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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. -6- (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