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Home My WebLink About20089 ORD - 12/01/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT C9 WITH SMARTE CARTE, \INC. FOR A SELF-SERVICE BAGGAGE CART\ OPERATION AT THE AIRPORT AND PROVIDING FOR PUBLICATION. "' BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:.) SECTION 1. That the City Manager is hereby authorized to.execute a five year lease agreement with Smarte Carte, Inc. for a self-service baggage cart operation at the 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. Publication shall be made in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose and terms of said lease as required by law. r 08P.156.01 20089 AIRPORT LEASE AGREEMENT This agreement made and entered into this day of , 1987, by and between the City of Corpus Christi, hereinafter referred to as "City" and Smarte Carte, 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 a self-service cart system 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 rentals, undertakings and covenants recited herein, the parties hereby covenant and agree as follows: SECTION 1. TERM OF AGREHMENT 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, requested in writing not less than ninety (90) days prior to the expiration to the original term. SECTION 2. OPERATING CLAUSE 1. Within 120 days of execution of this Agreement, Lessee agrees to furnish one (1) cart control unit with ten carts at a location determined by Airport management and Lessee. Electrical power for the cart control unit will be provided by the Airport. SCI 87.1 2. Lessee shall operate, maintain and service the self-service cart system and the Airport shall have no right to title or ownership therein, nor any responsibility to operate, maintain or service the same. Lessee shall provide local management to operate the system at the Airport. As consideration for local management of the services to be provided under this agreement, the City shall pay Lessee the sum of $80.00 on or before the 20th of each month. Failure of the Lessee to provide such local management specified herein shall be grounds for the immediate suspension of monthly payments by the City to Lessee. Payments due Lessee may be offset by Lessee against monthly amounts due the City. 3. "Gross Proceeds" shall mean the sum of every "net rental charge" hereinafter defined as rentals of carts excluding therefrom all sales and other taxes imposed by governmental taxing agencies. "Net rental charge".shall mean the rental charge for each cart less the amount of refund received by the user upon return of the cart to the cart control unit. 4. On or before the twentieth (20th) day of each month, Lessee shall submit to the Airport a true and correct statement of gross proceeds received during the preceding month. Lessee shall pay the Airport a sum equal to five per cent (5%) of said gross proceeds together with said accounting statement. 5. Lessee shall permit the City reasonable access to inspect and audit such books, records, and accounting statements as may be required in the judgement of the City or its auditors, to confirm the gross proceeds as defined herein. 6. .Lessee may not add additional carts or change the location of its cart control'unit without the prior written consent of the Director of Aviation. 7. It is expressly understood that Lessee is an independent contractor, and that,a11' employees of Lessee are not City employees. Lessee shall be solely responsible for the actions or omissions of its employees, agents, or independent contractors in the performance of this Agreement. Lessee,shail not incur debts or obligations on behalf of the City or otherwise pledge the credit of the City. SECTION 3. LIABILITY Lessee agrees to indemnify and hold harmless the City, its agents and its employees against all liability for which the City may be liable resulting from SCI 87.2 the use of said self-service cart system. At the time of installation of the self-service cart system, Lessee shall provide the Airport with a certificate of insurance containing not less than $250,000 public liability coverage for each person, $500,000 for each accident, and property damage coverage of not less than $100,000. The certificate shall provide for 30 days prior written notice to the City of any cancellation, material change, or intent not to renew of such insurance policy or coverage. SECTION 4. 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 to do so, 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, Texas 78410 To Lessee: Smarte Carte, Inc. -- 2480 East County Road F White Bear Lake, NN 55110 In the event any legal action is undertaken by the City to collect the amounts due hereunder, to collect for any damages growing out of breach of this Agreement, or to enforce'the provisions of this Agreement, Lessee shall pay the Citys'ieasonable attorney's fees, interest, and court costs. SECTION 5. LAWS, ORDINANCES AND REGULATIONS Lessee shall comply with all laws, ordinances, regulations and rules of The City and federal, state and county governments which may be applicable to its operation under this agreement. Lessee shall pay, before they become delinquent, 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. SCI 87.3 SECTION 6. ASSIGNMENTS OR TRANSFERS • This Agreement shall not be assigned, subcontracted, transferred, or pledged without the prior written consent of the City. 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 /024:4 DAY OF Oc44er , 1987. By Hal George, City Attorney BY: Assistant City Atto AUTFY)RIZED BY Cutactir— • SECRETARY BY: George D. Hext, Director of Aviation LESSEE: SNARTE CARTE, INC. SCI 87.4 That the foregoing ordinance was read for the first time and passed to its second reading on this the c97 day of O(tDtLLk.) , 19 g% , by the following vote: Betty N. Turner ay, , Clif Moss David Berlanga, Sr. G Bill Pruet Leo Guerrero"� "" Mary Rhodes .. .YL4L Frank Mendez (rik Mary Pat Slavik ".4L, Linda Strong (j.,c,./, That the foregoing ordinance was read for the second time and passed to its third reading on this the ,3 day of for, , 19 gn7 , by the following vote: Betty N. Turner Clif Moss o , David Berlanga, Sr. Bill Pruet ," - "�_____ Leo Guerrero Mary Rhodes p�"`'- Frank Mendez Mary Pat Slavik ___` _____ Linda Strong � That the foregoing ordi ance was read for the third time and passed finally on this the / day of �(��(^Lfn J , 19 87 , by the following vote: Betty N. Turner Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Qom. Mary Rhodes F°'3nk Mc,,&2 T Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the la day of 102.00...yy ak) , 19 87 . ATTEST: y ecretaryejelr'' APPROVED: ,2, J DAY OF OCfh,d rr HAL GEORGE CITY ATTORNEY By , 19.P'? Assistant City torne 99.044.01 AYOR 4 THE CITY OF CORPUS CHRISTI, TEXAS 20089 STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT }Ad#41340 83' City of CC Before me, the undersigned, a Notary Public, this day personally came. _._.___.... Deanne D Palmer �..__ who being first duly sworn, according to law, says that he is the Senior Accounting clerk of the Corpus Christi Caller and The Corpus Christi limes, 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 AUTHORIZING THE EXECUTION OF A FIV__yEAF of which the annexed is a true copy, was published in COEDS MR -NTT CAT.T.F,R—TTMEC on the 1.. day of......._...._Mnuemher.__.19_$7., and once each ...-day ......_._.._..thereafter for_one consecutive day , , . . one Times, *32.20 Subscribed and sworn to before me this 6 Deanne D Palmer a of N.axemher 19 SZ otaryOPublic., Nueces County, T Eugenia S Cortez 6.30.89 NOTICE OF PASSAGE OF"�' ORDINANCE ON d FIRST READING ' UTHORIZING THE EXECU- I I ON OfA FIVE YEAR LEASE 1 GREEMENT WITH SMARTS ARTE, INC, FOR A ELF -SERVICE„ BAGGAGE ART-VPERAT,ON AT THE RPORT, AND PROVIDING R PUBLICATION, The rove - e paid to the airport will be e pargqent of 'the gross re- ipts. The+'contract, is for a m of five years with an op - n for one five-year renewal m. Was passed and approved first reading by the City uncil of the City of Corpus risti, Texas on the 27th day Df October, 1987 and the full �2j it ext of said ordinance is avail- F] tie to the public in the Office r - the City Secretary ii% t' /s/ Armando Chapa t3S ADO W City Secretaryat 0 Corpus Christi, Texas' 61 AON / IP 4 STATE OF TEXAS, County of NuPces. PUBLISHER'S AFFIDAVIT Ad#69362 }ss: City of C C Before me, the undersigned, a Notary Public, this day personally came. Deanne D -Palmer enior Accounting Clerk who being first duly sworn, according to law. says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Dilly 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 THE EXECUTION OF A FIVE YEAR of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the .:.8....... day of fie[ 19....4 and once each day. thereafter for pne consecutive ....day- -one - ,_...-..Times. $....32_2Q - A1+Git R_ h4J 42.0-401-0"/t--/ Deanne D Palmer Subscribed and sworn to before me tbis..._12 _.day I1.oyenheL.. 19.. 87. Notaiy Ptblic, Nueces County, Tex& Eugenia S Cortez A qn on PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OFA FIVE YEAR LEASE AGREEMENT WITH SMARTE CARTE, INC . FOR A SELF SERVICE BAGGAGE CAR OPERATION_ AT THE AIRPORT; AND PROVIDING FOR PUBLICATION. The reve- nue paid to the. airport will be C I f he City C Se five percent of the gross re- ceipts. The contract is for a term of five years with en op- tion for one five-year renewal term. Was passed and approved on second reading by the City Duna o t of Corp us Christi, Texas on the 3rd day of November, 1987 and th full text of said ordinance available to the public m th Office of the City Secretary. /s/ Armando Chap ry crete Corpus Christi, Taxa PUBLISHER'S AFFIDAVIT - State of Texas, ] City of C C County of Nueces 7 ss: Ad # 74264 Y ` Before me, the undersigned, a Notary Public, this day personally came ,Deanne D. Palmer, who being first duly sworn, according to law, says ;that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County ;hand State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugia, San Patricia, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20089 AUTHDRIZING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 6 day of December 1987 , and each day there- after for one consecutive day(s) one Times --�Q $31.0 Senior Accounting Clerk Su sm..' ed - or before me this 8 day of December, 1987 Edn Koster Notary Public, NI. es County, Texas My commission expires on 11.30.88 I NOTICE OF PASSAGE OF r ORDINANCE #20089 f P AUTHORIZING THE EX5'11J- TION OFA FIVE YEAR ' .SE j : AGREEMENT WITH SMARTE f 1 CARTE, INC. FOR A t SELF-SERVICE BAGGAGE ' CART OPERATION AT THEA AIRPORT; AND PROVIDING FOR PUBLICATION. The revs- t nue pald o the eirpdrt will bet five percent of the gross re- i ceipts. The contract is for a 1 • - r, u , term of five years with an op- tion for onefive-year renewal I r ... .. ' 1 �w 1 term. Was passed and approved • bb �OW' ' ` 7-• •i" L on third reading by the City - p t�1 -1 1 Council of the Cay of Corpus 1p qo.41 / � o Ffk Christ, Texas on the 1st day - I . of December, 1987 and the ,, u�� .r �• tug text of said ordinance is ' evadable to the public in the • i Office of the City Secretary.J r 4, /5/ Armando Chaps ; dry Secretary go, 6 8 L9y� L Corpus Chnsti, Texas • 1