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HomeMy WebLinkAbout09978 ORD - 11/04/1970BJw:8/25 /70 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS INTERNATIONAL AIRLINES COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF 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 IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS INTERNATIONAL AIRLINES, 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 PARTREOF FOR ALL INTENTS AND PURPOSES u AS IF COPIED VERBATIM HEREIN. z THE STATE OF TEXAS 4 COUNTY OF NUECES Q THIS LEASE AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF , 1970, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, WITH AUTHORITY DULY CON- FERRED BY THE CITY COUNCIL, A MUNICIPAL CORPORATION, ORGANIZED AND EXIST- ING UNDER THE LAWS OF THE STATE OF TEXAS, SITUATED IN NUECES COUNTY, TEXAS, HEREINAFTER REFERRED TO SOMETIMES AS LESSOR, AND TEXAS INTERNATIONAL , HEREINAFTER SOMETIMES REFERRED TO AS LESSEE, w I T N E S S E T H ARTICLE 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 LESSEE, 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 ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART OF ORDINANCE _ ND. 79011 FOR MORE PARTICULAR REFERENCE, 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- WHERE GRANTED IN THIS AGREEMENT, THE LESSEE SHALL HAVE THE RIGHT TO USE THE AIRPORT FOR THE FOLLOI-11MG SPECIFIC PURPOSES: ' '(I) THE OPERATION OF A TRANSPORTATION SYSTEM BY AIRCRAFT FOR THE CARRIAGE OF PERSONS, PROPERTY AND MAIL, INCLUDING ALL ACTIVITIES REASON- ABLY NECESSARY TO SUCH OPERATION, HEREINAFTER • REFERRED TO AS "AIR TRANS- PORTATION it ; (2) THE LANDINGS TAKING OFF, LOADING, UNLOADING, REPAIR- ' ING, MAINTAINING CONDITIONING, SERVICING PARKING STORING AND TESTING -OF AIRCRAFT OR OTHER EQUIPMENT INCLUDING THE USE OF A REASONABLE A14OUNT OF CONVENIENTLY LOCATED RAMP AREA WHICH LESSOR WILL KEEP IN GOOD REPAIRS AND INCLUDING THE RIGHT TO ERECT OR INSTALL AND MAINTAIN ON SAID AIRPORT, AT LOCATIONS TO BE MUTUALLY AGRgED 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 SYSTEMS WITH THE RIGHT TO DESIGNATE THE PARTICUd R 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 GASOLINE, 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 THE APPROVAL OF THE AIRPORT W NAGER, SUCH APPROVAL NOT TO BE ARBITRARILY WITHHELD; [[ ' �6) THE INSTALLATION, MAINTENANCE AND OPERATION OF SUCH.RADIO, COMMUNICATION, METEOROLOGICAL AND AERIAL NAVIGATION EQUIPMENT AND FACILITIES INS ON AND ABOUT THE PREMISES HEREIN LEASED AND SAID AIRPORT AS PAY OE NECES- SARY OR CONVENIENT IN THE OPINION OF THE LESSEE, FOR ITS OPERATIC PROVIDED THAT THE LOCATION OF SUCH EQUIPMENT AND FACILITIES AS MIGHT INTERFERE WITH -2.. FULL AND PROPER USE OF THE AIRPORT SHALL •BE SUBJECT TO.THE APPROVAL OF THE AIRPORT MANAGER, 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 OPFRATIO14S 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 j, »( SQUARE FEET OF SPACE, WHICH INCLUDES 192 SQUARE FEET OF COUNTER SPACE, 9611 SQUARE FEET OF AIR CONDI- TIONED SPACE, AND 0 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 t ' AND SPECIFICATIONS. MARKED EXHIBIT "B", ATTACHED AND MADE A PART OF ORDINANCE N0. 7904 ON FILE IN THE OFFICE OF THE CITY SECRETARY FOR MORE PARTICULAR REFERENCE, 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 RENEWAL, TO LEASE FOR THE EXCLUSIVE USE OF ITSELF OR OF ANY AIR 'TRANSPORT COMPANY SUBSIDIARY TO OR AFFILIATED WITH IT, ANY ADDITIONAL SPACE AT THE AIRPORT 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 HEREUNDER OR OTHERWISE, TOGETHER WITH ANY OR ALL RIGHTS, FACILITIES, LICENSES, AND PRIVILEGES APPURTENANT TO SUCH SPACE'AND TO THE AIRPORT, 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. A MAXIMUM CHARGE OF $2.50 PER MONTH PER EMPLOYEE MAY BE MADE FOR THE USE OF THIS SPACE. THE CHARGE WILL BE LEVIED ONLY IN THE EVENT THAT ADDITIONAL PARKING SPACE MUST BE BUILT TO ACCOMMODATE EMPLOYEES' VEHICLES. E. RIGHT OF ACCESS, INGRESS AND EGRESS. THE FULL AND UNRESTRICTED RIGHTS OF ACCESS, INGRESS AND EGRESS WITH RESPECT TO THE PREMISES OUTLINED IN PARAGRAPHS A TO 0 ABOVE, FOR LESSEE, ITS EMPLOYEES, PASSENGERS, GUESTS, . -3- PATRONS, INVITEES, SUPPLIERS OF MATERIALS AND FURNISHERS OF SERVICE, ITS OR THEIR AIRCRAFT, EQUIPMENT, VEHICLES, MACHINERY AND OTHER PROPERTY, WITH- OUT 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 I, FOR A TERM COMMENCING ON THE 8TH DAY OF AUGUST, 1970, AND TER14INATING AT THE END OF THE 7TH DAY OF AUGUST, 1975, UNLESS SOONER TERM114ATED AS HEREIN- AFTER 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 PRIVI- LEGES HEREIN GRANTED, AND HAS FULL POWER AND AUTHORITY TO ENTER INTO THIS LEASE IN RESPECT THEREOF; AND COVENANTS THAT UPON PERFORMANCE OF THE AGREE - 14ENTS 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 PERSON14EL 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 OPERATE 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 FURNISIIEDP -AND WILL PROVIDE AND SUPPLY ADEQUATE LIGHTS ELECTRICITY AND WATER FOR THE PUBLIC SPACES HEAT RURING COLD WEATHER AND AIR CONDITIONING DURING WARN WEATHER SUFFICIENT TO KEEP THE BUILDING AT A REASONABLE TEMPERATURE; JANITORS AND OTHER CLEANERS NECESSARY TO KEEP THE AIRPORT AND ALL SPACES] INCLUDING LESSEE'S EXCLUSIVE SPACE, IN THE TERMINAL BUILDING AT ALL TIMES CLEANS NEAT, ORDERLY, SANITARY AND PRESENTABLE SUCH PERSONNEL AS MAY BE NECESSARY TO FACILITATE THE USE OF THE AIRPORT AND TERMINAL BUILDING AND THE APPURTENANCES, FACILITIES AND SERVICES AS AFORESAID BY ANY ONE HEREUNDER ENTITLED TO USE THE SAME. LESSOR AGREES THAT IT WILL PROVIDEp IN LESSEE'S EXCLUSIVE SPACE., DOMESTIC WATER, MECHANICAL_ EQUIP14CNT AND PIPING NECESSARY FOR COOLING AND HEATING LESSEE'S 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 DEPART14ENT 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 PRO14ULGATED AND EN- FORCED BY LESSOR FOR OPERATION AT SAID AIRPORT. ARTICLE V11 RE14TALS AND FEES LESSEE AGREES TO PAY LESSOR FOR THE USE OF ALL THE PRE141SESj FACILI- TI ESQ RI GHTS� LICENSES AND PRIVI LCGES GRANTED HEREUNDER THE FOLLOWING RENTALS FEES AND CHARGES: 1. TICKET COUNTER AREA Z. AIR CONDITIONED OFFICE SPACE 3. NON -AIR CONDITIONED SPACE IrJ $6.00 PER SQ. FT. PER ANNUM '5.50 PER SQ. FT. PER ANNUM 4.50 PER SQ. FT. PER ANNUM 4. $4.50 PER MONTH FOR EACH EXCLUSIVE PUBLIC ADDRESS MICROPHONE LOCATED IN LESSE;E' S EXCLUSIVE SPACE. 5• $4.50 PER MONTH FOR EACH INTER - COMMUNICATION INSTRUMENT LOCATED IN LESSEES EXCLUSIVE SPACE. IN THE EVENT THAT IT BECOMES MUTUALLY AGREEABLE TO INSTALL AN INTERCOMMUNICATION SYSTEM BY THE SOUTHWEST BELL TELEPHONE COMPANY SO THAT THE INTERCOMMUNICA- TION SYSTEM IS NOT PROVIDED BY LESSORS 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 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. S. LESSEE MAY FROM TIME TO TIME LEASE SPACE FOR THE STORAGE OF . FUELS AND PROPELLENTS AT A MUTUALLY AGREED UPON LOCATION ON THE AIRFIELDS 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 COSTS EXCLUSIVE OF LABORS TO LESSOR OF THE LAMPS ACTUALLY USED. 10. LANDING FEES WILL BE PAID BY LESSEE ACCORDING TO THE FOLLOWING SCHEDULE: FIRST YEARS 12¢, SECOND YEAR, 12¢, THIRD YEARS 13¢, FOURTH YEAR, 13¢, AND FIFTH YEAR, 13¢ PER THOUSAND POUNDS OF THE CERTIFIED MAXIMUM GROSS LANDING WEIGHT OF LESSEES AIRCRAFT LANDED AT THE AIRPORT. LANDING FEES WILL BE COMPUTED ON THE BASIS'OF THE ACTUAL.NUMBER OF LANDINGS MADE AT THE AIRPORT UNTIL THE INSTRUMENT LANDING SYSTEM AND RUNWAY 13 -31 ARE RE- COMMISSIONED. AFTER THAT DATES LANDING FEES WILL BE COMPUTED ON THE BASIS OF THE PUBLISHED SCHEDULE EFFECTIVE THE FIRST' DAY OF THE MONTH ON FILE WITH THE CIVIL AERONAUTICS BOARD. BUT NO CHARGE WILL BE MADE FOR COURTESY, TESTS TRNNING, OR ANY OTHER NON- REVENUE FLIGHT. 11. BAGGAGE CLAIM AREA WLLL BE PAID BY LESSEE AT THE RATE OF $243.75 PER ANNUM PLUS PERCENT (NA) OF ENPLANING PASSENGERS X $3,900 PER ANNUM. TO EFFECTUATE THIS RENTAL PROVISIONS IT IS UNDERSTOOD AND AGREED THAT THE BAGGAGE CLAIM AREA CONTAINING 3,750 SQ. FT. WILL BE PAID FOR JOINTLY BY BRA14IFF AIRWAYS EASTERN AIR LINES RIO AIRWAYS, AND TEXAS INTERNATIONAL AIR - LINES_, AT THE RATE OF $1.30 PER SQ. FT. PER ANNUM, 20% OF 1T�HE RENT WILL BE SHARED EQUALLY, WHICH IS $975 PER YEAR, OR $2'43.75 PER AIRLINE. THE REMAINING 80%, OR $3,900, WILL BE PAID ACCORDING TO THE FOLLOWING FORMULAS ENPLANING PASSENGERS OF INDIVIDUAL AIRLINE TOTAL PASSENGERS ENPLANED BY BRANIFF,' X $3,900 EASTERN TEXAS INTERNATIONALS AND R10 THE BAGGAGE CLAIM AREA RENT WILL BE CALCULATED MONTHLY, AND PAID IN THE SAME MANNER AS ALL OF THE OTHER RENTAL FEES. 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 LESSOR, AND PROVIDED THAT 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 -6- MONTH AT THE COM14ENCCMENT AND TERMINATION OF THIS AGREEMENT. ARTICLE VIII NO FURTHER CHARGES, FEES OR TAXES NO RENTALS FEES, LICENSEj• EXCISE OR OPERATING . TAXES TOLLS OR OTHER CHARGES] EXCEPT THOSE HEREIN EXPRESSLY PROVIDED SHALL BE CIIARG ED AGAINST OR COLLECTED FROM DIRECTLY OR INDIRECTLYj THE LESSEE OR ANY OTHER PERSON ENGAGED IN SUPPLYING LESSEES 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,AGREE- MENTS FOR WORKS MATERIALS OR SERVICES AT THE AIRPORT; OF TRANSPORTING, LOAD- ING, UNLOADING OR HANDLING PERSONS, PROPERTY OR MAIL TOE FRO14 OR ON SAID AIR- PORT; OR FOR ANY OTHER OF THE PREMISES, FACILI-TIES, RIGHTS] LICENSES AND PRIVILEGES GRANTED LN 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 A14D LUBRICANTS ON THE AIRPORT, PROVIDED THAT NO SUCH FLOWAGE FEE WILL BE CHANGED 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 L1141TS OF LESAOR; AND IT IS NOT TO LIMIT LESSOR'S RIGHT TO IMPOSE GENERAL AND NON- DISCRIMINATORY AD VALOREM TAXATION ON PERSONAL OR REAL PROPERTY 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 OPERATIQNS, 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. - 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 LESSEES 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, COVENANTS OR CONDITIONS HEREIN CONTAINED ON THE PART OF THE LESSEE TO BE PERFOR14EDS KEPT OR OBSERVED, THE LESSOR MAY GIVE THE LESSEE NOTICE IN WRITING TO CORRECT SUCH CONDITION OR CURE SUCH DEFAULTS ANDS IF ANY SUCH CONDITION OR DEFAULT SHALL CONTINUE FOR THIRTY (30) DAYS AFTER THE RECEIPT OF SUCH NOTICE BY THE LESSEE., THE LESSOR MAYS 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) DAY WRITTEN NOTICE; AND THE TERM HEREBY DEMISED SHALL THEREUPON CEASE AND EXPIRE AT THE END OF SUCH TWENTY (20) DAYS IN THE PA14E MANNER AND TO THE SAME EFFECT AS IF IT WERE THE EXPIRATION OF THE ORIGINAL TERM. 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 TIME, BY THIRTY (30) DAYS' WRITTE14 NOTICES UPON OR AFTER THE HAPPENING OF ANY ONE OF TIIE FOLLOWING EVENTS: A. THE SUSPENSION OR TERMINATION OF.LESSEE'S CERTIFICATE OF PUOLIC CONVENIENCE AND NECESSITY, OR LESSEE'S OBLIGATIONS OR RIGHTS IM1IPOSED BY CON- TRACT OR OTHERWISE TO THE FEDERAL GOVERNMENT FOR THE CARRIAGE OF UNITED la STATES AIR MAIL TOE FROM OR THROUGH CORPUS CHRISTI, TEXAS; B. DESIGNATION BY THE POST OFFICE DEPARTMENTS OR ANY OTHER COMPE- TENT GOVERNMENTAL AUTHORITYj OF AN AIRPORT OTHER THAN SAID AIRPORT AS A TERMINAL POINT FOR CORPUS CHRISTI TEXAS, FOR THE RECEIVING AND DISPATCH- ING 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 CONTINUING 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 RIGHT, DURING SUCH SUSPENSION, TO,CANCEL THIS LEASE OR ANY OF ITS OBLIGATIONS BY GIVING LESSOR THIRTY (30) DAYS' WRITTEN NOTICE OF SUCH CANCELLATION AT ANY TIME PRIOR TO TER141NATIQN OF THE aONDITION OR EVENT WHICH GAVE RISE TO THE SUSPENSION; AND, IF LESSEE DOES NOT SO CANCEL, SUCH SUSPENSION SHALL TERMINATE SIXTY (CO) DAYS AFTER TERMINATION OF SUCH CONDITION OR EVENT AND WRITTEN NOTICE THEREOF FROM LESSOR TO LESSEE. THE PERIOD OF ANY SUSPEN- SION OF THIS LEASE IN ITS ENTIRELY 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 DEFAULT, AND NO WAIVER OF ANY SUCH DEFAULT SHALL BE CONSTRUED OR ACT AS A WAIVER OF -9- ANY SUBSEQUENT 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 LEASES BY EXPIRATION OR 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 SAID 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 IN- STALLED OR PLACED BY IT AT ITS EXPENSES INP ON OR ABOUT THE PREMISES HEREIN LEASED; SUBJECT] HOWEVER, TO ANY VALID LIEN l-1HICH 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 THERE- OF WITHOUT THE CONSENT IN WRITING OF LESSOR; PROVIDED HOWEVER. THAT WITH- OUT SUCH CONSENT LESSEE MAY ASSIGN THIS LEASE TO ANY CORPORATIO14 WITH WHICH THE LESSEE MAY MERGE OR CONSOLIDATE OR WHICH IM Y SUCCEED TO THE BUSINESS OF THIS LESSEE, OR MAY SUBLET ANY OF'THE SPACE LEASED EXCLUSIVELY TO THE LESSEE HEREUNDER. ' ARTICLE XV NDEW4I Fl CATI ON THE LESSEE, UNDER THE TERMS OF THIS AGREEMENTp WILL NOT BE IN CONTROL OR POSSESSION OF SAID AIRPORT, EXCEPT AS TO THE PARTS THEREOF LEASED,EXCLUSIVELY 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. HOWEVERj IT IS EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE LESSEE IS AND SHALL BE AN INDEPENDENT CONTRACTOR AND OPERATOR, RESPONSIBLE TO ALL PARTIES FOR ALL OF ITS ACTS OR OMISSIONS AND THE LESSOR SHALL IN NO WAY BE RESPONSIBLE _10- THEREFOR. IT IS FURTHER AGREED THAT IN ITS USE AND ENJOYMENT OF THE FIELD PREMISES AND FACILITIES ' HERCIN REFERRED TOj THE LESSEE WILL INDEMNIFY AND SAVE HARMLESS THE LESSOR FRO14 ANY AND ALL CLAIMS OR LOSSES THAT MAY PROXI- MATELY RESULT TO THE LESSOR FRO14 ANY NEGLIGENCE ON THE PART OF THE LESSEE '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 NEGLIGE14T CONDUCT OF THE LESSEE OR ITS DULY AUTHORIZED - AGENTS OR EMPLOYEES. THE LESSOR HEREU14DER AGREES TO MAINTAIN IN SAFE CONDITION ALL PLACES IN AND ABOUT SAID AIRPORT WHICH ARE USED BYj OR 14ADE ACCESSIBLE TOE THE PUBLICS SUCH AS WAITING ROOMS LAVATORIES, PARKING LOTS] STREETS SIDE- WALKS AND OTHER APPROACHES ETC., AND LESSOR FURTHER AGREES TO INDEMNIFY AND HOLD LESSEE HARMLESS FRO14 ANY AND ALL CLAIMS MADE BY PERSONS WHO ARE, HAVE BEEN, OR WILL BE PASSENGERS OT• THE LESSEE, AGAINST THE LESSEE ARISING 1 • OUT OF AND AS ARESULT OF THE CONDITION OF ANY OF THE PUBLICLY USED PREMISES IN AND ABOUT SAID AIRPORT AND LESSOR FURTHER AGREES TO RE114BURSE 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 9277 CORPUS CHRISTI] TEXAS; AND NOTICES TO THE LESSEE, IF SENT BY REGISTERED MAID POSTAGE PREPAID ADDRESSED TO LESSEE, INTERNATIONAL AIRPORT. HOUSTON, TEXAS, OR TO SUCH OTHER RESPECTIVE ADDRESSES AS THE PARTIES MAY DESIGNATE IN WRITING FROM TIME TO TIME. ARTICLE XVII COVENANT 140T TO GRANT t-ME FAVORABLE TERMS LESSOR COVF14ANTS AND AGREES NOT TO ENTER INTO ANY LEASE] CONTRACT OR AGREEMENT WITH ANY OTHER AIR TRANSPORT OPERATOR WITH RESPECT TO THE 510 AIRPORT CONTAINING MORE FAVORABLE TERI•IS THAN THIS LEASE OR TO GRANT TO ANY OTHER AIR TRANSPORT' OPERATOR RIGHTS, PRIVILEGES OR CONCESSIONS WITH RESPECT TO THE SAID AIRPORT WHICH ARC NOT ACCORDED TO THE LESSEE HERE- UNDER UNLESS THE SAME TERMS, RIGHTS, PRIVILEGES AND CONCESSIONS ARE CON- CURRENTLY 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 T114E TO TIME SIMILAR JURISDICTION OVER THE LESSEE 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 14AY 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 A14D BETI -IEEN THE PARTIES HERETO THAT IN THE EVENT ANY COVENANT, CONDITION OR PROVISION HEREIN CONTAINED IS HELD TO BE INVALID BY ANY COURT OF COMPETENT JURISDIC- TION, OR 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 COITAINED IN THE.VALID COVENANTS CONDITIONS OR PROVISIONS OF THIS LEASE. -12- That the foregoing ordinance was read for the first time and passed to its second reading on this the 6✓ day of -� :ig& roAA t., , 19Zo, by the following vote: If Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordi read for t s c nd time and . assed to its third reading on this the —/! y7 — `D—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 That the fore `�[oi�ng ordinanc as read for the third time and passed finally on this the day of 19 7c0 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 4111 day of "� ��', 19 %O ATTES Alf m City SecretarJ CITY OF CORPUS CHRISTI, TEXAS ��OVED AS T GAL FORM THIS THE DY OF : %w 19�: ,, y Attorney ' That the foregoing ordinance was read for t" first time and passed to its second reading on this the 4&4ay of 19-7o , by the following vote: Jack R. Blackmon LZ 1-c- Gabe Lozano, Sr. LLLAAA��� V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinance yeas read the seco d time and passed to its third reading on this the ay of SAW& , 19 7,02 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 That the foregoing ordinance was read 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 , 19 ATTEST: City Secretary Y R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS THE DAY OF , 19_ ty Attorney PUBLISHER'S AFFIDAVIT STATE OF TEXAS, ts, County of Nueces. j Before me, the undersigned. a Notary Public- this day personally came ------- -- ..... T-el and .. .G... G... . ..... . .. — who being first duly sworn, according to law, says that he is the ... Ma4mg-sv of the Corpus Christi Caller and The Corpus Christi Times, Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of _L�ej..Notjce---AN ORDINANSE—City & International Airlines lof which the annexed is a true copy, was published in --&hP ... Y-1-M les ... . . . ...... ,on the—..5— day of..—Dct-ober.— 19.--Uand once each...—Uy—thereafter 12, 1970. 66 Subscribed and sworn to before me this ..... Kenneth H„ It Notary Public, Nueces County, Texas -.v aumarlxirq find dl- ecrinp Ih< Clty ManaBCr eCUN lease agreement between the C" . at Carpus ChrLStl and Texas Interrw• }lanai Alrllrres, mveringg the rental t�pvnm at the Interrmtlohal Alrpvrf, a being the al{c.1 . I at 1,1]6 square fact and the use of other fvcllllles at eald Internallonol Alr.rt, aII M which are Incident to the .- il.. of camme"I" "'U"; the rental and tees Mr the use of said faculties are as Mllows: L—ee.,Fee. to pay Lessor for Ihv Ilahtsmlicseshand Orlvllses Ivclllttes, eges .rooted. i �¢urAn�'r, the Ml lowing fenfvls, levy 1. Ticket Counter Area 56.00 per q, fl. per annum 2. Air Canaitlpned Office Space �u3- "r an AIH pCa 4Vlpned OW — an SA50 par sq. 11, per anmrm " a. $050 per mvnln for each exdu or- grpvlded byl rge shall Irol M� to vaY for the umed by Lessen' �Ixlce an q me- t. IIeId wana tri en behveen 7hej acatlmu as may, won, Mr the time slvrvge tf fuel agreed muluallya a . pan mul..Ilyolly agrees Iles. 1P the elecirlcvl' e clusTv Ve area e amen,vea 1 ily lamps clually' Ulm EI`d�aening Pa9eerlgere of IndlVldunl Tvlllal pa55 90. analaaed by RrgnlH, Evstem. TaxW Intamaflanal, and RIO 0,900 IIThe baggage claim area rent will bet calculated monthly, and paW In the "me ma'nm ci all tf the others. The and ees hove listed ntvis W t Shall become due and payable on a e era a 151 Ynr pert ing a the B1M1 dpy of L. "�ermm mng the ng,_ _ pravdG laaald TSecretary M CarUS Chrlsll, Tas __ r.l�