HomeMy WebLinkAbout16771 ORD - 12/23/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH SUPERIOR HELICOPTERS, INC., COVERING
A COMMERCIAL HANGAR LEASE PLOT AT THE CORPUS CHRISTI
INTERNATIONAL AIRPORT, WITH UTILITY LINES, A ROAD
EXTENSION, RAMP AND TAXIWAY EXPANSION TO BE CONSTRUCTED
BY SUPERIOR HELICOPTERS, INC., AND PAID FOR BY THE
CITY OVER A PERIOD NOT TO EXCEED SIXTY (60) MONTHS
THROUGH RENT REDUCTION AND FUEL FLOWAGE FEE REDUCTION,
ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE LEASE
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1°
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute
a lease agreement with Superior Helicopters, Inc., all as more fully des-
cribed in the lease agreement, a substantial copy of which is attached
hereto and made a part hereof, marked exhibit "1". Said agreement covers
a commercial hangar, a fixed base aviation lease plot, and the. repayment
5
through reduced rental and fuel flowage fees of construction expenses
incurred by Superior Helicopters, Inc., for extension of a sanitary
sewer line, a water line, an asphalt road, an asphalt ramp and a portion
of a taxiway. The agreement shall be subject to the following conditions:
A. Superior Helicopters, Inc., shall pay a rental rate of seven
and one-fourth (7 1/40 cents per square foot per year for the improved
area; two and one-half (2 1/2¢) cents per square foot per year for the
unimproved area; and a flowage fee of six (6¢) cents per gallon of fuels
purchased, except that sold to commercial airline aircraft holding valid
operating contracts on the airport, and except that lost due to theft or
leakage upon furnishing proof of such loss. The City retains the right
to adjust the rates for fuel flowage fees with such rates to be published
by ordinance duly adopted by City Council.
8. Superior shall immediately begin making improved area rental
payments on sixteen thousand eight hundred (16,800) square feet for a
hangar which is expected to be built by Superior by April 1, 1982.
16771
SEP 2 81984
MICROFILMED
HANGAR LEASE
This lease is entered into on the day and year below stated
between the City of Corpus Christi, a home rule city, situated in Nueces
County, Texas, hereinafter called City, and Superior Helicopter, Inc.,
Texas corporation, hereinafter referred to as Superior, upon these terms,
performable in Nueces County, Texas.
ARTICLE I
DESCRIPTION OF LEASED SPACE
City leases unto Superior an area designated for commercial
hangar located generally on the west side of the terminal building as shown
on the attached drawing marked Exhibit "A" which is made a part hereof as
if copied verbatim herein and specifically described as follows:
Starting at the intersection of the extension of the northern
boundary of taxiway "P" (perpendicular to runway 13-31)
if extended in a northeast direction, with the extension
of the northern boundary of taxiway "P" (parallel to
runway 13-31) if extended in a northwest direction, to
a point for a place of beginning; •
Thence turning left ninety degrees and continuing northwest
parallel to the northeast boundarL of taxiway "P" for a distance
of 750 feet for the southwest corner;
Thence turning right ninety degrees continuing northeast for
350 feet for the northwest corner;
Thence turning ninety degrees continuing southeast along a line
parallel to the northeastern line of taxiway "P" for a distance -
of 750 feet for the southeast corner;
Thence turning right ninety degrees and continuing southwest
350 feet to the place of beginning;,
ARTICLE II
PRIVILEGES, RIGHTS, USES AND INTERESTS
A. USE OF LEASED PREt4ISES. Superior shall use the leased
premises for commercial hangar operations herein
defined and for no other use without the specific written permission of
the City;
(1) Housing aircraft in hangars and related shop and
office use;
(2) Engaging in any activity related to the business of
repairing, leasing, purchasing, or otherwise acquiring, selling, exchanging,
dispensing, financing, insuring, or dealing in or distributing aircraft of
every class and description, including engines, motors, aircraft instruments,
supplies and accessories;
Page 1 of 11
(3) Servicing of aircraft with fuels and lubricant.;
(h) Operation of aerial taxi and sightseeing servjces and
aerial advertising, aerial survey, aerial photography and mapping;
(5) Operation of schools of flying, navigation, aviation
mechanics, aerial survey, aerial photography, aerial designing, a rial
construction;
(6) Aeronautical and allied research;
(7) Operation of the business of nonscheduled trfansportation
of passengers; and
(8) Undertaking of any phase of aviation activilty for pro-
fit related to or contributing in any way to aircraft sales, seivicing and
distribution or aerial navigation.
B. RIGHT TO USE AIR FIELD. Superior shall have th
use the public areas and public airport facilities including th
ways, aprons, ramps and navigational aids and facilities in co
so authorized, subject to and in accordance with the laws of
of America and the State of Texas, and the rules and regulat
by their authority with reference to aviation and air navig
cordance with all reasonable and applicable rules, regulati
and Charter of the City. _
C. RIGHTS ENUMERATED.. Superior shall have t
1. To sell aircraft fuels, lubricants and
leased premises, on any other public apron, and within any
area. City reserves the right to lease or rent the apron
jacent to the control tower annex building, known as the
as shown on the master plan of the Corpus Christi Interna
to an operator or operators as a separate business for the
fuels, lubricants and propellants and/or for the operation
lities on said apron. In the event that the transient ap
right to
runways, taxi-
mon- with others
he United States
ons promulgated
ion, and in ac -
ns, ordinances
e following rights:
propellants on the
private hangar
mmediately ad-
ansient apron,
Tonal Airport,
dispensing of
of tiedown faci-
n is operated as
a separate business, then Superior shall not have the righ to the use of
the tiedowns on said apron or to sell and dispense fuels, ubricants or
propellants on said apron.
2. To store aircraft fuels, lubricants, .nd propellants on
the leased premises.
3. To maintain and operate mobile equi.ment when reasonable
and necessary to fill and dispense aircraft fuels, lubr cants and propellants
on the leased premises and within the area described wove, with right of
access to the commercial ramp and connecting taxiways.
4. To maintain, store and service air raft which shall in-
clude hangar storage of aircraft, major and minor ove hauling and repairing
of aircraft, repairing, inspection and licensing of sure, and purchase and
sale of parts, equipment and aircraft accessories.
Page 2 of 11
5. To purchase and sell, within the eased premises, aero-
nautical charts, publications, caps, sunglasses, compu ers, radios, and
other aviation related items normally sold and dispense by commercial fixed
base hangar operators.
6. To rent, lease and charter aircraft and to engage in the
business of teaching and/or otherwise instructing flying and aircraft mecha-
nics.
7. To place and erect signs and advertising material within
the hangars, offices and shops on the leased premises at Superior's discre-
tion; and to place and erect signs and other advertising material on the outside
of Superior's buildings, shops and offices, pr-vided that the size and shape
of such signs shall conform to the general appearance of the airport premises,
and be subject to the approval of the Airport Manager; and to place and erect
signs and advertising material at other locations on the airport, provided that
written permission is obtained from the Airport Manager prior to the installa-
tion of any sign or advertising material at any location outside of or off
the leased premises, and subject to the order of the Airport Manager to require
the removal of such installations or any of them at any time.
D. ACTIVITIES AND USES EXPRESSLY PROHIBITED. The following
activities and uses are expressly excluded from this lease and Superior is
prohibited from any such use or activity except as noted:
1. Ground Transportation for hire. Superior may provide
ground transportation for its employees and aviation
customers as a service except that said service may not
be offered to the general public on a commercial basis.
2. western Union. Superior may use the wires, lines and
services of Western Union for its own purposes in
connection with the establishment of a communications
system and weather system or for any other purpose so
long as Superior does not engage commercially in the
taking or sending of telegrams, money orders, etc.
3.• Automobile Rental Service.
4. News and sundry sales except for those that may be
items as mentioned hereinabove.
5. Advertising concessions except for those that may be
conducted within Superior's hangars, offices and shops.
6. Barber, valet and personal services.
7. The sale of food and/or drink except from dispensing
machines located within the hangars, offices and/or
shops. However, no cafe or cafeteria type of service
shall be operated.
8. The sale of flight and/or trip insurance.
9. Commercially engaging in the business of making reser-
vations for hotels, motels and other lodging.
Page 3 of 11
ARTICLE III
CONSTRUCTION OF HANGARS AND IMPROVEMENTS
Prior to construction of any hangar or improvement on the
leased premises, Superior will submit plans and specifications to the City
for approval and review with respect to the general appearance safety, type
of construction proposed and life and value.
1. Superior agrees to construct an asphalt ramp apd taxiway
approximately 200 ft. by 150 ft., a 25 ft. wide asphalt roadway extension,
8" water and sanitary sewer line extensions, all at an estimated cost of • ._
$164,000. Construction of the ramp and taxiway will at such g-ade and of
such material so as to be in keeping and in accordance with p1 ns and
specifications which are subject to the approval of the City. Said
construction shall commence within 30 day from the date of this lease and
proceed with due diligence, all at the expense of Superior. Superior shall
be entitled to reimbursement for the actual amount ofisaid corlstruction cost
.by crediting the rental and flowage fees which are otherwise payable under
the terms, of this assignment until the said construction cost (including
interest limited however, to actual interest paid andrfurtherlimited to
interest at ten per cent.per annum and further limited to int rest on
construction costs reduced by monthly credits which would oth rwise be
payable except for the right of reimbursement contained in th s paragraph)
shall have been reimbursed to Superior, provided, how'ever, that said
reimbursement shall not extend beyond 60 months from the date hereof.
After such reimbursement of said construction costs or the expiration of
60 months from the date hereof, whichever first occurs, no ful~ther reimburse-
ment shall be due Superior. The City will maintain the 'amp road& utilities
constructed. by Superior. _
2. Superior will construct at its own expense a iangar
approximately 120 b2' 140ft., a parking area for vehicles, and provide
any necessary sidewalks and fences, all at Superior's own expense.
3. A setback area of 50 feet wide will be maintained on each side of
the area to be leased (on both sides 200 feet in length) where no improvements,
parking lots, or construct- ARTICLE IV ion of any kind will be permitted.
ACCEPTANCE OF PREMISES
Superior acknowledges that the premises have beer inspected
and accepts the leased premises in its present physical condition and will
pay the total cost of developing said property.
ARTICLE V
TERM
This lease shall be for a term of thirty (30) ye rs, provided
Superior has not defaulted in any of the terms, conditions, Ind provisions
hereof. This term shall commence upon completion of construction of the
hangar and all requisite conditions for compliance with Article VIII, Sec-
tion 2 (c) of the City Charter.
Page 4 of 11
ARTICLE VI
RENT
Superior will pay City a base rental fixed as of July, 1960
and supplemented as follows:
1. Three cents (3 C)per square foot per year for
the area covered by hangars, shops, offices and/or other improvements.
2. One Cent (1 $) per square foot per year for
the area within the leased premises between the building setback lines where
buildings could legally be constructed.
3. Thirty-three and one-third (33-1/3 %) percent of the gross
income from parking and/or tiedown facilities located on any ramp that may
be constructed in the ramp area, shown on Exhibit "A".
4. Two (2;:) cents per gallon for each gallon of gasoline and/or
other propellants and fuels purchased by Superior, except as to gasoline
sold to commercial airline aircraft holding valid operating contracts on the
airport. Superior will not be required to pay for loss of such fuels due to
theft or leakage, upon furnishing the City with sufficient proof of such loss.
5. Superior will not be charged for storage tanks within leased
premises, except ground rental, and will submit storage tank plans to the
City for approval prior to installation. Fuel storage sites on property outside
the leased premises will require a separate lease.
6. At the end of each three-year period after the execution of
this lease, either City or Superior may request an adjustment in the ground
rental rates, and the flowage fees as above set out, which adjustment shall
be computed by multiplying such rate and fee by a fraction, the denominator
of which shall be the arithmetical average as of July, 1960 of the indices
(A) of the United States Bureau of Labor Statistics for hourly wage rates
of all workers in manufacturing and (8) of all commodity wholesale prices,
and the numerator of which shall be the arithmetical average of said indices
(A) and (B) for the last available twelve (12) monthly indices immediately
preceding the request for adjustment.
Should either of said indices change substantially as to form
and basis of data or manner of publication, the above adjustment provision may
be amended in writing.
On the base date, July, 1960, the United States Bureau of Labor
Statistics index for hourly wage rates for all manufacturing employees was
52.26 per hour and the commodity wholesale sale price index was 100.8. Such
formula must result in a change of at least 1/4$ per unit or no adjustment
shall be made, and all adjustments shall be made to the nearest 1/4.
City retains the right to adjust the rates for fuel flowage fees
set forth herein, such rates to be published by ordinance duly adopted by
the City Council. City will put this same clause in any renewal, amendment,
or extension of any other existing fixed base operator lease as well as any
other new fixed base operator lease.
Effective as of the date of the execution of this agreement, the
rents based on the foregoing formula are as follows: The Improved Area,
seven and one-fourth (7-1/4) cents per square foot per year: Unimproved
Page 5 of 11
area, two and one-half (2-1/2) cents per square foot per year; Flowage
fee, six (6e) cents per gallon. Ground rentals as set out here and above
shall be computed on a monthly basis and shall become due and payable on the
first day of each calendar month throughout the term of this lease. On the
first day of the next calendar month after the rentals begin under this lease
Superior shall prepare a report in writing on a form approved by City showing
the total number of gallons of gasoline fuels and/or other propellant purchar:
by Superior and the total gross receipts on the above-mentioned apron duriny-
the preceding calendar month and shall submit said report to City along with
the rental to be paid thereunder prior to the tenth day of said calendar mont
Superior shall submit a like report and payment therefor for each succeeding
month during the term of this lease. Superior will keep full and accurate
records of all transactions, purchases, sales, and income, both from cash
sales and credit sales, that in any way concern rental to City; and will
hold all books and records covering such sales open to inspection by City
at all reasonable times.
o 7. City appoints its airport manager as its agent to receive all
rentals and reports under this lease and Superior will submit said reports
and payments to the Airport Manager. City may designate others -as -agents to
inspect Superior's books and records, such inspections to be performed at
reasonable times during working hours.
8. In
the obligations of
Superior placed on
receipts and other
ed
h.
addition to all other remedies which City may have to enforce
Superior, City shall have a lien on all property of
said premises for all moneys, rents, shares ofgross
obligations of Superior.
9. By the terns "Transient Apron" is meant that apron east of
the control tower building approximately two hundred eighty (280) feet in
width extending from taxiway "N" southward to a line which is the eastern
extension of the south line of the commercial apron running south of the
terminal building and control tower building, said transient apron having
a length north and south of approximately seven hundred fifty (750) feet.
The term "public apron" shall include, in addition to the
transient apron above described, the following area:
All of that area shown on Exhibit A as "commercial apron"
and being an area approximately 300 feet in width extending
north and south and extending east and west a distance
of approximately 1,050 feet, all of which area lies as
shown on Exhibit A south of the airport terminal building
and airport control tower building.
10. City reserves the right to change the base date of July, 1960
referred to above in the event that the City makes the same change in any
other existing or new fixed base operator lease.
Page 6 of 11
ARTICLE VII
UNDERTAKINGS OF CITY
City covenants as follows:•
A. To operate Corpus Christi International Airport as a public
airport during the term of this lease subject to and consistent with and
pursuant to the assurances given by the City to the United States Government
under the Federal Airport Act,and to Superior by this lease.
B. To make water and wastewater service available upon the
same basis as applies to residents within the City of Corpus Christi.
Superior shall pay all charges for water, wastewater, electricity and
other public utilities supplied to Superior and/or Superior's premises
during the term of this lease as such charges become due and payable.
ARTICLE VIII
UNDERTAKINGS OF SUPERIOR
Superior_further convenants as follows:
A. At its own expense, to improve the leased premises by the
construction of hangars, offices, shops and/or other improvements, as herein-
above mentioned, and to maintain said improvements and leased premises in
a presentable condition consistent with good business practice and equal
in appearance and character to other similar improvements on the airport.
B. To remove from the leased premises all waste, garbage,
rubbish, junk, worn-out parts and other refuse, and not to deposit the
same or allow the same to accumulate, except temporarily in connection with
collection for removal, on any part of the leased premises or other property
located within the airport site; provided, however, that City may provide
garbage service for a reasonable fee consistent with charges made to commer-
cial establishments of a similar nature.
To make adequate provision for and to dispose of waste oils and
lubricants off the airport property and never -put or allow to be put any such
waste oils and lubricants into the airport wastewater system.
C. To supply good, prompt and efficient service adequate to
meet all the demands for such service at the airport on a fair, equal
and nondiscriminatory basis to all users thereof, and to charge a fair,
reasonable and nondiscriminatory price for each unit of sale or service;
provided that Superior or its tenants and sublessees will be allowed to
make reasonable and nondiscriminatory discounts, rebates or other similar
type of price reductions to volume
intended to nor shall be construed
to regulate Superior's charges for
craft storage and aircraft charter
related to such service.
purchasers. Nothing herein contained is
as vesting in City the power or authority
student training, aircraft rental, air -
service and services specifically
ARTICLE IX
GENERAL PROVISIONS
A. INDEMNIFICATION. Superior is and shall be deemed to bean
independent contractor and nneratnr rpcnoncihln +., .n r; r :._
respective acts or omissions and those of its agents, servants, employees,
invitees, tenants and sublessees, and City shall in no way be responsible
therefor. In the use of the airport and in the maintenance, erection or
construction of any improvements thereon, and the exercise and enjoyment •
of the rights herein granted, Superior will indemnify and save harmless
City from any and all losses or claims for damages that may proximately
result to City from any negligence on the part of Superior, Superior's
agents, servants, employees, construction contractors and invitees, and for
those of its tenants and sublessees. Superior will carry public liability
insurance in the minimum sum of 5500,000 single limit. All insurance
shall be carried in a responsible company and sahll name City as an assured.
Such policy shall, in addition, be endorsed to provide for cross -liability
between the assureds. Such policy shall be in a form satisfactory to
City. All such policies shall provide for a minimum of ten (10) days
notice to City in the event of cancellation or material change in the terms
thereof.
B. NOTICES. Notices to City shall be deemed sufficient if
in writing and manes, postage prepaid, addressed to the Airport Manager,
Route 2, Box 902, Corpus Christi, Texas 78410, or to such other address as
may have been designated in writing by City from time to time. Notice to
Superior shall be deemed sufficient if in writing and mailed, postage prepaid,
addressed to Superior at 900 N.E. Loop 410, Suite 600, San Antonio, Texas 78209.
C. TAXES. Superior will pay any and all-ieal and personal •
property taxes levied from time to time upon the improvements placed upon
the leased premises.
D. All of the terms, covenants, and agreements herein contained
shall be binding upon and shall inure to the benefit of the heirs, successors
and assigns of Superior and City.
• E. DESTRUCTION. In the event that Superiors improvements
or the airport is damaged or destroyed by acts of God or through enemy
attack or for any other reason outside the control of Superior and City to
such an extent that the airport cannot he operated as an airport, then
this agreement shall terminate.
In the event that the leased premises or Superior's improve-
ments or the airport facilities reasonable and necessary for Superior to
conduct Superior's business are partially destroyed or damaged due to
acts of God or other acts outside the control of Superior and/or City
to such extent that the leased premises may not economically be used for
the uses and purposes for which leased, then this agreement and lease shall
he suspended during the period of such partial damage or destruction and
shall not begin or resume until the damage has been repaired. In the case of such tot:
or partial destruction, if any applicable insurance proceeds arc adequate
to reconstruct the damaged improvements or facilities, then such improvements or
facilities shall be rebuilt within a reasonable period of time by the applicable'
insured. At its own expense, Superior shall cause comprehensive general insurance
to be carried and maintained with respect to the hangars and improvements on the lease(
premises with coverage consistent with industry practice. Evidence of such
insurance shall be presented to the City at the time of execution of this lease and
such policies shall provide for a minimum of ten (10) days advance notice to
the City in the event of cancellation or material changes in the terms thereof.
All insurance proceeds from Superior's policies for such casualty losses to
hangars and improvements on the leased premises shall he payable solely to
Superior;•provided, however, that if insurance proceeds are not adequate and
Superior elects not to substantially replace and/or rebuild such damaged hangars
and improvements within a reasonable time, then Superior shall remit to the City
an amount from the proceeds of such policies equal to three percent (3%) of
the total insurance proceeds payable to Superior, multiplied by the number of
years (to the nearest month) from the date of execution of this Lease agreement,
not to exceed one hundred percent (100%). If the applicable party fails to
substantially repair or rebuild such improvements or facilities within a reasonable
period of Lime, then this lease may be terminated at the option of either party
by written notice to the other party.
F. SUBORDINATION. This lease shall be subordinate to the pro-
visions of any existing or future agreement between City and the United States relativ
to the operation or maintenance of the Airport, the execution of which has'
been or may be required as a condition to the expenditure of federal funds for ` 1
the development of the airport. Should the effect of such agreement with the
United States be to take any of the premises under this lease out from the
control of City or to substantially destroy the commercial value of the leased
premises, then City must provide adequate premises to Superior or this agreement
shall terminate.
G. TERMINATION.
1. This lease shall terminate at the end of the term set
forth in Article V hereinabove, and Superior shall have no further right
or interest in any of the leased premises or rights, uses or other interests
•.. ..,1 4 .,,,, ao„anr and Suuerior will vacate and remove all
equipment placed thereon by Superior prior to the execution of this lease,
unless Superior and the City renegotiate said 'lease and enter into a mutually
satisfactory lease extending the term hereof. Superior shall have one
hundred twenty (120) days within which to remove Superior's equipment
and personal property, and in the event Superior fails to do so, the same
shall work as an abandonment and title shall pass to City, or City may
remove said equipment and personal property and Superior will reimburse
City for its expense.
2. At the termination of this lease all improvements placed
on the lease by Superior including existing hangars shall revert to City
in accordance with the City Charter, Article VIII, Section 2, as amended.
H. CANCELLATION. Default in payment of any of the rentals shall
give City the right to terminate this lease at any time after thirty (30)
days notice in writing has been given to Superior, unless within said time
Superior has fully complied with the rental provisions.
Default in any of the other covenants on the part of Superior
shall likewise give City.the right to terminate this lease at any time
• after thirty (30) days notice in writing has been given Superior, unless
within said time Superior has fully corrected the condition creating the
default. City will specify in such default notice the lease provision
under which City claims that Superior is in default, and the acts or
omissions giving rise to the claimed default.
ARTICLE X
TRANSFER OF LEASE
The written authority of the City shall be obtained by
Superior prior to any sale, reassignment, transfer or subassignment of this
lease. Should Superior borrow money or otherwise finance the improvements
to be constructed hereunder, and should it become necessary for
any lender, financing agency or guarartor to foreclose and take over
this lease because of Superior's failure to pay, said lender, financing
agency or guarantor niay operate the lease subject to all of its provisions,
provided all obligations of Superior are met and all payments owing be paid.
ARTICLE XI
AIR OPERATIONS AREA SECURITY
Superior shall provide for the security of the air operations
area to prevent ground entry or movement of unauthorized persons in
accordance with Section 9-32 of the City Code of Corpus Christi, Texas,
Page 10 of 11
and any regulations imposed upon City by the Federal Aviation Administration.
Superior shall indemnify and hold harmless City, its officers and employees,
from any charges, fines, or penalties that may be levied by any agency of
the United States or the State of Texas by reason of Superior's failure
to comply with this requirement.
Physical barriers to prevent access to the air operations
area must be in effect during construction upon the leased premises. This
covenant is in addition to any of the above indemnification provisions.
ARTICLE XII
CIVIL RIGHTS
In exercising any of the leased rights or privileges, Superior
shall not on the grounds of race, sex, creed or national origin discriminate
or permist discrimination against any person or group of persons in any manner
prohibited by Part 21 of the Regulations of the Secretary of Transporation.
City hereby expressly retains the right to take such action as the United
States may direct to enforce this nondiscrimination covenant.
EXECUTED on this
ATTEST:
By
day of , 1981.
ATTEST: CORPUS CHRISTI BANK $ TRUST COMPANY
ATTEST:
By
CITY OP CORPUS CHRISTI
By
City Secretary Acting City Manager
APPROVED: 9 I1e.cp, 9,, , lP j
J. Bruce Aycock,, CITY
Page 11 of 11
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That the foregoing ordinance was read for thy first time and passed to its
second reading on this the 9 day ofs 19 $/ , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for eA�s-ecoo d time a d passed to its
third reading on this the 4day of'p, 19, by the
following vote:
ti
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance wa read for the thi d time and passed finally
on this the meq? day of ,M��,,alp , 19 , f by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the day of
ATTEST:
Cit Secretary
APPR : / 4J:
/� DAY 0 ¢� 19 A
J. BRUCE%�AYCOCK, CITY ATjTOf NEY
By %
,' ' i^^ -r P/
, 19 p/
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
16771
PUBLISHER'S AFFIDAVIT v.343963 CITY OF C.C:
7%/
STATE 4 TEXAS, ss:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
BILIIE , who being first duly sworn, according to law, says that he is the
ACCOUNT/NG—CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDIANCE NO. 16771.......
of which the annexed is a true copy, was published in
on tha :8th day of DECEMBER 19..81.., and once each day thereafter for one
CORPUS Cu E�..QAT�LEA.-TIMES
consecutive
day
one • Times.
$- 862.64
Subscribed and sworn to before me this
9
BILLIE .1. NENDERSDN
5th
day of slgTll7c7;i t 19 82.
LOIS WINK
Noter"Pilic, Nueces County, Texas
PASSAGE DF.
-ORDINANCE Ne,= i
AUTHORIZINb THE CITY-
MANAGER
ITYMANAGER TO EXECUTE
A LEASE AGREEMENH:;
WITH SUPERIOR HELI-
COPTERS, INC, COV-
ERING A COMMERCIAt,
HANGAR LEASE PLOT AIF
THE CORPUS CHRISTI IN.
TERNATIONAL AIRPORT,
WITH UTILITY LINES, 0
ROAD EXTENSION, RAMP
AND TAXIWAY EX-
PANSION TO BE COM,
STRUCTED BY SUPERIOR
HELICOPTERS, INC., ANE
PAID FOR BY THE ClI''y
OVER A PERIOD NOT TE
EXCEED SIXTY 160-1
MONTHS THROUGH RENT
REDUCTION AND FUE€
FLOWAGE FEE REDUC-
TION, ALL AS SHOWN ANO
MORE FULLY DE-
SCRIBED 170 THE LEASE
AGREEMENT, A SUB-
STANTIAL COPY OE
WHICH IS ATTACHED'
HERETO AND MADE An
PART HEREOF, MARKED -
EXHIBIT'
BE IT ORDAINED B '
HE CITY COUNCIL OiFi
THE CITY OF CORP14.
CHRISTI, TEXAS
SECTION 1. That the -City
Manager is hereby author-
ized to execute a lease agreq-
ment with Super,or Helico •
ters, Inc , all as more full,)(
described in the lease on),
menti a substantial hl coy ion
which a attached here hereto a
made t part hereof, mark
exhibit "1" Said agreement
overs a commercial fierie-
r, a fixed base aviaiioj,
ease plot, and the re-
payment through reduced
rental and fuel flowage fees
f construction expenses 5,-
urred by Superior Helicop-
ters, Inc, for extension of 6
sanitary sewer line, a water
line, an asphalt road, an oar
phalt ramp and a portien of A
taxiway. The agreemer)f
shall be subject to the follow..
Ing condition..
A Superior Helicopters,'
Inc , shall pay a rental rate
f seven and one(ourt8
(Mc) cent? per square 1004
per year for Inc improved,
area, two and one-half (5 -
,ac) cents psr square font
per year for the unimproved
area, and a flowage fee of
six (6c) cents per gallon of
fuels purchased, except that -
sold to commercial airline
aircraft holding valid epee.
acing contracts On the air-
port, and except that lost dun
to theft or leakage upon fur-
nishing proof of such lose
The Cdy retains the right to
adjust the rates for fuel 'Ito,
wage fees with such rates ps`
be published by ordinance
duly adopted by City Coun-
cil. '
B. Superior shall immet)i-
ately begin making in-"
proved area rental payments.
on sixteen thousand eight.
hundred (16,800) square feet -1
or a hangar which is ex-
pected to be built by Superior.
by April 1, 198E-
- HANGAR LEASE
This lease is entered inter
on the day and year below•
stated between the City of
Corpus Christi, a home rule -i
city, situated In Nueces-
County, Texas, hereinaf tell
called City, and Superior,!
Helicopter, Inc, Texas cor-
poration, hereinafter rer
rred to as Superior, upon
ese terms, performable tet'
lxa0-ua,—
• •
•♦
A.`14RT1CtE'f' '
DESCRIPTION OF
LEASED SPACE
City leases unto Superior
p;n area designated for carve.,
-
merUal hangar lasted gage
.rally on the west side of Ihp
terminal buddin Showa
on the -31fa> d drawing
marked Exhibit 'ee which
is made a part hereof as -fj
copied verbatim herein an
specifically described as told
lows. 5.1,0 !11
She ext at the f the no lor6
of the extension of the nortMa
ern boundary of taxiwa
"P" (perpendicular to run-
way 13.31) if extended in a -
northeast direction, with this -
extension of the northern.
boundary of taxiway PH.
(parallel to runway 13-31) 14 -
extended in a northwest d
rection to a point for a place
of begmmryg;-
Thence turning left nine
degrees and Continuin
northwest parallel 10 the,
northeast boundary of tax.,
iway "P:' for a distance oh
750 feet for the southwest
corner; ---
Thence turning right nine,
ty degrees continuing north,
east for 350 feet for the north-
west corner;
Thence turning ninety des
grees continuing southeast,
along a line parallel to the
northeastern line of taxiway,
"P" fora distance of 750 le*,
for the southeast corner,
Thence turning right niner
ty degrees and
southwest 35Q feetet 10 to 15 ih
place of beginning)
ARTICLE I
PRIVILEGES, RIG •
USES AND INTERESTS'
A USE OF LEASEE
PREMISES Superior shall,
use the leased premises foto
commercial hangar oper-
ations herein defined and fon
no other use without the spar
cific written permission 01 -
the City'
(1) Housing aircraft ill.
hangars and related shog
and office use,
(2) Engaging in any activi-
ty related f0 the business ofi
repairing, leasing, punt
chasing, or otherwise acquir
mg, selling, exchanging, dis-
t or dealliing in or distribuhog•
aircraft of every class and -
description, including em
pines,
motors,
andents,supplies a'-
cessorie&-
(3) Servicing of aircraft
with fuels and lubricants
(41 Operation of aerial tax.,
and sightseeing services and,
aerial advertising, aerial,
survey, aerial, photographic
and mapping,' I
151 Operation of schools 0t -
flying, navigation, aviatino
mechanics, aerial survey, 1
aerial photography, aeria'
des yng, aerial construc11
on,
(e d'd
Aeronautical and allf
re (7) p,
(7) Operation ofthe buss:
ness of nonscheduled trans-
portation of passengers, and,
- (8) Undertaking of any-,
phase of aviation activity for.
profit related to or contra
ting in any way to aircraft,
sales, servicing and distribua
tion or aerial navigation.
B RIGHT TO USE AIR,
FIELD. Superior shall have
the right to use the public -
areas and public airport t8
cillfies Including the run^
Sways, taxiways, aprons,
ramps and navigational aitl
and ,tacU,ties ia. =Mg
1w th others 5ie authorized,
`sub act t0 ed0 in OCCO'CSOCO.
[wIt(y)lle4ew?uQ, Ac+i
State 01 9 gM'eCs d=
State of lnxas -a- rules
and regulations promulgate[,.
by their authority with refer"
ence to aviation and air nave
gation, and in accordance{
with all reasonable and a{M,
plicable rules, regulationsry
ordinances and Charter of"
the City.
C RIGHTS ENUMER4
ATED Superior shall hauo
the followingrights:
1 To selaircraft fuer
lubricants and propellants -
on the leased premises, o,bf
any other public apron, andi
within any private hangar
area. City reserves the right)
to lease or rent the apron tees)
mediately adjacent to the
control tower annex Wile((
ing, known as the transient
apron, as shown on the mas4
ter plan of the Corpus Chris*,
International Airport, to an
operator or operators as e:
separate business tar the dis�
pensing of fuels, lubricant;
and propellants and/or foci
the operation of tiedown fa;
edifies on said apron In the
event that the transient ap-
ron is operated as a separate
business, then Superior sheµ
not have the right to the use.
of the tiedowns on said apra
or to sell and dispense fuely
lubricants or propellants on
said apron_
2 To store aircraft fuels,
lubricants, and propellant)
on the leased premises,.
3 To maintain and operates
mobile equipment when res.
soneble and necessary to till,
and dispense aircraft fuels„
lubricants and propellant,
on the leased premises and.
within the area describeih
above, with right of access tem
the commercial ramp and
connecting taxiways.
4. To maintam,„store and
service aircraft which shall -
include hangar storage oto
aircraft, malor and min _
verhauling and repairing ot•
aircraft, repairing, in-
spection and licensing of,
same, and purchase and sate
of parts, equipment and ails
craft accessories -
5 To purchase and sella
within the leased premises,
eronautl-cal charts, publics.
ions, caps, sunglasses, co
uters, radios, and other:
viafion related he -
malty sold and ditpensed by
commercial fixed base hang-
ar operators. -�
6, To rent, lease and char-
ter aircraft and to engage in
the business of teaching
and/or otherwise instructing
flying and aircraft mechan-
ics
7. To place and erect signs
and advertising material
within the hangars, offices
and shops on the leaSed,
premises at Superior's dis-
cretion; and to place and
erect signs and other adver-
tising material on the outside
pj SuIeriar's buildings,
;Shops and offices, provided
that the size and Shape of
uch signs shall conform to
)he general appearance of
the airport premises, and be
eubiect to the approval of the
Airport Manager; and to
place and erect signs and ad-
bertising material at other
ations on the airport,
pro-
ded that written per•
mission i5 obtained from the
Apirport Manager prior to the
(nsfallation of any sign or ad-
ertisIng material at any lo•
cation outside of or off the
,leased premises and subject
'p the order of, the ABehr
anager to re to 'F 'r 1 re-
vel of such 1„ a,"t. ,s of
f1ha110 N
:-D fv7r-r-r""Kt:� g
USES EXPRESSLY ARC 11
yt - iBIT ED. The to' :wirj: ac a
itiv,ties and uses are ex•
pressly excluded from this
lease and Superior is prohib-
• ifed from any such use or ac-
,fivity except as noted:
`�.1..Ground Transportation
`Mr hire. Superior may pro-
vide ground transportation
for its employees and &ela-
tion customers as a service
except that said service may
not be offered to the general
public on commercial basis.
2. Western Union Superior
ay use the wires, lines and
rvices of Western Union
r its own purposes In con-
nection with the estab-
lishment of a cammu•
nications system and
weather system or for any
other purpose so long as Su-
perior does not engage comm
mercially in the taking or
,sending of telegrams, money
46rders, etc
{ 3. Automobile Rental Ser-
vice
4. News and sundry sells
except for those that may b
Items as, mentioned here-
nbove ,
5. Advertising concessions may
b
except tar those that may be
conducted within Superior's
hangars, oft ices and shops
Barber, valet and per -
IotaI services.
7, The sale of food and/or
drink except from dis-
swithinetthe ha gears,)ocated offices
and'or shops. However, no
cafe or cafeteria type of -ser-
vice shall be operated
8 The sale of flight andior
rip insurance.
9. Commercially engaging
in the business of making
reservations for hotels, mo-
tels and other lodging.
ARTICLE III
CONSTRUCTION OF
HANGARS AND
IMPROVEMENTS
Prior to construction of
any hangar or improve-
ments on the leased prem-
ises, Superior will submit
plans and specifications to
the City for approval and re-
view with respect to the gen-
eral appearance, safety,
type of Construction pro-
posed and life and value
1. Superior agrees to con-
ruct an asphalt ramp and
taxiway approximately 200
,ft. by 150 ft., a 25 ft wide as.
phalt roadway extension, 8"
Water and sanitary sewer
Cline extensions, all at an esti•
mated cost of 8164,000. Con-
struction of the ramp pand
taxiway will at such grade
nil of such material so as to
e in keeping and in accord,
ante with plans and speciff-
cations which are subject to
the approval of the City. Said
construction shall corn/
mance within 30 days from
the date of this lease and pro-
ceed with dug diligence, all
at the expense of Superior.
Superior shall be entitled 10
mbursement for the actu•
i. l amount of said construc-
tion cost by crediting the
rental and flowage fees
which are otherwise payable
under the terms of this as.
signment until the said con-
struction costs (including In-
terest limited however, to
actual interest paid and Pur-
er limited to interest at ten
ercent per annum and fur-
ther limited to interest on
;construction costs reduced
rby monthly credits which
•would otherwise be payable
'except for the right of re-
amburserrent contained mi
e.,5 paragraph) shall havalyy.e
icer re mturse0 to Supe �,4
''-
any rope ty. taxesand per• ie' N', �
rami imp 40 4 taxes InKtheed, 17i• 0s shah
bo }�
mprtime
iementstl placed upon Ilhate to the sprevisioons of nY
the leased premises. existing or future agreement
between City and the United
States relative to the oper-
Airp or r the t executionf of
Airport, be re -
which has been or may
quired as a o itoli=ltfunds
D. Ali of the terms, cov-
enants, and agreements
herein contained shall be
binding upon and shall Inure
to the benefit of the heirs,
successors and assigns of 5U-
perior and City..
E. DESTRUCTION. In the
event that Superiors Im-
provements or the airport Is
damaged or destroyed by,
acts of God or through ane
er
reason outs outor side any
6f
Superior and City to suction.
nota be that the ope�afe'B as oan air-
port, then `this agreement
shall termist - "--- '
In the event that the leased
premises or Superior's im-
provements or the airport fa -
citifies reasonable and ned
essary for -Superior- to
conduct Superior's business
are duelto acts ofd or
God
or other acts outside the con-
trol of Superior andtor City
to such extent that the leased
premises may not economic-
ally be used for the uses and
purpose. for which leased,
thelease shall be suspended dur-
ing
reement
the period of such partial
damage or destruction and
shall not begin or resume un-
til
e has been re.
pai ed den the case of such
anyor partial destruction, insrace
pro applicable
proceeds are adequate tore -
construct the damaged (m-
toen such
or facilities,
then such improvements or
e rebuilt
facilities
reasonable period of
time ed At its owthe n applicable
se,insun
Supe-
rior shall cause comprehen-
sive general'insurance to be
carried and maintained with
respect to the hangars and
ents on the leased
premises with coverage con-
sistent with industry prac-
tice. Evidence of such ance shall) be presented insur-
ance
the execu-
tion thishleasetime
and such
policies shall provide for a
minimum of ten (10) days
advance notice to the City in
the event of cancellation or
material changes in the
terms thereof. All insurance
policciiessforrosuch ucasualty -
losses to hangars and im-
provements on the. leased
premises shall be payable to
solely to Superior; provided,
however,
that
not adequate
and Superior elect not to sub-
stantially
ub
stantially replace and/or re-
build such damaged hangars
resso apblevtime ts thenthin a
5upe-
rior an
amountlfrom the prl remit to oceeds of
such policies equal to three
percent (3%) of the total in
payable 10
Superior, multiplied by the
number. of years (to the
nearest month) from the
Age. of e0ecuhon of olhl%
Lease agreement 001 ,cent
(100%7�e Ito then •pill 0O
party fail rebuiilldasuch� rn-
pa.r or fatigues
pr(010 0 is or
ithIn a reasonable prNnd of
Ino* then t, hl ii df
ty..by-writtet. ro-
ther-•
ce to ha
expenditure
for the development of the
airport. Should the effect of
such agreement with the
United States es to take any
lease Outrf romathecontrol of
de -
City othe commercial substantially
of the
then
C the leased premises,
City mese provideadequate
premises to Superior o
this
agreement shall terminate.
G. TERMINATION.
1. This lease shall termi-
nate at the end of the term
set forth in Article V and Superior shall
000e e, g
have
st in any 01 right
leased
premises or rights, uses or
Other interests contained 1
this agreement, and Superi-
or will Vacate and remove all
equipment placed
the b
Supeoior P unless Su -
pen of this lease,
Su-
perior and the Qty re-
negotiate said laaye and
enter inlease extel0Yn9athe
factory
term hereof. Superior seU
.1have one 120) days hwithin whchh ro
remove SUPaonal property,
meat and pe
and in the event Superior
fails work Baso an tabandhe onmenit
and title shall pass to City, or
City may remove said egOiP-
ment and personal property
and Superior Will
imburse
Cif4 for its exile
this lease alJtlmmprovements
rior igcd iudlnO n the fez exiease sting fang
ars 5010 revert to Cityin ac-
cordance with the City
Charter, Article VIII, Sec-
tion 2, As amended,
H. CANCELLATION.
Default in payment of any of
the rentals shall give City the
right to terminate this lease
at any time after thirty (30)
days notice In writing has
been given to Superior, un-
less within said time Superb
or has fully complied with
the rental provisions
Default in any of the other
covenants on the part of 5u-
periive
Clty the r freight ll itoa term kwise nate
this lease at any time after
thirty (30) days notice in
writing has been given Supe-
rior, unless within said rime
Superior has fully corrected
the condition creating the
default- City will specify in
such default notice the lease
provision under which City
claims that Superior Is i0
default,
rise a acts otthe
sons9)v
claimed default.
ARTICLE X
TRANSFERLEF
SE
The written authority of
the City shall be obtained by
Superior prior to any sale,
reassignment, transfer or
ubassignment of this lease.
5
repr�vements 10 be qon
tructed hereunder, and
hould it become 4ecessary
for any lender, financing
agency or guarantor to fore-
close and take over this lease
because of Superior's failure
to pay, said lender, financing
agency or guarantor may op-
erate ate the lease Subject to all
of its provisions, provided all
obligations of Superior are
met and all payments owing
be paid
ARTICLE XI
AIR OPERATIONS
AREA SECURITY
Superior shall provide for
the security of the air oper-
ations area to prevent
ground entry or movement
of unauthorized persona in
accordance with Section 9-32
of the City Code of Corpus
Christi, Texas, and any regu-
lations Imposed upon City by
Inc Federal Aviation Admin -
Oration. Superior shall In-
o.e..ir., end hold harmless
G,Cily, its officers and employ-
ees, from any charges, fines,
or penalties That may be ley.
}ed by any agellcy of Inc
United States or the State of
frexas by reason of Superi-
or's failure to comply with
his requirement.
Physical barriers 40 pre-
�ent access to the ale oper-
at(ons area must be in effect
tluring construction upon the
leased premises. This cov-
enant is in addition to any of
the above indemnif icatlon
provisions.
ARTICLE XII
CIVIL RIGHTS
In exercising any of the
leased rights or privileges,
Superior shall not on the
grounds of race, sext`cPeed,
or national origin discrimi-
nate or permist discrimina-
tion against any person or
group of persons in any man-
ner prohibited by Part 21 of
the Regulations of the Secre-
tary of Transportation, City
(hereby expressly retairiS,the
right to take such action as
the United States may direct
to enforce this "hgn-
discrimination covenant
EXECUTED on this --
day of --, 1981,
ATTEST:
ATTEST: ('By,"
CORPUS CHRISTI
BANK &TRUST
COMPANY
13y --
ATTEST: 1
City Secretary
CITY OF
CORPUS CHRISTI
• By --
Acting City Manager
APPROVED- 9 December,
1991
J. Bruce Aycock,
CITY ATTORNEY '
By -s -J. Bruce Aycock)~ -
WAS PASSED AND AP-
PROVED BY THE CITY
'COUNCIL ON THE 23rd day
Of December, 1981, previous-
ly approved on Ise and 2nd
readings on November -25,
1991 and December %ri}fal,
respectively.
Witness my hand ihlO idth
day of December, 1981. •
- •s -Bill G.Read
.mss...•. Secretary
pould_S aio�- otr- - a Iti�S r tory
o re
1.4.4. d'„ _
a.Y, ..w _,,, - ., ..^
_ T •e omi •r a c
���'''SSSTd-•r0/1750rienitirk shall bathe ariSOfnebcal av
i 1 extend be.ydnd 60 month-lerage as of July, 1960 of Ih
5 ram the date hereof:Atte 6ilndices (A7 of the United
ch-re,mbursement or said' ((States Bureau of Labor Sta-)
construction costs or the ex-' ftistics for hourly wage rates
of all workers in manufaci
luring and (B) of all cam1
modify wholesale prices, and
the numerator of which shalt
be the arithemetical averag
of said indices (A) and (B)l)
for the last available twelve
(12) monthly indices immeJ
Idiately preceding the re
`quest for ad ustment.
T Should either of said in
ice change substantially
,as toform and basis of data
pr manner of publication, the
above adjustment provision
inay be amended in writing.
On the base date, July,
0, the United States Bu-
reau of Labor Statistics n- 1
dex for hourly wage rates for
all manufacturing employ,
ees was 52 26 per hour and
the commodity wholesale
sale price index was 100 8.
Such formula must result in
a change of at least c per
unit or no adjustment shall
be made, and all adjustment
shall be made to the nearest
Vac. • -
City retains the right to act
lust the rates for fuel flu
wage fees set forth herein,
such rates to be published b
ordinance dury adopted by
the City Council. City will pit
rui
this same clause in any re
newel; amendntent, or ex
tension of any othegr existi
fixed basedoperattr leasee
well as any other new faxed
base operator lease
Effective as of the date 0
'Int,
of this agree
ment, the rents based on th
foregoing formula are as fol
lows The Improved Area
seven and one-fourth (7'/4c)
cents per square foot pet
year: Unimproved area, two
and one-half (2-1/2c) cents
per square foot per year
Flowage fee, six (6c) cent
per gallon Ground rentals as
at
out here and above shall,
beecomputed on a monthly'
basis and shall be come due
and payable on the first day
of each calendar month
throughout the term of this
O th f' f d of }he
neetion date ohereof,pwlhs from
hiche0er
fust occurs, no further re-
borsement shall be due
,uperior. The City will marry.
fain the ramp road, & 01111.
,ties constructed by Superior.
2. Superior will construct
1 its own -expense b hangar
approximately 120 by 1401t,
parking area for vehicles,
nd provide any necessary
idewalks and fences, all at
uperior's own expense. 1
3. A setback area of -50 feet
ide will- kid malntamed on
each side of the area to be
eased (on both sides
n length) where no )king (005,forrcon-
ments, pa
Siructton of any kind will be
permitted.
— ARTICLE IV
ACCEPTANCE REM SES OF
Superior acknowledges
that the premises have been
nspected and accepts the
)eased premises m (5 pre•
bent physical condition and
WIII pay the total cost of de-
tieloping said property.
ARTICLE V
TERM
This lease shall De for a
term of thirty (30) years,
(provided Superior has not
�tetms conditlted ions and provi
inions hereof. This term shall
commence upon completion
bf construction pf the hangar
Land all requisite conditions
for compliance with Article
)Vlll, Section 2(c) of the City
Charter.
ARTICLERENT VI
Superibr will pay City a
base rental fixed as of July,
1960 and supplement as fol-
lows:
1 Three tents (3c) per
square foot per year for the
area covered by hangars,
shops, offices and/or other
improvements.
2. One cent (lc) per square
foot per year for the area
tback
within the leased premises
linesewhere but ledscould
legally be constructed.
J. Thirty-three antl one-
third (33-' a%) percent of the
gross income from parking
and/or ttedown facilities lo-
cated on any ramp That may
be constructed in the ramp
area, shown an Exhibit "A"e
4. Two (2c) cents per gal-
tlon of aso
Ion for each gra
line andibr other propel ants
and fuels purchased by Supe-
rior, except 05 to gasoline
sold' to commercial airline
aircraft holding valid oper-
ir-
port9 Superior iwillllnnot the
eare-
qulred to pay for loss of such
fuels due -to theft or leakage,
upon furnishing the City with
sus. Superior ficient f will dot nbe
charged for storage tanks
within leased premises, ex-
cept ground rental, and will
submit storage tank plans 10
the City for approval prior 10
installation. Fuel storage
Sites on property outside Inc
leased premises will require
P
Separate lease
6- At the end of each thre
year period after the execu-
tion of this lease, either City
or Superior may request an
rental ales;-andthe nt in the grown•
eat a5 above sat out, w
ustment shall. be Som-
tad -ay multiplying such
ry tenAlt.a.1
lease. n e its ay
next calendar month atter,
the rentals begin under this
lease, Superior shall prepare
a report to writing on a form'
approved by Cly showing
the tote I number of gallons of
gasoline fuels and/or other
propellant purchased by 50-
perior and the total gross re-
ceipts on the above -men
tinned apron during the
lireceding calendar month
and shall submit sald report
to City along•with the rental
to be paid thereunder prior
to the tenth day of said eaten;
dar month. Superior shall
submit a like report and pay'
mens therefor for each suc-
ceeding month during the,
term of this lease. Superiors
{ will keep full and accurate'
! records of ,all traosactions�
-
purchases, sales, d n
come, both from cash sale
and credit sales, that in any
way concern rental to City,
and will holdall books an
records covering such sale
open to inspection by City a,
all reasonable times.
7. City appoints its airpar
manager as its agent to re
ceive all rentals and reports
under this lease and Superior.
will submit said reports and
Managers to
l may ideslg-
nate others as agents to in-
spect Superior's books'and
records, such Imogene
to
'be performed 61 reason le
!Y a di....:., L1Ks.
'7t[add Itp)rrfd"ef}•vt
emedies` rihtcfr City m
hall, iFed,;'�Wwlb�'f',vTF9&rCi ,I
yof. Y Pray,de-•garbapa set-
said vicetor a reasonable fee con -1 9_
sistent with charges made to
ys'f }commercial establishments
her
iy
ave' 10' enforceyhe obit
tions of Syperior, City s
have a lien on all proper}
Superior placed on
premises far all move
runts, shares of gross re-
ceipts and outer obligations
of Superior.
9. By rm "Transient
is 050
Apron" is meant that apron
east of the control tower
building approximately two
hundred eighty (280) feet In
width extending from tax-
iway "N" southward lo a line
`Mich Is the eastern eaten-
-skin of -the south line of the
commercial apron -running
south at•the tesmtnal build-
rna and control tower build -
Ing, 50(6 transient apron;
having a length north and
south of approximately sev- "
en hundred fifty (750) feet.
The term of "public app"
ron" shall include, n adds-
'Mon to the transient apron
above described, the follow -
'Mg
area:
All of that area Shown on
Exhibit A as "commercial
apron" and being an area ap-
proximately 306 feet in width
extending north and south
and extedning east and west
a distance of approximately
1,050 feet, all of which area
lies as shown on Exhibit A
south of the airport terminal
building and airport control
tower building.
10. City reserves the right
to change the base date of
July, 196a referred to above
In the event that the City
makes the same change In
any other existing or new
fixed base operator lease.
ARTICLE VII
UNDOFERTCITYAKINGS
City covenants as follows
A To operate Corpus
Christi International Airport
as a public airport during the
term of this lease sub)ertto
and consistent with and pur-
suant to the assurances giv-
en by the City to the United
States Government under
the Federal Airport Act, and
to Superior by this lease
B. To make water and
wastewater service avail-
able upon the same basis a5
applies to residents within
the City of Corpus Christi.
Superior shall pay all
harges ,for water, waste-
water, electricity and other
public utilities supplied to
Superior and/or Superior's
premises during The term of
this lease as Such charges
become due and payable
ARTICLE VIII
UNDERTAKINGS'
OF SUPERIOR
Superior further covenants
as follows. •
A. At its own expense, to
Improve the leased premises
by the construction of hang-
ars, offices, shops and/or
other improvements, as
hereinabove mentioned, and
to maintain said Improve-
ments and leased premises
in a presentable condition
consistent with 'good busi-
ness practice and equal in
appearance and character to
other similar improvements
on the airport,
B. To remove from the
leased premises all Waste,
garbage, rubbish, junk,
worn-out parts and other re-
fuse, and not to deposit the
same or allow the same to
accumulate, except tempo-
rarily in connection with col -
'dried for'removal,-on-any
000 of Ole leased premises
or other property located ,,'R
i1Mr63aa.atcaEbkg6M,u*Lo• 1
of a similar nature
To make adequate f
wlubricants
for and dispose of
waste oils and lubricants oft
the airport property and nev-
er put or allow to be put any
such waste oils and lubri-
cants into the airport waste-
water system.
C. To supply good, prompt
and efficient service ode.
mate to meet all the de-
mands for such service at;
the airport on a fair, equal'
and nondiscriminatory basist
to all users thereof, and to'.
charge a fair, reasonable
and nondiscriminatory price
for each unit of sale or ser-
vice, provided provided that Superiorj
or its tenants and sublessees
Will be allowed to make rea-
sonable and non-
discriminatory discounts, re-
bates or other similar type of
price reductions to volume
0 purchasers Nothing herein 1contained is intended to nor
shall be construed as vesting
in City the power or author-
ity to regulate Superior's
charges for student training,
aircraft rental, aircraft Stor-
age and aircraft charter ser-
vice and services specifical-
ly related to such service
ARTICLE IX
GENERAL PROVISIONS
A. INDEMNIFICATION
Superior s and shall be
I deemed to bean independent
contractor and operator re-
sponsible to alt parties for Its
respective acts or omissions
and those of its agents, ser-
vants, employees, invitees,
tenants and sublessees, and
City shall in no way be re.
sponsible )heretor. 10 the use
of the airport and in the
maintenance, erection or
construction of any improve-
ments thereon, and the ex-
ercise and enjoyment of the
rights herein granted, Supe -
nor will Indemnify and save
harmless City from any and
all losses or claims for dam-
ages that may proximately
result to City from any negli-
gence on the part of Superi-
or, Superior's agents, ser-
vants, employees,
construction contractors and
invitees, and for those of its
tenants and sublessees Su-
perior will carry public lia-
bility Insurance in the min-
imum sum of 5500,000 single
limit. All insurance shall be
carried in a responsible com-
pany and shall name City
,nays assuredSuch policyas
shall, in add.ition, be en-
dorsed to provide for cross -
liability between the as-
sureds. Such policy shall be
in a form satisfactory to
City. All such policies shall
provide for a minimum of
ten (10) days notice to City in
the 00ent of cancellation or
material change in the terms
thereof
0 NOTICES, Notices to
City shalt he deemed suf-
ficient if in writing and mail -
es, postage prepaid, ad-
dressed to the Airport
Manager, Route 2, Box 902,
Corpus Christi, Texas 78410,
or to such other address as
may have been designated In
writing by City from time to
time. Notice to Superior
shall be deemanded sufficient mailed,post
if
in writing •
age prepaid, addressed to
Superior at 900 N,E L �..
410, Sade 600, San Antonio
r
•
PUBLISHER'S AFFIDAVIT v. 343956 CITY OF C.C.
/e77/
STATE OF TEXAS, La,
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came
BTT.T,TE..,L....HENDERSON , who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING...... __ {
CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on the. 21st day of DECENp,ER 19 .81., and once each
consecutive da,Y
one Times.
39.36
day
thereafter for
BILLIE J. HENDERSON
.732
Subscribed and sworn to before me this 28th day of
DECEMBER
one
.L4IS..WIIIN.
�c� Notary Public, ltlueces County, Texas
9+ .x:�'_IM?µa frvYLA",p*`w+"fm
19 .8.1
NoricE•oF 7, ,
• PASSAGE OF •
ORDINANCE ON
SECOND READING
AUTHORIZIKS THE CIT
MANAGER TO EXECUTE
A LEASE AGREEMENT
WITH SUPERIOR HELI-
COPTERS , INC. COV•1
ERING A COMMERCIAL(
HANGAR LEASE PLOT AT
THE CORPUS CHRISTI IN-1TERNATIONAL AIRPORT,.
WITH UTILITY LINES, A
ROAD EXTENSION, RAMP
AND TAXIWAY EX-
PANSION TO BE CON-
STRUCTED BY SUPERIOR
HELICOPTERS, INC., AND
PAID FOR BY THE CITY
OVER A PERIOD NOT TO
EXCEED SIXTY (60)
MONTHS THROUGH RENT
REDUCTION AND FUEL
FLOWAGE FEE REDUC-
TION, ALL AS SHOWN AND
MORE FULLY DE-
SCRIBED IN THE LEASE
AGREEMENT, A SUB -1
STANTIAL COPY OF
WHICH IS ATTACHED
HERETO AND MADE A
PART HEREOF, MARKED
EXHIBIT "1.
WAS PASSED ON SEC-
OND READING by the City
Councilof r telroC.1M 0)in OleEor1p6u)
iC:•labyrisottibecember 1961,Pre91•
ously aPPr00 on first read;
Mg on Deceibber 9,1981.T
full text of said orsluril,c,etti‘se
-available to t115
Office of thP.c /LP Secretary'
-.5111 G. Read
•• City Secretor
- ))
• • • 9CoTpus Christi,
x.ro'0'moi9 ot9OPM19","9".9•2PliBwrigiVirejr.""j4:99:199,,I.V10f3trrie Ant
STATE OF TEXAS,
County of Nueces.
}ss:
Before Jme, the undersigned, a Notary Public, this day personally came
BILLIE F....IENDER.SDN. , who being first duly sworn, according to law, says that he is the
......ACCDIJNTINC..Cl2gK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
• NOTICE OF PASSAGE OF ORDINANCE OF FIRST READING.....
PUBLISHER'S AFFIDAVIT v. 328617 CITY OF C.C.
of which the annexed is a true copy, was published in GQ13111.02.1S2.1_CAT.r
on the 14th day of DECEMBER DECE19 St and once each......._.._..d c thereafter for...._...on_��_..�.
_._._....._. e
day
consecutive
one
a--
_ Times.
39.36
Subscribed and sworn to before me this
BILLIE J. HENDERSO
17thday of
19 81__
___ LOIS WINN agea)
Notary Pubhc, Nueces County, exas
1
PASSAGE OF
F RT READING
AUTHORI{INGS•THE'
(CITY MANAGaR TO EXE-
CUTE A LEASE AQREE-
MENT WITH, SUP RIOR
ERING AT COMMERCIAL
AL
HANGAR LEASE PLOT AT
THE CORPUS CHRISTI IN-
TERNATIONAL AIRPORT,
WITH UTILITY LINES, A
ROAD EXTENSION, RAMP
PANSIONXTO BE CON•
STRUCTED BY SUPERIOR
HELICOPTERS, INC., AND
PAID FOR BY THE CITY
OVER ,A PERIOD NOT TO
EXCEED
MONTHSTHROUGH RENT
REDUCTION AND FUEL,
FLOWAGE FEE REDUC-
TION, ALL AS SHOWN AND
MORE FULLY DE-
SCRIBED IN THE
LEASE
AGREEMENT,
OF
T, A STANT5L ATTTACHED
HERETO AND MADE A
PART HEREOF, MARKED
EXHIBIT '1", AND DE-
CLARING AN EMERGEN•
CY.
T
READIPASSEDy Ibe ONi yCoun-
cil of the City of Corpus
Christi, Texas on th:) 91h day
of Decembel 1981. , The full
text of nce is
available to the public c In the
OHice of the CdyB.S' Ge Read
x City Secretary
6ir Corpus Christi,
• Texas