HomeMy WebLinkAbout021172 ORD - 05/28/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN
CONQUEST AIRLINES AND THE CITY OF CORPUS CHRISTI; 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 between Conquest Airlines and the City of
Corpus Christi, for space at Corpus Christi International Airport, all
as more fully set forth in the , 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.
ORD4: 91092
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI INTERNATIONAL AIRPORT
AIRPORT USE AND LEASE AGREEMENT
CONTENTS
ARTICLE
PAGE
1 DEFINITIONS
1.01 Definitions 2
TERM
2.01 Term 6
3 PREMISES
3.01 Leased Premises 7
3.02 Measurement of Space 7
4 PERMITTED USES
4.01 Airfield and Apron 8
4.02 Public Premises 9
4.03 Exclusive Use Premises 70
4.04 Communications Equipment 11
4.05 Employee Parking 11
4.06 Airport Access 11
1.07 Restrictions 21
5 RENTS, FEES, AND CHARGES
5.01 General Commitment 15
5.02 Terminal Rent 15
5.03 Landing Fees 15
5.04 Common Use Charges 15
5.05 Apron Charges 16
5.06 Electricity Charges 16
5.07 Other Charges 16
5.08 Adjustment of Rents, Fees, and
Charges 16
5.09 Activity Report 17
5.10 Payment Provisions 17
5.11 Accounting Records 17
5.12 No Other Rents, Fees, and Charges 18
5.13 Coordination Procedures 18
6 CAPITAL IMPROVEMENTS
6.01 General 19
6.02 Capital Improvements Not Subject
to Review 19
6.03 Capital Improvements Subject to
Review 20
6.04 Grants -In -Aid 21
7 OBLIGATIONS OF AIRLINE
7.01 Maintenance and Operations 22
7.02 Modification to Exclusive Use
Premises 23
7.03 Liens 24
7.04 Payment of Taxes 25
7.05 Payment of Utility Charges 25
7.06 Public Address System 25
7.07 Employees of Airline 25
PAGE
7.08 Civil Rights 25
7.09 Disadvantaged Business Enterprise 26
7.10 Removal of Disabled Aircraft 26
7.11 License Fees and Permits 27
8 OBLIGATIONS OF CITY
8.01 Maintenance and Operations 28
9 DAMAGE OR DESTRUCTION
9.01 Damage or Destruction 29
10 INSURANCE AND INDEMNIFICATION
10.01 Insurance 30
10.02 Indemnification 30
11 TERMINATION AND CANCELLATION
11.01 Cancellation by City 32
11.02 Cancellation by Airline 33
11.03 Surrender and Holding Over 34
12 ASSIGNMENT OR SUBLEASE
12.01 Assignment or Sublease 36
12.02 Accommodation of New Entrants 36
13 GENERAL PROVISIONS
13.01 Compliance with Law 38
13.02 Notices, Consents and Approvals 38
13.03 Federal Requirements 39
13.04 Successors and Assigns Bound by
Covenants 40
13,05 Governing Law 40
13.06 Quiet Enjoyment 40
13.07 Nonliability of City's Agents
and Employees 40
13.08 Incorporation of Required
Provisions 41
13.09 Nonwaiver of Rights 41
13.10 Consent of the Parties 41
13.11 Force Majeure 41
13.12 Agreements with other Airlines 42
13.13 Headings 42
13.14 Incorporation of Exhibits 42
13.15 Entire Agreement 42
13.16 Severability 42
EXHIBITS
A Airport Boundaries (drawing)
B - Airline Premises
C - Airline Premises (drawing)
D - Revenue-producing Area (measurements)
E - Division of O&M Responsibilities
F - Monthly Reporting Forms
G - Example of Calculation of Airline Charges
H - Debt Service Schedule
CITY of CORPUS CHRISTI, TEXAS
AIRPORT USE AND LEASE AGREEMENT
at
CORPUS CHRISTI INTERNATIONAL AIRPORT
This Use and Lease Agreement (hereinafter referred to as
"Agreement"), made and entered into this day
of ,1991, by and between the City of Corpus Christi
Texas (hereinafter referred to as "City"),
and Conqust Airlines Corp. (hereinafter referred to as
"Airline"), a corporation organized and existing under and
by virtue of the laws of the State of , and
registered to do business in the State of Texas.
WITNESSETH:
WHEREAS, City operates an airport known as Corpus Christi
International Airport, located in the City of Corpus
Christi, State of Texas;
WHEREAS, Airline is engaged in the business of air
transportation with respect to persons, property, cargo, and
mail; and
WHEREAS, the parties desire to enter into an agreement and
lease for the use of premises and facilities at the Airport
all as more fully hereinafter set forth;
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, City and Airline
do hereby mutually undertake, promise, and agree, each for
itself and its successors and assigns, as follows:
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ARTICLE I
DEFINITIONS
SECTION 1.01 Definitions
A. In addition to any other words or terms that may be
defined elsewhere herein, the following words and terms used in
the Agreement shall have the following meanings unless some other
meaning is plainly intended:
1. Air Transportation Business means the carriage
by aircraft of persons or property as a common carrier for
compensation or hire, or the carriage of mail, by aircraft,
in commerce, as defined in the Federal Aviation Act of 1958,
as amended.
2. Aircraft Operator means the owner, lessee or
operator of an aircraft whether the aircraft so owned,
leased or chartered is used for private, military, pleasure
or governmental operations, or for airline or non -airline
operations, for scheduled or nonscheduled operations.
"Aircraft Operator" shall not mean the pilot of an aircraft
unless such pilot is also the owner or lessee thereof or a
person to whom such aircraft is chartered.
3. Airfield Area means the land and all facilities,
equipment, and improvements including aprons, aircraft
parking areas, runways, taxiways, and facilities incidental
thereto for the purpose of facilitating the movement of
aircraft.
4. Airport means Corpus Christi International
Airport owned and operated by the City of Corpus Christi,
Texas, as shown in Exhibit "A", including any extensions,
additions, or improvements thereto.
5. Airport/Airline Affairs Committee (sometimes
abbreviated as "AAAC") means a committee composed of a
representative of each Signatory Airline to consult and
coordinate with the City in matters related to the planning,
promotion, development, operation and financing of the
Airport.
6. Annual Budget means the capital and operating
budget for the Department of Aviation's Fund 117 prepared by
the Director, approved by resolution of the City, and
included in the City's annual budget.
7. Apron Area means those paved areas adjacent to
the Terminal Area designated for the exclusive and
nonexclusive parking, loading and unloading of aircraft.
8. Capital Improvement means the whole of any
single item having both a cost to the City to design,
construct, and equip in excess of $100,000 and a useful life
in excess of 3 years.
9. Certificated Weight of an aircraft means its
current maximum allowable gross landing weight, expressed in
1000 pound units, as operated by the Airline and
certificated by Federal Aviation Administration.
10. Common Use means the use of space in common
with other Airlines.
11. Common Use Formula means the formula which
determines the Airline's portion of fees or rental to be
paid for use of a facility, space or service in common with
one or more other airlines unless otherwise agreed. Such
formula shall be: twenty percent (20%) of the total rent
for such space or facility apportioned equally between the
common users and the eighty percent (80%) balance prorated
between the common users in proportion to the Airline's
Enplaned Passengers for the period compared to the total
Enplaned Passengers for the same period of all common users
of such space, facility or service.
12. Cost Center means those areas of the Airport
grouped together for the purposes of accounting for O&M
Expenses and Debt Service, and for calculating Airport
rents, fees, and charges. The Cost Centers named in this
agreement, taken together, comprise the entire Airport, and
include the Terminal Area, the Airfield Area, the Apron
Area, the Parking Area, and the Other Non -aviation Area.
13. Debt Service means, for any Fiscal Year, that
portion of the principal and interest due on the debt
obligations of the City which is payable from the Airport
Fund 117 of the City. A schedule of such principal and
interest payments is attached hereto as Exhibit H.
14. Director means the Director or Acting Director of
Aviation as from time to time appointed by the City Manager
and shall include such person or persons as may from time to
time be authorized in writing by the City Manager or by the
Director to act for him with respect to any or all matters
pertaining to this Agreement.
15. Enplaned Passengers means all local boarding,
interline transfer, and intraline transfer passengers at the
Airport.
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16. Exclusive Use means the use of space
exclusively by an Airline.
17. FAA means the Federal Aviation Administration
of the United States Department of Transportation, or its
successor agency.
18. Fiscal Year means the 12 month period beginning
on August 1 of any year, and ending on July 31 of the next
succeeding year or any other twelve month period adopted by
the City as its fiscal year.
19. Leased Premises means the Exclusive Use,
Preferential Use, and Common Use premises as herein defined.
20. Net Allowable Cost means, for any Cost Center,
for any Fiscal Year or other period for which airline
charges are computed, the total amount of debt service plus
O&M expenses minus revenues minus credits attributable to
airline users of such Cost Center in keeping with the
Calculations presented in Exhibit "G".
21. Operation and Maintenance Expenses (sometimes
abbreviated as "O&M Expenses") means, for any Fiscal Year,
the costs incurred by the City in operating and maintaining
the Airport during such Fiscal Year, either directly or
indirectly, whether similar or dissimilar, which, under
generally accepted accounting principles, are properly
chargeable as expenses to the Airport, including expenses
allocated to the Airport by City in accordance with
practices and procedures of the City in accordance with the
adopted budget, as may be revised by the City and taxes
payable by City which may be lawfully imposed upon the
Airport by entities other than the City.
22. Other Area means the land and all structures
thereon related to aviation use (e.g. cargo facilities) and
to non -aviation use (e.g. commercial and industrial
facilities ) not elsewhere categorized.
23. Parking Area means the land, its landscaping,
and the structures thereof including parking facilities,
roadways and related facilities and equipment, and areas
leased to car rental and ground transportation concessions.
24. Personal Property means the equipment, loading
bridges, inventory, fixtures, furniture, or supplies owned
or leased by and installed or used at Airport in the conduct
of Air Transportation Business which is removable from leased
premises.
25. Preferential Use means the first priority in
using space and/or facilities to accommodate an airline's
scheduled flight operations and those of any airline being
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handled under an approved ground handling agreement by the
airline having Preferential Use rights.
26. Revenue means the total of all income and
revenue from all sources, without limitation except as
herein expressly provided, collected or received by City in
the operation of the Airport, including all rates, charges,
rentals, fees and any other compensation collected or
received by the City in connection with the operation of the
Airport, but specifically excluding (a) nonoperating income
(or receipts) from the sale of assets, insurance claims,
federal, state or local grants-in-aid, (b) amounts derived
by the City for privilege fees for the use of property
adjacent to the Airport frontage road, and (c) amounts
received by the City from agreements in connection with the
lease of FAA Tower facilities to the extent such amounts are
deposited in the FAA Tower Fund in order to pay principal
of, premium, if any, and interest on 1974 Certificates of
Obligation.
27. Revenue Landing means any landing at the
Airport of an aircraft except: (a) an aircraft which takes
off from the Airport and, without making a stop at any other
airport, returns to and lands at the Airport because of
meteorological conditions, mechanical or operating causes,
or any similar emergency or precautionary reason; and (b) an
aircraft which is owned by and used exclusively in the
service of the United States of America or the government of
any state, territory or possession thereof or therein.
23. Rules and Regulations means those lawful and
reasonable rules and regulations promulgated by City for the
orderly use of the Airport by both Signatory Airlines and
other tenants and users of the Airport as the same may be
amended, modified, or supplemented from time to time.
29. Signatory Airline means any company conducting
an Air Transportation Business at the Airport and which
company has executed an Airport Lease and Use Agreement
having terms and provisions substantially like those in this
Agreement or made other contractual agreement(s)
demonstrating a commitment to pay comparable rates, fees,
and charges for comparable facilities at the Airport.
30. Terminal Area means the land and the structures
thereon including the terminal building(s), concourses and
holdroom areas, connecting facilities such as walkways and
moving sidewalks, Federal Inspection Facilities, and
terminal support facilities such as for power, heating, and
refrigeration.
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ARTICLE II
TERM
SECTION 2.01 Term
A. The term of this Agreement shall commence on
March 1, 1991 and continuing until midnight on
December 31, 1993.
ARTICLE III
PREMISES
SECTION 3.01 Leased Premises
A. The City, in consideration of the compensation,
covenants and agreements set forth herein to be kept and
performed by the Airline, does hereby lease to the Airline,
together with the right of ingress and egress, upon the
conditions set forth herein, the use and occupancy of the Leased
Premises described in Exhibit "B".
SECTION 3.02 Measurement of Space
A. It is agreed and understood that all measurements to
determine the area of space leased hereunder, exclusive of space
in the Terminal Apron Area, shall be made from the interior of
external walls and from centerline to centerline of each interior
wall, or, in the absence of such interior wall, the point where
said centerline would be located if such interior wall existed.
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ARTICLE IV
PERMITTED USES
SECTION 4.01 Airfield and Apron
A. Subject to the Rules and Regulations, Airline shall
have the right to conduct an Air Transportation Business at the
Airport, to act as a contract or private carrier, and to perform
all operations and functions as are incidental, necessary or
proper thereto, including the following:
1. The right to land, takeoff, fly and move aircraft
operated by Airline on the Airfield Area;
2 The right to use Apron Area to permit Airline's
employees, agents and contractors to load and unload
persons, property, cargo and mail upon or from aircraft
operated by Airline, (and, if on a temporary basis or if
permitted by a handling agreement approved in writing by the
Director, by another person engaged in an Air Transportation
Business) by such means as may be reasonably necessary or
convenient;
3. The right to use Airline's Aircraft Parking Area
to service aircraft and other equipment operated by Airline
(and, if on a temporary basis, or if permitted by a handling
agreement approved in writing by the Director, by another
person engaged in an Air Transportation Business) with
gasoline, oil greases, lubricants and other fuel or
propellant, and with foods and beverages and other supplies
and materials, by such means as may be reasonably necessary
or proper;
4. The right to repair, condition, maintain, test and
park aircraft and other equipment operated by Airline (and,
if on a temporary basis or if permitted by a handling
agreement approved in writing by the Director, by another
person engaged in an Air Transportation Business) on Apron
Areas; provided, however, such repair, conditioning,
maintenance and testing shall be limited to those activities
commonly considered routine ramp servicing (which term
includes the activities referred to in item 3 above); engine
run -ups are to be conducted only at the site or sites
approved by the Director.
5. The right to park aircraft on Apron Areas
designated from time to time by City as available for common
use;
6.
under its
7.
aircraft,
The right to train personnel in its employ or
direction;
The right to sell, dispose or exchange its
engines, accessories, other equipment or supplies,
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and any articles or goods used by or acquired by Airline in
connection with its conduct of an Air Transportation
Business; provided, however, that Airline shall not sell,
dispose of or exchange any such items to persons other than
its employees or other Aircraft Operators, unless such items
represent surplus items at the time no longer reasonably
necessary in connection with the conduct by Airline of its
Air Transportation Business. Airline shall not sell,
dispose of or exchange new or used gasoline, oil, greases,
lubricants, fuel or other propellants unless disposed of in
a manner meeting all local, state, and federal regulations
for those products requiring disposal due to routine
maintenance.
8. The right to operate and maintain such mobile
communications equipment as may be reasonably necessary or
convenient for its operation;
9. The right to purchase or otherwise obtain and use
services and personal property of any nature (including
aircraft, engines, accessories, gasoline, oil, greases,
lubricants, other fuel or propellant, foods, beverages,
other equipment and supplies and any articles or goods)
reasonably necessary or convenient for its operation from
any supplier of its choice;
10. The right to conduct any operations or activities
other than those enumerated above, reasonably related to the
landing, taking -off, flying, moving, loading, unloading or
ramp servicing of aircraft or the movement of passengers,
which are reasonably necessary or convenient to the conduct
by Airline of an Air Transportation Business; provided,
however, that all such other operations and activities shall
be subject to the prior written approval of the Director.
B. The foregoing shall not be construed to authorize
Airline to conduct any business other than an Air Transportation
Business at the Airport. The rights enumerated above may be
exercised by Airline, alone or in conjunction with any other
Airline party jointly. The rights enumerated in Item 3 above to
service aircraft and other equipment may be exercised only with
respect to aircraft and other equipment operated by persons
engaged in the Air Transportation Business; provided, however,
that Airline may exercise such rights with respect to such
persons other than Airline only to the extent not prohibited by
any agreements to which City is a party.
SECTION 4.02 Public Premises
A. The officers, employees, passengers, and prospective
passengers of Airline and other persons doing business with it
shall have the right to use any space, facilities, and
conveniences provided by City at the Airport for use by aircraft
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passengers and other persons (including waiting rooms, lobbies,
hallways, and corridors, restaurants, observation galleries,
toilets, streets, and highways, and vehicular parking areas), in
each case, however, only in common with others authorized by City
to do so, and only at the times, to the extent, and in the manner
and for the purposes for which they are made available for such
use, and only upon compliance with the terms and conditions upon
which they are made available for such use, and only in
conformity with the Rules and Regulations prescribed by City with
respect to the use thereof.
SECTION 4.03 Exclusive Use Premises
A. Airline shall have the right to use its Exclusive Use
Premises for any and all purposes reasonably necessary,
convenient or incidental to the conduct by Airline of an Air
Transportation Business, including the following purposes:
1. The installation, maintenance, and operation of
customer relations, security, and waiting room facilities
and equipment, reservation offices, administrative offices,
operations offices, lockers, restrooms and related
facilities, baggage, cargo and mail -handling and storage
facilities and equipment;
2. The enplaning and deplaning of passengers, the
handling of reservations, ticketing, billing and manifesting
of passengers, and the handling of baggage, express cargo,
property and mail, by airline employees or by self-service
equipment operated by customers or passengers of Airline;
3. The installation, maintenance, and operation of
radio and other communications equipment and information and
data processing equipment;
4. The operation, by Airline or an independent
contractor, of passenger clubs and lounges;
5. The training of personnel in the employ of or
under the direction of Airline;
6. The maintenance and operation of facilities and
equipment and the carrying on of activities reasonably
necessary or convenient to carry out any or all of the
foregoing.
B. Nothing in this Agreement shall be construed to permit
the use of Airline's Exclusive Use Premises for the sale of air
travel insurance or for public restaurants or merchandising
operations or for the conduct of any business other than
Airline's Air Transportation Business.
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SECTION 4.04 Communications Equipment
A. Airline shall have the right to install, maintain and
operate, at such location or locations at the Airport as may have
the prior written approval of the Director, communications,
meteorological and aerial navigation equipment, information and
data processing equipment, and other similar facilities as may be
reasonably necessary or convenient to the conduct by Airline of
an Air Transportation Business; provided, however, that the
exercise of such right and privilege shall not interfere with
City's operation of the Airport for the benefit of all Aircraft
Operations using the Airport.
B. No equipment requiring an antenna will be installed
without prior written approval of the Director of Aviation.
C. All electrical circuits (high or low voltage) will be
installed enclosed in EMT conduit.
SECTION 4.05 Employee Parking
A. Airline shall have the right to the use of reasonably
adequate vehicle parking facilities for its employees employed at
the Airport. Such Facilities shall be located in an area
designated by the City. City reserves the right to assess
charges to Airline or its employees for such facilities.
SECTION 4.06 Airport Access
A. City hereby grants to Airline, its agents, suppliers,
employees, contractors, passengers, guests, and invitees, the
right of ingress to and egress from the Airport, subject to the
provisions hereof, the Rules and Regulations, all local, state,
and federal laws and regulations, and such restrictions as
Airline may impose with respect to its Exclusive Use Premises.
B. The ingress and egress provided for above shall not be
used, enjoyed, or extended to any person engaging in any activity
or performing any act or furnishing any service for or on behalf
of Airline that Airline is not authorized to engage in or perform
under the provisions hereof unless expressly authorized by the
City.
SECTION 4.07 Restrictions
A. The foregoing rights and privileges of Airline are
subject to the following specific restrictions:
1. Airline shall comply with and shall require its
officers and employees and any other persons over whom it
has control to comply with such rules and regulations
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governing the use of Airport facilities pursuant to this
Agreement as may from time to time be adopted and
promulgated by City including, but not limited to, health,
safety, environmental concerns, sanitation, and good order,
and with such amendments, revisions, or extensions thereof
as may from time to time be adopted and promulgated by City.
2. The City reserves the right (but shall not be
obligated to the Airlines) to maintain and keep in repair
the landing area of the Airport and all facilities of the
Airport, together with the right to direct and control all
activities of the Airline in this regard.
3. City may, from time to time, temporarily or
permanently close down roadways, apron areas, doorways and
any other areas at the Airport for the purpose of
facilitating necessary construction, maintenance or repairs
of facilities at the Airport, so long as reasonable means of
ingress and egress to and from the Terminal Area and the
Airfield Area remain available. City shall consult with
Airline prior to any such closing which would adversely
affect Airline's operations at the Airport unless such
closing is necessitated by circumstances which pose an
immediate threat to the health or safety of persons using
the Airport. Airline hereby releases and discharges City,
its successors and assigns, from any and all claims, demands
or causes of action which Airline may have arising from the
fact that such areas have been closed.
4. City may prohibit the use of the Airfield Area by
any aircraft operated or controlled by Airline which exceeds
the design strength of the paving of the runways and
taxiways, so long as such prohibition also extends to
similar aircraft operated by other Aircraft Operators.
5. Except as otherwise expressly provided herein or
unless otherwise expressly permitted to do so, Airline shall
not install, maintain or operate, or permit the installation,
maintenance or operation in the Terminal Area of any
amusement or vending machines, public pay phones or other
machines operated by coins, tokens or credit cards.
Self -ticketing machines may be installed in Exclusive Use
premises of the Airline.
6. Airline shall not do or authorize to be done
anything which may interfere with the effectiveness or
accessibility of the drainage and sewage system, water
system, communications system, fire protection system, or
any other part of the utility, electrical or other systems
installed or located from time to time at the Airport.
7. Airline shall not do or authorize to be done
anything at the airport (a) which may constitute a hazardous
condition so as to increase the risks normally attendant
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upon operations permitted by this Agreement (b) which will
invalidate or conflict with any insurance policies covering
the Airport. If, by reason of any failure on the part of
Airline to comply with provisions of this subsection, the
cost of any such insurance or extended coverage is at any
time higher than it otherwise would be, then Airline shall
at its option (1) provide an equivalent insurance policy
written by an insurance company qualified to do business in
the State of Texas, or (2) pay City that part of all
premiums paid by City which are charged because of SuCh
violation or failure by Airline.
8. Airline shall coordinate training flights and
other nonscheduled flight activities into and out of Airport
with representatives of the Department of Aviation of City.
If requested by City, Airline shall restrict all such
activities to certain hours so as to not interfere with
scheduled flight activities of other Aircraft Operators
using the Airport.
9. City, by its officers, employees, agents,
representatives, contractors and furnishers of utilities and
other services, shall have the right at all reasonable times
to enter Airline's Exclusive Use premises for the purpose of
inspecting the same, for emergency repairs to utilities
systems, and for the doing of any act which City may be
obligated or have the right to do under this Agreement;
provided, however, that in exercising such rights, City
shall not unreasonably interfere with Airline's use and
occupancy of its Exclusive Use premises.
10. City shall have the right to perform maintenance
and make repairs and replacements in any case where the
Airline is obligated to do so and has failed after
reasonable notice to do so, in which event the Airline shall
reimburse the City for the reasonable cost thereof promptly
upon demand.
11. Airline shall not do or authorize to be done any
alterations to City property or its leased area unless (a)
written approval has been given by the Director in advance
of alteration; (b) all City of Corpus Christi building
permits have been obtained; (c) plans of alterations have
been approved and meet all existing City building and
national electric codes.
12. City shall have the right to establish a licensing
or permit procedure for vehicles requiring access to the
Airport operational areas and to levy directly against
Airline or its suppliers a reasonable regulatory or
administrative charge for issuance of such Airport access
license or permit.
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13. The City reserves the right to assess fees and
charges upon any user of the Airport when such use involves
provision of services for profit.
14. There is hereby reserved to the City, its
successors and assigns, for the use and benefit of the
public, a free and unrestricted right of flight for the
passage of aircraft in the airspace above the surface of the
premises herein conveyed, together with the right to cause
in said airspace such noise as may be inherent in the
operation of aircraft, now known or hereafter used for
navigation of or flight in the air, using said airspace or
landing at, taking off from, or operating on or about the
Airport.
15. This Lease shall become subordinate to provisions
of any existing or future agreement between the City and the
United States of America or any agency thereof relative to
the operation, development or maintenance of the Airport,
the execution of which has been or may be required as a
condition precedent to the expenditure of federal funds for
the development of the Airport.
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ARTICLE V
RENTS, FEES, AND CHARGES
SECTION 5.01 General Commitment
A. For the purpose of fairly allocating the cost of
operating, maintaining, and developing the Airport among
Airlines, various areas of the Airport have been grouped together
for the purpose of accounting for O&M Expenses and Debt Service.
Each area is a Cost Center as defined in Article I. The Net
Allowable Cost of each Cost Center shall be determined in keeping
with the calculations presented in Exhibit "G". A prorate share
of the Net Allowable Cost of each Cost Center shall be charged to
Airline and to each other Airline as part of the Airport rents,
fees, and charges. During a Fiscal Year, the aggregate of the
rents, fees, and charges paid by Airlines together with all other
Revenue of the Airport Fund 117 shall be sufficient to pay the
O&M Expenses and Debt Service of the Airport Fund 117 during such
Fiscal Year.
B. In order to minimize the rents, fees, and charges which
Airline is obligated to pay under this Agreement, City shall
promote and develop non -Airline revenue in a manner consistent
with that of a reasonably prudent airport operator.
SECTION 5.02 Terminal Rent
A. At such times and in such manner as provided in this
Article V, Airline shall pay rentals to the City equal to the
average rental rate per square foot for Exclusive Use Premises
determined in keeping with the calculations presented in Exhibit
"G" attached hereto.
SECTION 5.03 Landing Fees
A. At such times and in such manner as provided in this
Article V, Airline shall pay a landing fee to City for each
Revenue Landing of an aircraft operated by Airline. The Landing
Fee shall be an amount equal to the product of (1) the number of
thousands of pounds of Certificated Weight of the aircraft
involved in Revenue Landing and (2) the landing fee rate
determined in keeping with the calculations presented in Exhibit
"G" attached hereto.
SECTION 5.04 Common Use Charges
A. At such times and in such manner as provided in this
Article V, Airline shall pay common use charges to the City in an
amount equal to Airline's share of the Net Allowable Costs of
Common Use facilities and services as determined by the Common
Use Formula.
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SECTION 5.05 Apron Charges
A. At such times and in such manner as provided in this
Article V, Airline shall pay apron charges to City for
preferential use of each aircraft gate position.
SECTION 5.06 Electricity Charges
A. To the extent that the cost of electricity consumed by
Airline in its Exclusive Leased Premised is not included in the
Net Allowable Cost for the computation of the average rental
rate, Airline shall pay to City for such consumption based on
metered usage.
SECTION 5.07 Other Charges
A. Other charges payable by Airline, in addition to those
specified elsewhere in this Agreement, shall be as follows:
1. Employee Parking Charges: Should Airline elect to
furnish parking for its employees, Airline shall pay to City
in advance on the first day of each month, without demand or
invoicing, charges as are reasonably established by the City
for the use of employee parking areas designated in Section
3.02 herein.
2. Miscellaneous: Charges for miscellaneous items or
activities not specified herein (e.g. badges, extraordinary
electrical usage, etc.) shall be assessed by City and paid
by Airline as reasonably determined by Director.
SECTION 5.08 Adjustment of Rents Fees and Charges
A. Rates for rents, fees, and charges identified in
Exhibit "G" shall be reviewed annually and may be adjusted by the
Director of Aviation as necessary effective upon the first day of
each Fiscal Year; effective upon the first day of January to
reflect the effect of the audited financial statements on the
calculation of rents, fees, and charges; and at any other time
that unaudited monthly Airport financial data indicate that total
rents, fees, and charges payable pursuant to the then current
rate schedules together with all other Revenue of the Airport
will not be sufficient to pay O&M Expenses and Debt Service
during such Fiscal Year.
B. Adjustments to rents, fees, and charges shall apply
without the necessity of formal amendment of this Agreement. A
statement showing the calculation of adjusted rates for rents,
fees, and charges as shown in Exhibit "G" attached hereto shall
be prepared by City and transmitted to Airline. Said statement
shall then be deemed part of this Agreement.
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C. If the rates for all rents, fees, and charges herein
are not adjusted in accordance with the schedule set out in
Section 5.13, then the current rates will continue in effect
until the adjustment is concluded at which time all rents, fees,
and charges herein shall be retroactively adjusted to the date
such adjustment would have been effective had the Section 5.13
schedule been observed.
SECTION 5.09 Activity Report
A. Airline shall furnish to City on or before the tenth
day of each month an accurate report of Airline's operations at
the Airport during the preceding month, setting forth all data
necessary to calculate the fees and charges due under this
Agreement. Said report shall include (1) Airline's total number
of aircraft arrivals for the month by type of aircraft,
Certificated Weight of each aircraft, and the total landed weight
for the month; (2) the total number of enplaning and deplaning
revenue passengers; and (3) the amount of cargo, freight, mail,
and express for such month.
B. If Airline fails to furnish City with the report
required by Section 5.09(A), Airline's landing fee or common use
charges, as provided for hereafter, shall be determined by
assuming that Airline's total landed weight or passenger
enplanements, respectively, for such month were 120% of its total
landed weight or passenger enplanements during the most recent
month for which such data are available for Airline. Any
necessary adjustment in such landing fee or Common Use charges
shall be calculated after an accurate report delivered to City by
Airline for the month in question, and applied as credits or
charges to the appropriate invoices in the next succeeding month.
SECTION 5.10 Payment Provisions
A. Payment of all rentals, fees, and charges shall be due
and payable within ten (10) days after receipt of City's invoice.
Payments thirty (30) days past due shall accrue interest at the
rate of 1 1/2 percent per month.
H. The acceptance by the City of any payment made by the
Airline shall not preclude the City from verifying the accuracy
of such Airline's reports used to calculate and apply rentals,
fees, and charges set forth in this Agreement, or from recovering
any additional payment actually due from this Airline.
SECTION 5.11 Accounting Records
A. As soon as practicable following the execution of this
Agreement, City shall establish, and thereafter maintain,
accounting records that will document the following items for
each of the Cost Centers: (1) O&M Expense and (2) Debt Service.
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B. For purposes of keeping Airline informed as to the
financial performance of the Airport, City shall provide to
Airline its proposed Annual Budget and City's audited financial
statements as well as any supplemental financial data required to
assess the adequacy of rates and charges established under this
Agreement.
SECTION 5.12 No Other Rents Fees and Charges
A. Except as provided elsewhere in this Agreement, or City
Code of Ordinances, or in other agreements entered into by City
and Airline, no further rentals, fees, licenses, service or
operating taxes, tolls, or charges shall be charged against or
collected by City from Airline; its passengers; its shippers and
receivers of freight and express; or its suppliers of material,
contractors or furnishers of services; for the premises,
facilities, rights, licenses, and privileges granted to Airline
in this Agreement; provided that City expressly reserves the
right to assess and collect:
1. Charges or other costs imposed on City by federal
or state statute or any administrative rule of a governing
federal or state agency or any judicially imposed order,
excluding fines, penalties, and judgements to the extent
resulting.
2. A reasonable passenger facility charge, if such
charges are permitted by applicable Federal laws or if
Federal legislation is enacted allowing such fees, provided
that all revenues derived from such fees shall be used
solely for the expansion, improvement, or maintenance and
operation of the Airport, and provided that the means of
collection of the fees shall be as allowed by applicable
Federal laws or legislation.
SECTION 5.13 Coordination Procedures
A. On or before June 1 prior to the beginning of each
Fiscal Year adjustment period, City shall submit to Airline
proposed Annual Budget for the Fiscal year and City's calculation
of proposed Airline landing fees and charges for the Fiscal Year.
B. City shall give due consideration to any written
comments and suggestions of Airline received by July 1 regarding
the proposed Annual Budget and the calculations of the proposed
rentals, fees, and charges for the forthcoming Fiscal Year.
C. City shall adopt an Annual Budget that may include
revisions made as a result of City's discussions with Airline and
as a result of City's budget process. City shall promptly
furnish Airline with a copy of such approved Annual Budget,
together with the calculation of rentals, fees, and charges that
will become effective as of the first day of the Fiscal Year.
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ARTICLE VI
CAPITAL IMPROVEMENTS
SECTION 6.01 General
A. It is contemplated by the parties that from time to
time during the term of this Agreement, the City may undertake
Capital Improvements to the Airport, subject to the provisions of
the Article VI.
B. In conjunction with submission of its Annual Budget,
City shall notify Airline of its proposed Capital Improvements
for the ensuing Fiscal Year and its estimates of the affect of
such Capital Improvements on the rates, fees, and charges paid by
airlines collectively. City further reserves the right to notify
Airline at any other time of proposed Capital Improvements
subject to AAAC review procedures as set forth in this Article
VI.
C. In the event that any Capital Improvement proposed by
City is subject to AAAC review procedures pursuant to this
Article VI, City agrees, at the written request of the Chairman
of the AAAC, to meet collectively with the Signatory Airlines
within 30 days after notification to Airline of said Capital
Improvement to further discuss it. City agrees to consider the
comments and recommendations of the AAAC with respect to said
Capital Improvement.
D. City shall have the right at any time to proceed with
Capital Improvements permitted pursuant to Section 6.02 and with
other Capital Improvements subject to the limitations of Section
6.03.
SECTION 6.02 Capital Improvements Not Subject to Review
A. Provided that notice required by paragraph 6.01(B) has
been given to Airline, City may make or authorize to be made
expenditures for the following types of Capital Improvements
without AAAC review.
1. Capital Improvements required to ensure compliance
with any lawfully promulgated rule, regulation, or order of
any federal, state, or other governmental agency other than
City which has jurisdiction over the operation of the
Airport.
2. Capital Improvements required to repair casualty
damage to Airport property to the extent not covered by
insurance or otherwise reimbursed.
3. Capital Improvements to be funded with proceeds
from the sale of bonds on which the associated debt service
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will not be included in Net Allowable Costs for computing
Airline rates, fees, and charges.
4. Capital Improvements necessary to settle claims,
satisfy judgments, or comply with orders against City by
reason of its ownership, operation, maintenance, or use of
the Airport.
5. Capital Improvements of an emergency nature which,
if not made, would result in the closing of the Airport
within forty-eight (48) hours.
6. Capital Improvement(s), the capital and operating
costs of which, if included in Net Allowable Costs for
computing annual rates, fees, and charges, would not cause
an increase of more than 10 percent in the annual rates,
fees, and charges paid by airlines collectively in any
Fiscal Year.
SECTION 6.03 Capital Improvements Subject to Review
A. Signatory Airline(s) representing at least 51 percent
of the number of Airlines serving the Airport shall have the
right to approve or disapprove a particular Capital Improvement
not excluded under Section 6.02. Any approval or disapproval of
a Capital Improvement must be in writing, and submitted to City
within 90 days following a meeting requested pursuant to
Paragraph 6.01(c) to discuss said Capital Improvement, or in the
event no such meeting is requested, within 90 days following
initial notification by City to Airline of said proposed Capital
Improvement.
B. Notwithstanding the above:
1. Signatory Airline(s) representing at least 51
percent of the number of Airlines serving the Airport may at
any time rescind disapproval of a particular Capital
Improvement by notifying the City in writing to such affect.
2. If, within either (1) 90 days following a meeting
requested pursuant to Paragraph 6.01(C) or (2) in the event
no such meeting is requested, 90 days following initial
notification by City to Airline of proposed Capital
Improvement(s), the City is not in receipt of a written
notice of disapproval of such Capital Improvement(s), then
such Capital Improvement(s) may be considered as not
disapproved and the City may commence its undertaking and
incorporate the costs thereof into the Net Allowable Costs
for computing airline rates, fees, and charges.
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SECTION 6.04 Grants -In -Aid
A. City will use its best efforts to obtain maximum
airport development Grants -In -Aid.
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ARTICLE VII
OBLIGATIONS OF AIRLINE
SECTION 7.01 Maintenance and Operations
A. Airline shall, in accordance with Exhibit "E" attached
hereto, be responsible for and shall perform or cause to be
performed, maintenance, including custodial maintenance, and
repair of its Exclusive Use premises, and shall clean and keep
clear of debris Airline's Apron Areas. Airline shall, at all
times:
1. Keep all fixtures, equipment and personal property
in a clean and orderly condition and appearance;
2. Maintain the same in good condition (reasonable
wear and tear excepted) and perform all ordinary repairs and
inside painting, such repairs and painting by Airline to be
of a quality and class not inferior to the original material
and workmanship;
3. Control all of its vehicular traffic in the
Airport, take all precautions reasonably necessary to
promote the safety of its passengers, customers, business
visitors and other persons, and employ such means as may be
necessary to direct the movements of its vehicular traffic;
and
4. Either directly or through an independent
contractor (either of which shall obtain City permits, the
issuance of which shall not be unreasonably withheld)
dispose of its garbage, debris and other waste materials.
B. If the performance of any of the foregoing maintenance,
repair, replacement or painting obligations of Airline requires
work to be performed near an active taxiway or runway or where
safety of Airport operations might be involved, Airline shall
post guards or erect barriers or other safeguards, approved by
the Director, at such locations.
C. Airline is responsible for maintaining electric loads
within the designed capacity of the system. Prior to any change
desired by Airline in the electrical loading which would exceed
such capacity, written consent shall be obtained from the
Director.
D. Airline shall provide and maintain hand fire
extinguishers for the interior of all non-public areas in
accordance with applicable safety codes.
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E. Airline shall repair, at its cost, or at Airline's
option reimburse City for the cost of repairing, replacing, or
rebuilding any damages to Terminal Area caused by the acts or
omissions of Airline or its officers or employees or agents. Any
repairs made by Airline shall be subject to inspection and
approval by City.
F. Airline shall repair, at its cost, or at Airline's
option reimburse City for the cost of repairing, replacing, or
rebuilding any damages to its Exclusive Use Premises that are not
specifically caused by the acts of omissions of City or its
officers or employees or agents. Any repairs made by Airline
shall be subject to inspection and approval by City.
G. Airline shall not erect, maintain or display on the
Leased Premised any billboards, banners, advertising, promotions
signs or materials without the prior written approval of City.
Airline shall keep its ticket counter free of all printed
material except required regulatory signs or conditions of travel
and advertising displays. Airline authorizes City to remove any
unauthorized material or displays which are placed in Leased
Premises.
H. Airline shall remove to the extent reasonably
practicable all of the accumulation of oil and grease caused by
Airline's aircraft while operating on the Apron Area.
I. Airline shall maintain the assigned premises in a safe,
neat, and attractive condition at all times, and shall pick up
and place all trash and debris in bags and shall move such debris
to an enclosed trash room until disposed of in a manner
acceptable to City.
SECTION 7.02 Modification to Exclusive Use Premises
A. Airline may, from time to time, install additional
facilities and improvements and modify or expand existing
facilities or improvements in its Exclusive Use Premises. Before
entering into any contract for such work, Airline shall first
submit to the Director for his prior written approval a
construction application together with complete plans and
specifications of the proposed work. If requested by the City,
Airline shall require the contractor to furnish a performance
bond and payment bond, approved as to form and substance by the
Director. The approval of the construction application and plans
and specifications shall not be unreasonably withheld.
B. Any construction shall be at the sole risk of Airline
and shall be in accordance with all applicable State and local
codes and laws and subject to inspection by the City.
C. Airline shall, and shall include in all construction
contracts a provision requiring the contractor to indemnify, hold
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harmless and defend City, its officers, agents and employees
against losses (except to the extent such losses are caused by
City's negligence), occasioned by death, injury to persons or
damage to property, arising out of, or in connection with, the
performance of construction work, against the risk of loss or
damage to the construction prior to the completion thereof, and
against losses resulting from claims and demands by third persons
arising out of the performance of the construction work; and
Airline shall provide, or shall require the contractor to
provide, liability insurance covering the foregoing. Airline
shall also include in any construction contract such provisions
as may reasonably be required by the Director relating to the
operation of the contractor at the Airport.
D. All work performed by Airline or its contractor,
including all workmanship and materials, shall be of acceptable
quality and shall be performed in accordance with the plans and
specifications approved by the City. Such work may be inspected
by the Director, or his authorized representative, at any time.
E. Airline shall deliver to the Director "as built"
drawings of the work performed by it and shall keep such drawings
current showing any changes or modifications made on or to its
Exclusive Use Premises.
F. Airline shall discharge when due all obligations to
contractors, subcontractors, materialmen, workmen and others for
all work performed and for materials furnished for or on account
of Airline.
G. Upon completion of or installation of any permanent
addition or leasehold improvement, excluding Personal Property as
defined in Article 1, on the Leased Premises, such permanent
addition or leasehold improvement shall immediately become the
property of City, as owner, subject only to the right of Airline
to use same during the term of this Agreement and shall remain
the property of City thereafter with the sole right, title and
interest thereto unless otherwise specified in City's approval of
the improvement.
SECTION 7.03 Liens
A. Airline shall cause to be removed promptly any and all
liens of any nature arising out of or because of any construction
performed by Airline or any of its contractors or subcontractors
upon Terminal Area premised or arising out of or because of the
performance of any work or labor by or for it or them at said
premises, reserving the right to contest in court the validity of
any such liens. Airline shall have the right to post an
appropriate bond to cover its obligations pursuant to this
paragraph.
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In the event any person or corporation shall attempt to
assert a mechanic's lien against the Leased Premises for
improvements made by Airline, Airline shall hold City harmless
from such claim, including the cost of defense.
SECTION 7.04 Payment of Taxes
A. Airline shall pay all lawful taxes, assessments, or
charges which during the term of this Agreement may become a lien
or be levied upon any interest in Airline's Terminal Area
premises or any possessory right which Airline might have in or
to said premises or any improvements thereof, by reason of its
use or occupation thereof or otherwise, reserving to Airline,
however, the right to contest, by administrative proceeding,
court or otherwise the validity or applicability of any such tax,
assessment, or charge. City shall provide such information as
requested by Airline as may be required by such proceeding. Such
payment shall not be considered part of Airport Revenue.
SECTION 7.05 Payment of Utility Charges
A. Airline shall pay promptly for all utilities and
utility services used by Airline at or in Airline's Terminal Area
premises in excess of those utility services specifically
provided by City.
SECTION 7.06 Public Address System
A. Airline agrees that the use of City's public address
system will be in accordance with City's written public address
system policy. Airline shall not install, cause to be installed,
or use any other public address system at the Terminal Area
without the prior approval of City.
SECTION 7.07 Employees of Airline
A. Airline shall require all of its employees,
subcontractors, or independent contractors hired by Airline
working in view of the public and about the Terminal Area to wear
clean and neat attire and appropriate identification.
SECTION 7.08 Civil Rights
A. Airline assures that it will undertake an Affirmative
Action Program as required by a consent decree or Title 14, Code
of Federal Regulations, Federal Aviation Administration, Part
152, Subpart E, to ensure that no person shall, on the grounds of
race, creed, color, national origin, or sex, be excluded from
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participating in any employment activities in 14 CFR, Part 152,
Subpart E. Airline shall assure that no person shall be excluded
on these grounds from participating in, or receiving the
services, or benefits, of any program or activity covered by this
Subpart.
Airline assures that it will require that covered
organizations provide assurance to Airline that they will
undertake Affirmative Action Programs, and that they will require
assurance from their suborganization, as required by 14 CFR, Part
152, Subpart E, to the same effect.
In the event of Airline's breach of any of the
foregoing covenants, City shall have the right to terminate this
Agreement after service of written notice upon Airline in
accordance with Section 14.01(10); and to re-enter and repossess
premises, and hold the same as if Agreement had never been made
or issued.
SECTION 7.09 Disadvantage Business Enterprise
A. The Airlines will abide by applicable Department of
Transportation requirements concerning the Disadvantaged Business
Enterprise Program.
SECTION 7.10 Removal of Disabled Aircraft
A. Airline shall promptly remove any of its disabled
aircraft from any part of the Airport (including, without
limitation, runways, taxiways, aprons, and gate positions) and
place any such disabled aircraft in such storage areas as may be
designated by City. Airline may store such disabled aircraft
only for such length of time and on such terms and conditions as
may be established by City. If Airline fails to remove any of
its disabled aircraft promptly, City may, after notification to
Airline, but shall not be obligated to, cause the removal of such
disabled aircraft, provided, however, the obligation to remove or
store such disabled aircraft shall not be inconsistent with
federal laws and regulations and Airline agrees to reimburse City
for all costs of such removal, and Airline further hereby
releases City from any and all claims for damage to the disabled
aircraft or otherwise arising from or in any way connected with
such removal by City.
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SECTION 7.11 License Fees and Permits
A. Airline shall obtain and pay for all licenses, permits,
fees or other authorization or charges as required under federal,
state or local laws, and regulations insofar as they are
necessary to comply with the requirements of this Agreement and
the privileges extended hereunder.
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ARTICLE VIII
OBLIGATIONS OF CITY
SECTION 8.01 Maintenance and Operations
A. City shall, in accordance with Exhibit "E" attached
hereto, operate, maintain and keep in good repair, and expend
such amounts for O&M Expenses as shall be reasonable and
necessary therefore, all of the areas and facilities of the
Airport, except as specifically excepted by Section 7.01.
B. City shall operate and maintain the Airport in a
reasonably prudent manner and in accordance with the rules,
regulations and orders of any Federal or State agency having
jurisdiction with respect thereto.
C. City shall supply lighting for the Airport, including
adequate landing lights, floodlights, beacons and other field
lighting.
D. City shall use its best efforts to keep the Airport
open and in operation for landings and takeoffs of aircraft of
any type designed to use facilities similar to those at the
Airport. In such regard, City shall employ or cause to be
employed construction, reconstruction and repair techniques
(including supervision and construction management) which will
minimize Airport operational delays or disruption reasonably
expected to result from such construction, reconstruction or
repair. Except as otherwise provided in Section 15.01, City
shall take all actions necessary to keep the Airport clear of
snow, ice, debris, vegetation and other foreign matter.
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ARTICLE IX
DAMAGE OR DESTRUCTION
SECTION 9.01 Damage or Destruction
A. If by reason of any cause the Terminal Area premises
are damaged to such an extent that the Terminal Area premises are
untenantable in whole or in substantial part, then in that event:
1. If the repairs and rebuilding necessary to restore
the Terminal Area to its condition prior to the occurrence
of the damage can in the reasonable judgement of the City be
completed within 90 days from the date on which the damage
occurred, the City shall notify the Airline in writing and
shall proceed promptly with such repairs and rebuilding, and
in such event the rental for the Terminal Area for which
provision is made in Section 5.01 hereof shall be abated
prorate for the period from the date of the occurrence of
such damage to the date upon which such repairs and
rebuilding are completed.
2. If such repairs and rebuilding cannot, in the
reasonable judgement of the City, be completed within 90
days, the City, at its option, to be evidenced by notice in
writing to the Airline, may either (1) proceed promptly with
said repairs and rebuilding, in which event the said rental
shall be abated as aforesaid, or (2) terminate the letting
of the Terminal Area, in which event the said rent therefore
for which provision is made in Section 5.01 hereof shall be
abated from and after the date of the occurrence of the
damage.
3. In the event of such damage to the Terminal Area,
the City will make its best efforts to provide substitute
facilities, or space which the Airline may occupy, and such
substitute facilities or space will be made available to the
Airline in accordance with the schedule of rentals, fees,
and charges for the use of Airport as then established by
the City. Airline will be under no obligation to accept
such substitute facilities, in which case City will be under
no obligation to provide said substitute facilities.
B. The obligations contained hereinabove shall not be
construed to impose upon the City any obligations with respect to
Airline's personal property or leasehold improvements installed
by the Airlines.
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ARTICLE X
INSJJRANCE AND INDEMNIFICATION
SECTION 10.01 Insurance
A. Airline shall purchase and maintain comprehensive
public liability insurance for claims for property damage, bodily
injury, or death allegedly resulting from Airline's activities
into, on, and leaving the Airport in an amount not less than ten
million dollars ($10,000,000) per occurrence. Said policy shall
name the City as an additional insured, to the extent of the
contractual liability assumed by Airline under this Agreement,
and shall include a 30 -day written cancellation notice provision
to the City.
B. Certificates of required coverages shall be delivered
to City.
C. All certificates of insurance required herein shall be
in a form approved by the City Attorney and with a company or
companies authorized to do business in the State of Texas. Each
policy shall provide that such policy may not be materially
changed, altered, or cancelled by the insurer during its term
without first giving at least 30 days' written notice to City.
D. At least 30 days before the expiration of any
then -current policy of insurance, Airline shall deliver to City
evidence showing that such insurance coverage has been renewed.
Within 10 days after the date of written notice from the insurer
of cancellation or reduction in coverage, airline shall deliver
to City a policy or certificate reinstating or otherwise
providing the required insurance.
E. If at any time Airline shall fail to obtain or maintain
in force the insurance required herein, City may, on written
notice to Airline, cancel this Agreement. If Airline has not
delivered evidence of insurance to City at least 30 days before
the date on which the current insurance expires, City may notify
Airline, in writing, of its intention to cancel this Agreement
and may cancel the Agreement effective as of the date of
expiration of said policy if evidence of such insurance is not
provided to City by Airline on or before the date of expiration.
SECTION 10.02 Indemnification
A. Airline agrees to indemnify and hold City harmless from
and against all liability for injuries or death to persons or
damage to property caused by Airline's negligent use or occupancy
of the demised premises; provided that Airline shall not be
liable for any injury, death, damage or loss to the extent that
such injury, damage, or loss is caused by negligence of City, its
agents or employees; and provided further that City shall give
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Airline prompt and timely notice of any claim made or suit
instituted which in any way directly or indirectly, contingently
or otherwise, affects or might affect Airline, and Airline shall
have the right to compromise and defend the same to the extent of
its own interest.
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ARTICLE XI
TERMINATION AND CANCELLATION
SECTION 11.01 Cancellation by City
A. The City, at its option, may declare this Agreement
terminated in its entirety upon the happening of any one or more
of the following events and may exercise all rights of entry and
re-entry upon the Terminal Area:
1. If the rentals, fees, charges or other money
payments which the Airline herein agrees to pay, or any part
thereof, shall he unpaid on the date the same shall become
due.
2. If the Airline shall file a voluntary petition in
bankruptcy, or make a general assignment for the benefit of
creditors, or if the Airline is adjudicated bankrupt.
3. If any act occurs which operates to deprive the
Airline permanently of the rights, power and privileges
necessary for the proper conduct and operation of its
business.
4. If, for a period of 365 consecutive days, the
Airline either (1) abandons or ceases to use the Terminal
Area in the conduct of its Air Transportation Business,
except when such abandonment and cessation is due to fire,
earthquake, strike, governmentalaction, default of the
City, or other cause beyond its control, or. (2) ceases to
perform regularly scheduled Revenue Landings at the Airport,
and if the Leased Premises have not been assigned or sublet
pursuant to Article XII.
5. If the Airline shall use or permit the use of the
Terminal Area at any time for any purpose for which the use
thereof at the time is not authorized by this Agreement or
by a subsequent written agreement between the parties or
shall use or permit the use thereof in violation of any law,
rule or regulation to which the Airline has agreed in the
Agreement to conform.
6. If the Airline shall be in violation of any
provisions of this Agreement with respect to the maintenance
of the Terminal Area and Airfield Area.
7. If the Airline shall be in violation of any
provision of this Agreement with respect to the subletting
of the Terminal Area.
B. In the event of cancellation by the City upon the
happening of the event described in Section 11.01(A)(4), the City
will use its best efforts to convince any subsequent airline
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tenant to engage in negotiation with Airline to reimburse Airline
for its unamortized investment in what had been Airline's
Exclusive Use Leased Premises.
C. No delay or omission in exercising any right or power
accruing to the City upon any default shall impair any such right
or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as
often as may be deemed expedient.
SECTION 11.02 Cancellation by Airline
A. The Airline, at its option, may declare this Agreement
terminated in its entirety upon the happening of any one or more
of the following events:
1. If by reason of any action or non -action of any
Federal or other governmental agency having jurisdiction to
authorize the Airline to operate aircraft in or out of the
Airport (including action in the nature of alteration,
amendment, modification, suspense, cancellation or
revocation of any such certificate, permit or document), the
Airline shall cease to have City to operate aircraft in or
out of the Airport pursuant to such a certificate or
document, provided that either (a) such governmental action
or non -action was not requested by the Airline, or in the
alternate, (b) the Airline gave the City reasonable advance
notice that such governmental action or non -action was being
requested or might occur.
2. If by Congressional or Legislative action of the
United States the Airline is deprived of such certificate or
similar document.
3. If a court of competent jurisdiction issues an
injunction against the City or any successor body to the
City preventing or restraining the use of its Airport for
airport purposes in its entirety, or the use of any part
thereof which may be used by the Airline and which is
substantially necessary to the Airline for its operations,
and if such injunction remains in force for a period of
ninety (90) days or more.
4. If the Terminal Area becomes untenantable in whole
or substantial part; and the City does not terminate the
letting thereof, pursuant to an option reserved to it in
this Agreement, and does not proceed as promptly as
reasonably practicable with the repairs and rebuilding
necessary to restore the Terminal Area to its condition
prior to the occurrence of the damage.
-33-
5. If the City fails to provide and maintain means
for unobstructed ingress and egress to and from the Terminal
Area in accordance with the provisions of this Agreement.
6. If by reason of any willful act, willful omission
wrongfully done or wrongfully omitted to be done in
violation of this Agreement, the City shall substantially
interfere with the use by the Airline of the Terminal Area
and Airfield Area for the purposes for which the use thereof
at that time is authorized by the Agreement.
7. If the City shall be in violation of any provision
of this Agreement with respect to maintenance of the
Terminal Area and Airfield Area.
8. If, for a period of 365 consecutive days, the
Airline either (1) abandons or ceases to use the Terminal
Area in the conduct of its Air Transportation Business,
except when such abandonment and cessation is due to fire,
earthquake, strike, governmental action, default of the
City, or other cause beyond its control, or (2) ceases to
perform regularly scheduled Revenue Landings at the Airport,
and if the Leased Premises have not been assigned or sublet
pursuant to Article XII.
B. Notwithstanding, anything to the contrary in this
Agreement contained, no termination declared by either party
shall be effective unless and until no less than thirty (30) days
have elapsed after written notice to the other specifying the
date upon which such termination shall take effect and the cause
for which it is being terminated (and if such termination is by
reason of a default under this Agreement for which termination is
authorized, specifying such default with reasonable certitude)
and no such termination shall be effective if such cause shall
have been cured or obviated during such 30 -day period, or in
event such cause is a default under this Agreement and if, by its
nature, such default cannot be cured within such 30 -day period,
such termination shall not be effective if the defaulting party
commences to correct such default within said thirty (30) days
and corrects the same as promptly as reasonably practicable,
provided that the thirty (30) day period specified in this
subparagraph shall not apply to termination declared for failures
of the Airline to make money payments hereunder, for which
termination may be declared by the City upon fifteen (15) days
written notice; however, if payment is made within said period of
fifteen (15) days said notice shall be of no force and effect.
SECTION 11.03 Surrender and Holding Over
A. The Airline covenants that at the expiration of the
period for which any of the Terminal Area is leased to it, or at
the earlier termination of the letting thereof, it will quit and
surrender such premises in good state and condition, reasonable
-34-
Terminal Area, or to the said Airline.
C. In the event Airline shall continue to occupy the
Leased Premises beyond the term of this Agreement or any
extension thereof without City's written renewal thereof, such
holding over shall not constitute a renewal or extension of this
Agreement, but shall create, upon the same terms and conditions,
a tenancy from month to month which may be terminated at any time
by City or Airline by giving thirty (30) days written notice to
the other party.
D. Airline further agrees that upon the expiration of the
term of this Agreement or sooner cancellation thereof, the Leased
Premises will be delivered to City in good condition, reasonable
wear and tear and matters covered by Airline's insurance
excepted.
-35-
ARTICLE XII
ASSIGNMENT OR SUBLEASE
SECTION 12.01 Assignment or Sublease
A. Airline shall not at any time assign, transfer, convey,
sublet, mortgage, pledge, or encumber its interest under this
Agreement, or any part of the Leased Premises, to any party
without the prior written approval of the City, except with
respect to any company with which Airline may merge or
consolidate, or which may acquire substantially all of the
Airline's assets.
No assignment, transfer, conveyance, or sublease by
Airline shall relieve Airline of its responsibility for payment
of rent and performance of all other obligations provided in this
agreement, without specific written consent by the City to such
relief.
SECTION 12.02 Accommodation of New Entrants
A. It is the objective of the City to offer all Airlines
desiring to serve the Airport, access to the Airport and to
provide adequate space in the Terminal Area and Airfield Area.
City hereby states its intent to pursue the objective
of achieving an optimum balance in the overall utilization of the
Airport, to be achieved, if necessary, through sharing, from time
to time of Airport facilities.
1. The parties hereto agree that every reasonable
effort will be made to accommodate any other incoming
or incumbent Airline, such carrier to be referred to
hereinafter as "Requesting Airline". The parties agree
that the City will make every effort to accommodate
such Requesting Airline through direct lease of
premises between the City and Requesting Airline. In
the event no premises which will accommodate the
Requesting Airline are available for lease from the
City, the parties hereto recognize that it may become
necessary to share the use of the Premises demised
herein with other air carriers so as to reasonably
accommodate new and/or additional air transportation
service at the Airport, and to afford Requesting
Airline the opportunity to share use of Airline's
demised Premises (including but not limited to,
passenger hold rooms, loading bridges, ticket counter,
bag make-up areas and aircraft parking positions). In
determining whether the use by Requesting Airline is
reasonable and possible, City in consultation with the
-36-
Airline will consider the compatibility of the proposed
operations of those with whom Airline has sublease or
handling agreements, Airline's existing and published
future flight schedules, the need for labor harmony,
and the availability of other premises at the
Airport. Should Requesting Airline's requirements not
be reasonably accommodated by other Signatory Airlines
the Director of Aviation, acting on behalf of the City,
shall convene a meeting of all Signatory Airlines at
the Airport (including Airline) in an effort to
reasonably accommodate the Requesting Airline.
In the event such efforts as outlined above fail to
provide reasonable accommodations and facilities for
the Requesting Airline, the provisions in paragraph
12.02 (8) with regard to Exclusive Use Space and
Preferential Use Space will be enacted by the Director
of Aviation on behalf of the City.
2. Nothing contained in this Agreement nor the rights
conferred herein relative to common use areas and facilities
shall prevent or prohibit the entering into of inter -airline
agreements between Airline and other Signatory Airlines
authorized to operate into and out of the Airport; provided,
however, that any agreements between Airline and another air
carrier providing for joint use of the Common Use areas or
facilities in the passenger terminal areas used by Airline
in connection with its occupation and use of the Leased
Premises shall be approved in writing by the City.
B. Exclusive Use Space - The City reserves the right to
provide Exclusive Use Space as defined herein, to the Requesting
Airline; such accommodation(s) to be provided by remodeling
and/or new construction. Such decision shall be made after
consultation with tenant Signatory Airlines (including Airline)
currently serving the Airport.
1. Remodeling will be treated as a tenant improvement
and sole cost will be borne by Requesting Airline and
the rent per square foot per annum will be assessed at
the same rate as that paid for similar space under
lease by other Signatory Airlines at the Airport. If,
as a result of such remodeling, the square footage of
the public areas is reduced, such reduction will be
reflected in the base rate paid by all Signatory
Airlines at the Airport.
2. In the event of new construction, costs involving
additions or building modifications (including
financing cost, if appropriate) will be allocated
according to the provisions of Article V. Requesting
Airline will pay rents, fees and charges established
pursuant to Article V. Any increased public areas
created as a result of such construction will be
treated in the manner established by Article V.
-37-
ARTICLE XIII
GENERAL PROVISIONS
SECTION 13.01 Compliance With Law
A. Airline shall not use its Leased Premises or any part
thereof, or knowingly permit the same to be used by any of its
employees, officers, agents, subtenants, invitees, or licensees
for any illegal purposes and shall, at all times during the term
of this Agreement, comply with all applicable and lawful
regulations, ordinances, and laws of any city, county, or state
government or of the U.S. Government, and of any political
division or subdivision or agency, authority, or commission
thereof that may have jurisdiction to pass laws or ordinances or
to make and enforce rules or regulations with respect to the uses
hereunder or the Leased Premises.
B. At all times during the term of this Agreement, Airline
shall in connection with its activities and operations at the
Airport: comply with and conform to all applicable and lawful
present and future statutes and ordinances, and regulations
promulgated thereunder, of all Federal, State, and other
government bodies of competent jurisdiction that apply to or
affect, either directly or indirectly, Airline or Airline's
operations and activities under this Agreement.
SECTION 13.02 Notices, Consents and Approvals
A. All notices, consents and approvals required or
authorized by this Agreement to be given by or on behalf of
either party to the other, shall be in writing and signed by a
duly designated representative of the party by or on whose behalf
they are given.
Until further notice to the Airline, the City hereby
designates Director as its representative to sign such notices,
consents and approvals on its behalf, and until further notice to
the City, the Airline hereby designates its Director - Station
Operations as its authorized representative to sign such notices,
consents and approvals on its behalf.
Notices to the City shall be addressed to it and
delivered at the following office:
Director of Aviation
City of Corpus Christi International Airport
Department of Aviation
1000 International Drive
Corpus Christi, Texas 78406
Notices required herein may be given either by hand or by
certified or registered mail, postage prepaid, or at such other
-38-
office in the continental United States as the City hereafter may
designate by notice to the Airline in writing.
Notices to Airline shall be deemed sufficient if in writing
and given either by hand or by registered or certified mail,
postage prepaid, addressed to Airline at the following address:
Conquest Airlines Corp.
2215 Redwood Avenue
Austin, Texas 78723
SECTION 13.03 Federal Requirements
A. The Airline for itself, its heirs, personal
representatives, successors in interest, and assigns, as a part
of the consideration hereof, does hereby covenant and agree that
in the event facilities are constructed, and maintained, or
otherwise operated on the said property described in this
Agreement for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving
the provision of similar services or benefits, the Airline shall
maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be
amended.
B. The Airline for itself, its personal representatives,
successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that: (1) no
person on the grounds of race, color, or national origin shall be
excluded from participation in denied the benefits of, or be
otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on,
over, or under such land and the furnishing of services thereon,
no persons on the grounds of race, color, or national origin
shall be excluded from the participation in, denied the benefits
of, or otherwise subjected to discrimination, (3) that the
Airline shall use the premises in compliance with all other
requirements imposed by or pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be
amended.
C. Airline assures that is will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E, to
ensure that no person shall, on the grounds of race, creed,
color, national origin, or sex, be excluded from participating in
any employment activities covered in 14 CFR Part 152, Subpart E.
Airline assures that no person shall be excluded on these grounds
from participating in or receiving the services or benefits of
any program or activity covered by this Subpart. Airline assures
-39-
that it will require that its covered suborganizations provide
assurances to Airline that they similarly will undertake
affirmative action programs and that they will require assurance
from their suborganizations, as required by 14 CFR Part 152,
Subpart E, to the same effect.
D. The Airline agrees to furnish service on a fair, equal
and not unjustly discriminatory basis to all users thereof, and
to charge fair, reasonable and not unjustly discriminatory prices
for each unit or service; Provided, that the Airline may make
reasonable and non-discriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
E. It is understood and agreed that nothing herein
contained shall be construed to grant or authorize the granting
of an exclusive right within the meaning of Section 308 of the
Federal Aviation Act of 1458.
F. Noncompliance with Section 13.03(A),(B),(C) above after
timely notice by the FAA to the City of Airline's noncompliance
and a failure of Airline to substantially remedy such
noncompliance within a reasonable period, shall constitute a
material breach thereof, and in the event of such noncompliance,
the City shall have the right to terminate this Agreement.
SECTION 13.04 Successors and Assigns Bound by Covenants
A. All the covenants, stipulations, and agreements in this
Agreement shall extend to and hind the legal representatives,
successors, and assigns of the respective parties hereto.
SECTION 13.05 Governing Law
A. This Agreement and all disputes between the parties
arising hereunder shall be governed by the laws of the State of
Texas.
SECTION 13.06 Quiet Enjoyment
A. The City agrees that, on payment of the rent and
performance of the covenants and agreements on the part of
Airline to be performed hereunder, Airline shall peaceably have
and enjoy the Leased Premises and all the rights and privileges
of the Airport, its appurtenances and facilities granted herein.
SECTION 13.07 Nonliability of City's Agents and Employees
A. No officer, agent, or employee of the City shall be
liable for any acts or omissions of Airline, or its agents,
-40-
servants, employees, or independent contractors, or for any
conditions resulting from the operations or activities of Airline
or to any other person, nor shall the City be liable for any loss
of or damage to any personal property, fixtures, or equipment
installed or stored in the Airline's Leased Premises or elsewhere
on the Airport.
The City shall not be liable for Airline's failure to
perform any of the obligations under this Agreement or for any
delay in the performance thereof.
SECTION 13.08 Incorporation of Required Provisions
A. The parties incorporate herein by this reference all
provisions lawfully required to be contained herein by any
governmental body or agency having jurisdiction over the Airport.
SECTION 13.09 Nonwaiver of Rights
A. No waiver of default by the City or Airline of any of
the terms, covenants, and conditions hereof to be performed,
kept,and observed by the other party shall be construed as, or
shall operate as, a waiver of any subsequent default of any of
the terms, covenants, or conditions herein contained, to be
performed, kept, and observed by the other party.
SECTION 13.10 Consent of the Parties
A. Where this Agreement requires the consent, approval,
designation, or any other affirmative act of one or more parties,
Airline and the City agree that such consent, approval,
designation, or affirmative act shall not be unreasonably
withheld or made.
SECTION 13.11 Force Majeure
A. Neither the City nor the Airline shall be deemed to be
in breach of this Agreement by reason of failure to perform any
of its obligations hereunder if, while and to the extent that
such failure is due to strikes, boycotts, labor disputes,
embargoes, shortages of materials, acts of God, acts of the
public enemy, acts of superior governmental authority, weather
conditions, floods, riots, rebellion, sabotage or any other
circumstances for which it is not responsible and which are not
within its control. This provision shall not apply to failures
by Airline to pay rents, fees, or charges or to make any other
money payments required by this Agreement. This provision shall
not prevent either party from exercising its rights of
termination under Section 10.01 of this Agreement.
-41-
SECTION 13.12 Agreements with other Airlines
A. The City agrees not to enter into any scheduled airline
operating agreement and terminal building lease with any other
Airline conducting similar operations at the Airport after the
date of this Agreement that contains more favorable rentals and
fees than those provided in this Agreement.
SECTION 13.13 Headings
A. The paragraph headings contained herein are for
convenience in reference and are not intended to define or limit
the scope of any provision of this Agreement.
SECTION 13.14 Incorporation of Exhibits
A. All Exhibits referred to in this Agreement are intended
to be and hereby are specifically made a part of this Agreement.
B. The City Manager, or his designee, is authorized to
amend Exhibits A -H as necessary to reflect current conditions at
the Airport, as previously agreed to herein.
SECTION 13.15 Entire Agreement
A. This Agreement, together with all Exhibits attached
hereto, constitutes the entire Agreement between the parties
hereto, and all other representations or statements heretofore
made, verbal or written, are merged herein. Except as otherwise
provided herein, this Agreement may be amended only in writing,
and executed by duly authorized representatives of the parties
hereto.
SECTION 13.16 Severability
A. In the event any covenant, condition, or provision in
this Agreement is held to be invalid by any court of competent
jurisdiction, the invalidity of any such covenant, condition, or
provision shall in no way affect any other covenant, condition,
or provision herein contained; provided that the invalidity of
any such covenant, condition, or provision does not materially
prejudice either the City or Airline in its respective rights and
obligations contained in the valid covenants, conditions, or
provisions of this Agreement.
-42-
IN WITNESS WHEREOF, the parties have executed this Agreement
and Lease as of the day and year first above written.
ATTEST:
City Secretary
APPROVED:
Hal George, City Attorney
-Assistant City Attorney
CITY OF CORPUS CHRISTI
By:
City Manager
AIRLINE
By: Deborah M. Edwards /A- / L0,(.
Title: Director - Station Operations
ATTEST:
-43-
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CONQUEST AIRLINES
EXHIBIT E
LEASED PREMISES
The Leased Premises including Exc_usive Use, Preferential
Use, and Common Use premises. for the Airline are described below:
A. 340 square feet of ticket counter, cffice and baggage makeup
space for the exclusive use of the Airline.
E. 0 square feet cf passenger hoidr JOm space for the exclusive
use of the Airline.
C. 0 square feet of operations space fo= the exclusive u:E.
the Airline.
D. N/Z, sc_uare feet on Spat; for o related purpose, fJ_- th_-.
ex'c L.S1ve use _, the
E. 0,429 s uare I=et of sot _Cr baggage drop and baggage cia
for use in common .;itl; ethers,
F. 250 square f'_ -et -
common with others.
:creenlnc, point for use in
G.
0 aprcn poS 1 1Cr3. _ fcr pre `erent al use of the Amino -
coeds psi] uommoD
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EXCLUSIVE USE
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EXHIBIT F
PASSENGER AND LANDING REPORT
MONTH/YEAR
PASSENGER TRAFFIC FOR MONTH
NUMBER OF ENPLANED PASSENGERS
NO. OF ENPLANED REV. PASSENGERS
N0. OF ENPLANED NON -REV. PASSENGERS
NUMBER OF DEPLANED PASSENGERS
N0. OF DEPLANED REV. PASSENGERS
N0. OF DEPLANED NON -REV. PASSENGERS
NUMBER OF AVAILABLE SEATS
LANDINGWEIGHTS
PLANE TYPE
NAME OF AIRLINE
MONTHLY NUMBER GROSS LANDING TOTAL WEIGHT
OF LANDINGS PER WEIGHT PER PER
PLANE TYPE PLANE TYPE PLANE TYPE
TOTAL LANDING WEIGHT FOR MONTH
FREIGHT
ENPLANED DEPLANED
CARCO X .73 M
MAIL
FUEL PURCHASE - NUMBER OF GALLONS
PURCHASED FROM -
ENPLANED DEPLANED
SIGNATURE OF COMPANY OFFICIAL
EXHIBIT G
Date: 04 -Dec -89
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EXHIBIT II
DEBT SERVICE SCHEDULE
Fiscal
Yea r
Airport
Fund 117
1989-90 8603,245.27
1990-91 580,086.85
1991-92 570,558.71
1992-93 585,392.91
1993-94 597,394.88
1994-95 607,444.56
1995-96 618,599.75
1996-97 606,746.35
1997-98 620,072.29
1998-99 632,788.84
1999-00534,046.47
2000-01 448,719.28
2001-02 451,560.95
2002-03 456,799.18
2003-04 459,026.26
2004-05 462,138.99
2005-06 175,640.37
2006-07 68,559.38
NOTE: Includes interns! on 1985-A Capital Appreciation Bonds for fiscal wars
1997-2000.
-40-
CONQUEST AIRLINES CORP.
EXHIBIT C-1
Exclusive ..
Use Space
irs $ot
■■ 1
„11 -,CE
.—Y
„£-,t, £ti
„1-,9£
Coy -.T' -
r -4 Al..
Conquest will occupy and pay rental on the office space
marked by crosshatching on this Exhibit. At such a
time that a new tenant requests the adjacent space which
this identified space blocks access to, either Conquest
will lease all the space or relinquish all the space
identified on this Exhibit.
„C
hat ttAe toregoing o finance was read to the first tune and passed to its second reading on
.ie i day of 4 , 19c/ , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
(Lt1
at,
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
at/.
That the foregoing ordin ce was read for the second time and passed to its third reading on
this the , �jO day of ti,4,(_ 0 , 19 ,i/ , by the following vote:
Mary Rhodes -
Ili
,
Cezar Galindo i �! li -
Leo Guerrero (16-d01-1,
Betty Jean Longoria a ,
That the
day of /VL(LJ , 19
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
Liz
1-u',
Ctly
oregoing ordinance was read for the third time and passed finally on this the o2 L1
, by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
OE f . Edward A. Martin
���L� , Joe McComb
l «4e, ( Dr. David McNichols
�f Q Clif Moss
•� Mary Pat Slavik
day of
PASSED AND APPROVED, this the cz J
ATTEST:
City Secretary
at 1-J
,194 / .
CITE'--OF)CORPUS CHRISTI
APPROVED: DAY OF , 19 .
JAMES R. BRAY, JR., $V-TERP*-f2ITY ATTORNEY
By `l IC b\- , Assistant City Attorney
044 r N ,�
':1172
PUBLISHER'S AFFIDAVIT
Acct. # 0053-18438
State of Texas, ]CITY OF CORPUS CHRISTI
County of Nueces 7 ss: Ad # 54763
PO #
Before me, the undersigned, a Notary Public, this day personally came
Annette Mendoza, who being first duly sworn, according to law, says
that she is an 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, Refugio, San Patricio, Victoria, and Webb Counties, and
that the publication of "NOTICE OF PASSAGE OF ORDINANCE NO. 021172"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 2nd day of June 19 91, and each
day thereafter for 0 consecutive day(s).
1 Times
s 44.55
Accounting Clerk
s art ,rr}?eSr
before me this 3rd.. day. ,,p.f ,. -June . ar
,Nt DEP
Srt
DEBRA VILLARREAL
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
State of Texas, ]
County of Nueces ] ss:
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHPISTI
Ad # 14851
PO #
1991.
Before me, the undersigned, a Notary Public, this day personally came
Rosie A. Mendez, who being first duly sworn, according to law, says
that she is Advertising Receivables Supervisor of the Corpus Christi
Caller -Times, a daily newspaper published at Corpus Christi in said
County and State, generally circulated in Aransas, Bee, Brooks, Camer-
on, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refugio, San Patricio, Victoria, and Webb 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 5th MAY 1991
1 Times
1
1 hi
S 47.25 Advertising Receivable & Supervisor
S ss ((}�]��}ed�a}J�d /wonp/ /t�p�nbefore me this 21st day of MAY , 1991.
`21 V �/' 1..l 1 V l.0
DEBRA VILLARREAL
Notary Public, Nueces County, Texas
My commission expires on4.24.1993
Mame op
AUh[Li
TION ofl HA -,LEAEA H
' AGREEMENTTs13>9E7WEEN
E THE CITY 'CYNI�6
11; AND FON
PUBLICATIONFOrt Of lead
_ le these to the
City le MY�S: 1. u$21.47
- per square fee-wnuaily for
sxclu edgp (340 square-
s 'j fest) or $7,300 per year; 2.,
r $21.47 per sewers foot Com -
mon Uas gorges for beg
claim and baggage conveyor
r atsas-total prorated *mount Is. -
' 9223,911; 3. 9.73 per 1000
, pounds estimateddto be 01399 per
year.
A copy of the Mase is an
erile In the City Sacretsry's. Of_ to
hNM.
The ordnance was pang r-
and approved on lard reading
by the City Council of the Crop ... -
of Corpus Christ Tawas 04
the 29th day of May. 1991....
/s/ Armando Chaps;
City of CorSacretwy
pus Christi. •
NOTICE OF PASSAGE
OF ORDINANCE ON
• SECOND READING
AUTHORIZING THE EXECU-
TION OF A .LEASE
AGREEMENT :BETWEEN
CONDUEST 'AIRLINES AND
THE CITY OF CORPUS C $S-
TI; AND PROVIDING FOR
PUBLICATION; term of .lease
is three yeah; payment to the
City is as foliows: 1. $21.47
per square foot annually for
exclusive space (340 square
feet) -or $7,300 per year; 2.
S21.47 per squats foot Com-
mon UN Charges for bag
claim and baggage conveyor
areas - total prorated amount
is $223,911; 3. $.73 per
1000 pounds gross landed
weight, estimated to be
$13,690 per year.
A copy of the lease
is on file In the
City Secretary's Office.
The ordinance was passed
and approved on. second
reading by the City Council of
the City of Corpus Christi,
Texas on the 30th day of
April. 1991.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
o el
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