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HomeMy WebLinkAbout021628 ORD - 04/06/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THREE-YEAR LEASE WITH THE BANK OF CORPUS CHRISTI TO OPERATE AN AUTOMATIC TELLER MACHINE IN THE TERMINAL OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR 33% OF SHARED NET INCOME AS MONTHLY RENT; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a three-year lease agreement with The Bank of Corpus Christi, to operate an automatic teller machine in the terminal of the Corpus Christi International Airport, for a monthly rent of thirty-three (33%) percent of shared net income, all as more fully set forth in the Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.324.ajr 021628 MICROFIU rU City of Corpus Chnsti LEASE AGREEMENT BETWEEN CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE BANK OF CORPUS CHRISTI THIS AGREEMENT made and entered into this day of 1993 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; and 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 rentals, undertakings and covenants recited herein, the parties hereby covenant and agree as follows: SECTION - PREMISES That for and in consideration ::f ::e payments and agreements :ereinafter mentioned to be made by lessee, city bces hereby grant the right and privilege to maintain and operate an automatic teller : acnine, and lease the space required for _.a:0the Corpus Christi International Airport. .la rJ It is recognized that conditions may change _n The Airport making it necessary and desirable for the benefit of the t/raveling public to revise, move, rearrange or reconstruct cart or all of the Terminal. In such event, it is agreedthat the City, upon 30 days written notice, shall have the right to nove 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 ..c expense to Lessee. SECTION 3. - TERM CF AGREEMENT A. The term of this Agreement shall be for a period of three (31 _rears commencing upon execution by the City Manager. r 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 weii 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 mcnt'h 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 .ranted to it, shall not on the grounds of race, color, national prigor disability discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 15 _ :he Federal Aviation Regulations. The City is hereby granted :he right to take such action, anything to the contrary herein _.otwithstandlnc, as the United Etates may direct to enforce this '. ondiscr'_mination covenant. SECTION 5. - LAWS, ORDINANCES AND REGULATIONS Lessee snail comply with all laws, ordinances, regulations and rules of the City and the federal and state governments which may ,_ applicable tc its operation under this Agreement. SECTION 3. - FACILITIES AND SERVICES TO BE PROVIDED EY CITY The City shall: Provide adequate heat, air or.ditioning, and ventilation volume at the point pf City supplied at:_ing boxes. :-:ain=ain and re,oair uti i- _1eat:nt and air zondltioning systems supplied ny :he City. Provide electricity to point f the existing City outlets D. Provide terrazzo floors. Extend to Lessee the same fire and police protection and other services extended to other tenants and facilities in the Terminal. Provide an automatic teller machine :"ATM"). SECTION 7. - SERVICES AND EQUIPMENT TO BE FURNISHED BY LESSEE The Lessee shall: Maintain at its awn expense all fixtures, furnishings, equipment and :elated items necessary 70 the conduct of Lessee's operation ether than the ATM. including without limitation supplies. money, paper, the dedicated phone line and modem and ail _naraes associated therewith. All equipment, trage _--,_,.--ye-, etc. furnished and installed by Lessee shall remain the property of Lessee during the term o L this Agreement. Submit complete information regarding any proposed chances tc the AT'1, or any signage related thereto, including detailed design, materials, colors, and erection or installation specifications co the City's :hector c f^ _. __.,__n approval 1i1 sdrit_:;g prior to installation, display or other :ubli: use :f said lm' tali___ ic secnre such crlor ..prrovai shall be Pat's,_ for termination "f the Agreement. Provide necessary z,ain-tenanoe, repair and said ATfl in - ...anne_ . EC^.ISN =. - LEPF.IVAT::N OF EA__: PFEMI:ES cing of :f Lessee Is deprived af 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 cf Lessee, its employees, agents or independent contractors, or if the pubi i_ Isdenied _..rmai -.ccess to the Airport or the leased premises of Lessee for any reason, the cit'; shall make for such periods a or tl dilate 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 _.ormal access to the Airport, said premises shall not have been repaired or reconstructed or placed in operation, Lessee may give the City written notice of its intention to cancel this Agreement in its entirety as of the date of such damage or destruction or denial of access, without any liability being incurred thereby on the part tf Lessee or the City. SECTION 9. - INGRESS AND EGRESS Subject to, the reasonable rules of the City, Lessee, its employees, servants, patrons, invitees, suppliers cf 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 Pe assigned, transferred, pledged or otherwise encumbered, without the prior ;written approval of the Lessee shah 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 ..pproval of the City. SECTION 11. - INSURANCE AND LIABILITY Lessee hereby agrees to indemnify and hold harmless the __ti, its agents, officers, and employees from all suits and actions cf every name and descri^ _on brought against them or which may result, from or on account of any injuries or damage received cr sustained by any person, persons, or property, by or from acts of the said Lessee, its agents, servants. or employees, cerformed on the premises of said Airport pursuant to this Agreement to supply automatic teller machine services. 3. 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. count_ or City laws, by- laws, ordinances or regulations. by said Lessee, its agents servants, or employees. 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. including all Shared Revenues, Shared Expenses and Shared Net Income; or Repair the damage within a reasonable time at City's expense. Lessee shall minimize expenses and no rent shall be due while premises are inaccessible to the public. 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. Lessee covenants and agrees to provide and keep in force public liability and property damage insurance with public liability coverage of not less than s300,000 for each person and S500.000 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 :_hall be promptly Provided to Cit_: upon its written request. SECTION 12. - TERMINATION EY CITY In addition to anv other termination lights contained in this Agreement. the City shall have the right upon ninety (90) days written notice to Lessee, xcept as ;the'_-w__e >rovided herein, to terminate this Agreement any time after the occurr_ of any one or more of the following events: A. Nen-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. R. 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 cr its property, the City may treat the occurrence cf 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. Lessee becomes permanently deprived of the rights, powers and privileges necessary to the proper conduct and operations of the facilities specified in the Agreement. Damage by fire or other casualty to the premises as set forth in Section 11 herein. SECTION 13. - TERMINATION BY LESSEE In addition to any other termination rights contained in this Agreement, this Agreement shall be subject to termination by Lessee in the event of any one or more of the following: A. The permanent abandonment or closure of the Corpus Christi International Airport as an air terminal. E 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. 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 of 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, successor, and assigns of the parties hereto. This Agreement constitutes the entire agreement between the Cit-- 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: If to City: City of Corpus Christi 1000 International .Drive Corpus Christi, TX 78406-1806 Attn: Director of Aviation If to Bank: The Bank of Corpus Christi P.O. BOX =648 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 Armando Chapa, City Secretary Juan Garza, City Manager Approved as at legal form this day of a 1993 James R. Bray Jr., City Attorney fkk LlQk /111 )4 Alison Gallaway Assistant City Attorney THE BANK OF CORPUS CHRISTI LESSEE /6 Thomas N. Matthews, President T City of Corpus Christi 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 t:ansaccionl SHARED EXPENSES ;4Pact Process Expense - network :4anagement Fee Dedicated Phone Line Monthly Fee ATM Mpact Unit 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 -he Shared Revenue OTHER EXPENSES Maintenance on Modem Equipment as Needed That the foregoing ordinance was read for the first time and passed to its second reading on this the 2- day of Miti C R , 19 q 3, by the following vote: Mary Rhodes Cezar Galindo Soe-Guerrero Betty Jean Longoria Ct- Edward A. Martin Joe -McComb Dr. David McNichols Clif Moss Mary Pat Slavik n That the foregoing ordinance was read for the, second time and passed to its third reading on this the I day of kIVAI , 19 ll 3 , by the following vote: Mary Rhodes Cezar Galindo Lee Guerrero Betty Jean Longoria That the foregoing ordinance day of jpyt,t F_ , 19 Mary Rhodes Cezar Galindo bee-Querreio Betty Jean Longoria Edward A. Martin Joe -McComb Dr. David McNichols Clif Moss Mary Pat Slavik read for the third time and passed finally on this the (^ by the following vote: A105ta,t,�, Edward A. Martin Joe McConsb Dr. David McNichols k . Clif Moss Mary Pat Slavik day ofi.A PASSED AND APPROVED, this the City Secretary i 19 1i . MAYOR THE C APPROVED: > . DAY OF , 19 : JAMES R. BRAY, JR., CITY ATTORNEY B 044 Assistant City Attorney 021628 OF CORPUS CHRISTI PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 40649 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant 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. 021628 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THREE-YEAR LEASE WITH THE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the llth day(s) of April, 1993. One Time(s) $ 56.00 7 Business Office Administrative Assistant Subscribed and sworn to before me this 3rd day of May, 1993. N ce Count Notary Public, y, Texas EDNA KOSTER Notary Public State of Texas My Comm. Exp. 11.30-96 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 47748 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Cornus 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 THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THREE-YEAR which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14th day(s) of March, 1993. One Time(s) $ 59.20 Business Office Administrative Assistant Subscribed and sworn to before me this 26th day of March, 1993. Notar PublicCoun yty, Texas EDNA KOSTER Notary Putt State of Texas Comm. Exp. 11-30-96 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 49869 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant 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 FIRST READING AUTHORIZING THE CITY MAMAGR OR HIS DESIGNEE TO EXECUTE A THREE-YEAR which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 7th day(s) of March. 1993. One Time(s) $ 59.20 Business Office Administrative Assistant Subscribed and sworn to before me this 16th day of March, 1993. Ok bfci U i rs,t vecd Notary Public, Nueces County, Texas Ut3F. Notar\, Statc M,. Con r . x• I�H:E OF PATINTHEAGE ITY AUTOEG MANAGER 011 HIS DESINGNEE LEASEE WCUTE ITH THE BANKTHREE-YEAR OF CORPUS CHRISTI TO OPER- ELLER AMACH NETOMATIC IN TH AU TERMEINAL OF THE CORpI CHRISTI INTERNATIONAL SHA EDT NETORA TIOINCOME AS MONTHLY RENT; AND PRO- yIDING FOR PUBLICATION. HE TERM IS FOR THREE YEARS FOR THE PURPOSE OF OPERATING AN AUTO- MATIC TELLER MACHINE IN THE TERMINAL OF THE COR- PUS CHRISTI INTERNA- TIONAL AIRPORT FOR 33% OF SHARED NET INCOME AS MONTHLY qr: y of *is Maw is on S11A in the and appnoyad an that PaaNd mp Rie thereadCftyby of CorpuCChril toi Texas on the 2nd day of March, 1993. /s/ Armando Chaim CCity of Corpus Christi or ;tie to ht ✓s ut all s. or a- �al L 7 fi VI 214/45011001.�- NQTICE. Of PASSAGE OFORMANCE ON 'COMO READING AUTHL"RIZE4G THE CIT MANAGER OR HIS DESIGNE TO EXECUTE A THREE-YEAI LEASE WITH THE BANK OF CORPUS CHRISTI TO OPER- ATE AN AUTOMATIC TELLER MACHINE IN THE TERMINAL OF THE CORPUS CHRISTI -INTERNATIONAL AIRPORT FOR 33% OF SHARED NET INCOME AS MONTHLY RENT: AND PRO- VIDING FOR PUBLICATION. THE TERM IS FOR THREE YEARS FOR THE PURPOSE OF OPERATING AN AUTO- MATIC TELLER MACHINE IN THE TERMINAL OF THE COR- PUS CHRISTI INTERNA- TIONAL AIRPORT FOR 33% OF SHARED NET INCOME AS MONTHLY RENT. A copy of the lease is an file in the City Secretary's office. The ordinance was passed and approved on second reading by the City Council of the City of Corpus Christi, Texas on the 9th day of March, 1993. /s/ Armando Chapa City Secretary _ City of Corpus Christi OF NCE NOB AQ AUTHORIZING N H2E CITY 72 MANAGER OR HIS DESIGNEE Bic TO EXE UTE A THREE-YEAR Sq, LEASE WITH THE BANK OF CORPUS CHRISTI TO OPER- ty' ATE AN AUTOMATIC 72 TELLER MACHINE IN. THE Bic TERMINAL OF THE CORPUS CHRISTI INTERNATIONAL Si AIRPORT FOR 33% OF Tiqt SHARED NET INCOME AS 72, MONTHLY RENT; AND PRO-. VIDING FOR PUBLICATION. . THE TERM IS FOR THREE UM YEARS FOR THE PURPOSE of OF OPERATING AN AUTO- MATIC TELLER MACHINE IN cC THE TERMINAL OF THE COR- 3. PUS CHRISTI INTERNA- TIONAL AIRPORT FOR 33% T A MMOONTHLYY RREND NET NT INCOME 7 A copy of the Was is on file in the City Secretary's office. T The ordinance was passed 7 and approved on third reeding & by the City Council of the City 2 the. Christi, ISM Btof h day of Apt IOW of /s/ Arnaldo Chaps to tart' cr City of. Christi 3.