HomeMy WebLinkAbout17435 ORD - 01/19/1983•
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE
FIRST NATIONAL BANK OF CORPUS CHRISTI FOR INSTALLATION OF
AN AUTOMATIC TELLER MACHINE AT THE CORPUS CHRISTI
INTERNATIONAL AIRPORT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized to
execute an Airport Lease Agreement with the First National Bank of Corpus
Christi for installation of an automatic teller machine in the Terminal
Building at the Corpus Christi International Airport for a term of five
years, a substantial copy of which lease agreement is attached hereto, marked
Exhibit "A".
=i 2435
SEP 2 81 R4
MICROFILMED
AIRPORT LEASE AGREEMENT
THIS AGREEMENT made and entered into this day of January, 1983,
by and between the City of Corpus Christi, hereinafter referred to as
"City", and First National Bank of Corpus Christi, hereinafter referred to
as "Lessee";
WITNESSETH:
WHEREAS, the City owns and operates an airport known as Corpus Christi
International Airport; and
WHEREAS, the City has determined that the installation of an automatic
teller machine service is appropriate in the terminal building of said
Airport; and -
WHEREAS, Lessee has offered to install and operate an automatic teller
machine service at said Airport;
NOW, THEREFORE, for and in consideration of the rentals, undertakings
and covenants recited herein, the parties hereby covenant and agree as
follows:
SECTION 1. Premises
That for and in consideration of the payments and agreements
hereinafter mentioned to be made by Lessee, City does hereby grant the
right and privilege to install and maintain an automatic teller machine,
and lease the space required for same, in the Corpus Christi International
Airport: The space containing approximately 170 square feet is located in
the lobby of said terminal building as depicted and shown on Exhibit "A"
attached hereto and made a part hereof.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of five (5) years
commencing on February 1, 1983. -
SECTION 3. PERCENTAGE FEES AND PAYMENTS
In consideration of the foregoing, Lessee agrees to pay to the City
the sum of four hundred dollars ($400.00) per month due and payable on or
before the 10th day of each month. Said rental rate shall be subject to
readjustment by the City at the end of the third year of this Agreement in
keeping with comparable leases of airport property by the City which may
then be in effect.
SECTION 4. NON-DISCRIMINATION
Lessee, in exercising any of the rights or privileges herein granted
to it, shall not on the grounds of race, color or national origin
.discriminate or permit discrimination against any person or group of
persons in any manner prohibited by Part 15 of the Federal Aviation
Regulations. The City is hereby granted the right to take such action,
anything to the contrary herein notwithstanding, as the United States may
direct to enforce this nondiscrimination covenant.
SECTION 5. LAWS, ORDINANCES AND REGULATIONS
Lessee shall comply with all laws, ordinances, regulations and rules
of the City and the federal, state, county governments which may be
applicable to its operation under this Agreement.
SECTION 6. FACILITIES AND SERVICES TO BE PROVIDED BY CITY
The City shall:
A. Provide adequate heat, air conditioning, and ventilation volume
at the point of City supplied mixing boxes. Extension of same to the
Lessee's premises is to be at Lessee's expense.
B. Maintain and repair utility, heating and air conditioning systems
supplied by the City.
C. Provide electricity to point of the existing City supplied
outlets.
D. Provide terrazzo floors.
E. Extend to concessionaire the same fire and police protection and
other services extended to other tenants and facilities in the Terminal.
SECTION 7. SERVICES AND EQUIPMENT TO BE FURNISHED BY LESSEE
The Lessee shall:
A. Provide, furnish, construct, install and maintain at its own
expense all fixtures, furnishings, equipment and related items necessary to
the conduct of Lessee's operation. All equipment, trade fixtures, etc.
furnished and installed by Lessee shall remain the property of Lessee
during the term of this agreement.
B. Submit complete information regarding the automatic teller
machine, installation including detailed design, .materials, colors, and
erection or installation specifications to the City's director of aviation
for approval in writing prior to installation, display or other public use
of said machine. Failure to secure such prior approval shall be cause for
termination of the Agreement.
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C. Install and maintain at Lessee's expense necessary equipment,
electrical wiring, walls, and decor within the leased premises, utilities,
lights, bulbs and other apparatus necessary or desirable for the use of the
premises. The cost of electrical power over and above the amount required
to provide normal and sufficient lighting and the operation of small
electrical devices such as a calculator is to be at Lessee's expense.
Electrical energy used in excess of the above shall be billed to Lessee at
the then current rates charged to other terminal tenants.
D. Provide necessary maintenance, repair and servicing of said
machine in a timely manner.
E. All custodial services within the leased premises including
replacement of all light bulbs and tubes.
F. Glass cleaning for all interior and exterior surfaces of any
windows and doors located in the leased premises.
SECTION 8. DEPRIVATION OF LEASED PREMISES
If Lessee is deprived of its leased premises in said Airport because
the premises are rendered untenable or unfit for the uses and purposes
contained in this Agreement, without fault on the part of Lessee its
employees, agents or independent contractors, or if the public is denied
normal access to the Airport or to the leased premises of Lessee for any
reason, the City shall make for such periods a proportionate abatement of
the rental payments due hereunder.
If within 90 days after the premises have been rendered untenable or
unfit as above described or the public has been denied normal access to the
Airport said premises shall not have been repaired or reconstructed or
placed in operation, Lessee may give the City written notice of its
intention to cancel this Agreement in its entirety as of the date of such
damage or destruction or denial of access, without any liability being
incurred thereby on the part of Lessee or the City.
SECTION 9. INGRESS AND EGRESS
Subject to the reasonable rules of the City, Lessee, its employees,
servants, patrons, invitees, suppliers of materials and furnishers of
services shall have the right of ingress to and egress from the premises.
SECTION 10. ASSIGNMENT AND SUBLETTING
This Agreement shall not be assigned, transferred, pledged or
otherwise encumbered, without the prior approval of the City.
-3-
Lessee shall not sublet the use or operation of any part of the
premises, nor shall the premises be utilized for any purpose than
performance under this Agreement, without the prior approval of the City.
SECTION 11. INSURANCE AND LIABILITY
(a) Lessee indemnifies and saves harmless the City, its agents, or
employees from all suits and actions of every name and description brought
against them or which may result, from or on account of any injuries or
damage received or sustained by any person, persons, or property, by or
from acts of the said Lessee, its agents, servants, or employees, performed
on the premises of said Airport.
(b) Lessee indemnifies and saves harmless the City, its agents, or
employees, against any claims or liability arising from or based upon the
violation of any federal, state, county or City laws, by-laws, ordinances
or regulations, by said Lessee, its agents, servants or employees.
(c) In the event that fire damage or damage by other casualty is
sustained at any time to said terminal building, the City shall have the
option to:
(1) Terminate this Agreement, in which event the rent payable by
Lessee shall abate, and any prepaid portion thereof be
refunded; or
(2) Repair said damage within a reasonable time at the City's
expense, in which event the rent payable by Lessee hereunder
shall abate for only so long a time as and only in the event
that said premises are in untenable condition or the
public is denied access to the premises.
(d) Protection against loss by fire or other casualty to the contents
of the premises leased shall not at any time be an obligation of the City.
(e) Lessee covenants and agrees to provide and keep in force public
liability and property damage insurance, with public liability coverage of
not less than $200,000.00 for each person and $500,000.00 for each accident
and property damage coverage of not less than $50,000.00 naming the City as
an additional insured, and to furnish the City at all times with an
appropriate certificate from the insurance carrier showing the insurance to
be in force, which certificate shall also be to the effect that such
insurance shall not be changed or cancelled without ten days prior written
notice thereof to the City's director of aviation.
SECTION 12. TERMINATION BY CITY
In addition to any other termination rights contained in this'
Agreement, the City shall have the right upon thirty days written notice to
-4-
Lessee, except as otherwise provided herein, to terminate this Agreement
any time after the occurrence of any one or more of the following events:
A. Non-payment of fees due the City under this Agreement if such
non-payment shall continue for a ten-day period following notice
in writing of such non-payment. In such event, termination shall
be effective upon the expiration of said ten-day period.
B. If any petition shall be filed by or against Lessee to declare it
a bankrupt or to delay, reduce, or modify its debts or
obligations, Lessee's property shall be made for the benefit of
creditors, or if a receiver or trustee is appointed for it or its
property, the City may treat the occurrence of any one or more of
the foregoing events as a breach of the Agreement and thereupon
may terminate the Agreement without notice, and immediately enter
and repossess the premises covered hereunder.
C. Abandonment by Lessee of and discontinuance of operations
hereunder.
D. Non-performance of any covenant of this Agreement, excluding the
covenant of payments herein contained, and failure of Lessee to
remedy such breach after receipt of written notice from the City
of the existence of said breach.
E. Lessee becomes permanently deprived of the rights, powers and
privileges necessary to the proper conduct and operations of the
facilities specified in the Agreement.
F. Damage by fire or other casualty to the premises as set forth in
SECTION 11 herein.
SECTION 13. TERMINATION BY LESSEE
In addition to any other termination rights contained in this
Agreement, this Agreement shall be subject to termination by Lessee in the
event of any one or more of the following:
A. The permanent abandonment of the Corpus Christi International
Airport as an air terminal.
B. The lawful assumption by the United States Government, or any
authorized agency thereof, of the operation, control or use of
the Airport, or any substantial part or parts thereof in such a
manner as to substantially restrict Lessee therefrom for a period
in excess of ninety days.
C. Issuance by any court of competent jurisdiction of an injunction
in any way preventing or restraining the use of the Airport, and
the remaining in force of such injunction for a period in excess
of ninety days.
D. The default by the City in the performance of any covenant or
agreement herein required to be performed by the City, and the
failure of the City to remedy such default for a period of sixty
days after receipt of written notice by Lessee to remedy the
same.
Upon termination of this Agreement for any reason, Lessee at its sole
cost and expense, shall remove from the property and premises of the City
all equipment, trade fixtures and all other items installed, and shall
restore said property and premises to the condition that existed
immediately prior to the commencement of this Agreement, reasonable wear
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and tear excepted. If Lessee shall fail to do so within thirty days of the
date of termination, then the City may effect such removal or restoration
at the cost and expense of Lessee, and Lessee agrees to pay the City such
cost and expense promptly upon receipt of proper invoice therefor.
SECTION 14. AGREEMENT BINDING
The terms of this Agreement shall be binding upon the executors,
administrators, successors, and assigns of the parties hereto. This
Agreement constitutes the entire agreement between the City and Lessee.
IN WITNESS WHEREOF, this Agreement is executed in duplicate originals
as of the date first above written.
ATTEST ' CITY OF CORPUS CHRISTI, TEXAS
By: By:
Bill G. Read, City Secretary Edward A. Martin, City Manager
APPROVED:
52th day of January, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By:
Assistant City Attorney
LESSEE
FIRST NATIONAL BANK OF CORPUS CHRISTI
By:
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That the foregoing ordinance wasread for
second reading on this the S day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
first time and passed to its
9 1d� , by the
That the foregoing ordinance was read for
third reading on this the /a day of
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 the third time
on this the 1 q day of % n. ,,� A , 19 , by
Luther Jones Q �J
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the lel day of
ATTEST:
t . second time andpassed to its
1' , 19 , by the
_1.
1.
and
the
passed finally
following vote:
,1973 .
C y Secretary MA
APPROVED:
/It DAY OF �a Kerr , 19 83
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assists t
ty
ct�/
tAttorney 0
1741.15
THE TY OF CORPUS CHRISTI, TEXAS
r�
STATE OF TEXAS, lss:
County of Nueces. 1
-&s: .. #922701
CITY OF CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came.
ANNA GARZA
/2
who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi -Mines,
Daily Newspapers published at Corpus Christi, Texas., in said County and State, and that the publicatiiH.
n of
NOTICE OF PASSAGE ORDINANCE ON SECOND READING AUTHORIZING THE EXECUTION
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the 17 day iiTANUARY
DAY
consecutive
ONES
25.20
ONE
19.12.., and once each. DII _..___...__thereafter for
ANNA GARZA
--
AC CT CLERK 10th FEBRUARY
Subecr bed and sworn to before me this..._...____.._.da of
EUGENIA S. CORTEZ .
N
S
Public, Nueces County,
83
19
•
eza
G1
NOTICE`,TJF PASSAGE "' OFc. INANCE
ON SECOND READIN
UYHORIZING THE EXE
UTION OF A LEASE
AGREEMENT WITH THE
jFIRST NATIONAL BANW,
OF CORPUS CHRISTI FOR
AUTOMATIC TELLER MA-
CHINE AT THE CORPUS
CHRISTI INTERNATION-
i4L AIRPORT.
F Was passed on second
reading by the City Counol
of the Cdy of Corpus Chris-
ti, Texas on the 12th day of
January, ;983, previously
Passed on first reading on
January 5, 1983. The full
text
of said ordinance is
available to the public in
he Ofhce of the City Secre-
tary.
-s-Bill G. Read
City Secretary,
Corpus Christi,
T
:
..: w^r^r'"'W
STATE OF TEXAS, 185.
County of Nueces.
#28876
PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI
Before me, the undersigned, a Notary Public, this day personally
ANNA GARZA who being first duly sworn, according to law says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christmas,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING
whichnnexed is a true copy,CORPUS CHRISTI CALLER -TIMES
cd the a
was published in
on the 10 day_JANUARY 1983 a DAY thereafter ONE
consecutive DAY
_.. ONE ..__._Times.
22.50 • ANNA GARZA
ACCT CLERK
Subecribed and sworn to before me this_ . 1 5 .,_day . FEBRUARY
EUGENIA S. CORTEZ •
19_ 83
Tic, Nueces County, T
F
e<
h1
osa NOfhtE.bF•e
T••491 -PASSAGE OF
ORDINANCE
ON FIRST READING'
AUTHORIZING THE EXE-
CUTION OF A LEASE
AGREEMENT WITH THE
FIRST NATIONAL BANK
OF CORPUS CHRISTI FOR
INSTALLATION OF AN
AUTOMATIC TELLER MA-
CHINE AT THE CORPUS
CHRISTI INTERNATION-
AL AIRPORT.
Was passed on first reading
by the City Council of the
City of Corpus Christi, Tex-
as on the 5th day of
January, 1983. The full text
of said ordinance is avail-
able to the public in the
Office of the City Secretary.
/s/Bill G. Reed
City Secretary
�__ s.►..; tir'