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.