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