HomeMy WebLinkAbout17772 ORD - 08/10/1983AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION
OF LEASE AGREEMENT WITH FIRST CITY BANK OF CORPUS
CHRISTI, TRUSTEE, AND CHARLES N. RAYBURN, COVERING
COMMERCIAL HANGARS AND FIXED BASE AVIATION LEASE PLOTS
AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, MODIFYING
THE EXISTING ASSIGNMENTS AND LEASE AGREEMENT, AND
PROVIDING FOR A NEW THIRTY (30) YEAR LEASE UPON
COMPLIANCE WITH ARTICLE VIII, SECTION 2(c) BY CHARLES
N. RAYBURN, ALL AS SHOWN IN THE MODIFICATION OF LEASE
AGREEMENT, 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 be and he is hereby authorized
to execute a modification of lease agreement covering commercial hangars
and fixed base aviation lease plots at the Corpus Christi International
Airport, modifying the existing assignments and lease agreement affecting
said premises, and providing for a new thirty (30) year lease to Charles N.
Rayburn, upon its compliance with Article VIII, Section 2(c) of the City
Charter, all as shown and more fully set forth in the modification of lease
agreement, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "1".
SEP 6 1984
MICROFILMED
MODIFICATION OF LEASE
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, by Ordinance No. 15042, passed and approved by the City
Council on August 8, 1979, the City approved, subject to certain
conditions, an assignment of lease to Charles N. Rayburn of Kenedy County,
Texas; and
WHEREAS, the parties hereto desire to modify the provisions of
the said agreements governing their rights, interests, privileges and
titles in the leased premises occupied by Assignors;
NOW, THEREFORE, the following assignment and modification of
lease agreement is hereby entered into by and between the parties hereto:
PART I
1. The provisions of this Part I shall become effective upon
execution of this modification agreement by all of the parties hereto.
2. The above-mentioned assignments and lease agreement
affecting the leased premises occupied by Charles N. Rayburn shall
terminate and the provisions of Part II (below) shall become effective and
constitute a new lease agreement of the premises described therein, if,
within fifteen (15) calendar months after the execution of this
modification agreement by the City of Corpus Christi, Charles N. Rayburn
complies with the provisions of Article VIII, Section 2(c) of the City
Charter by completing construction of the development plan for the
"remainder" premises, a copy of which is attached hereto as Exhibit A,
which development plan buildings are reasonably expected by the City to
have a useful life greater than thirty (30) years and a value which in
thirty (30) years will be commensurate with the value of the new lease over
its thirty (30) year term. Rental payments on the additional square
footage for these new buildings shall begin immediately upon completion of
such buildings. If Charles N. Rayburn does not comply with these
requirements, Part II shall not become effective, and the presently
effective assignments and lease agreement, as modified by Part I, will
expire according to their terms, no later than July 13, 1990.
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3. Article VI (Rent) contained in Part II (below) shall become
effective upon execution of this modification agreement by all of the
parties hereto.
PART II
HANGAR AND FIXED BASE OPERATOR'S LEASE
This lease is entered into on the day and year below stated
between the City of Corpus Christi, a home rule city, situated in Nueces
County, Texas, hereinafter called City, and Charles N. Rayburn of Kenedy
County, Texas, upon these terms, performable in Nueces County, Texas.
ARTICLE I
DESCRIPTION OF LEASED SPACE
City leases unto Charles N. Rayburn an areas designated for
commercial hangar and fixed base operations located generally on the
northeast side of the terminal building as shown on the attached drawing
marked Exhibit "B" which is made a part hereof as if copied verbatim herein
and specifically described as follows:
Tract No. 1
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. 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 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.
Tract No. 2
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:
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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. 10 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.
In addition to the above described premises, Charles N. Rayburn
shall have the option to lease an additional area adjacent to and south of
Tract No. 2 of the area hereby leased and described above and designated
"Option Area" as shown on Exhibit A and more particularly described as
follows:
Being an approximately 1.11 -acre tract measuring 307.5 feet by
157.5 feet more or less abutting 307.5 feet more or less on the
south boundary of Tract No. 2.
The option concerning this area shall be on the following terms
and conditions:
For a period of ninety (90) days after the effective date
of this new lease agreement, Charles N. Rayburn shall
have the option to develop and lease the above
described Option Area for the remainder of the lease
term. This option may be exercised by giving written
notice to the City in the manner prescribed in Article
IX(B). Within forty-five (45) days after giving such
notice, Charles N. Rayburn shall submit a development
plan concerning the Option Area to the City's Airport
Manager for approval. Within ninety (90) days after
receipt of the City's approval, Charles N. Rayburn
shall commence construction of improvements in
accordance with the approved development plan. This
construction shall be completed within eighteen (18)
calendar months after the commencement date. Rental
payments on the Option Area shall commence at the
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Unimproved area rate upon giving the City the exercise
of option notice. Rental payments on the Option Area
at the Improved area rate shall begin upon completion
of the Option Area development improvements. Failure
of Charles N. Rayburn to complete the development plan
improvements within the prescribed time and/or in
accordance with the development plan shall, at the
election of the City, render Charles N. Rayburn liable
for the payment of rentals at the Improved area rate,
or terminate the lease with respect to the Option Area.
ARTICLE II
PRIVILEGES, RIGHTS, USES AND INTERESTS
A. USE OF LEASED PREMISES. Charles N. Rayburn shall use the
leased 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 instruments, 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.
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B. RIGHT TO USE AIR FIELD. Charles N. Rayburn 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 navigation, and in accordance with all reasonable and applicable
rules, regulations, ordinances and Charter of the City.
C. RIGHTS ENUMERATED. Charles N. Rayburn 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 adjacent 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 on said apron. In the event that the
transient apron is operated as a separate business, then Charles N. Rayburn
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,
aeronautical charts, publications, caps, sunglasses, computers, radios, and
other aviation related items normally sold and dispensed by commercial
fixed base hangar operators.
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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 Charles N.
Rayburn's discretion; and to place and erect signs and other advertising
material on the outside of Charles N. Rayburn'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, provided 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 or any of them at any time.
D. ACTIVITIES AND USES EXPRESSLY PROHIBITED. The following
activities and uses are expressly excluded from this lease and Charles N.
Rayburn is prohibited from any such use or activity except as noted:
1. Ground Transportation for hire. Charles N. Rayburn may
provide ground transportation for his employees and aviation
customers as a service except that said service may not be
offered to the general public on a commercial basis.
2. Western Union. Charles N. Rayburn may use the wires, lines
and services of Western Union for his own purposes in
connection with the establishment of a communications system
and weather system or for any other purpose so long as
Charles N. Rayburn 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 with Charles N. Rayburn'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.
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ARTICLE III
CONSTRUCTION OF HANGARS AND IMPROVEMENTS
Prior to construction of any hangar or improvements on the leased
premises, Charles N. Rayburn 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 IV
ACCEPTANCE OF PREMISES
Charles N. Rayburn acknowledges that the premises have been
inspected and accepts the leased premises in its present physical condition
and will pay the total cost of developing said property.
ARTICLE V
TERM
This lease shall be for a term of thirty (30) years, provided
Charles N. Rayburn has not defaulted in any of the terms, conditions, and
provisions hereof. This term shall commence upon completion of construc-
tion of the development plan buildings and all requisite conditions for
compliance with Article VIII, Section 2(c) of the City Charter.
ARTICLE VI
RENT
Charles N. Rayburn 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 (10 per square foot per year for the area within
the leased 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 "C".
4. Two (2Q) cents per gallon for each gallon of gasoline and/or
other propellants and fuels purchased by Charles N. Rayburn, except as to
gasoline sold to commercial airline aircraft holding valid operating
contracts on the airport. Charles N. Rayburn 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.
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5. Charles N. Rayburn will not be charged for storage tanks
within leased premises, except ground rental, and will submit storage tank
plans to the City for approval prior to installation. Fuel storage sites
on property outside the leased premises will require a separate lease.
6. At the end of each three-year period after the execution of
this lease, either City or Charles N. Rayburn 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 (B) 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 form 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 was
$2.26 per hour and the commodity wholesale sale price index was 100.8.
Such formula must result in a change of at least 1/4¢ per unit or no
adjustment shall be made, and all adjustments shall be made to the nearest
1/4f.
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 based 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 1/4¢) cents per square foot per year: Unimproved
area, two and one-half (2 1/2¢) cents per square foot per year; Flowage
fee, six (6¢) cents per gallon. Ground rentals 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 lease. On
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the first day of the next calendar month after the rentals begin under this
lease, Charles N. Rayburn 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 Charles N. Rayburn 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. Charles N.
Rayburn shall submit a like report and payment therefor for each succeeding
month during the term of this lease. Charles N. Rayburn 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 lease and Charles N. Rayburn will submit
said reports and payments to the Airport Manager. City may designate
others as agents to inspect Charles N. Rayburn'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 Charles N. Rayburn, City shall have a lien on
all property of Charles N. Rayburn placed on said premises for all moneys,
rents, shares of gross receipts and other obligations of Charles N.
Rayburn.
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 "N" 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
transient apron above described, the following area:
All of that area shown on Exhibit C as "commercial
apron" and being an area approximately 300 feet in
width extending north and south and extending east and
west a distance of approximately 1,050 feet, all of
which area lies as shown on Exhibit C south of the
airport terminal building and airport control tower
building.
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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 VII
UNDERTAKING 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 Charles N. Rayburn by this
lease.
B. To make water, gas and wastewater service available upon the
same basis as applies to residents within
Charles N. Rayburn shall pay all charges
the
for
City of Corpus Christi.
water, gas, wastewater,
electricity and other public utilities supplied to Charles N Rayburn and/or
Charles N. Rayburn's premises during the term of this lease as such charges
become due and payable.
ARTICLE VIII
UNDERTAKINGS OF CHARLES N. RAYBURN
Charles N. Rayburn further covenants as follows:
A. At his own expense, to improve the leased premises by the
construction of hangars, offices, shops and/or other improvements, as
hereinabove mentioned, and to maintain said improvements and leased
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 leased 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 leased 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.
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C. To supply good, prompt and efficient service adequate to
meet all the demands for such service at the airport on a fair, equals and
nondiscriminatory basis to all users thereof, and to charge a fmilrr,
reasonable and nondiscriminatory price for each unit of sale or service;
provided that Charles N. Rayburn or his 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 regulate Charles N. Rayburn's charges for student
training, aircraft rental, aircraft storage and aircraft charter service
and services specifically related to such service.
ARTICLE IX
GENERAL PROVISIONS
A. INDEMNIFICATION. Charles N. Rayburn is and shall be deemed
to be an independent contractor and operator responsible to all parties for
his respective acts or omissions and those of his agents, servants,
employees, invitees, tenants and sublessees, and City shall assume no
responsibility 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, Charles N. Rayburn will indemnify
and save harmless City from any and all losses or claims, judgments,
demands as well as costs of defense arising out of or in connection with
privileges granted under this lease, for damages that may result to City or
third parties from any negligence on the part of Charles N. Rayburn,
Charles N. Rayburn's agents, servants, employees, construction contractors
and invitees, and that of his tenants, sublessees, and affiliates. Charles
N. Rayburn will carry comprehensive general liability insurance in the
minimum sum of $1,000,000 for bodily injury and $500,000 for property
damage, plus an aircraft liability policy covering all owned and operated
aircraft in the amount of $2,000,000 combined single limit. A11 insurance
shall be carried in a responsible company and shall name the City of Corpus
Christi as an additional named insured. Such 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. The City retains the right to
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adjust the insurance requirements at the end of each three-year period
after the execution of this lease.
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
Charles N. Rayburn shall be deemed sufficient if in writing and mailed,
postage prepaid, addressed to Charles N. Rayburn at P. 0. Box 419, Kenedy,
Texas 78119.
C. TAXES. Charles N. Rayburn will pay any and all real and
personal property taxes levied from time to time upon the improvements
placed upon the leased 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 Charles N. Rayburn and City.
E. DESTRUCTION. In the event that Charles N. Rayburn'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 Charles
N. Rayburn 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 Charles N. Rayburn's
improvements or the airport facilities reasonable and necessary for Charles
N. Rayburn to conduct Charles N. Rayburn's business are partially destroyed
or damaged due to acts of God or other acts outside the control of Charles
N. Rayburn and/or City to such extent that the leased premises may not
economically be used for the uses and purposes for which leased, then this
agreement and lease 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
lease terminated or suspended or to repair the airport facilities or in
case of damage or destruction to Charles N. Rayburn's improvements, to
either declare the lease terminated, suspended or to require Charles N.
Rayburn to repair his improvements, and fix the time within which such
repairs shall be made.
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F. SUBORDINATION. This lease 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
execution 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 lease out from the control of City or to substantially
destroy the commercial value of the leased premises, then City must provide
adequate premises to Charles N. Rayburn or this agreement shall terminate.
G. TERMINATION.
1. This lease shall terminate at the end of the term set
forth in Article V hereinabove, and Charles N. Rayburn shall have no
further right or interest in any of the leased premises or rights, uses or
other interests contained in this agreement, and Charles N. Rayburn will
vacate and remove all equipment placed thereon by Charles N. Rayburn prior
to the execution of this lease, unless Charles N. Rayburn and,the City
renegotiate said lease and enter into a mutually satisfactory lease
extending the term hereof. Charles N. Rayburn shall have one hundred
twenty (120) days within which to remove Charles N. Rayburn's equipment and
personal property, and in the event Charles N. Rayburn 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 Charles N. Rayburn will
reimburse City for its expense.
2. At the termination of this lease all improvements
placed on the lease by Charles N. Rayburn including existing hangars and
development plan buildings, and option area buildings shall revert to City
in accordance with the City Charter, Article VIII, Section 2, as amended.
H. CANCELLATION. Default in payment of any of the rentals
shall give City the right to terminate this lease at any time after thirty
(30) days notice in writing has been given to Charles N. Rayburn, unless
within said time Charles N. Rayburn has fully complied with the rental
provisions.
Default in any of the other covenants on the part of Charles N.
Rayburn shall likewise give City the right to terminate this lease at any
time after thirty (30) days notice in writing has been given Charles N.
Rayburn, unless within said time Charles N. Rayburn has fully corrected the
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condition creating the default. City will specify in such default notice
the lease provision under which City claims that Charles N. Rayburn is in
default, and the acts or omissions giving rise to the claimed default.
ARTICLE X
AIR OPERATIONS AREA SECURITY
Charles N. Rayburn shall provide for the security of the air
operations area to prevent ground entry or movement of unauthorized persons
in accordance with Section 9-32 of the City Code of Corpus Christi, Texas,
and any regulations imposed upon City by the Federal Aviation
Administration. Charles N. Rayburn 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 Charles N. Rayburn'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 leased premises. This
covenant is in addition to any of the above indemnification provisions.
ARTICLE XI
TRANSFER OF LEASE
The written authority of the City shall be obtained by Charles N.
Rayburn prior to any sale, reassignment, transfer or subassignment of this
lease. Should Charles N. Rayburn borrow money or otherwise finance the
improvements to be constructed hereunder, and should it become necessary
for any lender, financing agency or guarantor to foreclose and take over
this lease because of Charles N. Rayburn's failure to pay, said lender,
financing agency or guarantor may operate the lease subject to all of its
provisions, provided all obligations of Charles N. Rayburn are met and all
payments owing be paid.
ARTICLE XII
CIVIL RIGHTS
In exercising any of the leased rights or privileges, Charles N.
Rayburn 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 manner prohibited by Part 21 of the Regulations of the
Secretary of Transportation. City hereby expressly retains the right to
take such action as the United States may direct to enforce this
nondiscrimination covenant.
-14-
ARTICLE XIII
PRIOR INTERESTS
Charles N. Rayburn 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 , 1983.
CHARLES N. RAYBURN
ATTEST:
Charles N. Rayburn
FIRST CITY BANK OF CORPUS CHRISTI
(formerly Corpus Christi Bank & Trust
Company)
By
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin, City Manager
APPROVED: , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
1
By By
Assistant City Attorney Assistant City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally
appeared EDWARD A. MARTIN, City Manager of the City of Corpus Christi,
Texas, a municipal corporation, 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 said City of Corpus
Christi for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1983.
Notary Public, in and for
Nueces County, Texas
-15-
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally
appeared of First City
Bank of Corpus Christi (formerly Corpus Christi Bank & Trust Company), a
Texas Corporation, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said First City Bank of Corpus Christi, a Texas
Corporation and that he executed the same as the act of such corporation
for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1983.
Notary Public, in and for
Nueces County, Texas
THE STATE OF TEXAS §
COUNTY OF NUECES §
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 consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL of office this _ day of
, 1983.
Notary Public, in and for
Nueces County, Texas
-16-
CHARLES N. RAYBURN
P. 0. 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.
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 -Hangars 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 the 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, I
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.
CNR:gc
Enclosures
n
NAISMITH ENGINEERS, INC.
P. O. BOX 3099 0 ZIP COOS 79404
4343 South Padre Island Drive
Corpus Christi, Texas 78411
June 8, 1983
Mr. Charles N. Rayburn, Sr.
IMM -Rayburn, Inc.
P. 0. Box 419
Kenedy, 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 leu se
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 drop per 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 10,490 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 #/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.
VLA.,61./Ut,
Jams P. Naismithl, P. E.
JPN/mrc
2215
attachment
NAISMITH ENGINEERS, INC.
•
s CR.>
City of Corpus Christi
3Department of Aviation
N'--- i e Sa:
June 23, 1983
Mr. Charles Rayburn
P. 0. Box 419
Kenedy, Texas 78119
Dear Mr. Rayburn:
Your request to develop the "remainder premises" of 2.57 acres was
presented to the Airport Advisory Board on June 18, 1983. Your request was
presented as requested in your June 13, 1983 letter, with 21 T -hangars ana
six small offices or storage rooms to be completed within twelve months follcw-
the commencement of constructicn.
The Airport Advisory Board approved your request to develop the remaining
portion of the leased area with the provisal that the construction begin 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 3.488 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, 1990. It
was the Board's opinion that the 30 -year extension would be enough time to
amortize your construction costs and give you a period of time to enjoy your
investment.
Following timely completion of your construction of the 21 T -Hangars 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 Jour richt would be terminated for failure
to meet the ter -s and conditi2ns of said right. If you exercise the right and
develop the 1.0acre south of vour present lease line you would ce 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 same to the premises as there is apparently a difference in the size of the
line required at this time since it will be serving more than one facility. Please
notify this office at your earliest convenience so that we ray discuss this matter
in more detail and move ahead with approval of your project.
Your continued cooperation in this matter is appreciated.
__Respectfully,
Jerry iL. Sealy '!
Director of Aviation
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SEGMENTED • • .t
•,^ CIRCLE , s
MARKER (j- :
That the foregoing ordinancejw,�"�s read for a first time and p ed
second reading on this the pq, day of 19
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinanc wa61. read fo
third reading on this their^Iday of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoong• ordinan
on this the lO''tlday of
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 l() day of
ATTEST:
the second time and ps,..,,sed
, 19Q_ ,
o its
y the
to its
by the
&as/read for the gird time and passed finally
_ , 19 IgS , by the following vote:
°4?191,11W
Secretary
APPROVED:
2O9'DAY OF i 17 , 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By Yol.e
Assi /ang ity Attorn�
MAYOR
THE CIOF CORPUS CHRISTI, TEXAS
17772
9 21.
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came
AD#30160
City of C.C.
GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the
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 NO. 17772...
ADM. ASST. SECRETARY
of which the annexed is a true copy, was published in
on the 15th day of
consecutive daX
One Times
$ 1319.67
CALLER -TIMES PUBLISHING CO.
August .1911and once each d7tY-._ thereafter for....__ane.._�.
c n a
GRACIE DE LUNA
Adm. Asst. Secretary
Subscribed and sworn to before me this 111th._.da
EUGENIA S. CORTE&-
- August.
tary BLblic, Nueces County, T
1N6OCE !3F SSAG.
OF, ORDINANCE—
'
Y -i NO: 17771
AUTHORIZING THE CITY
;MANAGER TO EXECUTE
7 A MODIFICATION OF'
LEASE AGREEMENT
WITH FIRST CITY BANK
OF CORPUS CHRISTI,
TRUSTEE, AND CHARLES
N. RAYBURN, COVERING'
COMMERCIAL HANGARS
AND FIXED BASE AVIA1
TION LEASE PLOTS AT
THE CORPUS CHRISTI INf
TERNATIONAL AIRPORT;
MODIFYING THE EXIST;
ING ASSIGNMENTS AND
LEASE AGREEMENT;
, AND PROVIDING FOR A
NEW THIRTY (30) YEAR
LEASE UPON COMPLIE
ANCE WITH ARTICLE
VIII, SECTION 2 (c) BY
CHARLES N. RAYBURN}
ALL AS SHOWN IN THE
MODIFICATION 0 A
LEASE AGREEMENT, A
SUBSTANTIAL COPY OF
WHICH IS ATTACHED
HERETO AND MADE A
PART HEREOF, MARKED
EXi IIBIT "1".
BE IS ORDAINED BY THE
CITY COUNCIL OF THE
t CITY OF CORPUS CHRIS-
TI, TEXAS:
SECTION 1. That the City
Manager be and he is here -
,
by authorized to execute a
modification of lease agree- t
ment covering commercial
hangars and fixed base avi- j
ation lease plots at the
Corpus Christi International
Airport, modifying the ex-
isting assignments q nd1
lease agreement affecting
said premises. and orovid• f
-1
—113:Ttg egal-filit 7.1:10; gal 4ot(ces,X,10 Legal Notices
Ing for new thirty (30) Thence
year ase to Charles N. tlistance f 560,0 feet to a
yearxfrn, upon its tempi1. it" Iron rod for the 5outh-
ance with Article VIII, west cornercof the tract
Section 2(c) of the City Thencerein N.
42'2;
Charter, all as shown and Thence N, 0 W., a the fully set forth in the lance of beginnl feet to the
modification Of lease agree- Cont of ing 2.576
ment, a substantial copy of Containing 2.570 acres of
which Is attached hereto In lend more or lass.
and made a part hereof, the oboes
marked Exhibit "1". described yed premises, Charles
MODIFICATION OF opN.tion
Rayburnn (0leshall have the
LEASE ared) )cent an additionalsuth
THE STATE OF Tcxac area adjacent to and south
COUNTY OF NUECES of Tract No. 2 of the area
WHEREAS, by Ordinance herebyboands ded signated "O -
No. 15042, passed and ap- tion Area" as shown "Op
proved "by the Clty Council Exhibit A and more particu-
on August 9, 1979, the City larly described as follows•
approved, to certain condi- Being an approximate)
tions, an assignment of 111 -acre tract measuring
leave to Charles N. Rayburn 307.5 feet by 157.5 feet more
and enedy County, Texas; or less abutting 307.5 feet
WHEREAS, the parties more or less on the south
hereto desire to modify the boundary of Tract No. 2,
eat option concerning this
provisions of the said agree-
ments governing their area shall be on the follow-
rnht , int rlst,h prlvll ed ForInfms ar period of nand inety itions• (90)
days ester the effective date
premises occupied by As-
signors; m, s new lease agree -
NOW, THEREFORE, the ment, Charles N. Rayburn
following assignment and devel have the option to
dev
modification of lease agree- op and leasenArea for
the above
described
ment Is hereby entered Into the riOption
by and between the parties the remainder
ainder of) the lease
hereto: term. This option may be
PART I exercised by giving written
1. The provisions Of this notice to the City In the
i -
Part I shall become ffec• me IX( 1.pWithin
rt Arve
live upon execution f this (45)5 I days- after
g fortysuch
modification agreement by nuts days aeN.vRg such
ayburn
all of the parties hereto. shall submitCharlesa aNlopment
2. The above-mentioned plana) nceridevelopment
Omenn
assignments and lease concerning the Option
agreement affecting the Area he City's Airportvall..
leased premises occupied Managgerrforrapproval.
by Charles N. Rayburn ter receipt of the ninety (90) days as
shall terminate and the pro- ter rCity''s
visions of Part 11 (below) approval, Charles N. Ray -
shall become effective and burn shall commence
constitute a new lease construction of Improve•
agreement of the premises ments In accordance with
described therein, If, within the approved development
fifteen (15) calendar months plan. This construction shall
after the execution f this be coliipleted within high•
modification agreement b� teen (18) calendar months
the Clty of Corpus Christi, after the commencement
date Rental payments on
Charles N. Rayburn nom-
plies with the provisions of the Option shallcorn-
piles
Article VIII, Section 2 (c) of areata Thhee Unimproved
the City Charter by com• area hatteo upon giving the
plating construction of the City the exercise e payments option
development plan for the notice. Rental ton
m'
"remainder" premises, a the Option Area shall the Inn
copy of which is attached provedparea rate begin
Op -
hereto as Exhibit A, which upon Area development n of the Opt
development plan buildings Hon Area .Failure
of
ere reasonably expected by improvements.
eRayburnl to corn.
the City to have a useful life plete the development plan
greater than thirty (30) improvements within the
years and a value which in prescribed time and/or in
thirty (30) years will be accordance with the devel-
commensurate with the vol- opmenf plan shall, at the
ue of the new lease over -its election of the Cify, render
thirty (30) year term. Rent- Charles N. Rayburn liable
al payments on the for the
dditional • 1. ,,tea payment of rentals
for these new buildings at the Improved area rate,
ti shall begin immediately up-
or terminate the lease with
A on completion of such respect of the Option Area. r
II
J( buildings. If Charles N. PRIVILEGIES, CLE RIGHTS, •
1,5 Rayburn does not comply USES AND INTERESTS e
'I with these requirements, A. USE OF LEASED b
f Part 11 shall not become PREMISES. Charles N.
'1 effective, and the presently Rayburn shall use themt
, effective assignments and leased premises for co-
1lease agreement as mods- mercial hangar and fixed 5
.I fled by Part I, will expire base aviation operations
„ lateraccordingthan
to their terms, no herein defined and for no d
later tJuly 13, 1990, other use without the specif• 1
} 3. Article VI (Rent) Ic written permission of the 1
contained in Part 11 (below) City.
hops. { shall become effective upon (1) Housing aircraft In C
f execution of this altmodifica- hangars and related shop s
parties hereto.
erettoRg.Tbi all of the and office Use;
(2) Engaging in any actio- a
HANGAR AND FIXED ity related to the business of
BASE OPERATOR'S repairing, leasing, punches -
I
LEASE Ing, or otherwise acquiring, r
This lease Is entered Into selling, exchanging, dis- t
on the day and year below pensingg, financing, Insuring,
'stated between the City of or dealing in.or distributing
Corpus Christi, a home rule aircraft of every class and
city, Situated In Nueces description, Including en•
I i
County, Texas, hereinafter l nru, motors, aircraft
called City, and Charles N. instruments, supplies and a
Rayburn of Kenedy County, accessories; m
Texas, upon these terms, t3) fuelsSerand of aircraft p
performable In Nueces with and Lubricants; b
County, Texas. (4) Operation of aerial s
ARTICLE I fast and sighseeing services a
DESCRIPTION OF and aerial advertising, seri- r
LEASED SPAfF aJ -survey, eerie' P
cations, caps, sunylesses, wholesa an in
computers, radios, and 0th- numerator of which shall b
'er aviation related items the arithmetical average of
normally sold and dispensed said indices (A) and (B) fo
by commercial fixed base the last available twely
hangar operators. (12) monthly indices imme
6. To rent lease and char- dlately preceding ih
ter aircraft and to engage In request for adlustment.
the business of teaching Should either of said Inds
and/or otherwise instruct- nes change substantially a
•ing flying and aircraft to form and basis of data o
mechanics. manner of publication, th
7. ,TO place and erect above adlustment provisio
signs and advertising mate- may be amended In writing
riot within the hangars, On the b
CORPUS"CHRISTI''C1E ;)
1.i:10e:L�fT"F�icts ° T•Y10""Capel f�ot(Ees'�i
ger ba ge, rubbish, tun k, which has been or may 0.
e worn-out parts and other required as a condition u
a
r theesame or aand llow the sot to ame funds t the expenditure
developmen
e to accumulate, except tem- of the airport. Should thl
• e collectionigforgremoval,wion with the (United States be to
any part of the leased prem- take any of the premise.
s located r within other
then airport .the er controls l ofe Clty or ut Iron
tl
r site; provided, however, substantially destroy the
0 that Clty may provide gar- commercial value of the
n bage service for a leased premises, then CIt1
reasonable fee consistent must provide adequate
with charges made to corn- .premises to Charles N. Ray
mercial establishments of a burn or this agreemem
similar nature. shall terminate.
To make adequate provl- G. TERMINATION.
sion for and to dispose of 1 This lease shall fermi
waste oils and lubricants off nate at the end of the tern -
the airport property and set forth In Article V herein
any sr uch owaste llow oilsaand Rayburn shall aCharles fur
lubricants Into the airport (her right or interest In any
wastewater system. of the leased premises or
C. To supply good, prompt rights, uses or other inter -
and efficient service ade- este contained in this
quate to meet all the agreement, and Charles N.
demands for such service at Rayburn will vacate and
the airport on a falr, equal remove all equipment
and nondiscriminatory basis placed there .on by Charles
to all Users thereof, and to N. Rayburn prior to the
charge a fair, reasonable execution of this lease, un -
and nondiscriminatory price less Charles N. Rayburn
for each Unit of sale or and the City renegotiate
service; provided that said lease and enter into a
Charles N. Rayburn or his mutually satisfactory lease
tenants and sublessees will extending the term hereof.
be allowed to make reason- Charles N. Rayburn shall
able and nondiscriminatory have one hundred twenty
discounts, rebates or other (120) days (thin which to
similar type of price reduc- remove Charles N. Ray -
tions to volume purchasers, burn's equipment and
nothing herein contained is personal property, and in
intended to nor shall be the event Charles N. Ray -
construed as vesting In City burn fails to do so, the same
the power or authority to shall work as an abandon -
regulate Charles N. Ray- ment and title shall pass to
burn's charges for s}utlent City, or City may remove
training, aircraft rental, said equipment and person-
aircreft storage and ale- al property and Charles N
craft charter service and Rayburn Ill reimburse
services specifically related City for its expenses.
to such service, 2. At the terrhlnation of
ARTICLE IX this lease all improvements
placed on the lease by
Offices and shops on the 1%0, the United States Bu -
leased premises at Charles reau of Labor Statistics
N. Rayburn's discretion; index for hourly wage rates
and to place and erect signs for all manufacturing em-
end other advertising matey ployees wad 52.26 per hour
Hal on the outside of and the commodity whole -
Charles N. Rayburn's build- sale sale price index was
Ings, shops and offices, 100.8. Such formula must
provided that the size and result ip a change of at
shape of such signs shall least Vit per unit or no
conform to the general ap• adlustment shall be made,
pearance of the airport and all adlustmenfs shall be
premises, and be subject to made to the nearest i/.a.
the approval of the Airport City retains the right to
Manager, and to place and adjust the rates for fuel
erect signs and advertising flowage fees set forth here•
material at other locations in, such rates to be
on the airport, provided that published by ordinate duly
written premisslon Is ob- adopted by the City Council.
talned from the Airport City will put the same
Manager prior to the Instal- clause in any renewal,
lation of any sign or amendment, or extension of
advertising material at any any other existing fixed
location outside of or off the base operatorleaseas well
leased premises, and sub- as any other new fixed base
lett to (Inc order of the operator lease as well as
Airport Manager no require any other new fixed based
the removal of such instal- operator lease,
latlons or any of them at Effective a5 of the date Of
any time. the execution of this. agree -
D. ACTIVITIES AND Ment, the rents based on the
USES EXPRESSLY foregoing formula are as
PRHOBITED. Thefollowing follows: The Improved Ar -
activities and uses are ex- ea, seven and one-fourth (7
lease
excluded form this Vett cents per square foot
ease and Charles N. Ray- per year: Unimproved area,
burn Is prohibited from enY. two and one -hall (2 We:)
such use or activity except cents per square foot per
as noted: year, Flowage fee, Six (6c)
1. Ground Transportation- cents per gallon- Ground
for hire. Charles N. rentals as set out here and
Rayburn may provide above shall be comptued on
ground transportation for a monthly, basis and shall
his employees and aviation become due and payable on
customers as a service ex- the first day of each calen-
cept that said service may dar month throughout the
not be offered to the general term of this lease. On the
Public on a commeclal be- first day of the ext calen-
sis. dar month after the rentals
2, Western Union. Charles begin under this lease
N. Rayburn may use the Charles N. Rayburn shall
wires, lines and services of prepare a report In writing
Western Union for his own on a form approved by City
purposes in connection with showing the total number of
the establishment of a com- ba lions of gasoline fuels
munications system and and/or other propellant pur-
weather system or for any chased by Charles N.
other purpose so long as Rayburn and the total gross
Charles N. Rayburn does receipts bn the above en -
not engage commercially in cloned apron during the
the taking or sending of preceding calendar month
telegrams, money Or- and shall submit said report
ders,etc, to City along with the rental
3. Automobile Rental Ser• to be paid thereunder prior
vice, to the tenth day of said
calendar month. Charles N.
Rayburn shall submit a like
report and payment there-
for for each succeeding
month , during the term of
Mt lease. Charles N. Ray-
burn
ay
burn will keep full and
accurate records of all
transactions, purchases,
sales, and income, both
from cash sales and credit
sales, that In any way con-
cern 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 re-
ports upon this lease and
Charles N. Rayburn will
submit said reports and
payments to the Airport
Manager, City may desig-
nate others as agents to
Inspect Charles N. Ray -
burn's books and records,
such Inspections to be per-
formed at reasonable times
during working hours.
a. In addition to all other
remedies which City may
pecifiatlons to the City for have to enforce the oblige-
pproval and review with tions of Charles N.
aspect to the general ap• Rayburn, City shall have a
earance, safety, type of (len on all property of
onstruction proposed and Charles N Rnvhurn placed
4. News and sundry sales
except for those aviation
elated items es mentioned
herelnaove.
5. Advertising concessions
xcept for those that may
e conducted with Charles
N. Rayburn's hangars, of -
Ices and shops.
6. Barber, valet and per-
onal services.
7. The sale of food and/or
rink except from dlspens-
ng machines located within
he hangars, offices and/or
However, no cafe or
afeteria type of service
hall be operated.
8. The sale of flight
rid/or trip insbrance.
9. Commercially engaging
n the business of making
eservaflons for hotels, mo -
els and other lodging, -
ARTICLE III
CONSTRUCTION OF
HANGARS AND
IMPROVEMENTS
Prior to construction of
ny hangar or improve-
ents on the leased
remises, Charles N. Ray.
urn will submit plans and
GENERAL
PROVISIONS Charles N. Rayburn includ-
A. INDEMNIFICATION. Ing existing hangars and
Charles N. Rayburn is and development plan buildings,
shall be deemed to be an and option area buildings
Independent contractor and shall revert to City in accor-
operator responsible to all dance with the City Charter,
parties for his respective Article VIII, Section 2, as
acts or omissions and those amended,
of his agents, servants, em- ' H. CANCELLATION. De.
ployees, Invitees, tenants fault in payment of any of
and sublessees, and Clty the rentals shall give City
shall assume to responsibill- the right to terminate this
ty therefor. In the use of the lease at any time after thir-
airport and In the mainte- ty (30) days notice in
nance, erection or writing has been given to
construction of any im• Charles N. Rayburn, unless
the exercise and enjoyment Rayburn said
fully complied
of the rights herein granted, with the rental provisions,
Charles N. Rayburn will In. Default in any of the other,
demnify and save harmless covenants on the part rt,
City from any and all losses Charles N. Rayburn shl
or claims, Judgments, de- likewise give City the rip
mends as well as costs of to terminate this lease
defense arising out of or In any time after thirty ('
connection with privileges days notice n writing I
granted under this lease, for been given Charles N. RI
damages that may result to burn, unless within sl
City or third parties from time Charles N. Rayb
any negligence on the part has fully corrected the -6
of Charles N. Rayburn, dition creating the dela)
Charles N. Rayburn's Clty will specify in si
agents, servants, employ- default notice the lease
hes, construction vision under which
contractors and invitees, claims that Charles NI
and that of his tenants, sub- burn Is In default, and
lessees, and affiliates acts or omissions gip
Charles N. Rayburn will rise to the claimed dotal
carry comprehensive gener- ARTICLE X
al (lability insurance in the AIR OPERTIONSm
for bodily bodilym g inlury0 and Charles N. Rayburn I
5500,000 for property dam- provide for the securit I
age, plus an aircraft the air operations are n
liability policy covering all prevent ground entrl
owned and operated aircraft movement of unauthof r
In the amount of 52,000,000 persons in accordance,
combined single limit. All Secton 9-32 of the City I
Insurance shall be carried Of Corpus Christi, Te C
In a responsible company and any regulations, a
and shall name the City of posed upon City by
Corpus Christi as an addl. Federal Aviation Adrt 0
tlonal named insured. Such, tration. Charles N. Ray v
policy shall, in addition, be shall, indemnify and" C
endorsed to provide for harmless City, its off E
cross- liability between the and employees, from
assureds. S'•^" -- - - -
Or pen,
be in a form satisfactory to that gmayf be fines,
levied by (1
City. All such policies shall agency of the United 5 C
provide for a minimum of or the State of Texe—u
ten (10) days notice to City reason of Charles N.
in the event of cenrellafinn .r ...., a- __
.LLER, Mon., Aug. 15,1983
201 Funerals 1201 Funerals 1201 Funerals
Rudy Sanchez, offici-
ating. Burial will follow
at Rose Hill Memorial
Park.
Angelus Funeral Home
in charge of arrange-
ments.
r her accomplishments
I the PTA Founders Day
anquet and was named
lub Woman of the Year
1 the 1960'5. She served
s an Election Judge of
se city's westside in re-
ent years.
She is survived by her
usband of 42 years, Has -
ell M. Cook; two sons,
i. Lynn Cook of Victoira,
.arry Boone Cook of
2ichardson; one daugh-
er, Vicki Ferguson of
lan Antonio; her par-
mts, Mr. and Mrs. V.V.
Sonne of Wimberly and
me sister, Edna Good-
nan of Wimberly; seven
trandchildren.
Funeral services will
oe conducted at 10 a.m.
Tuesday at the Sanc-
tuary of the First United
Methodist Church with
Rev. Dan Soloman, Pas-
tor officiating. Burial
will be at 4:30 p.m. Tues-
day at the San Marcos
Cemetery in San Marcos,
Texas.
In lieu of usual re-
membrances donations
may be sent to the Ivey
Boone Cook Scholarship
Fund at the First United
Methodist Church.
Cage -Mills Downtown
Chapel.
GARCIA
FREMONT - Oswaldo
,H. Garcia, 80, passed
away August 14, 1983 at
his residence in Pre-
mont.
He was a member of
Saint Theresa Catholic
Church, a member of The
Woodmen of the World
and the Motualista.
Survivors include his
wife, Maria C. Garcia of
Premont; two sons, 05-
waldo .1. Garcia, Jr. of
Premont, Gilberto C.
Garcia of Corpus Christi;
one daughter, Zoila G.
Guerra of Premont; one
brother, Hildardo H.
Garcia of Palito Blanco;
one sister, Belie Garcia
De Canales of Mon-
terrey, N.L. Mexico;
eight grandchildren; two
reat-grandchildren.
Rosary will be recited
t 8:30 p.m. Monday at
aint Theresa Catholic
hurch. Funeral Mass
ill be celebrated at 10
.m. Tuesday at Saint
heresa Catholic
hurch. Burial will 801-
w in Premont Ceme-
ry.
Howard -Williams Fu-
eral Home.
UKER
1 ROCKPORT - Marga -
'et Alllne Luker, 91,
Massed away August 12,
983 in Falfurrias, Texas.
She was a native of
olthwaite and had been
resident of Houston for
lore than 60 years. She
as a member of the
hristian Church, The
astern Star, and The
otary Club Ladies. She
as active in the Red
'ins Chapter during
WI and WWII. She was
one daughter, Louise
Stockton of Kingville;
two sisters, Lola Crow
and Frances MCKown,
both of Topeka, Kansas;
five brothers, Ray
Schiesser of Eskridge,
Kansas, Glenn Schiesser
of Topeka, Kansas, Mar-
vin Schiesser of Visalia,
California, Ivan Schies-
ser of Eskridge, Kansas,
Dean Schiesser of To-
peka, Kansas; four
grandchildren.
Funeral services will
be conducted at 2 p.m.
Tuesday at Turcotte
Mortuary Chapel with
Rev. Bill Trude, offici-
ating. Burial will follow
in Chamberlain Ceme-
tery.
Turcotte Mortuary In
Kingsville.
TAYLOR
Mrs. Heather Taylor,
53, of Belmont, England,
died Thursday in a local
hospital after injuries
sustained in an automo-
bile accident.
She was born on De-
cember 21, 1929, in Sha-
ron, Pennsylvania. She
was a graduate of the
University of Pittsburg,
a Registered Nurse with
the United States Navy
during the Korean Con-
flict, and was a Lieuten-
ant in the United States
Naval Reserve. She
moved to Belmont, Eng-
land, in 1969 from Ma-
drid, Spain. She was a
Fellow of the Royal Hor-
ticulture Society and was
an avid gardener.
Survivors include her
husband, Lute Taylor of
Belmont, England; three
sons, James Howard
Taylor, Milan Andrew
Taylor, and William
Emil Taylor; one daugh-
ter, Linda Kathryn Tay-
lor, all Of Belmont, Eng-
land; her parents, Mr.
and Mrs. H. M. Donegan
of Sarasota, Florida; and
one brother, H. Milan
Donegan of Atlanta,
Georgia.
Memorial services will
be conducted at 4 p.m.
Monday in the Clifford
Jackson Funeral Home
Chapel on Kostoryz Road
with Rev. Arnott A. Ward
officiating.
The Family requests
Memorials be given to
the charity of your
choice.
Clifford Jackson Fu-
neral Home on Kostoryz
Road.
TERRAZAS
Pedro Z. Terrazas, 68,
of 9057 Scapular, passed
away Sunday morning in
a local hospital after a
short illness.
He was reared in San
Angelo, Texas and was a
veteran of WWII and a
member of Our Lady of
Mount Carmel Catholic
Church. He retired from
Gulf Coast Compress in
1979.
He is survived by his
wife, Mrs. Carlota H.
1220 Florist
CLAUDIA'S FLOWERS 35
Sf f 883-4441. 1FTD Blu-
cher
WITH CLASSIFIED you'll
save money and get quick
response. Call 383.94011
Slight drop
1
By The Asseciateo Press
NEW YORK — The prime rate will be slightly
lower by the end of the year but interest rates will
not drop significantly until the federal deflclt is
brought under control, the chairman of Chemical
Bank predicted Sunday.
"I just feel that from a point now, we'll say of the
prime rate at 11 percent, I think it will be a lesser
amount by the year's end," Donald Platten said on
CBS -TV's "Face the Nation.".
The prime rate is the interest banks charge their
largest, most credit -worthy corporate customers.
"The 10.5 percent we've had as the prime rate is
ri]
at ve
lid sat
On
think
long -t
How
thing
seems
the ad
are the
three.
If tht
'cause
Special. effective wept whore Indicated, et
Kroger Mon., Aug. 15 thou Wed., Aug. 17,
1989. Night to limit reserved. None add to
dealers. (Copyright) The Kroger Co. 1983.
3500 Leopard
PORT & AYERS
STAPLES & S.P.I.D.
5 POINTS-CALALLEN
ADVi h1S ITEM !MKT loth of aeon cher.
tlwd Roush required folio readily RvsiIublg
for solo In «d1 Kronor atoso, map, e
1pedNpeih notd M this d. N vs de run out
den edrwrtaod Item. we will effsr you your
thole of • otepereblo Nem, when erelldle,
r.pKtlnl rhe came sowings ere rein chock
width will e1Mltlo you to wades, the wirer -
gaud Iters et the within >t
hy5. Only one wonder coupon rdN Mas.
tepid per Ifom.
411. SSSSLT YOUNG RSM
CHOCK,
. STRAWS
mum nue
CANN10
HAMS
J
�5
79
Lill. CAN
Double
Coupons
8 TO S IL8AVG.
PORK
IPARIRIef
$118
NOUN FARMS GR. A
SPLIT
TOM
.Ro,
U 69 c
MNML INC...FEATURE OF THE WEEK
REGULAR OR'LIGHT
SCHUTZ
P6
AK se 1,
KROGER MEAT (REEF
Wieners ".x.890
SERVE 01 SAVE ASST. VARIETIES
Lunchmeats . 41: °1"
UNIVERSAL SOT
Patties :O99
OLD VILLAGE REGULAR OR REM SMOKED
reases unto Charies
N. Rayburn an areas desig•
noted for commercial
hangar ans1 fixed -base oper-
ations loca.ed generally on
the northeast side of the
terminal building as shown
on the attached drawing
marked Exhibit "B" which
is made a part hereof as If
copied verbatim herein and
specifically described as fel-
:lows:
l Tract No. 1
i Being a 0.918 -acre tract of
'Hand out of Block 22, J.C.
E;Russell Farm Block as
1 shown by map of record in
y: Volume 3, page 53, map
zr record, Nueces County, Tex -
11 as, and. out of the Corpus
Christi International Airport
Tract, and being more par-
ticularly described by
metes and bounds as fol-
lows:
Beginning at the original
5 Northwest corner of said
Block 22, said point being
within the existing
right-of-way of State High-
way No. 44; Thence S. 1' 42'
E., ,w
Ithewest Iter of
said Block
ck 22, the ad
of the west Entrance
rce Roaoaa
dl the ofAirport Terminal, a
point; T e ce3N. 8' 1 to .,
a distance of 870.00 feet to a
it" Iron rod for the nowthw•
est and beginning corner of
the tract herein described;
I Thence continuing N. 00' 19'
E.,to a 3b" a distrodance of the 200.0 feet
for north•
east corner of the tract
herein described;
Thence 5. P 42' E., a cis•
tante of 200.0 feet to a %"
Iron rod for the southeast
corner of the tract herein
described;
\'hence S. 88' 19' W., a
distance of 200.0 feet to a
kii Iron rod for the South-
st corner of the tract
' eln described.
encs N. 1' 42' W. a dis-
nce of 200.0 feet to the
nt of beginning.
s
gntaining 0.918 acre of
ad more or less.
ract No. 2
ging a 2.570 -acre tract of
pd out of Block 22, J.C.
ssell Farm Block as
own by map of record in
plume 3, page 53, map
ecords, Nueces County,
axes and out of the Corpus
!ii
International Airport
(tract and being more par•
f cularly described by
etas. end bounds as lot•
degi
spinning at the original
orthwest corner of said
lock 22, said point being
Rhin the existing
ght-of•way of State High -
ay No. 44; Thence S. 1' 42'
with the west line of
4Id Block 22, the centerline
the West Entrance Road
the Airport Terminal, a
stance of 1833.70 feet to a
int, thence N. 00' 1e' E., a
codon of 310.0 feet to a
Iron rod for the north -
est and beginning corner
0 the tract herein de-
ribed;
,hence issance o N. 00' 1e'
1, a distance of 560.0 feet
a it" Iron rod for the
rtheast corner of the tract
rein described;
fence 5. 1' 42' E., a 4(5-
x6 of 200.0 feel to a 1/2"
I rod for the Southeast
rner of the tract herein
crlbed;
pnmog arra anp mapping, —
(5) Operation of schools of
flying, navigation, aviation
mechanics, aerial survey,
aerial photography, aerial
designing, aerial construc-
tion;
(6) Aeronautical and al-
lied research;
(7) Operation of the bust-
ness of nonscheduled
transportation of passen-
gers; and
(8) Undertaking of any
phase of aviation activity
for profit related to or con-
tributing In any way'fo
alrcratt sales, servicing and
distribution or aerial navi-
gation.
B. RIGHT TO USE AIR
FIELD. Charles N. Ray-
burn shall have the right to
use the public areas and
public airport facilities In-
cluding the runways,
taxiways, aprons, ramps
and navigational aids and
facilities In common with
others so authorized, sub-
lect to and In accordance
with the laws of the United
States of America and the
State of Texas, and the
rules and regulations pro-
mulgated by their authority
with reference to aviation
and air navigation, and In
accordance with all reason-
able and applicable rules,
regulations, ordinances end
Charlet of the City.
C. RIGHTS ENUMERAT-
ED. Charles N. Rayburn
shall have the following
rlohts:
Ilte and value.
ARTICLE IV -
ACCEPTANCE OF -
• PREMISES
Charles N. Rayburn ac-
knowledges that the
premises have been inspect-
ed and accepts the leased
premises in Its present
physical condition and will
pay the total cost of devel-
oping'said property.
ARTICLE V '
TERM
This lease shall be for a
'term, of thirty (30) years,
Provided ~Charles; N. Ray-
burn ,has. not defaulted in
any of the terms, condl-
tlons, and provisions hereof.
This term shall commence
upon completion of con-
struction of the
development plan buildings
and all requisite conditions
for compliance with Article
VIII, Section 2(c) of the
City Charter.
ARTICLE VI
RENT
Charles N. Rayburn will
pay City a base rental fixed
as of July 1960 and supple-
mented as follows:
1. Three cents (34) per
square foot per year for the
area covered by hangars,
shops, offices and/or other
inmprovements.
2. One cent (10) per
square foot per year for the
area within the leased
remises between the build-
ing setback lines where
buildings could legally be
., To sell aircraft fuels, constructed.
lubricants and propellants 3. Th Irty-three and
on the leased premises, on one-third (33-V6%) percent
any other public apron, and of the grads Income from
within any private hangar parking and/or tledown fa -
area. City reserves the right cililles located on any ramp
to lease or rent the apron that may be constructed in
immediately adjacent to the the ramp area, shown on
control tower annex build- Exhibit' C".
ing, known as the translent 4. Two (201 cents per gal -
apron, as shown on themes• ion for each gallon of
ter plan of the Corpus gasoline and/or other pro -
Christi International Air- Pel lants and fuels
port, to an operator or Purchased by Charles 14.
operators as a separate Rayburn, except as to gaso-
business for the dispensing line sold to commercial
of fuels, lubricants and pro. airline aircraft holding val-
pellants and/or for the )d operating contracts on
operation of tiedown faci11' the airport. Charles N. Ray-
ties
ayties on said apron. In the burn will not be required to
event that the transient pay for loss of such fuels
apron Is operated ase sopa- due to theft or leakage,
rate business, then Charles upon furnishing the City
N. Rayburn shall not have with sufficient proof of such
the right 50 the use of the loss.
tledowns on said apron or to 5. Charles N. Rayburn
sell and dispense fuels, lu- will not be charged for stor-
bricants or propellants on age tanks within leased
said apron, premises, except ground
2. To store aircraft fuels, rental, and will submit stor-
lubricants, and propellants age tank plans to the City
on the leased premises. for approval prior to instal -
3. To maintain and oper- lotion. Fuel storage sites on
ate mobile equipment when Property outside the leased
reasonable and necessary to premises will require a sep•
fill and dispense aircraft arate lease.
fuels, lubricants and propel- 6. At the end of each
lents on the leased premises three-year period atter the
and within the area de- execution of this lease, el -
scribed above, with right of Cher Clty or Charles N.
access to the commercial Rayburn may request an
ramp and connecting taxi- adlustment in the ground
ways. rental rates, and the flow -
4. To maintain, store and age fees as above set out,
service aircraft which shall which adlustment shall be
Include hangar storage of computed by multiplying -
aircraft, malor and minor such rate and fee by 0,
overhauling and repairing, fraction, the denominator of
of aircraft repairing, in- which shall be the arithmet-
spection end licensing of Ice) average as of July, 1960
same, and purchase and of the indices (A) of the
sale of parts, equipment UniUnited SttaslBu esu of for
La -
and aircraft accessories. bhourlywage sacs of all
Shin.To hepuleasedchase and icessell, workers in manufacturing
aeronautical
utic leased premises- and (B) of ail Commodity
aeronautical charts, cubit• Y
on said premises for an
moneys, rents, shares of
gross receipts and other ob-
ligations of Charles N.
Rayburn,
9. By the terms "Tran-
sient Apron" Is meant that
apron east of the control
tower building approximate-
ly two hundred eighty (280)
feet in width extending from
taxiway "N" southward to a
line which Is the eastern
extension of the south line
of fhe commercial apron
running south of the termi-
nal building and control
tower building, said Iran -
stent apron having a length
north and south of approxi•
mately seven hundred fifty
(750) feet.
The term "public apron"
shall Include, in addition to
the transient apron above
described, the following ar
ea:
All of that area shown on
Exhibit C as commercial
apron" and being an area
approximately 300 feet In
,width extending north and
south and extending east
and west a distance of ap-
proximately 1,050 feet, all of
which area Iles as shown on
Exhibit C south of the air-
port terminal building and
airport control tower bulld-
Into. City reserves the right
to change the base date of
July 1960 referred to above
In the event that the Clty
makes the same change to
any other existing or new
fixed base operator leases.
ARTICLE VII
UNDERTAKING
OF CITY
City convenants as fol-
lows:
A. To operate Corpus
Christ) International Airport
as a public airport during
the term of this lease sub-
ject to and consistent with
and pursuant to the assur-
ances given by the City to
the United States Govern-
ment under- the Federal
Airport Act, and to Charles
N. Rayburn by this lease.
B. To make water, gas
and wastewater service
available upon the same ba•
sis as applies to residents
within the City of Corpus
Christi. Charles N. Rayburn
shall pay all charges for
water, gas, wastewater,
electricity and other public
utilities supplied to Charles
N. Rayburn and/or Charles
N. Rayburn's premises dur-
ing the term of this lease as
such charges become due
and payble.
ARTICLE VIII
UNDERTAKINGS
OF CHARLES N.
RAYBURN
Charles N. Rayburn fur•
they convenants as follows:
A. At hls own expense, to
Improve the leased prem-
ises by .the construction of
hangars, offices, shops
and/or other Improvements,
as hereinabove mentioned,
and to maintain sold Im-
provemends and leased
Premises in a presentable
condition consistent with
good business practice and
equal in appearance and
character to other similar
Improvements on the air-
port.
B. To remove from the
leased premises all waste,
or malerldr Change In the
terms thereof. The City re-
tains the right to adjust the
Insurance requirements at
the end of each three-year
period after the execution of
this lease.
B. NOTICES. Notices to
City shall be deemed suffi-
cient 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
40 time. Notice to Charles
N. Rayburn shall be
deemed sufficient if in writ-
ing and mailed, postage
prepaid, addressed to
Charles N. Rayburn at P.P.
Box 419, Kenedy, Texas
78119.
C. TAXES. Charles N.
Rayburn will pay any and
all reel and personal prop-
erty taxes levied from time
to time upon the improve-
ments placed upon the
leased premises.
D. All of the terms, con-
venants and agreements
herein contained shall be
binding upon and shall mare
to the benefit of the heirs,
successors and assigns of
Charles N. Rayburn and
City.
E. DESTRUCTION. In
event that Charles N. Ray -
burn's Improvements or the
airport Is damaged or de-
stroyed by acts of God or
through enemy attack or for
any other reason outside the
control of Charles N. Ray-
burn and City to such an
extent that the airport can-
not be operated as an
airport, then this agreement
shall terminate.
In the even? that the
leased premises or Charles
N. Rayburn's Improvements
or the airport facilities rea•
sonable and necessary for
Charles N. Rayburn to con-
duct Charles N. Rayburn's
business are partially de-
stroyed or damaged due to
acts of God or other acts
outside the control of
Charles N. Rayburn and/or
City to such extent that the
leased premises may not
economically be used for
the uses and purposes for
which leased, then this
agreement and lease shall
be suspended during the pe-
riod 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
of destruction to the airport
and shall have an option to
either declare this lease ter -
minted or suspended or to
repair the airport facilities
or In case of damage or
destruction to Charles N.
Rayburn's Improvements,
to either declare the lease
terminated, suspended or to
require Charles N. Rayburn
to repair his Improvements,
and fix the time within
which such repairs be
made.
F. SUBORDINATION.
This lease shall be subordi-
nate to the provisions of any
existing or future agree-
ment between Clty and the
United States relative to the
operation or maintenance of
the airport, the execution of
with this requirement.
Physical barriers to pre-
vent access to the air
operations area must be in
effect during construction
upon the leased premises.
This covenant is In addition
to any of the above indemnl•
f [cation provisions.
ARTICLE XI
• TRANSFER OF
LEASE)
The written authority of
the City shall be obtained
by Charles N. Rayburn pri-
or to any sale,
reassignment, transfer or
subasslgnment of this lease
Should Charles N. Rayburn
borrow money or otherwise
finance the Improvements
to be constructed hereun-
der, and should 1t become
necessary for any lender,
financing agency or guaran-
tor to foreclose and take
over this lease because of
Charles N. Rayburn's fail-
ure to pay, said lender, •
financing agency or guaran•',I
for may operate the lease
subject to all of its provi-
sions, provided alt
obligation of Charles N.
Rayburn are met and all
payments owing be paid.
ARTICLE XII
CIVIL RIGHTS
In exercising any of the
leased rights or privileges,
Charles N. Rayburn shall
not on the grounds of race,
sex, creed or national origin
discriminate br permit dis-
crimination against any
person or group of persons
In any manner prohibited
by Part 21 of the Regula-
tions of the Secretary of
Transportation. City hereby
expressly retains the right
to take such action as the
United States may direct to
enforce this nondiscrimina-
tion covenant.
ARTICLE XIII
PRIOR INTERESTS
Charles N. Rayburn rec-
ognizes and shall assume
the obligations relating to
all existing encumbrances
held by the Small Business
Administration upon the
leasehold and improve-
ments on the demised
premises.
Was passed and approved
by the City Council on Au-
gust 3, 1983.
Bill G. Read
'.0 • City Secretary
in April of 1980.
Survivors include two
granddaughters, Mich-
elle, Bettina Luker; a
nephew, Jim B. Luker,
Jr. of Kingsville; several
other nieces -and neph-
ews.
Visitations for friends
will be ffom 6 p.m. Sun-
day until service time.
Body will lie in state at
Earthman's Belaire
Chapel, Belaire, Texas.
Funeral services will be
conducted at 3 p.m Mon-
day at Memory Oaks Mo-
seleum Chapel, Katy
Freeway, Houston,
Texas.
Howard -Williams Fu-
neral Home in Faltur-
rias.
RODELA
Basilio G. Rodela, 72,
of 716 Francisca, died
Saturday night in a local
hospital after a short ill-
ness.
He was a life time resi-
dent of Corpus Christi
and retired from the Civil
Service at NAS.
Survivors include his
wife, Gregoria P. Rodela
Of Corpus Christi; two
sons, Basilio Rodela, Jr.,
Roberto Rodela, both of
Corpus Chtristi; six
daughters, Mrs Petra R.
Soliz of Corpus Christi,
Mrs. Felicita R. Garcia
of Dallas, Mrs, Maria R.
Garrett, Mrs. Antonia R.
Garcia, Mrs. Oralia R.
Ramirez, Mrs. Norma R.
Gomez, all of Houston,
Texas; one brother,
Jesus G. Rodela of Cor-
pus Christi; three sisters,
Dolores R. Gonzales,
Erhma R. Martinez, Mrs.
Alberta R. Cantu, all of
Corpus Christi; 36 grand-
children; 22 great-grand-
children.
Rosary will be recited
at 6 •.m Monday at An -
is
e
,111-1.1j rwu uauyn ers,
Mrs. Eva T. Flores of
Corpus Christi, Mrs Pet-
ra T. Rios of Orange, Cal-
ifornia; two step daugh-
ters, Mrs. Feta Gonzalez
of Corpus Christi, Mrs.
Oralia H. Rubio of De-
fiance, Ohio; one son,
Juan Samuel Terrazas of
Corpus Christi; two step
sons, Jose Vara of San
Antonio, Texas, Jesse
Flores of Corpus Christi;
two brothers, Vicente
Terrazas, Leon Ter-
razas, both of San An-
gelo, Texas; one sister,
Juanita T. Lesa of San
Angelo; two grand-
children; three great-
grandchildren; nephews
and nieces.
Rosary will be recited
at 7 p.m. Tuesday at Me-
morial Funeral Home
Chapel. Remains will lie
in state at Our Lady of
Mount Carmel Catholic
Church from 8 a.m. until
10 a.m. Wednesday. Fu-
neral Mass will be cele-
brated at 10 a.m.
Wednesday at Our Lady
of Mount Carmel Catho-
lic Church. Interment
will follow at Memory
Gardens.
Memorial Funeral
Home.
TOBER
Guadalupe M. Tober,
69, of 4025 Gloria, died
Sunday morning in a lo-
cal hospital after a short
illness.
She was a native of San
Antonio and had been a
resident of Corpus
Christi since 1944. She
was a member of Emma-
nuel Baptist Mission. She
was prec eded in death
by her husband, William
L. Tober on September 9,
1975.
Survivors include five
sons, Benito M., Willie M.
Jr.,.and Israel M. Tober,
all of Corpus Christi, Joe
M. Tober of San Antonio,
Frank M. Tober of Hous-
ton; two daughters, Mrs.
Cldelia Acuna and Lupita
Salinas, both of Corpus
Christi; two brothers,
Enrique Moreno, and An-
tonio Moreno, both of San
Antonio; two sisters,
Mrs. Aurora Jimenez,
and Minnie Lopez, both
of San Antonio; 23 grand-
children; seven great-
grandchildren.
Prayer services will be
conducted at 7:30 p.m.
Monday at Angelus Fu-
neral Home Chapel. Fu-
neral services will be
conducted at 11 'a.m.
Tuesday at Primera Ig-
lesia Bautista with Rev.
IL LIL.
CANS
12 PAK 12 OZ. CANS
Budweiser Light 5449
OALLO (RED ROSE, PINK CHABLIS, BURGUNDY)
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Premium Wines LIT.
DELI -REIFY
MATS. CMM & DOWN MOI AYAILLSIS AT UPWARD ST. STatl
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CHICKEN
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IDEA
ROLLON ANTII•PERSPIRANT
REGULAR OR UNSCENTED
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Smoked Sous..�'2
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612 OZ. CANS
$' 59 ,
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311
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1S OZ.$1
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38 HD
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KROGER TAMMY PAI(
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DRINK AID POWDERED
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MAKES 8 QTRS.
129
THOMPSON SEEDLESS /
WHITE
GRAPES
+•
STATE OF TEXAS, tss:
County of Nueces. J
PUBLISHER'S AFFIDAVIT #7631
CITY OF CC
Before me, the undersigned, a Notary Public, this day personally came
DEBRA JACKSON
ACCOUNTING CLERK
who being first duly sworn, according to law, says that he is the
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°the25 day of.... - JULY .___._._..._.19_83.., and once each DAY thereafter far...._...ONE-_
consecutive DAY
CORPUS CHRISTI CALLER -TIMES
ONE
Times.
43.56 DEBRA JACKSON
ACCOUNTING CLERK
Subscribed and sworn to before me this R.€ th.....day of JI J.L.Y 19..83.
G 7
Notary Pul3lic, Nueces County, Texas
EUGENIA S. CORTEZ
J'
NOTICE'OF'PAS
-SIOSORDINANCE—'
`ON FIRST READING'
AUTH{{ORIZING THE CITY
MANAG'lR To EXECUTE
A MOD! KATION OF
LEASE AGREEMENT
OWI FIRST BAN
FT CORPUSITY CHRISTI
CHARLES
NR RAYBURN;DCOVERING
COMMERCIAL HANGARS
ti AND FIXED BASEAVIA-
1 TION LEASE PLOTS AT
R THE CORPUS CHRISTI.IN.
TERNATING T AIRPORT -
MODIFYING THE. EXIST-
EASESIAGREEMENT,
GNMENTS AND
J AND PROVIDING FOR A
NEW THIRTY fy9) YEAR
LEASE UPON COMPLI-
ANCE WITH ARTICLE
VIII, SECTIONRAYBU RN,
CHARLES N
OWN MOD F ICATIONTN THE
OF
A
SUBSTANTIALECOPY OF
l WHICH 15 ATTACHED
!HERETO AND MADE_A
PART HEREOF, MARKED
jr EXHIB IT"ed '
Was pthe Con first read-
, eg C the GtY Council of
the Cita at eerpus day o,
Texas n tTe 29th a of ,
e
July, ordinance
The s a text le
e said ordinancn is available
eto the public In the Office of
1,r . the City Secretary.
l G
S•BdRead
- City Secretary
. Opus Christi, exas
4.'
STATE OF TEXAS, to,
County of Nueces. f
•
1128526
PUBLISHER'S AFFIDAVIT CITY OF CC
ry
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_._.SOEP.UB_.D.HB.Z.STI...CAL.LEBnT1.14ES.__._.—..
on the 1 day of AU.GTZS.T__.._...__.19...$i and once each
consecutive
DAY
OSIE.._.Nimes.
44.55
DEBRA JACKSON
ACCOUNTING CLERK
DAY
thereafter for....D.NI;__.._--.
Subscribed and sworn to before me this..._...1st day of AUGUST 19 83
EUGENIA S. CORTEZ
Notary Puiflic, Nueces County, T
I\
It-
407§REDITANCE ON
- -
G5'ER77;ATIRE. jCA?EjC-PNkcE%lnAE
'
CHARLESIN RAYBOURN,
Ti, TRUSTEE, AND
aritiF
c,FC.M6SJ,6TBY. I
COVERING COMMERCIAL
HANGARS AND FIXED
PLOTS A r ,T E
BASE AVL.TION LEASE
CORPUS
N AC HL R12 a P07;-' -
MODIFYING THE ><isT:
ING ASSIGNMENTS AND .
LEASE AGREEMENT,
AND PROVIDING FOR A '
NEW THIRTY (30) YEAR
LEASE UPON COMPLI-
ANCE WITH ARTICLE
VIII, SECTION 2 (c) By
CHARLES N RAYNBURN,
ALOLDIIISCZAINOlV 'TOF
LEASE AGREEMENT, A
lSNUH8I Sjhr'ITS I AkT VA' PA Li
HERETO AND MADE A
Nl4Telr1EDF, MARKED .
Was passed on seCrOnd
reading by the City Council
nf the City of Corpus Chris.jr71enelhdrg;Uly;13TTeeil,ezsaw
ordinance is available
to the public in the Offide of
the City Secretary —
.843111G Read
\ City Secretary