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HomeMy WebLinkAbout06046 ORD - 01/18/1961JKHa2-13 -60 ., , • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH AIRPORT PARKING COMPANY OF TEXAS WHEREBY THE SAID IRPORT PARKING COMPANY OF TEXAS IS GRANTED THE RIGHT TO OPERATE THE PUBLIC PARKING FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIR- PORT FOR A PERIOD OF FIVE YEARS, ALL-AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT WITH AIRPORT PARKING COMPANY OF TEXAS WHEREBY THE SAID AIRPORT PARKING COMPANY OF TEXAS IS GRANTED THE RIGHT TO OPERATE THE PUBLIC PARKING FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A PERIOD OF FIVE YEARS ALL AS MORE FULLY DESCRIBED IN THE AGREEMENTS A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. a- • THE STATE OF TEXAS COUNTY OF NUECES - THIS AGREEMENT ENTERED INTO THIS I DAY.OF -- 1960, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED THE LESSOR, AND AIRPORT PARKING COMPANY OF TEXAS, HEREINAFTER CALLED THE LESSEE, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. THE LESSEE AGREES TO OPERATE, AND LESSOR AGREES TO PERMIT THE LESSEE TO HAVE EXCLUSIVE RIGHT TO OPERATE, ALL PARKING FACILITIES IN AND ABOUT THE TERMINAL AREA AT CORPUS CHRISTI INTERNATIONAL AIRPORT, WHICH AREAS ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PAVED PARKING AREA LOCATED WITHIN THE ENTRANCE AND EXIT LOOP IN FRONT OF THE MAIN TERMINAL BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT APPROXIMATELY 705 FEET LONG BY 185 FEET WIDE, CONTAINS APPROXIMATE PARKING SPACE FOR 350 AUTOMOBILES, LOCATED NORTH OF THE TERMINAL BUILDING, CORPUS CHRISTI INTERNATIONAL AIRPORT AT - -A DISTANCE OF AP- PROXIMATELY 100 FEET NORTH OF THE CURB LINE IN FRONT OF AND NEXT TO THE TERMINAL BUILDING, WITHTHE MAIN ENTRANCE OF THE PARKING LOT SITUATED AT A POINT APPROXIMATELY IN THE CENTER OF THE TERMINAL BUILDING. THIS ALSO INCLUDES THE ISLAND LOCATED IN THE ENTRANCE TO THE PARKING LOT. Z. THE LESSEE AGREES TO PAY THE LESSOR A MINIMUM ANNUAL RENTAL OF $8,500.00 PER YEAR, PAYABLE IN TWELVE (12) EQUAL MONTHLY INSTALLMENTS, EACH OF WHICH INSTALLMENTS SHALL BE ONE- TWELFTH (1/12) OF THE ANNUAL PAYMENT. THE FIRST OF.SA.ID MONTHLY PAYMENTS SHALL BE PAID AT THE TIME OF EXECUTION OF THIS AGREEMENT AND SUBSEQUENT MONTHLY PAYMENTS SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH MONTH IN ADVANCE FOR THE ENSUING MONTH. IN ADDITION, THE LESSEE AGREES TO PAY TO THE LESSOR THE FOLLOWING PERCENTAGES OF THE GROSS ANNUAL RECEIPTS: • -0 (FIFTY PERCENT) OF THAT PORTION OF THE GROSS ANNUAL RECEIPTS IN EXCESS OF 435,000 PER ANNUM BUT NOT IN EXCESS OF $100.000.0 075 (SEVENTV -FIVE) OF ALL OVER $100,000 OF GROSS RECEIPTS PER ANNUM.• ANY ADDITIONAL RENTAL DUE AS A RESULT OF THE APPLICATION OF THE PERCENTAGE RENTS HEREINABOVE STATED SHALL BE PAID TO THE LESSOR WITHIN THIRTY (30) DAYS AFTER THE CLOSE OF T+IE ANNUAL PERIODS SUCH ANNUAL PERIOD TO COMMENCE ON THE DATE OF THIS AGREEMENT AND END TWELVE (12) MONTHS THEREAFTER. TO SECURE THE PAYMENT OF SUCH ADDITIONAL RENTAL DUE, IF ANY A SURETY BOND IN THE AMOUNT OF FIVE THOUSAND AND NO/100 ($5,000.00) DOLLARS IS DELIVERED WITH THIS AGREEMENT BY LESSEE TO LESSOR. 3. UNIFORMED ATTENDANTS, TRAINED AND DISCIPLINED IN THE PERFOR- MANCE OF THEIR DUTIES AND COURTEOUS TO THE PUBLICS SHALL BE ON DUTY DURING THE HOURS SCHEDULED AIRPLANES ARE ARRIVING AND DEPARTING. THE LESSEE AGREES TO PROTECT ALL CARS DELIVERED TO IT ON A 24 HOUR BASIS FROMIHEFT AND /OR VANDALISM. 4. THE TERM OF THIS LEASE SHALL BE FOR A PERIOD OF FIVE (5) YEARS, COMMENCING WITH THE DATE OF EXECUTION OF THIS CONTRACT. 5. THE LESSEE HAS THE RIGHT TO SUSPEND PAYMENT OF RENT DURING ANY PERIOD THAT THE AIRPORT IS NOT OPERATED FOR USE BY COMMERCIAL AIRLINERS. IN THE EVENT OF A PARTIAL SUSPENSION OF ACTIVITIES BY COMMERCIAL AIRLINES, RENT SHALL BE ABATED PROPORTIONATELY ON A MUTUALLY AGREEABLE AND NEGOTIATED BASIS. 6. THE LESSEE SHALL AT ITS OWN EXPENSE AND AT ALL TIMES DURING THE TERM OF THIS LEASE OBTAIN AND SECURE FOR ITS PROTECTION PUBLIC LIABILITY INSURANCE IN THE AMOUNT OF $100,0004300,000 AND PROPERTY DAMAGE INSURANCE IN THE AMOUNT OF $25,000. THE LESSEE AGREES TO KEEPS SAVE AND HOLD HARMLESS THE LESSOR FROM ANY AND ALL CLAIMS FOR INJURY OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM ITS OPERATION OF THE PARKING FACILITY. EVIDENCE • OF INSURANCE AND NOTICES OF CANCELLATION SHALL BE FURNISHED TO THE LESSOR. 7. LESSEE WILL PROVIDE, AT ITS OWN EXPENSES PARKING TICKETS TIME CLOCKS AND SIGNS. EACH CAR PARKED ON THE PREMISES SHALL BE TICKETED. THE LESSEE AGREES TO PROVIDE AN ARCHITECTURALLY COMPATIBLE CONTROL BOOTHS THE TYPEp SIZE, COLOR AND DESIGN OF WHICH SHALL BE SUBJECT TO THE APPROVAL OF THE LESSOR AND FURTHER AGREES TO STRIPE THE LOT. THE LESSEE AGREES TO MAINTAIN ALL -2- • SIGNS AND STRIPING IN THE LOT AND KEEP THE EQUIPMENT FURNISHED BY MIN IN WORKING ORDER. ALL SIGNS SHALL BE SUBMITTED -TO THE AIRPORT MANAGER FOR HIS APPROVAL PRIOR TO INSTALLATION AND THE DESIGNS SIZES COLORING AND LOCATION OF SAME SHALL BE SUBJECT TO THE APPROVAL OF THE AIRPORT MANAGER AT ALL TIMES. 8. THE LESSOR AGREES TO FURNISH9 AT ITS OWN EXPENSES A FINISHED PARKING LOT AND SUFFICIENT LIGHTS FOR THE SAME. THE LESSOR AGREES TO MAINTAIN THE LOTS ♦IGHTS AND FIXTURES. LESSOR SHALL ADOPT REGULATIONS CONCERNING PARKING ON AIRPORT PREMISES AND DESIGNATE BY PROPER MARKING THE FOLLOWING PUBLIC PARKING AREAS OUTSIDE OF THE PREMISES HEREBY LEASED; AIRPORT LIMOUSINE SPACES THE RENT -A -CAR LESSEES' SPACES EMPLOYEE PARKING TAXICAB SPACES AND REGULATE PUBLIC PARKING TO THE EFFECT THAT ALL PARKINGS EXCEPT PASSENGER LOADING AND UNLOADING SHALL BE REQUIRED TO BE IN THE PARKING AREA-COVERED BY THIS L EASE. 9. PARKING RATES CHARGED SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 20 MINUTES OR LESS FREE LESS THAN 2 HOURS 250 2 TO 8 HOURS 500 8 TO 12 HOURS 12 TO 24 HOURS 1.00 WEEKLY PARKING 5.00 (EMPLOYEES FREE) SPECIAL TAXES ON PARKING RECEIPTS, IF ANY MAY BE ADDED TO THE RATES SET FORTH ABOVE. SUCH TAXES SHALL NOT BE CONSIDERED A PART OF GROSS RECEIPTS. ANY CHANGES IN THE ABOVE RATES SHALL BE SUBJECT TO MUTUAL AGREE- MENT OF THE LESSOR AND LESSEE. 10. THE LESSEE AGREES TO FURNISH FREE PARKING TO EMPLOYEES OF ALL TENANTS AND EMPLOYEES OF THE LESSOR IN ACCORDANCE WITH A LIST TO BE PROVIDED -BY THE LESSOR. THE LESSEE MAY DIRECT ALL CARS TO APPROPRIATE LOCATIONS ON THE LOT, AND MAY SEPARATE, IF IT DEEMS IT ADVISABLE, EMPLOYEES CARS FROM CARS OWNED BY THE GENERAL PUBLIC. -3- 0— 11. THE LESSEE AGREES TO MAKE AVAILABLE TO PROPERLY DESIGNATED AUDITORS OF THE LESSOR, DURING REGULAR BUSINESS HOURS, ALL RECORDS OF RECEIPTS AND SUCH OTHER PERTINENT INFORMATION AS MAY BE REQUIRED FOR ACCURATE AUDIT PURPOSES, AND IN ADDITION AGREES- TO FURNISH TO THE LESSOR AN ANNUAL STATEMENT OF INCOME FROM OPERATIONS SWORN TO BEFORE A NOTARY PUBLIC. 12. THE LESSOR COVENANTS AND AGREES THAT DURING THE TERM OF THE LEASE THE LESSEE SHALL HAVE THE PEACEFUL RIGHT TO USE THE PREMISES FOR PARKING PURPOSES AND IN ACCORDANCE WITH ALL OF THE RIGHTS AND PRIVILEGES AS HEREIN STATED. LESSOR AGREES TO ASSIST.AND COOPERATE IN EVERY WAY POSSI- BLE TO PREVENT ANY FREE PARKING IN AND ABOUT THE TERMINAL AREA. POSSIBLE AREAS THAT MIGHT OTHERWISE BE USED FOR FREE PARKING WILL BE UTILIZED FOR OTHER PURPOSES, SUCH AS EMPLOYEE PARKING, RENTAL CARS, TAXIS, OR OTHERWISE BARRICADED TO PREVENT THE DEVELOPMENT OF FREE PARKING AREAS IN COMPETITION WITH THE LOT OPERATED BY LESSEE. IN THE EVENT LESSEE SHOULD FAIL TO MAKE ANY OF THE PAYMENTS PROVIDED HEREIN WITHIN THE TIME PROVIDED, THEN THE CITY MAY AT ITS OPTION TERMINATE THIS AGREEMENT BY WRITTEN NOTICE TO THE LESSEE. IN THE EVENT THAT EITHER PARTY SHALL FAIL TO KEEP AND PERFORM ANY OF THE OBLIGATIONS IMPOSED UPON THEM OR EITHER OF THEM, THEN UPON WRITTEN NOTICE BY THE PARTY NOT IN DEFAULT OF THE DEFAULT OF THE OTHER PARTY, THE DEFAULTING PARTY SHALL HAVE THIRTY (30) DAYS IN WHICH TO CORRECT SUCH DEFAULT OR THE NON - DEFAULTING PARTY SHALL HAVE THE OPTION TO TERMINATE AT THE EXPIRATION OF SAID THIRTY (30) DAY PERIOD. IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS THIS DAY OF 196o. CITY OF CORPUS CHRISTI ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 1960: CITY ATTORNEY ATTEST: BY: HERBERT W. WHITNEY CITY MANAGER BY • THAT THE FOREGOING ORDINANCE WAS R FOR THE FI T TIME AND PAS 4D �TO ITS SECOND READING ON THIS THE DAY OF , 19�+ BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD AIRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DONNE V R. A. HUMBLE GABE LOZANOS SR. THAT THE FOREGOING ORDINANCE WAS FOR THE S D TIME AND PASS6,,TO ITS THIRD READING ON THIS THE WAS OF 19 co ro . BY THE FOLLOWING VOTE: ELI-Roy KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANOS SR. THAT THE FORE 01 G ORDINANC AS READ FOR THE, T�IRD TIME AND PASSED FINALLY ON THIS THE DAY OF 19 e ' BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. PASSED AND APPROVED' THIS THE DAY OF 19 A _ 7 0 CITY SECRET Y APPROVED AS TO LEGAL FORM THIS ___ J ___DAY OF d a , �95j9: CITY ATTORNEY MAYOR , THE CITY F ORPUS CHR TI, TEXAS