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HomeMy WebLinkAbout16164 ORD - 04/01/1981rl :3/30/81 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND METROFLIGHT, INC., DBA METRO AIRLINES, COVERING THE SUBLEASING OF SPACE AT 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 and he is hereby authorized to execute a lease agreement between the City of Corpus Christi and Metroflight, Inc., d/b/a Metro Airlines, covering the subleasing of space at 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". 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 /2t— day of April, 1981. ATTEST: retary APPROVED: / DAY OF APRIL, 1981: J, BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit; orney If1'4 THE C TY OF CORPUS CHRISTI, TEXAS 0 MICROFILMED. 'SEP 2 71984 THE STATE OF TEXAS COUNTY OF :: 'ECES This Lease Agrt:e-ent, Nide and entered into this the day .f , 19 , by and between the City o," Corpus Christi, acting herein by and through its City Manager, with authority duly conferred ::g the City Council, a municipal corporation, organized and existing ui' r the laws of the State of Texas situated in Huec_ , ^s Count;, Texas, hercu:aitr ref erre:l to so-etires asLESSOR, and /4e S j l4j,`', 'TK �, 1 here in_ r ter scr.;•�tir:es . eferred to LESSEE, v` W-!: E S S E T ii ARTICLE i PREMISES .c•sscr, as sp_,..or and owner of the Cor;r, Christi :r._rr,atinr,ai i•.: „r', io_ated in Ntle:ns County, Tc-yas, -!oes hereby, for the tiSUS f:r the con,:,+:crag:-n as , ereineftnr stated, .-_..,_, . arm: let :';t. Le.,sce, .si:e does hr.rety ..,re and take from Lessor, the ion -. isss t°'.e g nerel ity hereof, the ict-nses and e' ..ilries on and in connection Oth f,irport, °S. mor r:l?C ly l,er-i.ina tr:r er forth: A. 1j _--_-�t. .he use by Lessee, its _ ir. __ , , :-__age: , t , ._:-oits and invitee':, in co:amon with other d:;l, u' -it!,, is:ed user: th,f , ibi ii. • ,: tion- o;' sain Airport and apparte'lanccs, tr.c „ heir:g d cried in diagram marked 'Exhibit A", hereto ,.re a part hereof for :_re _articular reference, together .tIall fa_ilitie -irove-ie.,ts, c:. ., _:.^.'. ar.,i scrvices l•:hich have been o, :. h sf _ .:e cmc.. tc: , r:J•: lee? ,or ccGr.6'. -.u: .._ er in connection 'itn n _�•-- ��-----'�-- .t 'ill:ort. in addition to all ri;hts elsewhere _ ,-„tr:d in this ar:-,...en, , thn lessee shall ha...':e - _ to _ the .iir;-r,r .:)r _._ fc110,:. , ... .;o:es: (1) : 1; .Gr.' ',` ra � a Lrd:i5pr1'uitiCa :>;/'i_.'"! y aircraft for :'-,e c.::7.,a•ie of 71';::1.. incldi'15 all activit'.es r^ -,,. l' ::rices. -y to sue!: operation, .erei ni'i:er .or-red to as "lir trans anon"; (2) he landing, taking off, loading, unloading, ropairino, main- taining, co,c]itioning, servicing, parking, storing and testing of aircraft or cher 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 under;riters' standards, together with the necessary pipes, pumas, rotors, 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 es Lessee may desire or require in the operation of its air transportation system, with the right to designate the particular carrier cr carriers who shall or say regularly transport Lessee's property and cargo to and :rcri the Aircert, provided, however, that nothing contained herein shall pre':ent .he City fro•- granting the franchise or franchises for lieous'ne service; (4) T' -e pur"hase at said Airport of Lessee'., rPcuircrwnts 0f r,• - lin'•, furl, lubricating oil, grease, food and other ,upplie;, and any other materials and supplies from any person or company of LessCe's choice, and L._ making of agreements with any person or company of Lessee's choice for work to be ;:one 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 l'anager, such approval not to be arbitrarily withheld; (6) The installation, maintenance and operation of such radio, com- municatior,, etcoroical ::rd aerial navigation equipment and facilities in, on and about the prt:::is he: -tin leased and said Airport .... may be necessary ... convenient . of the Lessee for its opera...inn , pro i•.'ed that the location of such ecuip':ent and facilities as might interfere with full and proper use of the !Airport shall be subject to the approval of the . .irr.ort Manager, such approval cot to -he arbitrarily withheld; -2- The riga:, licenses and privileges granted the Lessee under this Article I with respect to the performance of ground services and activities ,n connection with its air transportation operations at the Airport r:ay be :excised by the Lessee for and on behalf of the Lessee by any company o: arson desinneted by Lessee. C. Space in Terminal "uildina. The right to sublease space from other air transport operators holding current leases on Terminal Cuilding spaces is hereby granted for such uses as Lessee may desire to raise 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 ti;::e during the tens 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 .,.:ch space is adjacent to the space leased hereunder or otherwise, together :with any or all rights, facilities, licenses, and priviiencs appurtenant tr, s:ich space and to the Airr rt, upon the sane general teras and conditions herein established. D. Poriin Grace. The use by Lessee and its e:•,olo,: es, ,:1 cor::.on Gni y with the other air transport operators who may be ies3ci:, of space at the Airport and their employees, of adequate vehicular parking space iocated r.s near as possible to said Te-minal (iuilding. A charge per wonth per ewployee pay be rade for the use of this space. The charge i•:ill he levit:d only in the event that additional parking space must be built to accecx:nddte e-ployees' vehicles. E. Right of Access, Ineress and Egress. The full and unrestricted rights of access, ingress and egress with respect to the premises outli::ed in paragraphs A to g above, for Lessee, its employees, passengers, guests, patrons, invitees, suppliers of materials and furnishcrn of service, its cr their aircraft, equipment, vehicles, machinery and cther property, subject to Airport security regulations, without charge to Les se_, or to said pers.-Ts or property. -3- ARTICLE Il Less:-: ;hall have and hold said premises, facilities, rights, lf,en.,es and privileoe: :et forth in paragraphs A to c inctusi.;.,, of Article I, fcr a ter:,: co":n:encing on iI'.e a --_-_-._c._ay of i9 en a month to rn:n;h r..asis, and continuion until such term or r with all, agreements arc reached �•ri,.•i ,. tract carriers setting forth fees and terms, unless sooner terminated a. hereinafter r,rovided. ARTICLE III QUIET Ei1JOY?•!ENT Lessor represents that it has the right to lease said prcperty and appurtenances together with all the facilities, rights, licenses and privi- leges herein granted, and has full power and authority to enter into this 'fease in respect thereof; and covenants that upon performance of the Agree_ -.., .s co the part or Lessee to he performed hereunder., l.e.:ce shall • ;y r. e and enjoy _-:id pre:iises, appurtenances, facilities, rinhts, licenses and privileges. - - ARTICLE IV P'AInT flANCE A11O OPERATION OF I•r.Op- Lessor agrees that it will develop and improve, a':d at all tires .:nrl operate with ac-!nuate• and efficient personnel and kr-in in r•nrd rorlir said Airport and Terminal uul idinc, and the ap purtenai:ccs, facilities ar,d oer'lices now or hereafter connected therewith, and veep said Airport and :_s a,.aroaches free fro --r obs:ruction, congestion and interference for the safe. :-.(;nenient and proper use thereof by Lessee, and will maintain and oilera`r! Said eirport so as to entitle it to the approved rating by the Federal f iaLi on cncy and all other appropriate regulatory authorities in respect to all present and future operations of Lessee. Lessor shall provide adequate illu- mination for the lo. -:ding ratio area adjacent to the Terminal Building wit.. . r.iniru„ of three foot candles at a distance of 75 feet from the ramp fence line; It is expressly understood that the Lesser will r -en the public space in the Teroiinal Building attractively furnished, and will provide and supil; adequate light, electricity and water for the public space; heat during cold weather and air conditioning during ware weather sufficient to keep the -4- l::;i idinc at a reasonable tf:' ; nature , Janitors and other cleaners necessary to keep the r t and all spaces ir. .._, the Terminal Building al) ti clean, neat, orderly, sanitary and presentable; such personnel as Try be ::ecessary to facilitate the use of the Airport a:,.. Terminal Cuilding:ar,d the appurtenances, facilities and services as aforesaid by any one hereunder entitled to use the same. Lessor agrees that it will provide domestic inter, mechanical equipment and piping necessary for cooling and heating Teraina] Building space together with the necessary hot and cold water to air-condition and heat said space. ARTICLE V RULES MD REGULATIONS Lessee covenants and agrees to observe and obey all reasonable and law - ''.1 rules and regulations, not in conflict with the provisions hereof, ;Ain from tiwe to ti: -:e curring the tern hereof be p omalq,:ted and enforce,! !; !.e_...for operation at seal Airport. • ARTICLE VI RE;;TALS /UID FEES - Lessee agrees pay Lessor for the use of all the rights, licenses andrivi R 1 yes granted hereunder, the ;"o)loa;i--s. yenta, fees and charges: 1. $4.50 per month for each exclusive Public Address micro- phone located in Lessee's space. 2. S4.50 per month for each intercommunication instrument located in Lessee's space. In the event that it"becomes mutually agreeable to install an intercommunication system h the Southwestern Bell Telephone Company, so that the- intercormunication 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 et such locations as may he mutually agreed upon, for the location of shop space. -5- . Lessca e.ay fru:, tie to time 'vase space Tor Cr.c s cf fuels ard nropellants at a mutually agreed upon lora- t.fon or the airfield, upon terms and conditiontually agree,' upon between the parties. 5. L.r1ir. fee; by Lessee will be 56 7/2 cr‘nts per 11,0;7 ;cun.is rortif'td gross landino The above lis:crl rentals and fees shall hecr-e due and payable on a thly basis. Pay:-ents shall be made to the Airport Yanager or to .sch other agency of the City as may be npecifically designLed in writing by te Lessor. The f.....regoing payments shall be made on or hefern the 15th calendLr m.1:11h next succeeding that for t..hich pt-i7est is being ,::ec; :.rovided that in no as will said amount be payable until ten (10) days aft: --r receipt by the Lessee of a written bill therefor from Lessor; and 7videi that Lessee shall not be required to pay in rc.,pect to any time or ti -es during whi:-.h the facilities and privileges of said Airport and proLli:es rfti not measure up or confc.rm to the standard set in thiagreement, or are fcr othr rascr.; usable by th=. Lessee in nil its naid operation: amd Payr.:;ts 5•hall be for any porn:1 of c calendar month at a!-ri of tnis agremenl. VILS 50 0y: nD ntals, fes,icepfe, excise or cperatinn taxes, tolls or c. 1!:r except th:%e reeApressly provided, shall c!:ared asainst or r.ellected from, or indirectly, the Lessee or zlny (-.0.er person enga,.3ed in Lessee, for the privileges cf buyirg, scilinl, usin, withd-awicg, handling, consuming or transportinj materials or oth.:r supplies to, from or on the Airport; of making or perfonning i,grcements 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 pre:liscs, facilities, rights, licenses, and privileses in this lease. nothing centaid herein, however, shall prohibit the Lessor from renl- ing space for or charrjing a r,:asonable fee to a catering set -vire providing -6.. food prepared c,n the Airport, or from granting franchises for••the operation of limousine and taxicab and rent -a -car services 'or from charging a fleait;;: fee to operators vending fuels and lubricants on the Airport, provided that no such flown;e 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 cr conducted outside the boundaries of the Airport and within the corporate limits of Lessor; and it is not to linit 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 ttan ed 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. ARTICLE ViiI OA!` -=.;E OR DESTRUCTION OF LEASED PREMISES If ar:y property, part or all of which is leased to Lessee, shall be ra;tially damaged or wholly destroyed by fire or other casualty, Lessor at its ewe cost and ex:oenze ball repair or reconstruct the sar•,e with c!ue d l i .. c; 2n%e and within a reasonable time; and Lessee's rental; and other Cil ll't:r, with respect to said property shall her t•-� proportionately abated from the happen- ing of such damage or destruction until such time 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 Lesson 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 he appointed, or that Lessee shall be divested of, or be prevented by any final action of any Federal or `tate authority from conducting and operating its transportation system for the -7- rriage of cargo and property by aircraft at the Airport, or in �. the event that Lessee shall fail to perform, keep and observe any of the terms, coven,mts or conditions herein contained on the part of the Lessee to be performed, kepl- or observed, and any such condition or default shall continue for thirty (' days after the receipt of written notice from Lessor to correct such condition er cure such default, prior to the correction or of curing of such condition cr default, if applicable, terminate this lease by a twenty (20) day written notice; and the term hereby demised shall thereupon e� cease and expire at thr: end of such twenty (20) days in the same manner and • to the same effect as if it were the expiration of the original tern. ARTICLE X CA'!CELLATIOU BY LESSEE Lessee, in addition to any right of cancellation or any other right l. er'-in given to Lessee, may suspend or cancel this lease it its entirr.r_.J_c:r suspend or terminate all or any cf its obligations hereunder at any time, ky J (30) days written notice, upon or after naw happening of any one of' the following everts: A. The or suspension r- termination ofr• Lessee's Certificate l(:ate Cf ?ll,`'i1 it Ctnvenience and necessity. B. Any failure or refusal by the Texas Aeronautics Commission to permit Lessee to operate into, from cr through said Airport such aircraft as Lessee may reasonably desire so to operate; C. The breach b_: Lessor of any of the covenants or agreements herein contained and the fail::re of Lessor to remedy such breach for a period of thir`_• (30) days after receipt of a written notice of the existence of such 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 re,ulation of any appropriate governmental authority having jurisdiction over the premises or the operation of Lrs;ee or due to war, - earthquake or other casualty. In the -,.e-t th..t the Lessee shall sus end this lease or any of its obligations, ,s herein provided, Lessee shall have the further right, during such suspens'.on, to cancel this lease or any of its obligations by givirg Lef.sor thirty (30) days' written notice of such cancellation at any time p'or to tera:inatien of the condition or event which -..ave rise to the suspen- sion; and, if Lessee does not so cancel, _such suspension shall terminate sixty (GO) days after ter,in:,tion of such condition or event and written notice thereof fro:- Lessor to Lessee. The period of anysuspensionof this lee.e.in its entirety shall he added -to the term of this lease or any renewal or extension thereof. • PRTICLE XI Y,Of:•iAIVEB OF RIGHTS Continued performance by either- party pursuant to the terms of this ?.nree-ent 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 I•;a4:er of any right to cancel this base for such default, and nu waiver of any such default shall be construed or act as &waiver of any s:lbsequent default. ARTICLE XII SURRENDER OF POSSESSION Lessee agrees to yield and deliver to Lesscr possession of the prcmiaes leased herein at the termination of this lease, by expiration or otherriso, or of any renewal or extension hereof, in good condition in accordance with it, express obligations hereunder, except for reasonable wear and tear, fire or other casualty, and Lessee shall have the right at any time during said ter,, or any renewal or extension hereof, and for ninety (90) days after the termination hereof, to remove any buildings, structures, or facilities it nay erect or install on the premises and to remove all fixtures and equipment and other property installed or placed by it.at its expense, in, on or about .the Prc.7,ises herein leased; subject, however, to any valid lien which Lessor r:y have thereon for unpaid rents or fees. -9- 2 -i,nd notices to the Le ;see, if sent by registered rail, po;tage prepaid addressed to Lessee, h,d.5c xn,00g,14aus-1-(44,7'exas, 7%OSg or In SutF. Other rest•^c:.ive addresses as the parties may designate in writing from L;r..� to time. ARTICLE XVI COVENANT NOT TO GRANT MORE FAVORABLE TERMS Lessor covenants and agrees not to enter into any lease, contract or aoreemer.t with any other air transport operator with respect to the Airport containing more favorable teras,than this lease or to grant to any ot:!er air transport operator rights, privileges or concessions with respect to the said Airport which are not accorded to the Lessee hereunder unless the same ter-rs,'rights, privileges and concessions are concurrently made available to the Lessee. ARTICL"c XVII FEDERAL AVIATION.ADiiIllISTPATIO;! Whenever the terra "Federal Aviation Administration" is used in this lease, it shall be construed as referring to the Federal Aviation Ad::inistr-.a- t c•n created by the Federal Government originally as the Civil t.eron.letiL.. Authority under the Civil Aeronautics Act of 1938, or to such other a er' y or agencies of the Federal Government having from time to time similar juris- diction over the Lessee or its business. ARTICLE Mini 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 scone or intent of any prevision of this lease. ARTICLE XiX iNVA.LID PROVISION it is further expressly understood and agreed by and between the parties hereto that in the event any covenant, condition or nrnvision herein conta;ned is held to be invalid by any court of competent jurisdiction, or othc'r;fis.• appears to both parties to be invalid, the invalidity of any such covenant, coni tion or provision shall in no way affect any other covenant, condition Gr provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either -..ho Lessor or the. Lessee in its respective rinhts and obligations contained in the valid covenants, conditions or provisions of this lease. IN WITNESS Wi!EREOF, the parties hereto have executed these presents a7. of the day and year first above written. ATTEST: LESSEE: Secretary ATTEST: By LESSOR: City Secretary CITY OF CORPUS CHRISTI, TEXAS ApnorIVED: BY - DAY OF - --- , 1980: R. Marvin Townsend J. nUCC AYCOCK, CITY ATTORNEY Bv City Manager APPROVED: AS5 tant Ci ty Attorley (DeparLNant read) • • v;7•447":f.'" • • 4 - - 1 • I Y 1.141 PAD —Tht • ) —Th :pus CLrif.zi JitcrnZj�, 1 Ai:porz ie 1" - 1, 000' 05:; /e)11 :,E.,0-7,• 5/ Corpus Christi, Texas It day of TO THE MEMBERS OF TIIE 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 finplly 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, MA #(744"'°° - TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was pass d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo.Luna Betty N. Turner Cliff Zarsky