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HomeMy WebLinkAbout021339 ORD - 02/25/1992AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A ONE (1) YEAR LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE BANK OF CORPUS CHRISTI FOR THE OPERATION OF AN AUTOMATIC TELLER MACHINE SERVICE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a one (1) year lease agreement between the City of Corpus Christi and the Bank of Corpus Christi for the operation of an automatic teller machine service at the Corpus Christi International Airport, all as more fully set forth in the Airport Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." MICROBLMED AG5000.093.kp 021339 AIRPORT LEASE AGREEMENT THIS AGREEMENT made and entered into this day of , 1992 by and between the City of Corpus Christi, hereinafter referred to as "City,' and The Bank of Corpus Christi, hereinafter referred to as "Lessee"; WITNESSETH WHEREAS, the City owns and operates an airport known as Corpus Christi International Airport; WHEREAS, the City has determined that automatic teller machine service is appropriate in the terminal building of said Airport; and WHEREAS, Lessee has offered to operate an automatic teller machine service at said Airport. NOW, THEREFORE, for and in consideration of the rentals, undertakings and covenants recited herein, the parties hereby covenant and agree as follows: SECTION 1. - PREMISES That for and in consideration of the payments and agreements hereinafter mentioned to be made by Lessee, City does hereby grant the right and privilege to maintain and operate an automatic teller machine, and lease the space required for same in the Corpus Christi International Airport. The space containing approximately 170 square feet is located in the lobby of said terminal building as depicted and shown on Exhibit "A" attached hereto and made a part hereof. It is recognized that conditions may change in the Airport making it necessary and desirable for the benefit of the traveling public to revise, move, rearrange or reconstruct part or all of the Terminal. In such event, it is agreed that the City shall have the right to move the Lessee'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 Lessee. SECTION 2 - TERM OF AGREEMENT A. The term of this Agreement shall be for a period of one (1) year commencing upon execution by the City Manager. AG0120.004.kp 1 EXHIBIT "A" SECTION 3 - FEES, PAYMENT, AND REPORTING If the cost of Shared Expenses exceed the Shared Revenue, City will pay up to 50 percent of that Deficit, as well as Other Expenses, all as defined on Schedule A attached hereto and made a part hereof for all purposes, within thirty (30) days after receipt of said reports. Lessee shall pay any expenses that are not Shared Expenses or Other Expenses, as defined on Schedule A. If there is Shared Net Income, as defined on Schedule A, Lessee shall pay City 33 percent of said Shared Net Income. Lessee will provide monthly reports to the Director of Aviation on a form provided or approved by the Director of Aviation showing all Shared Revenue, Shared Expenses, Other Expenses, Shared Net Income, and Deficits, as defined on Schedule A. This report will establish profitability. Lessee shall provide the monthly payment and the monthly reports not later than the last business day of the month following the month in which this Agreement becomes effective, and each succeeding month thereafter. SECTION 4 - NON-DISCRIMINATION Lessee, in exercising any of the rights or privileges herein granted to it, shall not on the grounds of race, color or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. The City is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. SECTION 5 - LAWS, ORDINANCES AND REGULATIONS Lessee shall comply with all laws, ordinances, regulations and rules of the City and the federal and state governments which may be applicable to its operation under this Agreement. SECTION 6 - FACILITIES AND SERVICES TO BE PROVIDED BY CITY The City shall: A. Provide adequate heat, air conditioning, and ventilation volume at the point of City supplied mixing boxes. B. Maintain and repair utility, heating and air conditioning systems supplied by the City. AG0120.004.kp 2 C. Provide electricity to point of the existing City outlets. D. Provide terrazzo floors. E. Extend to Lessee the same fire and police protection and other services extended to other tenants and facilities in the Terminal. F. Provide an automatic teller machine ("ATM"). G. Pay for all costs involved in getting the ATM on-line and ready to dispense money. SECTION 7 - SERVICES AND EQUIPMENT TO BE FURNISHED BY LESSEE The Lessee shall: A. Maintain at its own expense all fixtures, furnishings, equipment and related items necessary to the conduct of Lessee's operation other than the ATM, including without limitation supplies, money, paper, the dedicated phone line and modem and all charges associated therewith. All equipment, trade fixtures, etc. furnished and installed by Lessee shall remain the property of Lessee during the term of this Agreement. B. Submit complete information regarding any proposed changes to the ATM, or any signage related thereto, including detailed design, materials, colors, and erection or installation specifications to the City's Director of Aviation for approval in writing prior to installation, display or other public use of said ATM. Failure to secure such prior approval shall be cause for termination of the Agreement. C. Provide necessary maintenance, repair and servicing of said ATM in a timely manner. SECTION 8 - DEPRIVATION OF LEASED PREMISES If Lessee is deprived of its leased premises in said Airport because the premises are rendered untenable or unfit for the uses and purposes contained in this Agreement, without fault on the part of Lessee, its employees, agents or independent contractors, or if the public is denied normal access to the Airport or to the leased premises of Lessee for any reason, the City shall make for such periods a proportionate abatement of the rental payments due hereunder. If within 90 days after the premises have been rendered untenable or unfit as above described or the public has been denied normal access to the Airport, said premises shall not have been repaired or reconstructed or placed in operation, Lessee may give the City written notice of its intention to cancel this Agreement in its entirety as of the date of such AG0120.004.kp 3 damage or destruction or denial of access, without any liability being incurred thereby on the part of Lessee or the City. SECTION 9 - INGRESS AND EGRESS Subject to the reasonable rules of the City, Lessee, its employees, servants, patrons, invitees, suppliers of materials and furnishers of services shall have the right of ingress to and egress from the premises. SECTION 10 - ASSIGNMENT AND SUBLETTING This Agreement shall not be assigned, transferred, pledged or otherwise encumbered, without the prior written approval of the City. Lessee shall not sublet the use or operation of any part, of the premises, nor shall the premises be utilized for any purpose than performance under this Agreement, without the prior written approval of the City. SECTION 11 - INSURANCE AND LIABILITY A. Lessee hereby agrees to indemnify and hold harmless the City, its agents, officers, and employees from all suits and actions of every name and description brought against them or which may result, from or on account of any injuries or damage received or sustained by any person, persons, or property, by or from acts of the said Lessee, its agents, servants, or employees, performed on the premises of said Airport pursuant to this Agreement to supply an Automatic Teller Machine. B. Lessee hereby agrees to indemnify and hold harmless the City, its agents, officers, or employees, against any claims or liability arising from or based upon the violation of any federal, state, county or City laws, by-laws, ordinances or regulations, by said Lessee, its agents, servants or employees. C. In the event that fire damage or damage by other casualty is sustained at any time to said terminal building, the City shall have the option to: 1. Terminate this Agreement, in which event the rent payable by Lessee shall abate, and any prepaid portion thereof be refunded; or 2. Repair said damage within a reasonable time at the City's expense, in which event the rent payable by Lessee hereunder shall abate for only so long a time as and only in the event that said premises are in untenable condition or the public is denied access to the premises. AG0120.004.kp 4 D. Protection against loss by fire or other casualty to the contents of the premises leased shall not at any time be an obligation of the City. E. Lessee covenants and agrees to provide and keep in force public liability and property damage insurance, with public liability coverage of not less than $300,000 for each person and $500,000 per occurrence, naming the City as an additional insured, and to furnish the City at all times with an appropriate certificate from the insurance carrier showing the insurance to be in force, which certificate shall state that such insurance shall not be changed, canceled, or not renewed without thirty days prior written notice thereof to the City's director of aviation. Copies of insurance policies shall be promptly provided to City upon its written request. SECTION 12 - TERMINATION BY CITY In addition to any other termination rights contained in this Agreement, the City shall have the right upon ninety (90) days written notice to Lessee, except as otherwise provided herein, to terminate this Agreement any time after the occurrence of any one or more of the following events: A. Non-payment of fees due the City under this Agreement if such non-payment shall continue for a ten-day period following notice in writing of such non-payment. In such event, termination shall be effective upon the expiration of said ten-day period. B. If any petition shall be filed by or against Lessee to declare it a bankrupt or to delay, reduce, or modify its debts or obligations, if Lessee's property shall be made available for the benefit of creditors, or if a receiver or trustee is appointed for it or its property, the City may treat the occurrence of any one or more of the foregoing events as a breach of the Agreement and thereupon may terminate the Agreement without notice, and immediately enter and repossess the premises covered hereunder. C. Abandonment by Lessee of and discontinuance of operations hereunder. D. Non-performance of any covenant of this Agreement, excluding the covenant of payments herein contained, which shall be treated as set out above, and failure of Lessee to remedy such breach after receipt of written notice from the City of the existence of said breach. E. Lessee becomes permanently deprived of the rights, powers and privileges necessary to the proper conduct and operations of the facilities specified in the Agreement. F. Damage by fire or other casualty to the premises as set forth in Section 11 herein. AG0120.004.kp 5 SECTION 13 - TERMINATION BY LESSEE In addition to any other termination rights contained in this Agreement, this Agreement shall be subject to termination by Lessee in the event of any one or more of the following: A. The permanent abandonment or closure of the Corpus Christi International Airport as an air terminal. B. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof in such a manner as to substantially restrict Lessee therefrom for a period in excess of ninety days. C. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport, and the remaining in force of such injunction for a period in excess of ninety days. D. The default by the City in the performance of any covenant or agreement herein required to be performed by the. City' and the failure of the City to remedy such default for a period of sixty days after receipt of written notice by Lessee to remedy the same. Upon termination of this Agreement for any reason, Lessee at its sole cost and expense, shall remove from the property and premises of the City all equipment, trade fixtures and all other items installed, other than the ATM which is owned by City, and shall restore said property and premises to the condition that existed immediately prior to the commencement of this Agreement, reasonable wear and tear excepted. If Lessee shall fail to do so within thirty days of the date of termination, then the City may effect such removal or restoration at the cost and expense of Lessee, and Lessee agrees to pay the City such cost and expense within thirty (30) days after receipt of invoice therefor. SECTION 14 - AGREEMENT BINDING The terms of this Agreement shall be binding upon the executors, administrators, successors, and assigns of the parties hereto. This Agreement constitutes the entire agreement between the City and Lessee. Each party who signs this agreement by his signature stipulates that all actions necessary to authorize this agreement have been taken. SECTION 15 - NOTICE All notice requires or allowed to be sent, including change of address or named person to notify shall be as follows: AG0120.004.kp 6 If to City: City of Corpus Christi 1000 International Drive Corpus Christi, Tx 78406-1801 Attn: Director of Aviation If to Bank: The Bank of Corpus Christi P.O. Box 2648 Corpus Christi, Tx 78403 Attn: Corina Garcia WITNESS WHEREOF, this Agreement is executed in duplicate originals as of the date first above written. ATTEST: CITY OF CORPUS CHRISTI LESSOR Armando Chapa, City Secretary Juan Garza, City Manager Approved as to legal form this ki day of James R. Bray Jr., City Attorney ALi.1t7 t 4..E.eau Assistant City Attorney THE BANK OF CORPUS CHRISTI LESSEE entwahtl - Ona owaJ Thomas N. Matthews, President AG0120.004.kp 7 ut.t.cast ,1992 THE BANK OF CORPUS CHRISTI MONTHLY ATM EXPENSES/REVENUE SCHEDULE "A" SHARED REVENUE Interchange Fees (Non -customer transactions) Per EDS reports Cash withdrawal Credit card advance Transfer between accounts Balance inquiry Customer fees (per transaction) SHARED EXPENSES MPact Process Expense - network Management Fee Dedicated Phone Line Monthly Fee SHARED NET INCOME Any income resulting from the difference between Shared Revenue and Shared Expenses DEFICIT The amount by which the Shared Expenses exceed the Shared Revenue OTHER EXPENSES - Maintenance on Modem Equipment as needed AG0120.004.kp 8 That the foregoing o dinance was read forhe first time and passed to its second reading oi_ the ) 1 day of . \ Sb b/t,_A Ct h ci , 19 1.'2_ ; by the following vote: ((//��t%, Edward A. Martin (OIL, Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria That the f regoing or this the day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria (t( ft} Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 0-1 ('A ance was read for the second time and passed to its third reading on 2 )1k Lt Ct A c , 19(1 e. , by the following vote: /J �1 Edward A. Martin LC�-'edatal-i Joe McComb dl [1 Dr. David McNichols (tilli_Clif Moss Mary Pat Slavik cif/ That the icor going ordinance wqs read for the third time and passed finally on this the day of..1)(0,f{` ,11 , 19 -y--} by the following vote: Edward A. Martin Mary Rhodes Cezar Galindo Leo Guerrero 1( ' fut, Betty Jean Longoria r y' Joe McComb Dr. David McNichols d P^i r Clif Moss LF 11, 2 Mary Fiat Slavik 11 PASSED AND APPROVED, this the c•.(- day of tj,iLLI.Brat/ , 19 Al"1 ST: C City Secretary APPROVED: )h DAY OF �)c-e.a JAMES R. BRAY, JR., CITY ATTORNEY By `j LI ig L {a La -LA) o , Assistant City Attorney rte MAYOR THE CITY OF CORPUS CHRISTI 044 021339