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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. -1- 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: -2- 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 -3- 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. -4- 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. -5- 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. -6- 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. -7- 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 -8- 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. -9- 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. -10- 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 -11- 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. -12- 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 -13- 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 JLS:lc r 6/dy I e ;M. V:1F. ................. asp. r:S1'41';11t • tan., ...el ioeN641411Ve 14:":* . 00 i Log 0.,0nunn 000 al00 .41:070/0 QOM; 0 • •••,1. • •• SEC770N 456 01 Aim Cat,oilop.1.410.0 Gm...rot sd..A/metro../ trzt se.or re. DRAIN Cr° yea,. 1, • 0.0 - 01, CCNTRACT/ON JOINT ./.0) —r, CONS7RUCTION JCVNT ....1..”•• • ..1n0as.... • 0row-0 elpwor,d0, shoYarra. ..ralmorre .”.......14,.........,0„..., , . \ ' "•• 0. . toot n ..........,....•,..., . 0 —... • . . . . . .. • - *.:..',.,..::'" :. : ,?....:... . '':E.,:::;':,:.. i .. ::,-.7-i- ;,,,,r -e 7,-.••:,. : . - • -; " -;;;(5-;•7-7::— -f—cf-",•, .,.• --- --- . :-...;- • .1,'• : . , • .et.,0,1 i ] --........-- -1 I i . . I, Neff...., •-0, .3med .0 .1., 7.-..7--0.;"7.;, .0 C'e 0, 0, .0 ,.• ce... ...nor' i THICZENED E.GE EXPANS/aV./VINT J• .* I ;. ' •• e .SECT/ON Or .4-.,HAL.T/C .vAVEA r AREA 0.arr 0.on0 e001(IIIV Cerr,care!rd .10.0 Cer,oner..0 2..i. ,...,..1 .—, . 0. •••,!.....,... c„.....,,,,..,..4 .,--..., D .2 , , < .5,-.....s...... .7.-,,,.... ! I ' • . ' 4,„,,,,,,,,,,4_.,4,,,.. ,., ,_ / , . ... . „..”..... c.o. Az....1.1. 7 ,,,,,,,.1., I .....er .... • , • ,..-..=....--..,. „I. . . . ... s-.....: __. , ...__. _.,..\.-,.it .......:3,..-__,._ .--....--'' — --- ---"''';'''-' rrff-- .4.!: /1 1. • ( .1.,.. • .:-.' 'r.": . .- .......”...:.• . _.....;,... ,,,,,, _— a.;;±_.2._1, ,o—LT,:i • '''r::,, ._.--. .P.1-ce- • 0L-- _,..., .-____ .,„....:..,,, . AFT1f7 NAism I T 00. Arelle.19 0•1 •400 4 0/1,H es -Coon OtIe -• C.-.7,•"1.4. RAM ENG II =RC I NI, r3. •.• C.EnEND 1,zrt - - 0 4a.r.• kl) • >Zi'rf '77:6 //NY A /0. ¢1 Meg ‘Ver,E. 1". /oo' or.9. ,see4A COSc" N 4.6 Aka co/:4' - is ieerse 1.4 • 1 Atsgo /8°,6. z‘o. o • ..5-60 • 2.57 gc-r-es L • • 7Y, gr fre-17Cc" .4 a' ?/47 8B° /41 76o.a • r-.y"le./ ear: F/ /177Ac /ects-e• "J. R. .4. aar. a/ 4 r I • CII ----1 1, I' — _ _ 7 -= — — — i ,. - Oi�, I alb, • cc; it PARK SITE ._/{1 It,/ .. i A ' 1' Lt� xr ORAIN` DITCH FUTURE PARKING { 1 1' b . 1 p , II I I .'' S I• I FUT'12E 1, • 1 `• U, sk \� 'l\ I4 ., Is i I 1 ,(n,`; I t a '. RAMP :AREA• �� { I \G.. AREA I•I .1 / I ► . Jc ~• . I i L/ ,f' .kik i N a -. , :' (: { ( �, Jh AIN u�, sjo �ri • y\. ft "'- 1� ! IS_ U.iM 0.1 A.: .� / .:>• : , ;i '' . i ....;/..•.. '�'PARKING I,..,}tL.i•✓\!I.__t.':.'.`?1 1\ i t/� AREA 1{ ., 1Tly▪ zi\V-; '/171 i ' c • , .: • i. '}. .1• l: 4 1-- t i 'TCVJ H h' I y • CuM Eitt:IA;-fO_ Al1 -:f ' 1 , I '3{ j I I— iA R.P I • • it 7.:,57°3006 LONG. 27° 46' I2G" fi \�� -/ ; \• . C . • r\ \F QUO.\' a: 6� :.K.,../.: • 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) 1.6 9309 Premium Wines LIT. DELI -REIFY MATS. CMM & DOWN MOI AYAILLSIS AT UPWARD ST. STatl Ran D0 YTS $399 ' 69 DOL MILDMTTRA► CHEDDAR $299 ffmmgm BM STYL CHICKEN $299 IDEA ROLLON ANTII•PERSPIRANT REGULAR OR UNSCENTED ,Eoz$179 ERS c-� JUNKY DEAN ,S7 VSawINLESSOa NATUI ALCASINO Smoked Sous..�'2 PEPSI (REGULAR, DIET OR LIGHT) OR MOUNTAIN DEW 41 6 PAK 32 OZ. BOTTLES PLUS DEPOS RIG K SODA 612 OZ. CANS $' 59 , IT SHEDD'S SPREAD COUNTRY atom 3 LL SIZE $159 KROGER HOT DOD OR AL(VSURSER BUNS 311 s. KROGER PORK a BEANS 1S OZ.$1 CANS QUAKER STATE �vJ QUAKER STATE MOTOR OIL 38 HD DEL MONIS TOMATO SAUCE 6oi CANS KROGER TAMMY PAI( MILD CRIDDAR 12.$' 99 OEUNK DRINK AID POWDERED DRINK MIX 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