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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 01A40�m ��|�4Tooin� of�July. 1901Eand ' ¥sAmnidinanne/W *"xwpublic m''