee at P. 0. Box 419, Kenedy, Texas 78119
C. TAXES. Assignee will pay any and all real and personal
property taxes levied from time to time upon the improvement placed upon
the premises.
D. All of the terms, covenants and agreements herein contained
shall be binding upon and shall inure to the benefit of the heirs, successors
and assigns of Assignee and City.
E.. DESTRUCTION. In the event that Assignee's improvements or•
the airport is damaged or destroyed by acts of God or through enemy attack
or for any other reason outside the•control of Assignee and City to such an
extent that the airport cannot be operated as an airport, then this agreement
shall terminate.
In the event that the leased premises or Assignee's improvements
or the airport facilities reasonable and necessary for Assignee to conduct
Assignee's business are partially destroyed or damaged due to acts of God
or other acts outside the control of Assignee and/or City to such extent
that the premises may not economically be used for the uses and purposes
for which assigned, then this agreement and assignemnt shall be suspended
during the period of such partial damage or destruction and shall not begin
or resume until the damage has been repaired. City shall be the sole judge
of the extent of the damage or destruction to the airport and shall have an
option to either declare this assignment terminated or suspended or to re-
pair the airport facilities or in case of damage or destruction to Assignee's
improvements, to either declare the assignment terminated, suspended or to
require Assignee to repair his improvements, and fix the time within which
such repairs shall be made.
F. SUBORDINATION. This assignment shall be subordinate to the
provisions of any existing or future agreement between City and the United
States relative to the operation or maintenance of the airport, the execu-
tion of which has been or may be required as a condition to the expenditure
of federal funds for the development of the airport. Should the effect of
such agreement with the United States be to take any of the premises under
this assignment out from the control of City or to substantially destroy the
_1.
I•
commercial value of the premises, then City must provide adequate premises
to Assignee or this agreement shall terminate.
G. TERMINATION. This agreement shall terminate at the end of
the term set forth in Article V hereinabove, and Assignee shall have no fur-
ther right or interest in any of the premises or rights, uses or other
interests contained in this agreement, and Assignee will vacate and remove all
equipment placed thereon by Assignee prior to the execution of this assignment,
unless Assignee and the City renegotiate said assignment and enter into a mu-
tually satisfactory assignment or lease extending the term hereof. Assignee
shall have one hundred twenty (120) days within which to remove Assignee's
equipment and personal property, and in the event Assignee fails to do so,
the same shall work as an abandonment and title shall pass to City, or City
may remove said equipment and personal property and Assignee will reimburse
City for its expense.
H. CANCELLATION. Default in payment of any of the rentals shall
give City the right to terminate this assignment at any time after thirty
(30) days notice in writing has been given to Assignee, unless within said
time Assignee has fully complied with the rental provisions.
Default in any of the other covenants on the part of Assignee shall
likewise give City the right to terminate this assignment at any tine after
thirty (30) days notice in writing has been given Assignee, unless within
said time Assignee has fully corrected the condition creating the default.
City will specify in such default notice the provision under which City
claims that Assignee is in default, and the acts of omissions giving rise
to the claimed default.
ARTICLE XI
TRANSFER OF ASSIGNMENT
The written authority of the City shall be obtained by Assignee
prior to any sale, reassignment, transfer or subassignment of this assignment.
Should Assignee borrow money or otherwise finance the improvements to be con-
structed hereunder, and should it become necessary for any lender, financing
agency or guarantor to foreclose and take over this assignment because of
-12-
Assignee's failure to pay, said lender, financing agency or guarantor• may
operate the assignment subject to all of its provisions, provided ali obli-
gations of Assignee's are met and all payments owing be paid.
ARTICLE XII
AIR OPERATIONS AREA SECURITY
Assignee shall provide for the security of the air operattars
area to prevent ground entry or movement of unauthorized persons in accor-
dance with Section 9-32 of the City Code of Corpus Christi, Texas, and any
regulationT imposed upon City by the Federal Aviation Administration_
Assignee shall indemnify and hold harmless City, its officers and employees,
from any charges, fines, or penalties -that may be levied by any agency of
the United States or the State of Texas by reason of Assignee's failure to
comply with this requirement.
Physical barriers to prevent access to the air operations area
must be in effect during construction upon the premises. This covenant is
in addition to any of•the above indemnification provisions.
ARTICLE XIII
CIVIL RIGHTS
In exercising any of his rights or privileges, Assignee shall
not on the grounds of race, sex, creed or national origin discriminate
or permit discrimination against any person or group of persons in any man-
ner prohibited by Part 21 of the Reguld;ions of the Secretary of Transporta-
tion. City hereby expressly retains the right to take such action as the
United States may direct to enforce this nondiscrimination covenant.
ARTICLE XIV
SUPERSEDES TEMPORARY ASSIGNMENT
This agreement supersedes the previous temporary assignment
existing between the parties, authorized by Ordinance No. 14977
passed and approved by the City Council on July 3, 1979.
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ARTICLE XV
PRIOR INTERESTS
Assignee recognizes and shall assume the obligations relating
to all existing encumbrances held by the Small Business Administration upon
the leasehold and improvements on the demised premises.
EXECUTED on this /"day of Ausf , 1979.
a/d--)/d/Charles N. Raybur
ATTEST:
ATTEST:
ATTEST:''., ,
City Secretary
APPROVED: 12/..4- e , 1979:
ij
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cit'yJorney
rector or in�nce
SMALL BUSINESS ADMINISTRATION
d(e/§0.0a7____.
BY
CORPUS CHRISTI BANKr& TRUSTiCOMPANY
�I tG�l
keit !7 �7
1 /
CITY OF CORPUS CHRISTI
By
R. Marvin Townsen
, City Manager
13Y COUNCIL. P -e- 1
S1:C.4h:a
ACKNOWLEDGMENT
THE STATE OF TEXAS I
COUNTY OF j
BEFORE ME, the undersigned authority, on this day personally
appeared C4 14'24'-'S �� 1k't ti4 "� s. , known to me to
be the person whose name is subscribed to the foregoing instrument, and:
acknowledged to me that he executed the same for the purposes and con-
sideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF_OFFICE, this the Za day
of << , 1979.
THE STATE OF TEXAS
COUNTY OF NUECES
tary Public in and for Mid County,
Texas /(s/s[.vo
My commission expires:
CORPORATE ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personalty
appeared C...\G ,
.• ��.», L �a S„�\. , known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of
„_\ , for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 4,74/\ --day of
” , 1979.
Aft 6/1„,L
Notary Public in and for Nueces County,
Texas
My commission expires: 09,24E71
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS )
COUNTY OF NUECES )
B ORE ME, the undersign
d authorittyrn this day personally
a peared /� . nfOk((- w<- //f%(jL/lV
/ ! )oi CLZC._ , known to me to be the person and
officer whose name is subscribed to the foregoing instrume t and acknowledged
me that he executed the same as the act and deed of d7
pV7a/ , for the purpose and ........:.......+:un un the----
r
expressed and in the capacity therein stated. �l
/ �..%�!�[/�CI ,GIIVEENER MY HAND AND SEAL OF OFFICE, this the ) day of
/-, 1979. •
THE STATE OF TEXAS
COUNTY OF NUECES
IC?
15 al—
Notary Public in and foryNueces County,
Texas //ll (�
My commission expires: /v (-21R
CORPORATE ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally _
appeared Joseph F. Smejkal
Vice President & Trust Officer , known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of Corpus Christi
Bank & Trust , for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 28 day of '
Auoust , 1979. '
Notary Public in and for NuecesrCounty,
Texas
My commission expires: 2/9/80
r 1 Ii .
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SEGMENTED
CIRCLE
MARKER ([,
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t 81,100.00
NOTE
For value received, the undersigned promisee to pay to the order of
Small Busiaifada Administration
(Payee)
at its office in the city of Donvet , State of
Inil 241 332 11 01
SBA LOAN NUNOER
Corpus Christ -1, Tan
(City lad State)
(Date) r I4.
Colorado
or at holder's option, at earth other place as may be designated from time to time by the bolder
Eighty O T"hO sand Ona iurdred and no/J 00 dollen,
(Write oat amount)
with interest on unpaid principal computed from the date of each edvsace to the undersigned at the rate of 9 1/4
percent
per annum. payment to be made is installments as follows:
$1.215.00, including principal and interest, payable monthly, beginning ons ( 1 )
months from date hereof and $
1,215.00 on the same date of each succeeding calendar
month thereafter until paid in full, provided that all principal and interest not
sooner paid shall bccoae.due and payable eight (8 ) years from the date hereof;
and each said_installment payment, When received, shall be applied by the holler
hereof, first to interest accrued to the date of receipt of said payment, end t "
balance, if any, on account of the principal hereof.
Payment of any installment of principal or interest owing on this Note may be made prior to the malorily dote thereof while • t
preelty.
The tern "Indebtedness" as used herein shall mean the iodebtednesa evidenced by thin Note. iaelndiog principnl, interest.
end expenses. whether coolingrot, onw due or hereafter to become due and whether heretoforeor
p0 other propeYty or cii•': •,
hereafter contracted. The term "Collateral" as used in this Note shall mean any funds, guaranties,
i e, he, then property r rit:i'• or
therein of may nature whatsoever or the proceeds thereof whirh mayreave been,
the . or htrdoeas or may h by otheca The Coll n0,
iudtrrrtly by the undersigned or others, in connection with. or n+ y
el, and inch part thereof. shall secure the Indebtedness and each part thereof. The covenants and conditions set forth or referred
to in any and all instruments of hypothecation constituting the Collateral are hereby incorporated in this Note es eovenents end
conditions of the u.dersi jed with the same force and effect as though such covenants and conditions were fully set forth herein.
The Indebtedness shell immediately become due and payable, without notice or demaod, upon the appointment of a rn_ceiver or
liquidator, whether voluntary or involuntary, for the undersigned or lar any of its property, or upon the filing of a petition by or
against the undersigned under the provisions of any State in„lveoc for the low or oder derithe e().tovisions 1 Helder e kr ptc Act of
flo deo.
a. emended. or upon the making by the undersigned of on o+ gnmr a
immediately due and payable upon the happening of any of the followingevents;
U) Fall a top part of the of the Indebtedness
im Yed of
Ill Failure to goy any pert of the Indrbtrdaee+ when due; (2) nonperformance by the under' ft'thrr of �h em8rwith respect to the lnwith, or 057 oo-
dittro imposed by, holder or Small Business Admtnisttntino (hereinafter called "SBA"),
debtrdoess. (3) Holder's discovery of the undersigned', failure in any application of the undersigned to Holder or SBA to diseloen
guy fact deemed tw Holder to be materiel or of the making therein or in any of the said agreements. or in any effidavil or other rine-
umentssobmittedgtao connection with said application or the .ndebtednern, of any mtnrepresentattoo by, no behalf of, or Inc the ben"
tion
Ill of as amended) or' merger or consolidation orher then a f the undersigned (or the making oil lanyaagr agreement of the provision.
therefor) withoutt the prior • ri 'r'.
laneat such time or times as Holder -nay r
eooer.^.t of Holder; (5) the underaigned'e failure duly to account, to Holder's satisfaction, ' f r
quire, for soy of the Collateral, or proceed. thereof. coming into the control of the undersigned; or (6) the institution of s•:•
e toexercise xecine the
its rights deemed by Holder to affect
p•ratlraph shall not canstiyu lea • waiver thereol.iln er in the Collateral or otherwise. (Lal !-r
ere
t 30A FOR•
M 147 111.711 RCP': NO 510-1 PREVIOUS EDITIONS AND 50A FORMS 154. 32sA, 030 AND 530A ARE 015501-0.17.
CC Cf SDA
(DAL VI Overprint) $� DC n:
Upon the nonpayment of the Indebtedness, or any part thereof. when due. whether by acceleration or nhherwhce. Holder is en•t n..
••red to sell, assign, and deliver the whole or any part of the Collateral at public or pnvate eek, without demand. adverli.rw,rnt w
n••nre of the time or place of hale or of any adjournment thereof. which are hereby expressly waived. After deducting all aspens•
•nrirIental to or arising from such sale or sales, (folder mny apply the residue oI the proreed• thereof to the payment of the in,leh•
t•••lnrss, ns it shall deem proper. returning the excess. it soy, to the undersigned. The undersigned hereby waives all rifting el tr-
I••mptton or appr.ieemeot whether before or after sale.
Ilolder is further empowered. to collect or esuee to be collected or otherwise to he converted into money all or any pan of thr-
Collateral, by suit or otherwise, and to surrender, compromise, release. renew. extend, exchange, or substitute any item ell she Col.
lateral in tranenctione with the undersigned or any third party, irrespective of any assignment thereof by the undersigned. and with-
out prior notice to or consent of the undersigned or any assignee. Whenever any item of the Collateral shall not be paid wince due.
or otherwise shell be in default, whether or not the indebtedness, or any part thereof, has become due. Holder shall have the sone
rights and powers with respect to such item of the Collateral as are granted in respect thereof in this paragraph in case ell nonpav
mrnt oI the Indebtedness, or any part thereof, when due. None of the rights, remedies, privileges, or powers of Holder erpres.ly
provided for herein shall be exclusive, but each of them shall be cumulative with and in addition to every other right. remedy, privi•
lege. and power now or hereafter existing in term. of Holder, whether at law or in equity, by statute or otherwise.
The undersigned agrees to take all necessary steps to administer, supervise, preserve, and protect the Collnterel; and regartlles..
of any 'action taken by Holder, there shall be no duty upon Holder in this respect. The undersigned shall pay ell expenses of any OP •
lure, whether incurred in or oat of court. and whether incurred before or after this Note shall become due at its maturity dente or nth••t-
wise, including bot not limited to reasonable attorney's fees and costs, which Holder may deem necessary or'proper in enanection
with the satisfeetion of the Indebtedness or the administration, supervision, preservation. protection of (including, but not limited ro,
the maintenance of adequate insurance) or the realization upon the Collateral. Holder is authorised to pay at any time and from time
to time any lir all of sack e>peaaee, add the amount of such payment to the amount of the Indebtedness, and charge interests thereon,
at the rate specified herein with respect to the principal amount of this Note.
The secnrity rights of Haider and its assigns hereunder shall not be impaired by Holder's sale,hypothecation or rehypethecatian
of any note of the undersigned or any item of the Collateral, or by any indulgence, including but not limited to (a) any renewal. ex-
tension, or modification whim Holder may grant with respect to the Indebtedness or any part thereof, or (b) any enrrender. comprt.
mise, release. renewal, extensioo, exchange, or substitution which Holder may grant in respect of the Collateral. or (c) say indul-
gence granted in respect of any endorser, gnaraotor, or surety. The purchaser, assignee, transferee, or pledgee of thin Note. the
Collateral, any guaranty, and any other document (or any of them), Bold, assigned. transferred, pledged, or repledged, ohall forthwith
become vested with and entitled to exercise all the powers and rights given by this Note and all applications of the onderaicn•el to
Holder or SBA, as if said purchaser, assignee, transferee, or pledgee were originally named as Payee in This Note and is seed a•+phi•
cation or epplicatioae.
This promissory note is given to secure a luso which SBA is making ar in which it is participating lied, poreoant to Part 101 of
the Roles and Regulations of SBA (13 C.F.R. 101.1(d)), this iastmmeat is to be construed and (when SBA is the Holderor a party/
in interest) enforced in accordance with applicable Federal law.
•
Charles N. Rayburn
Dorothy A. Rayburn
Note.—Corporate applicants most execute Note, in corporate name, by duly authorized officer, and seal most be affixed and ,!uiv
attested; partnership a• tlicants must execute Note in firm name, together with signature of ■ general partner.
►A•:E
( .IDTFICATTON OF PROMISSORY NOTE Q
Re: ___CarjaalLis-.
Deet 433
resod, Tc7 78]19
CP 041 3Z2 10 03
WHEREAS, heretofore and under date of Apri1.4 , 1977
Corpus Qtr13t3 Pviat1 i, 2rc.
(Hereinafter called "Borrower"), made, executed and delivered to
iti +l lr'i._3.bZ_1 Bo 1't
, one certain promissory Note, in the original
principal amount of $ 200,030.00 , payable in =ellY installments of
varic s arcunts eachpuluarAinterest at the rate therein provided, final_ maturity
of said Note being Arxil 4, 1932 ; and,
WHEREAS, it is mutually desirable, beneficial, and agreeable to the parties hereto
that the repayment terms of said Note be modified as hereinafter set out;
NOW, THEREFORE, in consideration of the mutual benefits inuring to each other, it
is understood and agreed, by and between the parties hereto, that the terms and conditions
of Borrower's Note, as above described, are hereby modified as follows:
I sYh�y
imta13=em of raid Botts chant= a1,105.0O3 c2. ctivn July 4, 1973.
Data cf Maturity al said Nota shall to: T.,y.ii 4, 29n7.
It is further understood and agreed that all other terms, conditions, and covennnr•
of the aforesaid Note, not otherwise modified hereby, shall be and remain the same,
that this Agreement, when executed by the parties hereto, shall be attached to arta.`r. ••
a part of the original Note, and shall have the same force and effect as if the terror :r
conditions hereof were originally incorporated in the Note, prior to its execution.
IN WITNESS WHEREOF, this Agreement is executed by the undersigned parties as of tl.r
, day of , 19
tsu1 .O L4.
wrathy A. LtiyZUril(Borro'.0r)
(Borrowers
ACCEPTED BY:
EMI! LT;du � IiZk•I1 77.Y^*:�'i'1�isi
�IS1rt.=1 A. 4=-a:zr-4Ti' i er of Note)
Ii- ncll Ni 1st s
The undersigned endorsers, guarantors, and/or sureties.on the above described Note hereby
join in and consent to the above Modification Agreement.
Dated this day of
• , 19
�� U
N C
DAL. VI Form 13 (2-76) PREVIOUS EDITION NAY BE USED UNTIL STOCK EXl1AUSTED
REF: SOP 50 50 1 •. .
uy�
IT IS AGREED AND UNDERSTOOD that assumption of this indebtedness by the Transferee does
not relieve the Transferor from personal liabilityvfor payment of the indebtedness
referred to herein.
AGES 10:
TRANSt rta)R:
CORPUS CHRISTI AVtATI0W, INC./
BY: /V
M. Anthony Feher,/president
ATTEST:
STATE OF TEAS
COUNTY OF
TRANSFEREE:
l ft
Charles N. Rayburn
42,.-1!, ,
Dorothy A. burn
ACENOTAIEDSIENTS
LZLifil-J
BEFORE ME, the undersigned authority, on this day personally appeared
1.1. Anthony Feher, known to ne to be the person whose name is subscribed to the foronoin,;-
instrmrent and acknowledged to ne that he executed the sore for the purposes and
consideration therein expressed and in the capacity therein stated as the act and
deed of Corpus Christi Aviation, Inc.
GIVEN under-my_hand and seal of office, this the //day of
•
STATE OF TDIAS
COUNTY OF I\4R^/1.--5
, _-
Notary Public in and for
County, State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Charles N.
Rayburn and Dorothy A. Rayburn, known to me to be the persons whose names are suh;crib. '1
to the foregoing instrurent of writing, and acknowledged to me that they executed the
said instrument for the purpose and consideration therein expressed.
GIVEN under my hand and seal of office, this the '1 day of x A,D.,19 7•
4//d -
Notary
Notary Public in and for KAA,.n.p
County, State of Texas
CONSENT OF CITY
The First City Bank of Corpus Christi, formerly Corpus Christi Bank
and Trust Company, Trustee, (the "Trustee") by agreement between Trustee
and the City, duly and legally approved by the qualified voters at an
election held on August 29, 1959, is the Lessee of certain property located
within the site of Corpus Christi International Airport, Nueces County,
Texas.
In the Base Lease, accepted and agreed to by the City, the Trustee
assigned its leasehold interest in a portion of such property (herein
referred to as the "Original Premises") to Sublessor. City hereby consents
and approves this sublease of a portion of the Original Premises (herein
referred to as the "Subleased Premises"). The City acknowledges that the
Base Lease is valid and in full force. By consenting to this Sublease, the
City does not waive any of its rights under the Base Lease as to Sublessor.
This Consent is expressly conditioned on the Sublessee's acknowledgement
and acceptance of the terms, conditions and covenants of the Base Lease as
applicable to the Subleased Premises.
This consent is also conditioned upon the following:
1. Payment either jointly or separately by the Sublessor and/or
Sublessee of all outstanding personal property taxes and ad valorem taxes
on improvements, ground rentals, and fuel flowage fees attributable to the
"original premises" at the time of the signing of this Consent.
2. Sublessor agrees to develop the "remainder" premises in
accordance with the development plan attached hereto as approved by the
City's Airport Manager. Construction of the development plan improvements
shall commence within ninety (90) days from the City's approval of the
ATTACHMENT 1
proposed sublease. Construction shall be completed in accordance with the
development plan within twelve (12) calendar months after commencement of
said construction. Failure by Sublessor to develop the "remainder"
premises strictly in accordance with the development plan shall be deemed
an event of default under the Base Lease, but only with respect to the
"remainder" premises and shall not be deemed and event of default of
Sublessor with respect to the subleased premises.
3. Sublessee shall make its payments of "Additional Rent" directly
to the City in the manner provided in Article VII of the Base Lease, or
similar provision appearing in any modification or successor agreement to
the Base Lease.
4. Both Sublessor and Sublessee shall be bound by the provisions of
the Base Lease or any modification or successor agreement to the Base
Lease.
5. If Sublessor defaults under the Base Lease and Sublessee is not
in default under the Sublease, the City shall pursue its remedies against
Sublessor and not Sublessee and shall permit Sublessee to continue to lease
the Subleased Premises; provided, however, that the City may pursue its
remedies against Sublessee if Sublessee is in default of a condition or
covenant of the Base Lease to which it is bound, including, but not limited
to the payment of ground rental and fuel flowage fees directly to the City.
It is further understood that failure of the parties hereto to timely pay
all personal property taxes and ad valorem taxes on improvements on the
Base Lease Premises or Subleased Premises, respectively, may result in
termination of the respective leasehold interest of the delinquent party.
The City agrees that in the event of the cancellation, termination,
expiration or surrender of the Base Lease, the City will accept the
ATTACHMENT 1
Sublessee, as its Lessee for a period equal to the full unelapsed portion
of the term of this Sublease upon the same covenants and conditions as are
contained therein, and the City will thereafter become the Sublessor under
this Sublease, and the Sublessee will become the Assignee under the Base
Lease; provided, however, that Sublessee will not be required to consummate
the Sublessor's development plan as described in Condition No. 2 above, and
that the City will not be required to assume the duties and liabilities of
the Sublessor under Section 3.036 and Section 4.01 of the Sublease, or any
other financial obligation fo the Sublessor.
If the Sublessee defaults in any of the obligations under the Base
Lease relating to the Subleased Premises which it assumed by this Sublease,
the City will give written notice to Sublessor and will allow Sublessor
thirty (30) days after such notice in which Sublessor may cure any default.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
City Attorney
Assistant City Manager
Date:
THE STATE OF TEXAS §
COUNTY OF NUECES §
By
BEFORE ME, the undersigned authority, on this day personally appeared
, the City Manager of the City of Corpus
Christi, a municipal corporation, known to me to be the person whose name
ATTACHMENT 1
is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed, in
the capacity therein stated and as the act and deed of said municipal
corporation.
Given under my hand and seal of office on this the day of
, 1983.
Notary Public in and for
State of Texas
My Commission expires:
ATTACHMENT 1
CHARLES N. RAYBURN
P. O. BOX 419
KENEDY, TEXAS 78119
June 13, 1983
Mr. Jerry Sealy
Airport Manager
Corpus Christi International Airport
P. O. Box 9277
Corpus Christi, Texas 78469
Re: DOT Helicopter Sublease
Corpus Christi International Airport
Dear Mr. Sealy:
In accordance with the March 30, 1983 agreement between
Mr. Jay Doegey, Assistant City Attorney for the City of Corpus
Christi, and Mr. Charles L. Eppright, my personal attorney,
which agreement is restated in Mr. Doegey's letter to Mr_
Eppright_of May 3, 1983, I herewith submit my development plan
for the development of the "remainder premises" of the 3.488
acre tract more particularly described in that certain assign-
ment of Lease Agreement entered into on August 14, 1979, between
Corpus Christi Bank and Trust Company, Trustee, as Assignor,
and Charles N. Rayburn, as Assignee. The proposed improve-
ments will be constructed in one phase. While the agreement
between Mr. Doegey and Mr. Eppright provides that the con-
struction of the improvements is to commence within one year
of the City's approval of the proposed Sublease Agreement
between Charles N. Rayburn and Omniflight Offshore, Inc.,
my goal is to commence construction within 90 days of the City's
approval of that Sublease Agreement. Attached hereto as Exhibit
A and incorporated herein by reference is a site plan showing
the location and dimensions of all structures to be built,
including buildings, hangars, sidewalks, driveways, parking
lots, aprons, fences, and ramps. Under this proposal, there
will be constructed 21 T -hangars and 6 small offices or storage
rooms.
Caiu SENT
/ ..
Letter to Mr. Jerry Sealy '
June 13, 1983
Page Two
The estimated costs for construction of the proposed
improvements are as follows:
Engineering $ 1,500.00
Dirt Work & Base 79,400.00
Foundation Concrete 86,800.00
Parking Area (black top) 28,000.00
T -F_- =gars 318,713.00
Electrical 11,518.00
Telephone 9,500.00
Plumbing 31,420.00
Miscellaneous 113,370.00
TOTAL $680,221.20
In connection with the construction of the improvements
described in the development plan, I request that the term of
the base lease on the entire 3.488 acre tract be extended for
30 years from the current termination date of July 30, 1990.
I also request that I be granted an option to lease the
remainder of the unimproved ramp south of our existing lease-
hold, for the purpose of constructing a large hangar. The
exercise of this option would be contingent upon the completion
of t -he --development plan within twelve months of the commence-
ment of construction. Upon the completion of the twenty-one
hangars and six offices described in the development plan, 1
would propose to begin development of the referenced area,
with a completion schedule of eighteen months. The plans and
specifications for any development of the referenced area will
be subject to prior approval of the Airport Director.
Very truly yours,
Charles N. Ra :•u n
CNR:gc
Enclosures
NA SMITH ENGINEERS, INC.
P. O. BOX 3099 J ZIP CODE 78404
4343 South Padre Island Drive
Corpus Christi, Texas 7134111
June 8, 1983
Mr. Charles N. Rayburn, Sr.
IMM -Rayburn, Inc.
P. 0. Box 419
Renedy, Texas 78119
Re: Drainage and Paving Investigation, Lease Area
at Corpus Christi International Airport
Dear Mr. Rayburn:
We have prepared a site grading and drainage plan for a lease
area or 200' x 560' at the Corpus Christi International Airport,
as directed by Mr. Bob Dickson. The outline of the plan is shown
on the 24" x 36" drawing attached.
The grading plan is controlled by the elevation of the edge of
the existing ramp, and the necessity for limiting pavement_slopes
at the hangar approaches to permit manual handling of -aircraft.
Pavement slope within 40' of the hangar doors does not exceed 1%
(1 foot dropper 100 feet of horizontal distance). Proper fit of
the hangar doors requires that the sill be horizontal. We have
stepped the most easterly hangar down 0.4' from south to north to
reduce the fill required to a minimum for these criteria.
Drainage will be on the surface toward the north. Maximum use is
made of two existing 18" culverts, with a short run of 12"'CMP
culvert required near the center of the lease terminating in the
drainage ditch section.
A summary of fill quantities required is listed below:
Hangar Elev. Elev. Area Fill
Space Slab I. Site Sq. Ft. Cu. Ft.
1 45.0 42.7 3,335 7,670
2 44.8 42.4 3,335 8,004
3 44.6 42.2 3,335 8,004
4-8 44.7 42.6 6,000 12,600
9-13 44.5 42.8 6,000 10,200
14-18 44.3 42.8 6,000 9,000
19-21 44.4 43.2 10,000 12,000
Mr. Charles N. Rayburn, Sr.
June 8, 1983
Page 2
Paving Elev. Elev. Area Fill
Area Slab I. Site Sq. Ft. Cu. Ft.
A 44.5 42.5 9,600 19,200
B 44.8 43.1 8,400 14,280
C 44.7 43.2 10,400 15,600
D 44.4 42.8 9,600 15,360
E 44.6 43.2 10,400 14,560
F 44.4 42.9 9,600 14,400
G 44.4 43.2 8,400 10,080
H 44.2 43.0 9,600 11,520
The estimated fill quantity under the asphalt paved area along
the entrance road (55' wide) is 11,280 cu. ft. The total fill
required is 7,200 cu. yds. tight measure. Using a unit weight of
122 v/cu. ft. at optimum moisture content indicates that -11,860
tons of select fill material will be required.
The fill calculations assume that existing site elevations will
be lowered 0.3 feet by initial stripping operations and
compaction of subgrade. The stripped material will be used for
non—compacted fill around the perimeter of the improvements. ,
The quantity of fill required is a considerable expense.
Reduction of this fill volume would require either a change in
the acceptable slope of the ramp areas, rearranging the hangar
locations, or both.
Our statement for this plan and calculations is enclosed. We
would be happy -to continue to assist you in the development of
this project.
Very truly yours,
NAISMITH ENGINEERS, INC.
j,1I )11l��GLIA
James P. Naismith., P. E.
JPN/mrc
2215
attachment
NAISMITH ENGINEERS, INC.
its, of Corpus Christi
Department of .A%ianon
June 23. 1983
Mr. Charles Rayburn
P. 0. Box 419
Kenedy, Texas 78119
Dear Mr. Pav5ur'r:
Your request to develop the "remainder premises" of 2.i7 acres was
presented to the Airport Advisory Board on ;une 18, 1983. Your request was
presented as requested in your June 13, 1983 letter, with 21 T -hangars arz
six scall offices or storage rooms to be completed within twelve months follc:c-
the conmencerer: of construction.
The Airport Advisory Board approved your request to develop the remaining
portion of the leased area with the provisal that the construction beeir within
90 days as stipulated in your letter and that the development period does not
extend beyond the 12 month period after commencement of construction. At t`at
time you would be granted an additional 30 -year period for the entire 2.488 acre
tract covered under the base -lease. The term would begin to •un upon completion
of your hangar facilities and not at the termination date of July 30, 1993. ;t
was the Board's opinion that the 30 -year extension would be enough tire to
ar:ortaze-your- construction costs and sive you a period of tine to enjoy your
investment.
Following timely completion of your construction of the 21 T-c?anoars we
are recommending that you be granted the "right of first refusal" of the property
contiguous and south of the present leased area. Should you fail to complete the
original development as proposed then ,our right would be terminated for failure
to meet the te'-s and con.'iti-ns of said right. If you exercise the right and
develop the 'macre sour^ of :our present lease line you would oe given 18 months
to develop that portion and would be expected to begin construction immediately
upon notice from this office.
Charles, we need to set down again and discuss the utilities and extendinc
of sane to the premises as there is apparently a di`fere'ce in the size of the
line required at this tire since it will be serving more than one facility. =lease
notify this office at your earliest convenience so that we may discuss this -atter
in more detail and move ahead with approval of your project.
Your continued cooperation in this matter is appreciated.
___Pesoectfully,
Jerry :L. Sealy •
Director of Aviation
JLS:lc
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/row Coo o afot
I -"
That the foregoing ordinance was,read for
second reading on this the _, &1 iay of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
first time and p sed to its
, 19X3, by the
That the foregoing ordinance w44 .read for t �' se and time and p ssed to its
-d
third reading an this the027T"ay of , , , 19 ?3, by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foreoigg ordinan as read or the t14,cd time and passed finally
on this the PA( day of , 19 N-13, by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the Aei day of
ATTEST:
APPROVED: �/
DAY OF t.)w/y , 1983:
J. BRUCE AYCOCK, CITYCIATTORNEY
By st t U
Assist ty Attorney
, 19 i3.
MAYO
17759
THE # Y OF CORPUS CHRISTI, TEXAS
5
PUBLISHER'S AFFIDAVIT CITYSOF CC
STATE OF TEXAS, ss,
County of Nueces.
A
Before me, the undersigned, a Notary Public, this day personally came.
DEBRA JACKSON , who being first duly sworn, according to law, says that he is the
ACCOUN.._QL LU
of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF•PASSAGE OF ORDINANCE ON SECOND READING
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the1 day of AUGUST 10 83 and e each DAY thereafter fnr ONE
consecutive DAY
ONE des.
8 41.58
DEBRA JACKSON
ACCOUNTING CLERK
Subscribed and sworn to before me this 1 s t day of AUGUST
EUGENIA S. CORTEZ
Notary 1 l)Iic, Nueces Conn
as
NOTOCE OF
.00 ORDINA CSSA NE
{
SECOND READING l
CONSENTING TO THE
SUBLEASE BY CHARLES
N RAYBURN TO OM IS
OFFSHORE, INC
OF THE 0918 ACRE SITE
OCCUPIEDOPTER AT. BY DCORPUOT S
SHRI5TI INTERNATION-
AL AIRPORT UNTIL JULY
13, 1990, CONDITIONED
UPON PAYMENT OF
OUTSTANDING TAXES,
GROUND RENTALS, ES
D
FUEL FLOWAGE F E
AND FURTHER COP,
ON
TIONED
DEVELOPMENT OF RE-
MAINING 2.570 ACRES OF
THE RAYBURN LEASE
ASSIGNMENT, AND OTH-
AS
SER ET CONDITIONS
SINLTHE it
"CONSENT OF CITY A-
SUBSTANTIAL COPY OF
WHICH 15 ATTACHED
HERETO AND MADE A
PART HEREOF, MARKED
EXHIBIT "1"
Was passed on second
reading by the City Council
of the City of Corpus Chris-
ti, Texas on the 27th day 01
uly, 1983. The full text 00
said ordlubna`tn 1nea00 009 of ,�
'the
4 the City Setret•S Bi11 G Read
( Clty Secretary !
` Corpus Chrlstl�__,_�Texes 1
•
L NOTS 1. A°FI 0RDI E,OEw-
ORDINANCE
ON FIRST READING
CONSENTING TO THE
SUBLEASE BY CHARLES
N. RAYBURN TO OMNI -
FLIGHT OFFSHORE, INC.
OF THE 0918 ACRE SITE
OCCUPIED -BY DOT HELI-
' COPTER AT CORPUS
it CHRISTI INTERNATION-
AL AIRPORTUNTIL JULY
f 13, 1990, CONDITIONED
UPON PAYMENT OF OUT.
- STANDING TAXES,
GROUND RENTALS, AND
I FUEL FLOWAGE FEES,
• AND FURTHER CONDI.
TIONED UPON
DEVELOPMENT OF RE-
( MAINING 2570 ACRES OF
L THE RAYBURN LEASE
ASSIGNMENT, AND OTH-
i ER CONDITIONS ALL AS
! SET FORTH IN THE
"CONSENT OF CITY", A
SUBSTANTIAL COPY OF
t WHICH IS ATTACHED
HERETO AND MADE A
PART HEREOF„ MARKED
• EXHIBIT "1".
Was passed on first read-
ing by the City Council of
the City of Corpus Christi,
Texas on the 20th day of
July, 1983. The full text of
said ordinance Is available
to the public in the Office of
the City Secretary,
-s-Bill G Read
City Secretary
Corpus Christi, Texas
p #9531
PUBLISHER'S AFFIDAVIT CITY OF CC ((^^j
STATE OF TEXAS, lss.
County of Nueces. J1
Before me, the undersigned, a Notary Public, this day personally came _—_....
DEBRA JACKSON , who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
' NOTICE OF PASSAGE OF ORDINANCE
of which the annexed is a true copy, was published in
on the 25 day of JULY __...._.19.83.., and once each......._ DAYthereafter for..... -14.1a.--.
consecutive. DU
ONE Times.
/+2.57 DEBRA JACKSON/���p� D�}},, n�
$••• - -- ACCOUNTING CLERK vX�''� C --S1
Subscribed and sworn to before me this 26th day of JULY 19 83
CORPUS CHRISTI CALLER -TIMES
EUGENIA S. CORTEZ
Notary ublic, Nueces County, Tuxes