HomeMy WebLinkAbout04330 ORD - 08/31/1955AC:7/25X55
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BE HALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
A STATION LEASE AND OPERATIONS AGREEMENT WITH TRANS
TEXAS AIRWAYS FOR A TWO (2) YEAR, ONE (1) MONTH
PERIOD BEGINNING AUGUST 1, 1955 AND ENDING AUGUST 31,
1957, FOR SPACE LOCATED AT CLIFF MAUS MUNICIPAL AIRPORT,
ACCORDING TO THE TERMS, PROVISIONS AND CONDITIONS CON-
TAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION
AND EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, BE. AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON
BEHALF OF SAID CITY A STATION LEASE AND OPERATIONS AGREEMENT WITH TRANS -
TEXAS AIRWAYS FOR A TWO (2) YEAR ONE (1) MONTH PERIOD BEGINNING AUGUST,
1955 AND ENDING AUGUST 31, 1957, FOR SPACE LOCATED AT CLIFF MAUS MUNICIPAL
AIRPORT, ACCORDING TO THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN
SAID AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. ALL EXPENSES OF PUBLICATION OF THIS ORDINANCE SHALL
BE BORNE BY THE LESSEE' -AND THIS ORDINANCE SHALL BECOME EFFECTIVE AFTER ITS
PUBLICATION AS PROVIDED BY THE CITY CHARTER AND ITS PASSAGE AS FOLLOWS:
q330
STATION LEASE AND OPERATIONS AGREEMENT
THIS LEASE AGREEMENT MADE AND ENTERED INTO THIS DAY
OF JULY, 1955♦ BY AND BETWEEII THE CITY OF CORPUS CHRISTI, TEXAS, A MUNI-
CIPAL CORPORATION, OWNING AND DPLRATING LLIEF MAUS AIRPORT, LOCATED IN
NUECES COUNTY, TEXAS, HEREINAFTER GALLED LESSOf, ANo TRANS -TEXAS AIRWAYS,
A PRIVATE CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE
LAYS OF THE STATE OF TEXAS, ENGAGED IN TRANSPORTING PASSENGERS, PROPERTY
AND MAIL BY AIR, HEREINAFTER CALLED LESSEE,
W I T N E S S E T H I
TERMINAL BUILDING SPACE AND 'FACILITIES
LESSOR DOES HEREBY, FOR THE TERN OF Two (2) YEARS, ONE (1)
MONTH, BEGINNING ON THE FIRST DAY OF AUGUST, 1955, AND ENDING ON THE
THIRTY -FIRST DAY OF AUGUST, 1957, DEMISE. LEASE AND LET UNTO LESSEE THE
FOLLOWING SPACE:
(1) AN AREA EIGHTEEN AND ONE -HALF FEET (18 1/21) BY ELEVEN
FEET (111), BEING TWO HUNDRED FOUR AND ONE -HALF (204 112) SQUARE FEET
OF FLOOR SPACE:, IN THE SOUTH CORNER OF THE AIRPORT TERMINAL BUILDING
AND AN ADJACENT AREA NORTHWEST OF THE ABOVE DESCRIBED 204 1/2 SQUARE
FEET EIGHTEEN AND ONE -HALF FEET (18 1/20) BY NINE AND ONE- FOURTH FEET
(9 1/41), BEING ONE HUNDRED SEVENTY ONE (171) SQUARE FEET DF FLOOR
SPACE, BOTH AREAS BEING ADJACENT TO THE LOBBY IN THE TERMINAL BUILDING
OF SAID AIRPORT, SAME BEING SUITABLE FOR USE BY LESSEE AS AN OPERATIONS
OFFICE, A TICKET OFFICE AND SPACE FOR THE INSTALLATION AND MAINTENANCE
OF RADIO EQUIPMENT, EXCEPT SUCH REGULAR TRANSMITTER EQUIPMENT AS MAY
REASONABLY BE PLACED OFF THE AIRPORT.
(2) AN AREA TEN FEET (101) BY TWELVE FEET (129), BEING
ONE HUNDRED TWENTY (120) SQUARE FEET OF FLOOR SPACE, SAME BEING THAT
SPACE ON THE NORTH EAST SIDE OF THE AIRPORT TERMINAL BUILDING NOW
OCCUPIED AND USED BY SAID LESSEE IN SAID BUILDING, SAID SPACE BEING
SUITABLE FOR USE BY LESSEE AS PILOT'S READY Room SPACE.
(3) LINE SNACK SPACE OF SUCH SIZE AS 15 APPROVED BY THE AIR-
5c
PORT MANAGER ADJACENT TO PARKING RAMP AT SUCH LOCATION AS IS DESIGNATED
BY THE AIRPORT "AMAGER.
(A) STORAGE AND WORK SPACE OF SUCH 517,E AND LOCATION. AS IS
DESIGNATED 9Y THE AIRPORT 1ANAGER IN SHOP IUILDING.
AND IN CONNECTION THEREWITH LESSOR AGREES TO FURNISH LESSEE
WITH WATER. HEAT AND ELECTRICITY. SUCH AS MAY BE NECESSARY FOR ORDINARY
OFFICE PURPOSES, AND IN ADDITION THERETO, TO FURNISH LESSEE WITH SUITABLE
ELECTRIC CURRENT FOR ITS RADIO EQUIPMENT OR OTHER ELECTRICAL EQUIPMENT,
INCLUDING CURRENT FOR BATTERY CHARGER; PROVIDED, HOWEVER, THAT LESSEE
SHALL PAY FOR SUCH SERVICES AT THE RATE PROVIDED BELOW.
MAINTENANCE AND OPERATION
LESSOR WILL MAINTAIN AT SAID TERMINAL BUILDING AND IN ANY
NEW ADMINISTRATION BUILDING A LOBBY OR WAITING ROOM, ADJACENT TO SUCH
OFFICE SPACE, WITH CONNECTING REST ROOMS OR COMFORT STATIONS FOR THE USE
OF PASSENGERS. GUESTS AND EMPLOYEES OF OTHERS USING THE FACILITIES AT
SAID AIRPORT* AND WILL KEEP SAID PREMISES IN A CLEAN AND SIGHTLY CON-
DITION.
LESSOR, DURING THE PERIOD OF THIS LEASE AND AGREEMENT/ WILL
MAINTAIN SAID AIRPORT WITH SUCH FACILITIES, NAVIGATION AIDS. RADIO CON-
TROL TOWER AND LIGHTING SERVICES, AS TO CONFORM TO THE REQUIREMENTS OF
GOVERNMENTAL AGENCIES, EITHER FEDERAL OR STATE, HAYING JURISDICTION OF
SUCH MATTERS, AND 50 MAINTAIN ALL OF SUCH FACILITIES AND LANDING FIELD
AT SAID AIRPORT THAT SAID AIRPORT MAY BE CONTINUED TO BE APPROVED AND
RECOGNIZED BY SUCH GOVERNMENTAL AGENCIES AS AN AIRPORT AT CORPUS CHRISTI,
TEXAS, SUBJECT TO BE USED BY COMMERCIAL TRANSPORT AIRCRAFT SUCH AS MAY
BE OPERATED BY LESSEE, AND LESSOR WILL FURNISH LESSEE THE USE OF SAID
FACILITIES FOR LANDING, TAKE -OFF AND DIRECTING FLIGHTS BY DAY AND RIGHT,
AND SHALL SUPPLY ALL LIGHTING FACILITIES AND SERVICE SUFFICIENT FORLAND-
ING AND TAKE -OFFS AT NIGHT, SUBJECT TO THE PROVISIONS HEREIN CONTAINED.
RENTAL
(1) FOR THE SPACE 60 LEASED AND THE FACILITIES 50 TO BE FUR-
NISHED, THE LESSEE AGREES TO PAY TO THE LESSOR ONE THOUSAND THREE HUNDRED
-2-
AND ELEVEN (519311.00) PER ANNUM IN EQUAL MONTHLY INSTALLMENTS OF
ONE HUNDRED NINE DOLLARS AND TMENTV -FIVE CENTS ( #109.20 EACH.
NEW ADRINISTkATEON BUILDING OR REDESIGN OF AIRPORT OR RUNWAYS
LESSEE AGREES THAT LESSOR HAS RESERVED AND DOES HEREBY RESERVE
THE RIGHT TO BUILO AT ANY TIME DURING THE TERM OF THIS LEASE A NEW PER-
MANENT AOMINI5TRATIDN BUILDING. AND, WHEN SO DONE. TO ABANDON OR PUT TO
OTHER USE LESSEE$$ EXCLUSIVE SPACE IN THE PRESENT TERMINAL BUILDING. IF
AND WHEN SUCH NEW PERMANENT ADMINISTRATION BUILDING IS CONSTRUCTED ON
SAID AIRPORT, THE PARTIES HERETO AGREE THAT LESSEE SHALL BE ASSIGNED
ADEQUATE AND COMPARABLE EXCLUSIVE SPACE THEREIN AT A RENTAL RATE TO BE
THEN MUTUALLY AGREED UPON. UPON OCCUPANCY BY LESSEE OF SUCH SPACE IN
SUCH NEW PERMANENT ADMINISTRATION BUILDING. ITS RIGHTS AND OBLIGATIONS
WITH RESPECT TO ITS EXCLUSIVE SPACE IN THE PRESENT TERMINAL BUILDING
SHALL THEREUPON AUTOMATICALLY TERMINATE.
LESSEE AGREES THAT LESSOR HAS RESERVED. AND DOES HEREBY RESERVE.
THE RIGHT TO REBUILD. REDESIGNS AND/OR RELOCATE ANY OF THE HANGARS. RUN-
WAYS, OR OTHER IMPROVEMENTS NOW LOCATED ON THE AIRPORT PROPERTY, AT ANY
TIME DURING THE TERM OF THIS LASE. AND, IF AND WHEN SO DONE. TO ABANDON
OR PUT 70 OTHER USE LESSEE'S SPACE, OTHER THAN TERMINAL BUILDING SPACE
AT THAT TIME BEING USED BY LESSEE, AND IT 15 AGREED THAT UPON SUCH CHANGE
OR CHANGES BEING MADE THAT AN ADEQUATE AND COMPARABLE SPACE USABLE IN
CONNECTION WITH SUCH NEW FACILITIES SHALL BE ASSIGNED to LESSEE AT A
RENTAL RATE TO BE THEN MUTUALLY AGREED UPON.
LESSEP S FIXTURES AND EQUIPMENT
IT IS AGREED AND UNDERSTOOD BY THE PARTIES THAT THE LESSEE
SHALL HAVE THE PRIVILEGE Of INSTALLING IN THE SPACE SO LEASED AND USED
BY IT SUCH FIXTURES AND EQUIPMENT INCLUDING RADIO EQUIPMENT, EXCEPT SUCH
REGULAR TRANSMITTER EQUIPMENT AS MAY REASONABLY BE PLACED OFF THE Ain-
PORT, AS MAY BE NECESSARY IN THE CONDUCT OF ITS BUSINESS, ANO SHALL HAVE
THE RIGHT AND PRIVILEGE OF REMOVING ANY OR ALL OF SUCH FIXTURES AND EQUIP-
MENT AT ANY TIME OR UPON THE TERMINATION Of THE LEASE, OR WITHIN NINETY
(90) DAYS THEREAFTER, THE LESSEE NOT BEING THEN IN DEFAULT TO THE LESSOR(
M.m
PROVIDED, HOWEVER, THAT LESSEE SHALL REPAIR IN A WORKMANLIKE MANNER ANY
DAMAGE CAUSED BY ANY SUCH REMOVAL.
USE OF LAtdF PII F I ELfl AiSD FiH
LESSOk GRANTS TO LESSEE, FOR THE PERIOD OF THE LEASE, THE
RIGHT AND PRIVILEGE OF USING THE PART OF SAID AIRPORT COMMONLY REFERRED
TO AS THE LANDING FIELD, FOR SHE LANDING AND TAKE -OFF OF ITS PLANES ON
SCHEDULED FLIGHTS AND SUCH OTHEF SPECIAL, TEST OR SIGHT- SEEING FLIGHTS
AS LESSEE MAY DESIRE TO MAKE, AS WELL AS THE RIGHT AND PRIVILEGE TO TAKE
ON AND D16CHARGE PASSENOERS AND CARGO AT THE TERMINAL RAMP OR PLACE PRO-
VIDED THEREFOR AT THE ENTRANCE TO THE TERMINAL BUILDING FROM THf_ LANDING
FIELO, AND FURTHER GRANTS TO LESSEE THE RIGHT AND PRIVILEGE TO REFUEL
AND OTHERWISE SERVICE, AS WELL AS TO MAKE REPAIRS TO ITS PLANES, AND TO
HAVE THEM INSPECTED WHILE ON SAID LANDING FIELD, IT BEING UNDERSTOOD THAT
BECAUSE OF THE NATURE OF THE BUSINESS BEING TRANSACTED BY LESSEE AS A
COMMERCIAL TRANSPORT CARRIER IT SHALL, IN THE EXERCISE OF SUCH GRANTS AND
PRIVILEGES, HAVE PRIORITY OVER OTHERS NOT ENGAGED IN THE SAME BUSINESS
BUT DESIRING TO USE SAID AIRPORT FACILITIES. THIS SHALL NOT BE INTERREPTED
AS A GRANT OF EXCLUSIVE USE.
LANDING CHARGES
FOR THESE GRANTS AND PRIVILEGES, LESSEE AGREES TO PAY LESSOR,
MONTHLY. ONE HUNDRED DOLLARS ($100.00) FOR LESSEE'S FIRST SCHEDULE, SEVENTY -
FIVE DOLLARS ($75.00) FOR LESSEE*$ SECOND SCHEDULE. FIFTY DOLLARS ($30.00)
FOR LESSEEtS THIRD SCHEDULE, AND TWENTY -FIVE DOLLARS (%25.00) FOR LESSEES
EACH ADDITIONAL SCHEDULE OPERATED TO AND FROM SAID AIRPORT. A SCHEDULE, AS
USED HEREIN, MEANS ONE COMPLETE TAKEOF AND ONE COMPLETE LANDING, OR ONE
COMPLETE LANDING AND ONE COMPLETE TAKE -OFF, OPERATED DURING THE COURSE
OF A MONTH IN SCHEDULED SERVICE. IT IS FURTHER UNDERSTOOD THAT THE TIME-
TABLE OF LESSEE, AS FILED WITH THE CIVIL AERONAUTICS AUTHORITY, IN EFFECT
ON THE FIRST DAY OF EACH CALENDAR MONTH. SHALL BE THE SOLE BASIS FOR OETER-
MINING THE NUMBER OF SUCH SCHEDULES AND TYPE OF AIRCRAFT OPERATED DURING
—4—
SOON MONTH, AND NO ACCOUNT SHALL BE TAKEN OF SCHEDULE CHANGES MADE
DURING SUCH MONTH, OR OF TH£ ACTUAL NUMBER OF TRIP ARRIVALS OR AIRCRAFT
LANDINGS OCCURRING DURING SUCH MONTH, OR OF FLIGHT CANCELLATIONS, EXTRA
SECTIONS FLOWN, CHARTER FLICHT5. SPECIAL. FLIGHTS, TEST FLIGHTS, SIGHT-
SEEING FLIGHTS, OR OTHER UNUSUAL FLIGHTS WHICH LESSEE MAY DESIRE TO
MAKE FROM SAID AIRPORT; PROVIDED, HOWEVER, THAT IN THE CASE OF A TRIP
SCHEDULED LESS OFTEN THAN DAILY THE MONTHLY PAYMENT SHALL BE PRORATED
ON THE BASIS OF THE NUMBER OF DAYS DURING THE MONTH UPON WHICH SUCH
TRIP 15 SCHEDULED AND TREATING SUCH TRIP FOR PURPOSES OF COMPUTATION AS
LESSEEIS LAST SCHEDULE.
THE FOREGOING LANDING CHARGES SHALL APPLY TO ALL SCHEDULES
WHICH SHALL BE FLOWN WITH TYPES Of AIRCRAFT, THE APPROVED MAXIMUM LANDING
WEIGHT OF WHICH 15 BETWEEN 17,500 POUNDS AND 25,000 POUNDS, WITH RESPECT
TO ANY SCHEDULE ON WHICH LESSEE OPERATES A TYPE OF AIRCRAFT HAWING AN
APPROVED MAXIMUM LANDING WEIGHT IN EXCESS OF 25,000 POUNDS, THE MONTHLY
FEE FOR THAT SCHEDULE SHALL BE THE SAME AS BET FORTH ABOVE, INCREASED BY
ONE DOLLAR ($1.00) FOR EACH 1,000 POUNDS OF APPROVED MAXIMUM LANDING
WEIGHT IN EXCESS OF 25,000 POUNDS. IN COMPUTING SUCH CHARGES, AMOUNTS OF
500 POUNDS 00 LESS SHALL BE DISREGARDED AND AMOUNTS OVER 500 POUNDS SHALL
BE DEEMED TO BE 1,000 POUNDS. THE TERM •APPROVED MAXIMUM LANDING WEIGHT•
FOR ANY AIRCRAFT, AS USED HEREIN, SHALL BE THE MAXIMUM LANDING WEIGHT AP-
PROVED BY THE CIVIL AERONAUTICS AUTHORITY FOR LANDING SUCH AIRCRAFT AT
THE AIRPORT.
IN THE EVENT LESSOR SHALL PERMIT SAID AIRPORT, RUNWAYS AND
LANDING FACILITIES TO GET INTO SUCH CONDITION, BECAUSE OF FAILURE TO MAIN-
TAIN THE SAME OR MAKE REPAIRS OR REPLACEMENTS, OR BECAUSE OF WORK BEING
DONE THEREON. THAT LESSEE FINDS IT NECESSARY TO RESTRICT ITS OPERATIONS TO
AND FROM SAID AIRPORT, THEN THE PAYMENT TO HE MADE UNDER THE FOREGOING TWO
PARAGRAPHS SHALL BE ADJUSTED BY DEDUCTING THEREFROM 130TH FOR EACH SUCH
SCHEDULE NOT OPERATED FOR EACH DAY OR NON - OPERATION THEREOF.
0-im
FUELING OF AIRCRAFT
THE LESSOR GIVES AND GRANTS TO LESSEE THE PRIVILEGE OF FUEL-
ING AND SEKVICINC+ ITS AIRCRAFT AT SAID .IRFORT AND, SHOULD IT BECOME
NECESSARY, THC FUPTH_; !'RIVILECE OF, AT LLS5EE'S OWN LXPE115E. CONSTRUCTING
AND INSTALLIMG FULL STORAGE'. FACILITIES, PUMPS, AND OTHER SUCH FUEL DIS-
PENSING EQUIPMENT AND PERSONNEL AS MAY BE NECESSARY TO PROVIDE LESSEE #S
AIRCRAFT WITH FUEL ANC OIL, AT SUCH LOCATIONS AS ARE DESIGNATED BY THE
AIRPORT 14AN.6LR.
LIMITATION Uf LIABILITY OF LESSOR
THE LESSEE AGREES TO HOLD HARMLESS THE LESSOR OF, FROM OR ON
ACCOUNT OF ANY LOSS OR DAMAGE TO AIRCRAFT OR EQUIPMENT, OR INJURIES TO
EMPLOYEES, OF THE LESSEE AT SAID AIRPORT, WHEN THE SAME IS NOT PROXIMATELY
CAUSED BY THE NEGLIGENCE OF THE LESSOR, ITS AGENT$ AND SERVANTS,
GENERAL CONNTIGNS
THE PARTIES HERETO AGREE TO THE FOLLOWING GENERAL STIPULA-
TiONS AND CONDITIONS:
(1) THE LESSOR WILL, AS SOON AS POSSIBLE, AFTER THE LAST DAY
OF EACH MONTH PkEPARE AND SEND TO LESSEE, AT ITS OFFICE LOCATED AT CLIFF
FIAUS AIRPORT, CORPUS CHRISTI, TEXAS. AN ITEMIZED STATEMENT OF THE AMOUNT
DUE TO LESSOR ON ACCOUNT OF THE SEVERAL PARTS OF THIS AGREEMENT, AND
LESSEE WILL, ON OR BEFORE TEN DAYS AFTER THE RECEIPT OF SUCH STATEMENT.
PAY THE AMOUNT DUE TO THE LESSOR AT CORPUS CHRISTI, TEXAS, AND TO SECURE THE
PAYMENT OF ANY AMOUNT BECOMING DUE HEREUNDER FROM LESSEE TO LESSOR, THE
LATTER SHALL HAVE A LIEN ON ALL OR ANY OF THE FIXTURES, EQUIPMENT AND
PROPERTY OF THE LESS EE IN ITS OFFICES IN SAID TERMINAL BUILDING AND ELSE-
WHERE AT SAID AIRPORT.
(2) EITHER PARTY SHALL NAVE THE RIGHT AND OPTION TO CANCEL
AND TERMINATE THIS LEASE AND AGREEMENT FOR AND ON ACCOUNT OF ANY DEFAULT
OF THE OTHER PARTY AND THE CONTINUANCE OF SUCH DEFAULT FOR A PERIOD OF
THIRTY (30) DAYS AFTER WRITTEN NOTICE OF SUCH BREACH TO THE DEFAULTING
PARTY OF THE INTENTION OF THE OTHER PARTY TO CANCEL AND TERMINATE THE
LEASE AND AGREEMENT.
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(3) LESSEE MAY CANCEL THIS LEASE AND AGREEMENT IN WHOLE OR IN PART
EITHER PRIOR TO OR SUBSCOUENT TO TH5 COMMENCEMENT OF THE TERM HEREOF
ON THY HAPPENING OF ANY OF THE FOLLOWING CONDITIONS, WHEN THE SAME HAVE
NOT BEEN BROUGHT AFOOT FY A LREACH OF GOOD FAIT,k ON THE PART OF LESSEE
DIRECTLY TOWARD LESSOR:
(A) THE REFUSAL OF OR THE WITHDRAWAL BY CIVIL
AERONAUTICS BOARD OR OTHER PROPER GOVERNMENTAL AGENCY
OF THE RIGHT or LESSEE TO OPERATE INTO AND FROM SAID
MUNICIPAL AIRPORT.
(!�) THF_ TERMINATION OF THE OBLIGATION, PRIVILEGE
OR RIGHT OF LFISSEE., REGARDLESS OF HOW GRANTED OR IM-
POSED, GRANTEE) BY OR OWING TO THE FEDERAL GOVERNMENT FOR
THE CLRRY#NG OF THE UNITED STATES AIR MAIL TO, FROM OR
THROUGH CORPUS CHRISTI, TEXAS, OR ITS ENVIRONS.
(C) THE WITHDRAWAL BY THE POST OFFICE DEPARTIAENT
OF THE UNITED STATES OR OTHER GOVCRNMENTAL AGENCY OF
THE OESICNATION OF SAID MUNICIPAL AIRPORT AS A TERMINAL
POINT FOR THE RECEIVING AND DISPATCHING OF THE UNITED
STATES AIR MAIL.
(D` THE ISSUANCE BY ANY COURT OF PROPER JURISDICTION
OF ANY INJUNCTION, ORDER OR DEGREE PREVENTING OR
RESTRICTING IN ANY WAY THE USE OF SAID MUNICIPAL AIRPORT
OR ANY PART THEREOF FOR A AIRPORT PURPOSES.
(E) ANY ACTION OF THE CIVIL AERONAUTICS BOARD, CIVIL
AERONAUTICS ADMINISTRATOR, OR OTHER PROPER GOVERNMENTAL
AGENCY REFUSING TO PERMIT SAID LESSEE TO OPERATE INTO,
FROM OR THROUGH THE SAID MUNICIPAL AIRPORT SUCH AIRCRAFT
A9 LESSEE MAY REASONABLY DESIRE TO OPERATE THERETO AND
THEREFROM.
(F) THE INABILITY OF LESSEE TO USE THE PREMISES AND
FACILITIES CONTINUING FOR A LONGER PERIOD THAN THIRTY (30)
DAYS DUE TO ANY ORDER, RULE OR REGULATION OF ANY PROPER
-7-
GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER LESSEE
OR THE CONDUCT OF ITS BUSINESS.
(Q) IN THE EVENT THE PREMISES OCCUPIED BY LESSEE AT SAID TERMINAL
BUILDING BLCOML DAMAGED E,Y FIRE OR OTHER CASUALTY. i3UT NOT RENDERED UN-
TENANTABLE, 5AME. SHALL 5E REPAIRED PROMPTLY BY AND AT THE EXPENSE OF
LESSOR. IF SUCH DAMAGE SHALL RE 50 EXTENSIVE AS TO RENDER THE PREMISES
UNTENANTABLE, THE RENTAL DUE HEREUNDER FOR THE USE OF SUCH SPACE IN SAID
BUILDING S11p,LL BE PROPORTIONATELY PAID BY LESSEE UP TO THE TIME OF SUCH
DAMAGE, AND FROM SAID TIME SHALL CEASE UNTIL THE PREMISES ARE PUT IN
GOOD CONDITION FOR FURTHER OCCUPANCY BY LESSEE. WHICH SHALL BE DONE PROMPTLY
BY AND AT THE EXPENSE OF LESSOR. IN THE EVENT OF THE DESTRUCTION OF THE
PREMISES 50 AS TO RENDER IT NECESSARY THAT THE SAME UE REBUILT, THIS
LEASE, AT THE OPTION OF LES =EE AND UPON THE PAYMENT OF THE PROPORTIONATE
PART OF THE RENT UP TO THE TIME OF SUCH DESTRUCTION, SHALL TERMINATE AS
OF SUCH TIME.
ADDITIONAL PROVISIONS
17 IS UNDERSTOOD THAT BECAUSE OF THE NATURE OF THE. BUSINESS BEING
TRANSACTED BY LESSEE AS A COMMERCIAL TRANSPORT CARRIER IT SHALL OAVE THE
RIGHT TO ENGAGE IN ALL ikCTIVITIES REASONABLY NECESSARY TO THE EXERCISE
OF THE FOREGOING RIGHTS AND PRIVILLGES, AND SHALL, IN THE EXERCISE OF
THE FOREGOING GMANTS AND PRIVILEGES, HAVE PRIORITY OVER OTHERS NOT ENGAGED
IN THE SAME BUSINESS BUT DESIRING TO USE SAID AIRPORT FACILITIES. THIS
SHALL NOT BE INTERPRETED AS A GRANT OF EXCLUSIVE USE.
LESSEE SHALL HAVE THE RIGHT TO PURCHASE ITS REQUIRrMENTS OF
EQUIPMENT, FUEL. LUBRICANTS, FOOD AND OTHER PASSENGER SUPPLIES, AND ANY
OTHER REQUIRED MATERIALS AND SUPPLIES FROM ANY PERSON OR COMPANY OF LESSEEIS
CHOICE, TO MAKE AGREEMENTS WITH ANY PERSON OR COMPANY OF LESSEE'S CHOICE,
FOR WORK TO BE DONE FOR LESSEE; AND TO SELL, DISPOSE OF OR EXCHANGE SUCH
EQUIPMENT. MATERIALS AND SUPPLIES PURCHASED FOR ITS OWN USE, BUT NOT TO
MAKE SUCH SALES AS A REGULAR COURSE OF BUSINESS.
LESSOR SHALL GRANT FREE AND UNRESTRICTED ACCESS, INGRESS AND EGRESS
FOR LESSEES PASSENGERS, EMPLOYEES AND INVITEES AND THEIR PROPERTY WITH
RESPECT TO THOSE PORTIONS OF THE FIELD AND TERMINAL BUILDING WHERE SUCH
PERSONS AND PROPERTY ARE REQUIRED OR PERMITTED TO BE FOR PURPOSES CONTEM-
PLATED IN THIS AGREEMENT SUBJECT TO SUCH RULES AND REGULATIONS AS MAY
.8.
BE ADOPTED BY THE CITY OR THE AIRPORT MANAGER.
NO RENTALS, FEES, TAXES OR OTHER CHARGES, EXCEPT THOSE HEREIN
EXPRESSLY PROVIDED FOR THE LPACE OR FACILITIES HEREIN AGREED TO BE PUR-
MISHED BY L7-55OR 5HP1_.I_ bE CHARGED A6.AINST OR COI_t_ECTED FROM, OIRECTLV OR
INDIRECTLY, THE L'_SSLE GR ANY OTHL& PERSONS FCR ANY OF THE PREMISES,
FACILITIES, RIGHT:i, LICEI45ES AND PRIVILEGES GPANTED IN THIS LEASE.
REGULATION OF SIGNS. REGULATION OF UI USE OF
AUTONOGILE PARKINC AREA
fHE AIRPORT NANAGER SHALL HAVE THE AUTHORITY OF DESIGNATING
THE SIZE AND QUALITY OF ADVERTISING SIGNS DESIRED TO BE USED OR ERECTED
UY THE LE55EE AHD TO DESIGNATE THE COLOR OR COLORS OF PAINT OR OTHER
MATERIAL USED BY THE LESSEE ON SUCH COUNTERS AND OTHER FIXTURES AS MAY
BE INSTALLED BY THE LESSEE AND /OR SUCH PORTIONS OF THE WALL$ OR BUILDING
AS LESSEE MAY BE PERMITTED TO PAINT OR REFINISH. THE AIRPORT MANAGER
SHALL HAVE THE RIGHT AOr AUTHORITY TO ASSIGN PARKING SPACE FOR AUTOMO-
BILES OF THE LESSEEIS EMPLOYEES AND LESSEE SHALL COMPEL SUCH EMPLOYEES TO
USE SUCH SPACE, SO DESIGNATED A.MD NO OTHERS IN PARKING THEIR PERSONAL
AUTOMOBILE$.
LUV"AliT Wti ( P� GRANT MORE FAVORABLE TERMS
LESSOR COVENANTS AND AGREES NOT TO ENTER INTO ANY LEASE, CON-
TRACT OR AGREEMENT WITH ANY OTHER SCHEDULED AIR TRANSPORT OPERATOR WITH
RESPECT TO ANY OTHER SCHEDULED AIR TRANSPORT OPERATOR RIGHTS, PRIVILEGES
OR CONCESSIONS WITH RESPECT TO SAID AIRPORT WHICH ARE NOT ACCORDED TO
THE LESSEE HER�_UNUER, UNLESS THE SAME RIGHTS, PRIVILEGES AND CONCESSIONS
ARE CONCURRENTLY AND AUTOMATICALLY MADE AVAILABLE TO THE LESSEE.
ASS16NAW LITY
LESSLL SHALL NOT AT ANY TIME ASSIGN THIS LEASEI OR ANY PART
THEREOF. WITHOUT THE CONSENT IN WRITING OF LESSOR*, PROVIDED, HOWEVER,
THAT WITHOUT SUCH CONSENT LESSEE MAY ASSIGN THIS LEASE TO ANY CORPORA-
TION WITH WHICH THE LESSEE MAY MERGE OR CONSOLIDATE OR WHICH MAY SUCCEED
TO THE GUSINESS Of THE LESSEE. OR MAY SUBLET ANY OF THE SPACE LEASED
-g-
EXCLUSIVELY TO THE LESSEE HEREUNDER.
IN WITNESS WHERLff. THE PARTIES HERETO 14AVE CAUSED THIS
INSTRUMENT TO BE EXC:CUTLD IN TRIPLICATE BY THEIR UGLY AUTHORIZED OFFICERS
THE DAY AND YEAR F1R51 AODVE WRITTEN,
THC CITV UF 00US 0410STI. TEXAS
�V
,,,ITY MANAOEf<
L ESSM'
ATTEST:
CITY SECRETARY
TRANS -TEXAS AIRWAVS, A PRIVATE
APPROVED AS TO LEGAL CORK!. CORPORATION
OY
CITY ATTORNEY
LESSEE
iMEST:
THAT THE FOREGOING ORDINANCE WAS READ FOR THE- FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE (JV / DAY OF , 1955, BY THE
FOLLOWING VOTE:
V d �
i
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS l
B. E. BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS tHE AY OF , 1955, BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINANCE AS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF , 1955f BY THE FOLLOWING VOTE:
FARRELL D. SMITH (�
MINOR CULLI 61A
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
PASSED AND APPROVED, THIS THE ILDAY OF 1955•
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:, '
CI T'Y SEdRET,phY ; :!
APPROVED AS TO LEGAL F6RM:
CITY ATTORNEY
'f33 6