HomeMy WebLinkAbout021273 ORD - 10/29/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF AGREEMENTS WITH COASTAL BEND
RENT -A -CAR, INC. D/B/A AVIS RENT -A -CAR; MAR -JEAN TEXAS, INC. D/B/A
HERTZ CORPORATION; NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC.;
DOLLAR SYSTEMS, INC. D/B/A DOLLAR RENT -A -CAR; AND PAGAN LEWIS
MOTORS, INC. D/B/A BUDGET RENT -A -CAR 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 agreements with
Coastal Bend Rent-A-Car, Inc. d/b/a Avis Rent-A-Car; Mar -Jean Texas, Inc. d/b/a Hertz
Corporation; National Car Rental of Corpus Christi, Inc.; Dollar Systems, Inc. d/b/a Dollar Rent-A-
Car; and Pagan Lewis Motors, Inc. d/b/a Budget Rent-A-Car of Corpus Christi for car rental
concessions at Corpus Christi International Airport, all as more fully set forth in the agreements,
substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A," "B;
"C," "D," and "E" respectively.
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.
AG5000.041.kp
021273
MICROFILMED
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
COASTAL BEND RENT -A -CAR, INC.
dba Avis Rent-A-Car
RENT -A -CAR CONCESSION AGREEMENT
I
The Concession Premises are defined as: the Leased Premises
allocated to Concessionaire within the Airport Terminal Building
as identified on Exhibit A, attached hereto and made a part
hereof for all purposes; a proportionate share of the total yent-
a -car parking spaces shown on Exhibit B, attached hereto and make
a part hereof for all purposes, as allocated by the Director of
Aviation to Concessionaire under the terms of this Agreement;
the parking space from the ready rent -a -car parking lot under the
canopy illustrated on Exhibit B; and the commercial building site
for use as an Automotive Service Facility as shown on Exhibit C,
attached hereto and made a part hereof for all purposes.
This Concession shall provide passenger automobile rental
services for proper accommodation of passengers arriving at and
departing from the Concession Premises at Corpus Christi
International Airport, 1000 International Drive, Corpus Christi,
Texas, and shall be in accordance with the terms and conditions
stipulated herein.
II
TERM OF AGREEMENT
The term of this Agreement shall be for a period of three
(3) years commencing sixty (60) days after final approval by the
City Council. Upon expiration of the original term,
Concessionaire shall be allowed to hold over for such period as
may be necessary to re -let bids. Such holdover period shall be
on a month-to-month basis under the same terms and conditions of
the expired lease. Fees to be paid City during such holdover
period shall be based on the third (3rd) year concession fee rate
as set forth hereinafter.
III
TERMINATION AND REPOSSESSION
3.1 Termination of Agreement by City. The City may declare this
Agreement terminated in its entirety, in the manner provided
in Section 3.3 of this Agreement, upon the happening of
any one or more of the following events and may exercise all
rights of entry and re-entry upon the premises with or
without process of law:
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Nonpayment: If the rentals, fees, charges or other
money payments which the Concessionaire herein agrees
to pay, or any part thereof, shall be unpaid after the
date that same shall become due;
B. Insolvency Proceedings: If, during the term of this
Agreement, the Concessionaire shall:
1. Apply for, or consent to the appointment of a
receiver, trustee or liquidator of all or a
substantial part of its assets;
2. File a voluntary petition in bankruptcy, or admit
in writing its inability to pay its debts as they
come due;
3. Make a general assignment for the benefit of
creditors;
4. File a petition or an answer seeking reorganization
or arrangement with creditors, or to take advantage
of an insolvency law; or
5. File an answer admitting the material allegations
of a petition filed in bankruptcy, reorganization
or insolvency proceedings; or if during the term
of this Agreement an order, judgment or decree
shall be entered by any court of competent
jurisdiction, on the application of a creditor
adjudicating Concessionaire as bankrupt or
insolvent, or approving a petition seeking a
reorganization of Concessionaire, and such order,
judgment or decree shall continue unstayed and in
effect for any period of ninety (90) consecutive
days.
C. Default: Should the Concessionaire fail in the
performance of any covenant or condition herein
required to be performed by the Concessionaire.
Except as otherwise provided in Section 3.1, the term
of this Agreement and all right, title, and interest
of the Concessionaire shall expire on the date set
forth in the notice of termination. Failure by the
City to take any action upon default by the
Concessionaire shall not constitute waiver of the
City's right of termination.
3 2 Termination of Agreement by Concessionaire. The
Concessionaire may declare this Agreement terminated in its
entirety, in the manner provided in Section 3.3 of this
Agreement, for the following causes:
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CORPUS CHRISTI, TEXAS
A. Restraining Use of Airport: Should a court or
regulatory agency of competent jurisdiction issue an
injunction or restraining order against the City
preventing or restraining the use of the Airport
for airport purposes in its entirety or substantial
entirety.
B. Abandonment of Airport: Should the City abandon the
Airport for a period of at least thirty (30) days and
fail to operate and maintain an Airport in such manner
as to permit landings and takeoffs of planes by
scheduled air carriers;
C. Destruction or Limitation at the Airport: In the event
of destruction of all or a material portion of the
Airport or its facilities, or in the event that any
agency or instrumentality of the United States
Government or any state or local government were
to occupy the Airport or a substantial part thereof,
or in the event of military mobilization or public
emergency wherein there is a curtailment (either by
executive decree or legislative action) of normal
civilian traffic at the Airport or of the use of
motor vehicles or airplanes by the general public or in
the event of a limitation of the supply of automobiles
or of automobile fuel, supplies or parts for general
public use, or in the event of shortage of materials;
provided however, that any of the said events shall
result in material interference with Concessionaire's
normal business operations or substantial diminution
of Concessionaire's Gross Revenues from the Concession
Premises for a period in excess of sixty (60) days.
D. Default: Should the City fail to perform any covenant
or condition within the control of the City herein
required to be performed by the City.
3.3 Procedure For Termination or Repossession. No termination
declared by either party shall be effective unless and
until forty-five (45) days have elapsed after written notice
has been sent by either party specifying the date upon which
such termination shall take effect and the cause for which
this Agreement is being terminated. No such termination
against the City shall be effective if such cause of
default as determined by the City can be cured within
such forty-five (45) days and if the City corrects same as
promptly as reasonable practicable.
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IV
CONCESSION PREMISES
4.1 Terminal Space. The City leases to the Concessionaire, and
the Concessionaire takes from the City, space allocated in
the Airport Terminal Building, identified in Exhibit A as
attached hereto (herein called the "Lease Premises").
Concessionaire will be allowed to retain counter and office
space presently occupied, or will be assigned to available
space to the extent space is available. No additional
space is available for this function at the Airport. The
parties covenant and agree that the City after giving
sixty days (60) notice in writing, may relocate at its
expense the Leased Premises and Concessionaire's equipment
to other comparable space, as determined by the Director of
Aviation at the Airport.
4.2 Rent-A-Car Space. The City leases to Concessionaire and
Concessionaire leases from the City, a proportionate share
of the total ready rent -a -car parking spaces shown in
Exhibit B attached hereto (herein called "Ready
Space"), initially allocated on the basis of the minimum
annual concession fee guarantee as bid by Concessionaires
for the first (1st) year. If requested by at least one of
the Concessionaires conducting business pursuant to
concession agreements with the City, the proportionate share
of the ready Rent-A-Car spaces shall be adjusted upon each
twelve (12) month anniversary of this Agreement during the
term hereof. Space shall be allocated in direct proportion
to the volume of each Concessionaire's gross payment to
the City during the preceding twelve (12) month period, as
compared to the aggregate gross payments to the City of all
passenger automobile rental Concessionaires conducting
business pursuant to concession agreement with City.
4.3 Canopy -Rent -A -Car -Space. The
and the Concessionaire leases
space in the ready rent -a -car
canopy illustrated in Exhibit
Space").
City leases to Concessionaire,
from the City, one parking
parking lot area under the
B (herein called "Canopy
4.4 Relocation of Ready Space and Canopy Space. The City
reserves the right to relocate said ready space and canopy
space assigned to the Concessionaire in accordance with
reasonable needs of the City for changes in use of the
Concession Premises as may be made during the term of this
Agreement. During the term of this Agreement contract
traffic projections indicate the possible need to extend the
bag claim area; which will require removal of a portion of
the "Ready Car" area. In this event the spaces continuing
in use will be distributed on the basis of percent of
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CORPUS CHRISTI, TEXAS
business at Corpus Christi International Airport. Bona fide
employees of Concessionaire will be permitted to park at
Airport free of charge, unless additional employee
parking has to be constructed at which time employees may be
required to pay a monthly rate of up to $15.00.
4.5 Automotive Service Facility. The City leases to
Concessionaire, and the Concessionaire leases from the City,
40,000 square feet as designated by the Director of Aviation
shown on Exhibit C attached hereto and made a part hereof
for all purposes (herein called the "Automotive Service
Facility") for the use of Concessionaire for a commercial
building site for use as an automotive service facility
at the Airport. Title to all improvements, except for trade
fixtures, equipment, and personal property, constructed for
the Automotive Service Facility shall transfer to the City
as provided in Section 8.4. All risk of loss taxes,
assessments, fees, or utilities resulting from the
construction or use of the Automotive Service Facility shall
be the responsibility of Concessionaire.
4.6 Access. To the extent permitted by this Agreement, the
Concessionaire has the right of free access, ingress to and
egress from the Leased Premises and parking areas for the
Concessionaire's employees, agents, guests, patrons and
invitees.
4.7 Occupancy of Leased Premise. The taking of possession of
the Leased Premises by the Concessionaire shall constitute
acknowledgement by the Concessionaire that the Leased
Premises are in good condition and suitable for occupancy by
Concessionaire.
A. The Concessionaire accepts all premises "as is" and
agrees to perform all needed maintenance at its sole
cost, except that the City shall perform all repairs
to the structure of and all mechanical systems in the
Terminal Building.
B. It is understood and agreed that the Concessionaire is
to make no material removals, additions or alterations
to the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation and that the Concessionaire shall provide all
counters, signs, gates or doors necessary for the use
of the Leased Premises in the Terminal Building for
the conduct of its business.
C. All construction and improvements including plans,
proposal, materials colors of materials, and designs
shall be submitted to the City, and the Concessionaire
shall not commence the construction of any improvements
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CORPUS CHRISTI, TEXAS
on the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation.
D. The Concessionaire shall maintain in good repair and
in neat and clean condition all improvements,
construction or furniture, furnishings or equipment
placed on the Leased Premises or the Automotive Service
Facility. The Concessionaire shall be responsible for
the care of the Leases Premises and shall permit no
damage to existing improvements. No spikes, hooks,
nails, or any other device shall be driven or screwed
into the walls or other surfaces of the Leased Premises.
4.8 Maintenance and Use of Premises. Concessionaire shall at
all times maintain its Leased Premises in a neat, orderly,
sanitary and presentable condition and provide its own
janitor service. Leased Premises shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage the
Leased Premises. No flammable material shall be stored, nor
will the Leased Premises be used for any purpose which will
increase the rate of insurance thereon. At the end of the
term, the Concessionaire agrees to deliver the Leased
Premises to the City in the same condition as when
rented, normal wear and tear excepted.
No sign or advertisement of the Concessionaire or others
shall be affixed, kept or distributed on any part of the
Leased Premises unless such color, size, substance, style,
material and method of attachment shall be first approved by
the Director of Aviation. The City reserves the right to
remove, without notice to the Concessionaire, all signs or
advertisements not having prior approval.
The Concessionaire shall not permit any unlawful practice to
be committed on its Concession Premises nor to make or
permit any use of the same for any purpose not herein
authorized. The Concessionaire shall not use or permit the
use of said Concession Premises in any way which will
disturb other tenants or Concessionaires at said Airport.
The Concessionaire shall not interfere or permit to be done
anything which may interfere with the effectiveness or
accessibility of the utility, heating, ventilating or air
conditioning system, or portions thereof, on the Leased
Premises or elsewhere in said Airport, nor do or permit to
be done anything which may interfere with free access and
passage in the Leased Premises or the public areas
adjacent thereto, or in the street or sidewalks adjoining
such premises at said Airport, or hinder police, fire
fighting, or other emergency personnel in the discharge of
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CORPUS CHRISTI, TEXAS
their duties.
The Concessionaire shall not do or permit to be done any act
or thing on its Leased Premises which will invalidate any
fire insurance policies required under this Agreement or
carried by the City covering the Terminal Building and ready
areas which, in the opinion of the City may constitute a
hazardous condition that will increase the risks normally
attendant upon the operations contemplated under this
Agreement. The Concessionaire shall promptly observe,
comply with and execute the provisions of any and all
present and future rules and regulations, requirements,
orders and directions of the City which may pertain or
apply to the operations in or on its Leased Premises.
The City shall furnish heating and air conditioning to the
Leased Premises in such degrees as is furnished to other
tenants in the same building area, and the City shall not be
liable for any failure to supply the same when such failure
is not due to negligence on its part. General area light
will be furnished by the City through the fixtures installed
for the general lighting of the area.
4.9 Compliance with Laws and Regulations. The Concessionaire
shall comply with all statutes, laws, ordinances, orders,
judgments, decrees, regulations, directions and requirements
of all federal, state, city and other governmental
authorities now or hereafter applicable to the Concession
Premises or to any adjoining public ways, as to the manner
or use or the condition of the Concession Premises and
Concessionaire's improvements thereon or of adjoining public
ways.
4.10 Repairs and Maintenance. The cost of maintenance and repair
of the Leased Premises and the Automotive Service Facility
shall be borne by the Concessionaire, except that the City
shall maintain and repair the structure and the mechanical
system of the Terminal Building.
4.11 Right to Enter, Inspect, and Make Repairs. The City and
its authorized officers, employees, agents, contractors,
subcontractors and other representatives shall have the
right (at such times as may be reasonable under the
circumstances and with as little interruption of the
Concessionaire's operations as is reasonably practicable) to
enter upon and in the Leased Premises for the following
purposes:
1. To inspect such premises to determine whether the
Concessionaire is in compliance with the terms and
conditions of this Agreement.
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2. To perform maintenance and make repairs in any case where
the Concessionaire is obligated, but has failed to do so
after the City has given the Concessionaire reasonable
notice to do so, in which event the Concessionaire shall
reimburse the City for the reasonable cost thereof
promptly upon demand.
4.12 Surrender of Concession Premises. The Concessionaire
covenants and agrees that at the expiration of this
Agreement or at the earlier termination thereof, it will
quit and surrender the Concession Premises and the
improvements in good state and condition, reasonable wear
and tear, acts of God and other casualties excepted, and
the City shall have the right to take possession of the
Concession Premises and the improvements with or without
process of law.
V
CONCESSION FEE, RENTS, AND REPORTS
5 1 Definition of Gross Revenues. "Gross Revenues" as used
herein shall be defined as all receipts cash or credit from
all sources applicable to operation of Concessionaire's
rental services originating on the Concession Premises save
and except the following items:
A. Sums recovered from insurance or otherwise for damage to
automobiles or other property;
B. Any tax levied by any competent governmental authority
and separately stated and collected from
Concessionaire's customers. No deductions from "Gross
Revenues" shall be allowed from taxes levied on
Concession activities, equipment, or real or personal
property of Concessionaire;
C. Any amounts paid by customers of Concessionaire as
additional charges for wavier by Concessionaire of its
rights to recover from customer for damages to the
vehicle rented;
D. Any charges collected from customers for refueling an
automobile rented pursuant to a rental agreement under
which the customer is obligated to return the automobile
with the same amount of fuel furnished upon rental;
E. Sums recovered for intercity fees or drop charges;
F. Proceeds from sale of automobiles; or
G. Any local or national discounts to customers.
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5.2 Concession Fee. Concessionaire shall on a monthly basis pay
to the City the greater of either 1.) the minimum monthly
guaranteed Concession fee, as it may increase over the life
of the contract or 2.) ten (10%) percent of the
Concessionaire's Monthly Gross Revenue over the life of the
contract. Minimum monthly fee for:
Year 1) $ 10,000
Year 2) $ 11,000
Year 3) $ 12,000
5.3 Revenue Payments and Activity Reports. The Concessionaire
shall file with the City on or before the 20th day of each
month a monthly report of Gross Revenues, certified by a
responsible officer of the Concessionaire, the report being
in such form as approved by or required by the Director of
Aviation.
5.4 Reports and Statements. Concessionaire shall submit a
monthly report of the number of cars delivered to and
returned by the Concessionaire's customers at the Concession
Premises. Such report shall show a daily breakdown by date
and day of week. City shall use the report to determine
traffic flow for planning and other management purposes.
Within sixty (60) days after the close of each contract year
hereunder, Concessionaire shall furnish to the City, a sworn
statement showing the total of Gross Revenues at the
Concession Premises for the contract year.
The Concessionaire shall have the right to conduct part of
its operations on a credit basis and shall report all
income, both cash and credit in its monthly statement of
Gross Revenues. Concessionaire shall report chargebacks for
nonpayment of fees based on credit transactions not later
than ninety (90) days from the date of transaction. Credit
allowed Concessionaire under this provision shall be only on
the same basis as payments to the City as defined under
Section 5.1 of this Agreement. Adequate proof of
chargebacks must be furnished for all credit claimed.
5 5 Terminal Space Rental Payments. The Concessionaire agrees
to pay the City, monthly in advance on or before the tenth
(10th) day of the month for which the rent is due, the same
rental rate per square foot per annum for floor space in
Terminal Building as paid by air carrier tenants for like
space, which rate currently is $21.47 per square foot per
year for office space. At such time as the air carrier
tenants rates are adjusted this Agreement will automatically
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
be adjusted to the same rental rate. If the rate increase
occurs during the Agreement year the rent will be pro -rated.
5.6 Ready and Return Car Parking Space Rent. The
Concessionaire also agrees to pay the City, monthly in
advance on or before the tenth day of the month for which
rent is due, for each parking space taken by the
Concessionaire under 4.2 and 4.3. The licensing rate
therefor shall be Fifteen Dollars ($15.00) per month for
each space, and the number of such spaces rented may vary
during the term hereof in accordance with this Agreement.
5.7 Automotive Service Facilities Rent. The Concessionaire also
agrees to pay the City, monthly in advance on or before
the tenth (10th) day of the month for which rent is due,
$0.12 per square foot per year, divided into twelve (12)
equal monthly payments. The land rental rate may be
increased by the City upon thirty (30) days written notice
to Concessionaire. The land rental rate increase shall not
exceed $0.10 per square foot per year.
5.8 Adjustment of Rental Rate. The rental rate under 5.6 and
5.7 above will be reviewed every 3 years on Agreement
anniversary date for adjustment.
5.9 Prompt Payment of Taxes and Fees. Concessionaire covenants
and agrees to pay promptly all lawful ad valorem or general
taxes, special assessments, excises, license fees and permit
fees, of whatever nature, applicable to its operation at the
Concession Premises and to obtain and keep current all
licenses, municipal, state or federal, required for the
conduct of its business at and upon said Concession
Premises, and further covenants and agrees not to permit any
of said taxes, assessments, excises, fees or charges to
become delinquent.
5.10 Service Charge. All unpaid fees due the City shall bear a
service charge of one and one-half (1.5%) percent per month
if same are not paid and received by the City by the 30th of
the month in which payments are due, and the Concessionaire
agrees that it shall pay and discharge all costs and
expense, including reasonable attorney's fees, incurred or
expended by the City in collection of such delinquent
amounts due.
5 10 Fee and Rent Payment Bond. The Concessionaire shall furnish
prior to commencement date of the term of the Agreement a
letter of credit, certificate of deposit, -or performance
bond in the principal amount of the highest three(s) months
worth of minimum guaranteed concession fee rounded to the
nearest one thousand dollars. This letter of credit,
certificate of deposit, or bond shall guarantee the payment
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of the concession fee, rent, and Concessionaire's other
obligations to pay as provided herein. A letter of credit
or bond shall be in a form agreeable to the City and shall
be kept in full force and effect during the term hereof. A
certificate of deposit shall be endorsed to and held by the
City, and shall be in full force and effect during the term
hereof. Concessionaire shall receive all interest income
from any such certificate of deposit.
5.11 Underground Storage Tank Deposit. Concessionaire shall
furnish prior to commencement date of this Agreement a
letter of credit, certificate of deposit or payment bond in
the amount of $10,000 for each different underground storage
tank site located at its Automotive Service Facility. If
all underground storage tanks are closely grouped together
that shall be one site, if some tanks are located more than
50 feet from other tanks, without other tanks in between,
that shall be considered multiple sites, requiring multiple
deposits. The letter of credit, certificate of deposit or
payment bond shall remain in full force and effect during
the term of this Agreement. A letter of credit or bond
shall be in a form acceptable to City. A certificate of
deposit shall be endorsed to and held by City.
Concessionaire shall receive all interest income from any
such certificate of deposit.
5 12 Retention of Records. Concessionaire agrees that it will
keep available for the benefit of the City, for a period of
two years after each year of the term hereof, the books and
records of accounts of Concessionaire for each year, showing
Gross Revenues of Concessionaire from business conducted at
the Concession Premises, the deductions therefrom, and other
pertinent information required by the provisions of this
Agreement. The books and records of account shall be
accessible during usual business hours to the City or its
duly authorized agents or auditors, for the purpose of
verifying the information set forth in any certified annual
statement or for the purpose of verifying compliance by
Concessionaire with the terms of this Agreement but for no
other purpose.
5.13 Notice, Place and Manner of Payments. Payments shall be
made at Corpus Christi International Airport, 1000
International Drive, Corpus Christi, Texas 78406, or at
such other place in the City as the City may hereafter
notify the Concessionaire, and shall be made in legal tender
of the United States.
5.14 Temporary Reduction of Minimum Monthly Guaranteed Concession
Fees. In the event that one of the following conditions
exists during the term of the Agreement, the minimum
monthly guaranteed concession fee provided for may be
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CORPUS CHRISTI, TEXAS
reduced for the period of time the condition continues to
exist:
A. The operation of Concessionaire's car rental business
at the Concession Premises is affected by shortages or
other disruptions, including but not limited to rationing
or other methods of allocations, in the supply of
automobile gasoline or other goods necessary for the
operations thereof, resulting in the diminution
of Concessionaire's Gross Revenue hereunder in an amount
of thirty percent (30%) for a period thirty (30) or more
consecutive days;
B. If for any reason the number of passengers deplaning from
scheduled airline flights or regular commuter flights at
said Airport during any period of thirty (30) or more
consecutive days shall be less than seventy percent (70%)
of the number of such deplaning passengers in the same
month during the preceding calendar year; or
Before any such reduction shall be authorized,
Concessionaire must submit proof and substantiation of
such diminution and the cause thereof to the Director
of Aviation so it may properly determine whether such
reduction is necessary and not attributable to conditions
within the control of Concessionaire's managers, agents,
and employees.
VI
CONCESSIONAIRE'S OPERATIONS, RIGHTS, AND RESPONSIBILITIES
6.1 Customary and Usual Services. The operational rights
granted herein shall be used by the Concessionaire for the
purpose of providing all customary and usual services
incidental to the rental of passenger automobiles at the
Concession Premises and for the purpose of arranging for
such services for the public using said Airport, at such
other destinations where automobile rental service is
furnished by the Concessionaire.
6.2 Quiet and Peaceable Possession. Subject to the provisions
of this Agreement, the City covenants that Concessionaire,
upon payment of the concession fee, rentals, and otherwise
performing its covenants and obligations hereunder, shall
have quiet and peaceable possession of the Concession
Premises.
6.3 Conduct of Operations. The Concessionaire covenants and
agrees that it will perform the herein permitted services in
a professional manner by adhering to high standards of
operation including but not necessarily limited to the
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following:
A. The Concessionaire shall be open for and shall conduct
business and furnish services seven (7) days a week for
all regularly scheduled airline flights at the Concession
Premises.
B. The Concessionaire shall select and appoint a manager of
the Concessionaire's operation at the Concession
Premises who shall be a qualified and experienced
manager or supervisor vested with full power and
authority, in respect to the conduct of the operations
at the Concession Premises. The manager or supervisor
shall be assigned to a duty station or office at the
Concession Premises where he/she shall ordinarily be
available during regular business hours.
6 4 Non -Discrimination. The Concessionaire in exercising any of
the rights or privileges herein granted, shall not on the
grounds of race, sex, creed or national origin, discriminate
or permit discrimination against any person or group of
persons in any manner prohibited by Part 21 of the
Regulations of the Secretary of Transportation. The City is
hereby granted the right to take such action, anything to
the contrary herein notwithstanding, as the United States
may direct to enforce this nondiscrimination covenant.
6.5 Provision of Services. Concessionaire shall furnish high
quality, prompt, and efficient services adequate to meet
all reasonable demands therefore at said Airport. The
Concessionaire may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type
of price reductions if permitted by law or by other
provisions of this Agreement.
The Concessionaire shall provide and maintain the rental
automobiles made available hereunder at the Concessionaire's
sole expense, in good operative order, free from known
mechanical defects, and in a clean, neat and attractive
condition, inside and outside. None of the foregoing is
intended by the city as a warranty but rather as a
general standard of operations for Concessionaires.
The Concessionaire shall make available at the Concession
Premises only new and late model automobiles in such manner
as is required by the reasonable demand for same.
The Concessionaire covenants that it shall take all
reasonable measures in every proper manner to maintain,
develop and increase the business conducted by it hereunder,
and the Concessionaire shall not divert or cause or allow
any business to be diverted from the Concession Premises by
13
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
referral or any other method. Any action taken by the
Concessionaire to induce its patrons to rent or receive
vehicles in such a manner and at such places so as to
diminish the Gross Revenues of the Concessionaire under this
Agreement shall constitute a material breach hereof and a
cause for the termination of this Agreement by the City.
The Concessionaire's personnel performing services hereunder
shall be distinctively uniformed, neat, clean and courteous.
The Concessionaire's oral solicitation of business at the
Concession Premises shall be confined to such locations on
the Concession Premises as the Concessionaire and the
Director of Aviation shall mutually agree as being
sufficient to properly serve the needs of the
Concessionaire. The Concessionaire shall prohibit and
restrain its agents, servants, and employees from loud,
noisy, boisterous or otherwise objectionable promotion of
the services offered, and upon objection from the City
concerning the conduct or appearance of any such persons,
shall immediatelytake all steps reasonably necessary to
remove the cause of the objection.
6.6 Auditable Records. The Concessionaire shall at all times
during the term hereof keep at the Concession Premises true,
accurate, complete, and auditable records. Reports to the
City shall be in a form satisfactory to the City and
shall include all business conducted at the Concession
Premises, and the Concessionaire further agrees that the
City shall have the right, through its duly authorized
agents or representatives, to examine all pertinent books
and records at any and all reasonable times for the purpose
of determining the accuracy thereof and of the reports
required to be made by the Concessionaire under the
provisions of this Agreement. The making of any willfully
false report of Gross Revenues by the Concessionaire shall
be grounds for the immediate cancellation and termination of
this Agreement at the option of the City.
6.7 Noncompliance. Noncompliance with any portion of Article VI
shall constitute a material breach of this Agreement, and in
the event of noncompliance or continued and substantial
noncompliance, the City shall have the right to terminate
this Agreement.
VII
INSURANCE AND INDEMNIFICATION
7.1 Liability Insurance. The Concessionaire at its expense at
all times during the term hereof, shall cause the City and
the Concessionaire to be insured on an occurrence basis,
under policies no more restrictive than the standard form of
14
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
comprehensive liability policy, against the claims of any
and all persons for personal or bodily injury in a sum of
not less than one million dollars for any one person or
occurrence occurring on the Leased Premises or incidental to
the operations of the Concessionaire hereunder, and not less
than two hundred thousand dollars ($200,000.)for each
occurrence for property damage. Such insurance shall
specifically insure the obligations of the Concessionaire to
indemnify the City. Insofar as the insurance provides
protection against liability for damages to third party for
personal or bodily injury, death and property damage, the
City shall be included as named insured; provided, however,
such liability insurance coverage shall also extend to
damage, destruction and injury to City owned or leased
property and City personnel and caused by, or resulting from
work, acts, operations or omission of the Concessionaire,
its officers, agents and employees. The City shall have no
liability for any premiums charged for such coverage, and
the inclusion of the City as a named insured is not intended
to, and shall not, make the City a partner or joint venturer
with the Concessionaire in its operations at the Concession
Premises.
7.2 Future Insurance Requirements. The Concessionaire and the
City understand and agree that the minimum limits of the
insurance herein required may become inadequate, and the
Concessionaire agrees that it shall increase such minimum
limits upon receipt of notice in writing from the City.
Such notices of change shall, in general, be issued with
no more frequency than every two years of the term of this
Agreement; however, the City may take note of
indemnification awards being granted by the courts and
direct an increase in the minimum limits of the insurance
requirements at any time during the lease term, such
increases, if any, will be limited to ten (10%) percent of
the rate in effect at the time of the increase.
7.3 Hazard Insurance. Concessionaire at its expense shall carry
hazard insurance in the minimum amount of eighty (80%)
percent of fair market value of the improvements of the
Automobile Service Facility as shown on Exhibit C.
7.4 Limitation as to Policies. All policies of insurance
required herein shall name the City as additional insured
and be in a form and with a company or companies approved by
the City, and qualified to do insurance business in the
State of Texas. Each such policy shall provide that the
policy may not be materially changed, altered or canceled by
the insured or insurer during its term without first giving
thirty days written notice to the City.
15
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
7.5 Evidence of Insurance. Certificates, or other evidence of
insurance coverage required of the Concessionaire in this
Article, shall be delivered to the City in form and content
satisfactory to the City. At least thirty days (30) prior
to the expiration of any such policy, the Concessionaire
shall submit to the City a certificate showing such
insurance has been renewed or replaced. If such coverage is
canceled or reduced, the Concessionaire shall, within
fifteen (15) days after the date of such written notice from
the insurer of such cancellation or reduction of coverage,
file with the City a certificate showing that the required
insurance has been reinstated or provided through another
insurance company or companies. Copies of all insurance
policies shall be promptly provided to the City upon City's
written request.
7.6 Adjustment of Claims. Concessionaire shall provide for the
prompt and efficient handling of all claims for bodily
injury, property damage or theft arising out of the
activities of Concessionaire under this Agreement.
Concessionaire agrees that all such claims, whether
processed by Concessionaire or its insurer either directly
or by means of an agent, will be handled by a person or
representative of the Concessionaire.
7.7 Conditions of Insurance Default. If at any time the
Concessionaire shall fail to obtain the insurance as
required herein, the City may obtain such insurance by
taking out policies with companies satisfactory to the City.
The amount of the premiums paid for such insurance by the
City shall be payable by the Concessionaire to the City with
the installment of rent thereafter next due under the terms
of this Agreement, with interest thereon at the rate of
eight percent (8%) per annum.
7.8 Indemnification. Concessionaire agrees it will indemnify
and hold and save City harmless of, from and against all
claims, demands, actions, damages, loss, cost, liabilities,
expenses and judgment recovered from or asserted against
City on account of injury or damage to person or property to
the extent that any such damage or injury may be incident
to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act, omission,
negligence or misconduct on the part of Concessionaire or
any of its agents, servants, employees, contractors,
patrons, guests, licensees or invitees, or when any such
injury or damage is the result, proximate or remote, of the
occupancy or use by Concessionaire, its agents, servants,
employees, contractors, patrons, guests, licensees or
invitees of the Leased Premises pursuant to the activities
contemplated by this Rent-A-Car Concession Agreement,
regardless of whether the City is solely negligent,
16
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
contributorily or concurrently negligent.
Concessionaire covenants and agrees that in case City shall
be made a party to any litigation against Concessionaire or
in any litigation commenced by any party other than relating
to this Agreement or to the Leased Premises, then
Concessionaire shall and will pay all costs and expenses,
including reasonable attorney's fees and court costs,
incurred by or imposed upon City by virtue of any such
litigation. These terms of indemnification shall be
effective unless such damage or injury may result from gross
negligence or willful misconduct of City.
VIII
AUTOMOTIVE SERVICE FACILITY
8.1 Location. Concessionaire shall maintain the Automotive
Service Facility at the Airport on Lot(s) 4 & 5 as shown
on Exhibit C.
8.2 Utilities. Concessionaire shall pay all charges for water,
gas, electric power, and sewage service consumed on Lot(s)
4 & 5 during the term of this Agreement, at regularly
established rates.
8.3 Use. Lot(s.) 4 & 5 shall be used solely for the maintenance,
service, and storage of Concessionaire's vehicles, and
neither Concessionaire nor any of its agent servants,
or employees shall provide or furnish maintenance,
service, or storage of any kind to the general public.
8.4 Fixed Improvements. The term "Fixed Improvements" shall be
defined herein as all buildings and other structures erected
upon Lot(s) 4 & 5 and all property, excluding trade
fixtures, which is so attached to any Fixed Improvements
on lot(s) 4 & 5 that same may not be removed without
material injury to Lot(s) 4 & 5 or the Fixed Improvements
to which same shall be attached.
Title to said Fixed Improvements shall during the term of
this Agreement be in Concessionaire. Upon expiration of
this Agreement Concessionaire shall have thirty (30) days
after written notice from the City to remove said Fixed
Improvements and repair any damage to the Premises caused by
such removal at its expense. If said Fixed Improvements
are not removed within the thirty (30) days, title shall
vest in the City. Should Concessionaire terminate this
Agreement without the consent of the City prior to its
expiration, title to said Fixed Improvements shall
immediately vest in the City.
17
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
8.5 Trade Fixtures. The term "Trade Fixtures" shall be defined
herein to include, but not be limited to, any signs; all
machinery and equipment used in connection with the
servicing of automotive vehicles in or about Lot(s) 4 & 5
whether or not such machinery or equipment is bolt or
otherwise attached to said Premises; and all other
miscellaneous equipment installed in or placed on or about
the Automotive Service Facility and used in connection
with Concessionaire's business therein.
Title to all Trade Fixtures shall be and remain in
Concessionaire, and may be removed by Concessionaire within
thirty (30) days after written notice by the City after
expiration or termination of this Agreement. Concessionaire
shall, at its own expense, repair any damage to the Premises
caused by such removal.
8.6 Maintenance. Concessionaire shall at all times maintain the
Automotive Service Facility in a neat, orderly, sanitary,
and presentablecondition and provide its own janitor
service. The Automotive Facility shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage same.
Concessionaire shall properly dispose of all waste oil,
hazardous materials, if any, and used tires off the Leased
Premises. Concessionaire shall be required to maintain
quarterly reports on how much waste oil, hazardous
materials - with type and volume specifically identified, if
any, and how many used tires have been disposed of, method
of disposal, name and location of place where disposal
occurred, on the form attached hereto as Exhibit D, as same
may be amended from time to time.
IX
GENERAL PROVISIONS
9.1 Assignment and Subletting. The Concessionaire agrees not to
sublet the Concession Premises, or any part thereof, or any
of the facilities described herein, nor assign this
Agreement or any portion of the term hereof, without the
prior written consent of the City. Such consent shall not
be arbitrarily withheld, provided however any successor,
sublessee or assignee of an interest in this Agreement must
meet all pertinent requirements as outlined herein.
9.2 Liens and Claims, Mechanic's and Materialman's. The
Concessionaire agrees not to permit any mechanic's,
materialman's, or any other lien to be foreclosed upon the
Concession Premises or any part or parcel thereof, or the
18
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
improvements thereon, by reason of any work or labor
performed or materials furnished by any mechanic or
materialman or for any other reason.
9.3 No Personal Liability. No director, officer, employee, or
other agent of either party shall be personally liable under
or in connection with this Agreement while performing in
good faith the duties therein.
9.4 Agreements with the United States. This Agreement is
subject and subordinate to the provisions of any agreements
heretofore made between the City and the United States,
relative to the operation or maintenance of said Airport,
the execution of which has been required as a condition
precedent to the expenditure of Federal funds for the
extension, expansion, or development of said Airport.
9.5 Modification for Granting Funds. In the event that the
Federal, State, or Local Government requires, as a condition
precedent to provision of funds for the improvement of the
Airport, modifications or changes to this Agreement,
Concessionaire agrees to consent to such reasonable
amendments, modifications, revisions, supplement, or
deletions of any of the terms, conditions or requirements of
this Agreement, as may be reasonably required to enable the
City to obtain said funds, provided that in no event shall
such changes impair the rights of Concessionaire.
9.6 Governing Law. This Agreement shall be deemed to have been
made in, and be construed in accordance with the laws of
the State of Texas.
9.7 Notices/Address. Except as herein otherwise expressly
provided, all notices required to be given to the City or
Concessionaire hereunder shall be in writing and shall be
sent by certified mail, return receipt requested, to:
Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Concessionaire: H. G. Morrison
Title: President
Address: 101 N. Shoreline
City: Corpus Christi, Tx 78401
Either party may designate in writing from time to time any
changes in addresses or any addresses of substitute or
supplementary persons in connection with said notices. The
effective date of service of any notice shall be the date
such notice is received by either party.
9.8 Amendments. This Agreement may be amended from time to time
by written agreement executed by duly authorized
representatives of all the parties hereto.
9.9 Force Majeure. Neither the City nor Concessionaire shall be
19
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
deemed in violation of this Agreement should it be prevented
from performing any of the obligations hereunder by reason
of shortage of material, acts of God, acts of the public
enemy, acts of superior governmental authority, weather
conditions, riots, rebellion, sabotage, or any other
circumstances for which it is not responsible or which is
not within its control.
9.10 Invalid Provisions. In the event that any covenant,
condition or provision herein contained is held to be
invalid by a court of competent jurisdiction, the invalidity
of any such covenant, condition, or provision shall in no
way affect any other covenant, condition, or provision.
9.11 Headings. The headings of the Sections of this Agreement
are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope
or intent of any provisions of this Agreement and shall not
be construed to affect in any manner the terms and
provisions hereof or the interpretation or construction
hereof.
9.12 Required Approvals. Whenever the approval of the City
or of Concessionaire is required, no such approval shall
be unreasonably requested or withheld.
9.13 Successors and Assigns. All of the terms, provisions,
covenants, stipulations, conditions, and considerations of
this Agreement shall extend to and bind the legal
representative, successors, sublessees, and assigns of the
respective parties hereto.
9.14 Rights Cumulative. The rights and remedies of the City and
the Concessionaire specified in this Article are not
intended to be, and shall not be exclusive of one another or
exclusive of any common law right of either of the parties
hereto.
9.15 Waivers. No waiver of default by either party of
covenants, and conditions hereof to be performed,
observed by the other party shall be construed as
operate as, a waiver of any subsequent default of
terms, covenants, or conditions herein contained,
performed, kept and observed by the other party.
any terms,
kept and
, or
any of the
to be
9.16 Gratuities. The City may cancel this Agreement should it be
found that gratuities in the form of entertainment, gifts or
otherwise, were offered or given by the Concessionaire or
any of its agents or representatives, to any City official
or employee with a view toward securing the rights and
privileges granted herein or toward securing favorable
treatment with respect to the wording, amending or making of
20
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
any determinations with respect to the performance of the
Agreement. In the event this Agreement were to be canceled
by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to
recover from the Concessionaire a sum equal in amount to the
cost incurred by Concessionaire in providing such
gratuities.
9.17 Terminal Construction. It is recognized that conditions may
change in the Airport making it necessary and desirable for
the benefit of the traveling public to revise, move,
rearrange, or reconstruct all or part of the Terminal. In
such event, it is agreed that the City shall have the right
to move the Concessionaire's premises to another location,
provided the substitute premises are comparable to the
premises described herein and provided further, that any
such move for the convenience of the City shall be at no
expense to the Concessionaire. In such event,
Concessionaire will not be required to close down its
currently occupied premises until it can move into the new
facility.
9.18 Entire Agreement. This Agreement, together with all
exhibits attached hereto, constitutes the entire Agreement
between the parties hereto and all other representations or
statement heretofore made, verbal or written, are merged
herein and this Agreement may be amended only in writing,
and executed by duly authorized representatives of the
parties hereto.
ATTEST:
BY
Signed this day of , 1991.
CITY OF CORPUS CHRISTI:
BY
Armando Chapa, City Secretary Juan Garza, City Manager
Approved L� L >�.b�: , 1991 by
James R. Bray, City Attorney
BY CONCESSION: RE:
Assistant City Attorney Coastal
dba Avi
A -Car, Inc.
-Ca
Name:
Title:
21
H. G. Morrison, Jr.
President
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
Month:
Name:
Title:
EXHIBIT D
July, 1991
Victoria L. Pannone
Controller
Waste Oil:
Volume 55 Gallons
Method of disposal SDC Waste Disposal Company
Name and location of place of disposal
7330 Greenwood, Corpus Christi, Texas
Used Tires: NOT APPLICABLE
Volume
Method of disposal
Name and location of place of disposal
Hazardous materials, if any: NOT APPLICABLE
Type
Volume
Method of disposal
Name and location of placed disposal
I VICTORIA L. PANNONE CONTROLLER
(Name)
(Title)
of COASTAL BEND RENT -A -CAR, INC. Company do hereby certify that
the above (Rent-A-Car) information is true and correct and I am
in1ppoosition of authority to have such knowledge.
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:ITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
MAR JEAN TEXAS, INC.
dba Hertz Car Rental
RENT -A -CAR CONCESSION AGREEMENT
I
The Concession Premises are defined as: the Leased Premises
allocated to Concessionaire within the Airport Terminal Building
as identified on Exhibit A, attached hereto and made a part
hereof for all purposes; a proportionate share of the total yent-
a -car parking spaces shown on Exhibit B, attached hereto and make
a part hereof for all purposes, as allocated by the Director of
Aviation to Concessionaire under the terms of this Agreement;
the parking space from the ready rent -a -car parking lot under the
canopy illustrated on Exhibit B; and the commercial building site
for use as an Automotive Service Facility as shown on Exhibit C,
attached hereto and made a part hereof for all purposes.
This Concession shall provide passenger automobile rental
services for proper accommodation of passengers arriving at and
departing frc__a the Concession Premises at Corpus Christi
International Airport, 1000 International Drive, Corpus Christi,
Texas, and shall be in accordance with the terms and conditions
stipulated herein.
II
TERM OF AGREEMENT
The term of this Agreement shall be for a period of three
(3) years commencing sixty (60) days after final approval by the
City Council. Upon expiration of the original term,
Concessionaire shall be allowed to hold over for such period as
may be necessary to re -let bids. Such holdover period shall be
on a month-to-month basis under the same terms and conditions of
the expired lease. Fees to be paid City during such holdover
period shall be based on the third (3rd) year concession fee rate
as set forth hereinafter.
III
TERMINATION AND REPOSSESSION
3.1 Termination of Agreement by City. The City may declare this
Agreement terminated in its entirety, in the manner provided
in Section 3.3 of this Agreement, upon the happening of
any one or more of the following events and may exercise all
rights of entry and re-entry upon the premises with or
without process of law:
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Nonpayment: If the rentals, fees, charges or other
money payments which the Concessionaire herein agrees
to pay, or any part thereof, shall be unpaid after the
date that same shall become due;
B. Insolvency Proceedings: If, during the term of this
Agreement, the Concessionaire shall:
1. Apply for, or consent to the appointment of a
receiver, trustee or liquidator of all or a
substantial part of its assets;
2. File a voluntary petition in bankruptcy, or admit
in writing its inability to pay its debts as they
come due;
3. Make a general assignment for the benefit of
creditors;
4. File a petition or an answer seeking reorganization
or arrangement with creditors, or to take advantage
of an insolvency law; or
5. File an answer admitting the material allegations
of a petition filed in bankruptcy, reorganization
or insolvency proceedings; or if during the term
of this Agreement an order, judgment or decree
shall be entered by any court of competent
jurisdiction, on the application of a creditor
adjudicating Concessionaire as bankrupt or
insolvent, or approving a petition seeking a
reorganization of Concessionaire, and such order,
judgment or decree shall continue unstayed and in
effect for any period of ninety (90) consecutive
days.
C. Default: Should the Concessionaire fail in the
performance of any covenant or condition herein
required to be performed by the Concessionaire.
Except as otherwise provided in Section 3.1, the term
of this Agreement and all right, title, and interest
of the Concessionaire shall expire on the date set
forth in the notice of termination. Failure by the
City to take any action upon default by the
Concessionaire shall not constitute waiver of the
City's right of termination.
3 2 Termination of Agreement by Concessionaire. The
Concessionaire may declare this Agreement terminated in its
entirety, in the manner provided in Section 3.3 of this
Agreement, for the following causes:
2
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Restraining Use of Airport: Should a court or
regulatory agency of competent jurisdiction issue an
injunction or restraining order against the City
preventing or restraining the use of the Airport
for airport purposes in its entirety or substantial
entirety.
B. Abandonment of Airport: Should the City abandon the
Airport for a period of at least thirty (30) days and
fail to operate and maintain an Airport in such manner
as to permit landings and takeoffs of planes by
scheduled air carriers;
C. Destruction or Limitation at the Airport: In the event
of destruction of all or a material portion of the
Airport or its facilities, or in the event that any
agency or instrumentality of the United States
Government or any state or local government were
to occupy the Airport or a substantial part thereof,
or in the event of military mobilization or public
emergency wherein there is a curtailment (either by
executive decree or legislative action) of normal
civilian traffic at the Airport or of the use of
motor vehicles or airplanes by the general public or in
the event of a limitation of the supply of automobiles
or of automobile fuel, supplies or parts for general
public use, or in the event of shortage of materials;
provided however, that any of the said events shall
result in material interference with Concessionaire's
normal business operations or substantial diminution
of Concessionaire's Gross Revenues from the Concession
Premises for a period in excess of sixty (60) days.
D. Default: Should the City fail to perform any covenant
or condition within the control of the City herein
required to be performed by the City.
3.3 Procedure For Termination or Repossession. No termination
declared by either party shall be effective unless and
until forty-five (45) days have elapsed after written notice
has been sent by either party specifying the date upon which
such termination shall take effect and the cause for which
this Agreement is being terminated. No such termination
against the City shall be effective if such cause of
default as determined by the City can be cured within
such forty-five (45) days and if the City corrects same as
promptly as reasonable practicable.
3
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
IV
CONCESSION PREMISES
4.1 Terminal Space. The City leases to the Concessionaire, and
the Concessionaire takes from the City, space allocated in
the Airport Terminal Building, identified in Exhibit A as
attached hereto (herein called the "Lease Premises").
Concessionaire will be allowed to retain counter and office
space presently occupied, or will be assigned to available
space to the extent space is available. No additional
space is available for this function at the Airport. The
parties covenant and agree that the City after giving
sixty days (60) notice in writing, may relocate at its
expense the Leased Premises and Concessionaire's equipment
to other comparable space, as determined by the Director of
Aviation at the Airport.
4.2 Rent-A-Car Space. The City leases to Concessionaire and
Concessionaire leases from the City, a proportionate share
of the total ready rent -a -car parking spaces shown in
Exhibit B attached hereto (herein called "Ready
Space"), initially allocated on the basis of the minimum
annual concession fee guarantee as bid by Concessionaires
for the first (1st) year. If requested by at least one of
the Concessionaires conducting business pursuant to
concession agreements with the City, the proportionate share
of the ready Rent-A-Car spaces shall be adjusted upon each
twelve (12) month anniversary of this Agreement during the
term hereof. Space shall be allocated in direct proportion
to the volume of each Concessionaire's gross payment to
the City during the preceding twelve (12) month period, as
compared to the aggregate gross payments to the City of all
passenger automobile rental Concessionaires conducting
business pursuant to concession agreement with City.
4.3 Canopy -Rent -A -Car -Space. The
and the Concessionaire leases
space in the ready rent -a -car
canopy illustrated in Exhibit
Space").
City leases to Concessionaire,
from the City, one parking
parking lot area under the
B (herein called "Canopy
4.4 Relocation of Ready Space and Canopy Space. The City
reserves the right to relocate said ready space and canopy
space assigned to the Concessionaire in accordance with
reasonable needs of the City for changes in use of the
Concession Premises as may be made during the term of this
Agreement. During the term of this Agreement contract
traffic projections indicate the possible need to extend the
bag claim area; which will require removal of a portion of
the "Ready Car" area. In this event the spaces continuing
in use will be distributed on the basis of percent of
4
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
business at Corpus Christi International Airport. Bona fide
employees of Concessionaire will be permitted to park at
Airport free of charge, unless additional employee
parking has to be constructed at which time employees may be
required to pay a monthly rate of up to $15.00.
4.5 Automotive Service Facility. The City leases to
Concessionaire, and the Concessionaire leases from the City,
40,000 square feet as designated by the Director of Aviation
shown on Exhibit C attached hereto and made a part hereof
for all purposes (herein called the "Automotive Service
Facility") for the use of Concessionaire for a commercial
building site for use as an automotive service facility
at the Airport. Title to all improvements, except for trade
fixtures, equipment, and personal property, constructed for
the Automotive Service Facility shall transfer to the City
as provided in Section 8.4. All risk of loss taxes,
assessments, fees, or utilities resulting from the
construction or use of the Automotive Service Facility shall
be the responsibility of Concessionaire.
4.6 Access. To the extent permitted by this Agreement, the
Concessionaire has the right of free access, ingress to and
egress from the Leased Premises and parking areas for the
Concessionaire's employees, agents, guests, patrons and
invitees.
4 7 Occupancy of Leased Premise. The taking of possession of
the Leased Premises by the Concessionaire shall constitute
acknowledgement by the Concessionaire that the Leased
Premises are in good condition and suitable for occupancy by
Concessionaire.
A. The Concessionaire accepts all premises "as is" and
agrees to perform all needed maintenance at its sole
cost, except that the City shall perform all repairs
to the structure of and all mechanical systems in the
Terminal Building.
B. It is understood and agreed that the Concessionaire is
to make no material removals, additions or alterations
to the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation and that the Concessionaire shall provide all
counters, signs, gates or doors necessary for the use
of the Leased Premises in the Terminal Building for
the conduct of its business.
C. All construction and improvements including plans,
proposal, materials colors of materials, and designs
shall be submitted to the City, and the Concessionaire
shall not commence the construction of any improvements
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CORPUS CHRISTI, TEXAS
on the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation.
D. The Concessionaire shall maintain in good repair and
in neat and clean condition all improvements,
construction or furniture, furnishings or equipment
placed on the Leased Premises or the Automotive Service
Facility. The Concessionaire shall be responsible for
the care of the Leases Premises and shall permit no
damage to existing improvements. No spikes, hooks,
nails, or any other device shall be driven or screwed
into the walls or other surfaces of the Leased Premises.
4.8 Maintenance and Use of Premises. Concessionaire shall at
all times maintain its Leased Premises in a neat, orderly,
sanitary and presentable condition and provide its own
janitor service. Leased Premises shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage the
Leased Premises. No flammable material shall be stored, nor
will the Leased Premises be used for any purpose which will
increase the rate of insurance thereon. At the end of the
term, the Concessionaire agrees to deliver the Leased
Premises to the City in the same condition as when
rented, normal wear and tear excepted.
No sign or advertisement of the Concessionaire or others
shall be affixed, kept or distributed on any part of the
Leased Premises unless such color, size, substance, style,
material and method of attachment shall be first approved by
the Director of Aviation. The City reserves the right to
remove, without notice to the Concessionaire, all signs or
advertisements not having prior approval.
The Concessionaire shall not permit any unlawful practice to
be committed on its Concession Premises nor to make or
permit any use of the same for any purpose not herein
authorized. The Concessionaire shall not use or permit the
use of said Concession Premises in any way which will
disturb other tenants or Concessionaires at said Airport.
The Concessionaire shall not interfere or permit to be done
anything which may interfere with the effectiveness or
accessibility of the utility, heating, ventilating or air
conditioning system, or portions thereof, on the Leased
Premises or elsewhere in said Airport, nor do or permit to
be done,anything which may interfere with -free access and
passage in the Leased Premises or the public areas
adjacent thereto, or in the street or sidewalks adjoining
such premises at said Airport, or hinder police, fire
fighting, or other emergency personnel in the discharge of
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
their duties.
The Concessionaire shall not do or permit to be done any act
or thing on its Leased Premises which will invalidate any
fire insurance policies required under this Agreement or
carried by the City covering the Terminal Building and ready
areas which, in the opinion of the City may constitute a
hazardous condition that will increase the risks normally
attendant upon the operations contemplated under this
Agreement. The Concessionaire shall promptly observe,
comply with and execute the provisions of any and all
present and future rules and regulations, requirements,
orders and directions of the City which may pertain or
apply to the operations in or on its Leased Premises.
The City shall furnish heating and air conditioning to the
Leased Premises in such degrees as is furnished to other
tenants in the same building area, and the City shall not be
liable for any failure to supply the same when such failure
is not due to negligence on its part. General area light
will be furnished by the City through the fixtures installed
for the general lighting of the area.
4.9 Compliance with Laws and Regulations. The Concessionaire
shall comply with all statutes, laws, ordinances, orders,
judgments, decrees, regulations, directions and requirements
of all federal, state, city and other governmental
authorities now or hereafter applicable to the Concession
Premises or to any adjoining public ways, as to the manner
or use or the condition of the Concession Premises and
Concessionaire's improvements thereon or of adjoining public
ways.
4.10 Repairs and Maintenance. The cost of maintenance and repair
of the Leased Premises and the Automotive Service Facility
shall be borne by the Concessionaire, except that the City
shall maintain and repair the structure and the mechanical
system of the Terminal Building.
4.11 Right to Enter, Inspect, and Make Repairs. The City and
its authorized officers, employees, agents, contractors,
subcontractors and other representatives shall have the
right (at such times as may be reasonable under the
circumstances and with as little interruption of the
Concessionaire's operations as is reasonably practicable) to
enter upon and in the Leased Premises for the following
purposes:
1. To inspect such premises to determine whether the
Concessionaire is in compliance with the terms and
conditions of this Agreement.
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CORPUS CHRISTI, TEXAS
2. To perform maintenance and make repairs in any case where
the Concessionaire is obligated, but has failed to do so
after the City has given the Concessionaire reasonable
notice to do so, in which event the Concessionaire shall
reimburse the City for the reasonable cost thereof
promptly upon demand.
4 12 Surrender of Concession Premises. The Concessionaire
covenants and agrees that at the expiration of this
Agreement or at the earlier termination thereof, it will
quit and surrender the Concession Premises and the
improvements in good state and condition, reasonable wear
and tear, acts of God and other casualties excepted, and
the City shall have the right to take possession of the
Concession Premises and the improvements with or without
process of law.
V
CONCESSION FEE, RENTS, AND REPORTS
5 1 Definition of Gross Revenues. "Gross Revenues" as used
herein shall be defined as all receipts cash or credit from
all sources applicable to operation of Concessionaire's
rental services originating on the Concession Premises save
and except the following items:
A. Sums recovered from insurance or otherwise for damage to
automobiles or other property;
B. Any tax levied by any competent governmental authority
and separately stated and collected from
Concessionaire's customers. No deductions from "Gross
Revenues" shall be allowed from taxes levied on
Concession activities, equipment, or real or personal
property of Concessionaire;
C. Any amounts paid by customers of Concessionaire as
additional charges for wavier by Concessionaire of its
rights to recover from customer for damages to the
vehicle rented;
D. Any charges collected from customers for refueling an
automobile rented pursuant to a rental agreement under
which the customer is obligated to return the automobile
with the same amount of fuel furnished upon rental;
E. Sums recovered for intercity fees or drop charges;
F. Proceeds from sale of automobiles; or
G. Any local or national discounts to customers.
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CORPUS CHRISTI, TEXAS
5.2 Concession Fee. Concessionaire shall on a monthly basis pay
to the City the greater of either 1.) the minimum monthly
guaranteed Concession fee, as it may increase over the life
of the contract or 2.) ten (10%) percent of the
Concessionaire's Monthly Gross Revenue over the life of the
contract. Minimum monthly fee for:
Year 1) $ 9,800
Year 2) $ 9,800
Year 3) $ 9,800
5.3 Revenue Payments and Activity Reports. The Concessionaire
shall file with the City on or before the 20th day of each
month a monthly report of Gross Revenues, certified by a
responsible officer of the Concessionaire, the report being
in such form as approved by or required by the Director of
Aviation.
5.4 Reports and Statements. Concessionaire shall submit a
monthly report of the number of cars delivered to and
returned by the Concessionaire's customers at the Concession
Premises. Such report shall show a daily breakdown by date
and day of week. City shall use the report to determine
traffic flow for planning and other management purposes.
Within sixty (60) days after the close of each contract year
hereunder, Concessionaire shall furnish to the City, a sworn
statement showing the total of Gross Revenues at the
Concession Premises for the contract year.
The Concessionaire shall have the right to conduct part of
its operations on a credit basis and shall report all
income, both cash and credit in its monthly statement of
Gross Revenues. Concessionaire shall report chargebacks for
nonpayment of fees based on credit transactions not later
than ninety (90) days from the date of transaction. Credit
allowed Concessionaire under this provision shall be only on
the same basis as payments to the City as defined under
Section 5.1 of this Agreement. Adequate proof of
chargebacks must be furnished for all credit claimed.
5.5 Terminal Space Rental Payments. The Concessionaire agrees
to pay the City, monthly in advance on or before the tenth
(10th) day of the month for which the rent is due, the same
rental rate per square foot per annum for floor space in
Terminal Building as paid by air carrier tenants for like
space, which rate currently is $21.47 per square foot per
year for office space. At such time as the air carrier
tenants rates are adjusted this Agreement will automatically
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CORPUS CHRISTI, TEXAS
be adjusted to the same rental rate. If the rate increase
occurs during the Agreement year the rent will be pro -rated.
5.6 Ready and Return Car Parking Space Rent. The
Concessionaire also agrees to pay the City, monthly in
advance on or before the tenth day of the month for which
rent is due, for each parking space taken by the
Concessionaire under 4.2 and 4.3. The licensing rate
therefor shall be Fifteen Dollars ($15.00) per month for
each space, and the number of such spaces rented may vary
during the term hereof in accordance with this Agreement.
5.7 Automotive Service Facilities Rent. The Concessionaire also
agrees to pay the City, monthly in advance on or before
the tenth (10th) day of the month for which rent is due,
$0.12 per square foot per year, divided into twelve (12)
equal monthly payments. The land rental rate may be
increased by the City upon thirty (30) days written notice
to Concessionaire. The land rental rate increase shall not
exceed $0.10 per square foot per year.
5.8 Adjustment of Rental Rate. The rental rate under 5.6 and
5.7 above will be reviewed every 3 years on Agreement
anniversary date for adjustment.
5.9 Prompt Payment of Taxes and Fees. Concessionaire covenants
and agrees to pay promptly all lawful ad valorem or general
taxes, special assessments, excises, license fees and permit
fees, of whatever nature, applicable to its operation at the
Concession Premises and to obtain and keep current all
licenses, municipal, state or federal, required for the
conduct of its business at and upon said Concession
Premises, and further covenants and agrees not to permit any
of said taxes, assessments, excises, fees or charges to
become delinquent.
5.10 Service Charge. All unpaid fees due the City shall bear a
service charge of one and one-half (1.5%) percent per month
if same are not paid and received by the City by the 30th of
the month in which payments are due, and the Concessionaire
agrees that it shall pay and discharge all costs and
expense, including reasonable attorney's fees, incurred or
expended by the City in collection of such delinquent
amounts due.
5.10 Fee and Rent Payment Bond. The Concessionaire shall furnish
prior to commencement date of the term of the Agreement a
letter of credit, certificate of deposit, -or performance
bond in the principal amount of the highest three(s) months
worth of minimum guaranteed concession fee rounded to the
nearest one thousand dollars. This letter of credit,
certificate of deposit, or bond shall guarantee the payment
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CORPUS CHRISTI, TEXAS
of the concession fee, rent, and Concessionaire's other
obligations to pay as provided herein. A letter of credit
or bond shall be in a form agreeable to the City and shall
be kept in full force and effect during the term hereof. A
certificate of deposit shall be endorsed to and held by the
City, and shall be in full force and effect during the term
hereof. Concessionaire shall receive all interest income
from any such certificate of deposit.
5.11 Underground Storage Tank Deposit. Concessionaire shall
furnish prior to commencement date of this Agreement a
letter of credit, certificate of deposit or payment bond in
the amount of $10,000 for each different underground storage
tank site located at its Automotive Service Facility. If
all underground storage tanks are closely grouped together
that shall be one site, if some tanks are located more than
50 feet from other tanks, without other tanks in between,
that shall be considered multiple sites, requiring multiple
deposits. The letter of credit, certificate of deposit or
payment bond shall remain in full force and effect during
the term of this Agreement. A letter of credit or bond
shall be in a form acceptable to City. A certificate of
deposit shall be endorsed to and held by City.
Concessionaire shall receive all interest income from any
such certificate of deposit.
5.12 Retention of Records. Concessionaire agrees that it will
keep available for the benefit of the City, for a period of
two years after each year of the term hereof, the books and
records of accounts of Concessionaire for each year, showing
Gross Revenues of Concessionaire from business conducted at
the Concession Premises, the deductions therefrom, and other
pertinent information required by the provisions of this
Agreement. The books and records of account shall be
accessible during usual business hours to the City or its
duly authorized agents or auditors, for the purpose of
verifying the information set forth in any certified annual
statement or for the purpose of verifying compliance by
Concessionaire with the terms of this Agreement but for no
other purpose.
5.13 Notice, Place and Manner of Payments. Payments shall be
made at Corpus Christi International Airport, 1000
International Drive, Corpus Christi, Texas 78406, or at
such other place in the City as the City may hereafter
notify the Concessionaire, and shall be made in legal tender
of the United States.
5.14 Temporary Reduction of Minimum Monthly Guaranteed Concession
Pees. In the event that one of the following conditions
exists during the term of the Agreement, the minimum
monthly guaranteed concession fee provided for may be
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CORPUS CHRISTI, TEXAS
reduced for the period of time the condition continues to
exist:
A. The operation of Concessionaire's car rental business
at the Concession Premises is affected by shortages or
other disruptions, including but not limited to rationing
or other methods of allocations, in the supply of
automobile gasoline or other goods necessary for the
operations thereof, resulting in the diminution
of Concessionaire's Gross Revenue hereunder in an amount
of thirty percent (30%) for a period thirty (30) or more
consecutive days;
B. If for any reason the number of passengers deplaning from
scheduled airline flights or regular commuter flights at
said Airport during any period of thirty (30) or more
consecutive days shall be less than seventy percent (70%)
of the number of such deplaning passengers in the same
month during the preceding calendar year; or
Before any such reduction shall be authorized,
Concessionaire must submit proof and substantiation of
such diminution and the cause thereof to the Director
of Aviation so it may properly determine whether such
reduction is necessary and not attributable to conditions
within the control of Concessionaire's managers, agents,
and employees.
VI
CONCESSIONAIRE'S OPERATIONS, RIGHTS, AND RESPONSIBILITIES
6.1 Customary and Usual Services. The operational rights
granted herein shall be used by the Concessionaire for the
purpose of providing all customary and usual services
incidental to the rental of passenger automobiles at the
Concession Premises and for the purpose of arranging for
such services for the public using said Airport, at such
other destinations where automobile rental service is
furnished by the Concessionaire.
6.2 Quiet and Peaceable Possession. Subject to the provisions
of this Agreement, the City covenants that Concessionaire,
upon payment of the concession fee, rentals, and otherwise
performing its covenants and obligations hereunder, shall
have quiet and peaceable possession of the Concession
Premises.
6.3 Conduct of Operations. The Concessionaire covenants and
agrees that it will perform the herein permitted services in
a professional manner by adhering to high standards of
operation including but not necessarily limited to the
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CORPUS CHRISTI, TEXAS
following:
A. The Concessionaire shall be open for and shall conduct
business and furnish services seven (7) days a week for
all regularly scheduled airline flights at the Concession
Premises.
B. The Concessionaire shall select and appoint a manager of
the Concessionaire's operation at the Concession
Premises who shall be a qualified and experienced
manager or supervisor vested with full power and
authority, in respect to the conduct of the operations
at the Concession Premises. The manager or supervisor
shall be assigned to a duty station or office at the
Concession Premises where he/she shall ordinarily be
available during regular business hours.
6.4 Non -Discrimination. The Concessionaire in exercising any of
the rights or privileges herein granted, shall not on the
grounds of race, sex, creed or national origin, discriminate
or permit discrimination against any person or group of
persons in any manner prohibited by Part 21 of the
Regulations of the Secretary of Transportation. The City is
hereby granted the right to take such action, anything to
the contrary herein notwithstanding, as the United States
may direct to enforce this nondiscrimination covenant.
6.5 Provision of Services. Concessionaire shall furnish high
quality, prompt, and efficient services adequate to meet
all reasonable demands therefore at said Airport. The
Concessionaire may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type
of price reductions if permitted by law or by other
provisions of this Agreement.
The Concessionaire shall provide and maintain the rental
automobiles made available hereunder at the Concessionaire's
sole expense, in good operative order, free from known
mechanical defects, and in a clean, neat and attractive
condition, inside and outside. None of the foregoing is
intended by the City as a warranty but rather as a
general standard of operations for Concessionaires.
The Concessionaire shall make available at the Concession
Premises only new and late model automobiles in such manner
as is required by the reasonable demand for same.
The Concessionaire covenants that it shall take all
reasonable measures in every proper manner to maintain,
develop and increase the business conducted by it hereunder,
and the Concessionaire shall not divert or cause or allow
any business to be diverted from the Concession Premises by
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CORPUS CHRISTI, TEXAS
referral or any other method. Any action taken by the
Concessionaire to induce its patrons to rent or receive
vehicles in such a manner and at such places so as to
diminish the Gross Revenues of the Concessionaire under this
Agreement shall constitute a material breach hereof and a
cause for the termination of this Agreement by the City.
The Concessionaire's personnel performing services hereunder
shall be distinctively uniformed, neat, clean and courteous.
The Concessionaire's oral solicitation of business at the
Concession Premises shall be confined to such locations on
the Concession Premises as the Concessionaire and the
Director of Aviation shall mutually agree as being
sufficient to properly serve the needs of the
Concessionaire. The Concessionaire shall prohibit and
restrain its agents, servants, and employees from loud,
noisy, boisterous or otherwise objectionable promotion of
the services offered, and upon objection from the City
concerning the conduct or appearance of any such persons,
shall immediately take all steps reasonably necessary to
remove the cause of the objection.
6.6 Auditable Records. The Concessionaire shall at all times
during the term hereof keep at the Concession Premises true,
accurate, complete, and auditable records. Reports to the
City shall be in a form satisfactory to the City and
shall include all business conducted at the Concession
Premises, and the Concessionaire further agrees that the
City shall have the right, through its duly authorized
agents or representatives, to examine all pertinent books
and records at any and all reasonable times for the purpose
of determining the accuracy thereof and of the reports
required to be made by the Concessionaire under the
provisions of this Agreement. The making of any willfully
false report of Gross Revenues by the Concessionaire shall
be grounds for the immediate cancellation and termination of
this Agreement at the option of the City.
6.7 Noncompliance. Noncompliance with any portion of Article VI
shall constitute a material breach of this Agreement, and in
the event of noncompliance or continued and substantial
noncompliance, the City shall have the right to terminate
this Agreement.
VII
INSURANCE AND INDEMNIFICATION
7.1 Liability Insurance. The Concessionaire at its expense at
all times during the term hereof, shall cause the City and
the Concessionaire to be insured on an occurrence basis,
under policies no more restrictive than the standard form of
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CORPUS CHRISTI, TEXAS
comprehensive liability policy, against the claims of any
and all persons for personal or bodily injury in a sum of
not less than one million dollars for any one person or
occurrence occurring on the Leased Premises or incidental to
the operations of the Concessionaire hereunder, and not less
than two hundred thousand dollars ($200,000.)for each
occurrence for property damage. Such insurance shall
specifically insure the obligations of the Concessionaire to
indemnify the City. Insofar as the insurance provides
protection against liability for damages to third party for
personal or bodily injury, death and property damage, the
City shall be included as named insured; provided, however,
such liability insurance coverage shall also extend to
damage, destruction and injury to City owned or leased
property and City personnel and caused by, or resulting from
work, acts, operations or omission of the Concessionaire,
its officers, agents and employees. The City shall have no
liability for any premiums charged for such coverage, and
the inclusion of the City as a named insured is not intended
to, and shall not, make the City a partner or joint venturer
with the Concessionaire in its operations at the Concession
Premises.
7.2 Future Insurance Requirements. The Concessionaire and the
City understand and agree that the minimum limits of the
insurance herein required may become inadequate, and the
Concessionaire agrees that it shall increase such minimum
limits upon receipt of notice in writing from the City.
Such notices of change shall, in general, be issued with
no more frequency than every two years of the term of this
Agreement; however, the City may take note of
indemnification awards being granted by the courts and
direct an increase in the minimum limits of the insurance
requirements at any time during the lease term, such
increases, if any, will be limited to ten (10%) percent of
the rate in effect at the time of the increase.
7.3 Hazard Insurance. Concessionaire at its expense shall carry
hazard insurance in the minimum amount of eighty (80%)
percent of fair market value of the improvements of the
Automobile Service Facility as shown on Exhibit C.
7.4 Limitation as to Policies. All policies of insurance
required herein shall name the City as additional insured
and be in a form and with a company or companies approved by
the City, and qualified to do insurance business in the
State of Texas. Each such policy shall provide that the
policy may not be materially changed, altered or canceled by
the insured or insurer during its term without first giving
thirty days written notice to the City.
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CORPUS CHRISTI, TEXAS
7.5 Evidence of Insurance. Certificates, or other evidence of
insurance coverage required of the Concessionaire in this
Article, shall be delivered to the City in form and content
satisfactory to the City. At least thirty days (30) prior
to the expiration of any such policy, the Concessionaire
shall submit to the City a certificate showing such
insurance has been renewed or replaced. If such coverage is
canceled or reduced, the Concessionaire shall, within
fifteen (15) days after the date of such written notice from
the insurer of such cancellation or reduction of coverage,
file with the City a certificate showing that the required
insurance has been reinstated or provided through another
insurance company or companies. Copies of all insurance
policies shall be promptly provided to the City upon City's
written request.
7.6 Adjustment of Claims. Concessionaire shall provide for the
prompt and efficient handling of all claims for bodily
injury, property damage or theft arising out of the
activities of Concessionaire under this Agreement.
Concessionaire agrees that all such claims, whether
processed by Concessionaire or its insurer either directly
or by means of an agent, will be handled by a person or
representative of the Concessionaire.
7.7 Conditions of Insurance Default. If at any time the
Concessionaire shall fail to obtain the insurance as
required herein, the City may obtain such insurance by
taking out policies with companies satisfactory to the City.
The amount of the premiums paid for such insurance by the
City shall be payable by the Concessionaire to the City with
the installment of rent thereafter next due under the terms
of this Agreement, with interest thereon at the rate of
eight percent (8%) per annum.
7.8 Indemnification. Concessionaire agrees it will indemnify
and hold and save City harmless of, from and against all
claims, demands, actions, damages, loss, cost, liabilities,
expenses and judgment recovered from or asserted against
City on account of injury or damage to person or property to
the extent that any such damage or injury may be incident
to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act, omission,
negligence or misconduct on the part of Concessionaire or
any of its agents, servants, employees, contractors,
patrons, guests, licensees or invitees, or when any such
injury or damage is the result, proximate or remote, of the
occupancy or use by Concessionaire, its agents, servants,
employees, contractors, patrons, guests, licensees or
invitees of the Leased Premises pursuant to the activities
contemplated by this Rent-A-Car Concession Agreement,
regardless of whether the City is solely negligent,
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
contributorily or concurrently negligent.
Concessionaire covenants and agrees that in case City shall
be made a party to any litigation against Concessionaire or
in any litigation commenced by any party other than relating
to this Agreement or to the Leased Premises, then
Concessionaire shall and will pay all costs and expenses,
including reasonable attorney's fees and court costs,
incurred by or imposed upon City by virtue of any such
litigation. These terms of indemnification shall be
effective unless such damage or injury may result from gross
negligence or willful misconduct of City.
VIII
AUTOMOTIVE SERVICE FACILITY
8.1 Location. Concessionaire shall maintain the Automotive
Service Facility at the Airport on Lot(s) 1 & 2 as shown
on Exhibit C.
8.2 Utilities. Concessionaire shall pay all charges for water,
gas, electric power, and sewage service consumed on Lot(s)
1 & 2 during the term of this Agreement, at regularly
established rates.
8.3 Use. Lot(s) 1 & 2 shall be used solely for the
maintenance, service, and storage of Concessionaire's
vehicles, and neither Concessionaire nor any of its agent
servants, or employees shall provide or furnish maintenance,
service, or storage of any kind to the general public.
8.4 Fixed Improvements. The term "Fixed Improvements" shall be
defined herein as all buildings and other structures erected
upon Lot(s) 1 & 2 and all property, excluding trade
fixtures, which is so attached to any Fixed Improvements
on lot(s) 1 & 2 that same may not be removed without
material injury to Lot(s) 1 & 2 or the Fixed Improvements
to which same shall be attached.
Title to said Fixed Improvements shall during the term of
this Agreement be in Concessionaire. Upon expiration of
this Agreement Concessionaire shall have thirty (30) days
after written notice from the City to remove said Fixed
Improvements and repair any damage to the Premises caused by
such removal at its expense. If said Fixed Improvements
are not removed within the thirty (30) days, title shall
vest in the City. Should Concessionaire terminate this
Agreement without the consent of the City prior to its
expiration, title to said Fixed Improvements shall
immediately vest in the City.
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CORPUS CHRISTI, TEXAS
8.5 Trade Fixtures. The term "Trade Fixtures" shall be defined
herein to include, but not be limited to, any signs; all
machinery and equipment used in connection with the
servicing of automotive vehicles in or about Lot(s) 1 & 2
whether or not such machinery or equipment is bolt or
otherwise attached to said Premises; and all other
miscellaneous equipment installed in or placed on or about
the Automotive Service Facility and used in connection
with Concessionaire's business therein.
Title to all Trade Fixtures shall be and remain in
Concessionaire, and may be removed by Concessionaire within
thirty (30) days after written notice by the City after
expiration or termination of this Agreement. Concessionaire
shall, at its own expense, repair any damage to the Premises
caused by such removal.
8.6 Maintenance. Concessionaire shall at all times maintain the
Automotive Service Facility in a neat, orderly, sanitary,
and presentable condition and provide its own janitor
service. The Automotive Facility shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage same.
Concessionaire shall properly dispose of all waste oil,
hazardous materials, if any, and used tires off the Leased
Premises. Concessionaire shall be required to maintain
quarterly reports on how much waste oil, hazardous
materials - with type and volume specifically identified, if
any, and how many used tires have been disposed of, method
of disposal, name and location of place where disposal
occurred, on the form attached hereto as Exhibit D, as same
may be amended from time to time.
IX
GENERAL PROVISIONS
9.1 Assignment and Subletting. The Concessionaire agrees not to
sublet the Concession Premises, or any part thereof, or any
of the facilities described herein, nor assign this
Agreement or any portion of the term hereof, without the
prior written consent of the City. Such consent shall not
be arbitrarily withheld, provided however any successor,
sublessee or assignee of an interest in this Agreement must
meet all pertinent requirements as outlined herein.
9.2 Liens and Claims, Mechanic's and Materialman's. The
Concessionaire agrees not to permit any mechanic's,
materialman's, or any other lien to be foreclosed upon the
Concession Premises or any part or parcel thereof, or the
18
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
improvements thereon, by reason of any work or labor
performed or materials furnished by any mechanic or
materialman or for any other reason.
9.3 No Personal Liability. No director, officer, employee, or
other agent of either party shall be personally liable under
or in connection with this Agreement while performing in
good faith the duties therein.
9.4 Agreements with the United States. This Agreement is
subject and subordinate to the provisions of any agreements
heretofore made between the City and the United States,
relative to the operation or maintenance of said Airport,
the execution of which has been required as a condition
precedent to the expenditure of Federal funds for the
extension, expansion, or development of said Airport.
9.5 Modification for Granting Funds. In the event that the
Federal, State, or Local Government requires, as a condition
precedent to provision of funds for the improvement of the
Airport, modifications or changes to this Agreement,
Concessionaire agrees to consent to such reasonable
amendments, modifications, revisions, supplement, or
deletions of any of the terms, conditions or requirements of
this Agreement, as may be reasonably required to enable the
City to obtain said funds, provided that in no event shall
such changes impair the rights of Concessionaire.
9.6 Governing Law. This Agreement shall be deemed to have been
made in, and be construed in accordance with the laws of
the State of Texas.
9.7 Notices/Address. Except as herein otherwise expressly
provided, all notices required to be given to the City or
Concessionaire hereunder shall be in writing and shall be
sent by certified mail, return receipt requested, to:
Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Concessionaire: Douglas Daniell
Title: President
Address: P. 0. Box 5070
City: Corpus Christi, Tx 78465
Either party may designate in writing from time to time any
changes in addresses or any addresses of substitute or
supplementary persons in connection with said notices. The
effective date of service of any notice shall be the date
such notice is received by either party.
9.8 Amendments. This Agreement may be amended from time to time
by written agreement executed by duly authorized
representatives of all the parties hereto.
9.9 Force Majeure. Neither the City nor Concessionaire shall be
19
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
deemed in violation of this Agreement should it be prevented
from performing any of the obligations hereunder by reason
of shortage of material, acts of God, acts of the public
enemy, acts of superior governmental authority, weather
conditions, riots, rebellion, sabotage, or any other
circumstances for which it is not responsible or which is
not within its control.
9.10 Invalid Provisions. In the event that any covenant,
condition or provision herein contained is held to be
invalid by a court of competent jurisdiction, the invalidity
of any such covenant, condition, or provision shall in no
way affect any other covenant, condition, or provision.
9.11 Headings. The headings of the Sections of this Agreement
are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope
or intent of any provisions of this Agreement and shall not
be construed to affect in any manner the terms and
provisions hereof or the interpretation or construction
hereof.
9.12 Required Approvals. Whenever the approval of the City
or of Concessionaire is required, no such approval shall
be unreasonably requested or withheld.
9.13 Successors and Assigns. All of the terms, provisions,
covenants, stipulations, conditions, and considerations of
this Agreement shall extend to and bind the legal
representative, successors, sublessees, and assigns of the
respective parties hereto.
9.14 Rights Cumulative. The rights and remedies of the City and
the Concessionaire specified in this Article are not
intended to be, and shall not be exclusive of one another or
exclusive of any common law right of either of the parties
hereto.
9.15 Waivers. No waiver of default by either party of
covenants, and conditions hereof to be performed,
observed by the other party shall be construed as
operate as, a waiver of any subsequent default of
terms, covenants, or conditions herein contained,
performed, kept and observed by the other party.
any terms,
kept and
, or
any of the
to be
9.16 Gratuities. The City may cancel this Agreement should it be
found that gratuities in the form of entertainment, gifts or
otherwise, were offered or given by the Concessionaire or
any of its agents or representatives, to any City official
or employee with a view toward securing the rights and
privileges granted herein or toward securing favorable
treatment with respect to the wording, amending or making of
20
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
any determinations with respect to the performance of the
Agreement. In the event this Agreement were to be canceled
by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to
recover from the Concessionaire a sum equal in amount to the
cost incurred by Concessionaire in providing such
gratuities.
9.17 Terminal Construction. It is recognized that conditions may
change in the Airport making it necessary and desirable for
the benefit of the traveling public to revise, move,
rearrange, or reconstruct all or part of the Terminal. In
such event, it is agreed that the City shall have the right
to move the Concessionaire's premises to another location,
provided the substitute premises are comparable to the
premises described herein and provided further, that any
such move for the convenience of the City shall be at no
expense to the Concessionaire. In such event,
Concessionaire will not be required to close down its
currently occupied premises until it can move into the new
facility.
9.18 Entire Agreement. This Agreement, together with all
exhibits attached hereto, constitutes the entire Agreement
between the parties hereto and all other representations or
statement heretofore made, verbal or written, are merged
herein and this Agreement may be amended only in writing,
and executed by duly authorized representatives of the
parties hereto.
Signed this
day of , 1991.
ATTEST: CITY OF CORPUS CHRISTI:
BY BY
Armando Chapa, City Secretary
Approved .r0 J: ;u.;*a�.,, 1991 by
James R. Bray, City Attorney
BY, -i, (.t_a),,
Assistant City Attorney Ma
db
Juan Garza, City Manager
BY
Name:
Title:
21
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Month:
Name:
Title:
EXHIBIT D
Waste Oil:
Volume
5c 6pllo,os
Method of disposal 51413,14- Jp2f
re and
j41-�
Used Tires:
7>ocation of
Volume , I�jj()
Method of disposal
place of disposal
9)) ter
. Name and location of place of disposal
Hazardous materials, if any:
Type »oJJU
Volume
Method of disposal
Name and location of placed disposal
of Company do hereby certify that
the abb ;v ent-A (fir) " formation is true and correct and I am
in a o •n of . ori to have such knowledge.
„--
02.rs i" 1
(Title)
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
NATIONAL CAR RENTAL
OF CORPUS CHRISTI, INC.
RENT -A -CAR CONCESSION AGREEMENT
I
The Concession Premises are defined as: the Leased Premises
allocated to Concessionaire within the Airport Terminal Building
as identified on Exhibit A, attached hereto and made a part
hereof for all purposes; a proportionate share of the total yent-
a -car parking spaces shown on Exhibit B, attached hereto and make
a part hereof for all purposes, as allocated by the Director of
Aviation to Concessionaire under the terms of this Agreement;
the parking space from the ready rent -a -car parking lot under the
canopy illustrated on Exhibit B; and the commercial building site
for use as an Automotive Service Facility as shown on Exhibit C,
attached hereto and made a part hereof for all purposes.
This Concession shall provide passenger automobile rental
services for proper accommodation of passengers arriving at and
departing from the Concession Premises at Corpus Christi
International Airport, 1000 International Drive, Corpus Christi,
Texas, and shall be in accordance with the terms andconditions
stipulated herein.
ii
TERM OF AGREEMENT
The term of this Agreement shall be for a period of three
(3) years commencing sixty (60) days after final approval by the
City Council. Upon expiration of the original term,
Concessionaire shall be allowed to hold over for such period as
may be necessary to re -let bids. Such holdover period shall be
on a month-to-month basis under the same terms and conditions of
the expired lease. Fees to be paid City during such holdover
period shall be based on the third (3rd) year concession fee rate
as set forth hereinafter.
III
TERMINATION AND REPOSSESSION
3.1 Termination of Agreement by City. The City may declare this
Agreement terminated in its entirety, in the manner provided
in Section 3.3 of this Agreement, upon the happening of
any one or more of the following events and may exercise all
rights of entry and re-entry upon the premises with or
without process of law:
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Nonpayment: If the rentals, fees, charges or other
money payments which the Concessionaire herein agrees
to pay, or any part thereof, shall be unpaid after the
date that same shall become due;
B. Insolvency Proceedings: If, during the term of this
Agreement, the Concessionaire shall:
1. Apply for, or consent to the appointment of a
receiver, trustee or liquidator of all or a
substantial part of its assets;
2. File a voluntary petition in bankruptcy, or admit
in writing its inability to pay its debts as they
come due;
3. Make a general assignment for the benefit of
creditors;
4. File a petition or an answer seeking reorganization
or arrangement with creditors, or to take advantage
of an insolvency law; or
5. File an answer admitting the material allegations
of a petition filed in bankruptcy, reorganization
or insolvency proceedings; or if during the term
of this Agreement an order, judgment or decree
shall be entered by any court of competent
jurisdiction, on the application of a creditor
adjudicating Concessionaire as bankrupt or
insolvent, or approving a petition seeking a
reorganization of Concessionaire, and such order,
judgment or decree shall continue unstayed and in
effect for any period of ninety (90) consecutive
days.
C. Default: Should the Concessionaire fail in the
performance of any covenant or condition herein
required to be performed by the Concessionaire.
Except as otherwise provided in Section 3.1, the term
of this Agreement and all right, title, and interest
of the Concessionaire shall expire on the date set
forth in the notice of termination. Failure by the
City to take any action upon default by the
Concessionaire shall not constitute waiver of the
City's right of termination.
3.2 Termination of Agreement by Concessionaire. The
Concessionaire may declare this Agreement terminated in its
entirety, in the manner provided in Section 3.3 of this
Agreement, for the following causes:
2
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Restraining Use of Airport: Should a court or
regulatory agency of competent jurisdiction issue an
injunction or restraining order against the City
preventing or restraining the use of the Airport
for airport purposes in its entirety or substantial
entirety.
B. Abandonment of Airport: Should the City abandon the
Airport for a period of at least thirty (30) days and
fail to operate and maintain an Airport in such manner
as to permit landings and takeoffs of planes by
scheduled air carriers;
C. Destruction or Limitation at the Airport: In the event
of destruction of all or a material portion of the
Airport or its facilities, or in the event that any
agency or instrumentality of the United States
Government or any state or local government were
to occupy the Airport or a substantial part thereof,
or in the event of military mobilization or public
emergency wherein there is a curtailment (either by
executive decree or legislative action) of normal
civilian traffic at the Airport or of the use of
motor vehicles or airplanes by the general public or in
the event of a limitation of the supply of automobiles
or of automobile fuel, supplies or parts for general
public use, or in the event of shortage of materials;
provided however, that any of the said events shall
result in material interference with Concessionaire's
normal business operations or substantial diminution
of Concessionaire's Gross Revenues from the Concession
Premises for a period in excess of sixty (60) days.
D. Default: Should the City fail to perform any covenant
or condition within the control of the City herein
required to be performed by the City.
3 3 Procedure For Termination or Repossession. No termination
declared by either party shall be effective unless and
until forty-five (45) days have elapsed after written notice
has been sent by either party specifying the date upon which
such termination shall take effect and the cause for which
this Agreement is being terminated. No such termination
against the City shall be effective if such cause of
default as determined by the City can be cured within
such forty-five (45) days and if the City corrects same as
promptly as reasonable practicable.
3
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
IV
CONCESSION PREMISES
4.1 Terminal Space. The City leases to the Concessionaire, and
the Concessionaire takes from the City, space allocated in
the Airport Terminal Building, identified in Exhibit A as
attached hereto (herein called the "Lease Premises").
Concessionaire will be allowed to retain counter and office
space presently occupied, or will be assigned to available
space to the extent space is available. No additional
space is available for this function at the Airport. The
parties covenant and agree that the City after giving
sixty days (60) notice in writing, may relocate at its
expense the Leased Premises and Concessionaire's equipment
to other comparable space, as determined by the Director of
Aviation at the Airport.
4.2 Rent-A-Car Space. The City leases to Concessionaire and
Concessionaire leases from the City, a proportionate share
of the total ready rent -a -car parking spaces shown in
Exhibit B attached hereto (herein called "Ready
Space"), initially allocated on the basis of the minimum
annual concession fee guarantee as bid by Concessionaires
for the first (1st) year. If requested by at least one of
the Concessionaires conducting business pursuant to
concession agreements with the City, the proportionate share
of the ready Rent-A-Car spaces shall be adjusted upon each
twelve (12) month anniversary of this Agreement during the
term hereof. Space shall be allocated in direct proportion
to the volume of each Concessionaire's gross payment to
the City during the preceding twelve (12) month period, as
compared to the aggregate gross payments to the City of all
passenger automobile rental Concessionaires conducting
business pursuant to concession agreement with City.
4.3 Canopy -Rent -A -Car -Space. The
and the Concessionaire leases
space in the ready rent -a -car
canopy illustrated in Exhibit
Space").
City leases to Concessionaire,
from the City, one parking
parking lot area under the
B (herein called "Canopy
4.4 Relocation of Ready Space and Canopy Space. The City
reserves the right to relocate said ready space and canopy
space assigned to the Concessionaire in accordance with
reasonable needs of the City for changes in use of the
Concession Premises as may be made during the term of this
Agreement. During the term of this Agreement contract
traffic projections indicate the possible need to extend the
bag claim area; which will require removal of a portion of
the "Ready Car" area. In this event the spaces continuing
in use will be distributed on the basis of percent of
4
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
business at Corpus Christi International Airport. Bona fide
employees of Concessionaire will be permitted to park at
Airport free of charge, unless additional employee
parking has to be constructed at which time employees may be
required to pay a monthly rate of up to $15.00.
4.5 Automotive Service Facility. The City leases to
Concessionaire, and the Concessionaire leases from the City,
40,000 square feet as designated by the Director of Aviation
shown on Exhibit C attached hereto and made a part hereof
for all purposes (herein called the "Automotive Service
Facility") for the use of Concessionaire for a commercial
building site for use as an automotive service facility
at the Airport. Title to all improvements, except for trade
fixtures, equipment, and personal property, constructed for
the Automotive Service Facility shall transfer to the City
as provided in Section 8.4. All risk of loss taxes,
assessments, fees, or utilities resulting from the
construction or use of the Automotive Service Facility shall
be the responsibility of Concessionaire.
4.6 Access. To the extent permitted by this Agreement, the
Concessionaire has the right of free access, ingress to and
egress from the LeasedPremisesand parking areas for the
Concessionaire's employees, agents, guests, patrons and
invitees.
4.7 Occupancy of Leased Premise. The taking of possession of
the Leased Premises by the Concessionaire shall constitute
acknowledgement by the Concessionaire that the Leased
Premises are in good condition and suitable for occupancy by
Concessionaire.
A. The Concessionaire accepts all premises "as is" and
agrees to perform all needed maintenance at its sole
cost, except that the City shall perform all repairs
to the structure of and all mechanical systems in the
Terminal Building.
B. It is understood and agreed that the Concessionaire is
to make no material removals, additions or alterations
to the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation and that the Concessionaire shall provide all
counters, signs, gates or doors necessary for the use
of the Leased Premises in the Terminal Building for
the conduct of its business.
C. All construction and improvements including plans,
proposal, materials colors of materials, and designs
shall be submitted to the City, and the Concessionaire
shall not commence the construction of any improvements
5
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
on the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation.
D. The Concessionaire shall maintain in good repair and
in neat and clean condition all improvements,
construction or furniture, furnishings or equipment
placed on the Leased Premises or the Automotive Service
Facility. The Concessionaire shall be responsible for
the care of the Leases Premises and shall permit no
damage to existing improvements. No spikes, hooks,
nails, or any other device shall be driven or screwed
into the walls or other surfaces of the Leased Premises.
4.8 Maintenance and Use of Premises. Concessionaire shall at
all times maintain its Leased Premises in a neat, orderly,
sanitary and presentable condition and provide its own
janitor service. Leased Premises shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage the
Leased Premises. No flammable material shall be stored, nor
will the Leased Premises be used for any purpose which will
increase the rate of insurance thereon. At the end of the
term, the Concessionaire agrees to deliver the Leased
Premises to the City in the same condition as when
rented, normal wear and tear excepted.
No sign or advertisement of the Concessionaire or others
shall be affixed, kept or distributed on any part of the
Leased Premises unless such color, size, substance, style,
material and method of attachment shall be first approved by
the Director of Aviation. The City reserves the right to
remove, without notice to the Concessionaire, all signs or
advertisements not having prior approval.
The Concessionaire shall not permit any unlawful practice to
be committed on its Concession Premises nor to make or
permit any use of the same for any purpose not herein
authorized. The Concessionaire shall not use or permit the
use of said Concession Premises in any way which will
disturb other tenants or Concessionaires at said Airport.
The Concessionaire shall not interfere or permit to be done
anything which may interfere with the effectiveness or
accessibility of the utility, heating, ventilating or air
conditioning system, or portions thereof, on the Leased
Premises or elsewhere in said Airport, nor do or permit to
be done anything which may interfere with free access and
passage in the Leased Premises or the public areas
adjacent thereto, or in the street or sidewalks adjoining
such premises at said Airport, or hinder police, fire
fighting, or other emergency personnel in the discharge of
6
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
their duties.
The Concessionaire shall not do or permit to be done any act
or thing on its Leased Premises which will invalidate any
fire insurance policies required under this Agreement or
carried by the City covering the Terminal Building and ready
areas which, in the opinion of the City may constitute a
hazardous condition that will increase the risks normally
attendant upon the operations contemplated under this
Agreement. The Concessionaire shall promptly observe,
comply with and execute the provisions of any and all
present and future rules and regulations, requirements,
orders and directions of the City which may pertain or
apply to the operations in or on its Leased Premises.
The City shall furnish heating and air conditioning to the
Leased Premises in such degrees as is furnished to other
tenants in the same building area, and the City shall not be
liable for any failure to supply the same when such failure
is not due to negligence on its part. General area light
will be furnished by the City through the fixtures installed
for the general lighting of the area.
4.9 Compliance with Laws and Regulations. The Concessionaire
shall comply with all statutes, laws, ordinances, orders,
judgments, decrees, regulations, directions and requirements
of all federal, state, city and other governmental
authorities now or hereafter applicable to the Concession
Premises or to any adjoining public ways, as to the manner
or use or the condition of the Concession Premises and
Concessionaire's improvements thereon or of adjoining public
ways.
4 10 Repairs and Maintenance. The cost of maintenance and repair
of the Leased Premises and the Automotive Service Facility
shall be borne by the Concessionaire, except that the City
shall maintain and repair the structure and the mechanical
system of the Terminal Building.
4 11 Right to Enter, Inspect, and Make Repairs. The City and
its authorized officers, employees, agents, contractors,
subcontractors and other representatives shall have the
right (at such times as may be reasonable under the
circumstances and with as little interruption of the
Concessionaire's operations as is reasonably practicable) to
enter upon and in the Leased Premises for the following
purposes:
1. To inspect such premises to determine whether the
Concessionaire is in compliance with the terms and
conditions of this Agreement.
7
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
2. To perform maintenance and make repairs in any case where
the Concessionaire is obligated, but has failed to do so
after the City has given the Concessionaire reasonable
notice to do so, in which event the Concessionaire shall
reimburse the City for the reasonable cost thereof
promptly upon demand.
4.12 Surrender of Concession Premises. The Concessionaire
covenants and agrees that at the expiration of this
Agreement or at the earlier termination thereof, it will
quit and surrender the Concession Premises and the
improvements in good state and condition, reasonable wear
and tear, acts of God and other casualties excepted, and
the City shall have the right to take possession of the
Concession Premises and the improvements with or without
process of law.
v
CONCESSION FEE, RENTS, AND REPORTS
5.1 Definition of Gross Revenues. "Gross Revenues" as used
herein shall be defined as all receipts cash or credit from
all sources applicable to operation of Concessionaire's
rental services originating on the Concession Premises save
and except the following items:
A. Sums recovered from insurance or otherwise for damage to
automobiles or other property;
B. Any tax levied by any competent governmental authority
and separately stated and collected from
Concessionaire's customers. No deductions from "Gross
Revenues" shall be allowed from taxes levied on
Concession activities, equipment, or real or personal
property of Concessionaire;
C. Any amounts paid by customers of Concessionaire as
additional charges for wavier by Concessionaire of its
rights to recover from customer for damages to the
vehicle rented;
D. Any charges collected from customers for refueling an
automobile rented pursuant to a rental agreement under
which the customer is obligated to return the automobile
with the same amount of fuel furnished upon rental;
E. Sums recovered for intercity fees or drop charges;
F. Proceeds from sale of automobiles; or
G. Any local or national discounts to customers.
8
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
5.2 Concession Fee. Concessionaire shall on a monthly basis pay
to the City the greater of either 1.) the minimum monthly
guaranteed Concession fee, as it may increase over the life
of the contract or 2.) ten (10%) percent of the
Concessionaire's Monthly Gross Revenue over the life of the
contract. Minimum monthly fee for:
Year 1) $ 9,000
Year 2) $ 9,000
Year 3) $ 9,000
5 3 Revenue Payments and Activity Reports. The Concessionaire
shall file with the City on or before the 20th day of each
month a monthly report of Gross Revenues, certified by a
responsible officer of the Concessionaire, the report being
in such form as approved by or required by the Director of
Aviation.
5.4 Reports and Statements. Concessionaire shall submit a
monthly report of the number of cars delivered to and
returned by the Concessionaire's customers at the Concession
Premises. Such report shall show a daily breakdown by date
and day of week. City shall use the report to determine
traffic flow for planning and other management purposes.
Within sixty (60) days after the close of each contract year
hereunder, Concessionaire shall furnish to the City, a sworn
statement showing the total of Gross Revenues at the
Concession Premises for the contract year.
The Concessionaire shall have the right to conduct part of
its operations on a credit basis and shall report all
income, both cash and credit in its monthly statement of
Gross Revenues. Concessionaire shall report chargebacks for
nonpayment of fees based on credit transactions not later
than ninety (90) days from the date of transaction. Credit
allowed Concessionaire under this provision shall be only on
the same basis as payments to the City as defined under
Section 5.1 of this Agreement. Adequate proof of
chargebacks must be furnished for all credit claimed.
5.5 Terminal Space Rental Payments. The Concessionaire agrees
to pay the City, monthly in advance on or before the tenth
(10th) day of the month for which the rent is due, the same
rental rate per square foot per annum for floor space in
Terminal Building as paid by air carrier tenants for like
space, which rate currently is $21.47 per square foot per
year for office space. At such time as the air carrier
tenants rates are adjusted this Agreement will automatically
9
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
be adjusted to the same rental rate. If the rate increase
occurs during the Agreement year the rent will be pro -rated.
5 6 Ready and Return Car Parking Space Rent. The
Concessionaire also agrees to pay the City, monthly in
advance on or before the tenth day of the month for which
rent is due, for each parking space taken by the
Concessionaire under 4.2 and 4.3. The licensing rate
therefor shall be Fifteen Dollars ($15.00) per month for
each space, and the number of such spaces rented may vary
during the term hereof in accordance with this Agreement.
5.7 Automotive Service Facilities Rent. The Concessionaire also
agrees to pay the City, monthly in advance on or before
the tenth (10th) day of the month for which rent is due,
$0.12 per square foot per year, divided into twelve (12)
equal monthly payments. The land rental rate may be
increased by the City upon thirty (30) days written notice
to Concessionaire. The land rental rate increase shall not
exceed $0.10 per square foot per year.
5.8 Adjustment of Rental Rate. The rental rate under 5.6 and
5.7 above will be reviewed every 3 years on Agreement
anniversary date for adjustment.
5.9 Prompt Payment of Taxes and Fees. Concessionaire covenants
and agrees to pay promptly all lawful ad valorem or general
taxes, special assessments, excises, license fees and permit
fees, of whatever nature, applicable to its operation at the
Concession Premises and to obtain and keep current all
licenses, municipal, state or federal, required for the
conduct of its business at and upon said Concession
Premises, and further covenants and agrees not to permit any
of said taxes, assessments, excises, fees or charges to
become delinquent.
5.10 Service Charge. All unpaid fees due the City shall bear a
service charge of one and one-half (1.5%) percent per month
if same are not paid and received by the City by the 30th of
the month in which payments are due, and the Concessionaire
agrees that it shall pay and discharge all costs and
expense, including reasonable attorney's fees, incurred or
expended by the City in collection of such delinquent
amounts due.
5.10 Fee and Rent Payment Bond. The Concessionaire shall furnish
prior to commencement date of the term of the Agreement a
letter of credit, certificate of deposit, or performance
bond in the principal amount of the highest three(s) months
worth of minimum guaranteed concession fee rounded to the
nearest one thousand dollars. This letter of credit,
certificate of deposit, or bond shall guarantee the payment
10
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
of the concession fee, rent, and Concessionaire's other
obligations to pay as provided herein. A letter of credit
or bond shall be in a form agreeable to the City and shall
be kept in full force and effect during the term hereof. A
certificate of deposit shall be endorsed to and held by the
City, and shall be in full force and effect during the term
hereof. Concessionaire shall receive all interest income
from any such certificate of deposit.
5.11 Underground Storage Tank Deposit. Concessionaire shall
furnish prior to commencement date of this Agreement a
letter of credit, certificate of deposit or payment bond in
the amount of $10,000 for each different underground storage
tank site located at its Automotive Service Facility. If
all underground storage tanks are closely grouped together
that shall be one site, if some tanks are located more than
50 feet from other tanks, without other tanks in between,
that shall be considered multiple sites, requiring multiple
deposits. The letter of credit, certificate of deposit or
payment bond shall remain in full force and effect during
the term of this Agreement. A letter of credit or bond
shall be in a form acceptable to City. A certificate of
deposit shall be endorsed to and held by City.
Concessionaire shall receive all interest income from any
such certificate of deposit.
5.12 Retention of Records. Concessionaire agrees that it will
keep available for the benefit of the City, for a period of
two years after each year of the term hereof, the books and
records of accounts of Concessionaire for each year, showing
Gross Revenues of Concessionaire from business conducted at
the Concession Premises, the deductions therefrom, and other
pertinent information required by the provisions of this
Agreement. The books and records of account shall be
accessible during usual business hours to the City or its
duly authorized agents or auditors, for the purpose of
verifying the information set forth in any certified annual
statement or for the purpose of verifying compliance by
Concessionaire with the terms of this Agreement but for no
other purpose.
5.13 Notice, Place and Manner of Payments. Payments shall be
made at Corpus Christi International Airport, 1000
International Drive, Corpus Christi, Texas 78406, or at
such other place in the City as the City may hereafter
notify the Concessionaire, and shall be made in legal tender
of the United States.
5.14 Temporary Reduction of Minimum Monthly Guaranteed Concession
Fees. In the event that one of the following conditions
exists during the term of the Agreement, the minimum
monthly guaranteed concession fee provided for may be
11
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
reduced for the period of time the condition continues to
exist:
A. The operation of Concessionaire's car rental business
at the Concession Premises is affected by shortages or
other disruptions, including but not limited to rationing
or other methods of allocations, in the supply of
automobile gasoline or other goods necessary for the
operations thereof, resulting in the diminution
of Concessionaire's Gross Revenue hereunder in an amount
of thirty percent (30%) for a period thirty (30) or more
consecutive days;
B. If for any reason the number of passengers deplaning from
scheduled airline flights or regular commuter flights at
said Airport during any period of thirty (30) or more
consecutive days shall be less than seventy percent (70%)
of the number of such deplaning passengers in the same
month during the preceding calendar year; or
Before any such reduction shall be authorized,
Concessionaire must submit proof and substantiation of
such diminution and the cause thereof to the Director
of Aviation so it may properly determine whether such
reduction is necessary and not attributable to conditions
within the control of Concessionaire's managers, agents,
and employees.
VI
CONCESSIONAIRE'S OPERATIONS, RIGHTS, AND RESPONSIBILITIES
6.1 Customary and Usual Services. The operational rights
granted herein shall be used by the Concessionaire for the
purpose of providing all customary and usual services
incidental to the rental of passenger automobiles at the
Concession Premises and for the purpose of arranging for
such services for the public using said Airport, at such
other destinations where automobile rental service is
furnished by the Concessionaire.
6.2 Quiet and Peaceable Possession. Subject to the provisions
of this Agreement, the City covenants that Concessionaire,
upon payment of the concession fee, rentals, and otherwise
performing its covenants and obligations hereunder, shall
have quiet and peaceable possession of the Concession
Premises.
6.3 Conduct of Operations. The Concessionaire covenants and
agrees that it will perform the herein permitted services in
a professional manner by adhering to high standards of
operation including but not necessarily limited to the
12
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
following:
A. The Concessionaire shall be open for and shall conduct
business and furnish services seven (7) days a week for
all regularly scheduled airline flights at the Concession
Premises.
B. The Concessionaire shall select and appoint a manager of
the Concessionaire's operation at the Concession
Premises who shall be a qualified and experienced
manager or supervisor vested with full power and
authority, in respect to the conduct of the operations
at the Concession Premises. The manager or supervisor
shall be assigned to a duty station or office at the
Concession Premises where he/she shall ordinarily be
available during regular business hours.
6.4 Non -Discrimination. The Concessionaire in exercising any of
the rights or privileges herein granted, shall not on the
grounds of race, sex, creed or national origin, discriminate
or permit discrimination against any person or group of
persons in any manner prohibited by Part 21 of the
Regulations of the Secretary of Transportation. The City is
hereby granted the right to take such action, anything to
the contrary herein notwithstanding, as the United States
may direct to enforce this nondiscrimination covenant.
6.5 Provision of Services. Concessionaire shall furnish high
quality, prompt, and efficient services adequate to meet
all reasonable demands therefore at said Airport. The
Concessionaire may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type
of price reductions if permitted by law or by other
provisions of this Agreement.
The Concessionaire shall provide and maintain the rental
automobiles made available hereunder at the Concessionaire's
sole expense, in good operative order, free from known
mechanical defects, and in a clean, neat and attractive
condition, inside and outside. None of the foregoing is
intended by the City as a warranty but rather as a
general standard of operations for Concessionaires.
The Concessionaire shall make available at the Concession
Premises only new and late model automobiles in such manner
as is required by the reasonable demand for same.
The Concessionaire covenants that it shall take all
reasonable measures in every proper manner to maintain,
develop and increase the business conducted by it hereunder,
and the Concessionaire shall not divert or cause or allow
any business to be diverted from the Concession Premises by
13
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
referral or any other method. Any action taken by the
Concessionaire to induce its patrons to rent or receive
vehicles in such a manner and at such places so as to
diminish the Gross Revenues of the Concessionaire under this
Agreement shall constitute a material breach hereof and a
cause for the termination of this Agreement by the City.
The Concessionaire's personnel performing services hereunder
shall be distinctively uniformed, neat, clean and courteous.
The Concessionaire's oral solicitation of business at the
Concession Premises shall be confined to such locations on
the Concession Premises as the Concessionaire and the
Director of Aviation shall mutually agree as being
sufficient to properly serve the needs of the
Concessionaire. The Concessionaire shall prohibit and
restrain its agents, servants, and employees from loud,
noisy, boisterous or otherwise objectionable promotion of
the services offered, and upon objection from the City
concerning the conduct or appearance of any such persons,
shall immediately take all steps reasonably necessary to
remove the cause of the objection.
6.6 Auditable Records. The Concessionaire shall at all times
during the term hereof keep at the Concession Premises true,
accurate, complete, and auditable records. Reports to the
City shall be in a form satisfactory to the City and
shall include all business conducted at the Concession
Premises, and the Concessionaire further agrees that the
City shall have the right, through its duly authorized
agents or representatives, to examine all pertinent books
and records at any and all reasonable times for the purpose
of determining the accuracy thereof and of the reports
required to be made by the Concessionaire under the
provisions of this Agreement. The making of any willfully
false report of Gross Revenues by the Concessionaire shall
be grounds for the immediate cancellation and termination of
this Agreement at the option of the City.
6.7 Noncompliance. Noncompliance with any portion of Article VI
shall constitute a material breach of this Agreement, and in
the event of noncompliance or continued and substantial
noncompliance, the City shall have the right to terminate
this Agreement.
VII
INSURANCE AND INDEMNIFICATION
7.1 Liability Insurance. The Concessionaire at its expense at
all times during the term hereof, shall cause the City and
the Concessionaire to be insured on an occurrence basis,
under policies no more restrictive than the standard form of
14
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
comprehensive liability policy, against the claims of any
and all persons for personal or bodily injury in a sum of
not less than one million dollars for any one person or
occurrence occurring on the Leased Premises or incidental to
the operations of the Concessionaire hereunder, and not less
than two hundred thousand dollars ($200,000.) for each
occurrence for property damage. Such insurance shall
specifically insure the obligations of the Concessionaire
to indemnify the City. Insofar as the insurance provides
protection against liability for damages to third party for
personal or bodily injury, death and property damage, the
City shall be included as named insured; provided, however,
such liability insurance coverage shall also extend to
damage, destruction and injury to City owned or leased
property and City personnel and caused by, or resulting from
work, acts, operations or omission of the Concessionaire,
its officers, agents and employees. The City shall have no
liability for any premiums charged for such coverage, and
the inclusion of the City as a named insured is not intended
to, and shall not, make the City a partner or joint venturer
with the Concessionaire in its operations at the Concession
Premises.
7.2 Future Insurance Requirements. The Concessionaire and the
City understand and agree that the minimum limits of the
insurance herein required may become inadequate, and the
Concessionaire agrees that it shall increase such minimum
limits upon receipt of notice in writing from the City.
Such notices of change shall, in general, be issued with
no more frequency than every two years of the term of this
Agreement; however, the City may take note of
indemnification awards being granted by the courts and
direct an increase in the minimum limits of the insurance
requirements at any time during the lease term, such
increases, if any, will be limited to ten (10%) percent of
the rate in effect at the time of the increase.
7.3 Hazard Insurance. Concessionaire at its expense shall carry
hazard insurance in the minimum amount of eighty (80%)
percent of fair market value of the improvements of the
Automobile Service Facility as shown on Exhibit C.
7.4 Limitation as to Policies. All policies of insurance
required herein shall name the City as additional insured
and be in a form and with a company or companies approved by
the City, and qualified to do insurance business in the
State of Texas. Each such policy shall provide that the
policy may not be materially changed, altered or canceled by
the insured or insurer during its term without first giving
thirty days written notice to the City.
15
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
7.5 Evidence of Insurance. Certificates, or other evidence of
insurance coverage required of the Concessionaire in this
Article, shall be delivered to the City in form and content
satisfactory to the City. At least thirty days (30) prior
to the expiration of any such policy, the Concessionaire
shall submit to the City a certificate showing such
insurance has been renewed or replaced. If such coverage is
canceled or reduced, the Concessionaire shall, within
fifteen (15) days after the date of such written notice from
the insurer of such cancellation or reduction of coverage,
file with the City a certificate showing that the required
insurance has been reinstated or provided through another
insurance company or companies. Copies of all insurance
policies shall be promptly provided to the City upon City's
written request.
7.6 Adjustment of Claims. Concessionaire shall provide for the
prompt and efficient handling of all claims for bodily
injury, property damage or theft arising out of the
activities of Concessionaire under this Agreement.
Concessionaire agrees that all such claims, whether
processed by Concessionaire or its insurer either directly
or by means of an agent, will be handled by a person or
representative of the Concessionaire.
7.7 Conditions of Insurance Default. If at any time the
Concessionaire shall fail to obtain the insurance as
required herein, the City may obtain such insurance by
taking out policies with companies satisfactory to the City.
The amount of the premiums paid for such insurance by the
City shall be payable by the Concessionaire to the City with
the installment of rent thereafter next due under the terms
of this Agreement, with interest thereon at the rate of
eight percent (8%) per annum.
7.8 Indemnification. Concessionaire agrees it will indemnify
and hold and save City harmless of, from and against all
claims, demands, actions, damages, loss, cost, liabilities,
expenses and judgment recovered from or asserted against
City on account of injury or damage to person or property to
the extent that any such damage or injury may be incident
to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act, omission,
negligence or misconduct on the part of Concessionaire or
any of its agents, servants, employees, contractors,
patrons, guests, licensees or invitees, or when any such
injury or damage is the result, proximate or remote, of the
occupancy or use by Concessionaire, its agents, servants,
employees, contractors, patrons, guests, licensees or
invitees of the Leased Premises pursuant to the activities
contemplated by this Rent-A-Car Concession Agreement,
regardless of whether the City is solely negligent,
16
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
contributorily or concurrently negligent.
Concessionaire covenants and agrees that in case City shall
be made a party to any litigation against Concessionaire or
in any litigation commenced by any party other than relating
to this Agreement or to the Leased Premises, then
Concessionaire shall and will pay all costs and expenses,
including reasonable attorney's fees and court costs,
incurred by or imposed upon City by virtue of any such
litigation. These terms of indemnification shall be
effective unless such damage or injury may result from gross
negligence or willful misconduct of City.
VIII
AUTOMOTIVE SERVICE FACILITY
8.1 Location. Concessionaire shall maintain the Automotive
Service Facility at the Airport on Lot(s) 3 & 3A as shown
on Exhibit C.
8.2 Utilities. Concessionaire shall pay all charges for water,
gas, electric power, and sewage service consumed on Lot(s)
3 & 3A during the term of this Agreement, at regularly
established rates.
8.3 Use. Lot(s) 3 & 3A shall be used solely for the
maintenance, service, and storage of Concessionaire's
vehicles, and neither Concessionaire nor any of its agent
servants, or employees shall provide or furnish maintenance,
service, or storage of any kind to the general public.
8.4 Fixed Improvements. The term "Fixed Improvements" shall be
defined herein as all buildings and other structures erected
upon Lot(s) 3 & 3A and all property, excluding trade
fixtures, which is so attached to any Fixed Improvements
on lot(s) 3 & 3A that same may not be removed without
material injury to Lot(s) 3 & 3A or the Fixed Improvements
to which same shall be attached.
Title to said Fixed Improvements shall during the term of
this Agreement be in Concessionaire. Upon expiration of
this Agreement Concessionaire shall have thirty (30) days
after written notice from the City to remove said Fixed
Improvements and repair any damage to the Premises caused by
such removal at its expense. If said Fixed Improvements
are not removed within the thirty (30) days, title shall
vest in the City. Should Concessionaire terminate this
Agreement without the consent of the City prior to its
expiration, title to said Fixed Improvements shall
immediately vest in the City.
17
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
8 5 Trade Fixtures. The term "Trade Fixtures" shall be defined
herein to include, but not be limited to, any signs; all
machinery and equipment used in connection with the
servicing of automotive vehicles in or about Lot(s) 3 & 3A
whether or not such machinery or equipment is bolt or
otherwise attached to said Premises; and all other
miscellaneous equipment installed in or placed on or about
the Automotive Service Facility and used in connection
with Concessionaire's business therein.
Title to all Trade Fixtures shall be and remain in
Concessionaire, and may be removed by Concessionaire within
thirty (30) days after written notice by the City after
expiration or termination of this Agreement. Concessionaire
shall, at its own expense, repair any damage to the Premises
caused by such removal.
8.6 Maintenance. Concessionaire shall at all times maintain the
Automotive Service Facility in a neat, orderly, sanitary,
and presentable condition and provide its own janitor
service. The Automotive Facility shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage same.
Concessionaire shall properly dispose of all waste oil,
hazardous materials, if any, and used tires off the Leased
Premises. Concessionaire shall be required to maintain
quarterly reports on how much waste oil, hazardous
materials - with type and volume specifically identified, if
any, and how many used tires have been disposed of, method
of disposal, name and location of place where disposal
occurred, on the form attached hereto as Exhibit D, as same
may be amended from time to time.
IX
GENERAL PROVISIONS
9.1 Assignment and Subletting. The Concessionaire agrees not to
sublet the Concession Premises, or any part thereof, or any
of the facilities described herein, nor assign this
Agreement or any portion of the term hereof, without the
prior written consent of the City. Such consent shall not
be arbitrarily withheld, provided however any successor,
sublessee or assignee of an interest in this Agreement must
meet all pertinent requirements as outlined herein.
9.2 Liens and Claims, Mechanic's and Materialman's. The
Concessionaire agrees not to permit any mechanic's,
materialman's, or any other lien to be foreclosed upon the
Concession Premises or any part or parcel thereof, or the
18
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
improvements thereon, by reason of any work or labor
performed or materials furnished by any mechanic or
materialman or for any other reason.
9.3 No Personal Liability. No director, officer, employee, or
other agent of either party shall be personally liable under
or in connection with this Agreement while performing in
good faith the duties therein.
9.4 Agreements with the United States. This Agreement is
subject and subordinate to the provisions of any agreements
heretofore made between the City and the United States,
relative to the operation or maintenance of said Airport,
the execution of which has been required as a condition
precedent to the expenditure of Federal funds for the
extension, expansion, or development of said Airport.
9.5 Modification for Granting Funds. In the event that the
Federal, State, or Local Government requires, as a condition
precedent to provision of funds for the improvement of the
Airport, modifications or changes to this Agreement,
Concessionaire agrees to consent to such reasonable
amendments, modifications, revisions, supplement, or
deletions of any of the terms, conditions or requirements of
this Agreement, as may be reasonably required to enable the
City to obtain said funds, provided that in no event shall
such changes impair the rights of Concessionaire.
9.6 Governing Law. This Agreement shall be deemed to have been
made in, and be construed in accordance with the laws of
the State of Texas.
9.7 Notices/Address. Except as herein otherwise expressly
provided, all notices required to be given to the City or
Concessionaire hereunder shall be in writing and shall be
sent by certified mail, return receipt requested, to:
Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Concessionaire: Phil W. Ridgeway, Jr.
Title: President
Address: 335 Pinson Drive
City: Corpus Christi, Tx 78403
Either party may designate in writing from time to time any
changes in addresses or any addresses of substitute or
supplementary persons in connection with said notices. The
effective date of service of any notice shall be the date
such notice is received by either party.
9.8 Amendments. This Agreement may be amended from time to time
by written agreement executed by duly authorized
representatives of all the parties hereto.
9.9 Force Majeure. Neither the City nor Concessionaire shall be
19
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
deemed in violation of this Agreement should it be prevented
from performing any of the obligations hereunder by reason
of shortage of material, acts of God, acts of the public
enemy, acts of superior governmental authority, weather
conditions, riots, rebellion, sabotage, or any other
circumstances for which it is not responsible or which is
not within its control.
9.10 Invalid Provisions. In the event that any covenant,
condition or provision herein contained is held to be
invalid by a court of competent jurisdiction, the invalidity
of any such covenant, condition, or provision shall in no
way affect any other covenant, condition, or provision.
9.11 Headings. The headings of the Sections of this Agreement
are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope
or intent of any provisions of this Agreement and shall not
be construed to affect in any manner the terms and
provisions hereof or the interpretation or construction
hereof.
9.12 Required Approvals. Whenever the approval of the City
or of Concessionaire is required, no such approval shall
be unreasonably requested or withheld.
9.13 Successors and Assigns. All of the terms, provisions,
covenants, stipulations, conditions, and considerations of
this Agreement shall extend to and bind the legal
representative, successors, sublessees, and assigns of the
respective parties hereto.
9.14 Rights Cumulative. The rights and remedies of the City and
the Concessionaire specified in this Article are not
intended to be, and shall not be exclusive of one another or
exclusive of any common law right of either of the parties
hereto.
9 15 Waivers. No waiver of default by either party of
covenants, and conditions hereof to be performed,
observed by the other party shall be construed as
operate as, a waiver of any subsequent default of
terms, covenants, or conditions herein contained,
performed, kept and observed by the other party.
9 16 Gratuities. The City may cancel this Agreement should it be
found that gratuities in the form of entertainment, gifts or
otherwise, were offered or given by the Concessionaire or
any of its agents or representatives, to any City official
or employee with a view toward securing the rights and
privileges granted herein or toward securing favorable
treatment with respect to the wording, amending or making of
any terms,
kept and
, or
any of the
to be
20
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
any determinations with respect to the performance of the
Agreement. In the event this Agreement were to be canceled
by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to
recover from the Concessionaire a sum equal in amount to the
cost incurred by Concessionaire in providing such
gratuities.
9.17 Terminal Construction. It is recognized that conditions may
change in the Airport making it necessary and desirable for
the benefit of the traveling public to revise, move,
rearrange, or reconstruct all or part of the Terminal. In
such event, it is agreed that the City shall have the right
to move the Concessionaire's premises to another location,
provided the substitute premises are comparable to the
premises described herein and provided further, that any
such move for the convenience of the City shall be at no
expense to the Concessionaire. In such event,
Concessionaire will not be required to close down its
currently occupied premises until it can move into the new
facility.
9.18 Entire Agreement. This Agreement, together with all
exhibits attached hereto, constitutes the entire Agreement
between the parties hereto and all other representations or
statement heretofore made, verbal or written, are merged
herein and this Agreement may be amended only in writing,
and executed by duly authorized representatives of the
parties hereto.
Signed this day of , 1991.
ATTEST: CITY OF CORPUS CHRISTI:
BY BY
Armando Chapa, City Secretary
Approved r , 1991 by
James R. Bray, City Attorney
BY, �.(l%:c ,:1�t.�7I,C
Assistant City Attorney
Juan Garza, City Manager
CONCESSIONAIRE:
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INTERNATIONAL DRIVE
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
Month:
Name:
Title:
EXHIBIT D
Waste Oil:
Volume
Method of disposal
Name and location of place of disposal
Used Tires:
Volume
Method of disposal
Name and location of place of disposal
Hazardous materials, if any:
Type
Volume
Method of disposal
Name and location of placed disposal
I
(Name) (Title)
of Company do hereby certify that
the above (Rent-A-Car) information is true and correct and I am
in a position of authority to have such knowledge.
PITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
DOLLAR SYSTEM, INC.
dba Dollar Rent-A-Car
RENT -A -CAR CONCESSION AGREEMENT
I
The Concession Premises are defined as: the Leased Premises
allocated to Concessionaire within the Airport Terminal Building
as identified on Exhibit A, attached hereto and made a part
hereof for all purposes; a proportionate share of the total yent-
a -car parking spaces shown on Exhibit B, attached hereto and make
a part hereof for all purposes, as allocated by the Director of
Aviation to Concessionaire under the terms of this Agreement;
the parking space from the ready rent -a -car parking lot under the
canopy illustrated on Exhibit B; and the commercial building site
for use as an Automotive Service Facility as shown on Exhibit C,
attached hereto and made a part hereof for all purposes.
This Concession shall provide passenger automobile rental
services for proper accommodation of passengers arriving at and
departing from the Concession Premises at Corpus Christi
International Airport, 1000 International Drive, Corpus Christi,
Texas, and shall be in accordance with the terms and conditions
stipulated herein.
II
TERM OF AGREEMENT
The term of this Agreement shall be for a period of three
(3) years commencing sixty (60) days after final approval by the
City Council. Upon expiration of the original term,
Concessionaire shall be allowed to hold over for such period as
may be necessary to re -let bids. Such holdover period shall be
on a month-to-month basis under the same terms and conditions of
the expired lease. Fees to be paid City during such holdover
period shall be based on the third (3rd) year concession fee rate
as set forth hereinafter.
III
TERMINATION AND REPOSSESSION
3.1 Termination of Agreement by City. The City may declare this
Agreement terminated in its entirety, in the manner provided
in Section 3.3 of this Agreement, upon the happening of
any one or more of the following events and may exercise all
rights of entry and re-entry upon the premises with or
without process of law:
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Nonpayment: If the rentals, fees, charges or other
money payments which the Concessionaire herein agrees
to pay, or any part thereof, shall be unpaid after the
date that same shall become due;
B. Insolvency Proceedings: If, during the term of this
Agreement, the Concessionaire shall:
1. Apply for, or consent to the appointment of a
receiver, trustee or liquidator of all or a
substantial part of its assets;
2. File a voluntary petition in bankruptcy, or admit
in writing its inability to pay its debts as they
come due;
3. Make a general assignment for the benefit of
creditors;
4. File a petition or an answer seeking reorganization
or arrangement with creditors, or to take advantage
of an insolvency law; or
5. File an answer admitting the material allegations
of a petition filed in bankruptcy, reorganization
or insolvency proceedings; or if during the term
of this Agreement an order, judgment or decree
shall be entered by any court of competent
jurisdiction, on the application of a creditor
adjudicating Concessionaire as bankrupt or
insolvent, or approving a petition seeking a
reorganization of Concessionaire, and such order,
judgment or decree shall continue unstayed and in
effect for any period of ninety (90) consecutive
days.
C. Default: Should the Concessionaire fail in the
performance of any covenant or condition herein
required to be performed by the Concessionaire.
Except as otherwise provided in Section 3.1, the term
of this Agreement and all right, title, and interest
of the Concessionaire shall expire on the date set
forth in the notice of termination. Failure by the
City to take any action upon default by the
Concessionaire shall not constitute waiver of the
City's right of termination.
3.2 Termination of Agreement by Concessionaire. The
Concessionaire may declare this Agreement terminated in its
entirety, in the manner provided in Section 3.3 of this
Agreement, for the following causes:
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Restraining Use of Airport: Should a court or
regulatory agency of competent jurisdiction issue an
injunction or restraining order against the City
preventing or restraining the use of the Airport
for airport purposes in its entirety or substantial
entirety.
B. Abandonment of Airport: Should the City abandon the
Airport for a period of at least thirty (30) days and
fail to operate and maintain an Airport in such manner
as to permit landings and takeoffs of planes by
scheduled air carriers;
C. Destruction or Limitation at the Airport: In the event
of destruction of all or a material portion of the
Airport or its facilities, or in the event that any
agency or instrumentality of the United States
Government or any state or local government were
to occupy the Airport or a substantial part thereof,
or in the event of military mobilization or public
emergency wherein there is a curtailment (either by
executive decree or legislative action) of normal
civilian traffic at the Airport or of the use of
motor vehicles or airplanes by the general public or in
the event of a limitation of the supply of automobiles
or of automobile fuel, supplies or parts for general
public use, or in the event of shortage of materials;
provided however, that any of the said events shall
result in material interference with Concessionaire's
normal business operations or substantial diminution
of Concessionaire's Gross Revenues from the Concession
Premises for a period in excess of sixty (60) days.
D. Default: Should the City fail to perform any covenant
or condition within the control of the City herein
required to be performed by the City.
3.3 Procedure For Termination or Repossession. No termination
declared by either party shall be effective unless and
until forty-five (45) days have elapsed after written notice
has been sent by either party specifying the date upon which
such termination shall take effect and the cause for which
this Agreement is being terminated. No such termination
against the City shall be effective if such cause of
default as determined by the City can be cured within
such forty-five (45) days and if the City corrects same as
promptly as reasonable practicable.
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
IV
CONCESSION PREMISES
4.1 Terminal Space. The City leases to the Concessionaire, and
the Concessionaire takes from the City, space allocated in
the Airport Terminal Building, identified in Exhibit A as
attached hereto (herein called the "Lease Premises").
Concessionaire will be allowed to retain counter and office
space presently occupied, or will be assigned to available
space to the extent space is available. No additional
space is available for this function at the Airport. The
parties covenant and agree that the City after giving
sixty days (60) notice in writing, may relocate at its
expense the Leased Premises and Concessionaire's equipment
to other comparable space, as determined by the Director of
Aviation at the Airport.
4.2 Rent-A-Car Space. The City leases to Concessionaire and
Concessionaire leases from the City, a proportionate share
of the total ready rent -a -car parking spaces shown in
Exhibit B attached hereto (herein called "Ready
Space"), initially allocated on the basis of the minimum
annual concession fee guarantee as bid by Concessionaires
for the first (1st) year. If requested by at least one of
the Concessionaires conducting business pursuant to
concession agreements with the City, the proportionate share
of the ready Rent-A-Car spaces shall be adjusted upon each
twelve (12) month anniversary of this Agreement during the
term hereof. Space shall be allocated in direct proportion
to the volume of each Concessionaire's gross payment to
the City during the preceding twelve (12) month period, as
compared to the aggregate gross payments to the City of all
passenger automobile rental Concessionaires conducting
business pursuant to concession agreement with City.
4.3 Canopy -Rent -A -Car -Space. The
and the Concessionaire leases
space in the ready rent -a -car
canopy illustrated in Exhibit
Space").
City leases to Concessionaire,
from the City, one parking
parking lot area under the
B (herein called "Canopy
4.4 Relocation of Ready Space and Canopy Space. The City
reserves the right to relocate said ready space and canopy
space assigned to the Concessionaire in accordance with
reasonable needs of the City for changes in use of the
Concession Premises as may be made during the term of this
Agreement. During the term of this Agreement contract
traffic projections indicate the possible need to extend the
bag claim area; which will require removal of a portion of
the "Ready Car" area. In this event the spaces continuing
in use will be distributed on the basis of percent of
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
business at Corpus Christi International Airport. Bona fide
employees of Concessionaire will be permitted to park at
Airport free of charge, unless additional employee
parking has to be constructed at which time employees may be
required to pay a monthly rate of up to $15.00.
4 5 Automotive Service Facility. The City leases to
Concessionaire, and the Concessionaire leases from the City,
40,000 square feet as designated by the Director of Aviation
shown on Exhibit C attached hereto and made a part hereof
for all purposes (herein called the "Automotive Service
Facility") for the use of Concessionaire for a commercial
building site for use as an automotive service facility
at the Airport. Title to all improvements, except for trade
fixtures, equipment, and personal property, constructed for
the Automotive Service Facility shall transfer to the City
as provided in Section 8.4. All risk of loss taxes,
assessments, fees, or utilities resulting from the
construction or use of the Automotive Service Facility shall
be the responsibility of Concessionaire.
4.6 Access. To the extent permitted by this Agreement, the
Concessionaire has the right of free access, ingress to and
egress from the Leased Premises and parking areas for the
Concessionaire's employees, agents, guests, patrons and
invitees.
4.7 Occupancy of Leased Premise. The taking of possession of
the Leased Premises by the Concessionaire shall constitute
acknowledgement by the Concessionaire that the Leased
Premises are in good condition and suitable for occupancy by
Concessionaire.
A. The Concessionaire accepts all premises "as is" and
agrees to perform all needed maintenance at its sole
cost, except that the City shall perform all repairs
to the structure of and all mechanical systems in the
Terminal Building.
B. It is understood and agreed that the Concessionaire is
to make no material removals, additions or alterations
to the Leased Premises without the prior written
approval of tha City as determined by the Director of
Aviation and that the Concessionaire shall provide all
counters, signs, gates or doors necessary for the use
of the Leased Premises in the Terminal Building for
the conduct of its business.
C. All construction and improvements including plans,
proposal, materials colors of materials, and designs
shall be submitted to the City, and the Concessionaire
shall not commence the construction of any improvements
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
on the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation.
D. The Concessionaire shall maintain in good repair and
in neat and clean condition all improvements,
construction or furniture, furnishings or equipment
placed on the Leased Premises or the Automotive Service
Facility. The Concessionaire shall be responsible for
the care of the Leases Premises and shall permit no
damage to existing improvements. No spikes, hooks,
nails, or any other device shall be driven or screwed
into the walls or other surfaces of the Leased Premises.
4.8 Maintenance and Use of Premises. Concessionaire shall at
all times maintain its Leased Premises in a neat, orderly,
sanitary and presentable condition and provide its own
janitor service. Leased Premises shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage the
Leased Premises. No flammable material shall be stored, nor
will the Leased Premises be used for any purpose which will
increase the rate of insurance thereon. At the end of the
term, the Concessionaire agrees to deliver the Leased
Premises to the City in the same condition as when
rented, normal wear and tear excepted.
No sign or advertisement of the Concessionaire or others
shall be affixed, kept or distributed on any part of the
Leased Premises unless such color, size, substance, style,
material and method of attachment shall be first approved by
the Director of Aviation. The City reserves the right to
remove, without notice to the Concessionaire, all signs or
advertisements not having prior approval.
The Concessionaire shall not permit any unlawful practice to
be committed on its Concession Premises nor to make or
permit any use of the same for any purpose not herein
authorized. The Concessionaire shall not use or permit the
use of said Concession Premises in any way which will
disturb other tenants or Concessionaires at said Airport.
The Concessionaire shall not interfere or permit to be done
anything which may interfere with the effectiveness or
accessibility of the utility, heating, ventilating or air
conditioning system, or portions thereof, on the Leased
Premises or elsewhere in said Airport, nor do or permit to
be done anything which may interfere with free access and
passage in the Leased Premises or the public areas
adjacent thereto, or in the street or sidewalks adjoining
such premises at said Airport, or hinder police, fire
fighting, or other emergency personnel in the discharge of
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
their duties.
The Concessionaire shall not do or permit to be done any act
or thing on its Leased Premises which will invalidate any
fire insurance policies required under this Agreement or
carried by the City covering the Terminal Building and ready
areas which, in the opinion of the City may constitute a
hazardous condition that will increase the risks normally
attendant upon the operations contemplated under this
Agreement. The Concessionaire shall promptly observe,
comply with and execute the provisions of any and all
present and future rules and regulations, requirements,
orders and directions of the City which may pertain or
apply to the operations in or on its Leased Premises.
The City shall furnish heating and air conditioning to the
Leased Premises in such degrees as is furnished to other
tenants in the same building area, and the City shall not be
liable for any failure to supply the same when such failure
is not due to negligence on its part. General area light
will be furnished by the City through the fixtures installed
for the general lighting of the area.
4 9 Compliance with Laws and Regulations. The Concessionaire
shall comply with all statutes, laws, ordinances, orders,
judgments, decrees, regulations, directions and requirements
of all federal, state, city and other governmental
authorities now or hereafter applicable to the Concession
Premises or to any adjoining public ways, as to the manner
or use or the condition of the Concession Premises and
Concessionaire's improvements thereon or of adjoining public
ways.
4.10 Repairs and Maintenance. The cost of maintenance and repair
of the Leased Premises and the Automotive Service Facility
shall be borne by the Concessionaire, except that the City
shall maintain and repair the structure and the mechanical
system of the Terminal Building.
4.11 Right to Enter, Inspect, and Make Repairs. The City and
its authorized officers, employees, agents, contractors,
subcontractors and other representatives shall have the
right (at such times as may be reasonable under the
circumstances and with as little interruption of the
Concessionaire's operations as is reasonably practicable) to
enter upon and in the Leased Premises for the following
purposes:
1. To inspect such premises to determine whether the
Concessionaire is in compliance with the terms and
conditions of this Agreement.
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
2. To perform maintenance and make repairs in any case where
the Concessionaire is obligated, but has failed to do so
after the City has given the Concessionaire reasonable
notice to do so, in which event the Concessionaire shall
reimburse the City for the reasonable cost thereof
promptly upon demand.
4 12 Surrender of Concession Premises. The Concessionaire
covenants and agrees that at the expiration of this
Agreement or at the earlier termination thereof, it will
quit and surrender the Concession Premises and the
improvements in good state and condition, reasonable wear
and tear, acts of God and other casualties excepted, and
the City shall have the right to take possession of the
Concession Premises and the improvements with or without
process of law.
V
CONCESSION FEE, RENTS, AND REPORTS
5.1 Definition of Gross Revenues. "Gross Revenues" as used
herein shall be defined as all receipts cash or credit from
all sources applicable to operation of Concessionaire's
rental services originating on the Concession Premises save
and except the following items:
A. Sums recovered from insurance or otherwise for damage to
automobiles or other property;
B. Any tax levied by any competent governmental authority
and separately stated and collected from
Concessionaire's customers. No deductions from "Gross
Revenues" shall be allowed from taxes levied on
Concession activities, equipment, or real or personal
property of Concessionaire;
C. Any amounts paid by customers of Concessionaire as
additional charges for wavier by Concessionaire of its
rights to recover from customer for damages to the
vehicle rented;
D. Any charges collected from customers for refueling an
automobile rented pursuant to a rental agreement under
which the customer is obligated to return the automobile
with the same amount of fuel furnished upon rental;
E. Sums recovered for intercity fees or drop charges;
F. Proceeds from sale of automobiles; or
G. Any local or national discounts to customers.
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
5.2 Concession Fee. Concessionaire shall on a monthly basis pay
to the City the greater of either 1.) the minimum monthly
guaranteed Concession fee, as it may increase over the life
of the contract or 2.) ten (10%) percent of the
Concessionaire's Monthly Gross Revenue over the life of the
contract. Minimum monthly fee for:
Year 1) $ 7,666
Year 2) $ 8,500
Year 3) $ 9,333
5.3 Revenue Payments and Activity Reports. The Concessionaire
shall file with the City on or before the 20th day of each
month a monthly report of Gross Revenues, certified by a
responsible officer of the Concessionaire, the report being
in such form as approved by or required by the Director of
Aviation.
5.4 Reports and Statements. Concessionaire shall submit a
monthly report of the number of cars delivered to and
returned by the Concessionaire's customers at the Concession
Premises. Such report shall show a daily breakdown by date
and day of week. City shall use the report to determine
traffic flow for planning and other management purposes.
Within sixty (60) days after the close of each contract year
hereunder, Concessionaire shall furnish to the City, a sworn
statement showing the total of Gross Revenues at the
Concession Premises for the contract year.
The Concessionaire shall have the right to conduct part of
its operations on a credit basis and shall report all
income, both cash and credit in its monthly statement of
Gross Revenues. Concessionaire shall report chargebacks for
nonpayment of fees based on credit transactions not later
than ninety (90) days from the date of transaction. Credit
allowed Concessionaire under this provision shall be only on
the same basis as payments to the City as defined under
Section 5.1 of this Agreement. Adequate proof of
chargebacks must be furnished for all credit claimed.
5.5 Terminal Space Rental Payments. The Concessionaire agrees
to pay the City, monthly in advance on or before the tenth
(10th) day of the month for which the rent is due, the same
rental rate per square foot per annum for floor space in
Terminal Building as paid by air carrier tenants for like
space, which rate currently is $21.47 per square foot per
year for office space. At such time as the air carrier
tenants rates are adjusted this Agreement will automatically
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
be adjusted to the same rental rate. If the rate increase
occurs during the Agreement year the rent will be pro -rated.
5.6 Ready and Return Car Parking Space Rent. The
Concessionaire also agrees to pay the City, monthly in
advance on or before the tenth day of the month for which
rent is due, for each parking space taken by the
Concessionaire under 4.2 and 4.3. The licensing rate
therefor shall be Fifteen Dollars ($15.00) per month for
each space, and the number of such spaces rented may vary
during the term hereof in accordance with this Agreement.
5.7 Automotive Service Facilities Rent. The Concessionaire also
agrees to pay the City, monthly in advance on or before
the tenth (10th) day of the month for which rent is due,
$0.12 per square foot per year, divided into twelve (12)
equal monthly payments. The land rental rate may be
increased by the City upon thirty (30) days written notice
to Concessionaire. The land rental rate increase shall not
exceed $0.10 per square foot per year.
5.8 Adjustment of Rental Rate. The rental rate under 5.6 and
5.7 above will be reviewed every 3 years on Agreement
anniversary date for adjustment.
5.9 Prompt Payment of Taxes and Fees. Concessionaire covenants
and agrees to pay promptly all lawful ad valorem or general
taxes, special assessments, excises, license fees and permit
fees, of whatever nature, applicable to its operation at the
Concession Premises and to obtain and keep current all
licenses, municipal, state or federal, required for the
conduct of its business at and upon said Concession
Premises, and further covenants and agrees not to permit any
of said taxes, assessments, excises, fees or charges to
become delinquent.
5.10 Service Charge. All unpaid fees due the City shall bear a
service charge of one and one-half (1.5%) percent per month
if same are not paid and received by the City by the 30th of
the month in which payments are due, and the Concessionaire
agrees that it shall pay and discharge all costs and
expense, including reasonable attorney's fees, incurred or
expended by the City in collection of such delinquent
amounts due.
5.10 Fee and Rent Payment Bond. The Concessionaire shall furnish
prior to commencement date of the term of the Agreement a
letter of credit, certificate of deposit, or performance
bond in the principal amount of the highest three(s) months
worth of minimum guaranteed concession fee rounded to the
nearest one thousand dollars. This letter of credit,
certificate of deposit, or bond shall guarantee the payment
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
of the concession fee, rent, and Concessionaire's other
obligations to pay as provided herein. A letter of credit
or bond shall be in a form agreeable to the City and shall
be kept in full force and effect during the term hereof. A
certificate of deposit shall be endorsed to and held by the
City, and shall be in full force and effect during the term
hereof. Concessionaire shall receive all interest income
from any such certificate of deposit.
5.11 Underground Storage Tank Deposit. Concessionaire shall
furnish prior to commencement date of this Agreement a
letter of credit, certificate of deposit or payment bond in
the amount of $10,000 for each different underground storage
tank site located at its Automotive Service Facility. If
all underground storage tanks are closely grouped together
that shall be one site, if some tanks are located more than
50 feet from other tanks, without other tanks in between,
that shall be considered multiple sites, requiring multiple
deposits. The letter of credit, certificate of deposit or
payment bond shall remain in full force and effect during
the term of this Agreement. A letter of credit or bond
shall be in a form acceptable to City. A certificate of
deposit shall be endorsed to and held by City.
Concessionaire shall receive all interest income from any
such certificate of deposit.
5.12 Retention of Records. Concessionaire agrees that it will
keep available for the benefit of the City, for a period of
two years after each year of the term hereof, the books and
records of accounts of Concessionaire for each year, showing
Gross Revenues of Concessionaire from business conducted at
the Concession Premises, the deductions therefrom, and other
pertinent information required by the provisions of this
Agreement. The books and records of account shall be
accessible during usual business hours to the City or its
duly authorized agents or auditors, for the purpose of
verifying the information set forth in any certified annual
statement or for the purpose of verifying compliance by
Concessionaire with the terms of this Agreement but for no
other purpose.
5.13 Notice, Place and Manner of Payments. Payments shall be
made at Corpus Christi International Airport, 1000
International Drive, Corpus Christi, Texas 78406, or at
such other place in the City as the City may hereafter
notify the Concessionaire, and shall be made in legal tender
of the United States.
5.14 Temporary Reduction of Minimum Monthly Guaranteed Concession
Fees. In the event that one of the following conditions
exists during the term of the Agreement, the minimum
monthly guaranteed concession fee provided for may be
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
reduced for the period of time the condition continues to
exist:
A. The operation of Concessionaire's car rental business
at the Concession Premises is affected by shortages or
other disruptions, including but not limited to rationing
or other methods of allocations, in the supply of
automobile gasoline or other goods necessary for the
operations thereof, resulting in the diminution
of Concessionaire's Gross Revenue hereunder in an amount
of thirty percent (30%) for a period thirty (30) or more
consecutive days;
B. If for any reason the number of passengers deplaning from
scheduled airline flights or regular commuter flights at
said Airport during any period of thirty (30) or more
consecutive days shall be less than seventy percent (70%)
of the number of such deplaning passengers in the same
month during the preceding calendar year; or
Before any such reduction shall be authorized,
Concessionaire must submit proof and substantiation of
such diminution and the cause thereof to the Director
of Aviation so it may properly determine whether such
reduction is necessary and not attributable to conditions
within the control of Concessionaire's managers, agents,
and employees.
VI
CONCESSIONAIRE'S OPERATIONS, RIGHTS, AND RESPONSIBILITIES
6.1 Customary and Usual Services. The operational rights
granted herein shall be used by the Concessionaire for the
purpose of providing all customary and usual services
incidental to the rental of passenger automobiles at the
Concession Premises and for the purpose of arranging for
such services for the public using said Airport, at such
other destinations where automobile rental service is
furnished by the Concessionaire.
6.2 Quiet and Peaceable Possession. Subject to the provisions
of this Agreement, the City covenants that Concessionaire,
upon payment of the concession fee, rentals, and otherwise
performing its covenants and obligations hereunder, shall
have quiet and peaceable possession of the Concession
Premises.
6.3 Conduct of Operations. The Concessionaire covenants and
agrees that it will perform the herein permitted services in
a professional manner by adhering to high standards of
operation including but not necessarily limited to the
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
following:
A. The Concessionaire shall be open for and shall conduct
business and furnish services seven (7) days a week for
all regularly scheduled airline flights at the Concession
Premises.
B. The Concessionaire shall select and appoint a manager of
the Concessionaire's operation at the Concession
Premises who shall be a qualified and experienced
manager or supervisor vested with full power and
authority, in respect to the conduct of the operations
at the Concession Premises. The manager or supervisor
shall be assigned to a duty station or office at the
Concession Premises where he/she shall ordinarily be
available during regular business hours.
6.4 Non -Discrimination. The Concessionaire in exercising any of
the rights or privileges herein granted, shall not on the
grounds of race, sex, creed or national origin, discriminate
or permit discrimination against any person or group of
persons in any manner prohibited by Part 21 of the
Regulations of the Secretary of Transportation. The City is
hereby granted the right to take such action, anything to
the contrary herein notwithstanding, as the United States
may direct to enforce this nondiscrimination covenant.
6.5 Provision of Services. Concessionaire shall furnish high
quality, prompt, and efficient services adequate to meet
all reasonable demands therefore at said Airport. The
Concessionaire may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type
of price reductions if permitted by law or by other
provisions of this Agreement.
The Concessionaire shall provide and maintain the rental
automobiles made available hereunder at the Concessionaire's
sole expense, in good operative order, free from known
mechanical defects, and in a clean, neat and attractive
condition, inside and outside. None of the foregoing is
intended by the City as a warranty but rather as a
general standard of operations for Concessionaires.
The Concessionaire shall make available at the Concession
Premises only new and late model automobiles in such manner
as is required by the reasonable demand for same.
The Concessionaire covenants that it shall take all
reasonable measures in every proper manner to maintain,
develop and increase the business conducted by it hereunder,
and the Concessionaire shall not divert or cause or allow
any business to be diverted from the Concession Premises by
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
referral or any other method. Any action taken by the
Concessionaire to induce its patrons to rent or receive
vehicles in such a manner and at such places so as to
diminish the Gross Revenues of the Concessionaire under this
Agreement shall constitute a material breach hereof and a
cause for the termination of this Agreement by the City.
The Concessionaire's personnel performing services hereunder
shall be distinctively uniformed, neat, clean and courteous.
The Concessionaire's oral solicitation of business at the
Concession Premises shall be confined to such locations on
the Concession Premises as the Concessionaire and the
Director of Aviation shall mutually agree as being
sufficient to properly serve the needs of the
Concessionaire. The Concessionaire shall prohibit and
restrain its agents, servants, and employees from loud,
noisy, boisterous or otherwise objectionable promotion of
the services offered, and upon objection from the City
concerning the conduct or appearance of any such persons,
shall immediately take all steps reasonably necessary to
remove the cause of the objection.
6.6 Auditable Records. The Concessionaire shall at all times
during the term hereof keep at the Concession Premises true,
accurate, complete, and auditable records. Reports to the
City shall be in a form satisfactory to the City and
shall include all business conducted at the Concession
Premises, and the Concessionaire further agrees that the
City shall have the right, through its duly authorized
agents or representatives, to examine all pertinent books
and records at any and all reasonable times for the purpose
of determining the accuracy thereof and of the reports
required to be made by the Concessionaire under the
provisions of this Agreement. The making of any willfully
false report of Gross Revenues by the Concessionaire shall
be grounds for the immediate cancellation and termination of
this Agreement at the option of the City.
6.7 Noncompliance. Noncompliance with any portion of Article VI
shall constitute a material breach of this Agreement, and in
the event of noncompliance or continued and substantial
noncompliance, the City shall have the right to terminate
this Agreement.
VII
INSURANCE AND INDEMNIFICATION
7.1 Liability Insurance. The Concessionaire at its expense at
all times during the term hereof, shall cause the City and
the Concessionaire to be insured on an occurrence basis,
under policies no more restrictive than the standard form of
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
comprehensive liability policy, against the claims of any
and all persons for personal or bodily injury in a sum of
not less than one million dollars for any one person or
occurrence occurring on the Leased Premises or incidental to
the operations of the Concessionaire hereunder, and not less
than two hundred thousand dollars ($200,000.) for each
occurrence for property damage. Such insurance shall
specifically insure the obligations of the Concessionaire
to indemnify the City. Insofar as the insurance provides
protection against liability for damages to third party for
personal or bodily injury, death and property damage, the
City shall be included as named insured; provided, however,
such liability insurance coverage shall also extend to
damage, destruction and injury to City owned or leased
property and City personnel and caused by, or resulting from
work, acts, operations or omission of the Concessionaire,
its officers, agents and employees. The City shall have no
liability for any premiums charged for such coverage, and
the inclusion of the City as a named insured is not intended
to, and shall not, make the City a partner or joint venturer
with the Concessionaire in its operations at the Concession
Premises.
7.2 Future Insurance Requirements. The Concessionaire and the
City understand and agree that the minimum limits of the
insurance herein required may become inadequate, and the
Concessionaire agrees that it shall increase such minimum
limits upon receipt of notice in writing from the City.
Such notices of change shall, in general, be issued with
no more frequency than every two years of the term of this
Agreement; however, the City may take note of
indemnification awards being granted by the courts and
direct an increase in the minimum limits of the insurance
requirements at any time during the lease term, such
increases, if any, will be limited to ten (10%) percent of
the rate in effect at the time of the increase.
7.3 Hazard Insurance. Concessionaire at its expense shall carry
hazard insurance in the minimum amount of eighty (80%)
percent of fair market value of the improvements of the
Automobile Service Facility as shown on Exhibit C.
7.4 Limitation as to Policies. All policies of insurance
required herein shall name the City as additional insured
and be in a form and with a company or companies approved by
the City, and qualified to do insurance business in the
State of Texas. Each such policy shall provide that the
policy may not be materially changed, altered or canceled by
the insured or insurer during its term without first giving
thirty days written notice to the City.
15
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
7.5 Evidence of Insurance. Certificates, or other evidence of
insurance coverage required of the Concessionaire in this
Article, shall be delivered to the City in form and content
satisfactory to the City. At least thirty days (30) prior
to the expiration of any such policy, the Concessionaire
shall submit to the City a certificate showing such
insurance has been renewed or replaced. If such coverage is
canceled or reduced, the Concessionaire shall, within
fifteen (15) days after the date of such written notice from
the insurer of such cancellation or reduction of coverage,
file with the City a certificate showing that the required
insurance has been reinstated or provided through another
insurance company or companies. Copies of all insurance
policies shall be promptly provided to the City upon City's
written request.
7.6 Adjustment of Claims. Concessionaire shall provide for the
prompt and efficient handling of all claims for bodily
injury, property damage or theft arising out of the
activities of Concessionaire under this Agreement.
Concessionaire agrees that all such claims, whether
processed by Concessionaire or its insurer either directly
or by means of an agent, will be handled by a person or
representative of the Concessionaire.
7.7 Conditions of Insurance Default. If at any time the
Concessionaire shall fail to obtain the insurance as
required herein, the City may obtain such insurance by
taking out policies with companies satisfactory to the City.
The amount of the premiums paid for such insurance by the
City shall be payable by the Concessionaire to the City with
the installment of rent thereafter next due under the terms
of this Agreement, with interest thereon at the rate of
eight percent (8%) per annum.
7.8 Indemnification. Concessionaire agrees it will indemnify
and hold and save City harmless of, from and against all
claims, demands, actions, damages, loss, cost, liabilities,
expenses and judgment recovered from or asserted against
City on account of injury or damage to person or property to
the extent that any such damage or injury may be incident
to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act, omission,
negligence or misconduct on the part of Concessionaire or
any of its agents, servants, employees, contractors,
patrons, guests, licensees or invitees, or when any such
injury or damage is the result, proximate or remote, of the
occupancy or use by Concessionaire, its agents, servants,
employees, contractors, patrons, guests, licensees or
invitees of the Leased Premises pursuant to the activities
contemplated by this Rent-A-Car Concession Agreement,
regardless of whether the City is solely negligent,
16
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
contributorily or concurrently negligent.
Concessionaire covenants and agrees that in case City shall
be made a party to any litigation against Concessionaire or
in any litigation commenced by any party other than relating
to this Agreement or to the Leased Premises, then
Concessionaire shall and will pay all costs and expenses,
including reasonable attorney's fees and court costs,
incurred by or imposed upon City by virtue of any such
litigation. These terms of indemnification shall be
effective unless such damage or injury may result from gross
negligence or willful misconduct of City.
VIII
AUTOMOTIVE SERVICE FACILITY
8.1 Location. Concessionaire shall maintain the Automotive
Service Facility at the Airport on Lot(s) 7 as shown
on Exhibit C.
8.2 Utilities. Concessionaire shall pay all charges for water,
gas, electric power, and sewage service consumed on Lot(s)
7 during the term of this Agreement, at regularly
established rates.
8.3 Use. Lot(s) 7 shall be used solely for the
maintenance, service, and storage of Concessionaire's
vehicles, and neither Concessionaire nor any of its agent
servants, or employees shall provide or furnish maintenance,
service, or storage of any kind to the general public.
8.4 Fixed Improvements. The term "Fixed Improvements" shall be
defined herein as all buildings and other structures erected
upon Lot(s) 7 and all property, excluding trade
fixtures, which is so attached to any Fixed Improvements
on lot(s) 7 that same may not be removed without
material injury to Lot(s) 7 or the Fixed Improvements
to which same shall be attached.
Title to said Fixed Improvements shall during the term of
this Agreement be in Concessionaire. Upon expiration of
this Agreement Concessionaire shall have thirty (30) days
after written notice from the City to remove said Fixed
Improvements and repair any damage to the Premises caused by
such removal at its expense. If said Fixed Improvements
are not removed within the thirty (30) days, title shall
vest in the City. Should Concessionaire terminate this
Agreement without the consent of the City prior to its
expiration, title to said Fixed Improvements shall
immediately vest in the City.
17
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
8.5 Trade Fixtures. The term "Trade Fixtures" shall be defined
herein to include, but not be limited to, any signs; all
machinery and equipment used in connection with the
servicing of automotive vehicles in or about Lot(s) 7
whether or not such machinery or equipment is bolt or
otherwise attached to said Premises; and all other
miscellaneous equipment installed in or placed on or about
the Automotive Service Facility and used in connection
with Concessionaire's business therein.
Title to all Trade Fixtures shall be and remain in
Concessionaire, and may be removed by Concessionaire within
thirty (30) days after written notice by the City after
expiration or termination of this Agreement. Concessionaire
shall, at its own expense, repair any damage to the Premises
caused by such removal.
8 6 Maintenance. Concessionaire shall at all times maintain the
Automotive Service Facility in a neat, orderly, sanitary,
and presentable condition and provide its own janitor
service. The Automotive Facility shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage same.
Concessionaire shall properly dispose of all waste oil,
hazardous materials, if any, and used tires off the Leased
Premises. Concessionaire shall be required to maintain
quarterly reports on how much waste oil, hazardous
materials - with type and volume specifically identified, if
any, and how many used tires have been disposed of, method
of disposal, name and location of place where disposal
occurred, on the form attached hereto as Exhibit D, as same
may be amended from time to time.
IX
GENERAL PROVISIONS
9.1 Assignment and Subletting. The Concessionaire agrees not to
sublet the Concession Premises, or any part thereof, or any
of the facilities described herein, nor assign this
Agreement or any portion of the term hereof, without the
prior written consent of the City. Such consent shall not
be arbitrarily withheld, provided however any successor,
sublessee or assignee of an interest in this Agreement must
meet all pertinent requirements as outlined herein.
9.2 Liens and Claims, Mechanic's and Materialman's. The
Concessionaire agrees not to permit any mechanic's,
materialman's, or any other lien to be foreclosed upon the
Concession Premises or any part or parcel thereof, or the
18
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
improvements thereon, by reason of any work or labor
performed or materials furnished by any mechanic or
materialman or for any other reason.
9.3 No Personal Liability. No director, officer, employee, or
other agent of either party shall be personally liable under
or in connection with this Agreement while performing in
good faith the duties therein.
9.4 Agreements with the United States. This Agreement is
subject and subordinate to the provisions of any agreements
heretofore made between the City and the United States,
relative to the operation or maintenance of said Airport,
the execution of which has been required as a condition
precedent to the expenditure of Federal funds for the
extension, expansion, or development of said Airport.
9.5 Modification for Granting Funds. In the event that the
Federal, State, or Local Government requires, as a condition
precedent to provision of funds for the improvement of the
Airport, modifications or changes to this Agreement,
Concessionaire agrees to consent to such reasonable
amendments, modifications, revisions, supplement, or
deletions of any of the terms, conditions or requirements of
this Agreement, as may be reasonably required to enable the
City to obtain said funds, provided that in no event shall
such changes impair the rights of Concessionaire.
9.6 Governing Law. This Agreement shall be deemed to have been
made in, and be construed in accordance with the laws of
the State of Texas.
9.7 Notices/Address. Except as herein otherwise expressly
provided, all notices required to be given to the City or
Concessionaire hereunder shall be in writing and shall be
sent by certified mail, return receipt requested, to:
Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Concessionaire: Craig W. Crawford
Title: Vice President
Address: 6141 W.Century Blvd.
City: Los Angles, CA 90045
Either party may designate in writing from time to time any
changes in addresses or any addresses of substitute or
supplementary persons in connection with said notices. The
effective date of service of any notice shall be the date
such notice is received by either party.
9.8 Amendments. This Agreement may be amended from time to time
by written agreement executed by duly authorized
representatives of all the parties hereto.
9.9 Force Majeure. Neither the City nor Concessionaire shall be
19
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
deemed in violation of this Agreement should it be prevented
from performing any of the obligations hereunder by reason
of shortage of material, acts of God, acts of the public
enemy, acts of superior governmental authority, weather
conditions, riots, rebellion, sabotage, or any other
circumstances for which it is not responsible or which is
not within its control.
9 10 Invalid Provisions. In the event that any covenant,
condition or provision herein contained is held to be
invalid by a court of competent jurisdiction, the invalidity
of any such covenant, condition, or provision shall in no
way affect any other covenant, condition, or provision.
9.11 Headings. The headings of the Sections of this Agreement
are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope
or intent of any provisions of this Agreement and shall not
be construed to affect in any manner the terms and
provisions hereof or the interpretation or construction
hereof.
9.12 Required Approvals. Whenever the approval of the City
or of Concessionaire is required, no such approval shall
be unreasonably requested or withheld.
9.13 Successors and Assigns. All of the terms, provisions,
covenants, stipulations, conditions, and considerations of
this Agreement shall extend to and bind the legal
representative, successors, sublessees, and assigns of the
respective parties hereto.
9.14 Rights Cumulative. The rights and remedies of the City and
the Concessionaire specified in this Article are not
intended to be, and shall not be exclusive of one another or
exclusive of any common law right of either of the parties
hereto.
9.15 Waivers. No waiver of default by either party of
covenants, and conditions hereof to be performed,
observed by the other party shall be construed as
operate as, a waiver of any subsequent default of
terms, covenants, or conditions herein contained,
performed, kept and observed by the other party.
any terms,
kept and
, or
any of the
to be
9.16 Gratuities. The City may cancel this Agreement should it be
found that gratuities in the form of entertainment, gifts or
otherwise, were offered or given by the Concessionaire or
any of its agents or representatives, to any City official
or employee with a view toward securing the rights and
privileges granted herein or toward securing favorable
treatment with respect to the wording, amending or making of
20
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
any determinations with respect to the performance of the
Agreement. In the event this Agreement were to be canceled
by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to
recover from the Concessionaire a sum equal in amount to the
cost incurred by Concessionaire in providing such
gratuities.
9.17 Terminal Construction. It is recognized that conditions may
change in the Airport making it necessary and desirable for
the benefit of the traveling public to revise, move,
rearrange, or reconstruct all or part of the Terminal. In
such event, it is agreed that the City shall have the right
to move the Concessionaire's premises to another location,
provided the substitute premises are comparable to the
premises described herein and provided further, that any
such move for the convenience of the City shall be at no
expense to the Concessionaire. In such event,
Concessionaire will not be required to close down its
currently occupied premises until it can move into the new
facility.
9.18 Entire Agreement. This Agreement, together with all
exhibits attached hereto, constitutes the entire Agreement
between the parties hereto and all other representations or
statement heretofore made, verbal or written, are merged
herein and this Agreement may be amended only in writing,
and executed by duly authorized representatives of the
parties hereto.
Signed this day of , 1991.
ATTEST: CITY OF CORPUS CHRISTI:
BY BY
Armando Chapa, City Secretary Juan Garza, City Manager
Approved --lit, , 1991 by
James R. Bray, City Attorney
BY7,r ,t_cl CONCESSIONAIRE:
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INTERNATIONAL DRIVE
if
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
Month:
Name:
Title:
EXHIBIT D
Waste Oil:
Volume
Method of disposal
Name and location of place of disposal
Used Tires:
Volume
Method of disposal
Name and location of place of disposal
Hazardous materials, if any:
Type
Volume
Method of disposal
Name and location of placed disposal
I
(Name) (Title)
of Company do hereby certify that
the above (Rent-A-Car) information is true and correct and I am
in a position of authority to have such knowledge.
�ITY OF CORPUS CHRISTI
2ORPUS CHRISTI, TEXAS
PAGAN - LEWIS MOTORS
dba Budget Rent-A-Car of Corpus Christi
RENT -A -CAR CONCESSION AGREEMENT
I
The Concession Premises are defined as: the Leased Premises
allocated to Concessionaire within the Airport Terminal Building
as identified on Exhibit A, attached hereto and made a part
hereof for all purposes; a proportionate share of the total yent-
a -car parking spaces shown on Exhibit B, attached hereto and make
a part hereof for all purposes, as allocated by the Director of
Aviation to Concessionaire under the terms of this Agreement;
the parking space from the ready rent -a -car parking lot under the
canopy illustrated on Exhibit B; and the commercial building site
for use as an Automotive Service Facility as shown on Exhibit C,
attached hereto and made a part hereof for all purposes.
This Concession shall provide passenger automobile rental
services for proper accommodation of passengers arriving at and
departing from the Concession Premises at Corpus Christi
International Airport, 1000 International Drive, Corpus Christi,
Texas, and shall be in accordance with the terms and conditions
stipulated herein.
II
TERM OF AGREEMENT
The term of this Agreement shall be for a period of three
(3) years commencing sixty (60) days after final approval by the
City Council. Upon expiration of the original term,
Concessionaire shall be allowed to hold over for such period as
may be necessary to re -let bids. Such holdover period shall be
on a month-to-month basis under the same terms and conditions of
the expired lease. Fees to be paid City during such holdover
period shall be based on the third (3rd) year concession fee rate
as set forth hereinafter.
III
TERMINATION AND REPOSSESSION
3.1 Termination of Agreement by City. The City may declare this
Agreement terminated in its entirety, in the manner provided
in Section 3.3 of this Agreement, upon the happening of
any one or more of the following events and may exercise all
rights of entry and re-entry upon the premises with or
without process of law:
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Nonpayment: If the rentals, fees, charges or other
money payments which the Concessionaire herein agrees
to pay, or any part thereof, shall be unpaid after the
date that same shall become due;
B. Insolvency Proceedings: If, during the term of this
Agreement, the Concessionaire shall:
1. Apply for, or consent to the appointment of a
receiver, trustee or liquidator of all or a
substantial part of its assets;
2. File a voluntary petition in bankruptcy, or admit
in writing its inability to pay its debts as they
come due;
3. Make a general assignment for the benefit of
creditors;
4. File a petition or an answer seeking reorganization
or arrangement with creditors, or to take advantage
of an insolvency law; or
5. File an answer admitting the material allegations
of a petition filed in bankruptcy, reorganization
or insolvency proceedings; or if during the term
of this Agreement an order, judgment or decree
shall be entered by any court of competent
jurisdiction, on the application of a creditor
adjudicating Concessionaire as bankrupt or
insolvent, or approving a petition seeking a
reorganization of Concessionaire, and such order,
judgment or decree shall continue unstayed and in
effect for any period of ninety (90) consecutive
days.
C. Default: Should the Concessionaire fail in the
performance of any covenant or condition herein
required to be performed by the Concessionaire.
Except as otherwise provided in Section 3.1, the term
of this Agreement and all right, title, and interest
of the Concessionaire shall expire on the date set
forth in the notice of termination. Failure by the
City to take any action upon default by the
Concessionaire shall not constitute waiver of the
City's right of termination.
3 2 Termination of Agreement by Concessionaire. The
Concessionaire may declare this Agreement terminated in its
entirety, in the manner provided in Section 3.3 of this
Agreement, for the following causes:
2
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
A. Restraining Use of Airport: Should a court or
regulatory agency of competent jurisdiction issue an
injunction or restraining order against the City
preventing or restraining the use of the Airport
for airport purposes in its entirety or substantial
entirety.
B. Abandonment of Airport: Should the City abandon the
Airport for a period of at least thirty (30) days and
fail to operate and maintain an Airport in such manner
as to permit landings and takeoffs of planes by
scheduled air carriers;
C. Destruction or Limitation at the Airport: In the event
of destruction of all or a material portion of the
Airport or its facilities, or in the event that any
agency or instrumentality of the United States
Government or any state or local government were
to occupy the Airport or a substantial part thereof,
or in the event of military mobilization or public
emergency wherein there is a curtailment (either by
executive decree or legislative action) of normal
civilian traffic at the Airport or of the use of
motor vehicles or airplanes by the general public or in
the event of a limitation of the supply of automobiles
or of automobile fuel, supplies or parts for general
public use, or in the event of shortage of materials;
provided however, that any of the said events shall
result in material interference with Concessionaire's
normal business operations or substantial diminution
of Concessionaire's Gross Revenues from the Concession
Premises for a period in excess of sixty (60) days.
D. Default: Should the City fail to perform any covenant
or condition within the control of the City herein
required to be performed by the City.
3.3 Procedure For Termination or Repossession. No termination
declared by either party shall be effective unless and
until forty-five (45) days have elapsed after written notice
has been sent by either party specifying the date upon which
such termination shall take effect and the cause for which
this Agreement is being terminated. No such termination
against the City shall be effective if such cause of
default as determined by the City can be cured within
such forty-five (45) days and if the City corrects same as
promptly as reasonable practicable.
3
IITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
IV
CONCESSION PREMISES
4.1 Terminal Space. The City leases to the Concessionaire, and
the Concessionaire takes from the City, space allocated in
the Airport Terminal Building, identified in Exhibit A as
attached hereto (herein called the "Lease Premises").
Concessionaire will be allowed to retain counter and office
space presently occupied, or will be assigned to available
space to the extent space is available. No additional
space is available for this function at the Airport. The
parties covenant and agree that the City after giving
sixty days (60) notice in writing, may relocate at its
expense the Leased Premises and Concessionaire's equipment
to other comparable space, as determined by the Director of
Aviation at the Airport.
4.2 Rent-A-Car Space. The City leases to Concessionaire and
Concessionaire leases from the City, a proportionate share
of the total ready rent -a -car parking spaces shown in
Exhibit B attached hereto (herein called "Ready
Space"), initially allocated on the basis of the minimum
annual concession fee guarantee as bid by Concessionaires
for the first (1st) year. If requested by at least one of
the Concessionaires conducting business pursuant to
concession agreements with the City, the proportionate share
of the ready Rent-A-Car spaces shall be adjusted upon each
twelve (12) month anniversary of this Agreement during the
term hereof. Space shall be allocated in direct proportion
to the volume of each Concessionaire's gross payment to
the City during the preceding twelve (12) month period, as
compared to the aggregate gross payments to the City of all
passenger automobile rental Concessionaires conducting
business pursuant to concession agreement with City.
4.3 Canopy -Rent -A -Car -Space. The
and the Concessionaire leases
space in the ready rent -a -car
canopy illustrated in Exhibit
Space").
City leases to Concessionaire,
from the City, one parking
parking lot area under the
B (herein called "Canopy
4.4 Relocation of Ready Space and Canopy Space. The City
reserves the right to relocate said ready space and canopy
space assigned to the Concessionaire in accordance with
reasonable needs of the City for changes in use of the
Concession Premises as may be made during the term of this
Agreement. During -the term of this Agreement contract
traffic projections indicate the possible need to extend the
bag claim area; which will require removal of a portion of
the "Ready Car" area. In this event the spaces continuing
in use will be distributed on the basis of percent of
4
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
business at Corpus Christi International Airport. Bona fide
employees of Concessionaire will be permitted to park at
Airport free of charge, unless additional employee
parking has to be constructed at which time employees may be
required to pay a monthly rate of up to $15.00.
4 5 Automotive Service Facility. The City leases to
Concessionaire, and the Concessionaire leases from the City,
40,000 square feet as designated by the Director of Aviation
shown on Exhibit C attached hereto and made a part hereof
for all purposes (herein called the "Automotive Service
Facility") for the use of Concessionaire for a commercial
building site for use as an automotive service facility
at the Airport. Title to all improvements, except for trade
fixtures, equipment, and personal property, constructed for
the Automotive Service Facility shall transfer to the City
as provided in Section 8.4. All risk of loss taxes,
assessments, fees, or utilities resulting from the
construction or use of the Automotive Service Facility shall
be the responsibility of Concessionaire.
4.6 Access. To the extent permitted by this Agreement, the
Concessionaire has the right of free access, ingress to and
egress from the Leased Premises and parking areas for the
Concessionaire's employees, agents, guests, patrons and
invitees.
4.7 Occupancy of Leased Premise. The taking of possession of
the Leased Premises by the Concessionaire shall constitute
acknowledgement by the Concessionaire that the Leased
Premises are in good condition and suitable for occupancy by
Concessionaire.
A. The Concessionaire accepts all premises "as is" and
agrees to perform all needed maintenance at its sole
cost, except that the City shall perform all repairs
to the structure of and all mechanical systems in the
Terminal Building.
B. It is understood and agreed that the Concessionaire is
to make no material removals, additions or alterations
to the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation and that the Concessionaire shall provide all
counters, signs, gates or doors necessary for the use
of the Leased Premises in the Terminal Building for
the conduct of its business.
C. All construction and improvements including plans,
proposal, materials colors of materials, and designs
shall be submitted to the City, and the Concessionaire
shall not commence the construction of any improvements
5
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
on the Leased Premises without the prior written
approval of the City as determined by the Director of
Aviation.
D. The Concessionaire shall maintain in good repair and
in neat and clean condition all improvements,
construction or furniture, furnishings or equipment
placed on the Leased Premises or the Automotive Service
Facility. The Concessionaire shall be responsible for
the care of the Leases Premises and shall permit no
damage to existing improvements. No spikes, hooks,
nails, or any other device shall be driven or screwed
into the walls or other surfaces of the Leased Premises.
4.8 Maintenance and Use of Premises. Concessionaire shall at
all times maintain its Leased Premises in a neat, orderly,
sanitary and presentable condition and provide its own
janitor service. Leased Premises shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage the
Leased Premises. No flammable material shall be stored, nor
will the Leased Premises be used for any purpose which will
increase the rate of insurance thereon. At the end of the
term, the Concessionaire agrees to deliver the Leased
Premises to the City in the same condition as when
rented, normal wear and tear excepted.
No sign or advertisement of the Concessionaire or others
shall be affixed, kept or distributed on any part of the
Leased Premises unless such color, size, substance, style,
material and method of attachment shall be first approved by
the Director of Aviation. The City reserves the right to
remove, without notice to the Concessionaire, all signs or
advertisements not having prior approval.
The Concessionaire shall not permit any unlawful practice to
be committed on its Concession Premises nor to make or
permit any use of the same for any purpose not herein
authorized. The Concessionaire shall not use or permit the
use of said Concession Premises in any way which will
disturb other tenants or Concessionaires at said Airport.
The Concessionaire shall not interfere or permit to be done
anything which may interfere with the effectiveness or
accessibility of the utility, heating, ventilating or air
conditioning system, or portions thereof, on the Leased
Premises or elsewhere in said Airport, nor do or permit to
be done anything which may interfere with free access and
passage in the Leased Premises or the public areas
adjacent thereto, or in the street or sidewalks adjoining
such premises at said Airport, or hinder police, fire
fighting, or other emergency personnel in the discharge of
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
their duties.
The Concessionaire shall not do or permit to be done any act
or thing on its Leased Premises which will invalidate any
fire insurance policies required under this Agreement or
carried by the City covering the Terminal Building and ready
areas which, in the opinion of the City may constitute a
hazardous condition that will increase the risks normally
attendant upon the operations contemplated under this
Agreement. The Concessionaire shall promptly observe,
comply with and execute the provisions of any and all
present and future rules and regulations, requirements,
orders and directions of the City which may pertain or
apply to the operations in or on its Leased Premises.
The City shall furnish heating and air conditioning to the
Leased Premises in such degrees as is furnished to other
tenants in the same building area, and the City shall not be
liable for any failure to supply the same when such failure
is not due to negligence on its part. General area light
will be furnished by the City through the fixtures installed
for the general lighting of the area.
4.9 Compliance with Laws and Regulations. The Concessionaire
shall comply with all statutes, laws, ordinances, orders,
judgments, decrees, regulations, directions and requirements
of all federal, state, city and other governmental
authorities now or hereafter applicable to the Concession
Premises or to any adjoining public ways, as to the manner
or use or the condition of the Concession Premises and
Concessionaire's improvements thereon or of adjoining public
ways.
4.10 Repairs and Maintenance. The cost of maintenance and repair
of the Leased Premises and the Automotive Service Facility
shall be borne by the Concessionaire, except that the City
shall maintain and repair the structure and the mechanical
system of the Terminal Building.
4.11 Right to Enter, Inspect, and Make Repairs. The City and
its authorized officers, employees, agents, contractors,
subcontractors and other representatives shall have the
right (at such times as may be reasonable under the
circumstances and with as little interruption of the
Concessionaire's operations as is reasonably practicable) to
enter upon and in the Leased Premises for the following
purposes:
1. To inspect such premises to determine whether the
Concessionaire is in compliance with the terms and
conditions of this Agreement.
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
2. To perform maintenance and make repairs in any case where
the Concessionaire is obligated, but has failed to do so
after the City has given the Concessionaire reasonable
notice to do so, in which event the Concessionaire shall
reimburse the City for the reasonable cost thereof
promptly upon demand.
4 12 Surrender of Concession Premises. The Concessionaire
covenants and agrees that at the expiration of this
Agreement or at the earlier termination thereof, it will
quit and surrender the Concession Premises and the
improvements in good state and condition, reasonable wear
and tear, acts of God and other casualties excepted, and
the City shall have the right to take possession of the
Concession Premises and the improvements with or without
process of law.
v
CONCESSION FEE, RENTS, AND REPORTS
5.1 Definition of Gross Revenues. "Gross Revenues" as used
herein shall be defined as all receipts cash or credit from
all sources applicable to operation of Concessionaire's
rental services originating on the Concession Premises save
and except the following items:
A. Sums recovered from insurance or otherwise for damage to
automobiles or other property;
B. Any tax levied by any competent governmental authority
and separately stated and collected from
Concessionaire's customers. No deductions from "Gross
Revenues" shall be allowed from taxes levied on
Concession activities, equipment, or real or personal
property of Concessionaire;
C. Any amounts paid by customers of Concessionaire as
additional charges for wavier by Concessionaire of its
rights to recover from customer for damages to the
vehicle rented;
D. Any charges collected from customers for refueling an
automobile rented pursuant to a rental agreement under
which the customer is obligated to return the automobile
with the same amount of fuel furnished upon rental;
E. Sums recovered for intercity fees or drop charges;
F. Proceeds from sale of automobiles; or
G. Any local or national discounts to customers.
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CITY OF CORPUS CIHRISTI
CORPUS CHRISTI, TEXAS
5.2 Concession Fee. Concessionaire shall on a monthly basis pay
to the City the greater of either 1.) the minimum monthly
guaranteed Concession fee, as it may increase over the life
of the contract or 2.) ten (10%) percent of the
Concessionaire's Monthly Gross Revenue over the life of the
contract. Minimum monthly fee for:
Year 1) $ 6,500
Year 2) $ 7,250
Year 3) $ 8,250
5.3 Revenue Payments and Activity Reports. The Concessionaire
shall file with the City on or before the 20th day of each
month a monthly report of Gross Revenues, certified by a
responsible officer of the Concessionaire, the report being
in such form as approved by or required by the Director of
Aviation.
5.4 Reports and Statements. Concessionaire shall submit a
monthly report of the number of cars delivered to and
returned by the Concessionaire's customers at the Concession
Premises. Such report shall show a daily breakdown by date
and day of week. City shall use the report to determine
traffic flow for planning and other management purposes.
Within sixty (60) days after the close of each contract year
hereunder, Concessionaire shall furnish to the City, a sworn
statement showing the total of Gross Revenues at the
Concession Premises for the contract year.
The Concessionaire shall have the right to conduct part of
its operations on a credit basis and shall report all
income, both cash and credit in its monthly statement of
Gross Revenues. Concessionaire shall report chargebacks for
nonpayment of fees based on credit transactions not later
than ninety (90) days from the date of transaction. Credit
allowed Concessionaire under this provision shall be only on
the same basis as payments to the City as defined under
Section 5.1 of this Agreement. Adequate proof of
chargebacks must be furnished for all credit claimed.
5 5 Terminal Space Rental Payments. The Concessionaire agrees
to pay the City, monthly in advance on or before the tenth
(10th) day of the month for which the rent is due, the same
rental rate per square foot per annum for .floor space in
Terminal Building as paid by air carrier tenants for like
space, which rate currently is $21.47 per square foot per
year for office space. At such time as the air carrier
tenants rates are adjusted this Agreement will automatically
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
be adjusted to the same rental rate. If the rate increase
occurs during the Agreement year the rent will be pro -rated.
5.6 Ready and Return Car Parking Space Rent. The
Concessionaire also agrees to pay the City, monthly in
advance on or before the tenth day of the month for which
rent is due, for each parking space taken by the
Concessionaire under 4.2 and 4.3. The licensing rate
therefor shall be Fifteen Dollars ($15.00) per month for
each space, and the number of such spaces rented may vary
during the term hereof in accordance with this Agreement.
5.7 Automotive Service Facilities Rent. The Concessionaire also
agrees to pay the City, monthly in advance on or before
the tenth (10th) day of the month for which rent is due,
$0.12 per square foot per year, divided into twelve (12)
equal monthly payments. The land rental rate may be
increased by the City upon thirty (30) days written notice
to Concessionaire. The land rental rate increase shall not
exceed $0.10 per square foot per year.
5.8 Adjustment of Rental Rate. The rental rate under 5.6 and
5.7 above will be reviewed every 3 years on Agreement
anniversary date for adjustment.
5.9 Prompt Payment of Taxes and Fees. Concessionaire covenants
and agrees to pay promptly all lawful ad valorem or general
taxes, special assessments, excises, license fees and permit
fees, of whatever nature, applicable to its operation at the
Concession Premises and to obtain and keep current all
licenses, municipal, state or federal, required for the
conduct of its business at and upon said Concession
Premises, and further covenants and agrees not to permit any
of said taxes, assessments, excises, fees or charges to
become delinquent.
5.10 Service Charge. All unpaid fees due the City shall bear a
service charge of one and one-half (1.5%) percent per month
if same are not paid and received by the City by the 30th of
the month in which payments are due, and the Concessionaire
agrees that it shall pay and discharge all costs and
expense, including reasonable attorney's fees, incurred or
expended by the City in collection of such delinquent
amounts due.
5.10 Fee and Rent Payment Bond. The Concessionaire shall furnish
prior to commencement date of the term of the Agreement a
letter of credit, certificate of deposit, -or performance
bond in the principal amount of the highest three(s) months
worth of minimum guaranteed concession fee rounded to the
nearest one thousand dollars. This letter of credit,
certificate of deposit, or bond shall guarantee the payment
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
of the concession fee, rent, and Concessionaire's other
obligations to pay as provided herein. A letter of credit
or bond shall be in a form agreeable to the City and shall
be kept in full force and effect during the term hereof. A
certificate of deposit shall be endorsed to and held by the
City, and shall be in full force and effect during the term
hereof. Concessionaire shall receive all interest income
from any such certificate of deposit.
5 11 Underground Storage Tank Deposit. Concessionaire shall
furnish prior to commencement date of this Agreement a
letter of credit, certificate of deposit or payment bond in
the amount of $10,000 for each different underground storage
tank site located at its Automotive Service Facility. If
all underground storage tanks are closely grouped together
that shall be one site, if some tanks are located more than
50 feet from other tanks, without other tanks in between,
that shall be considered multiple sites, requiring multiple
deposits. The letter of credit, certificate of deposit or
payment bond shall remain in full force and effect during
the term of this Agreement. A letter of credit or bond
shall be in a form acceptable to City. A certificate of
deposit shall be endorsed to and held by City.
Concessionaire shall receive all interest income from any
such certificate of deposit.
5.12 Retention of Records. Concessionaire
keep available for the benefit of the
two years after each year of the term
records of accounts of Concessionaire
agrees that it will
City, for a period of
hereof, the books and
for each year, showing
Gross Revenues of Concessionaire from business conducted at
the Concession Premises, the deductions therefrom, and other
pertinent information required by the provisions of this
Agreement. The books and records of account shall be
accessible during usual business hours to the City or its
duly authorized agents or auditors, for the purpose of
verifying the information set forth in any certified annual
statement or for the purpose of verifying compliance by
Concessionaire with the terms of this Agreement but for no
other purpose.
5.13 Notice, Place and Manner of Payments. Payments shall be
made at Corpus Christi International Airport, 1000
International Drive, Corpus Christi, Texas 78406, or at
such other place in the City as the City may hereafter
notify the Concessionaire, and shall be made in legal tender
of the United States.
5.14 Temporary Reduction of Minimum Monthly Guaranteed Concession
Fees. In the event that one of the following conditions
exists during the term of the Agreement, the minimum
monthly guaranteed concession fee provided for may be
11
CITY OF CORPUS CHRISTI
(' PPIIS CHPTRTT TPflC
reduced for the period of time the condition continues to
exist:
A. The operation of Concessionaire's car rental business
at the Concession Premises is affected by shortages or
other disruptions, including but not limited to rationing
or other methods of allocations, in the supply of
automobile gasoline or other goods necessary for the
operations thereof, resulting in the diminution
of Concessionaire's Gross Revenue hereunder in an amount
of thirty percent (30%) for a period thirty (30) or more
consecutive days;
B. If for any reason the number of passengers deplaning from
scheduled airline flights or regular commuter flights at
said Airport during any period of thirty (30) or more
consecutive days shall be less than seventy percent (70%)
of the number of such deplaning passengers in the same
month during the preceding calendar year; or
Before any such reduction shall be authorized,
Concessionaire must submit proof and substantiation of
such diminution and the cause thereof to the Director
of Aviation so it may properly determine whether such
reduction is necessary and not attributable to conditions
within the control of Concessionaire's managers, agents,
and employees.
VI
CONCESSIONAIRE'S OPERATIONS, RIGHTS, AND RESPONSIBILITIES
6.1 Customary and Usual Services. The operational rights
granted herein shall be used by the Concessionaire for the
purpose of providing all customary and usual services
incidental to the rental of passenger automobiles at the
Concession Premises and for the purpose of arranging for
such services for the public using said Airport, at such
other destinations where automobile rental service is
furnished by the Concessionaire.
6.2 Quiet and Peaceable Possession. Subject to the provisions
of this Agreement, the City covenants that Concessionaire,
upon payment of the concession fee, rentals, and otherwise
performing its covenants and obligations hereunder, shall
have quiet and peaceable possession of the Concession
Premises.
6.3 Conduct of Operations. The Concessionaire covenants and
agrees that it will perform the herein permitted services in
a professional manner by adhering to high standards of
operation including but not necessarily limited to the
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
following:
A. The Concessionaire shall be open for and shall conduct
business and furnish services seven (7) days a week for
all regularly scheduled airline flights at the Concession
Premises.
B. The Concessionaire shall select and appoint a manager of
the Concessionaire's operation at the Concession
Premises who shall be a qualified and experienced
manager or supervisor vested with full power and
authority, in respect to the conduct of the operations
at the Concession Premises. The manager or supervisor
shall be assigned to a duty station or office at the
Concession Premises where he/she shall ordinarily be
available during regular business hours.
6.4 Non -Discrimination. The Concessionaire in exercising any of
the rights or privileges herein granted, shall not on the
grounds of race, sex, creed or national origin, discriminate
or permit discrimination against any person or group of
persons in any manner prohibited by Part 21 of the
Regulations of the Secretary of Transportation. The City is
hereby granted the right to take such action, anything to
the contrary herein notwithstanding, as the United States
may direct to enforce this nondiscrimination covenant.
6.5 Provision of Services. Concessionaire shall furnish high
quality, prompt, and efficient services adequate to meet
all reasonable demands therefore at said Airport. The
Concessionaire may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type
of price reductions if permitted by law or by other
provisions of this Agreement.
The Concessionaire shall provide and maintain the rental
automobiles made available hereunder at the Concessionaire's
sole expense, in good operative order, free from known
mechanical defects, and in a clean, neat and attractive
condition, inside and outside. None of the foregoing is
intended by the City as a warranty but rather as a
general standard of operations for Concessionaires.
The Concessionaire shall make available at the Concession
Premises only new and late model automobiles in such manner
as is required by the reasonable demand for same.
The Concessionaire covenants that it shall take all
reasonable measures in every proper manner to maintain,
develop and increase the business conducted by it hereunder,
and the Concessionaire shall not divert or cause or allow
any business to be diverted from the Concession Premises by
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:ITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
referral or any other method. Any action taken by the
Concessionaire to induce its patrons to rent or receive
vehicles in such a manner and at such places so as to
diminish the Gross Revenues of the Concessionaire under this
Agreement shall constitute a material breach hereof and a
cause for the termination of this Agreement by the City.
The Concessionaire's personnel performing services hereunder
shall be distinctively uniformed, neat, clean and courteous.
The Concessionaire's oral solicitation of business at the
Concession Premises shall be confined to such locations on
the Concession Premises as the Concessionaire and the
Director of Aviation shall mutually agree as being
sufficient to properly serve the needs of the
Concessionaire. The Concessionaire shall prohibit and
restrain its agents, servants, and employees from loud,
noisy, boisterous or otherwise objectionable promotion of
the services offered, and upon objection from the City
concerning the conduct or appearance of any such persons,
shall immediately take all steps reasonably necessary to
remove the cause of the objection.
6.6 Auditable Records. The Concessionaire shall at all times
during the term hereof keep at the Concession Premises true,
accurate, complete, and auditable records. Reports to the
City shall be in a form satisfactory to the City and
shall include all businessconducted at the Concession
Premises, and the Concessionaire further agrees that the
City shall have the right, through its duly authorized
agents or representatives, to examine all pertinent books
and records at any and all reasonable times for the purpose
of determining the accuracy thereof and of the reports
required to be made by the Concessionaire under the
provisions of this Agreement. The making of any willfully
false report of Gross Revenues by the Concessionaire shall
be grounds for the immediate cancellation and termination of
this Agreement at the option of the City.
6.7 Noncompliance. Noncompliance with any portion of Article VI
shall constitute a material breach of this Agreement, and in
the event of noncompliance or continued and substantial
noncompliance, the City shall have the right to terminate
this Agreement.
VII
INSURANCE AND INDEMNIFICATION
7.1 Liability Insurance. The Concessionaire at its expense at
all times during the term hereof, shall cause the City and
the Concessionaire to be insured on an occurrence basis,
under policies no more restrictive than the standard form of
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
comprehensive liability policy, against the claims of any
and all persons for personal or bodily injury in a sum of
not less than one million dollars for any one person or
occurrence occurring on the Leased Premises or incidental to
the operations of the Concessionaire hereunder, and not less
than two hundred thousand dollars ($200,000.)for each
occurrence for property damage. Such insurance shall
specifically insure the obligations of the Concessionaire to
indemnify the City. Insofar as the insurance provides
protection against liability for damages to third party for
personal or bodily injury, death and property damage, the
City shall be included as named insured; provided, however,
such liability insurance coverage shall also extend to
damage, destruction and injury to City owned or leased
property and City personnel and caused by, or resulting from
work, acts, operations or omission of the Concessionaire,
its officers, agents and employees. The City shall have no
liability for any premiums charged for such coverage, and
the inclusion of the City as a named insured is not intended
to, and shall not, make the City a partner or joint venturer
with the Concessionaire in its operations at the Concession
Premises.
7.2 Future Insurance Requirements. The Concessionaire and the
City understand and agree that the minimum limits of the
insurance herein required may become inadequate, and the
Concessionaire agrees that it shall increase such minimum
limits upon receipt of notice in writing from the City.
Such notices of change shall, in general, be issued with
no more frequency than every two years of the term of this
Agreement; however, the City may take note of
indemnification awards being granted by the courts and
direct an increase in the minimum limits of the insurance
requirements at any time during the lease term, such
increases, if any, will be limited to ten (10%) percent of
the rate in effect at the time of the increase.
7.3 Hazard Insurance. Concessionaire at its expense shall carry
hazard insurance in the minimum amount of eighty (80%)
percent of fair market value of the improvements of the
Automobile Service Facility as shown on Exhibit C.
7.4 Limitation as to Policies. All policies of insurance
required herein shall name the City as additional insured
and be in a form and with a company or companies approved by
the City, and qualified to do insurance business in the
State of Texas. Each such policy shall provide that the
policy may not be materially changed, altered or canceled by
the insured or insurer during its term without first giving
thirty days written notice to the City.
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
7.5 Evidence of Insurance. Certificates, or other evidence of
insurance coverage required of the Concessionaire in this
Article, shall be delivered to the City in form and content
satisfactory to the City. At least thirty days (30) prior
to the expiration of any such policy, the Concessionaire
shall submit to the City a certificate showing such
insurance has been renewed or replaced. If such coverage is
canceled or reduced, the Concessionaire shall, within
fifteen (15) days after the date of such written notice from
the insurer of such cancellation or reduction of coverage,
file with the City a certificate showing that the required
insurance has been reinstated or provided through another
insurance company or companies. Copies of all insurance
policies shall be promptly provided to the City upon City's
written request.
7.6 Adjustment of Claims. Concessionaire shall provide for the
prompt and efficient handling of all claims for bodily
injury, property damage or theft arising out of the
activities of Concessionaire under this Agreement.
Concessionaire agrees that all such claims, whether
processed by Concessionaire or its insurer either directly
or by means of an agent, will be handled by a person or
representative of the Concessionaire.
7.7 Conditions of Insurance Default. If at any time the
Concessionaire shall fail to obtain the insurance as
required herein, the City may obtain such insurance by
taking out policies with companies satisfactory to the City.
The amount of the premiums paid for such insurance by the
City shall be payable by the Concessionaire to the City with
the installment of rent thereafter next due under the terms
of this Agreement, with interest thereon at the rate of
eight percent (8%) per annum.
7.8 Indemnification. Concessionaire agrees it will indemnify
and hold and save City harmless of, from and against all
claims, demands, actions, damages, loss, cost, liabilities,
expenses and judgment recovered from or asserted against
City on account of injury or damage to person or property to
the extent that any such damage or injury may be incident
to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act, omission,
negligence or misconduct on the part of Concessionaire or
any of its agents, servants, employees, contractors,
patrons, guests, licensees or invitees, or when any such
injury or damage is the result, proximate or remote, of the
occupancy or use by Concessionaire, its agents, servants,
employees, contractors, patrons, guests, licensees or
invitees of the Leased Premises pursuant to the activities
contemplated by this Rent-A-Car Concession Agreement,
regardless of whether the City is solely negligent,
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
contributorily or concurrently negligent.
Concessionaire covenants and agrees that in case City shall
be made a party to any litigation against Concessionaire or
in any litigation commenced by any party other than relating
to this Agreement or to the Leased Premises, then
Concessionaire shall and will pay all costs and expenses,
including reasonable attorney's fees and court costs,
incurred by or imposed upon City by virtue of any such
litigation. These terms of indemnification shall be
effective unless such damage or injury may result from gross
negligence or willful misconduct of City.
VIII
AUTOMOTIVE SERVICE FACILITY
8.1 Location. Concessionaire shall maintain the Automotive
Service Facility at the Airport on Lot(s) 6 as shown
on Exhibit C.
8.2 Utilities. Concessionaire shall pay all charges for water,
gas, electric power, and sewage service consumed on Lot(s)
6 during the term of this Agreement, at regularly
established rates.
8.3 Use. Lot(s) 6 shall be used solely for the maintenance,
service, and storage of Concessionaire's vehicles, and
neither Concessionaire nor any of its agent servants,
or employees shall provide or furnish maintenance,
service, or storage of any kind to the general public.
8.4 Fixed Improvements. The term "Fixed Improvements" shall be
defined herein as all buildings and other structures erected
upon Lot(s) 6 and all property, excluding trade
fixtures, which is so attached to any Fixed Improvements
on lot(s) 6 that same may not be removed without
material injury to Lot(s) 6 or the Fixed Improvements
to which same shall be attached.
Title to said Fixed Improvements shall during the term of
this Agreement be in Concessionaire. Upon expiration of
this Agreement Concessionaire shall have thirty (30) days
after written notice from the City to remove said Fixed
Improvements and repair any damage to the Premises caused by
such removal at its expense. If said Fixed Improvements
are not removed within the thirty (30) days, title shall
vest in the City. Should Concessionaire terminate this
Agreement without the consent of the City prior to its
expiration, title to said Fixed Improvements shall
immediately vest in the City.
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
8 5 Trade Fixtures. The term "Trade Fixtures" shall be defined
herein to include, but not be limited to, any signs; all
machinery and equipment used in connection with the
servicing of automotive vehicles in or about Lot(s) 6
whether or not such machinery or equipment is bolt or
otherwise attached to said Premises; and all other
miscellaneous equipment installed in or placed on or about
the Automotive Service Facility and used in connection
with Concessionaire's business therein.
Title to all Trade Fixtures shall be and remain in
Concessionaire, and may be removed by Concessionaire within
thirty (30) days after written notice by the City after
expiration or termination of this Agreement. Concessionaire
shall, at its own expense, repair any damage to the Premises
caused by such removal.
8.6 Maintenance. Concessionaire shall at all times maintain the
Automotive Service Facility in a neat, orderly, sanitary,
and presentable condition and provide its own janitor
service. The Automotive Facility shall be free from all
danger of fire and personal injury and Concessionaire shall
refrain from activities which may destroy or damage same.
Concessionaire shall properly dispose of all waste oil,
hazardous materials, if any, and used tires off the Leased
Premises. Concessionaire shall be required to maintain
quarterly reports on how much waste oil, hazardous
materials - with type and volume specifically identified, if
any, and how many used tires have been disposed of, method
of disposal, name and location of place where disposal
occurred, on the form attached hereto as Exhibit D, as same
may be amended from time to time.
IX
GENERAL PROVISIONS
9.1 Assignment and Subletting. The Concessionaire agrees not to
sublet the Concession Premises, or any part thereof, or any
of the facilities described herein, nor assign this
Agreement or any portion of the term hereof, without the
prior written consent of the City. Such consent shall not
be arbitrarily withheld, provided however any successor,
sublessee or assignee of an interest in this Agreement must
meet all pertinent requirements as outlined herein.
9.2 Liens and Claims, Mechanic's and Materialman's. The
Concessionaire agrees not to permit any mechanic's,
materialman's, or any other lien to be foreclosed upon the
Concession Premises or any part or parcel thereof, or the
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
improvements thereon, by reason of any work or labor
performed or materials furnished by any mechanic or
materialman or for any other reason.
9.3 No Personal Liability. No director, officer, employee, or
other agent of either party shall be personally liable under
or in connection with this Agreement while performing in
good faith the duties therein.
9.4 Agreements with the United States. This Agreement is
subject and subordinate to the provisions of any agreements
heretofore made between the City and the United States,
relative to the operation or maintenance of said Airport,
the execution of which has been required as a condition
precedent to the expenditure of Federal funds for the
extension, expansion, or development of said Airport.
9.5 Modification for Granting Funds. In the event that the
Federal, State, or Local Government requires, as a condition
precedent to provision of funds for the improvement of the
Airport, modifications or changes to this Agreement,
Concessionaire agrees to consent to such reasonable
amendments, modifications, revisions, supplement, or
deletions of any of the terms, conditions or requirements of
this Agreement, as may be reasonably required to enable the
City to obtain said funds, provided that in no event shall
such changes impair the rights of Concessionaire.
9.6 Governing Law. This Agreement shall be deemed to have been
made in, and be construed in accordance with the laws of
the State of Texas.
9.7 Notices/Address. Except as herein otherwise expressly
provided, all notices required to be given to the City or
Concessionaire hereunder shall be in writing and shall be
sent by certified mail, return receipt requested, to:
Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Concessionaire: John S. Pagan
Title: President
Address: 3737 South Padre Island Drive
City: Corpus Christi, Tx 78415
Either party may designate in writing from time to time any
changes in addresses or any addresses of substitute or
supplementary persons in connection with said notices. The
effective date of service of any notice shall be the date
such notice is received by either party.
CITY OF CORPUS CIHRISTI
CORPUS CHRISTI, TEXAS
deemed in violation of this Agreement should it be prevented
from performing any of the obligations hereunder by reason
of shortage of material, acts of God, acts of the public
enemy, acts of superior governmental authority, weather
conditions, riots, rebellion, sabotage, or any other
circumstances for which it is not responsible or which is
not within its control.
9.10 Invalid Provisions. In the event that any covenant,
condition or provision herein contained is held to be
invalid by a court of competent jurisdiction, the invalidity
of any such covenant, condition, or provision shall in no
way affect any other covenant, condition, or provision.
9.11 Headings. The headings of the Sections of this Agreement
are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope
or intent of any provisions of this Agreement and shall not
be construed to affect in any manner the terms and
provisions hereof or the interpretation or construction
hereof.
9.12 Required Approvals. Whenever the approval of the City
or of Concessionaire is required, no such approval shall
be unreasonably requested or withheld.
9.13 Successors and Assigns. All of the terms, provisions,
covenants, stipulations, conditions, and considerations of
this Agreement shall extend to and bind the legal
representative, successors, sublessees, and assigns of the
respective parties hereto.
9.14 Rights Cumulative. The rights and remedies of the City and
the Concessionaire specified in this Article are not
intended to be, and shall not be exclusive of one another or
exclusive of any common law right of either of the parties
hereto.
9.15 Waivers. No waiver of default by either party of
covenants, and conditions hereof to be performed,
observed by the other party shall be construed as
operate as, a waiver of any subsequent default of
terms, covenants, or conditions herein contained,
performed, kept and observed by the other party.
any terms,
kept and
, or
any of the
to be
9.16 Gratuities. The City may cancel this Agreement should it be
found that gratuities in the form of entertainment, gifts or
otherwise, were offered or given by the Concessionaire or
any of its agents or representatives, to any City official
or employee with a view toward securing the rights and
privileges granted herein or toward securing favorable
treatment with respect to the wording, amending or making of
20
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
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A
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'Y OF CORPUS CHRIST
APUS CHRISTI, TEXAS -
EXHIBIT D
Month: JULY 1991
Name: BUDGET -RENT -A -CAR OF CORPUS CHRISTI
Title:
Waste Oil:
Volume 10 GALLONS
Method of disposal RETURN TO PAGAN-LEWIS MOTORS
Name and location of place of disposal
PAGAN-LEWIS MOTORS, INC.
Used Tires:
Volume 4 TIRES
Method of disposal GIVE TO TIRE. DEALER
Name and location of place of disposal
GOODYEAR, MICIIELIEN
Hazardous materials, if any:
Type NONE
Volume
Method of disposal
Name and location of placed disposal
I JOHN S. PAGAN PRESIDENT
(Name) (Title)
of PAGAN-LEWIS MOTORS, -BRAC -CC Company do hereby certify that
the above (Rent- -Car) information is true and correct and I am
in sitio thority to have such knowledge.
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;
BILI DATE. 03/01/89
DETH.,H THIS PORTION AND RETURN WITH
CHECK OR MONEY ORDER PAYABLE TO:
TEXAS WATER COMMISSION
P.O. BOX 149003
AUSTIN, TEXAS 78714-9003
PAGAN LEWIS MOTORS
3737 5. PADRE ISLAND DR.
CORPUS CHRISTI TX 78415
Farm AR/3011-A lfay. 03-01-891
I was rNC-0236)
ACCOUNT NO. BALANCE DIJE DATE DI
0000010651
175.00
04/10/89
PLEASE INDICATE ADDRESS CHANGE ON BACK
RECEIVED
MAR 1989
0000010651 58300000175000410890
TEXAS WATER COMMISSION
PAGE
1
DATE I REFERENCE
DESCRIPTION
AMOUNT
BALANCE
03/01/89
UST0065270
FACILITY 0016785 FY: 89 QTR: 2
75.00
75.0
U'GROUND TANK FEE TANKS: 3
03/01/89 UST0066443
FACILITY 0022047 FY: 89 QTR: 2
- -75700
-------150.0
U'GROUND TANK FEE TANKS: 3
03/01/89 UST0066444
FACILITY 0022048 FY: 89 QTR: 2
25.0.0
_ 175.0
Ill
U'GROUND TANK FEE TANKS: 1
,' ' .£f
•
FEE ASSES
ED SEPT.1,
1988. TOP PORTION MUST ACCOMPANY PAYMENT.
ISSUE ONE
CHECK PER ACCOUNT
IF YOU HAVE MORE THAN ONE ACCOUNT.
ACCOUNT NO.
PREVIOUS -
PAYMENTS & +
CHARGES & +
LATE FEES =
BALANCE DUE
BALANCE
CREDITS
ADJUSTMENTS
0000010651
0.00
0.00
175.00
0.00
175.0
BILLING DATE:
03/01/89 SEE REVERSE FOR
I A'?1 PA.F"Nr! nl/nO/pg
EXPLANATION OF CHARGES
PLEASE PAY THIS AMOUNT f f f
By 04/10/89 -INCLUDE
TEXAS WATER COMMISSION
UNDERGROUND STORAGE TANK FACILITY IDENTIFICATION
AS OF INVOICE DATE 03/01/89
ACCOUNT OWNER NAME & ADDRESS
NUMBER
10651 PAGAN LEWIS MOTORS
3737 S. PADRE ISLAND DR.
CORPUS CHRISTI TX 78415
REFERENCE FACILITY NAME ADDRESS CITY BILLED
NUMBER NUMBER TANKS
UST0065270 0016785 PAGAN LEWIS MOTORS 3737 S. PADRE ISLAND DR. CORPUS CHRISTI 3
U5T0066443 0022047 PAGAN LEWIS MOTORS 3737 5. PADRE ISLAND DR. CORPUS CHRISTI
UST0066444 0022048 BUDGET RENT CARS HWY 44 CORPUS CHRISTI 1
1
B UA'E 12/15/8)
DE i THIS PORTION AND RETURN WITH
CHECK OR MONEY ORDER PAYABLE TO:
TEXAS WATER COMMISSION
P.O. BOX 149003
AUSTIN, TEXAS 78714-9003
PAGAN LEWIS MOTORS
3737 S. PADRE ISLAND DR.
CORPUS CHRISTI TX 78415
Form >R401 I -A 'Rev. 03-01-891
(we, 1 WC -02361
AI.I.UUN I NU. BALANLE UUt
UAIt UI'
0000010651 425.00
01/30h,
PLEASE INDICATE ADDRESS CHANGE ON BACK
0000010651 5833374 00000425000130907
TEXAS WATER COMMISSION
PAGE
1
DATE REFERENCE
DESCRIPTION
AMOUNT
BALANCE
12/11/89
UST0111011
FACILITY 0016785 FY: 90 QTR: 2
150.00
150.(
U'GROUND TANK FEE TANKS: 3
12/11/89
UST0112165
FACILITY 9$22-047 FY:
150--O0
300.(
9-0 $T -R: 2
U'GROUND TANK FEE TANKS: 3
12/11/89
UST0112166
FACILITY 0022048 FY: 90 QTR: 2
50.00
350.(
rKA e
U' GROUND TANK FEE TANKS: 1
�
—
(2 Op,'
FEE ASSES ED SEPT. 1S^.
TOP PORTION OF BILL MUST ACCOMPANY PAYMENT.
PLEASE REID INSERTS FOR
MORE INFORMATION AND REQUESTS FOR TAX
PAYER ID
NUMBER.
ACCOUNT NO.
PREVIOUS —
PAYMENTS & +
CHARGES & +
LATE FEES =
BALANCE DUE
BALANCE
CREDITS
ADJUSTMENTS
0000010651
75.00
0.00
350.00
0.00
425.(
BILLING DATE:
12/15/89 SEE REVERSE FOR
LAST PAYMENT' 03/31/89 EXPLANATION OF CHARGES
PLEASE PAY THIS AMOUNT 'ft f
BY 01/30/90 —INCLUDE
BIL' 7ATF. 11/09/90
DETHLH THIS PORTION AND RETURN WITH
CHECK OR MONEY ORDER PAYABLE TO:
TEXAS WATER COMMISSION
P.O. BOX 149003
AUSTIN, TEXAS 78714-9003
PAGAN LEWIS MOTORS
3737 S. PADRE ISLAND DR.
CORPUS CHRISTI TX 78415
Form 04011-A066. 03-01-891
fwes •NC-02361
ACCOUNT NO. BALANCE DUE DATE Di' '
0000010651
425.00
12/10/9u
PLEASE INDICATE ADDRESS CHANGE ON BACK
0000010651 5833177 00000425001210903
TEXAS WATER COMMISSION
PAGE
1
DATE REFERENCE
DESCRIPTION
AMOUNT
BALANCE
11/09/90
UST0161150
FACILITY 0016785 FY: 91 QTR: 2
150.00
150.0
U'GROUND TANK FEE TANKS: 3
11/09/90
UST0162181
FACILITY 0022048 FY: 91 QTR: 2
50.00
200.0
U'GROUND TANK FEE TANKS: 1
•
REG
cid 4 113 j`�,®
TOP PORTION MUST ACCOMPANY
PAYMENT.
FEES ASSE'.SED SEPT. 1ST.
FY88=9-1-87. FYB9=9-1-88. FY90=9-1-89.
FY91=9-1-90.
ACCOUNT NO.
PREVIOUS -
PAYMENTS & +
CHARGES & +
LATE FEES =
BALANCE DUE
BALANCE
CREDITS
ADJUSTMENTS
0000010651
225.00
0.00
200.00
0.00
425.0
BILI ING DATE:
I =r PAN(rIFNT
11/09/90
01'17/Q0
SEE REVERSE FOR
EXPLANATION OF CHARGES
PLEASE PAY THIS AMOUNT f?
BY 12/10/90 —INCLUDE
TEXAS WATER COMMISSION
PETROLEUM STORAGE TANK FACILITY IDENTIFICATION
ACCOUNT OWNER NAME & ADDRESS
NUMBER
10651 PAGAN LEWIS MOTORS
3737 S. PADRE ISLAND DR.
CORPUS CHRISTI TX 78415
FACILITY ID NAME ADDRESS CITY
REFERENCE # FISCAL YEAR TANKS BILLED AMOUNT BILLED
0016785 PAGAN LEWIS MOTORS 3737 S PADRE ISLAND DR CORPUS CHRISTI
UST0065270 89 3 75.00
UST0111011 90 3 150.00
UST0161150 91 3 150.00
0022048 BUDGET RENT CARS HWY 44 CORPUS CHRISTI
UST0066444 89 1 25.00
UST0112166 90 1 50.00
UST0162181 91 1 50.00
1
:0Z-1-9004-114
0414 N011d33X3
06/60/11
1.0
3100 53145 1541
1Wd 3141 A3
3007 1N3W31415
3000 519N31
ON NNNO 1541
1.0
00'
00'
1Wd Ald43 A]
51N31'JA4d AS
1Wd 3101 A]
3140 NNNO
06/60/11 3140 1W15
00'00Z 1W4 N33140
1541
1541
1541
00
00'
00'
1Wd 1dWONd AJ
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06/L1/10 3140 143313
06/60/11 3100 53145
1541
1541
00
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53105 A]
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00.0 00'0
154d 06-19 1544
09-1E
00'00Z
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1939903
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150
NW515
•
163 0049-559 (119)
3N0Nd3131/1041NOJ
51491..
91 115111143 SNd903
521010W 51M31 11404d
A113/314091
L9/9l ZI ,dN-135
1590100000 JMI
ON-1903 JO1A10
11 01
06/11/11
501415
1131101500
•
SCROLL THRU INVOICE ACTIVITY 8Y CUSTOMER
DIVLDC: TWC CUST-N0: 0000010651 PAGAN LEWIS MOTORS
12/11/90 10:10
---,FOR INVOICE HEADER/DETAIL DISPLAY SCREEN, TAR TO THE
INVOICE-NO TYPE DATE AMOUNT OAT REFERENCE
HEADER AND TRANSMIT
1JST0065270 INV 3/01/89
UST0068443 INV 3/01/89
UST0066440 PMT 3/31/69
75.00 UST
75.00 UST
75.00-
0018785E7: 89U'GROU
0022047FY: 89U'GROU
UST0068444 INV 3/01/89
UST0066444 PMT 3/31/89
0510111011 INV 12/11/89
25.00 UST
25.00-
150.00 UST
150.00-
150.00 UST
50.00 UST
50.00-
150.00 UST
50.00 UST
0022046FY 89U'GROU
0016185FY: 901J'GROU
0022047FY: 90U'GROU
0022048FY, 90U'GROU
0016165FY: 91U'GROU
0022048FY: 91U'GROU
UST0111011 PMT 1/17/90
UST0112165 INV 12/11/89
UST0112166 INV 12/11(89
UST0112166 PMT 1/17/90
UST0161150 INV 11/09/90
UST0162181 INV 11(09/90
TEXAS WATER COMMISSION
PETROLEUM STORAGE TANK FACILITY IDENTIFICATION
ACCOUNT OWNER NAME & ADDRESS
NUMBER
10651 PAGAN LEWIS MOTORS
3737 S. PADRE ISLAND DR.
CORPUS CHRISTI TX 78415
ID NAME ADDRESS CITY
'ERENCE H FISCAL YEAR TANKS BILLED AMOUNT BILLED
PAGAN LEWIS MOTORS 3737 S PADRE ISLAND DR
r0065270 89 3 75.00
r0111011 90 3 150.00
r0161150 91 3 150.00
CORPUS CHRIS
BUDGET RENT CARS HWY 44 CORPUS CHRIS
r0066444 89 1 25.00
r0112166 90 1 50.00
r0162181 91 1 50.00
at the foregoing
ear day of
rdin nce}Nas d fo the first time and passed to its second reading on
f3 11_l CO� , 1 ( , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was read for the second time and passed to its third reading on
this the 1 day of )(;( t(rki , 19 / , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
(Lit)
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That th or going ordinance wa read for the third time and passed finally on this th
day ofd 1- , 19 i , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
PASSED AND APPROVED, this th6 CI
City Secretary
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of r (taco
v �
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED: 1 I DAY OF N N C, ,, 4 , 19
JAMES R. BRAY, JR., CITY ATTORNEY
By v `1,(dA )2,21,i
044
, Assistant City Attorney
021273
PUBLISHER'8 AFFIDAVIT
State of Texas, )
County of Nueces ) ss:
CITY OF CORPUS CHRISTI
Ad #52946
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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. 021273 AUTHORIZING which
the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 3rd day of November 1991.
One Time(s)
S 54.00
/ ZLC ,/R t%l2YLC�24-4
Business Office Secretary
Subscribed and sworn to before me this 6th day of
November , 1991.
.� 12)3
��U �XX��1/V W � TS
RENT -A DMA .
JEAN f MAR
NERTZ C•"�D/9/A
TITA; OF
TIONAL CAR RENTAL OP
CORPUS CHRISM INC.;
LLpApRRt,LLgq
ASYSTEMS, INC. D/B/11
PAGAN LEWIS MOTORS.
INC. D/B/A BUDGET
RENT -A -CA$ OF CORPUS
CHRIST; AND PROVIDING
POR PUBLICATION; remunar-
atIOn t_ t . .. shill be:
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
• m'of ?. Ib
S10, for underground
storage tanks.
Copies of the leases
are on file in the
City Secretary's office.
The ordinance wee passed
and approved on third
reading by the City Coun-
cil of the City of Cor-
pus Christi, Texas on the 29th
day of Nobember, 1991.
/s/ Armando Chaps
City Secretary
City of Corpus Christi
PUBLISHER'S AFFIDAVIT
State of Texas,
County of Nueces ) ss:
CITY OF CORPUS CHRISTI
Ad #64074
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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
'Patricia Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 29th day of September 1991.
One Time(s)
Business Office Secretary
$ 54.00
Subscribed and sworn to before me this 2nd
October , 1991.
kAaLuk cry
Notary Public, Nueces County, Texas
My commission expires on
PubUc
day of
re NOTICE • GE OF 0,1:
DIVAN „ RST READING
1e AU • THE E%ECU- I
TION A AGREEMENTS'
ble WITH COASTAL BEND
be RENT•A-CAR, INC. D/B/A
1e AVIS RENT -A -CAR; MAR-
i- JEAN TEXAS, INC., D/B/A
f. HERTZ CORPORATION; NA-
I TIONAL CAR RENTAL OF
iim CORPUS CHRISTI, INC; DOL-
_ LAR SYSTEMS, INC. D/B/A
re DOLLAR RENT -A -CAR;. AND
Won 4
3' ON City nu be:
fat h: to OW 1
counter space 0.12 per q.
ft. 19f land rental of the astry-
$11410 per specs for re
return ear Parkhill apaw. and
a deposit of 51,000 to
$10,000 for underground
storage tanks.
Copies of the leases are on
l
file in the City Secretary's of- I
fin.
The ordinpnce was passed
and approved on first
.ta reading by the City Council of
ap the City of Corpus Christi..
k - Telma on the 24th day of
th Baptamber, 1991.
/5/ Armando Chaps
vIvi
City Pmcntary
,ice
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #55724
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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 ON SECOND READING AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 6th day of October 1991.
One Time(s)
$ 55.35
t L )-C-91 t:4-1
Business Office Secretary
Subscribed and sworn to before me this 8th
October , 1991.
( tbaglavrn D
Notary Public, Nueces County, Texas
My commission expires on
D
/ Pudic
day of
NOTICE 0e,IABRAGE
Of OOFICIIP Alm ON
SECOND READING
AUTHORIZING 11W EXECU-
TION OF AGREEMENTS
WITH COASTAL BEND
RENT -A -CAR, INC. D/B/A
AVIS RENT -A -CAR; MAR -
JEAN TEXAS, INC., D/B/A
HERTZ CORPORATION; NA-
TIONAL CAR RENTAL OF
CORPUS CHRISTI, INC; DOL-
LAR SYSTEMS, INC. D/B/A
DOLLAR RENT -A -CAR; AND
PAGAN LEWIS MOTORS,
INC. D/B/A BUDGET
a- RENT -A -CAR OF CORPU
CHRISTI; AND PROVIDING
FOR PUBLICATION; remuner-
'a- ation to the City shall be:
$21.47 sq. ft. for office &
counter space; 5,12 pet sq.
ft. for land rental of the auto -
I@.
1' n, motive service facilities areas;
$15.00 per space for ready &
1, retum car perking apace; and
a deposit of $1,000 to
e 510,000 for underground
storage tanks.
Copies of the leases
are on file in the
r- City Secretary's office.
The ordinance was passed
t, and approved on second
reading by the City Council of
the City of Corpus Christi,
Texas on the 1st day of Octo-
ber, 1991.
/e/ Armando Chapa
City Secretary
Qw of Corpus Christi
Ms,
et
run
sy