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HomeMy WebLinkAbout17273 ORD - 09/29/1982AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SOUTHWEST AIRLINES COMPANY FOR RENTAL OF OPERATION FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL,OFTHE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an agreement with Southwest Airlines Company for the rental of the operation facilities vacated by Braniff Airways, Inc., at Corpus Christi International Airport, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action so that the best possible use of City facilities can be made, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall ta ffect upon first reading as an emergency measure this the day of .4co7e./a4....1 , 1982. ATTEST: . y Secretary APPROVED:cltki OF SEPTEMBER, 1982 J. BRUCE A 0 K, CITY ATTORNEY MAYO By As Istant City 'ttorney THE CIT OF CORPUS CHRISTI, TEXAS V273 MICROFILMED SEP 2 8 1984 FACILITY USE AGREEMENT (TICKET COUNTER) This Agreement, made and entered into this day of , 1982; by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City"), and Southwest Airlines Company (hereinafter "Operator"); W ITNESSET H: Whereas, the City and Operator have previously entered into a Lease Agreement dated March 1, 1977, for rental of space at the Corpus Christi International Airport and the use of said Airport; and Whereas, Operator desires to relocate its Ticket Counter operations to those areas indefinitely vacated by Braniff Airways, Incorporated, (hereinafter "Braniff"); In consideration of the covenants and conditions herein expressed, the City and Operator agree as follows: The City agrees to allow Operator the -right and license to use certain airPort and terminal facilities, including fixtures therein and improvements thereon, more particularly described as "Exhibit A" (collectively referred to as the "Facilities"), all in accordance with the following provisions and the STANDARD TERMS AND PROVISIONS and the ENDORSEMENTS incorporated herein as paragraph V, and subject to all provisions of said Lease Agreement not in conflict herewith. 11. Operator agrees to pay to City the sum of FIFTY DOLLARS ($50.00) per day for the use.of the fixtures and equipment located within the Facilities, said sum payable monthly in arrears by cash, cashier's check or federal funds wire transfer. The mailing address for City is provided in paragraph'IV hereof. 111. Operator agrees to pay as rentals the following sums: Ticket Counter Area $10.04 per sq. ft. per annum ( 434 sq.ft.) Air Conditioned Office Space$ 9.36 per sq. ft. per annum (1034 sq.ft.) Non -Air Conditioned Space $ 7.49 per sq. ft. per annum (1143 sq.ft.) Said rentals shall be due and payable on a monthly basis. Payments to the City shall conform to the terms and conditions specified in said Lease Ey/a-7r Agreement. During the term of this Facility Use Agreement, the lease of Ticket Counter facilities previously provided in said Lease Agreement shall terminate and Operator shall not be required to pay the rentals for such Ticket Counter facilities specified therein; however, Operator shall continue to hold an option to reinstate the provisions of said Lease Agreement as they pertain to such Ticket Counter facilities to be exercised upon any termination of this Facility Use Agreement. IV. The proper mailing address for City is P. O. Box 9277, Corpus Christi, Texas 78408, and the proper mailing address for Operator is 1820 Regal Row, Dallas, Texas 75235. v. STANDARD TERMS AND PROVISIONS 1. EXPENSES AND CHARGES Operator agrees at its own expense, and without any expense to City and Braniff, to keep and maintain the Facilities in good condition and repair, and to restore or replace any such Facilities which may be destroyed or damaged by fire, casualty, or other cause whatsoever. City and Braniff shall not be obligated to make any repairs, replacements, or renewals of any kind,- nature or description whatsoever to the Facilities. Operator shall pay and agrees to indemnify and hold City and Braniff harmless from and against the payment of any and all taxes of whatever kind or nature, but excluding income taxes, which are or may be assessed against, chargeable to or collectible from either Operator, City or Braniff by any taxing authority, federal, state or local, and which are based upon or in connection with this Agreement. Operator will be responsible for all expenses incidental to its use hereunder, including but not limited to rent, telephone, utility or communications charges, landing fees and all other charges for airport use. 2. INSURANCE AND INDEMNIFICATION Operator shall keep all Facilities free and clear of any and all liens of whatever nature, arising out of acts by Operator or as a result of Operator's failure to act in discharging any claims upon which any such liens may or could be based. Operator shall indemnify, defend and hold City and Braniff, their officers and agents, harmless from all claims arising out of any injury or damage to any person or property wherever occurring, resulting from any operation or use of the Facilities, whether such injury, death, loss, destruction or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Operator, City, Braniff or of any user of the Facilities, or shall result from or be caused by any other matter or thing, whether of the same kind as or of different kind than the matters or things above set forth. Operator shall maintain public liability and property damage liability insurance in amounts and under terms satisfactory to City and Braniff, insuring against all liability arising out of the operation or use of the Facilities. Both additional parties shall be named as coinsureds under such insurance policy. 3. TERMINATION BY CITY OR BRANIFF During the term of this Agreement, City or Braniff may, at the option of either, terminate the Agreement upon fourteen (14) days written notice. 4. TERMINATION OF OPERATOR During the term of this Agreement, Operator may, at its option, terminate the Agreement upon the giving of not less than thirty (30) days prior written notice to City and Braniff. 5. USE Operator shall not sublet, assign or transfer the Facilities or otherwise permit the Facilities or any part thereof or interest therein to be used by anyone other than Operator, its officers, employees or agents. The performance of any service or use of any facility agreed to herein shall be subject to Braniff's applicable airport use and/or lease agreements and to all applicable federal, state and local laws, statutes, ordinances, rules, regulations and licenses. 6. MISCELLANEOUS This Use Agreement shall be governed by the laws of the State of Texas. Each party shall be relieved of its obligations hereunder in the event and to the extent that performance thereof is delayed or prevented by a cause reasonably beyond its control. This Agreem6nt constitutes the entire agreement between the parties hereto and supercedes any prior understandings, written or oral agreements between the parties, relating to the subject matter hereof. It is agreed that the obligation to pay Braniff hereunder shall be absolute and unconditional and shall not be subject to set-off against any monies owed Operator by Braniff prior to the filing by Braniff of the petition for reorganization under Chapter 11 of the Bankruptcy Code. Validity and effectiveness of this Agreement is subject to approval of the . terms hereof by the United States Trustee for the Northern District of Texas, Fort Worth Division, or the Bankruptcy Court thereof, as required. In the event of a conflict between any Endorsement and other provision of this Agreement, it is understood and agreed that the Endorsement shall supersede and control. ENDORSEMENTS 1. No modifications of a permanent nature will be made to any of the existing facilities, furnishings or equipment. 2. All signs and decor will remain in place. 3. All temporary signs installed by the users of the facilities must be removed upon termination of this Agreement and all evidence of their existence must be repaired. Care must be taken to pack and store Braniff office supplies before occupancy. In witness whereof this Agreement is executed as of the date above written in duplicate originals both of equal force and effect. ATTEST: CITY OF CORPUS CHRISTI By Bill G. Read, City Secretary Edward A. Martin, City Manager APPROVED: This day of , 1982: J. Bruce Aycock, City Attorney By Assistant City Attorney By Assistant City Manager SOUTHWEST AIRLINES COMPANY, OPERATOR By Its 972r Corpus Christi ,,,exas 0:.2P day of , 1982 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,. Respectfully, Council Members MAYO THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll ing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17273