HomeMy WebLinkAbout13020 ORD - 02/11/1976• JRH:1 /7/76:1st
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 part hereof for all intents and purposes
as if copied verbatim herein.
13020
THE STATE OF TEXAS
COUNTY OF NUECES
THIS LEASE AGREEMENT, MADE AND ENTERED INTO THIS THE
DAY OF , 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,
t!1 TNESS ETH:
ARTICLE 1
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 _ -
No. 7904 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 FOLLOWING SPECIFIC PURPOSES:
-(i) THE OPERATION OF A TRANSPORTATION SYSTEM BY AIRCRAFT FOR
THE CARRIAGE OF PERSONS, PROPERTY ANO MAIL, INCLUDING ALL ACTIVITIES REASON-
. ABLY NECESSARY TO SUCH OPERATION, HEREINAFTER • REFERRED TO AS "AIR TRANS^
PORTAT I ON"
• '
(2) THE LANDING, TAKING OFF, LOADING, UNLOADING REPAIR -
ING, MAINTAINING, CONDITIONING,.SERVICING, PARKING, STORING AND TESTING
OF AIRCRAFT OR OTHER EQUIPMENT INCLUDING THE USE OF A REASONABLE AMOUNT OF
CONVENIENTLY 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 t4AIL
AT SAID AIRPORT BY SUCH MOTOR VEHICLES OR OTHER MEANS OF CONVEYANCE AS LESSEE
MAY DESLRE 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 LESSEE'S 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; .
(1) THE PURCHASE AT SAID AIRPORT OF LESSEE'S 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
CHOICES 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 DE SUBJECT
TO THE APPROVAL OF THE AIRPORT MANAGER, SUCH APPROVAL NOT TO DE ARBITRARILY
WITHHELD
(6) THE INSTALLATION, MAINTENANCE AND OPERATION OF SUCH•RADIO,
COMMUNICATIONS METEOROLOGICAL AND AERIAL NAVIGATION EQUIPMENT AND FACILITIES
INS ON AND ABOUT THE PREMISES HEREIN LEASED AND SAID AIRPORT AS MAY DE 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 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 1,176 square feet of space, which includes 192
square feet of counter space, 984 square feet of air conditioned space
and 0 square feet of non -air conditioned space in the Terminal Building,
as the same is more particularly set forth and shown on plans and speci-
fications marked Exhibit "B ", attached and made a part of Ordinance No.
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 Lessor's 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 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 D 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, subject
to Airport security regulations, without charge or obligation to Lessee.
ARTICLE II
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, 1975, and terminating at
the end of the 7th day of August, 1980, unless sooner terminated 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 quthority to enter into this
lease in respect thereof; and covenants that upon performance of the Agree-
ments 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
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 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 Lessee's exclusive
space, in the Terminal Building at all times clean, 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 provide, in Lessee's exclusive space,
domestic water, mechanical equipment 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 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 en-
forced by Lessor for operation at said Airport.
ARTICLE VII
RENTALS AND FEES
Lessee agrees to pay Lessor for the use of all the premises, facil-
ities, rights, licenses and privileges granted hereunder, the following rentals,
fees and charges:
1. Space rentals - Space rentals for the first year of the
contract beginning August 8, 1975, shall be at the follow-
ing rates:
A. Ticket Counter Area $8.00 per sq. ft. per annum
B. Air Conditioned Office
Space $7.45 per sq. ft. per annum
C. -Non -Air Conditioned
Space $6.05 per sq. ft. per annum
-5-
After the first contract year rates will be adjusted on
an annual basis using the following method of calculation:
Rents under 1. A, B, and C will be separated into three
components:
Fuel Fixed All Other Total
1. $1.62 $1.59 $4.79 $8.00
2. 1.62 1.46 4.37 7.45
3. 0.55 1.37 .4.13 6.05
Fuel Adjustment. The fuel cost of $1.62 or $0.55 as the
case may be will be computed by multiplying the appro-
priate figure by a fraction, the denominator of which
shall be the cost of a thousand cubic feet of gas paid
by the Lessor at the airport as of May, 1975, and the
numerator of which shall be the twelve month average
cost of gas from June through May of the appropriate
year.
All Other Costs Adjustment and Baggage Claim Adjustment.
The appropriate rent shall be computed by multiplying
by a fraction the denominator of which shall be the
arithmetical average as of May, 1975, of the indices
(A) of the United States Bureau of Labor Statistics
for hourly wage rates of all production workers in
manufacturing and (B) of the Commodity Wholesale
Price Index, and the numerator of which shall be the
arithmetical average of said average indices (A) and
(B) for the 12 month period June through May of the
preceding year.
The Cost of Gas per MCF as of May, 1975, was $1.728.
The United States Bureau of Labor Statistics for hourly
wage rates of all production workers in manufacturing
as of May 1975, of $4.75 equals an index of 100. The
Commodity Wholesale Price Index as of May, 1975, was .
183.8 (base year 1957 -59).
Total Adjustment. The resultant rent will be the sum
total of the recalculated cost of fuel and all other
costs.
2. $4.50 per month for each exclusive Public Address micro-
phone located in Lessee's exclusive space.
3. $4.50 per month for each inter - communication instrument
located in Lessee's 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.
4. Baggage Claim - The fee for the first year for the baggage
claim area containing 3,750 square feet shall be a rate
of $1.91 per square foot per annum for a total yearly
rental of $7,162.50, to be paid jointly by the Lessee
and other certificated carriers holding valid leases
with the City for the use of International Airport
facilities in accordance with the following formula:
Twenty percent of the rent in the amount of $1,432.50
will be shared equally as follows: $1,432.50 divided
by the number of airline lessees. The remaining eighty
percent of $5,730 will be paid according to the follow-
ing formula: Lessee's enplaning passengers divided
by the total passengers enplaned by all air carrier
lessees, then multiplied by $5,730. The baggage claim
area rent will be calculated monthly and paid in the
-6-
same manner as all other rents and fees. Rental after
the first year will be calculated as described in para-
graph 1 under Baggage Claim Adjustment.
5. Lessee agrees to pay for the electrical energy consumed
by Lessee in Lessee's exclusive space on a metered
basis at City's cost.
6. 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.
7. Lessee may from time to time lease space for the storage
of fuels and propellents at a mutually_ agreed upon loca-
tion on the airfield, upon terms and conditions mutually
agreed upon between the parties.
8. 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.
9. Landing fees paid by Lessee will be calculated annually
in accordance with the following method: Estimated
net annual airfield cost estimate times commercial
airline allocated share (75%) plus excess liability
insurance times airline participation percentage divided
by the estimated annual landing weights of all airline
users expressed in thousand pound units equals the
fees per thousand pounds of certified maximum gross
landing weight of Lessee's aircraft landing 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, or any
other non - revenue flights except training flights. Fees
will be rounded to the nearest one -half cent.
Airline participation percentages will begin with the
base year-1975-76 at 55%. An increase of 2Z will be
added to each subsequent year or the percentage of
increase in airport enplaning passengers over the
previous calendar year, whichever is greater.
1975 -76 Calculations
Airfield — Total activity budget $ 25,396
Security & Fire Protestion — Total
Activity Budget .128,559
Airport Administration — 202 Activity
Budget 9,568
Director of Public Utilities — 26.4%
Activity Budget 1,104
General Administration — 26.4% Activity
Budget 16,007
Interest on Bonds — Bond Repayment
Schedule 122,012
Depreciation — Annual Financial
Report 111,687
Sub Total $414,333
Less Farm Lease Income -- Budget
Estimate (26,000)
Security Service Charges — Budget
Estimate (45,000)
Estimated Net Annual Airfield Cost $342,633
Estimated Excess Liability Insurance $ 5,500
-7-
$342,633 x 75% = $256,975
$256,957 + $5,500 = $262,475
$262,475 x 55% _ $144,361
$144,361 626,174M = $0.2305/1,000 pounds
Rounded to nearest half cent = 23c/1,000 pounds
10. Capital improvements made to the terminal complex
which are used by and will benefit Lessee and /or
its passengers will subject the Lessee to additional
space rental, the amount to be negotiated with the
Lessor.
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 month at the commencement and termination of this
agreement.
ARTICLE VIII
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 collected from, directly or indirectly, the Lessee or any other
person engaged in supplying Lessee, for the privileges of buying, selling,
using, storing, withdrawing, handling, consuming or transporting materials
or other supplies to, from or on the Airport; of making or performing agree-
ments for work, materials, or services at the Airport; of transporting,
loading, unloading or handling persons, property or mail to, 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 providing
-8-
•
food prepared on the Airport, or from granting franchises for the operation
of limousine and taxicab and rent -a -car services or from charging a flowage
fee to operators vending fuels and lubricants on the Airport, provided 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 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
to Lessor as a result of-its operation, the'fees and charges in Article VII
hereof shall be dimiaishv'd 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 proceeding 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 conduction and operating its transportation
-9-
system for the carriage of persons, property and mail by aircraft at the
Airport, or in the event 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 performed, kept or observed, and, any such condition or de-.
fault shall continue for thirty (30) days after the receipt of written
notice from Lessor to correct such condition or cure such default, prior
to the correction or of curing of such condition or default, if applicable,
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 same 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 here-
under at any time, 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 obligation or right, imposed
by contract 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 D. S. Postal Service, or any other compe-
tent governmental authority, 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 Administration
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;
-10-
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 operation 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 termination of the condition or event which gave rise. to
the suspension; and if Lessee does not so cancel, such suspension shall
terminate sixty (60) 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 entirety shall be added to the term of this lease
or any renewal or extension thereof.
ARTICLE RII
NON - WAIVER OF RIGHTS
Continued performance by either patty 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
any subsequent default.
ARTICLE RIII
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
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 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 there-
of without the consent in writing of Lessor; provided, however, that with= .
out 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 hereunder.
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. 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. 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, responsible 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 field,
premises and facilities herein referred to, the Lessee will indemnify and
save harmless the Lessor from any and all claims or losses that may proxi-
mately result to the Lessor from 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 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 by, 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,
-12-
have been, or will be passengers of the Lessee, 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 9277
Corpus Christi, Texas 78408;
and notices to the Lessee, if sent by registered mail, 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 NOT TO GRANT MORE FAVORABLE TERMS
Lessor covenants and agrees not to enter into any lease, 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 here-
under unless the same terms, rights, privileges and concessions are con-
currently made available to the Lessee. - -
ARTICLE XVIII
FEDERAL AVIATION ADMINISTRATION
Whenever the term "Federal Aviation Administration" is used in
this - lease, it shall be construed as referring to the Federal Aviation
Administration 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 Lessee or its business.
-13-
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 IX
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 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 contained in the valid covenants, conditions or
provisions of this lease.
IN WITNESS WHEREOF, the parties hereto have executed these
presents as of the day and year first above written.
ATTEST: LESSEE:
TEXAS INTERNATIONAL
Secretary
ATTEST:
By
LESSOR:
CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary R. Marvin Townsend
City Manager
at/OVED:
DAY OF
City Attorney
-14-
��� i
f e L �at
: f ,..
t.
nFvw w
' BAGGAGE 112
•
THAT TNE FOREGOING ORDINANCE WAS READ FORVE FIRST TIME AND PASSED
TO ITS SECOND READING ON THI8 THE 7c-k DAY OF
FOLLOWING VOTE:
JASON LUBY
DP. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
X97; BY THE
THAT TNE FOREGOING ORDINANC WAS READ FO HE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE 0/ V DAY OF lest/ , 19j�BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
Ruin GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGO' G ORDINANCE MA3 0 FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF - , 19X, BY THE FOLLOWING VOTE:
ATTEST:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, THIS THE
APVDA: /� L
DAY OF 4944‘. , 19�Q
CI Y ATTORNEY
19 2
MA OR
THE CITY OF CORPUS CHRISTI, TEXA
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Ls:
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came
.Rowe.n.a. a. Vt1.1B.§.0;111g z who being first duly sworn, according to law, says that he is the
AAAmaatina of the Corpus Christi Caller and The Corpus Christi limes,
'Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of •
QF SECOND READING OF PASSAGE OF AN ORDINANCE AUTHORIZING A LEASE
TO TEXAS INTERNATIONAL AtHLINENT—ThE-CITy.,...
of which the annexed is a true copy, was published in
on the _20 _ day of...aamiar7...,......._1926-PARWAPiffeTA---------01=Kketn*-..----------
xemsexallom
Times.
Subscribed and sworn to before me this 2R2owendaay Ve asq e
Aceoun pig
ETIU
MI 0
Eugenia S. Cortez__
Pie1ic, Nueces County, Texas
NNOTICE OF SECOND
READING OF PA$5P.GE
OF AN ORDINANCE
AUTHORIZING A LEASE
TO TEXAS INTERNATIONAL'
AIRLINES
The City Council of the City
Corpus Christi has on Januar�j
14, 1976 passed on second read
ing an ordinance authorlxitg the
City Manager to execute a lease'
to Texas international Airlines',
of certain exclusive space In the
Terminal Building as well es,
use of the public portions of the'
Corpus Christi International ne i
Airport as described In said
lease for a term of five years at
rentals adjustable on an annual
basis according to formula set'
out In said lease ranging Irom
01.91 per square foot per annum
for baggage claim area to 09.00
per square foot per annum for
ticket counter area and landing
fees of Mc per 1,000 pounds pey-
abie on a monthly basis. ,
ISSUED UNDER MY HAND
AND SEAL of the City of Corpus
Christi, Texas, Chia 15th day of
January, 1976.
BILL G. READ, Cifi
Secretary City p0'
Corpus Christi, Texas
(SEAL)
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Ls:
County of Nueces. )
Before me, the undersigned, a Notary Public, this day personally came.
who being first duly sworn, according to law, says that he is the
Ac.Csamtina of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
Le.g.ala 1iOIICE. 0.E_FIRST_REARITO__PA.W.ACLE OF ATLO.R.DINLIK.GE__AILTLIORIZING A LEASE TO
TEXAS INTERNATIONAL AIRLINES... THE CIT..
of which the annexed is a true copy, was published in
on the.....13_ day of.._...j111111fitr.y_ 19-16, ifflitgavaMEIK..- tIMMIVErfUN.
azamenutbam
Mmes.
$_..........19..:16.. e 2c-ve.
Rowena C. Velas4u z Accounting
Subscribed and sworn to before me this 14,... day of. fie U..
Eugenia S. Cortez
Nothry Pub*, Nueces County, Texas
NOTICE OF FIRST READING.
PASSAGE OR AN ORDI-
NANCE AUTHORIZING A.
LEASE TO TEXAS INTER-
NATIONAL AIRLINES
The CM Council of th0CitYbf
Corpus Christi Ms on January
I 1976 passed on first reading
an ordinance authorizing Me
City Menages to executes lease
to Texas International Airlines
of- artalaexcluslxn +pace In the_
Terminal Building as well as
use of the public portions of the
Corpus Christi International
Airport as described In said
lease for a term of five years at
rentals adlustabie on an annual
basis according to formula. set
m
out In said lease ranging p
91.91 per eudelmarea per 000Um
for baggage to 99.00
per square foot per annum for
ticket counter area end landing
fees 01 230 per 1,000 pounds pay
able on a monthly basis.
ISSUED UNDER MY HAND'
AND SEAL OF THE City of Cor-
10 January, a Christi, T0001, this 9th day
(010111 G. Read
BILL G. READ,'
City Secretary I
City of Corpus Christi, Texas
(SEAL) 1