HomeMy WebLinkAboutResolution - 4460 - Rampy Area Use Agreement - ABX Air Inc - 114,120 Sq Ft Ramp, LIA - 04/14/1994Resolution No. 4460
April 14, 1994
Item 449
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Ramp Area Use Agreement by and between
the City of Lubbock and ABX Air, Inc., attached hereto, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14t day o „ Apri�� , 19 94
AVID R. LANGSTON, MAYOR
ATTEST:
Betty M'Johnson,—Oy Secretary
APPROVED AS TO CONTENT:
Newsome, Interim Director of Aviation
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
HW:da/ccdocs/A ABxINC.res
December 20, 1993
Resolution No. 4460
April 14, 1994
Item #49
LUBBOCK INTERNATIONAL AIRPORT
RAMP AREA USE AGREFIMWNT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into at Lubbock, Texas, by and between the City of
Lubbock, Texas, hereinafter referred to as "CITY", and ABX Air, Inc., hereinafter referred to
as "AIRBORNE".
WITNESSETH:
WHEREAS, CITY owns and operates a public airport designated as Lubbock
International Airport and hereinafter called "Airport;" and
WHEREAS, AIRBORNE desires to have priority use of approximately 114,120 square
feet of ramp area at the Airport for the purpose of conducting air express operations; and
WHEREAS, the Airport Board of the City of Lubbock has approved and recommends
that AIRBORNE be granted priority use of such ramp area for a term hereinafter designated;
and
WHEREAS, the City Council of the City of Lubbock accepts the recommendation of
the Airport Board and finds that execution of this Agreement will properly serve the public
interest of the citizens of the City of Lubbock;
ARTICLE I
NOW THEREFORE, for and in consideration of the covenants and conditions herein
contained and other valuable consideration, CITY hereby authorizes AIRBORNE to exercise
the rights, powers and privileges hereinafter set forth and does hereby grant to AIRBORNE
priority use of 114,120 square feet of ramp area whose location is designated on Exhibit "A"
attached hereto and incorporated herein by reference as part of this Agreement.
1.01. NON-EXCLUSIVE. It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an exclusive right within the meaning
of Section 308(a) of the Civil Aeronautics Act.
1.02. PURPOSE. AIRBORNE's use of said ramp area shall be for the sole purpose of
conducting air cargo express operations, parking of aircraft owned and operated by
AIRBORNE, its subsidiaries, or others who AIRBORNE may from time to time contract with
for the conduct of air cargo express, and making incidental repairs to the aircraft that are
necessary to the conduct of AIRBORNE'S air cargo operations.
1.03. SIGNS. AIRBORNE shall have the right to place signs identifying its business
at locations on the Airport designated by the Director of Aviation of the City of Lubbock.
Said signs shall be of a type, size and design approved in writing by the Director of Aviation.
The installation of such signs must comply with all applicable City Codes and shall be without
cost to CITY.
ARTICLE II
2.01. The initial term of this Agreement shall be for a period of ten (10) years
commencing on the day of , 19 , and ending on the
day of , 20 . In addition to the initial term, AIRBORNE
shall have the option to renew this Agreement for two (2) additional five (5) year periods.
Notice of AIRBORNE' S intent to exercise a renewal option must be received in the office of
the Director of Aviation at least thirty (30) days prior to the end of the initial term if
AIRBORNE desires to renew this Agreement for the first five (5) year renewal period and at
least thirty (30) days prior to the end of the first renewal period if AIRBORNE desires to
renew this Agreement for the second five (5) year period.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 2
ARTICLE III
FEES
3.01. RAMP USE FEE. In consideration of the rights and privileges herein granted,
AIRBORNE shall pay to CITY an annual ramp use fee of TWENTY-SEVEN THOUSAND
THREE HUNDRED EIGHTY-EIGHT AND 80/100 DOLLARS ($27,388.80) per year for
priority use of the 114,120 square feet of ramp area whose location is designated on Exhibit A,
which fee shall be computed at the rate of $.24 per square foot per year and shall be payable in
equal monthly installments of TWO THOUSAND TWO HUNDRED EIGHTY-TWO AND
40/100 DOLLARS ($2,282.40) prior to the tenth (10th) day of each month this Agreement is
in effect. However, this Agreement shall not be considered in effect until AIRBORNE has
priority use of the ramp area.
The parties hereto mutually agree that while this Agreement is in effect the fee set forth
above shall be adjusted upward or downward for each ensuing year beginning January 1,
in direct proportion to the fluctuation in the U.S. Department of Labor, Bureau of Labor
Statistics Consumer Price Index (CPI). Any adjustment to the ramp use fee resulting frot
changes in the CPI shall be determined by calculating the increase or decrease in the CPI
the twelve (12) months immediately preceding the adjustment date.
3.02. LANDING FEES. In addition to the ramp use fee, AIRBORNE shall also
CITY landing fees upon execution of this Agreement at the rate of 125 % of the approved
landing fees paid by Certificated Passenger Air Transportation Companies operating under the
standard long-term agreement for Lubbock International Airport in effect for such air carriers
through the 30th day of September, 1999.
On October 1, 1999, the rate for landing fees shall be subject to renegotiation upon
written notice by either party to this Agreement at least ninety (90) days in advance of such
date. The party giving notice pursuant to this paragraph shall include with the notice a
reasonably detailed statement supporting any proposed adjustment in fees.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 3
As used herein, the phrase "approved maximum gross landing weight" shall mean the
maximum landing weight for an aircraft approved by the Federal Aviation Administration for
that aircraft.
Not later than the fifth day of each month, AIRBORNE shall file with the Director of
Aviation a report of AIRBORNE's actual landings at the Airport for the preceding month,
which report shall include the number and type of aircraft making such landings. Upon receipt
of such report, CITY shall transmit to AIRBORNE a statement of the landing fees incurred by
AIRBORNE for the preceding month. Payment shall be made by AIRBORNE to CITY on or
before the 25th day of the month in which such statement is transmitted. AIRBORNE shall
further provide CITY with a summary of the approved maximum gross landing weights for
each type of aircraft AIRBORNE operates at the Airport.
3.03. DEFAULT FOR FAILURE TO PAY FEES. If AIRBORNE fails to pay any
fees due hereunder within thirty (30) days after CITY transmits a statement therefore to
AIRBORNE, CITY may, at its option, upon fifteen (15) days written notice to AIRBORNE
(unless in such fifteen (15) day period AIRBORNE shall have corrected such failure to pay)
immediately or at any time thereafter, enter into and upon the ramp area or any part thereof in
the name of the whole, and repossess the same without being deemed guilty of trespass.
3.04. PAYMENTS. All payments that become due and payable by AIRBORNE shall
be made to the City of Lubbock at the office of the Director of Aviation, Lubbock
International Airport, Lubbock, Texas, or as specified by the City Secretary of CITY.
3.05. EXEMPTION FROM FUEL FLOWAGE FEES. Upon payment of the landing
fees described in Section 3.02 of this Agreement, AIRBORNE will be exempt from any
payments to the City for fuel flowage fees on the first of the month after execution of this
Agreement.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 4
ARTICLE IV
RIGHTS RESERVED TO LESSOR
The following rights are reserved to CITY, and AIRBORNE agrees that all rights,
powers and privileges granted under the terms of this Agreement shall be subordinated to
CITY's rights as hereinafter stated.
4.01. AIRPORT HAZARDS. CITY reserves the right to take action it considers
necessary to protect the aerial approaches of the Airport against obstruction, together with the
right to prevent AIRBORNE from erecting or permitting the erection of any building or other
structure on the Airport which in the opinion of CITY would limit the usefulness of the
Airport or constitute a hazard to aircraft.
4.02. AGREEMENT WITH UNITED STATES. During time of war or national
emergency, CITY shall have the right to enter into an agreement with the United States
Government for military or naval use of all or part of the landing area, the publicly owned air
navigation facilities, and other areas or facilities of the Airport. If any such agreement is
executed, the provisions of this instrument, insofar as they are inconsistent with the provisions
of the agreement with the Government, shall be suspended.
4.03. SUBORDINATION OF AIRBORNE'S RIGHTS. This Agreement shall be
subordinate to the provisions of any existing or future agreement between the CITY and the
United States pertaining to the operation and maintenance of the Airport, the execution of
which has been or may be required as a condition precedent to the expenditure of federal funds
for the development of the Airport.
4.04. SUSPENSION OF AIRBORNE'S RIGHTS. All rights, privileges and interests
acquired herein by AIRBORNE, at the option of CITY, following thirty (30) days written
notice to AIRBORNE, may be suspended if such suspension is found by CITY, acting in good
faith, to be necessary to secure federal financial aid for the development of the Airport, or
further development of aeronautical operations thereon.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 5
ARTICLE V
GENERAL CONDITIONS
This Agreement is granted subject to the following provisions and conditions:
5.01. RULES AND REGULATIONS. In conducting its business, hereunder,
AIRBORNE shall comply with all applicable laws of the United States of America and the
State of Texas, the rules and regulations promulgated by their authority pertaining to aviation
and air navigation, and all reasonable and applicable rules, regulations and ordinances of the
City of Lubbock now in force or hereafter prescribed or promulgated by authority or by law.
5.02. 1WROVEMENTS OR ALTERATIONS. AIRBORNE shall not make, permit
or suffer any additions, improvements or alterations to the ramp area without prior written
consent of CITY. Any such additions, improvements or alterations made with the consent of
CITY shall be solely at the expense of AIRBORNE and unless such consent provides
specifically that title to the additions, improvements or alterations so made shall vest in
AIRBORNE, title thereto shall at all times remain in CITY and such additions, improvements
or alterations shall be subject to all terms and conditions of this instrument.
5.03. REMOVAL AND DEMOLITION. AIRBORNE shall not remove or demolish,
in whole or in part, any improvements that already exist on the ramp area without prior written
consent of CITY, which may, at its discretion, condition such consent upon the obligation of
AIRBORNE to replace the same improvements specified in such consent upon termination of
this Agreement. CITY shall not withhold consent unreasonably and shall not impose
unreasonable conditions on its consent.
5.04. MECHANIC'S LIENS. AIRBORNE shall not bind or attempt to bind CITY for
payment of any money in connection with installations, alterations, additions or repairs on the
ramp area or any of AIRBORNE's equipment or facilities located on the ramp area and shall
not permit any mechanic's material -man's or contractor's liens to arise against the ramp area or
any improvements, equipment, machinery or fixtures thereon belonging to CITY, and
AIRBORNE expressly agrees that it will keep and save CITY harmless from all costs and
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 6
damages resulting from any lien or liens of any character created or that may be asserted
through any act or thing done by AIRBORNE.
5.05. DUTY TO DEFEND. In the event any mechanic's or other liens or orders for
payment shall be filed against the ramp area or improvements thereon, or the property of
CITY located thereon, during the term of this Agreement, AIRBORNE shall within ten (10)
days cause the same to be cancelled and discharged of record by bond or otherwise, at the
election and expense of AIRBORNE, and shall also defend on behalf of CITY, at
AIRBORNE's sole cost and expense, any action, suit or proceeding which may be brought for
the enforcement of such liens or orders.
5.06. CITY'S RIGHT TO INSPECT. CITY, acting by and through the Director of
Aviation or other designated representative, shall have the right to inspect the ramp area at all
reasonable times during the term of this Agreement.
5.07. AIRBORNE'S DUTY TO REPAIR. Except as provided herein, any property of
CITY, or for which CITY may be responsible, which is damaged or destroyed incident to the
exercise of the rights or privileges herein granted, or which damage or destruction is
occasioned by the negligence of AIRBORNE, its employees, agents, servants, patrons or
invitees, shall be properly repaired or replaced by AIRBORNE to the satisfaction of CITY and
its authorized representatives, or in lieu of such repair or replacement, AIRBORNE shall, if so
required by CITY, pay CITY money in any amount deemed sufficient by CITY to compensate
for the loss sustained or expense incurred by CITY by reason of the loss of, damage to, or
destruction of such property.
5.08. TRASH DISPOSAL. AIRBORNE shall at its sole expense provide a complete
and proper arrangement for the adequate sanitary handling and disposal, away from the
Airport, of all trash, garbage and other refuse resulting from its business operations authorized
by this Agreement.
5.09. UTILITTF.S. AIRBORNE agrees to pay for all utility charges resulting from or
connected with AIRBORNE's use of the ramp area.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 7
5. 10. TAXES AND LICENSES. AIRBORNE shall pay all taxes of whatever
character that may be lawfully levied or charged upon AIRBORNE's use of the ramp area.
AIRBORNE shall obtain and pay for all licenses or permits necessary or required by law for
the construction of any additional improvements, the installation of equipment and furnishings,
and any other licenses necessary for the conduct of its business.
5.11. HOLD HARMLESS. AIRBORNE agrees to indemnify, defend and forever
save CITY, its authorized agents, representatives and employees, harmless from and against
any and all penalties, liability, annoyances or losses resulting from claims or court actions of
any nature arising directly or indirectly out of any acts or omissions of AIRBORNE, its
agents, servants, guests, employees or business visitors under this Agreement.
5.12. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.
AIRBORNE shall maintain at all times during the term of this Agreement, at its sole expense,
insurance with an insurance underwriter acceptable to CITY and authorized to do business in
the State of Texas, against claims of public liability and property damage resulting from
AIRBORNE's business activities at the Airport. The amount of insurance coverage shall not
be less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for property damages as a
result of any one event, or less than THREE HUNDRED THOUSAND DOLLARS
($300,000) for personal injury or death of any one person in any one event, or less than FIVE
HUNDRED THOUSAND DOLLARS ($500,000) for personal injury or death of two or more
persons in any one event. All policies shall contain an agreement on the part of the respective
insurers, waiving the right of such insurers to subrogation. Certificates of insurance or other
satisfactory evidence of insurance shall be filed with the City Secretary and an additional copy
of such certificates given to the Director of Aviation prior to the commencement the term of
this Agreement. Each policy shall name the City of Lubbock as an additional insured as its
interest may appear, require the insurer to notify the Director of Aviation of the City of
Lubbock, Texas, of any alteration, renewal or cancellation, and remain in full force and effect
until at least ten (10) days after such notice of alteration, renewal or cancellation is received by
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 8
the Director of Aviation.
5.13. FIRE INSURANCE. AIRBORNE shall insure for fire and extended coverage
risks all of AIRBORNE's improvements on the ramp area and shall keep such insurance in full
force and effect during the entire term of this Agreement. Such insurance shall be in an
amount equal to the full insurable replacement value of such improvements. All fire insurance
policies shall contain loss payable endorsements in favor of the parties as their respective
interests may appear hereunder, and an agreement on the part of the insurers waiving the right
of such insurers to subrogation. AIRBORNE shall furnish three (3) copies of certificates of
insurance or other satisfactory evidence of compliance with this provision to the City Secretary
prior to the commencement of the term of this Agreement.
5.14. AIRBORNE SHALL VACATE. On or before the date of expiration of this
Agreement, AIRBORNE shall, as required by CITY, vacate said ramp area, remove all
property of AIRBORNE, and restore the ramp area and any improvements, facilities and
equipment thereon to as good condition on such date of expiration as when received, ordinary
wear and tear excepted. If, however, this Agreement is terminated pursuant to Article VI,
AIRBORNE shall vacate the ramp area, remove said property, and restore the ramp area,
improvements, facilities and equipment thereon as aforesaid within thirty (30) days following
the date of such termination; provided, however, that AIRBORNE' S right to remove its
property is subject to the condition that AIRBORNE has paid in full all amounts due and owed
to CITY under this Agreement. If AIRBORNE shall fail or neglect to remove said property
and so restore the ramp area, improvements, facilities and equipment included thereon on or
before said expiration or within thirty (30) days of such termination, then at the option of
CITY, said property shall either become the property of CITY without compensation therefor
or CITY may cause such property to be removed, the ramp area, improvements, facilities and
equipment included thereon to be restored at the expense of AIRBORNE, and no claim for
damages against CITY, or its officers, agents or employees shall be created or made on
account of such removal and restoration.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 9
5.15. NONDISCRBGNATION. AIRBORNE, its agents and employees will not
discriminate against any person or class of persons by reason of race, color, sex, religion or
national origin in providing any services or in the use of any of its facilities provided for the
public; nor shall AIRBORNE discriminate against any person or class of persons on the basis
of age in a manner that violates any prohibition against such discrimination under the Age
Discrimination Act of 1975, 42. U.S.C. §6101 gl s, AIRBORNE further agrees to comply
with such enforcement procedures as the United States might demand that CITY take in order
to comply with the Sponsor's Assurances.
AIRBORNE agrees to not discriminate against any employees or applicant for
employment because of race, color, age, sex, religion or national origin. AIRBORNE also
agrees to take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, age, sex, religion or national
origin. Such action shall include, but not be limited to, employment, upgrading, demotion or
transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
AIRBORNE will also conduct its activities and operate its facilities in accordance with
the requirements of Section 504 of the Rehabilitation Act of 1973, and will assure that no
qualified handicapped person shall, solely by reason of his or her handicap, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination,
including discrimination in employment, under any program or activity of AIRBORNE.
5.16. WARRANTY OF NO SOLICITATION. AIRBORNE warrants that it has not
employed any person employed by CITY to solicit or secure this Agreement upon any
agreement for a commission, percentage, brokerage or contingent fee.
5.17. NO ASSIGNMENT. Except with prior written consent of CITY, AIRBORNE
shall not assign any of its rights hereunder. No such assignment made with CITY's consent
shall affect AIRBORNE's obligations to make all required fee payments hereunder upon
default of any assignee.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 10
5.18. WAIVER. The failure of CITY to insist in any one or more instance upon
performance of any of the terms or conditions of this Agreement shall not be construed as a
waiver or relinquishment of the future performance of any such terms or conditions, and
AIRBORNE's obligation with respect to such future performance shall continue to be in full
force and effect.
5.19. CITY'S RIGHT TO LEASE TERMINAL BUILDING. AIRBORNE agrees that
CITY has the right to lease portions of the Old Terminal Building to any tenants as CITY
desires.
5.20. DUTY TO PREVENT UNAUTHORIZED ACCESS TO THE RAMP AREA.
AIRBORNE shall prohibit both unauthorized persons and vehicles from entering those Airport
premises which AIRBORNE has priority use of, and AIRBORNE agrees that in the event that
a civil penalty or fine is levied against the Airport or City as a result of AIRBORNE's failure
to comply or act in accordance with this provision or any other applicable federal, state or
local statutes, ordinances, rules and regulations affecting the use, occupancy or operation of
any of said premises, AIRBORNE shall immediately reimburse the Airport or CITY the full
amount of the penalty or fine and correct the act or omission leading to, causing or
contributing to the violation.
5.21. DEVELOPMENT OF AIRPORT. AIRBORNE agrees that CITY has the right
to further develop or improve the Airport as CITY deems necessary, regardless of the desires
or views of AIRBORNE, and without interference or hindrance therefrom.
ARTICLE VI
TERMINATION
This Agreement is subject to termination for the reasons set forth below, provided that
thirty (30) days written notice is given to the nonterminating party.
6.01. AIRBORNE' S RIGHT TO TERMINATE. AIRBORNE may terminate upon the
happening of any of the following:
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 11
A. The permanent abandonment by the CITY of the Airport as an air terminal.
B. The issuance by any court of competent jurisdiction of an injunction in any way
preventing or restraining the use of the ramp area for at least thirty (30) days.
C. The breach by CITY of any of the terms, covenants or conditions of this
Agreement to be kept, performed and observed by CITY, and the failure of CITY to
remedy such breach for a period of sixty (60) days after written notice from
AIRBORNE of the existence of such breach.
D. The assumption by the United States Government, or any authorized agency of
same, of the operation, control or use of the Airport and its facilities in such a manner
as to substantially restrict AIRBORNE from operating under the terms of this
Agreement, if such restriction is to continue or has continued for a period of three (3)
months of more.
6.02. CITY'S RIGHT TO TERMINATE. CITY may terminate upon the happening
of any of the following:
A. If AIRBORNE shall file a voluntary petition of bankruptcy; or, if the
proceedings in bankruptcy shall be instituted against AIRBORNE and it is thereafter
adjudicated as bankrupt pursuant to such proceedings; or if a court shall take
jurisdiction of AIRBORNE and its assets pursuant to proceedings brought under the
provisions of any federal reorganization act; or if a receiver for AIRBORNE's assets is
appointed under state or federal law; or if AIRBORNE shall be divested of its rights,
powers and privileges under this Agreement by other operation of law.
B. If AIRBORNE shall abandon and discontinue operations under this Agreement.
C. If AIRBORNE shall default in or fail to make any fee payments at the time and
in the amounts required under this Agreement.
D. If AIRBORNE shall fail to perform, keep and observe all of the covenants and
conditions contained in this Agreement to be performed, kept and observed by
AIRBORNE.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 12
E. If AIRBORNE shall fail to abide by all applicable laws, ordinances and rules
and regulations of the United States, State of Texas, City of Lubbock or Director of
Aviation of the City of Lubbock.
F. If CITY, acting in good faith, finds termination of the rights, privileges and
interests of AIRBORNE acquired under this Agreement to be necessary to secure
federal financial aid for the development of the Airport, or further development of
aeronautical operations thereon.
6.03. FIRE DAMAGE. In the event the ramp area for which AIRBORNE is herein
granted priority use are damaged by fire or other accidental cause during the term of this
Agreement so as to become totally or partially unusable, CITY shall have the option to restore
the premises to their former condition. If CITY exercises its option to restore the premises,
CITY shall proceed with due diligence. If the damage is so extensive as to amount practically
to the total destruction of the utility of the ramp area for the uses expressed in this Agreement,
AIRBORNE's obligation to pay fees hereunder shall abate for the time and to the extent that
the ramp area has been rendered unusable. Should CITY not exercise its option to restore the
premises, this Agreement shall terminate, such termination to be effective on the date of
damage by fire or other accidental cause, and all fees due pursuant to this Agreement shall be
apportioned to that date.
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.01. NOTICES. Notices to CITY provided for herein shall be sufficient if sent by
certified mail, postage prepaid, addressed to the Director of Aviation, Route 3, Box 389,
Lubbock, Texas 79401, and notices to AIRBORNE, if sent by certified mail, postage prepaid,
addressed to ABX Air, Inc., Airborne Air Park, 145 Hunter Drive, Wilmington, Ohio 45177,
or to such other addresses as the parties may designate to each other in writing from time to
time.
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 13
7.02. HOLDING OVER. In the event AIRBORNE continues its usage of the ramp
area after the expiration of this Agreement, without any written renewal or extension of this
Agreement, such holding over shall not be deemed as a renewal or extension of the same, and
may be terminated at any time by CITY.
7.03. RIGHT OF FIRST REFUSAL. While this Agreement is in effect, AIRBORNE
shall have the right of first refusal to lease a tract of land immediately adjacent to the north
edge of the ramp area described in Exhibit A and which extends north approximately 80 feet
by 360 feet and contains approximately 28,800 square feet. However, AIRBORNE shall
forfeit such right if AIRBORNE fails to execute a lease for the tract of land herein described
within thirty (30) days of receipt of a written request from the Director of Aviation of the
CITY that such a lease be executed.
EXECUTED this 14 th day of
ABX AIR, INC.
BY:
J TE, SENIOR VICE-PRESIDI
ADMINISTRATION
ATTEST:
—00
/i �:/
Place Corporate Seal
HW:da/hwd1/A-ABXAIR.doc.ww
rev. Febn wy 2, 1994
ATTEST:
Betty M. Johnson, Mty Secretary
APPROVED AS TO CONTENT:
ewsome, AAE,
Interim Director of Aviation
APPROVED AS TO FORM:
Harold; � 4- Willard, Assistant V.,L Ci Attorney
RAMP AREA USE AGREEMENT - ABX AIR, INC. Page 14
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