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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. -2- 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 -5 - 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: -6- 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'