HomeMy WebLinkAbout20001 ORD - 10/06/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH AMLOCK, INC.
FOR THE PLACEMENT OF SELF-SERVICE PARCEL LOCKERS AT THE
AIRPORT.
BE IT ORDAINED BY THE CITY COUNCIL
TEXAS:
OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is
contract with Amlock, Inc. for the placement of
the Airport, all as more fully set forth in the
which is attached hereto and made a part hereof,
07P.018.01
hereby authorized to execute a
self-service parcel lockers at
contract, a substantial copy of
marked Exhibit "A."
20001 MICROFILMED
AIRPORT LEASE AGREEMENT
This agreement made and entered into this day of , 19 by
and between the City of Corpus Christi, hereinafter referred to as "City", and
Amlock, Inc., hereinafter referred to as 'Lessee";
WITNESSETH:
WHEREAS, the City owns and operates the Corpus Christi International
Airport (the 'Airport"); and
WHEREAS, the City has determined that the installation of self-service parcel
locker equipment is appropriate in the terminal building of said Airport; and
WHEREAS, Lessee has offered to install such equipment 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. TERM OF AGREEMENT
The term of this Agreement shall be for a period of five (5) years commencing
upon execution by the City with an option for renewal for a term of five (5)
years.
SECTION 2 OPERATING CLAUSE
Lessee agrees to furnish such lockers and other equipment as provided on Exhibit
A and all stationery, forms, tools and operating instructions required for the
official operation of the locker service. The Airport agrees to use and follow
such instructions as provided by Lessee in order to provide the service
efficiently to Airport patrons. Installation, removal, or transfer of the
lockers or equipment within the Airport shall be subject to the prior written
approval of the Director of Aviation.
SSL 87.1
SECTION 3. DEFINITION OF GROSS MONTHLY RE.EIPTS
Gross monthly receipts are hereby defined as the total amount of monies
collected from lockers. Gross monthly receipts also includes all overtime
revenues received on account of articles checked in lockers for more than
twenty-four (24) hours or amounts due for removal of articles therefrom, but
only up to and including the first sixty (60) days from date of original
checking. In the event articles are reclaimed after sixty (60) days from date
of original checking, the City shall retain all the revenues therefrom,
including that derived from the first sixty (60) days of storage.
SECTION 4. DIVISION OF REVENUE_
The Airport shall collect monies deposited in the lockers and other revenues as
heretofore defined and shall compute the percentage of such receipts it shall
retain monthly and remit the remaining percentage of such receipts monthly to
the Lessee.
Where Gross Monthly
Receipts Are:
Percentage to be Retained Monthly by
Corpus Christ International Airport
Under 3100 35%
$ 100 up to 3 399.99 40%
$ 400 up to $ 699.99 45%
$ 700 up to $ 999.99 46%
31000 up to 31199.99 47%
$1200 up to 31300.00 48%
31400 up to $1599.99 49%
$1600 up to 31799.99 50%
31800 up to 31999.99 51%
32000 up to 32199.99 52%
32200 Up to 32300.00 53%
32400 and Over 55%
SECTION 5 PENALTY FOR LOST KEY
The Airport shall collect Five (5) dollars for loss of key by the person
checking at the time of delivery of the luggage or parcels to the owner thereof,
of which amount 33.50 shall be remitted to the Lessee at the time of monthly
Payment and 31.50 shall be retained by the Airport.
SSL 87.2
SECTION 6. GLAIM LIABILITY
Lessee agrees to indemnify and hold harmless the City, its agents or employees
against all liability for which the City may be legally liable resulting from
the lawful use of said lockers, and also against all claims for loss of or
damage to articles checked in lockers, whether said articles remain in or are
removed from lockers. Notwithstanding the previous sentence or any other
provision of this agreement, however, the Lessee shall not indemnify the City in
any respect against any liabilities, costs or expenses arising out of any
explosion or other violent or dangerous occurrence in or about said lockers
resulting from either lawful or unlawful use of said lockers.
The liability for loss or damage of articles, shall only refer to claims arising
as a result of articles having been lost or damaged within sixty (60) days
after initial date of checking. If the Airport disposes of or removes the
article taken from lockers to a storage location other than the building where
the lockers are operating before said sixty (60) day period has expired, then
any liability which may occur shall be assumed by and all storage revenue shall
accrue to the Airport. The Airport shall indicate, on forms furnished by the
Lessee, that such removal or disposal has been made. The Airport agrees to
notify the Lessee at its appropriate District Office immediately upon the
occurrence of any claim or alleged loss or damage, and to assist agents of the
Lessee in their investigation of said claim by furnishing such information
pertinent to the claim as may be available.
It is understood that the Lessee shall handle all claims to their conclusion.
If Lessee settles any claim resulting from a loss occurring after assumption of
liability by the Airport but within the sixty (60) day period after checking as
above provided, the Airport shall reimburse Lessee for amounts so paid provided
Lessee shall have advised the Airport in advance of such settlement. Any
settlement of claims after the sixty (60) day period shall require the written
consent of the Director of Aviation.
SSL 87.3
SECTIO,N•7•. CHECKING RIGHTS •
After lockers are installed in any station or terminal covered by this
agreement, the City agrees not to conduct or permit to be conducted parcel
checking in any such installed station or terminal by any means other than by
equipment hereunder furnished during the term of this Agreement, except that it
may conduct its own hand checking facilities.
SECTION 8. RIGHT TO REMOVE EQUIPMENT
Lessee may remove its equipment at any time should the lockers be used for
illegal purpose or should a petition against the Airport be filed in any court
for appointment of a receiver, or should the Airport make any assignment for
benefit of creditors. Upon written notice pursuant to the requirements of any
public authority necessitating the removal of specified lockers from the
premises of the Airport, Lessee shall remove such lockers on a prorated
cancellation fee based on the remaining life of the agreement.
If average usage per locker in any location is less than 30 uses per locker per
month for three (3) consecutive months, Lessee may remove as many of the lockers
as may be necessary to cause usage per locker for remaining lockers to be 30
uses a month.
SECTION 9. TERMINATION
Upon the termination of this agreement for any reason, Lessee agrees to remove
its equipment leaving the premises in good repair and the Airport agrees to
assume all liability which may result from claims for loss or damage to articles
in its possession at the time of actual locker removal, with all revenue
resulting from the storage, release or sale of such articles being retained in
its entirety by the Airport. No liability of the Lessee which arose prior to
said termination or said locker removal shall be diminished in any manner
whatsoever.
SSL 87.4
SECTION 10..,gS,IGNME.r1L
This agreement and all of its rights and obligations shall be binding 'upon and
shall inure to the benefit of the parties hereto, their respective successors,
assigns and legal representatives in interest. This agreement shall not be
transferred except with the approval of the City Council expressed by ordinance.
SECTION 11. CANCELLATION
Upon breach of any covenant of this agreement on the part of either party, if
such breach is not corrected within thirty (30) days after written request so to
do, this agreement may be cancelled after ninety (90) days' written notice
addressed as follows:
To Airport: Corpus Christi International Airport
1000 International Drive
Corpus Christi, Tx. 78410
To Lessee:
SECTION 12. RIGHT OF ENTRY
Lessee shall have the right, without the necessity of legal action, to enter the
premises at all reasonable times, and repossess cash keys in the event the
Airport fails to remit monies when and as same become due under this agreement
and may collect all cash from said lockers until full amount in arrears shall be
paid.
SECTION 13. 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. Lessee shall pay, before they become
SSL 87.5
delinguent, any and all assessments or taxes, including ad valorem taxes which
may be assessed against the City for the use of Airport premises for the
purposes stated in this agreement, however incurred, for sales or use taxes, ad
valorem taxation, or income taxation.
IN WITNESS WHEREOF, this Agreement is executed in duplicate originals this the
day of , 1987.
ATTEST CITY OF CORPUS CHRISTI, TEXAS
BY: BY:
Armando Chapa, City Secretary Craig A. McDowell, City Manager
APPROVED THIS DAY OF , 1987
By Hal George, City Attorney
BY:
Assistant City Attorney
SSL 87.6
LESSEE
AMLOCK, INC.
BY:
ITS:
That the foregoing ordinance wa read for
second reading on this the /At day of
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the foregoing ordinanceas rea
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the
this the
t first im
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
d for the econd ti
third reading on this the day
'�/
of
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
nd passed to its
, 19 ?r/ , by the
and passed to its
19 S7 , by the
alizak
foregoing ordin nc w s ad for th third time and passed finally on
CO day of re, 19 r7 , by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the 9 r day of ate-6-143 , 19x2.
ATTEST:
ity ecretary
APPROVED:
G> 4 DAY OF QG7d4e y
HAL GEORGE, CITY ATTORNEY
By (
, 19f7:
As st nt City Attorney
99.044.01
THE CITY OF CORPUS CHRISTI, TEXAS
20001.
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, }ss: Ad#66367
County of Nueces.
City of C C
• Before me, the undersigned, a Notary Public, this day personally carne
Deanne D Palmer , who being first duly sworn, according to law, says that he is the
Seniox..Arcaunting..Clexk of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PAKA.Cid...QF..4EDIi3ANOi?,.AUTHQftIZING.THE..EXECLITI.R@i..Dk..A..CQNTRACT...WI :H
of which the annexed is a true copy, was published in .Ccs-pus-Christi--Cal1�r---Times
on the.11__._ day of October 19._$7.., and once each. daL.._....__ thereafter for one
consecutive des.
.ane- Times.
g_31.05 aefftiva—
Deanne D Palmer
Subscribed and sworn to before me this.19.th day of Ostobez 19..8.7
Notary Ptllic, Nueces County, Teske
Eugenia S. Cortez 6.30.89
ANY'IflHtGUL'Am Ilt�:
NOTICE OF PASSAGE OF
ORDINANCE *20,001
AUTHORIZING THE EXEC
TION OF Pa CONTRACT WIT
AMLOCK, INC. FOR TH
LACEMENT OF SELF -SE
ICE PARCEL LOCKERS A
HE AIRPORT THE LENGT
�F THE TERM IS FOR FIV
EARS WITH THE CITY T
1'ECEIVE A PERCENTAGE 0
HE GROSS RECEIPTS ON
'•LIDING SCALE FROM 35
0 55% BASED ON MONTH
Y GROSS RECEIPTS FRO
$100 TO $2400
Was passed and approve
on third reading by the Ca
Council of the City of Corpus
Christi, Texas on the 6th day
of October, 1987 and the full
text of said ordinance is avail-
able to the public in the Office
of the City Secretary
/s/ Armando Chapa
City Secretary
Corpus Christi, Texas
r.t
,+
':Y
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, }ss: AD# 64927
County of Nueces. CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
GAIL STONE , who being first duly sworn. according to law, says that he is the
AGCQJ3iTING..GT�ERK. of the Corpus Christi Caller and The Corpus Christi Times,
Dail} Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION OF A CONTRACT WITH
•
• of which the annexed is a true copy, was published in _ CALLER TIMES PUBLISHING COMPANY
✓ on the._..6 ._ day of September 19.._8; and once each day thereafter for one
consecutive day
one Times.
41__... 32.20
GAIL STONE
Subscribed and sworn to before me this b. day of....Seprmber
Notary public, Nueces County, Te
EUGENIA 5. CORTEZ 6.30.89
NOTICE OF PASSAGE OF
ORDINANCE ON
FIRST READING
AUTHORIZING THE EXECU-
TION OFA INCTR FOR WTHE
PLACEMENT
ITFIAMLOCK,
VICE PARCEL LOCKERS AT
THE AIRPORT THE LENGTH
OF THE TERM IS FOR FIVE10
YEARSRECEIVE ATPER PERCENTAGE 0THE CITY 0
ON
SL D NGA
GSCALE RECEIPTSSS SCALE 3519
to 55% BASED ON MONTH-
LY GROSS RECEIPTS FROM
9100 to $2400.
Was passed and approved
on first reading byaCpus
CounGl of the City
of
Chnsb, Texas on the 1st day',
of September, 1987 and the
full text of said ordinance is
available to the public in tho
Office of the/ Atmando Chaps
City Secretary
Corpus Chnsti, Texas
_V
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Iss; AD # 8427
County of Nueces. CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
GAILSTONE , who being first duly sworn. according to law, says that he is the
ACCOUNTING CLERIC of the Corpus Christi Caller and The Corpus Christi Times,
' Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING TfiE..BXEMITID.NQE_A..fQIi.'�AA.CT.AIITH
of which the annexed is a true copy, was published in _C.AGI,F..TIMS..PUBLISHIN.G..GOMP.AN.Y._._.__....__—..
on the..13_._ day oL...Sagtembei 19.57..., and once each.... day._.... _ thereafter for. ..ane _...
consecutive clay
one Times.
__32.20
Gail Stone
Subscribed and sworn to before me this. .1.3. of...September 19....8.7•
of Public, Nueces Conn exas
EUGENIA S. ORTEZ 6.30.89
NOTICE OF PASSAGE OF
ORDINANCE ON
' SECOND READING
AUTHORIZING THE EXECU-
TION OF A CONTRACT WITH
C. FOR THG
P AC MENTMLOCK. N OF SELF-SER-
VICE PARCEL LOCKERS AT
THE AIRPORT. THE LENGTH
OF THE TERM IS FOR FIVE
YEARS' WITH THE CITY TO
RECEIVE A PERCENTAGE OF
THE GROSSRCEIPTS ON A
n SLIDING SCALE FROM 35%
to 56% BASED ON MONTH-
LY GROSS RECEIPTS FROM
$100 TO 52400.
Was passed end approved
secondConcil thedC reeding
of the
Christi, Taxes on the 8th day
of September, 1987 end the
full text of seed ordinance is
t available to the public in the
Office of the Arme do Chepa
City Secretary
Corpus Christi, Texas