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HomeMy WebLinkAbout16849 ORD - 02/03/1982TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT USE AGREEMENT WITH EAGLE COMMUTER AIRLINES, INC., OF BROWNWOOD, TEXAS, ON A MONTH-TO-MONTH BASIS UNTIL THE LEASES ARE CONSUMMATED WITH ALL USER AIRLINES, AT A LANDING FEE OF 66-i¢ 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"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute an airfield use agreement with Eagle Commuter Airlines, Inc., of Brownwood, Texas, on a month-to-month basis until the leases are consummated with all user airlines, at a landing fee of 66-1¢ 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 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, 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 forc and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 14.0047 day of February, 1982. ATTEST: tfOl'fiC7?Y' Secretary APPROVED: DAY OF FEBRUARY, 1982: J. BRUCE AYCOCK, CITY ATTORNEY By THE CITY OF CORPUS CHRISTI, TEXAS 16849 MICROFILMED SEP 2819,84 Np,,,t7.rW!Eu THE STATE OF TEXAS i COUNTY OF- NUECES This Lease Agreement, made and entered into this the day of ., 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 Nixon County, Texas, hereinafter referred to sometimes as LESSOR, and EAGLE COMMUTER AIRLINE, INCIterein,!fte'r. som-tin-es referred to as LESSEE, W 1.THESSETH: ARTICLE I PREMISES Lessor, as sponsor and owner of the Corpus Christi -International idrt, located in nueces County, Texas, doesberch.C.,, fer.the uses and PurPesca and fnr the consideration as hereinafter stated, demise and let unto Lessee, lessee does hereby hire and take from Lessor, the following prer,ises ene, tr;thout limiting the generality hereof, the following rights, . mocnses and privileges on and in connection with the isirport, as more Ferti::- ularly.hcreinafter :,et forth: A. Use of -Airport. The use by Lessee, its employees, passengers, patrons and invitees, in common with other duly authorized users the public portions of said Airport and appurtenances, t.::e same being vire particularly described in diagram marked 'Exhibit A", attached hereto and r:adc/' a part hereof for svire particular reference, tor,ether ,iith all facilitie:, improverients, equipment and services which have been or :..ay he hereafter r.rovided for common use at or in connection with said Airport. n. .Sneeific Pichts at Ali:port: in addition to all rihts elsewhere nranted in this agreer:ent, the Lessee shall have the right to Ilse the Pirport for the following specific purposes: (1) The operation of a transportation syste:1 by aircraft for the carriage of property, including ell.activities reasonbly necessary to such operation, hereinaP.er refurred to as "air transportatien"; • 6 , "'-;),.k • -" C - (2) The landing, taking off, loading, unloading, repairing, main- taining, conzfitioning, servicing, parking, storing and testing of aircraft or other egoioment including the use of a reasonable amoont of conveniently located ramp area which Lessor will keep in good repair, and locations to be motually agreed upon, adequate storage facilities for gasoline, oil, - 'greases and other fuel or supplies, at convenient locations, in accordance with insurance undereiritersstandards, together with the necessary pipes, pumps. motors, filters and other appurtenances incidental to the use thereof; su:h structures and appurtenances to be and remain the 'severable p-rOperty of Lessee; (3) .The documentation of shipments and the loadino and unloading cf cargo and property at said Airport by such motor vehicles or other means of conveyance as Lessee may desire or require in the operation of its air transportation system, with the right to designate the particular &.rrier cr . carriers who shall or ray re.jularly transport Lessee's property an cargo to an from the Airpo,-t, provided, however, that nothing contained herein s'h.all prevent the City from granting the franchise or franchises for lirousine servico; (4) The purchase at said Airport of Lessee's requirements of line, fuel, lubricaLing oil, grease, food and other oopplie-c, and any other materials and supplies from any person or company of Lessr.!e's choice, and tno making of agreements with any person or company of Lessee's choice for work to be done for Lessee; (5) The installation and operation of identifying signs on the leased premises, the general type and design of such signs to be subject to the approval.of the Airport Nanager, such approval not to be arbitrarily withheld; (5) The inotallation, maintenance and operation of such radio, com- munication, metcorologic:1 and aerial navigation equipment and facilities in, on an;i about the pr:1:lis2s Le-uin leased and said Airport as way be nocessary Lr ccnvnn'.ent ::pircicn of tbe Lessee for its cperaLions; provi-2ed tha:: the location'of such equip.r.ent ard facilities as mig'rt interfere with full end proper use of the Airport ;hall be subject to the approval of the Manager, such approval not to he arbitrarily withheld; -2- ' The rigts, licenses and privileges granted the Lessee under this Article I with respect to the performance of ground services and activities in connection with its air transportation operations at the Airport ray be exerdsed ty the Lessee for end on behalf of the Lessre by any company or person desinnated by Lessee. C. Space in Terminal Cuildinn. The right to sublease space from oth-.:r air transport operators holding current leases on Terminal Building spaces is hereby granted for such uses as Lessee may desire to rake thereof in con- nection with cr inddental to its operation of an air transportation systnm. The Lessee shall have the right and option at any time and fro,s time to time during the tdno 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 addi:ional space at the Airport not necessary to the Lessor's operation of the Airport and at the tine not leased to others, whetnur such space is adjacent to the.space leased hereunder or otherwise, together with any or all rights, facilities, licenses, and privileges appurtenant tG -- • such speCe and to the Airport, upon the same general terms and conditions as arc herein esta5lish,ad. D. Pallking S,,ace. The use by Lessee.and its employees. in comcon only with the other air tranyport operators who may be lessc!-:, of space at the Airport and their erployees, of adequate vehicular parking space located as as possible to said Terminal Building. A charge per month per ewployee may be made for the use of this space. The charge will be levied only in the event that additional parking space must be built to acummodate employees' vehicles. E. Rieht of Access, Inaress and Egress. The full and unrestricted rights of access, ingress and egress with respect to the premises outlined in paragraphs A to 9 above, for Lessee, its employees, passengers, guests, patrons, invitees, suppliers of materials and furnishers of service, its cr their aircraft, equipment, vehicles, machinery and ether property, subjct to Airport. security regulations, without charge to Lcss,n. or to said pers,ns or property. -3- • ARTICLE II. Lessee shall have and hold said premises, facilities, rights, license., and privilegc•:. set forth in paragraphs A to E inclusiv-2, of Article I, for d ter:: roe on theI_Jay. of, 19 , on a month to wonth !.asis, and c3ntinuino until such term or agreements are reached with all ceo- tract carriers setting forth fees and terms, unless sooner terminated hereinafter nrovided. ARTICLE III QUIET ENJOYMENT Lessor represents that it has the right to lease said property and appurtenances together with all the facilities, rights, licenses and privi- leees herein granted, and has full power and authority to enter into this lease in respect thereof; and covenants that upon perfor7.ance of the Agree - on the port of Lessee to he performed hereunder, 1essce shall proe,lbiy haee and enjoy said pre:lises, appurtenances, f,:cilities, rights, liceosc:; and privileges. ARTICLE IV DEVELOPNENT, MAINTEULACE AND OPERATION OF r:I9P9R7 Lessor agrees that it will develop and impro,".,e, and at all tires m.lintain and operate with ad-:euate and efficient personnel and keep in good rop;r said Airport and Terminal Building, and the appurtenances, facilities arid services now or hereafter connected therewith, and keep said Airport and its aroaches free fre:a cbstruction, congestion and interference for .the safe. eunvenient and proe.er use thereof by Lessee, and will r.antain and operate said Airport so as to entitle it to the approved rating by the Federal A..;iation le-..ency and ail other apprepriate regulatory authorities in respect to all present and future operations of Lessee. Lessor shall provide adequate il lu-- =illation for the loading rap area adjacent to the Teminal Building with minimum of three foot candles at a distance of 75 feet from the ramp fence liner It is'expressly understood that the Lessor will keep the public space in the Terminal Building attractivel; furnished, and will provide and supply adequate light, electricitY and water for the public space; heat during cold weather and air conditioning during wana weather sufficient to keep the -4- !.uildiug at a reasonable temperature; janitors and other cleaners necessary to keep the Arpert and all spaces in the Terminal Building at. all times clean, neat, erderly, sanitary and presentable; such personnel as may be necessary se facilitate the..use of the Airport and Terminal Building and the appurtenances, facilities and services as aforesaid by any one hereunder entitled to use the same. Lessor agrees that it will provide domestic water, mechanical equipment and piping necessary for cooling and heating Terminal Building space together with the necessary hot and cold water to air-condition and heat said space. ARTICLE V . RULES AUD REGULATIONS Lessee covenants and agrees to observe and obey all reasonable and law- ful rules and regulations, not in conflict with the provisicns hereof, .ahich from ti:' e to time during the term,hereofrbe pro=u1::a1ed and enforced tv for.operation et sad Airport. ARTICLE VI RENTALS AND FEES Lcssee agrees t pay Lessor for the use of all the premises, facilitie:, rights, licenses and privileges granted hereunder, the following rentals. fees and chars: 1. S4.50 per montL'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 hy the Southwestern Bell Telephone Company, so that the intercommunication system is not provided by Lessor, then this charge shall not be made. 3. Lessee agrees to pay a flat rate for electrical energy consumed for its exclusive use based on actual cost to Lessor. . . 4. Lessee may from time to time rent space on the airfield upon terms mutually agreed upon between the parties and at such locations as may be mutually agreed upon, for the location of shopIspace. 5, Baggage Claim -- The fee for the baggage claim area shall be at the then current rate and shall be paid jointly by the Lessee and other certified carriers holding valid leases with the City for the use of International Airport facilities in accordance with the following formula: Twenty percent of the rent will be shared equally. The --- remaining eighty percent will be paid according to Lessee's enplaning passengers divided by the total passengers enplaned._____I- by all air carrier lessees then multipled by eighty percent of the annual rate for said baggage claim area. The baggage claim area rent will be calculated monthly and paid in the same manner as all other rents and fees. •1 • trTh ! Lee may from tire to time lease space for the storage cf fuels and propellants at a mutually agreed upon loca- tion on the airfield, upon terms and conditions mutually agreed upon between the parties. Landing fees paid by Lessee will be 66 1/2 cents per 1,000 pounds certified gross landing weight. The above listed rentals and fees shall become due and payable on a monthly basis. Pirsents sEall be made to the Airport reneger or to such other agency of the City as may be Specifically deSisnated in'Writing by the Lessor. The foregoing payments shall be made on or before the 15th day of the calendar month next succeeding that for which payment is being made; .provided that in no case will said amount be payable:until ten (1O)days after receipt by the Lessee of a. written bill therefor from Lessor; and provided that Lessee shall not be required to pay inj-espect to any time or ti7ies during which the facilities and privileges of :aid Airport and premises not measure' up Cr conform to the standard set in this agreement, or are ,---1,n.11 for other reascns usable by.the Lessee in all its aid operation: 2nd husiness. Paynts shall.be prorated for any portion'of a calendar renth the cr;z7w:ncemEnt al.:1 ter.:ivation of this agreemen.... .ARTICLE Vil CHA2qi, rr.s OR Az; Nlyentals, fess., licee:e, excise or operating taze,.., tolls or Gth,.":: cbar.,;es, except th..:se herein expre:sly provided, shall ci:arsed asainst er.cell.ected from, firectly or indirectly, the Lessee or any ether.person engaged in supplyin:; LeS5C2, for the privileges of huy:, selling, Using, storin3, withdrawins, bandling, consuming or transportin: materials or oths:r supplies to, from or on the Airport; -of making or perfor.-:ing a.greements for work, materials, er services at the Airport; of transporting, loading, un-' loadins or handling cargo or pi-Tiperty to, from or on said Airport; or for any other of the premises, facilities, rights, licenses, and privileses in this.lease. Nothing contai:,ed herein, however, shall prohibit the Lessor from ren:-- ing space for or cbarging a. reasonable fee to a catering service providing food prepared on the Airport, or from granting franchises for the operation . of limousine and taxicab and rent -a -car services or &cm charging a flotiage fee to operators vending fuels and lubricants on the Airport, provided that no such flewace fee will' be charged for fuels and lubricants delivered into Lessee's aircraft at the Airport. This provision is not to limit the right of Lessor to license or tax in a general or nondiscriminatory way any office or business operation located • or cOnducted outsic ! the boundaries of the Airport and within the corporate - limits of Lesser; and it isnotto limit Lessor's right to impose general - and condiscrimicatory ad valorem taxation on personal or real property having- - a taxable situs within the corporate limits of Lessor. If any taxes other than ad valorempr ;eneral sales taxes are paid by Le5SCrY as a result of its . cparation, the fees and charges in Article VII .hereof shall be diminished in li%e amounts. ARTICLE VIII DAMAGE OR DESTRUCTION OF LEASED PREMISEf;: If any Property, part or all of which is leased to Lessee, shall be partially damaged or wholly destroyed by fire or other casualty,.Lesscr at its own cost and exsonse shall repair or reconstruct the same with due dili- . gence and within a reasunable_time; and Lessee's rentals and other chsrg.—.' with'respect to said property shall be proportionately ahated from the happen- ing of such damage or destructien 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 Lessee •• is thereafter adjudicated bankrupt pursuant to such proceedings, or that'the court shall take jurisdiction of Lessee and its assets pursuant to proceedings ,-Jrought under the provisions of any Federal reorganization act, or that a receiver of LCSSOeS assets shall be appointed, or that Lessee shall be divested of, or be prevented hy any final action of any Federal or State - -------- authority from conducting and operating its transportation system for the I! .z`,... -^g- carriage of cargo and property by aircraft at the Airport, or in U' event tht LessDe shall fail te perform, keep and observe any of the terms, coven;:ni: or conditior.s herein contained on the part of the Lessce to be performed, kept or observed; and any.such condition or default shall continue for thir7ty (33) 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 twFtnty (20) day written notice; and the term hereby demised shall thereupon ccase and expire at Ili,: end of such twenty (20) days in the same manner and to the same effect as if were.the expiration of the original term. ARTICLE X _ - CANCELLATION BY LESSEE: Lessee, in addition to any right cf cancellation or any other right Lerf.in given to LCSLQC, may Suspend or'cancel-thiS. lease in its entirety cr suspend or terminate all cr. any of its obligations hereunder at any to' hy thirty (30) dayswritten notice, upon or after the happening Of any one cf the following events: A.- The suspension or termination of Lessee's Certificate of Public Convenience'and Necessity. B. Any failure or refusal by the Texas Aeronautics Commission to < :mit 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 Egreements herein contained and the fail::re of Lessor to remedy. such breach for a period of• - thirty (30) days after receipt of a written notice of the Existence of such breach; 0. 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, yule or regulation of any appropriate governmental authority having jurisdiction over the premises or the operation of Lossee or due to war, earthquake or other casualty: • • 4.."!.. • In the :!ve:t thet the Lessee shall suspend this lease or any Gf its obligations, as herein provided, Lessee shall have the further rht, dtirin3 such suspension, to cancel this lease or any of its obligations by givin Lesser thirty (30) days' written notice of such cancellatipl at any prior to terx.inatien of the condition or event which c.ave rise to the s.Jspen- ' sion; and, if Lessee does not so cancel, such suspension shall termi:lale sixty (60) days after termination of such condition or event and written no:ice thereof from Lessor to Lessee. The period of an.' suspension of this in its entirety shall be added to the term of this lease or any renewal or extension thert;of. ARTICLE XI NONWAIVER OF RIGHTS Continued performance by either party pursuant to the terms of this z.t.weeent after a default of any of the terms, covenant; and condition; herein contained to be performed, kept or observed by the other party shali not be deemed a waiver of any right to cancel this lease for such default, and no waiver of any such. default shall be construed or act as a waiver of any subsequent default. ARTICLE XII SURRENDER OF POSSESSION Lessee agrees to yield and deliver to Lessor possession of the premises kased herein at the termination of this lease, by expiration or otherdise, or of any renewal or extension hereof, in good condition in accordance with it; express cbligaLiOns 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 re:r.ove all fixtures and equip:ent 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 n,y have thereon for unpaid rents cr fees. :• - , • ; employees. ARTICLE XIII ASSIGHMFAT OF LUSE Lessee.shall not at any time assign this lease or any part thereof with- out the consent in writing of Lessor; provided, however, that without such consent Lessee ray assigfi this lease to any corporation with which the Lessee may merge or consolidate or which may succeed to the business of this Lessee, or may sublet any of the space leased exclusively to the Lessee hereunder. ARTICLE XIV IHDEMNiFICATIOU The Lessee; under the terms of this agreement, will not be in control or possession of said Airport and Lessee dces not assume responsibility for - . the condu-ct cr eperation of the said Airport or for the physical or other conditions of the same. However, it is expressly understood and agreed by - and between the parties hereto that the Lessee is and shall be an indnpendent contractor and operator, responsibre to afl parties, for all of its act.; cr emissions and the Lessor shall in no way be responsible therefor. further_agreedthat in its use and enjoyment of the field, premises aty; facilities herein referred to, the Lessee will indemnify and save harmless the Lessor from any and all claims or losses that may proximately result to the Lessorfrom any negligence on the part of the Lessee, its duly author:2°d. agents or emp1oye-2s, and shall in all ways hold the Lessor harmless frcm sire, provided the Lessor shall give to the Lessee prempt notice of any claim, damage or loss, or action in respect thereto, and an opportunity seasonably to investigate and defend against any claim or action based upon . alleged neglieent conduct of the Lessee or its duly authorized,agents or • 'ARTICLE XV yoricEs Notices to the Lessor provided for herein shall be sufficient.if sent by registered mail, postage prepaid, addressed to: Airport Manager Route 2; Box 902 Corpus Christi, Texas 78410 :id notices to the Lessee:. if sent by registered mai!, postage prepaid, • dressed to tesee, , or Lo suc!! other resp,Ntive addresses as the parties may designate in writing from to time. ARTICLE XVI COVENANT nor 70 GRANT MORE FAVORABLE TERMS Lessor covenants and agrees not to enter into any lease, contract or agreement•with any other .air transport operator with respect to the Airport containing more favorable terms than this lease or to grant to any other . air transport operator rights, privileges or concessions with respect to the said Airport which are not accorded to the Lessee herE,onder unless the same terms, riohts, privileges and concessions are concurrently made available to the Lessee. ARTICLOVII, - .FEDERAL AVIATION ADMINISTPATION Whenever -the term "Federal Aviation Admioistratibn" is used in.this lease,.it shall be construed as referring to the Federal Aviatien Adminint: tien created by the Federal Government originally as th2 Civil Aeronautics Authority under the Civil Aeronautics Act of 1938, or to such other agency or agencies of the Federal Government having from time.to time similar juris- diction over the.Lessee or its business. ARTICLE XVIII' HEADINGS The article and paragraph headings are inserted only as a matter of convenience arid for reference and in no way define, limit or describe the scone or intent of any provision of this lease. • - ARTICLE XIX INVALID. PROVISION It is further expressly understood and agreed by and between the parties hereto that in the event any covenant, condition or provision herein contained is held to be invalid by any coort of competent jurisdiction, or othenvise _ ST, : appears to both parties to be invalid, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either the Lessor or the Lessee in its respective rights and obligations contained in the valid covenants, conditions or provisions of this lease. ARTICLE XX ' PERFORMANCE'BOND/LETTER OF CREDIT Lessee agrees to furnish within 15 days from the effective date of said agreement a performance bond or a. Letter of Credit in the principal amount of $1200. This performance bond or letter of credit shall guarantee the payment of landing fees, terminal fees, security charges and 1esse8 other obligations to pay as provided herein. The performance bond or Letter of Agreement shall be in a form agreeable to the City Attorney and shall be kept in full force and effect during the term hereof. ,- • – IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. ATTEST: LESSEE: Secretary ATTEST: LESSOR: CITY CITY OF CORPUS CHRISTI, TEXAS . • City Secretary APPROVED:. " DAY OF ''' 1982: E. Briones Acting City Manager J. BRUCE AYCOCK, CITY ATTORNEY By:"" -" APPROVED: Assistant City Attorney (Department Head) \.C.------\ \ \ \ 3 X \ \ \ \ ,•\1 I I 5 • C: )/ jc• I • I "1"1. :1i \ s'\\. •I \\\\\,\ • 7 ,rinn ti Int.cirrzional e 1" 1,000' • PgIJ (lei S I _ • 11 " I • Corpus Christi, T xas day 0 he .1982--- - i‘v I TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky .16849