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
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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.
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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.
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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
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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.
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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.
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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:
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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
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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
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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
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