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HomeMy WebLinkAbout09503 ORD - 10/01/1969mvl: 8 -20 -69 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RIO AIRWAYS, INC., COVERING THE RENTAL OF SPA -$ AT THE INTERNATIONAL AIRPORT AND THE USE-0Z SAID AIRPORT. A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed, for and on behalf of the City of Corpus Christi, to execute a lease agreement between the City of Corpus Christi and Rio Airways, Inc., covering the rental of space at the Corpus Christi International Airport and the use of said airport, a copy of said lease being attached hereto and made a part hereof for all intents and purposes as if copied verbatim herein. 9503 IJ/20/69:E -- LEASE AGREEMENT STATE OF TEXAS COUNTY OF NUECES Y THIS LEASE AGREEMENT, MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF TEXAS, SITUATED IN NUECES COUNTY, TEXAS, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, WITH AUTHORITY DULY CONFERRED BY THE CITY COUNCIL, HEREINAFTER SOMETIMES REFERRED TO AS LESSOR, AND RIO AIRWAYS, INC., A TEXAS CORPORATION, HEREINAFTER SOMETIMES REFERRED TO AS LESSEE, W I T N E S S E T H ARTICLE I PREMISES LESSOR, AS SPONSOR AND OWNER OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT, LOCATED IN NUECES COUNTY, TEXAS, DOES HEREBY, FOR THE USES AND PURPOSES AND FOR THE CONSIDERATION AS HEREINAFTER STATED, DEMISE AND LET UNTO LESSES, AND LESSEE DOES HEREBY HIRE AND TAKE FROM LESSOR, THE FOLLOW- ING PREMISES AND, WITHOUT LIMITING THE GENERALITY HEREOF, THE FOLLOWING FACILITIES, RIGHTS, LICENSES AND PRIVILEGES ON AND IN CONNECTION WITH THE AIRPORT, AS MORE PARTICULARLY HEREINAFTER SET FORTH: A. USE OF AIRPORT. THE USE BY LESSEE, ITS EMPLOYEES, PASSENGERS, GUESTS, PATRONS AND INVITEES, IN COMMON WITH OTHER DULY AUTHORIZED USERS, OF THE PUBLIC PORTIONS OF SAID AIRPORT AND APPURTENANCES, THE SAME BEING MORE PARTICULARLY DESCRIBED IN A DIAGRAM MARKED "EXHIBIT A", ATTACHED HERETO AND MADE A PART HEREOF, TOGETHER WITH ALL FACILITIES, IMPROVEMENTS, EQUIPMENT AND SERVICES WHICH HAVE BEEN OR MAY BE HEREAFTER PROVIDED FOR COMMON USE AT OR IN CONNECTION WITH SAID AIRPORT. B. SPECIFIC RIGHTS AT AIRPORT. IN ADDITION TO ALL RIGHTS ELSE - eWHERE GRANTED IN THIS AGREEMENT, THE LESSEE SHALL HAVE THE RIGHT TO USE THE AIRPORT FOR THE FOLLOWING SPECIFIC PURPOSES: (1) THE OPERATION OF A TRANSPORTATION SYSTEM BY AIRCRAFT FOR THE CARRIAGE OF PERSONS, PROPERTY AND MAIL, INCLUDING ALL ACTIVITIES REASONABLY NECESSARY TO SUCH OPERATION, HEREINAFTER REFERRED TO AS FAIR TRANSPORTATION"; (Z) -THE LANDING, TAKING OFF, LOADING, UNLOADING, REPAIRING, MAINTAINING, CONDITIONING, SERVICING, PARKING, STORING AND TESTING OF AIR- CRAFT OR OTHER EQUIPMENTy INCLUDING THE USE OF A REASONABLE AMOUNT OF CON- VENIENTLY LOCATED RAMP AREA WHICH LESSOR WILL KEEP IN GOOD REPAIR, AND INCLUDING THE RIGHT TO ERECT OR INSTALL AND MAINTAIN ON SAID AIRPORT, AT LOCATIONS TO BE MUTUALLY AGREED UPON, ADEQUATE STORAGE FACILITIES FOR GASOLINE, OIL, GREASES AND OTHER FUEL OR SUPPLIES, AT CONVENIENT LOCATIONS, IN ACCORDANCE WITH INSURANCE UNDERWRITERS' STANDARDS, TOGETHER WITH THE NECESSARY PIPES PUMPS, MOTORS: FILTERS AND OTHER APPURTENANCES INCIDENTAL TO THE USE THEREOF; SUCH STRUCTURES AND APPURTENANCES TO BE AND REMAIN THE SEVERABLE PROPERTY OF LESSEE; (3) THE SALE OF TICKETS, DOCUMENTATION OF SHIPMENTS, HANDLING OF RESERVATIONS, AND THE LOADING AND UNLOADING OF PERSONS, PROPERTY AND MAIL AT SAID AIRPORT BY SUCH MOTOR VEHICLES OR OTHER MEANS OF CONVEYANCE AS LESSEE MAY DESIRE OR REQUIRE IN THE OPERATION OF ITS AIR TRANSPORTATION SYSTEM: WITH THE RIGHT TO DESIGNATE THE PARTICULAR CARRIER OR CARRIERS WHO SHALL OR MAY REGULARLY TRANSPORT LESSEES PASSENGERS AND CARGO TO AND FROM THE AIRPORT, PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT THE CITY FROM GRANTING THE FRANCHISE OR FRANCHISES FOR LIMOUSINE SERVICE; (4) THE PURCHASE AT SAID AIRPORT OF LESSEES REQUIREMENTS OF GASO- LINE, FUEL, LUBRICATING OIL, GREASE, FOOD AND OTHER PASSENGER SUPPLIES, AND ANY OTHER MATERIALS AND SUPPLIES FROM ANY PERSON OR COMPANY OF LESSEE S CHOICE] AND THE MAKING OF AGREEMENTS WITH ANY PERSON OR COMPANY OF LESSEE S CHOICE FOR WORK TO BE DONE FOR LESSEE; (5) THE INSTALLATION AND OPERATION OF IDENTIFYING SIGNS ON THE LEASED PREMISES, THE GENERAL TYPE AND DESIGN OF SUCH SIGNS TO BE SUBJECT TO APPROVAL OF THE AIRPORT MANAGERS SUCH APPROVAL NOT TO BE ARBITRARILY WITHHELD; (6) THE INSTALLATION, MAINTENANCE AND OPERATION OF SUCH RADIO .; I', t•, t.;M; ta'; t; rvl., k ,COMMUNICATION�,METEOROLOGICAL, AND AERIAL NAVIGATIOW EQUIPMENT AND FACILITIES IN, ON AND ABOUT THE PREMISES HEREIN LEASED AND SAID AIRPORT AS MAY BE NECES- SARY OR CONVENIENT IN THE OPINION OF THE LESSEE FOR ITS OPERATIONS; PROVIDED -2- THAT THE LOCATION OF SUCH EQUIPMENT AND FACILITIES AS MIGHT INTERFERE WITH FULL AND PROPER USE OF THE AIRPORT SHALL BE SUBJECT TO THE APPROVAL OF THE AIRPORT MANAGERS SUCH APPROVAL NOT TO BE ARBITRARILY WITHHELD; THE RIGHTS LICENSES AND PRIVILEGES GRANTED THE LESSEE UNDER THIS ARTICLE I WITH RESPECT TO THE PERFORMANCE OF GROUND SERVICES AND ACTIVITIES IN CONNECTION WITH ITS AIR TRANSPORTATION OPERATIONS AT THE AIRPORT MAY BE EXERCISED BY THE LESSEE FOR AND ON BEHALF OF THE LESSEE BY ANY COMPANY OR PERSON DESIGNATED BY LESSEE. . C. EXCLUSIVE SPACE IN TERMINAL BUILDING. THE EXCLUSIVE USE OF A TOTAL OF APPROXIMATELY 890 SQUARE FEET OF SPACEI WHICH INCLUDES 188 SQUARE FEET OF COUNTER SPACE, 396 SQUARE FEET OF AIR — CONDITIONED SPACE, AND 306 SQUARE FEET OF NON AIR — CONDITIONED SPACE, SUBJECT TO ACTUAL MEASUREMENT AT THE TIME OF TAKING POSSESSION, IN THE TERMINAL BUILDING, AS THE SAME IS MORE PARTICULARLY SET FORTH AND SHOWN ON PLANS AND SPECIFICATIONS MARKED "EXHIBIT Bra ATTACHED HERETO AND MADE A PART HEREOF FOR SUCH USES AS LESSEE MAY DESIRE TO MAKE THEREOF IN CONNECTION WITH OR INCIDENTAL TO ITS OPERATION OF AN AIR TRANSPORTATION SYSTEM. THE LESSEE SHALL HAVE THE RIGHT AND OPTION AT ANY TIME AND FROM TIME TO TIME DURING THE TERM HEREOF AND OF ANY EXTENSION OR RENEWALS TO LEASE FOR THE EXCLUSIVE USE OF ITSELF OR OF ANY AIR TRANSPORT COMPANY SUBSIDIARY TO OR AFFILIATED WITH ITS ANY ADDITIONAL SPACE AT THE AIR- PORT NOT NECESSARY TO THE LESSORS OPERATION OF THE AIRPORT AND AT THE TIME NOT LEASED TO OTHERS, WHETHER SUCH SPACE IS ADJACENT TO THE SPACE LEASED HERE- UNDER OR OTHERWISE, TOGETHER WITH ANY OR ALL RIGHTS FACILITIES, LICENSES AND PRIVILEGES APPURTENANT TO SUCH SPACE AND TO THE AIRPORTS UPON THE SAME GENERAL TERMS AND CONDITIONS AS ARE HEREIN ESTABLISHED. D. PARKING SPACE. THE USE BY LESSEE AND ITS EMPLOYEES, IN COMMON ONLY WITH THE OTHER AIR TRANSPORT OPERATORS WHO MAY BE LESSEES OF SPACE AT THE AIRPORT AND THEIR EMPLOYEES, OF ADEQUATE VEHICULAR PARKING SPACE LOCATED AS NEAR AS POSSIBLE TO SAID TERMINAL BUILDING WITHOUT CHARGE TO LESSEE OR TO .,aSAI : 1 .. EM- o ".`', _:;'J! ". ;'rtcP „i �,1 > �' h1rtAi'ili'.P «3'�:�rl'?5 ?,• f'. >... D. PLOYEES. E. RIGHT OF ACCESS, INGRESS AND EGRESS. THE FULL AND UNRESTRICTED RIGHTS OF ACCESS, INGRESS AND EGRESS WITH RESPECT TO THE PREMISES OUTLINED IN -3- PARAGRAPHS A TO D ABOVE, FOR LESSEE, ITS EMPLOYEES, PASSENGERS, GUESTS, PATRONS, INVITEES, SUPPLIERS OF MATERIALS AND FURNISHERS OF SERVICE, ITS OR THEIR AIR- CRAFT, EQUIPMENT, VEHICLES, MACHINERY AND OTHER PROPERTY, WITHOUT CHARGE TO LESSEE, OR TO SAID PERSONS OR PROPERTY. ARTICLE 11 TERM LESSEE SHALL HAVE AND HOLD SAID PREMISES, FACILITIES, RIGHTS, LICENSES, AND PRIVILEGES SET FORTH IN PARAGRAPHS A TO E INCLUSIVE, OF ARTICLE 1, FOR A TERM COMMENCING ON THE 1ST DAY OF OCTOBER, 1969, AND TERMINATING AT THE END OF THE 7TH DAY OF AUGUST, 1970, UNLESS SOONER TERMINATED AS HEREINAFTER PROVIDED. ARTICLE III QUIET ENJOYMENT LESSOR REPRESENTS THAT IT HAS THE RIGHT TO LEASE SAID PROPERTY AND APPURTENANCES TOGETHER WITH ALL THE FACILITIES, RIGHTS, LICENSES AND PRIVILEGES HEREIN GRANTED, AND HAS FULL POWER AND AUTHORITY TO ENTER INTO THIS LEASE IN RESPECT THEREOF; AND COVENANTS THAT UPON PERFORMANCE OF THE AGREEMENTS ON THE PART OF LESSEE TO BE PERFORMED HEREUNDER, LESSEE SHALL PEACEABLY HAVE AND ENJOY SAID PREMISES, APPURTENANCES, FACILITIES, RIGHTS, LICENSES AND PRIVILEGES. ARTICLE IV DEVELOPMENT, MAINTENANCE AND OPERATION OF AIRPORT LESSOR AGREES THAT IT WILL DEVELOP AND IMPROVE, AND AT ALL TIMES MAINTAIN AND OPERATE WITH ADEQUATE AND EFFICIENT PERSONNEL AND KEEP IN GOOD REPAIR SAID AIRPORT AND TERMINAL BUILDING, AND THE APPURTENANCES, FACILITIES AND SERVICES NOW OR HEREAFTER CONNECTED THEREWITH, AND KEEP SAID AIRPORT AND ITS APPROACHES FREE FROM OBSTRUCTION, CONGESTION AND INTERFERENCE FOR THE SAFE, CONVENIENT AND PROPER USE THEREOF BY LESSEE, AND WILL MAINTAIN AND OPER- ATE SAID AIRPORT SO AS TO ENTITLE IT TO THE APPROVED RATING BY THE FEDERAL AVIATION AGENCY AND ALL OTHER APPROPRIATE REGULATORY AUTHORITIES IN RESPECT TO ALL PRESENT AND FUTURE OPERATIONS OF LESSEE. LESSOR SHALL PROVIDE ADEQUATE ILLUMINATION FOR THE LOADING RAMP AREA ADJACENT TO THE TERMINAL BUILDING WITH A MINIMUM OF THREE FOOT CANDLES AT A DISTANCE OF 75 FEET FROM THE RAMP FENCE LINE. -4- IT IS EXPRESSLY UNDERSTOOD THAT THE LESSOR WILL KEEP THE PUBLIC SPACE IN THE TERMINAL BUILDING ATTRACTIVELY FURNISHED, AND WILL PROVIDE AND SUPPLY ADEQUATE LIGHT] ELECTRICITY AND WATER FOR THE PUBLIC SPACE; HEAT DURING COLD WEATHER AND AIR CONDITIONING DURING WARM WEATHER SUFFICIENT TO KEEP THE BUILDING AT A REASONABLE TEMPERATURE; JANITORS AND OTHER CLEANERS NECESSARY TO KEEP THE AIRPORT AND ALL SPACES, INCLUDING LESSEES EXCLUSIVE SPACES IN THE TERMINAL BUILDING AT ALL TIMES CLEANy NEAT ORDERLY1 SANITARY AND PRESENT- ABLE; SUCH PERSONNEL AS MAY BE NECESSARY TO FACILITATE THE USE OF THE AIRPORT AND TERMINAL BUILDING AND THE APPURTENANCES, FACILITIES AND SERVICES AS AFORE- SAID BY ANYONE HEREUNDER ENTITLED TO USE THE SAME. LESSOR AGREES THAT IT WILL PROVIDE, IN LESSEE'S EXCLUSIVE SPACE, DOMESTIC WATERS MECHANICAL EQUIPMENT AND PIPING NECESSARY FOR COOLING AND HEATING LESSEES EXCLUSIVE SPACE TOGETHER WITH THE NECESSARY HOT AND COLD WATER TO AIR CONDITION AND HEAT SAID SPACE. ARTICLE V SPACE FOR GOVERNMENT AGENCIES THE LESSOR COVENANTS AND AGREES THAT IF IT SHOULD FURNISH SPACE AND FACILITIES IN THE TERMINAL BUILDING FOR THE USE OF ANY GOVERNMENTAL AGENCY OR DEPARTMENT REQUIRING SPACE THEREIN, SUCH SPACE AND FACILITIES SHALL BE FURNISHED WITHOUT CHARGE TO THE LESSEE. ARTICLE VI RULES AND REGULATIONS LESSEE COVENANTS AND AGREES TO OBSERVE AND OBEY ALL REASONABLE AND LAWFUL RULES AND REGULATIONS NOT IN CONFLICT WITH THE PROVISIONS HEREOF, WHICH MAY FROM TIME TO TIME DURING THE TERM HEREOF BE PROMULGATED AND ENFORCED BY LESSOR FOR OPERATION AT SAID AIRPORT. ARTICLE VII RENTALS AND FEES LESSEE AGREES TO PAY LESSOR FOR THE USE OF ALL THE PREMISES, FACILI— -'1� '•)9.�.. "•s, # „$r..T.I ESQ, RIGHTS, LICENSES AND PRIVILEGES GRANTED HEREUNDER ,THE FOLLOWING RENTALS FEES AND CHARGES: 1. TICKET COUNTER AREA $1.65 PER SQ. FT. PER ANNUM 2. AIR — CONDITIONED OFFICE SPACE 4.15 PER SQ. FT. PER ANNUM -5- NON AIR— CONDITIONED SPACE — — — $3.65 PER SQ. FT. PER ANNUM $2.75 PER MONTH FOR EACH EXCLUSIVE PUBLIC ADDRESS MICROPHONE LOCATED IN LESSEES EXCLUSIVE SPACE. 5. $2.75 PER MONTH FOR EACH INTER — COMMUNICATION INSTRUMENT LOCATED IN LESSEES EXCLUSIVE SPACE. IN THE EVENT THAT IT BECOMES MUTUALLY AGREEABLE TO INSTALL AN INTER — COMMUNICATION SYSTEM BY THE SOUTHWEST BELL TELEPHONE COMPANY, SO THAT THE INTER — COMMUNICATION SYSTEM IS NOT PROVIDED BY LESSOR, THEN THIS CHARGE SHALL NOT BE MADE. 6. LESSEE AGREES TO PAY FOR THE ELECTRICAL ENERGY CONSUMED BY LESSEE IN LESSEES EXCLUSIVE SPACE ON A METERED BASIS AT THE CITY'S COST. 7. LESSEE MAY FROM TIME TO TIME RENT SPACE ON THE AIRFIELD UPON TERMS MUTUALLY AGREED UPON BETWEEN THE PARTIES AND AT SUCH LOCATIONS AS MAY BE MUTUALLY AGREED UPON, FOR THE LOCATION OF SHOP SPACE. H. LESSEE MAY FROM TIME TO TIME LEASE SPACE FOR THE STORAGE OF FUELS AND PROPELLENTS AT A MUTUALLY AGREED UPON LOCATION ON THE AIRFIELD, UPON TERMS AND CONDITIONS MUTUALLY AGREED UPON BETWEEN THE PARTIES. 9. LESSOR WILL RELAMP THE ELECTRICAL OUTLETS WITHIN LESSEE'S EXCLUSIVE AREA FOR THE ACTUAL COST, EXCLUSIVE OF LABOR, TO LESSOR OF THE LAMPS ACTUALLY USED. 10. LANDING FEES WILL BE PAID BY LESSEE AT THE RATE OF TEN (1010) CENTS PER THOUSAND POUNDS OF THE MAXIMUM CERTIFIED GROSS LANDING WEIGHT OF LESSEE'S AIRCRAFT LANDED AT THE AIRPORT. LANDING FEES WILL BE COMPUTED ON THE BASIS OF THE ACTUAL NUMBER OF LANDINGS MADE AT THE AIRPORT, BUT NO CHARGE WILL BE MADE FOR COURTESY, TEST, TRAINING OR ANY OTHER NON — REVENUE FLIGHT. 11. USE OF THE BAGGAGE CLAIM AREA WILL BE PAID FOR BY LESSEE AT THE RATE OF 2 -1/4¢ PER ENPLANED PASSENGER. THE ABOVE LISTED RENTALS AND FEES SHALL BECOME DUE AND PAYABLE ON A MONTHLY BASIS. PAYMENTS SHALL BE MADE TO THE AIRPORT MANAGER OR TO SUCH OTHER AGENCY OF THE CITY AS MAY BE SPECIFICALLY DESIGNATED IN WRITING BY THE LESSOR. THE FOREGOING PAYMENTS SHALL BE MADE ON OR BEFORE THE 15TH DAY OF THE CALENDAR MONTH NEXT SUCCEEDING THAT FOR WHICH PAYMENT IS BEING MADE; PROVIDED THAT IN NO CASE WILL SAID AMOUNT BE PAYABLE UNTIL TEN (10) DAYS AFTER RECEIPT BY THE LESSEE OF A WRITTEN BILL THEREFOR FROM THE LESSOR; AND PROVIDED THAT THE LESSEE SHALL NOT BE REQUIRED TO PAY IN RESPECT TO ANY TIME OR TIMES DURING WHICH THE FACILITIES AND PRIVILEGES OF SAID AIRPORT AND PREMISES DO NOT MEASURE UP OR CONFORM TO THE STANDARD SET IN THIS AGREEMENT, OR ARE NOT FOR OTHER REASONS USABLE BY THE LESSEE IN ALL ITS SAID OPERATIONS AND BUSINESS. PAYMENTS SHALL BE PRORATED FOR ANY PORTION OF A CALENDAR MONTH AT THE COMMENCEMENT AND TERMINATION OF THIS AGREEMENT. ',iii .'a„a S4 e •1' .rA ti.,.o. . • .. 'iii• , r_ .. . ,. . W t ' 1 ' 9 e � r � � � i :�t•�°�i.'i�� "� �3: }:a,« ;.i, ARTICLE V I I I NO FURTHER CHARGES, FEES OR TAXES NO RENTALS, FEES, LICENSE, EXCISE OR OPERATING TAXES, TOLLS OR OTHER CHARGES, EXCEPT THOSE HEREIN EXPRESSLY PROVIDED, SHALL BE CHARGED AGAINST OR f� COLLECTED FROM, DIRECTLY OR INDIRECTLY, THE LESSEE OR ANY OTHER PERSON EN- GAGED IN SUPPLYING LESSEE] FOR THE PRIVILEGES OF BUYING, SELLING, USING, STORING, WITHDRAWING, HANDLING, CONSUMING OR TRANSPORTING MATERIALS OR OTHER SUPPLIES TOE FROM OR ON THE AIRPORT; OF MAKING OR PERFORMING AGREEMENTS FOR WORK, MATERIALS OR SERVICES AT THE AIRPORT; OF TRANSPORTING, LOADING, UNLOAD- ING OR HANDLING PERSONS, PROPERTY OR MAIL TOE FROM OR ON SAID AIRPORT; OR FOR ANY OTHER OF THE PREMISES, FACILITIES, RIGHTS, LICENSES AND PRIVILEGES GRANTED IN THIS LEASE. NOTHING CONTAINED HEREIN, HOWEVER, SHALL PROHIBIT THE LESSOR FROM RENTING SPACE FOR OR CHARGING A REASONABLE FEE TO A CATERING SERVICE PROVID- ING FOOD PREPARED ON THE AIRPORT, OR FROM GRANTING FRANCHISES FOR THE OPERA- TION OF LIMOUSINE AND TAXICAB AND RENT -A-CAR SERVICES OR FROM CHARGING A FLOWAGE FEE TO OPERATORS VENDING FUELS AND LUBRICANTS ON THE AIRPORT] PRO- VIDED THAT NO SUCH FLOWAGE FEE WILL BE CHARGED FOR FUELS AND LUBRICANTS DELIVERED INTO LESSEE'S AIRCRAFT AT THE AIRPORT. THIS PROVISION IS NOT TO LIMIT THE RIGHT OF LESSOR TO LICENSE OR TAX IN A GENERAL OR NON- DISCRIMINATORY WAY ANY OFFICE OR BUSINESS OPERATION LOCATED OR CONDUCTED OUTSIDE THE BOUNDARIES OF THE AIRPORT AND WITHIN THE CORPORATE LIMITS OF LESSOR; AND IT IS NOT TO LIMIT LESSORS RIGHT TO IMPOSE GENERAL AND NON - DISCRIMINATORY AD VALOREM TAXATION ON PERSONAL OR REAL PRO- PERTY HAVING A TAXABLE SITUS WITHIN THE CORPORATE LIMITS OF LESSOR.. IF ANY TAXES OTHER THAN AD VALOREM OR GENERAL SALES TAXES ARE PAID BY LESSEE AS A RESULT OF ITS OPERATIONS1 THE FEES AND CHARGES IN ARTICLE VII HEREOF SHALL BE DIMINISHED IN LIKE AMOUNTS. ARTICLE IX DAMAGE OR DESTRUCTION OF LEASED PREMISES IF ANY PROPERTY, PART OR ALL OF WHICH IS LEASED TO LESSEE, SHALL BE PARTIALLY DAMAGED OR WHOLLY DESTROYED BY FIRE OR OTHER CASUALTY, LESSOR AT ITS OWN COST AND EXPENSE SHALL REPAIR OR RECONSTRUCT THE SAME WITH DUE DILIGENCE AND WITHIN A REASONABLE TIME; AND LESSEE'S RENTALS AND OTHER CHARGES WITH RESPECT TO SAID PROPERTY SHALL BE PROPORTIONATELY ABATED FROM THE HAPPENING OF SUCH DAMAGE OR DESTRUCTION UNTIL SUCH TIME AS THE PREMISES SHALL BE PUT IN ORDER. -7- ARTICLE X CANCELLATION BY LESSOR IN THE EVENT THAT LESSEE SHALL FILE A VOLUNTARY PETITION IN BANK- RUPTCY OR THAT PROCEEDINGS IN BANKRUPTCY SHALL BE INSTITUTED AGAINST IT AND LESSEE IS THEREAFTER ADJUDICATED BANKRUPT PURSUANT TO SUCH PROCEEDINGS, OR THAT THE COURT SHALL TAKE JURISDICTION OF LESSEE AND ITS ASSETS PURSUANT TO PROCEEDINGS BROUGHT UNDER THE PROVISIONS OF ANY FEDERAL REORGANIZATION ACT OR THAT A RECEIVER OF LESSEE'S ASSETS SHALL BE APPOINTED OR THAT LESSEE SHALL BE DIVESTED OF, OR BE PREVENTED BY ANY FINAL ACTION*OF ANY FEDERAL OR STATE AUTHORITY FROM CONDUCTING AND OPERATING ITS TRANSPORTATION SYSTEM FOR THE CARRIAGE OF PERSONS, PROPERTY AND MAIL BY AIRCRAFT AT THE AIRPORT, OR THAT LESSEE SHALL FAIL TO PERFORM, KEEP AND OBSERVE ANY OF THE TERMS, COVE- NANTS OR CONDITIONS HEREIN CONTAINED ON THE PART OF THE LESSEE TO BE PERFORMED, KEPT OR OBSERVED, THE LESSOR MAY GIVE THE LESSEE NOTICE IN WRITING TO CORRECT SUCH CONDITION OR CURE SUCH DEFAULT' AND, IF ANY SUCH CONDITION OR DEFAULT SHALL CONTINUE FOR THIRTY (30) DAYS AFTER THE RECEIPT OF SUCH NOTICE BY THE LESSEE, THE LESSOR MAY, AFTER THE LAPSE OF SAID THIRTY (30) DAY PERIOD AND PRIOR TO THE CORRECTION OF OR CURING OF SUCH CONDITION OR DEFAULT, TERMINATE THIS LEASE BY A TWENTY (20) DAYS WRITTEN NOTICE; AND THE TERM HEREBY DEMISED SHALL THEREUPON CEASE AND EXPIRE AT THE END OF SUCH TWENTY (20) DAYS IN THE SAME MANNER AND TO THE SAME EFFECT AS IF IT WERE THE EXPIRATION OF THE ORIGI- NAL TERM. IN THE EVENT THAT ANY DULY LICENSED AIR TRANSPORTATION COMPANY AUTHORIZED TO OFFER ANY DIRECTS INTERNATIONAL AIR PASSENGER SERVICE FROM CORPUS CHRISTI, TEXAS, CONTRACTS WITH THE CITY OF CORPUS CHRISTI, TEXAS, TO TAKE LEASE SPACE AT THE SAID INTERNATIONAL AIRPORT, BEGINNING AT A DATE CERTAIN, THE LESSEE SHALL VACATE THESE DEMISED PREMISES, IN ORDER THAT SUCH INTERNATIONAL AIR TRANSPORTATION COMPANY MAY HAVE FULL AND EXCLUSIVE USE OF SAID PREMISES WITHIN NINETY (90) DAYS AFTER ISSUE OF WRITTEN NOTICE TO VACATE ADDRESSED TO LESSEE AT ITS LAST DESIGNATED ADDRESS AND THE TERM HEREBY DEMISED SHALL THEREUPON, CEASE AND EXPIRE AT THE END OF SUCH NINETY (90) DAYS IN THE SAME MANNER AND TO THE SAME EFFECT AS IT IF WERE THE EXPIRATION OF THE ORIGINAL TERM. n. ARTICLE XI CANCELLATION BY LESSEE LESSEE, IN ADDITION TO ANY RIGHT OF CANCELLATION OR ANY OTHER RIGHT HEREIN GIVEN TO LESSEE, MAY SUSPEND OR CANCEL THIS LEASE IN ITS ENTIRETY OR SUSPEND OR TERMINATE ALL OR ANY OF ITS OBLIGATIONS HEREUNDER AT ANY TIMES BY THIRTY (30) DAYS' WRITTEN NOTICE, UPON OR AFTER THE HAPPENING OF ANY ONE OF THE FOLLOWING EVENTS: A. THE SUSPENSION OR TERMINATION OF LESSEE'S CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, OR LESSEE'S OBLIGATIONS OR RIGHTS IMPOSED BY CON- , TRACT OR OTHERWISE, TO THE FEDERAL GOVERNMENT FOR THE CARRIAGE OF UNITED STATES AIR MAIL TO, FROM OR THROUGH CORPUS CHRISTI, TEXAS B. DESIGNATION BY THE POST OFFICE DEPARTMENT, OR ANY OTHER COM- PETENT GOVERNMENTAL AUTHORITY, OF AN AIRPORT OTHER THAN SAID AIRPORT AS A TERMINAL POINT FOR CORPUS CHRISTI TEXAS, FOR THE RECEIVING AND DISPATCHING OF UNITED STATES AIR MAIL; OR THE LEASING BY LESSEE OF ANOTHER AIRPORT FOR SUCH PURPOSE; C. ANY FAILURE OR REFUSAL BY THE FEDERAL AVIATION AGENCY TO PERMIT LESSEE TO OPERATE INTO, FROM OR THROUGH SAID AIRPORT SUCH AIRCRAFT AS LESSEE MAY REASONABLY DESIRE SO TO OPERATE; D. THE BREACH BY LESSOR OF ANY OF THE COVENANTS OR AGREEMENTS HEREIN CONTAINED AND THE FAILURE OF LESSOR TO REMEDY SUCH BREACH FOR A PERIOD OF THIRTY (30) DAYS AFTER RECEIPT OF A WRITTEN NOTICE OF THE EXISTENCE OF SUCH BREACH; E. THE INABILITY OF LESSEE TO USE SAID PREMISES AND FACILITIES CON- TINUING FOR A LONGER PERIOD THAN'THIRTY (30) DAYS WHETHER DUE TO ANY LAW OR ORDER, RULE OR REGULATION OF ANY APPROPRIATE GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER THE PREMISES OR THE OPERATIONS OF LESSEE OR DUE TO WAR, EARTHQUAKE OR OTHER CASUALTY. IN THE EVENT THAT THE LESSEE SHALL SUSPEND THIS LEASE OR ANY OF ITS OBLIGATIONS, AS HEREIN PROVIDED, LESSEE SHALL HAVE THE FURTHER RIGHTS DURING SUCH SUSPENSION, TO CANCEL THIS LEASE OR ANY OF ITS OBLIGATIONS BY GIVING LES- SOR THIRTY (30) DAYS' WRITTEN NOTICE OF SUCH CANCELLATION AT ANY TIME PRIOR TO TERMINATION OF THE CONDITION OR EVENT WHICH GAVE RISE TO THE SUSPENSION; AND -9- IF LESSEE DOES NOT SO CANCEL, SUCH SUSPENSION SHALL TERMINATE SIXTY (GO) DAYS AFTER TERMINATION OF SUCH CONDITION OR EVENT AND WRITTEN NOTICE THEREOF FROM LESSOR TO LESSEE. THE PERIOD OF ANY SUSPENSION OF THIS LEASE IN ITS ENTIRETY SHALL BE ADDED TO THE TERM OF THIS LEASE OR ANY RENEWAL OR EXTENSION THEREOF. ARTICLE XII NON- WAIVER OF RIGHTS CONTINUED PERFORMANCE BY EITHER PARTY PURSUANT TO THE TERMS OF THIS AGREEMENT AFTER A DEFAULT OF ANY OF THE TERMS, COVENANTS AND CONDITIONS HEREIN CONTAINED TO BE PERFORMED, KEPT OR OBSERVED BY THE OTHER PARTY SHALL NOT BE DEEMED A WAIVER OF ANY RIGHT TO CANCEL THIS LEASE FOR SUCH DEFAULTI AND NO WAIVER OF ANY SUCH DEFAULT SHALL BE CONSTRUED OR ACT AS A WAIVER OF ANY SUB- SEQUENT DEFAULT. ARTICLE XIII SURRENDER OF POSSESSION LESSEE AGREES TO YIELD AND DELIVER TO LESSOR POSSESSION OF THE PREMISES EXCLUSIVELY LEASED HEREIN AT THE TERMINATION OF THIS LEASE, BY EXPI- RATION OF OTHERWISE, OR OF ANY RENEWAL OR EXTENSION HEREOF, IN GOOD CONDITION IN ACCORDANCE WITH ITS EXPRESS OBLIGATIONS HEREUNDER, EXCEPT FOR REASONABLE WEAR AND TEAR, FIRE OR OTHER CASUALTY, AND LESSEE SHALL HAVE THE RIGHT AT ANY TIME DURING SAIR TERM, OR ANY RENEWAL- OR EXTENSION HEREOF] AND FOR NINETY (90) DAYS AFTER THE TERMINATION HEREOF, TO REMOVE ANY BUILDINGS, STRUCTURES, OR FACILITIES IT MAY ERECT OR INSTALL ON THE PREMISES AND TO REMOVE ALL FIXTURES AND EQUIPMENT AND OTHER PROPERTY INSTALLED OR PLACED BY IT AT ITS EXPENSE, IN, ON OR ABOUT THE PREMISES HEREIN LEASED; SUBJECT, HOWEVER, TO ANY VALID LIEN WHICH LESSOR MAY HAVE THEREON FOR UNPAID RENTS OR FEES. ARTICLE XIV ASSIGNMENT OF LEASE LESSEE SHALL NOT AT ANY TIME ASSIGN THIS LEASE OR ANY PART THEREOF WITHOUT THE CONSENT IN WRITING OF LESSORS PROVIDED, HOWEVER, THAT WITHOUT SUCH CONSENT LESSEE MAY ASSIGN THIS LEASE TO ANY CORPORATION WITH WHICH THE LESSEE MAY MERGE OR CONSOLIDATE OR WHICH MAY SUCCEED TO THE BUSINESS OF THIS LESSEE, OR MAY SUBLET ANY OF THE SPACE LEASED EXCLUSIVELY TO THE LESSEE HERE- UNDER. ARTICLE XV INDEMNIFICATION THE LESSEE, UNDER THE TERMS OF THIS AGREEMENT, WILL NOT BE IN CONTROL OR POSSESSION OF SAID AIRPORT, EXCEPT AS TO THE PARTS THEREOF LEASED EXCLU- SIVELY TO LESSEE, AND LESSEE DOES NOT ASSUME RESPONSIBILITY FOR THE CONDUCT OR OPERATION OF THE SAID AIRPORT OR FOR THE PHYSICAL OR OTHER CONDITIONS OF THE SAME. HOWEVER, IT IS EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE LESSEE IS AND SHALL BE AN INDEPENDENT CONTRACTOR AND OPERATOR, RE- SPONSIBLE TO ALL PARTIES FOR ALL OF ITS ACTS OR OMISSIONS AND THE LESSOR SHALL IN NO WAY BE RESPONSIBLE THEREFOR. IT IS FURTHER AGREED THAT IN ITS USE AND ENJOYMENT OF THE FIELDS PREMISES AND FACILITIES HEREIN REFERRED TO, THE LESSEE WILL INDEMNIFY AND SAVE HARMLESS THE LESSOR FROM ANY AND ALL CLAIMS OR LOSSES THAT MAY PROXIMATELY RESULT TO THE LESSOR FROM ANY NEGLIGENCE ON THE PART OF THE LESSEES ITS DULY AUTHORIZED AGENTS OR EMPLOYEES, AND SHALL IN ALL WAYS HOLD THE LESSOR HARMLESS FROM SAME, PROVIDED THE LESSOR SHALL GIVE TO THE LESSEE PROMPT NOTICE OF ANY CLAIM, DAMAGE OR LOSS, OR ACTION IN RESPECT THERETO AND AN OPPORTUNITY SEASONABLY TO INVESTIGATE AND DEFEND AGAINST ANY CLAIM OR ACTION BASED UPON ALLEGED NEGLIGENT CONDUCT OF THE LESSEE OR ITS DULY AUTHORIZED AGENTS OR EMPLOYEES. THE LESSOR HEREUNDER AGREES TO MAINTAIN IN SAFE CONDITION ALL PLACES IN AND ABOUT SAID AIRPORT WHICH ARE USED BYE OR MADE ACCESSIBLE TO, THE PUBLIC, SUCH AS WAITING ROOMS LAVATORIES, PARKING LOTS, STREETS, SIDE- WALKS AND OTHER APPROACHES, ETC., AND LESSOR FURTHER AGREES TO INDEMNIFY AND HOLD LESSEE HARMLESS FROM ANY AND ALL CLAIMS, MADE BY PERSONS WHO ARE, HAVE BEEN, OR WILL BE PASSENGERS OF THE LESSEES AGAINST THE LESSEE ARISING OUT OF AND AS A RESULT OF THE CONDITION OF ANY OF THE PUBLICLY USED PREMISES IN AND ABOUT SAID AIRPORT AND LESSOR FURTHER AGREES TO REIMBURSE LESSEE FOR ANY AND ALL COSTS AND EXPENSES INCURRED IN DEFENDING OR SETTLING ANY SUCH CLAIMS. ARTICLE XVI NOTICES NOTICES TO THE LESSOR PROVIDED FOR HEREIN SHALL BE SUFFICIENT IF SENT BY REGISTERED MAIL, POSTAGE PREPAID, ADDRESSED TO: AIRPORT MANAGER P. 0. Box 1622 0'' CORPUS CHRISTI, TEXAS 781103, AND NOTICES TO THE LESSEE, IF SENT BY REGISTERED MAIL, POSTAGE PREPAID, ADDRESSED TO LESSEE, RIO AIRWAYS, INC., ROUTE 2, BOX 901, CORPUS CHRISTI, TEXAS, 78408, OR TO SUCH OTHER RESPECTIVE ADDRESSEE AS THE PARTIES MAY DESIGNATE IN WRITING FROM TIME TO TIME. ARTICLE XVII COVENANT NOT TO GRANT MORE FAVORABLE TERMS LESSOR COVENANTS AND AGREES NOT TO ENTER INTO ANY LEASES CONTRACT OR AGREEMENT WITH ANY OTHER AIR TRANSPORT OPERATOR WITH RESPECT TO THE AIRPORT CONTAINING MORE FAVORABLE TERMS THAN THIS LEASE OR TO GRANT TO ANY OTHER AIR TRANSPORT OPERATOR RIGHTS, PRIVILEGES OR CONCESSIONS WITH RESPECT TO THE SAID AIRPORT WHICH ARE NOT ACCORDED TO THE LESSEE HEREUNDER UNLESS THE SAME TERMS, RIGHTS, PRIVILEGES AND CONCESSIONS ARE CONCURRENTLY MADE AVAILABLE TO THE LESSEE. ARTICLE XVIII FEDERAL AVIATION AGENCY WHENEVER THE TERM "FEDERAL AVIATION AGENCY" IS USED IN THIS LEASE, IT SHALL BE CONSTRUED AS REFERRING TO THE FEDERAL AVIATION AGENCY CREATED BY THE FEDERAL GOVERNMENT ORIGINALLY AS THE CIVIL AERONAUTICS AUTHORITY UNDER THE CIVIL AERONAUTICS ACT OF 1938, OR TO SUCH OTHER AGENCY OR AGENCIES OF THE FEDERAL GOVERNMENT HAVING FROM TIME TO TIME SIMILAR JURISDICTION OVER THE LES- SEE OR ITS BUSINESS. ARTICLE XIX HEADINGS THE ARTICLE AND PARAGRAPH HEADINGS ARE INSERTED ONLY AS A MATTER OF CONVENIENCE AND FOR REFERENCE AND IN NO WAY DEFINE, LIMIT OR DESCRIBE THE SCOPE OR INTENT OF ANY PROVISION OF THIS LEASE. ARTICLE XX INVALID PROVISION IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT IN THE EVENT ANY COVENANT, CONDITION OR PROVISION HEREIN CONTAINED IS HELD TO BE INVALID BY ANY COURT OF COMPETENT JURISDICTION, OR -12- OTHERWISE APPEARS TO BOTH PARTIES TO BE INVALID, THE INVALIDITY OF ANY SUCH COVENANT, CONDITION OR PROVISION SHALL IN NO WAY AFFECT ANY OTHER COVENANT, CONDITION OR PROVISION HEREIN CONTAINED PROVIDED, HOWEVER, THAT THE INVALIDITY OF ANY SUCH COVENANT, CONDITION OR PROVISION DOES NOT MATERIALLY PREJUDICE EITHER THE LESSOR OR THE LESSEE IN ITS RESPECTIVE RIGHTS AND OBLIGATIONS CON- TAINED IN THE VALID COVENANTS, CONDITIONS OR PROVISIONS OF THIS LEASE. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THIS THE DAY OF 1969• ATTEST: CITY SECRETARY APPROVED DAY OF AUGUST, ig6g: CITY ATTORNEY RIO AIRWAYS, INC. BY LESSEE CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND, CITY MANAGER LESSOR That the foregoing ordinance was read for the ipt time and passed to its second reading on this the day of 194, by the following vote: Jack R. Blackmon Gabe Lozano, Jr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinance was s to its third reading on this the ,�/t.�..da} by the following vote: passed 6�1 1 Jack R. Blackmon Gabe Lozano, Sr. _ V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore C That the forveg ing onanc aas r d for the third time and passed finally on this the / day of 19, by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel , W. J. "Wrangler" Roberts Ronnie Sizemore PASSED AND APPROVED, this the ! / day of ATTEST• a-,, City ecr tar 4M&Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO GAL FORM THIS Tj1D DAY OF 190 City Attorney` // i 1 i j f 1 I -Y•_-I• -;d-`- - - -- ._._. ., k � T � c o -_�I • c a �1 k s E I I 3a- ; — - -•- - ._.__. -- � j k `� - -- _�- -_ - —_ - _ __ - -- _- ____ _�- R� - —� -�_� ----- - •�" Y � _� �'. 2J t`� _ _ `T. 1-14, � en :F -•�. p v. + f , 'I ( ? i � _ I � � I I • PLENUM —{�' ; ---� ' -- f `�� 1I i "_— -- -- - � ! - - -'-F j �'-- -- -- � �i � —__�_. —L 4 Y.} - -__ —_ (. ii' i � ' i � { ' -- - _ ° ..� _- _'. � � I .-.. _ ,►'i'H^�-�'!* �i• i�, *e " —!"t .�_'i —__' �' -•-c_ ,. — -- �; — — �-- 'Y v. - i PARE - ASTERN AIRLINES I, __ti_ ;L; OFFICE I23� ! i TRANS -TEXAS AlRWA`FS BIRANIF IN AIRWAI g� - _._— _- ! `, '` � I ,._, I ? �^ c�t��: -cY-,— k !T s i i i 1S;C'�! iAc� -r.�� s^ i ',✓!�•t`ri T s i' � i _ � r 114 ��� ` rt MANAGER RESERVATION 117 STORAGE MANAGER I24; ;� Ss: ;SAGE, I27 I s MECHANICAL. 153 I :v::k -� , - -- - -- - -- - - - - -- i- -- - i - 1 1 5 1 110 a.— I i i 1 CLO CLOS.i ji - _. _. - __ '� j � it '�'.�''•``:', ^a'` - a - - - - -{ ------ L - - - -4 x $13 - -�- - i `` - - I E f � i , -I2`�' ' -.i• ' � � � I F �' ,� i i �I -IatL Ira' I I STORAGE ' , OPE.RA.TIONS Q11- 1�Sy�.'�� .+ L� = T...�1 �•1 ! i • nf_ t�: ;��_LR -L' •�.' }:Li- i'_�_.k'_- i %._-�Lrr� l - -_ __ �I�� - -- — � i i —! ., _ - -- i! _ -- � Ir —._1 I �4,� f IF ', -t�wl � y � � _ - -- ____ �ir ; i } ! i 1n'1 j �• I ; i . i �i %y.i r'� - :fir`s r j�., T�!,dS'y i STdR;A GE 156 `' ELEC. 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