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HomeMy WebLinkAbout12816 ORD - 09/24/1975JKH:VMR :9 -23 -75 ;1ST TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH R & H ASSOCIATES FOR ADVERTISING RIGHTS AT THE INTERNATIONAL AIRPORT, FOR A TERM OF ONE YEAR WITH AN OPTION TO RENEW ON A YEARLY BASIS, ALL AS MORE FULLY SET FORT! IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH R & H ASSOCIATES FOR ADVERTISING RIGHTS AT THE INTERNATIONAL AIRPORT, FOR A TERM OF ONE YEAR WITH AN OPTION TO RENEW ON A YEARLY BASIS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "AI', AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID CONTRACT AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS JNTRO- DUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY 50 ORDAINED, THIS THE a- DAY OF SEPTEMBER, 1975- ATTEST: CI SECRETA Y M YOR THE CITY OF CORPUS CHRISTI, �EXAS APPgOVED: 2!E DAY OF SEPTEMBER, 1975: ENO W, .i- '.Y 12816 AGREEMENT THE STATE OF TEXAS ) ) COUNTY OF NUECES ) WHEREAS, THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS, HEREINAFTER CALLED 11CITY ", OPENED BIDS ON THE ADVERTISING CONCESSION FOR THE CORPUS CHRISTI INTERNATIONAL AIRPORT ON September 2, 197_5 AND WHEREAS, Q & H Associates y HEREINAFTER CALLED "CONTRACTOR ", SUBMITTED THE BEST AND MOST ADVANTAGEOUS BID AND SAID BID WAS ACCEPTED BY THE CITY COUNCIL ON September 2, 1975 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PAYMENTS, UNDER- TAKINGS AND COVENANTS RECITED HEREIN, DO THE CITY AND CONTRACTOR HEREBY COVENANT, AGREE AND CONTRACT AS FOLLOWS: WITNESSETH• SECTION 1. GENERAL THAT FOR AND IN CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREINAFTER MENTIONED TO BE MADE BY CONTRACTOR, CITY DOES HEREBY GRANT AN EXCLUSIVE RIGHT AND PRIVILEGE TO DEVELOP ADVERTISING DISPLAYS IN SUCH ADVERTISING SPACE IN THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS MAY BE DESIGNATED BY THE AIRPORT MANAGER TO BE SO USED AND TO SOLICIT AND MAKE CONTRACTS IN ITS OWN NAME FOR ADVERTISING AND EXHIBIT MATERIAL TO BE DISPLAYED THEREIN. THE APPROXIMATE NUMBER, TYPES AND SIZES OF ADVERTISING AND EXHIBIT SPACES, PRO- VIDED IN THE AIRPORT IS SET FORTH ON EXHIBIT "A" ATTACHED HERETO. ADDITIONAL LOCATIONS MAY BE AUTHORIZED FROM TIME TO TIME BY THE CITY AS BEING AVAILABLE TO CONTRACTOR AT THE SOLE DISCRETION OF THE AIRPORT MANAGER. SECTION 2. TERM OF AGREEMENT THE TERM OF THIS AGREEMENT SHALL BE FOR A PERIOD OF ONE (1) YEAR COMMENCING ON , AND SHALL BE EXTENDED THEREAFTER FROM YEAR TO YEAR UNLESS CANCELLED BY THE CITY OR CONTRACTOR AT THE END OF ANY YEAR ON NOT LESS THAN 90 DAYS PRIOR WRITTEN NOTICE. SECTION 3. PERCENTAGE FEES AND PAYMENTS IN CONSIDERATION OF THE FOREGOING, CONTRACTOR AGREES TO PAY TO THE CITY PERCENTAGES OF THE GROSS TOTAL RECEIPTS ARISING FROM THIS AGREEMENT OR ITS AUTHORIZED REPRESENTATIVE DURING ANY NORMAL BUSINESS HOURS AT THE OFFICES OF CONTRACTOR. SECTION 6. OFFICE AND STORAGE SPACE THE CITY SHALL PROVIDE SPACE FREE OF CHARGE TO CONTRACTOR FOR HANDLING AND STORAGE AS AVAILABLE, AT A LOCATION TO BE DESIGNATED BY THE AIRPORT MANAGER. SECTION 7. LAWS, ORDINANCES AND REGULATIONS CONTRACTOR SHALL COMPLY WITH ALL LAWS, ORDINANCES, REGULATIONS AND RULES OF THE CITY AND THE FEDERAL, STATE, COUNTY AND CITY GOVERNMENTS WHICH MAY BE APPLICABLE TO ITS OPERATION UNDER THIS AGREEMENT. SECTION H. SCHEDULE OF RATES CONTRACTOR SHALL SUBMIT TO THE AIRPORT MANAGER A SCHEDULE OF MONTHLY RATES TO BE APPLIED TO THE ADVERTISING AND EXHIBIT LOCATIONS WHICH WILL BE SUBJECT TO REVISION BY CONTRACTOR ONLY WITH THE CONCURRENCE OF THE CITY, BUT WITH THE UNDERSTANDING THAT THEY SHALL BE SUBJECT TO QUANTITY PURCHASE DIS- COUNTS AND TO THE STANDARD 15% DEDUCTION WHENEVER SUCH LOCATIONS MAY BE PURCHASED BY AN ADVERTISERS RECOGNIZED ADVERTISING AGENCY, AND THE STANDARD 15%o DEDUCTION OR COMMISSION IS ACTUALLY ALLOWED AND TO THE OTHER EXCLUSIONS FROM GROSS RECEIPTS INDICATED IN SECTION 3 OF THIS AGREEMENT. THE INITIAL MINIMUM GROSS MONTHLY RATES IN EXCESS OF THE EXCLUSIONS LISTED IN SECTION 3, TO BE CHARGED ADVERTISERS FOR UNITS SHOWN ON EXHIBIT "A" ARE AS FOLLOWS: RATE PERCENTAGE A. ILLUMINATED WALL DIORAMA D15PLAYS aL 459' B. FLOOR SHOWCASES AND DIORAMAS ,T5n C. FLAT PANEL POSTERS -M-tor %V - D. SELF - CONTAINED FLOOR EXHIBITS, 2 posters INCLUDING AUTOMOBILES RTS Affl/ E. HOTEL RESERVATION TELEPHONE INSTALLATIONS 5n__ Ier lust SO% - F. CLOCK DISPLAY INSTALLATIONS ,705 _45% G. GENERAL INFORMATION CENTER AND SIMILAR INSTALLATIONS j1ajLt}le, , 4M depends upon nature of inst. SECTION 9. APPROVAL OF ADVERTISING MATERIAL ALL ADVERTISING MATERIAL AND EXHIBIT MATERIAL, ADVERTISEMENTS, AND MANNER OF PRESENTATION SHALL BE SUBJECT TO APPROVAL BY THE CITY. THE CITY MAY DISAPPROVE ANY SUCH ITEMS AT ITS OWN DISCRETION. CONTRACTOR WILL IMMEDIATELY REMOVE FROM THE AIRPORT PREMISES, AT ITS SOLE COST AND EXPENSE, UPON WRITTEN DEMAND OF THE CITY, OR ITS AUTHORIZED REPRESENTATIVE, ANY DISPLAY SHOWCASE, SIGN, POSTER OR OTHER ADVERTISING MATERIAL WHICH MAY BE CONSIDERED OBJECTIONABLE BY THE CITY. IN THE EVENT THAT SUCH MATTER IS NOT REMOVED IMMEDIATELY UPON -3- AS FOLLOWS: WITH A GUARANTEE OF a ^a nallavc 1 $2,ODQ.00 .), PAYABLE AT THE END OF EACH YEAR. THE TERM "GROSS RECEIPTS" AS USED HEREIN SHALL BE DEFINED AS THE AMOUNT RECEIVED BY CONTRACTOR FROM ADVERTISERS OR THEIR AGENCIES FOR THE USE OF ADVERTISING SPACE UNDER THIS AGREEMENT, AS SET FORTH IN SECTION 8, BUT SHALL NOT INCLUDE ANY AMOUNT PAID BY ADVERTISERS IN CONNECTION WITH DESIGN, FABRICATION OR INSTALLATION OF THE ADVERTISERS' DISPLAYS OR ANY AMOUNT PAID BY THE ADVERTISERS TO CONTRACTOR FOR TELEPHONE SERVICE. IT IS FURTHER UNDER- STOOD THAT SUCH GROSS RECEIPTS SHALL NOT INCLUDE STANDARD COMMISSIONS PAID TO ADVERTISERS' RECOGNIZED ADVERTISING AGENCIES, QUANTITY PURCHASE DISCOUNTS ACTUALLY ALLOWED, OR ANY TAXES IMPOSED BY LAW WHICH ARE SEPARATELY STATED TO AND PAID BY A CUSTOMER AND DIRECTLY PAYABLE BY CONTRACTOR. PERCENTAGE PAYMENTS SHALL BE MADE BY CONTRACTOR TO THE CITY ON OR BEFORE THE FIFTEENTH DAY OF THE MONTH SUCCEEDING THAT IN WHICH THE GROSS RECEIPTS WERE RECEIVED, TOGETHER WITH THE RESPECTIVE GROSS RECEIPTS REPORT UPON WHICH PERCENTAGE PAYMENTS ARE BASED AND COMPUTED. CONTRACTOR SHALL PAY AND SUBMIT ALL REPORTS AND PAYMENTS REQUIRED BY THIS AGREEMENT TO THE ADDRESS SHOWN BELOW, UNTIL CHANGED BY WRITTEN NOTIFICATION: AIRPORT MANAGER CORPUS CHRISTI INTERNATIONAL AIRPORT ROUTE 2, BOX 902 CORPUS CHRISTI, TEXAS 78408 SECTION 4. NON - DISCRIMINATION CONTRACTOR, IN EXERCISING ANY OF THE RIGHTS OR PRIVILEGES HEREIN GRANTED TO IT, SHALL NOT ON THE GROUNDS OF RACE, COLOR OR NATIONAL ORIGIN DISCRIMINATE OR PERMIT DISCRIMINATION AGAINST ANY PERSON OR GROUP OF PERSONS IN ANY MANNER PROHIBITED BY PART 15 OF THE FEDERAL AVIATION REGULATIONS. THE CITY IS HEREBY GRANTED THE RIGHT TO TAKE SUCH ACTION, ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, AS THE UNITED STATES MAY DIRECT TO ENFORCE THIS NON- DISCRIMINATION COVENANT. SECTION 5. RECORDS CONTRACTOR SHALL KEEP TRUE AND ACCURATE RECORDS OF ALL TRANSACTIONS PERTAINING TO THIS AGREEMENT. SUCH RECORDS SHALL BE OPEN TO AUDIT BY CITY —2— RECEIPT OF WRITTEN DEMANDS THE CITY'S AUTHORIZED REPRESENTATIVE MAY REMOVE SAID MATERIAL OR DISPLAY AND CONTRACTOR WILL PAY ANY WAREHOUSE OR STORAGE RENTAL INCURRED BY SUCH ACTION. THE CITY OR ITS AUTHORIZED REPRESENTATIVE SHALL NOT IN ANY WAY BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO THE EQUIPMENT OR MATERIALS SO REMOVED. IN ADDITION TO AND IN CONNECTION WITH THE REQUIREMENT OF CITY APPROVAL OF ADVERTISING MATERIAL) IT IS EXPRESSLY AGREED THAT THERE WILL BE NO POLITICAL AND /OR ALCOHOLIC BEVERAGE ADVERTISING DISPLAYED. BY POLITICAL ADVERTISING IS MEANT ANY AND ALL CAMPAIGNS OR ISSUES WHEREIN CONTROVERSY OR DIFFERING OPINIONS WITHIN THE COMMUNITY EXIST INCLUDING BUT NOT LIMITED TO, LOCAL CAMPAIGNS STATE CAMPAIGNSy NATIONAL CAMPAIGNS, REFERENDUMS, AND /OR BOND ISSUES. BY ALCOHOLIC BEVERAGES IS MEANT ANY AND ALL BEVERAGES CONTAINING ALCOHOL IN ANY QUANTITY INCLUDING, BUT NOT LIMITED TOE LIQUOR, WHISKEY, DISTILLED SPIRITS, VINEOUS SPIRITS, BREWED SPIRITS BEER, WINE AND /OR CHAMPAGNE. SECTION 10. FACILITIES AND SERVICES TO BE PROVIDED BY CITY THE CITY SHALL: A. FURNISH THE WALL SPACES AND /OR OTHER AREAS IN THE CONDITION REQUIRED TO ACCEPT DISPLAY CASES AND EXHIBITS IN THE NUMBER, APPROXIMATE SIZES, AND TYPES AS SHOWN ON EXHIBIT "A" ATTACHED HERETO, AND ANY APPROVED ADDITIONAL LOCATIONS, EXCEPT THAT ANY ALTERATIONS OR INSTALLATIONS SHALL BE MADE AT THE EXPENSE OF CONTRACTOR. B. SUPPLY ELECTRICAL OUTLETS AT EACH DESIGNATED ADVERTISING OR EXHIBIT SPACE CALLED FOR IN EXHIBIT "A" AND ANY APPROVED ADDITIONAL LOCATIONS (EXCEPT FOR FLAT PANEL POSTER LOCATIONS). C. PROVIDE ELECTRICAL CURRENT IN REASONABLE AMOUNTS FOR THE LIGHTING OF ADVERTISING MATERIAL AND FOR THE OPERATION OF THE DISPLAYS. D. TRANSMIT TO CONTRACTOR INQUIRIES PERTAINING TO ITS ADVERTISING DISPLAYS INCLUDING DISPLAY SPACE RENTAL IN THE AIRPORT WITHIN A REASONABLE PERIOD AFTER RECEIPT. E. WITHOUT INCURRING ANY LIABILITY FOR PROPERTY DAMAGE WHATSOEVER, PROVIDE NORMAL POLICE SURVEILLANCE AND PROTECTION OF THE DISPLAYS AGAINST VANDALISM OR TRESPASS AND WILL REPORT TO CONTRACTOR THE DISCOVERY OF ANY DAMAGE OR UNSIGHTLY APPEARANCE REQUIRING IMMEDIATE CORRECTION. SECTION 11. SERVICES AND EQUIPMENT TO BE FURNISHED BY CONTRACTOR THE CONTRACTOR SHALL: A. FURNISH MOUNT, AND CONTINUOUSLY MAINTAIN IN A CLEAN AND FIRST - CLASS CONDITION DURING THE ENTIRE TERM OF THIS AGREEMENT AT ITS SOLE COST AND EXPENSE, ALL ADVERTISING CASES, FRAMES, MOUNTINGS, AND ANY OTHER MATERIALS NECESSARY FOR PROPER ADVERTISING DISPLAYS. B. PROVIDE AN EXPERIENCED SALES FORCE ADEQUATE TO MAINTAIN AS FULLY AS IS REASONABLY POSSIBLE A 100 PERCENT RENTAL AND OCCUPANCY OF ALL AVAILABLE ADVERTISING DISPLAY SPACE COVERED BY THIS AGREEMENT. C. PROVIDE ADEQUATE PRODUCTION PERSONNEL TO ASSURE THE UTMOST IN DESIGN AND CONSTRUCTION OF EXHIBITS AND ADVERTISING MATERIAL TO BE INSTALLED OR USED IN SAID DISPLAYS. D. ERECT ALL DISPLAY INSTALLATIONS AND INSERT ALL ADVERTISING MATTER WHENEVER POSSIBLE AT HOURS OF MINIMUM PASSENGER AND VISITOR ACTIVITY WITHIN AIRPORTS OR AT SUCH HOURS AS ARE APPROVED BY THE AIRPORT MANAGER OR HIS DESIGNATED REPRESENTATIVE. E. PROVIDE THE NECESSARY PERSONNEL TO INSURE THE CORRECT OPERATION AND MAINTENANCE OF DISPLAY CASES AND DISPLAYS OR OTHER ADVERTISING MATTER THEREIN LOCATED. F. DETERMINE A SCHEDULE OF RATES FOR ALL ADVERTISING DISPLAYS AND SUBMIT SAME TO CITY FOR APPROVAL BEFORE OFFERING TO POTENTIAL PROSPECTS OR PUBLICATION THEREOF; PREPARE FORM OF CONTRACT WITH ADVERTISERS AND THEIR AGENTS AND SUBMIT SAME TO CITY FOR APPROVAL PRIOR TO OFFERING TO ADVERTISERS. SECTION 12. DEPRIVAL OF ADVERTISING SPACE IF CONTRACTOR 15 DEPRIVED OF ITS ADVERTISING SPACE IN SAID AIRPORT BECAUSE THE PREMISES ARE RENDERED UNTENANTABLE OR UNFIT FOR THE USES AND PURPOSES CONTAINED IN THIS AGREEMENT, WITHOUT FAULT ON THE PART OF CONTRACTOR ITS EMPLOYEES AGENTS OR INDEPENDENT CONTRACTORS, OR IF THE PUBLIC IS DENIED NORMAL ACCESS TO THE AIRPORT OR TO ANY PARTS OF THE AIRPORT CONTAINING ADVERTISING DISPLAYS OF CONTRACTOR, FOR ANY REASON, THE CITY SHALL MAKE FOR SUCH PERIODS A PROPORTIONATE ABATEMENT OF THE PAYMENTS DUE HEREUNDER. IF WITHIN 90 DAYS AFTER THE PREMISES HAVE BEEN RENDERED UNTENANTABLE OR UNFIT AS ABOVE DESCRIBED OR THE PUBLIC HAS BEEN DENIED NORMAL ACCESS TO THE AIRPORT, SAID PREMISES SHALL NOT HAVE BEEN REPAIRED OR RECONSTRUCTED, OR PLACED IN OPERATION, CONTRACTOR MAY GIVE THE CITY WRITTEN NOTICE OF ITS INTENTION TO CANCEL THIS AGREEMENT IN ITS ENTIRETY AS OF THE DATE OF SUCH DAMAGE OR DESTRUCTION OR DENIAL OF ACCESS, WITHOUT ANY LIABILITY BEING INCURRED THEREBY ON THE PART OF CONTRACTOR OR THE CITY. SECTION 13. INGRESS AND EGRESS SUBJECT TO THE REASONABLE RULES OF THE CITY, CONTRACTOR, ITS EMPLOYEES SERVANTS, PATRONS INVITEES SUPPLIERS OF MATERIALS AND FURNISHERS OF SERVICES SHALL HAVE THE RIGHT OF INGRESS TO AND EGRESS FROM THE PREMISES. SECTION 0. ASSIGNMENT AND SUBLETTING THIS AGREEMENT SHALL NOT BE ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE ENCUMBERED WITHOUT THE PRIOR APPROVAL OF THE CITY. CONTRACTOR SHALL NOT SUBLET THE USE OR OPERATION OF ANY PART OF THE PREMISESp NOR SHALL THE PREMISES BE UTILIZED FOR ANY PURPOSE THAN PERFORMANCE UNDER THIS AGREEMENT, WITHOUT THE PRIOR APPROVAL OF THE CITY. -5- SECTION 15. INSURANCE AND LIABILITY (A) CONTRACTOR SHALL INDEMNIFY AND SAVE'HARMLESS THE CITY ITS AGENTS OR EMPLOYEES FOR ALL SUITS AND ACTIONS OF EVERY NAME AND DESCRIPTION BROUGHT AGAINST THEM OR WHICH MAY RESULT, FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGE RECEIVED OR SUSTAINED BY ANY PERSONS PERSONS OR PROPERTY, BY OR FROM ACTS OF THE SAID CONTRACTOR, ITS AGENTS, SERVANTS, OR EMPLOYEES, PERFORMED ON THE PREMISES OF THE AIRPORT. (e) CONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE CITY, ITS AGENTS, OR EMPLOYEES, AGAINST ANY CLAIMS OR LIABILITY ARISING FROM OR BASED UPON THE VIOLATION OF ANY FEDERAL, STATE, COUNTY OR CITY LAWS, BY —LAWS, ORDINANCES OR REGULATIONS1 BY SAID CONTRACTOR, ITS AGENTS, SERVANTS OR EMPLOYEES. (C) IN THE EVENT THAT FIRE DAMAGE OR DAMAGE BY OTHER CASUALTY IS SUSTAINED AT ANY TIME TO THE TERMINAL BUILDING(S), THE CITY SHALL HAVE THE OPTION TO: (1) TERMINATE THIS AGREEMENT, IN WHICH EVENT THE RENT PAYABLE BY CONTRACTOR SHALL ABATE, AND ANY PREPAID PORTION THEREOF BE REFUNDED; OR (2) REPAIR SAID DAMAGE WITHIN A REASONABLE TIME AT THE CITY'S EXPENSE, IN WHICH EVENT THE RENT PAYABLE BY CONTRACTOR HEREUNDER SHALL ABATE FOR ONLY SO LONG A TIME AS AND ONLY IN THE EVENT THAT SAID PREMISES ARE IN UNTENANTABLE CONDITION OR THE PUBLIC IS DENIED ACCESS TOTHE PREMISES. (D) PROTECTION AGAINST LOSS BY FIRE OR OTHER CASUALTY TO THE CONTENTS OF THE PREMISES LEASED SHALL NOT AT ANY TIME BE AN OBLIGATION OF THE CITY. (E) CONTRACTOR COVENANTS AND AGREES TO PROVIDE AND KEEP IN FORCE PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE, WITH PUBLIC LIABILITY COVERAGE OF NOT LESS THAN $100,000.00 FOR EACH PERSON AND $300,000.00 FOR EACH ACCIDENT AND PROPERTY DAMAGE COVERAGE OF NOT LESS THAN $25o000.C10, INDEMNIFYING THE CITY AGAINST ANY PUBLIC LIABILITY OR PROPERTY DAMAGE CLAIMS, AND TO FURNISH THE CITY AT ALL TIMES WITH AN APPROPRIATE CERTIFICATE FROM THE INSURANCE CARRIER SHOWING THE INSURANCE TO BE IN FORCE, WHICH CERTIFICATE SHALL ALSO BE TO THE EFFECT THAT SUCH INSURANCE SHALL NOT BE CHANGED OR CANCELLED WITHOUT TEN DAYS PRIOR WRITTEN NOTICE THEREOF TO THE CITY. SECTION 16. TERMINATION BY CITY IN ADDITION TO ANY OTHER TERMINATION RIGHTS CONTAINED IN THIS AGREEMENT, THE CITY SHALL HAVE THE RIGHT UPON THIRTY DAYS WRITTEN NOTICE TO CONTRACTOR, EXCEPT FOR NON — PAYMENT OF FEES, IN WHICH CASE SUCH NOTICE SHALL -6- BE SEVEN DAYS, OR EXCEPT FOR BANKRUPTCY, IN WHICH CASE THE TERMINATION MAY BE IMMEDIATE, TO TERMINATE THIS AGREEMENT ANY TIME AFTER THE OCCURRENCE OF ANY ONE OR MORE OF THE FOLLOWING EVENTS: A. NON - PAYMENT OF FEES DUE TO THE CITY AND SUCH NON - PAYMENT SHALL CONTINUE FOR A TEN -DAY PERIOD FOLLOWING NOTICE IN WRITING OF SUCH NON- PAYMENT. B. IF ANY PETITION SHALL BE FILED BY OR AGAINST CONTRACTOR TO DECLARE IT A BANKRUPT OR TO DELAY, REDUCE, OR MODIFY ITS DEBTS OR OBLIGATIONS, OR IF IT BE DECLARED INSOLVENT ACCORDING TO LAW, OR IF ANY ASSIGNMENT OF CONTRACTOR'S PROPERTY SHALL BE MADE FOR THE BENEFIT OF CREDITORS, OR IF A RECEIVER OR TRUSTEE IS APPOINTED FOR IT OR ITS PROPERTY, THE CITY MAY TREAT THE OCCURRENCE OF ANY ONE OR MORE OF THE FOREGOING EVENTS AS A BREACH OF THE AGREEMENT AND THEREUPON MAY TERMINATE THE AGREEMENT WITHOUT NOTICE, AND IMMEDIATELY ENTER AND REPOSSESS THE SPACES COVERED HEREUNDER. C. ABANDONMENT BY CONTRACTOR OF AND DISCONTINUANCE OF OPERATIONS HEREUNDER. D. NON- PERFORMANCE OF ANY COVENANT OF THIS AGREEMENT, EXCLUDING THE COVENANT OF PAYMENTS HEREIN CONTAINED, AND FAILURE OF CONTRACTOR TO REMEDY SUCH BREACH WITHIN A PERIOD OF THIRTY DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM THE CITf OF THE EXISTENCE OF SAID BREACH. E. CONTRACTOR BECOMES PERMANENTLY DEPRIVED OF THE RIGHTS, POWERS AND PRIVILEGES NECESSARY TO THE PROPER CONDUCT AND'OPERATIONS OF THE FACILITIES SPCCIFIED IN THE AGREEMENT. F. DAMAGE BY FIRE OR OTHER CASUALTY TO THE PREMISES AS SET FORTH IN SECTION 15 HEREIN. SECTION 17. TERMINATION BY CONTRACTOR IN ADDITION TO ANY OTHER TERMINATION RIGHTS CONTAINED IN THIS AGREEMENT, THIS AGREEMENT SHALL BE SUBJECT TO TERMINATION BY CONTRACTOR IN THE EVENT OF ANY ONE OR MORE OF THE FOLLOWING EVENTS: A. THE PERMANENT ABANDONMENT OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS AN AIR TERMINAL. B. THE LAWFUL ASSUMPTION BY THE UNITED STATES GOVERNMENT, OR ANY AUTHORIZED AGENCY THEREOF, OF THE OPERATION,CONTROL OR USE OF THE AIRPORT, OR ANY SUBSTANTIAL PART OR PARTS THEREOF IN SUCH A MANNER AS TO SUBSTANTIALLY RESTRICT CONTRACTOR FROM OPERATING THEREFROM FOR A PERIOD IN EXCESS OF NINETY DAYS. C. ISSUANCE BY ANY COURT OF COMPETENT JURISDICTION OF AN INJUNC- TION IN ANY WAY PREVENTING OR RESTRAINING THE USE OF THE AIRPORT, AND THE REMAINING IN FORCE OF SUCH INJUNCTION FOR A PERIOD IN EXCESS OF NINETY DAYS. D. THE DEFAULT BY THE CITY IN THE PERFORMANCE OF ANY COVENANT OR AGREEMENT HEREIN REQUIRED TO BE PERFORMED BY THE CITY, AND THE FAILURE OF THE CITY TO REMEDY SUCH DEFAULT FOR A PERIOD OF SIXTY DAYS AFTER RECEIPT OF WRITTEN NOTICE BY CONTRACTOR TO REMEDY THE SAME. UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, CONTRACTOR AT ITS SOLE COST AND EXPENSE, SHALL REMOVE FROM THE PROPERTY AND PREMISES OF THE CITY ALL ADVERTISING FRAMES, CONTRIVANCES, EQUIPMENT AND MATERIALS WHICH CONTRACTOR AND THOSE CLAIMING BY, THROUGH, OR UNDER IT WERE PERMITTED TO INSTALL -7- OR MAINTAIN UNDER THE RIGHTS GIVEN BY THIS AGREEMENT, AND SHALL RESTORE SAID PROPERTY AND PREMISES TO THE CONDITION THAT EXISTED IMMEDIATELY PRIOR TO THE COMMENCEMENT OF THIS AGREEMENT, REASONABLE WEAR AND TEAR ALLOWED, AND IF IT SHALL FAIL TO 00 SO WITHIN THIRTY DAYS, THEN THE CITY MAY EFFECT SUCH REMOVAL OR RESTORATION AT THE COST AND EXPENSE OF CONTRACTOR AND IT AGREES TO PAY THE CITY SUCH COST AND EXPENSE PROMPTLY UPON RECEIPT OF PROPER INVOICE THEREFOR. SECTION 18. AGREEMENT BINDING THE TERMS OF THIS AGREEMENT SHALL BE BINDING UPON THE EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS OF THE PARTIES HERETO. SECTION 19. INDEPENDENCE OF AGREEMENT IT IS UNDERSTOOD AND AGREED THAT NOTHING HEREIN CONTAINED IS INTENDED OR SHOULD BE CONSTRUED AS IN ANY VISE CREATING OR ESTABLISHING THE RELATIONSHIP OF CO- PARTNERS BETWEEN THE PARTIES HERETO, OR AS CONSTITUTING CONTRACTOR AS THE AGENCY, REPRESENTATIVE, OR EMPLOYEE OF THE CITY FOR ANY PURPOSE OR IN ANY MANNER WHATSOEVER. CONTRACTOR 15 TO BE, AND SHALL REMAIN, AN INDEPENDENT CONTRACTOR WITH RESPECT TO ALL SERVICES PERFORMED UNDER THIS AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CITY AND CONTRACTOR. IN WITNESS WHEREOF, CONTRACTOR HAS EXECUTED THIS AGREEMENT AND THE CITY HAS CAUSED AGREEMENT TO BE EXECUTED BY ITS ATTEST: BY CITY SECRETARY APPROVED: DAY OF , 1975: CITY ATTORNEY ATTEST: BY APPROVED: CITY OF CORPUS CHRISTI, TEXAS BY City Manager TRANSPORTATION DISPLAYS, INC. BY v_ MAIN ENTRANCES TAXIS S LI MO LEGEND INS L AIRLINE TICKET COUNTERS ' BRANIFF ..............BN n 3 X 3 ISLAND AIRLINE TICKET COUNTERS I EASTERN .. . ........... 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M w MAIN v m � LOBBY ' a � • -- 4--------------- ••------ • - - } -- -- •---- - -• - -- • ► -- 6 O 1 1 1 ' 1 ® I 1 1 1 1 1 I NORTH 1 1 I 1 � a - r---- _-- •-- .. - - - -o t n 1 1 1 1 A WTES 3 • e WTES 5.6 I 1 GATES t • 3 4/67 1X CORPUS CHRISTI TEXAS r �J DAY OF 19 /L TO THE MEh"S OF THE CITY COUNCIL CC PU3 CHRI3TIA TEXAS COR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING OrtCINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF TNT CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, 4 i MAYOR CITY OF CORPUS CHRIST, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Bon GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE ITZ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE