HomeMy WebLinkAbout15752 ORD - 09/10/1980jkh:9-9-80;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
AIR AMERICANA COVERING THE SUBLEASING OF SPACE
AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND
THE USE OF SUCH AIRPORT, ALL AS MORE FULLY SET
FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a lease
agreement between the City of Corpus Christi and Air Americana covering the
subleasing of space at the Corpus Christi International Airport and the use
of such airport, all as more fully set forth in the lease agreement, a sub-
stantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A".
SECTION 2. The necessity to authorize execution of the aforesaid
lease agreement 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 introduction but that such ordinance or resolution shall be read at
three several meetings of the City Council, and the Mayor, having declared
that such emergency and necessity exist, having requested the suspension of
the Charter rule and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the 11.) day of September,
1980.
ATTEST:
APPROVED:
Q DAY OF SEPTEMBER, 1980:
J. BRUCE,iAyCOCK CITY ATTORNEY
15752
THE OF CORPUS CHRISTI, TEXAS
MOWED
UP .G 71984
THE STATE OF TEXAS i
COUNTY OF NUECES
This Lease Agreement, made and entered into this the 15th day of
September , 1980, by and between the City of Corpus Christi,
acting herein by and through its City Manager, with authority duly conferred
by the City Council, a municipal corporation, drganized and existing under
the laws of the State of Texas, situated in Nueces County, Texas, hereinafter
referred to sometimes as LESSOR, and Air Americana, hereinafter sometimes re—
ferred to as LESSEE,
WITNESSETH:''
ARTICLE I
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 foliowing premises and,
without limiting the generality hereof, the following facilities, rights,
licenses and privileges on and in connection with the Airport, as more partic-
ularly 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 more
particularly described in diagram marked "Exhibit A", attached hereto and made
a part hereof 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 elsewhere
granted in this agreement, the Lessee shall have the right to use the Airport
for the following specific purposes:
(1) The operation of a transportation system by aircraft for the
carriage of property, including all activities reasonably necessary to - such
operation, hereinafter referred to as "air transportation";
(2) The landing, taking off, loading, unloading, repairing, main-
taining, 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 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 documentation of shipments and the loading and unloading
of cargo and property at said Airport by such motor vehicles or other means
of conveyance as Lessee may desire or require in the operation of its air
transportation system, with the right to designate the particular carrier or
carriers who shall or may regularly transport Lessee's property and cargo to
and from the Airport, provided, however, that nothing contained herein shall
prevent the City from granting the franchise or franchises for limousine
service;
(4) The purchase at said Airport of Lessee's requirements of gaso-
line, fuel, lubricating oil, grease, food and other supplies, and any other
materials and supplies from anyperson or company of Lessee's choice, and the
making of agreements with any person or company of Lessee's choice for work
to be done for Lessee;
(5) The installation and operation of identifying signs on the
leased premises, the general type and design of such signs to be subject to
the approval of the Airport Manager, such approval not to be arbitrarily
withheld;
(6) The installation, maintenance and operation of such radio, com-
munication, meteorological and aerial navigation equipment and facilities in,
on and about .the premises herein leased and said Airport as may be necessary
or convenient in the opinion of the Lessee for its operations; provided that
the location of such equipment and facilities as might interfere with full
and proper use of the Airport shall be subject to the approval of the Airport
Manager, such approval not to be arbitrarily withheld;
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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. Space in Terminal Building. The right to sublease space from other
air transport operators holding current leases on Terminal Building spaces
is hereby granted for such uses as Lessee may desire to make thereof in con—
nection 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 tem 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 cannon 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 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,
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 to Lessee, or to said persons
or property.
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ARTICLE II
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 15th day of September , 1980, on a month to month basis,
and continuing until such term or agreements are reached with all contract
carriers setting forth fees and terms, unless sooner terminated as hereinafter
provided.
ARTICLE III '
QUIET ENJOYMENT
Lessor represents that it has the right to lease said property and
appurtenances together with all the facilities, rights, licenses and privi—
leges herein granted, and has full power and authority to enter into this
lease in respect thereof; and covenants that upon performance of the Agree—
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 alt times maintain_
and operate with adequate and efficient personnel and keep iru 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 maintains 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 illu—
mination 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.
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
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building at a'reasonable temperature; janitors and other cleaners necessa
to keep the Airport and all spaces in the Terminal Building at ail 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 domestic water, mechanical equipment
and piping necessary for cooling and heating Terminal Building space together
with the necessary hotandcold 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 V _
RULES AND REGULATIONS
Lessee covenants and agrees to observe and obey ail reasonable and law—
ful rules and regulations, not in conflict with the provisions hereof, which
may from time to time during the term hereof be promulgated and enforced by
Lessor for operation at said Airport.
ARTICLE VI
RENTALS AND FEES
Lessee agrees to pay Lessor for the use of all the premises, facilities,
rights, licenses and privileges granted hereunder, the following rentals,
fees and charges:
1. $4.50 per month for each exclusive Public Address micro—
phone located in Lessee's space.
2. $4.50 per month for each intercommunication instrument
located in Lessee's space. In the event that it becomes
mutually agreeable to install an intercommunication
system by the Southwestern Bell Telephone Company, so
that the intercommunication system is not provided by
Lessor, then this charge shall not be made.
3. Lessee agrees to pay a flat rate for electrical energy
consumed for its exclusive use based on actual cost to
Lessor.
4. 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.
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5. Lessee may from time to time lease space for the storage
of fuels and propellants at a mutually agreed upon loca-
tion on the airfield, upon terms and conditions mutually
agreed upon between the parties.
6. Landing fees paid by Lessee will be 66 1/2 cents per
1,000 pounds certified gross landing weight.
.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.
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ARTICLE VII
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 agreements for
work, materials, or services at the Airport; of transporting, loading, un—
loading or handling cargo or property to, from or on said Airport; or for
any other of the premises, facilities, rights, licenses, and privileges in
this lease.
Nothing contained herein, however, shall prohibit the Lessor from rent—
ing
enting space for or charging a reasonable fee to a catering service providing
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 nondiscriminatory 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.nondiscriminatory ad valorem taxation on personal or real property having
a taxable situs within the corporate limits of Lessor.. If any taxes other
than ad valorem or general sales taxes are paid by Lessee as a result of its
operation, the fees and charges in Article VII hereof shall be diminished in _
like amounts.
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ARTICLE VIII
DAMAGE OR DESTRUCTION OF LEASED PREt•MISES
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 sante with: due dili—
gence and within a reasonable time; and Lessee's rentals and other charges
with respect to said property shall be proportionately abated frau the happen—
..
ing of such damage or destruction until suchtime as the premises shall be
put in order.
ARTICLE IX •
CANCELLATION BY LESSOR
In the event that Lessee shall file a voluntary petition in bankruptcy
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 conducting and operating its transportation system: far the
carriage of cargo and property by aircraft at the Airport, or ;n: the event
that Lessee shall fail to perform, keep and observe any of the terms, covenant
or conditions herein contained on the part of the Lessee to be pex-fornted, kept
or observed, and any such condition or default 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 X
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
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suspend or terminate all or any of its obligations hereunder 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.
B. Any failure or refusal by the Texas Aeronautics Commission to
permit Lessee to operate into, from or through said Airport such aircraft
as Lessee may reasonably desire so to operate;
C. 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;
D. The inability of Lessee to use said premises and facilities contin—
uing 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 suspen—
sion; 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 suspension of this
lease in its entirety shall be added to the term of this lease or any renewal
or extension thereof.
ARTICLE XI
NONWAIVER OF RIGHTS
Continued performance by either party pursuant to the terms of this
agreement after a default of any of the terms, covenants and conditions
herein contained to be performed, kept or observed by the other party shall
not be deemed a waiver of any right to cancel this lease for such default,.
and no waiver of any such default shall be construed or act as a waiver of
any subsequent default.
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AR; rr� I
SURRENDER OF POSSESSION
Lessee agrees to yield and deliver to Lessor possession oF the premises
leased herein at the termination of this lease, by expiration ar 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 (903 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 equip
and other property installed 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 XIII
ASSIGNMENT OF LEASE
Lessee shall not at any time assign this lease or any part thereof with—
out the consent in writing of Lessor; provided, however, that without such
consent Lessee may assign this lease to any corporation with whicf 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=
ARTIC— LE (II
INDEMIFICATION
The Lessee, under the terms of this agreement, will not be: in control
or possession of said Airport and Lessee does not assume responsibility for -
the conduct or operation of the said Airport or for the physical er 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 ar
omissions and the Lessor shall in no way -be cesponsibl a 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 proximately 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
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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.
ARTICLE XV
NOTICES
Notices to the Lessor provided for herein shall be sufficient if sent
by registered mail, postage prepaid, addressed to:
Airport Manager
Route 2, Box 902
Corpus Christi, Texas 78410
and notices to the Lessee, if sent by registered mail, postage prepaid,
addressed to Lessee, P.O. Box 5596, Brownsville, Texas 78620 or to such
other respective addresses as the parties may designate in writing from
time to time.
ARTICLE XVI.
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 hereunder unless the same
terms, rights, privileges and concessions are concurrently made available to
the Lessee.
ARTICLE XVII.
FEDERAL AVIATION ADMINISTRATION
Whenever the term "Federal Aviation Administration'
lease, it shall be construed as referring to the Federal
tion created by the Federal Government originally as the
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is used in this
Aviation Adreiitistra—
Civil Aeronautics
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uEhori ty order cne :i v i l 12,9fonautic- Ac: o; fl , cr such athar as c -
or agencies of the Federal Government having from time to time similar jeers- .
diction over the Lessee or its business.
ARTICLE XVIII
iIEADINGS
The article and paragraph headings are inserted only as a matter of
convenience and for reference and in no tray define, limit or describe the
scope or intent of any provision of this lease.
ARTICLE XIX
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 -jurisdiction,. 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 tease_
IN WITNESS WHEREOF, the parties hereto have executed these presents as _
of the day and year first above written.
ATTEST: LESSEE: - -
AIR AMERICANA - --
• Secretary
ATTEST:
LESSOR: -
City Secretary CITY OF CORPUS CHRTSTI, TEXAS -
APPROVED: By
DAY OF . 1980: R. Marvin Townsend
J. BRUCE AYCOCK, CITY ATTORNEY City Manager
By
By
Assistant City Attorney
Director of Finance
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TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the 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 shall be read
at three meetings of the City Council; I, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAYOR
The Charter rule was suspend
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
HE CITY F CORPUS CHRISTI, TEXAS
by the following vote:
The above ordinance was passe. by the following vote:
Luther Jones
Edward L. Sample. AOF
. /
Dr. Jack Best
David Diaz FI./...,„,
Jack K. Dumphy
Betty N. Turner ,�/
Cliff Zarsky //1
15752