HomeMy WebLinkAbout16207 ORD - 04/29/19810 4-29-81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRFIELD
USE AGREEMENT WITH SUNDANCE AIRWAYS, INC., OF SAN
ANTONIO, TEXAS, ON A MONTH-TO-MONTH BASIS UNTIL THE
LEASES ARE CONSUMMATED WITH ALL USER AIRLINES, AT
A LANDING FEE OF 66-1/2¢ PER THOUSAND POUNDS, ALL AS
MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTAN-
TIAL 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 an airfield use agreement with Sundance Airways, Inc., of San
Antonio, Texas, on a month-to-month basis until the leases are consummated
with all user airlines, at a landing fee of 66-1/2¢ per thousand pounds,
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 in order that the airline may commence operations out of the
Corpus Christi International Airport at the earliest practicable date creates
a public emergency and an imperative public necessity requiring the suspen-
sion 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,,and the Mayor or Council Members,
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
29th day of April, 1981.
ATTEST: -�
City Secretary MAYOR
THE CITYLOF CORPUS CHRISTI, TEXAS
APPROVED:
7, y DAY OF APRIL, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
MICROFILMED
162o7 LSEP 71984
THE STATE OF TEXAS
COUNTY OF ti UECES
This Lease Auree;ier.t, :ado and entered into this the _ day of
, 15 , 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, organized and existing under
the laws of the State of Texas, situated in tlueces County, Texas, hereinafter
referred to sometimes as LESSOR, and SUNDANCE AIRWAYS, INC. hereinafter
somhatinos referred to as LESSEE,
WiTtiESSETI{:
ARTICLE I
PREMISES
Lesser, as sponsor and owner of the Corpus Christi International Airport,
located -in fueces County, Texas, does hereby, for. the uses and purposes and
for the consideration as hereinafter stated, devise and let ;into Lessee, and
Lessen dons hereby hire and take from Lessor, the fovier:ing preois_s and,
without limiting the generality hereof, the following facilities, rights,
licenses and privileges on and in connection with the Airport, as more Parti :--
ularly hereinafter set forth:
A. Use ef•Airnort. The use by Lessee, its Employees, passenger„
g:,•ests, 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 "Cxhibit A", attached hereto and made
a part hereof for :-sore particular reference, together .iitli all facilities,
ie:provements, equip.:vent and services which have been or :...ay be hereafter
j.rovided for common use at cr in connection with said :A'rp rt.
D. Seo -:if• _
_�7,: •.� ?C Ih G'r.t; at ;ai rnrrt in addition to all rights elsewhere
anted in this agreement, the Lessee shall have the right to use the Airport
.;)r the foil^,e:i .g specific purposes:
(1) The operation of a transportation system by aircraft for the
carriage of proper`,, including all activities reg:,... -5 y ...._c, ary to such
opt ati-o-n —fereinafter-ref:rred to as "-aair tr a'.Psportatien"; -
f)w. ti
(2) The landing, taking off, loading, unloading, repairing, main-
taining, conditioning, servicing, parking, storing and testing of � aircraft
or ether equipment including the use of a reasonable ar'3:nt of conveniently
located ramp area ;•mica Lessor will keep in good repair, and locations to
e :nutually agreed upon, adequate storage facilities for gasoline, oil,
creases 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 o`
Lessee;
(3) .The documentation of shipments and the loading and unloading
cf cargo and property at said Airport by such motor vehicles or ether 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 Cr
carriers who shall or „ .e::ularly transport Lessee's property and cargo to
and from the Mrsort, provided, however, that nothing contained herein r;hal.
p _.ant the City from: granting the franchise or franchises for limnin=g^
ser is
(4) The purchase at said Airport of Lessee's regUirenents of g•ise-
line, fuel, 1ubr•ic.cin; oil, grease, food and other supplies, and any_etiv_r
materials and supplies from any person or company of Lessee's choice, and t.._
me.kinq of agree."ients 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 i'anager, such approval not to he arbitrarily
wi thheld;
(6) The installativl, maintenance and operation of such radio, Com-
:'.inication, meteorr.;ocic.l and aerial navigation equipTert and facilities in,
on and about the pr\„is2s .n leased and said Airport as may be necessary
or convenient is :info 1 ., t':e Lessee for Its cper.L1 :, ; pro ii. -ad t`. -
the 1ocation of such enuilizeot Bird facilities as mighi- interfere with fuli
- and proper use of the Airport t s':•a? i he subject to the approval of the Airport
Manager, such approval not to he arbitrarily withheld;
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The rig ts, licenses and privileges granted,the Lessee under this
Article 1 wi:b respect to the performance of ground services and activities
in connection with its air transportation operations at the Airport may be
exercised b_ the Lessee for and on behalf of the Lessfe by any company or
person desi_nated by Lessee.
C. ;pace in Terminal °uildinn. The right to sublease space frcn ether
air transport operators holding current leases on Terminal Building spaces
is hereby granted for such uses as Lessee may desire to rake therecf.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 tern 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 t.e
Lessor's operation of the Airport and at the time not leased to others, :rheter
such space is adjacent to the•space leased hereunder or otherwise, together
with any or all rights, facilities, licenses, and privileges appurtenant `c
such space and to the Airport, upon the same general terms and.conditicns
as are herein established.
D. Parkinn Sp-.ece The use by Lessee and its e. -p ie_:ees , in cc -con only
with the other air transport operators who may be lessees of :pace -art the
Airport and their erpieyees, of adequate vehicular parking space located as
near as possible to said Terminal Building. A charge per r.nnth per
employee may he made for t}:e 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. Ri ht of Access, !naress and Egress. The full and unrestricted
rights of access, ingress and egress with respect to the premises outline'
in paragraphs A to D above, for Lessee, its employees, passeraers, guests,
patrons, invitees, suppliers of materials and furnishers of service, its
or their aircraft, equipment, vehicles, machinery and cther property, subject
to Airport security regulations, without chart_ to Less_-, or tc said persons
,.ns
or property.
-3-
ARTICLE lI
Lessee shall have and held said premises, facilities, rights, li-•!ayes
and privile^.e: set forth in paragraphs A to E inclusi: of Article E, for
ter:_ con.r racing on the--____-_. day of----_--�---- 19 , on a month to month
l,asi;, and ccntinuino until such term or agreements are reached with all c;•n-
tract carrier; setting fort}: fees and terry, unless sooner terminated a.
hereinafter provided.
ARTICLE III
QUIET ENJOYMENT
Lessor represents that it has the right to lease said property and
appurtenances withthe
:, togetherall facilities, rights, licenses and pri:•i-
lc;es herein arantea, an? has full power and authority to enter into this
ease in respect thereof; and covenants that upon perfor::anc_ of the A,ree-
_s on the part of Lessee to he performed hcrcunc_-, Lessee shall
, -,.ecl :y
ho:e and enjoy s¢:i:' -.^.•:ses, a;;urtcnarces, facilities, rights, s, iic^..Ses
and privileces.
ARTICLE IV
'":.RITE rl4UCE Afl° OPERATION OF ; "OR T
Lessor agrees that it will develop and improve, a..'• at all tires : _.int::^
.;nd operate wit.. adeeua ,, ar,d efficient personnel and k' , in pori r';.?ir
said Airport and Terminal `Juildine, and the appurtenances, facilities and
services now or hereafter connected therewith, and keep said Airport and its
approaches free froa obstruction, congestion and interference for the safe,
nonvenier t.a nd pr or Use thereof by Lessee, and will maintain and operate
said Airport so as to approved byFederal :,
entitle it to the approv c ratir.r, the . �. i f•.•: ia'.-ori
Ar ncy and all other appro,.riate regulatory authorities in respect to all
present and future operations of Lessee. Lessor shall pro•/ido adequate ii
r:inntion for the lot:ding•ra::p arca adjacent to the Tei- nal c:aiding mit-. ..
u;inir:un of three foot candles at a distance of 75 feet f:•oe the ramp fence
line,
It is expressly understood that the Lessor will 'rec;; the public space.
in the Terainai Building attractively furnished, and will provide and :uppiy
adequate light, electricity and water for_the public space; heat during, cold
weather and air conditioning during warm weather sufficient to keep the
-4-
,�. �•�-'sem •�;�--?�lK�Y
huildi:Ig at a redsorabie trri;erature; janitors and other cleaners necessary
to keep the Airport an•1 all spaces in the Terminal Building at all tiro
clean, neat, crderly, sanitary and presentable; such personnel as may be
necessary to facilitate the use of the Airport and Terminal Cuilding-and
the appurtenances, facilities and services as aforesaid by anyone 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 hot and cold water to air-condition and heat said space.
ARTICLE V
PULES AND REGULATIONS
Lessee covenants and agrees to observe and obey all reasonable and law-
ful rules and regulations, not in conflict with the provisions hereof, which
.. frn+n„ir^n to ti; -n during the lerm hereof be pro:::al: 'ted and enforced iv
Le't.:..r for operation at said Airport.
tRTICLE VI
R`.;TAL` MID FEES
LcssCC afirees t. ;:ay Lessor for the use of all th'_ premises, iaCiiitie-•.
rights, licenses and privileges - t• l� :es ,ranted hereunder, the pals
following rentals,
•,
fees and charges:
1. S4.50 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 rot 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 cast to
Lessor.
4. Lessee nay from time to time rent space an the airfield
upon terms mutually agreed upon between the parties and
at such locatiGns as may be mutually agreed upon, for
the location of shop space.
04=-
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.
5. Landing fees paid by Lessee will he 66 1/2 cents per
1,000 pcu^ds certified gross landing weight.
The above listed rentals and fees shall become due and payable on a
anthl_r• Iasis. 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 [wade;
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
C.'? not measure up or conform to the standard set in this agreement, or are
. fer otherYeas•,. , usable !;:i the Lessee in all its :-.id cp^_rations ane
`:tsiness. _- :01a1 b•e prorated for any portion of c calends:- month at
t! a -....._.._--a.._ ars_ ter iination of this agreer•.en`_.
A?TICLE :VII
rri.wS,mus OR TAI_;
1o, rentals, fe's, li:eare, excise or operating taxes, tolls or other
__.t; Jno„ except th:<,a herein expressly provided, shall charged against
r -r collected from, ..rr:ctly or indirectly, the Lessee or any ether person
ecgaged in st:ppl in'J Lessee, for the privileges of buying, selling, .using
:toricg. withdrawing, handling, consuming or tre.nsncrtir.; ...•:teriai> or other
supplies to, from or on the Airport; of making or performing agreements for
work, materials, Cr services at theAirport; of
transporting, loading, un-
loading or handling cargo or property to, from or on said Airport; or for
any ,ther of the premises, facilities, rights, licenses, and privileges in
this lease.
::..thing cnntaired herein, however, shall prohibit t::^ Lessor from rent•-
ino space for Or chargiri a .:psi;n.ble fee to a catering r = providing
. ser•tr c. r vi[[trig
.'cod prepared an the Airport, or fron 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 florae 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 tray 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 booing
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.
ARTICLE VIII
DA..'..:_ OR :-:ESTRUCTION OF LEASED PREMISES'
If -any property, part or all of which is leased -to Lessee, shall he
partially damaged or wholly destroyed by fire or other casualty, lessor at
its awn cost and expsnOe shall repair or reconstruct the saran with d;:e. dili-.
gcnce and within a reasonable time; and Lessee's rentals and other chem•••.
with respect to said property shall he proportionately abated from the happen-
ing of such damage or destruction until such'tire as the premises shall he
put in order.
ARTICLE IX
CANCELLATiOi BY LESSOR
!n 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 t'r.
court shall take jurisdiction of Lessee and its assets pursuant to proceedings
brought under the provisions of any Federal reorganization act, on 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 conductinc. airi operating its transportatitin system for the
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carriage 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, co•.e n; nt:
or conditions herein contained on.the part of the Lessee to be performed, 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 conditicn
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
no=tice; and the tem hereby demised shall thereupon cease and expire at the
end of such twenty (20) days in the same manner and to the see effect as if
it were the expiration of the original term.
ARTICLE X
CANCELLATION BY LESSEE
Lessee, in addition, to any right cf cancellation or any other richt
.._-.in given to Lessee, may suspend or cancel this lease in its entirety cr
suspend cr terminate all cr any cf its obligations hereunder at any time, -
!y thirty (30) days' !mitten notice, upon or after the happening of any one
• of the following events:
A. The suspension or termination of Lessee's Certificate of ?ublic
iC.r,:r•ienience and necessity.
B. Any failure or refusal by the Texas Aeronautics Cormission 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
...r=ained and the failure of Lessor to remedy such breach for a period of
thirt•: (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 loncer 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 Laslee or due to war,
earthquake or other casualty.
In the eve:t that the Lessee shall suspend this lease or any tof its
Ol igations, as herein provided, Lessee shall have the further richt, 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 cave rise to the suspen-
sion; and, if Lessee does not so cancel, such suspension shalt terminate
sixty (60) days after termin„tion of such condition or event and written
nee.ice 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 extensicn thereof.
ARTICLE XI
iIOIWAI`1ER OF RIGHTS
Continued performance by either party pursuant to the terms of this
aarce ent after a default of any of the terms, covenants and conditions
herein contained to he performed, kept or observed by the Either party shall
not to deemed a waiver of any right to cancel this lease for such default,
and no :•i-aiver of any such default shall be construed or act as a waiver of
any subsequent default.
ARTICLE XiI
SURRENDER OF POSSESSION
Lessee agrees to yield and deliver to Lesser possession of the premises
leased herein at the termination of this lease, by expiration or otheriise,
or of any renewal or extension hereof, in good condition. in accordance with
its express cblioations 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 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 leas_ or any part thereof 'with-
out the consent in writing of Lessor; provided, however, that ;rithcut such
consent Lessee may assign this lease to any corporation with which the Lessee
may serge 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 XIV
IttDEM?IiFICATIO1I
The Lessee, under the tens of this agreement, will not be in control
or possession of said Airport and Lessee does not assume responsibility for
the conduit or operation of the said Airport or for the physical or other
conditions of the sane. However, it is exprc-s:y 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 er
omissions and the Lessor shall in no way be responsible therefor. It -is
,further agreed that in its use and enjoyment of the field,-pre,"ises_an•I
facilities herein referred to, the Lessee will indemnify and save har- le s
the Lessor from any and all claims or losses that may proximately result to'
the Lessor fro- any negligence on the part of the Lessee, its duly aut_f:r.r•i:••d
agents or employees, and shall in all ways hold the Lessor harmless from
sae, pro•:ided the Lessor shall give to the Lessee precept notice of any
claim, damage or loss, or
seasonably to investigate
alleged negligent conduct
er;nioyces.
action in respect thereto, and a;i opportunity
and defend against any claim or action based upon
of the Lessee or its duly authorized agents or
ARTICLE,XV
t;OT I CES
Rotices to the Lessor provided for herein shall be sufficient if sent
registered mail, postage prepaid, addressed to:
Airport Manager
Route 2, Cox 902
Corpus Christi, Texas 78410
-10-
by
and notices to the Lessen, if sent by registered mai!, po;ta,e prepaid,
addressed to Lessee,
, or to Su+,
•_•
other respective addresses as the parties may designate in writing from time
to time.
ARTICLE XVI
COVENANT iJOT 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 tens than this lease or to grant to any other
air transport operator rights, privileges or concessions with respect to the
said.4irport which are not accorded to the Lessee hereunder unless the sane
teras, rights, privileges and concessions are concurrently made available to
the Lessee.
ARTICLE XVII
FEDERAL AVIATION ADMINISTPATIO.'I
Whenever the tern,"Federal Aviation Administration" is used in -this
ease, -it shall br construed as referring to the Federal Aviation Ad=inistr•:_
tion creat=d by the Federal Government originally as the Civil Aeronautic.;
Authority under the Civil Aeronautics Act of 1938, or to such other agency
or agencies of the Federal Government having from time to time sir..ilar juri s -
diction over the Lessee or its business.
ARTICLE XVIII
HEADINGS
The article a'' 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 provision of this lease.
ARTICLE XIX
IiIVALID PROVISIOii
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 coy;,, of competent jurisdiction, otherwise
• or oto er.i
appears to boli parties to he invalid, the invalidity of any such covenant,
corditioe or provision shall in no way affect any other covenant, condition
cr 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 riohts and obligations contained
in the valid covenants, conditions or provisions of this lease.
It1 WIT1ESS WHEREOF, the parties hereto have executed these presents as
of the day and year first above written.
ATTEST: LESSEE:
Secretary
ATTEST. -
City Secretary '
A: n pr,vED:
By
DAY OF , 1980: R. Marvin to:•:nsend
By
LESSOR:
CITY OF CORPUS CH.RTSTI-, TEXAS
City Manager
J. 2RUCE AYCOCK, CITY ATTOR1EY
APPROVED: G!vat(,LcjiL,/
assiptant City Afton- (Department uead)
4;. % •
. \
\\ \\\i\
\, ., \ \\� %
Corpus Christi, Texas
day of O A, , 19
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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, Respectfully,
Council Members
MAYOR 1/
The 'ity of Corpus Christi, Texas
The Charter rule was suspended by thee following vote:
Luther Jones
Betty N. Turner G, L`°
Jack K. Dumphy
a'—t12-
Bob
-Bob Gulley
Herbert L. Hawkins, Jr. Ll'to
Dr. Charles W. Kennedy
Cliff Zarsky
()_oft
The above ordinance was passed by the (following vote:
Luther Jones
Betty N. Turner _ L o
Jack K. Dumphy �Y
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy `-^"f-'
Cliff Zarsky
CL
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16207