HomeMy WebLinkAbout020365 ORD - 07/05/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIRST
NATIONAL BANK OF CORPUS CHRISTI FOR THE OPERATION OF AN
AUTOMATIC TELLER MACHINE AT CORPUS CHRISTI INTERNATIONAL
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
lease agreement with First National Bank of Corpus Christi for the operation of
an automatic teller machine at Corpus Christi International Airport, all as more
fully set forth in the lease 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 as required by the City Charter of the City of Corpus
Christi.
206AG078.ord
20365 MICROFILMED
AIRPORT LEASE AGREEMENT
THIS AGREEMENT made and entered into this day of
1988 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 continuation of service
of an automatic teller machine service is appropriate in the terminal
building of said Airport; and
WHEREAS, Lessee has offered to operate an automatic teller
machine service at said Airport;
NOW, THEREFORE, for and in consideration of the rentals, under-
takings 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.
It is recognized that conditions may change in the Airport making
it necessary and desirable for the benefit of the traveling public to
revise, move, rearrange or reconstruct part or all of the Terminal.
In such event, it is agreed that the City shall have the right to move
the Tenant's premises to another location, provided the substitute
premises are comparable to the premises described herein and provided
further, that any such move for the convenience of the City shall be
at no expense to the tenant. In such event, the Tenant will not be
required to close down in its currently occupied premises until it can
move into the new facility.
SECTION 2 - TERM OF AGREEMENT
A. The term of this Agreement shall be for a period of five (5)
years commencing on , 1988.
B. The Assignee shall have the right of first refusal with
respect to the leasing of space to install and operate a full-service
banking facility at the Airport. In the event the City desires to
lease space for a full-service banking facility, the City shall first
give the Assignee written notice setting forth the rental and all
material terms and conditions of the proposed lease. The Assignee
shall have the right to negotiate for a lease for the bank premises at
a rental rate and upon terms and conditions agreed to between the
parties, subject to prior approval by the City Council. First refusal
right to be exercised by delivery or mailing notice of election to the
City prior to thirty (30) days following receipt of said notice from
the City.
In the event the Assignee shall not elect to lease the bank
premises on the terms proposed by the City, the City may then proceed
to lease the premises to a third party; provided, however, that such
third part lease shall be at a rental and on terms no more favorable
to a third party than those offered to the Assignee in the first
instance.
SECTION 3 - PERCENTAGE FEES AND PAYMENTS
In consideration of the foregoing, lessee agrees to pay to the
City the sum of:
$ 400.00 per month minimum
plus 10% of fees received for transactions
in excess of 3000 per month
Minimum payment is due and payable on or before the 10th day of
each month. Additional payments based on this list shall be forwarded
not later than the 10th day of the month following the month in which
they were accrued, along with a statement of the actual number of
transactions.
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 any proposed changes to
the automatic teller machine, 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.
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 locked 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
-3-
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.
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 written approval
of the City.
SECTION 11 - INSURANCE AND LIABILITY
A. Lessee hereby agrees to indemnify and hold 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 hereby agrees to indemnify and hold 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
-4-
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 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 $300,000.00 for each person and $500,000.00
per occurrence and $100,000.00 for property damage, 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, cancelled or not
renewed without thirty 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 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
available 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 opera-
tions of the facilities specified in the Agreement.
-5-
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 or closure 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 there-
from 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 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:
Armando Chapa
City Secretary
Juan Garza
City Manager
LESSOR
APPROVED AS TO LEGAL FORM THIS APPROVED:
L3 DAY OF m , 1988
Hal George, City Attorney
By: LAr.ua,e
Assistant
leases:bank
/a B On.i.0
ty Attorney
George D. Hext
Director of Aviation
W. T. Archer, Jr.
Vice President, First National. Bank of
LESSEE Corpus Christi
LESSEE
day of , 1988
-7-
That the foregoing ordinance was read for
second reading on this the PJ day of
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
That the foregoing ordinance was
third reading on this the /%
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
That the foregoing
this they -&--day
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
af4tleft,
ordinance was
of
PASSED AND APPROVED,
first time
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
read for he second time
day of
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
andpassed to its
, 19W , by the
Nzeitt
and p sed to its
, 19 "K , by the
read for the third time and passed finally on
, 19 , by the following vote:
ot-4,5
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
this the day of
APPROVED:
3 DAY OF
HAL GEORGE, CITY ATTORNEY
Assistant C y ttor e
99.044.01
, 1983 .
AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
20365
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces ] ss: Ad # 58322
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
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval,Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak,'Refugio,San Patricio, Nueces, and Victoria Counties, and that
the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 12th day of June 1988,and each
day thereafter for one consecutive day(s).
one Times
$ 46.20
Su b d and swor
Eugenia SCortez
Notary Public, Nueces County, Texas
My commission expires on 6.30.89
ifilaagalL)
Senior Accounting Clerk
me this 14th day of June, 1988.
NOTICE OF PASSAGE 0f
&
ROMANCE ON -
Au-m.4000W THE EXE
TION OF A LE
AGREEMENT. WITH F
NAUXIALBANk,OF
PUS CHRISTI FOR
OPERATION OF AN AUT
MATIC TELLER MACHINE
CORPUS „.CHRISTI INTE
TIONAL AIRPORT;
PROVIDING FOR FUBL
TOM the terms of Ifits
agreerrienhshall be for a ,
od of five IP years; and
lesi* agrees to pay to the tlie sum of $40000 per
montn minimum plus 10 010 -
cent of fees received fof
transactions in excess Of
3000 per month.
Was passed and approved
on second reading by the City
Council of the City of Corpti.
Christi, Texas on the 7th
of June, 1988 arid the
text of said ordinance is
able to the public in the
of the City Secretary.
/s/ Armando Chapa
City Sec
Corpus Christi, T
PUBLISHER'S AFFIDAVIT
State of Texas, } City of Corpus Christi
=County of Nueces 3 ss: Ad # 68366
°Before me, the undersigned, a Notary Public, this day personally came
Deann8 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
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refuio, San Patricio, and Victoria Counties, and that
the publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 5th day of June 1988, and each
day thereafter for one consecutive day(s).
one Times
$ 46. r,G Senior Account ng Clerk
to before me this 13th day of June, 1988.
Edna 'Oster
Notary Public, Nu-ces County, Texas
My commission expi •n 11.30.88
AU
TIO
AGR
NATI
PUS
COR
T1
T
od o five (5) years; and
lessee agrees to pay to the
CityAhe sum of $400.00 per
month minimum plus 10 per,,
:cent of feesreceived for
transactions in excessof
3000 per month.
Was passed and approved
on first reading by the City
Council of the CityCorpus
Christi, Texas on thea 1stday,
of May, 1988 and the full text
of said ordinance is :available
to the public in the Office of
the City Secretary.
/s/ Armando Chapa
City Secretary
Corpus Christi, Texas
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces ] ss: Ad # 66801
Befgre 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
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refuio, San Patricio, and Victoria Counties, and that
the publication of "NOTICE OF PASSAGE OF ORDINANCE NO AUTHORIZING"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 10th day of July 1988, and each
day thereafter for zero consecutive day(s).
one Times
$ 44.[' Senior Accounting Clerk
u
,scr Is
d an
tlfore me this 13th day of July, 1988.
Edna Koster
Notary Public, Nueces County, Texas
My commission expires on 11.30.88
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