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HomeMy WebLinkAbout07227 ORD - 05/06/1964JKH:5 -6 -64 , • L A f � � a t' AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF _ OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA _FOR THE USE OF -A' ROOM CONTAINING APPROXIMATELY 325 SQUARE FEET OF FLOOR SPACE AND LOCATED ON THE THIRD FLOOR OF THE CONTROL TOWER STRUCTURE-AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY DESCRIBED IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART, HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY'AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE WITH THE UNITED STATES OF AMERICA FOR THE USE OF A ROOM CONTAIN- ING APPROXIMATELY 325 SQUARE FEET OF FLOOR SPACE AND LOCATED ON THE a THIRD FLOOR OF THECONTROL TOWER STRUCTURE AT THE CORPUS CHRISTI INTER- NATIONAL AIRPORT, ALL AS MORE FULLY DESCRIBED IN THE LEASE,, A COPY OF rb WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. ' • SECTION 2. THE NECESSITY TO EXECUTE AND DELIVER THE LEASE AS HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE N OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION ' AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMER— GENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF'SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSEDFINALLY ON THE DATE OF a ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFE T FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINEq, THIS THE DAY OF MAY, 1964. ATTE . ClrKY SEC TARY APPROVED AS TO GAL F RM THI THE CITY OF CORPUS CHRISTI, TEXAS DAY OF MAY, 1964: CITY°ATTOR EY . alt -q ,. '7227 �" f ip { ar ,l U.S BinnAn+A py„pmNO. 2 (Itovieed) + Appmved by M" 6,1� of ih. 1'rca. 1 . LEASE FA64SW- 18 9 4 BETWEEN CITY OF CORPUS CHRISTI AND THE UNITED STATES of AMERICA 1. THIS LEASE, made and entered into this day of , in the year one thousand nine hundred and Sixty -four by and between CITY OF CORPUS CHRISTI whose address is Corpus Christi International Airport Post Office Sm 1622 Corpus Christi, Texas for hh��)T� 9 administrators, successors, and assigns, hereinafter called the IA3o'�;f`ancMiE UNfTE� 9MAPAMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Government the following- described premises, viz: One roots containing approximately 325 square feet of floor space and located on the third floor of the Control Tower structure, Corpus Christi international Airport, Corpus Christi, Nueces County, Texas, to be used exclusively for the following purposes (see instruction No. 3) Quarters for Federal Aviatiaa �ngeacy Systems Maintenance Sector, Corpus Christi, Texas. 3. To HAVE AND To HoLD the said premises with their appurtenances for the term beginning May 1, 1964, and ending with June 30, 1964. 16-1068 - 4. The Government shall not assign this lease in any event, and shall not sublet the demised premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said premises by anyone other than the Government, such sublessee, and the agents and servants of the Government, or of such sublessee. I. 'iiP!'�� i ',�iiP �1�PP iPPP i79i i1i��tipil IIMflPiUMA11Ift,"PI ]PPPiP9j` jP j1j 1/il111!//1l/ll 6. The Lessor shall furnish to the Government, during the occupancy of said premises, under the terms of this lease, as part of the rental consideration, the following: Lighting fixtures and electrical outlets, including autiatenance thereof and power for operation thereof; replacecant bulbs, tubes, ballasts, and starters; beat and beating facilities, including maintenance thereof; air conditioning, including Mainten- ance thereof and electric power for operation thereof; drinking water facilities, for chilled.vater,, restrocm facilities for both sexes, including supplies; janitor services, including janitor and toilet supplies, said services more particularly described as follows: Sweep, remove trash, clean all toilet facilities and check supplies each day, map floors as net&*; strip and finish floors at six -week intervals; dust furniture and fixtures and clean wails and venetian blind* as required, and other cleaning operations as required. 7. The Government shall pay the Lessor for the premises rent at the following rate: one Thousand one Hundred Thirty seven and 501108 Dollars ($1,137.50) per am . Payment shall be made at the end of each calendar lms th,, In arrears, without subs"xion Of VVAEVAe nnt11 -81 have the right, during the existence of this lease, to make alterations,' attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located) ; which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed therefrom by the Government prior to the termination of this lease, and the Government, if required by the Les, sor, shall, before the expiration of this lease or renewal thereof, restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Govern- ment has no control, excepted: Provided, however, that if the Lessor requires such restoration, the Lessor shall give written notice thereof to the Government twenty (20) days before the termination of the lease. ie- -erecrl i U. 9.6tnndwd Form No.8 (se (8 =) 1935) FA64SW- 18 8 4 [LEA 9. The Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and tenantable condition during the continuance of this lease, except in case of damage aris- ing from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining the premises, the Lessor reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs thereto. 10. If the said premises be destroyed by fire or other casualty this lease shall immediately ter- minate. In case of partial destruction or damage, so as to render the premises untenantable, either party may terminate the lease by giving written notice to the other within fifteen days thereafter, and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage. 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of such corporation or company. SEE ATTACM1iEMT' "A" IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. In presence of: CITY OF CORPUS CHRISTI Lessor. (Aaaj - — - - - -- — Title UNITED STATES OF AMERICA, 13 -- J. T. Sammons, Chief - Real-- Ea"t4a-And - - -- Installation Division FAA Fort Wor gems 76101 (If Lessor is a corporation, the following certificate shah be executed 'y the secretary or assistant secretary.) I, _-- ----- ------------- -- -�-- __ —_ —, certify that I am the Secretary of the corporation named as Lessor in the attached lease; that who signed said lease on behalf of the Lessor, was then of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its cor- porate powers. [.RVORATaI INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE i. This standard form of lease shall be used whenever the Government is the lessee of real property; except that when the total consideration does not exceed $100 and the term of the lease does not exceed 1 year the use of this form is optional. In all cases where the rental to be paid exceeds $2,000 per annum the annual rental shall not exceed 15 per centum of the fair market value of the rented premises at the date of lease. Alterations, improvements, and repairs of the rented premises by the Government shall not exceed 25 per centum of the amount of the rent for the first year of the rental term or for the rental term if less than 1 year. 2. The lease shall be dated and the full name and address of the lessor clearly written in paragraph 1. 3. The premises shall be fully described, and, in case of rooms, the floor and room number of each room given. The language inserted at the end of article 2 of the lease should specify only the general nature of the use, that is, "office quarters," "storage space," etc. 4. Whenever the lease is executed by an attorney, agent, or trustee on behalf of the lessor, two authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor, shall accompany the lease. 5. When the lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 6. Where the lessor is a corporation, the lease shall be signed with the corporate name, fol- lowed by the signature and title of the officer or other person signing the lease on its behalf, kluly attested, and, if requested by the Government, evidence of his authority so to act shall he furnished. 7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat, light, janitor service, etc. y 8. There shall be no deviation from this form without prior authorization by the Director of Procurement, except — (a) Paragraph 3 may be drafted to cover a monthly tenancy or other period less than a year. (b) In paragraph 5, if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "from year to year" shall be deleted and proper substitution made. If the right of renewal is not desired or cannot be secured para- graph 5 may be deleted. (c) Paragraph 6 may be deleted if the owner is not to furnish additional facilities. (d) If the premises are suitable without alterations, etc., paragraph 8 maybe deleted. (e) Paragraph 9 provides that the lessor shall, "unless herein specified to the contrary, maintain the said premises in good repair, etc." A modification or elimination of this requirement would not therefore be a deviation. (f) In case the premises consist of unimproved land, paragraph 10 may be deleted. (g) When executing leases covering premises in foreign countries, departure from the standard form is permissible to the extent necessary to conform to local laws, customs, or practices. (h) Additional provisions, relating to the particular subject matter mutually agreed upon, may be inserted, if not in conflict with the standard provisions, including a mutual right to terminate the lease upon a stated number of days' notice, but to permit only the lessor so to terminate would be a deviation requiring approval as above provided. 9. When deletions or other alterations are permitted specific notation thereof shall be entered in the blank space following paragraph 11 before signing. - 10. If the property leased is located in a State requiring the recording of leases in order to protect the tenant's rights, care should be taken to comply with all such statutory requirements. a. e. w..a,..a1..aixnnu omcs ie- -+mars Fk64sw- -1 884 ATTACHNM "A" 12. This lease maq, at: the option of the Government, be renewed frost year to year at a rental of One Thousand One Hundred Thirty. Seven and 50/100 Dollard ($1,137.50) per annum,, and otherwise upon the terms, _ ind conditione.herafn specified. The Government's option shall be deeied exercised and the lease tanewed.each year for-out year 'unless the Government gives, thirty (30) days'' notice that it will not exer- ciao its option before- this•leaae or any renewal- .thereof empire*;-' Provided. That no renewal thereof shall extend the period of occupagpy_ of the premises beyond the 30th day of June 1969; and Provided Further, -That adequate appropriations=* available from year to year for the payment of, rentals. < 13. The Government shall have the right,and privilege to terminate this lease at-any tine during the initial term of thi's•lease, or any _ • renewal term thereof', by giving thirty (30) days" notice in writing �a to the l;essoi,`such notice to be computed,fromt the date of-mailing, .and uo rintals shell accrue after such termination-date, W The- worms "heirs, executors" in Article 1 and all of Articie'S a were- deleted, 'and this Article 14, as well,-as Articles 12-and 13 above, was added and ;cad* a part hereof prior to-the signature of any of the parties to this lease. CORPUS CHRISTI, TEXAS _LDAY OF , �9�• TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD rn.il JAMES H. YOUNG \J /� JACK R. BLACKMON JOSE R. DELEON /I M. P. MALD ONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.