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HomeMy WebLinkAbout02034 ORD - 02/18/1947AN ORDINANCE:._. AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF THE CITY, LEASE CONTRACTS COVERING HANGARS NOS.. 651 AND 652, AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS, TO MIKE GLASSCOCK AND DON A. GLASSCOCK, RODERICK S. MORE AND FESTUS A. HALL, JOE T. IRWIN, CLAUDE W. GLASSON AND H. M. DOZIER AND L. L. KIDD, AND DECLARING AN EMER- GENCY. WIMREAS, the City of Corpus Christi, Texas, has received a "Revocable Permit" from the United States of America to use Cuddihy Field or a portion thereof, located in Nueoes County, Texas; and WHEREAS, Hangars Nos. 651 and 652 are a portion of the premi- ses above mentioned and can be leased for sums which can be used to help meet the expense of upkeep for Cuddihy Field; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Thai the City Manager of the City of Corpus Christi be, and he is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi, contracts for the leasing of Hangars Nos. 651 and 652 and the appurtenances thereto, located at Cuddihy Field in Nueces County, Texas, to (dike Glasscock and Don A. Glasscock, Roderick S. More and Festus A. Hall, Joe T. Irwin, Claude W. Glasson and H. M. Dozier, and L. L. Kidd, copies of which contracts are attached hereto and made a part hereof, and read as follows, to -wits '4 03 y STATE Ur^ T'e:XAS COUNTY JF NVWU This a &roameat wade xcd eutered into this the day of February, A. J., 1y47, hY and between the city of L`orpus Christi, Texas, a municipal cortoratiov, hereinafter oall. -d "City" and kAke Glaasoock and lion A. Glass000k, a oo- partnerstxip,. Doing Iueinees As Ginseeook Aviation Activities, ox' Nueces County, Tax—a, 'iereinartx,r termed ".i esses1°. kN i2'.. r;6S 11 T11 The City of Corpus Christi, Texas, does by these presents lease and demise un-i o �ho :acrid Viko Glasscock ariC: �,Qii A. Glasscock, a co- partnarehip, d/bjh (;laeaaock f.viatior. activities, Leases, 'she PWlla.r- imp, described promises, to -wits Sin one -half of hanCar too. 6�1, located at Cuddiby Field in flueces County. Texas, t.o,ether with concrete aprons adjacent and .djpinin'. thereto described as i'ollows s Heine; rectan,;ulsr li shape fls63nning at the center dividing; line at the NE and of said hangarj then** NE 130 feet for oorners then* h$ 190 feet to end of concrete aprons thence SST 465 foot for corner; thence W 190 feet for corned thence Ma 150 feet to uividin6 line of said hangar at the 5aW' end of Sam for the term of one year, said lease bepinnirg, the a day of February, As D., 1947, and ending the day of February, t. D., 19481 the Lessee is to pay therefor the suet of Throe Thousand Six Uundred D:llara (t3,600.00) par'yesar. e4me to ba paia in raoathly installments of $300.00, said nonthly installments to to ^aid aoh mu:nh iu advance, the first to be paid on the first effective date of the laRre, and a like installment on the same day c)f onoh suecoedinr, month thereafter durin -a, the tors: of said lease, subject to the felliwin„ conditions and covenantal 1. That the lasses shall pay the rent in advance as aforesaid, as the same &hall fall due. It is understood and agreed that the leased premises are to be used for the following purposes only, to -vitt for aircraft storage. sales, maintenance, operations, schools and similar aviation activities In ootlnection with and pertinent to the above stated usage. Said premises are not to be used for arty other purposes than theme herein specified, without the oonsent of the City in writing. 3• If Lessee engages in fiyink;; training, charter service or operating commercially for hire, reward or profit, he agrees to pay to the City in addition to the annual rental of 63600.00 not out abovea an operation charge which shall be paid as follows; $150.00 for each six months period for one airplane; if second airplane in used, it may be operated from of extra charge to Lessee; and 45.00 per month is to be charged for each additional airplane over two, the operational charges for the first plane to be paid each six months in advance; the charge of $5.00 per plane for each plane over two in number is to be paid monthly in advance. 4- If the Lessee sells gasoline at leased premises in con- nection vita use of aame, then in such event Lessee agrees to pay the City the sum of two cents (x02) per gallon for the first five thousand (5m000) gallons of gasoline sold on the isased premises; and one cent ($•01) per gallon for each gallon over five thousand gallons sold on the promises, same to be payable on the 10th day of each month following the sale, during the term of this lease, it being understood that this rental based on the sale of gasoline is to be in addition to the rental charge heretofore mentioned in this agroemen% 5. It is further understood and agreed that in the event a portion of the premises herein leased are sub- leased by the Losses, to be used as office space, then and in such event, the Lessee agrees to pay the City the sum of 10% of the gross amount received from such sub - lessee for the sub - lease, said amount to be in addition to the rentals herein- above set out. 6. Lessee agrees not to sub -lot the leased premises or any portion thereof, except as under the terns of this contract for the purposes set out, without the consent of the City in writing. 7. No additions or alterations shall be made to the premi- ses without the consent of the ii'ty in wrizinb; and it: is expressly agreed ti.at all permanent addi.tiona or alterations atude by the Lessee shall beoome the property of i;he City. d. i'ne Lessee agrees that he will nuke food care of the property and its appurtonances, and suffer no waste, and shall keep the said premises in Loo- repair at his omn expense, and at the and or other expiration of the term of this lease. shall deliver up the demised premises iz ,00d order c.r.c condition, as same are now in, natural wear and tear and damage from the elements only excepted. 9. The Lessee apreas to pay for all utilities used at the promises leased by t:im. 10. It is further understood and agreed that the right of ingress and egress is reserved cy the Lessor (the City) herein, for the use of its employees and the general public, to allow them to enter hangar lio. 651 for the purpose of visiting the office of the Airport iawaZer and the control tower. 11. The City reserves the right to enter the said promises at any time aurine the existence of this lease for the purpose of inspecting the same in order to determine whether the terms of said lease are 'being observed and carried out. 12. The prices charged for things sold on the promises by the losses shall at all times be reasonable, and riot exhorbitant, and comparable with prices charged for the name articles at similar places in the City 01 Corpus Christi. 13. The Lease* agrees to take good care of all movable equipment, fixtures and property of any nature, furnished by the City, -3- and will keep a&= in good repair at his own expense, and at the ex- piration of the term of the lease for any cause, shall deliver to the City all of such movable equipment, fixtures and all property of ary nature, in good order and condition, as Same is now in, reasonable wear and teas only oxoepted. The Lessee further agrees 'to be responsible for alv of such mova'olc equipment, fixtures and property, and in event sans or a part thereof is lost. stolen or destroyed. Lessee is to re- place said property, in its aaSae state and condition, as same was in when turned over to Lessee. ALL inventory of all personal properties and equipment furnished by the City to Lessee is to be made at a later date and signed by Lessee and the Airport Manager for the City, same to set out a description of the property and equipment and the condition of such, it bein , understood a copy of same is to be attached to this lease agreement and is to become a part thereof for all pertinent pur- poses. 14- Lessee further agrees that he and all his employees shall abide by all rules and rsgulations as sat out by the Airport Manager and the City of Corpus Christi. and the said employees shall remain on the premises of the Lessee at all times, unless their official duties require otherwise, and that they will use only the toilets and wash- reams designated for the Lessee and his employees. 15. The Lessee shall not permit malt, vinous or alcoholic beverages in the devised premisess and will not permit smoking in any place where such would be a fire hazard and will at all times display "No Smoking" signs where designated by the Airport Manager or City Fire Departments Lessee further agrees to paint, dope, store inflammable materials, weld, or carry on any activity that night be a fire hazard, only in those places designated by the City Fire Mar- shal. 16, The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Hoard of Health, ..j,- Sanitary and Police Departments, for the correction, prevention and abatement of nuisances in, upon, or connected with said premises during the term of this lsase'at his own expense. 17. Lessee is to have the option to renew this lease at the expiration, thereof for such terms and considerations as may be agreed upon by the City, it bein; understood gnat this option is sub- ject to and continuant upon the torras and coalitions of the "Revocable kermit" from the i sited States of .4rierice, f:;; '. ,e 6itt , under w71ic11 the City is operatics.;,, [ >ud.diiay 18. The Lessee further aCrees that in case of any default In any of the covenants and Conditions of this lease, the city may en- force the performance thereof in any modes or manager provided by law, and may declare the lasso forfeited at its discretion, ant; it, its agents or attorney shall have the right, without further notice or demand, to re -enter and remove all arsons therefrom, without being doomed guilty u.' a4; kaumer of trespass Anti without prejudice to any remedies for arroars of rent or breacir. of covenant, or the City, its agents pr attorney, may resume possession cf the premises and re -let the same for the remainder of the term at the best rent they may ob- taint for account of the Lessee, who shall make good. any defioienoyj and the Lessor (the City) shall have s lien as security for the rent aforesaid, or wW rent due and unpaid under said lease, upon all goods, wares, chattels, implements, fixtures, furniture, tools and other per- sonal property which are now located on said premises or which may be placed on said premises by the Lessee, which lien_ shall be cumulative Of the statutory lien created by law and in addition thereto, 19. However, it is expressly understood and agreed by the parties hereto, that this lease is subject to a "Revocable Permit" issued by the United States of America, by direction of the Chief of the bureau of Yards and Docks, acting under direction of the Secretary erg., of the Navy, to the City of Corpus Christi, Texass permitting the use of U. S. VaTal Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas, or a portion thereof, and said lease is contingent on such permit and the terms thereof, and all rights of the Lessee are subject to the terms of said permit, and it is further agreed that the City is not to be liable, in any manner, for damaias of any nature, for any termination. of this lease or any changes of the rights of the Lessee, by virtue of any action taken by the United State$ of Amerioa or their aZents by virtue of aforesaid permit. ftroouted in duplicate this the day of February, A. D. 1947- ATTJDT city eeretary APPROVES) AS TO LEGAL FORM& city A omey sTATz OF TExAA COUM OF NUNCES CITY 01 GORFUS Ciiai5rl $y >.ty Ramaer Less" Before me the undersigned authority, on this day personally appeared Uike Glasscook and Don A. Glassooek, known to sae to be the persons whose names are subscribed to tine foregoing instrument and each acknowledged to sae that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the _ day of Feb- ruary, A. D.. 1947. -6- votary Pubilo n an or ueoes Texas STATE OF TMAS COUNTY OF NUECZ3 Before.ms the undersigned authority, on this day personally appeared Roderic B. Thomas, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subsoribed to the fore- going instrument end acknowledged to me that he executed the same for the perposos and consideration therein expressed, in the capacity therein stated and as the aot and deed of said City. Given under any hand and seal of office this the i day of February, A. D., 1947. n ary -C'Ublic In and or Nueose oun y, eaas -7- STATE OF TUAS COUNTY OF NT3]$OES This agreement made and entered into this the day of February, A. D., 1947, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City" and Roderick S. Here and Festus A. Ball, of Nueoes County, Texas, hereinafter termed "Lessees ". W I T N E S S E T H The City of Corpus Christi, Texas, does by these presents lease and demies unto the said Roderick S. More and Festus A. hall, Lessees. the following described premises, to -wits n one -half of hanger No. 651, located at Cuddihy Field, in Nueces County, Taxes, together with concrete aprons adjacent and adjoining thereto, described as follows: Being rectangular in shape, Beginning at the center dividing line at the NF and of said hangar; Thence NE 130 feet for corners Thence NW 129 feet to road for corner) Thence SA 485 feet for cornorl Thsnee BE 129 foot for oornerj Thence U 150 feet to dividing line of said hangar, at the SW end of sane for the term of one year, said lease beginning the day of February, A. D., 1917, and ending the day of February, A. D., 1948! the Lessees are to pay therefor the sum of Three Thousand Six Hundred Dollars ($3,600.00) per year, same to be paid in monthly installments of 1300400, said monthly installments to be paid each month in advance, the first to be paid on the first effective date of the lease, and a like install- ment on the same day of each succeeding month thereafter during the term of said lease, subject to the following conditions and covenantal 1. That the Lessees shall pay the rout in advance as afore- said, as the same shall fail due. .1• 2. It is understood and agreed that the leased premises are to be .sod for the following purposes only, to -wits for aircraft storage, sales, maintenance, operations, schools and similar aviation activities in connection with and pertinent to the above stated usage, (except in MW one -half of Hangar No, 651, the eating establishment now located therein may be used and operated by the Lessees or their assigns as it now exists.) Said premises are not to be used for any other purposes than these herein specified, without the consent of the City in writing. 3. If Lessees engage in flying training, charter service or operating commercially for hire, regard or profit, they agree to Pay to the City in addition to the annual rental of *360o.o0 set out above. an operation charge which shall be paid as follows# $150.00 for eaoh Nix months period for one airplaaei if second airplane is used, it may be operated free of extra charge to Leemeee, and $5,00 per month is to be charged for each additional airplane over two, the operational charges for the first plane to be paid each six months in advance, the charge of $5.00 per plane for each plane over two in number is to be paid monthly in advance. 4. If the Lessees sell gasoline at leased premises in con - nsetiou with use of same, then in much event lessees agree to pay the City the sum of two cents 3.02) per gallon for the first five thousand (5,000) gallons of gasoline sold on the leased premises, and one pent (5.01) per gallon for each gallon over five thousand gallons soli on the Promises, same to be payable on the 10th day of each month following the sale, during the term of the lease. it being understood that this rental based on the sale of gasoline is to be in addition to the rental charge heretofore mentioned in this agreement. 5. It is further understood and agreed that in the event a portion of the premises herein leased are sub - leased by the 1*440 *8 to be used as office space, then and in such event, the Lessees agree to pay the City the sum of 10% of the gross amount received from such sub - lessee . for the sub - lease, said amount to be in addition to the rentals herein- _D_ above set out. lessees are to have the right to sub -let the eating es- tablishment now located in said hangar. as same now exists. and agree to pay the City 10% of the gross amount received for sub - leasing of such eating establishment. sem* to be in addition to the rentals hereinbefors mentioned. b. Lessees agree not to sub -let the leased premises or any portion thereof* except a■ under the terms of this contract for the purposes set out, without the consent of the City in writing. 7. No additions or alterations shall be made to the promi- see without the consent or the City in writing, and it is expressly agreed that all p- rmanont additions or alterations made by the Lassoes shall become the property of the City. 8. The Lassoes agree that they will take good care of the property and its appurtenances, and suffer no waste, and shall keep the said premises in good repair at their own expense, and at the end or other expiration of the term of this lease, shall deliver up the demised premises in good order and condition, as same are now in, natural wear and tear and damage from the elements only excepted. q. The Lessees agree to pay for all utilities used at the premises leased by them. 10. It is further understood and agreed that the right of ingress and agrees is reserved by the Lessor (the City) herein, for the use of its employees and the general public, to allow them to enter Hangar No. 651 for the purpose of visiting the office of the Airport Manager and the control tower. 11. The City reserves the right to enter the said premises at any time during the existence of this lease for the purpose of inspecting the as= in order to determine whether the terms of said lease are being observed and carried out. 12. The prices charged for things sold on the premises by the Lessees shall at all time be reasonable, and not exhorbitant, and -3- aomparable with prioes charged for the same articles at similar places in the City of Corpus Christie 13. The Lessees agree to take good care of all movable equipment, fixtures and property of any naturee furnished by the City, and will keep same in good repair at his own expense, and at the ex- piration of the term of the lease for any cause, shall deliver to the City all of such movable equipment, fixtures and all property of any nature, in good order and conditions as same is now in, reasonable wear and tear only excepted. The Lessees further agree to be responsible for any of such movable equipment, fixtures and property, and in event same or a part thereof is lost, stolen or destroyed. Lessees are to re- place said property, in its same state and condition. as same was in when turned over to Lessees. An inventory of all personal properties and equipment furnished by the City to Lessees is to be made at a later date and signed by Lassoes and the Airport Manager for the City, same to set out a description of the property and equipment and the condition of such. it being understood a copy of same is to be attached to this lease agreement and is to become a part thereof for all pertinent pur- poses. Ili. Lessees further agree that they and all their employees shall abide by all rules and regulations as set out by the Airport Manager and the City of Corpus Christi. and the said employees shall remain on the premises of the Lessees at all times, unless their official duties require otherwise, and that they will use only the toilets and wash- rooms designated for the Lessees and their employees. 15. The Lessees shall not permit malt. vinous or slacholic beverages in the demised prominesl and will not permit smoking in any place where such would be a fire hazard and will at all times display "No Smoking" signs where designated by the Airport Manager or City Aire Department; Lassoes further agree to paint, dope, store .j4. inflammable materials, weld, or carry on asq activity that might be a fire hazard, only in those places designated by the City Fire Mar+ ahal. 16. The Lassoes shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Hoard of Health. Sanitary and police Departments, for the correction, prevention and abatement of nuisances in, upon, or connected with said promises during the term of this lease at their own expense. 17. Lessees are to have the option to renew this lease at the expiration thereof for such terns and considerations as may be agreed upon by the City, it being understood that this option is sub - jeot to and contingent upon the terms and conditions of the "Revocable Permit" from the United States of America to the City. under which the City is operating Cuddi,btiy Field. 18. The Lessees further agree that in case of W default in azW of the oovenants and oonditions of this lease, the City may en- force the performance thereof in any modes or manner provided by law, and may declare the lease forfeited at its discretion. and it. its agents or attorney shall have the right., without further notibe or demand, to re -enter and remove all persons therefrom, without being deemed guilty of any manner of trespass and without Frejudioe to any remedies for arrears of rent or breach of covenant, or the City, its agents or sttorney,'msy resume possession of the premises and re -let the some for the remainder of the term at the best rent they say ob- tain, for account of the Lessees, who shall make good any defioiencys and the Lessor (the City) shall have a lien as security for the rent aforesaid. or any rent due and unpaid under said lease, upon all goods, wares, chattels, implements. fixtures, furniture, tools and other perw sonal property which are now located on said premises or which may be placed on said premises by the Lessees, which lien shall be cumulative or the statutory lien created by law and in addition thereto. .5. 19. However. it is expressly understood and agreed by the parties hereto, that this leas* is subject to a "Revocable Persdt" Issued by the United States of America, by direction of the Chief of the Bureau of Yards and Dooka, acting under direction of the Secre- tary of the Navy. to the City of Corpus Christi, Texas, permitting the use of D- 5. Naval Auxiliary Air Station. Cuddihy Field. Corpus Christi, Texas, or a portion thereof, and said lease is contingent ohs such permit and the terns thereof, and all rights of the Leeeeee are subject to the terse of said permit. and it is further agreed that the City is not to be liable, in arq manner, for damages of any nature, for any termination of this lease or any changes of the rights Of the Lessees, by virtue of any action taken by the United States of America or their agents by virtue of aforesaid permdt. &touted in duplicate this the day of February, A. D. 1947. CITY OF CORPUS CHRISTI, TEXAS ATTEST a gy City manager are wry '- APPROVED AS TO LXALO ,F : <_'��ULV it orasy� rsees STATE wW TEXAS COUNTY of NUECES SEYCRs ME. the undersigned authority, on this day personally appeared Roderiok S. tore and Foetus A. hall, known to me to be the persons whom* names are subscribed to the fore oing instrument and each acknowledged to me that they executed the Base for the purposes and consideration therein expressed. Given under CRY hand and meal of office this the day of February, A. D., 1947, * ary Public in AM for Russet County, Texas -6- STATE Cr UXAS COUM OF NURCEs EFY Tai. the uniersignod authority, on this day personally appeared Rodarie H. Than, City 89ftriager of the City of Corpus Christi, Tex", known to re to °e the pvraou whose name is aubsoribed to the rore- g©iN; instrument and acknowledged to rm that he executed the semo for the purposes and oonsideration therein a*praaaed, in the capacity therein stated and as the act and deed of said City. Liven under ny hand and seal of offioe this the day of February, A. V.. 1947- nary FMilo in 0 Or eooa County, Teaaa STATE OF TUAS COUNTY OF NUIXES This agreement made and entered into this the day of Vcbru;.ry, A. D.. 1947, by And between the City of Corpus Christi, Texas, a municipal corporation, "rein -ft- -r called "City" and Joe Z. Irwin, wlaude W. ;Masson, and H. 18. Dozier of Nueces County, texas, hereinafter termed "lessees". The City of Corpus Christi, Texas, does by thee* presents lease and demise unto tho said Joe T. Irvin, Claude 'Y''. Glasson, and Ii. M. Dozier, Lessaes, ttleL followiii'-; described promises, to-wit- SS one -half o£ hangar no. 652. located at Cuddigy Yield in Aueces County, Texas, toLether with concrete aprons adjacent and adjoining thereto described as followat Being rectangular in shape ftinninf; at the ean.er dividing line e,t the 'NT, end of said hangar; Thence Id, 130 feet for corner; Thence SF, 190 feet to end or concrete apron, Thence SpU labs feet for corner; 7henoe 14W 190 feet for corner) Thence NE 130 feet to dividing line of said hangar at 3W end of sears for the term of one year, *aid lease beginning the day of February, A. D.. 1917. and ending the day of February, A. D., 19481 the lessees are to pay therefor the sum of Three Thousand Six Hundred Dollars (f3,600.00) per year. same to be paid in monthly installments of $300.00, said monthly installments to be paid each month in advance, the first to be paid on the first effective date of the lease, and a li'm install- ment on the same day of each sucoeedinE month thereafter during the term Of Wd lease, subject to the following conditions and covenants* 1. That the Lowness shall pay the rent in advance as afore- said, as the same Shall fall due. .1. 2. It is understood and agreed that the loased premises are to be used for the following purposes only, to -wits for aircraft storage, sales, maintenance, operatic s, sc'ools tt.;.:i aimilar aviQU or activities ixi connection uit.-_ ar: -d pertirent to 5h,: above stated usage. Said premises are not to be used for any other purposes timn These nerei.n specified, without the consent.: i' the :ity i_i writing. 3. If Zcssees en6age in flying trainin , charter service or operatinE eotmaercially for hire, reward or profit, t+h5 agree to pay to the City in addition to the annual rental of $3600.00 set out above, an operation charge which rhall be ;:aid as follows: 8,150,00 for each six months period for cne airplane; if second airplane is used. it may be operated free of extra charge to !. sssesj and 45.00 par month is to be charged for each additional airplane over two, the operational charges for tae first plane to Lo paid each six months in advances the charge of 4j.00 per plane for each plan over two in number is to be paid monthly in advance. " If the Leaseea sell t;asolinc ac. 1013ed prar.;isos iVL con- nection with use of same, then in such avert Lessees agree to pay the City the sum of two cents (t.02) per Eallon for the first five thousand (5.000) gallons of gasoline sold on the leaned promises; and one cent (.01) per gallon for each gallon over five thousand gallons sold on the promises, same to be payable on the 10t1n day of eaoh montn following the sale. durinj the term of the lease. it being; understood that this rental based oa the sale of gasoline is to be in addition to the rental charge heretofore mentioned in this agreement. 5. It is further understood and agreed that In the event a portion of the premises herein leased are sub - leased by the Lessees to be used as office space, then and in such ^vent. the Lessees *tree to pay the City the sum of 1&A of the gross amount received from such sub - lessee for the sub - lease, said amount to be in addition to the rentals herein- --P- above set out. 6. Lessees agree not to sub -let the leased premises or my portion thereof, except as under the terms of this contract for the purposes got Gaut, ;vlthoui; the consent of the City in writing. 7. No additions or alterations shall be made to the promi- ses without tae consent o" the City in sritin-; *end V is expressly agreed that all additions or alter�t.ions ;Ljide ky the Lessees shall become thv property of the City. 8. The Lessees agree that they will 6&ka .,cod oars he the property and its appurtenances, and suffer n. waste, ana shall ;Keep the said promises in good repair at their own expense, and at the end or other expiration f the term:: as this laaae, shall deliver up the domised Promises ill good order and condition, as same are now in. natural wear and tef%r and damage from the elements only excepted. 9. The lassoes agree to pay for all utilities used at the premises leased by them. 10. it is further understood and agreed that the right of ingress and egress is reserved by the Lessor (the City) herein, for the use of its employees and the general public. to allow then to enter Hanger No. 651 for the purpose of visitinG The office of the Airport Manager and the control tower. 11. The City reserves the right to enter the said premises at any time durinv the existence of this lease for the purpose of inspecting the Sams in order to determine whether the terms of said lease are being observed and carried out. 12. the prices charged for thin6s sold on the promises by the Lessees shall at all times be reasonable, and not exhorbitant, and comparable with prices charged for the same articles at similar places in the City of Corpus Christi. 13. The Lessees agree to take good care of all momble equipment, fixtures and property of any nature, furnished by the City# .,4- and will keep name in y;ood repair at his own expense, and at t�io ex- piratima of tnrs term of the 1 -use for any,° caase, Shall deliver to the Cit„ all :,if such movable equipment, f'ietilres and all property a *f any nn-.v.re. in ;cacti crelor ^tze conditi *in. d._ sui..o is �o.r ).t:. roa—ion -, ale wear and year only ercuptkAl. The Lessees furthor agree to be re4pcusible for any of such € ovable eyt:i.pvw t j .y_t z,os a"ni ;ropurty. e tt it. ,vrsnt e&me or €a part Thereof is 1,;tiL, stolen cr <nstr =o-mi, :- esseah ass to re- place said ;Tv�361"t�l ixl It" tt'M! -z mists R14d C:SnCit.i*+T, 10! sattee; was In -hen turns -wear _as. •:w•,v; t <�r; all :q'artion arui ejuipr oz,, 'ara liocl W C'rlr crr .a �aaaevs is L:, :� ,�qa :t � later data ft"d si�nec oy 3ES0ma sass L'%(? Tit ort :.arLr;ur ion• ;,c l.ity. some to se-. "'It a ueaariptiou oi t.u; property w4ti aoq_ipmant. ria.di the ec,rziiitlon o" suet, iG join, uzzders;; Gtl a "pa -; f aura® iw tc be ;,tt,lohvL, to tlis lease aLrenueent a._,a,S is r> baaome, a _: rt tiuoreol far all P:,rtin =ont pur- poses. 144. Leesie�,n £,.arthor auree that they and all their er.: loyese shall abide by al! rules suet ro;ulatione as net out by the Alrport Manaa;er and t;ae City vt' Garpns Christi, 'Tsai the gaiel ','WA Oee 811411 re pair. on the promises of tix,� ,`,dseees ": All times, uulcsos tiieir official duties req <Ara otherwise, and that tney will use wily the toilets and wash- rooms designated z'or the Lessees and their employmes. 1�. 1110 1.038004 shall not p-sr:eit c -,alt, vinous or aloo,iolie bovsrat;ea in tho deudoed premises; and will xpot psarmit sm:okirr in any place waors suan would he a fire : hazard and will at all 'times display "No Smoking° riharo dsa1, ^neted by the Airport Manager or City ^iro t?epartlmentl Lessees further agree to paint, dose, store inflammable materials, Wald, or parry on any activity that might be a fire hazard, only in thoae planes dasikpated by the City Fire Mar- shal. 16. The Lessees shall promptly execute and fulrill all the ordinsaoes of the City of Corpus Christi applicable to ;aid promises. and all orders and requirements imposed by the Hoard of Health, �4— Sanitary and police Departments, for the correction. prevention and abatement of nuisances in, upon. or coraiocted with said premises during the term of 'W:1 s lease at their own expense. 17. Lecsaes are to have the option to renew this lease at the expiration thereof Vor oucn erwa and consideri.tions as may be egreed upon by, the City, it being understood that this option is sub- ject to and contingent upon the terms and cond.! . Lions of tlu — ,Ovouable Permit" from the f)nited. States :)i America to the City, under rhich the City is opera.tinq„ Caddihy Field. 18.. Phi Lessees curt %ior agree that in case of any default In any of the covenants w1d conjitions of tills lease, the City gray on- force the performance thereof in any modes or ma vier provided by law, and mky declare the. 1--ase fort'ei.ted at Its discretion, and it, its agents or attorney shall have the right, without further notice or demand, to re -inter and remove all persons therefrom, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or the Citys its agents or attorney. may resume possession of the promises and re -let the same for the remainder of the term at the best rent they my ob- tain, for account of the Lessees, who shall make good avy deficionoys and the lessor (the City) shall have a lien as security for the rent aforesaid, or any rent due and unpaid under said lease, upon all goods, wares, chattels, implements, fixtures; furniture, tools and other per- sonal property which are now located on said promises or which may be placed on said premises by the Lessees, which lien shall be cumulative of the statutory lion created by law and in addition thereto. 19. However, it is expressly understood and agreed by the parties hereto. that this lease is subject to a 11Revocable Permit" issued by the Unitod States of America. by direction of the Chief of the Bureau of Yards and Docks„ acting under direction of the Secretary of the Kavyv to city of Oorpus Christi, Texas* permitting the use of L. S. Naval Auxiliary Air .Ration, Cuddiby Field. Corpus Christi, -exas. or a portion '4hersof. and bail lease is contingent an such permit and the terms t.lie,eof, ana all rij,hts of the Lssswez are aubjeot to the turia6 ol' said per:ait. anu it is furtti::r a6reed that the City is not to be liable, in aa,:L Manner, xOJ7 0' a q 41%_ ')f (:�Ija je&'3tr (."- a"q CjUrj­G'b k)j' by virtus of any ji.Gtior, uk.ajj by the u4:jted :rates of Aiwrica or uneir .Cents, by virtue v-, aXurej"ic porwi-- �;Xqcv:gSd ill duplicate tilis the day of Feuruarf, A. 1). 1947. CITY )i C01,:11JS C1iUSTI City ;ity 6oaratary. kj 410 L i U, Clty AtEarnoy Lessees, COUTY OF Nuk;CFS BEFORIE M, the undersivnod authority, on tnis dal- personally appeared Joe T. Irwin. Claude A. glaoson. and 1-4 Dozier, known to me to be the persons wriose namass arc subscribed to the fore,.oinG instrument and each adiMowled6sd to me that thoy oxeouted the s=e for the purposes and consideration therein a--pressed. ilivqn under 77 ''sand xr-6 seal of affice thin the cry' of Febru4rj, A. ')., 1')).17. -6. Notar- Public in an4 for Sueces County, Texas swz CW T:-Mkz CO?)NTY 02 PdIPECES BEFORE: ?iL, the undersigned authority, on this day personally appeared Roderic B. Thomas, City kanaZer of the City of Corpus uhristi, fexas, known to me to oe the person chose name is subscribed to the fore - going instrument wad acknovilodi;od to tu- that he executed the sane. for the purposes find aonFideretioz, 4liel'ai:: STATE OF TUW COUNTY OF MES This ag,rsament made and entered. into this the day of February, A. D., 1947, by and bed the City of Corpus Christi, Texas, a mutioipal corporation, herainaftor called "City" and L. L. Kidd, of Nusoss County, Texas, !vsreinafter termed "]xasse ". W I T X E 8 8 L T H The City of Corpus Christi, Texas, does by those presents lease MW desdse unto tkw said L. L. iidd, Lessee, the following des- oribod premises„ to -wits NN ow-half of 3sngar No. 652, located at OuddUW Field in Maces County, Texas, together with omorste aprons adjacent and adjW nin,6 thereto described as follows Bain#; rectangular in shape Bo6inutinl; at the center dividing line at the ?his and of said hangarf Them NE, 130 foot for corned Them" MW 129 Peet to road for corner, Thence 3W L65 feet for aornar$ Thence SE 129 feet for cornerl Thence IM 130 test to dividing line of said hangar at the M end of said hangar for the term of one your, said lease begiaainC the day of February, A. D.. 1947. and ending the day of February, A. D.. 1946; the Lessee is to pay therefor the sun of Three Thousand Six H adred Dollars (0.600-4) per year. same to be paid in monthly installments of 000 -00, said monthly installments to be paid each month in advance, the first to be paid on the first effective date of the lease, and a like installment un the acme say f each succeeding month thereafter durint the term of said Ltase, subject to the following oanditions and eovenantst 1. That the Lessee shall pay the rent in advance as aforesaid, as the same shall fall due. -1- 2. It is uWarstood and agreed that the leased premises a.e to be used for the follawinv purposes caly, to -wits for aircraft storage* sales. maintenance, operations, schools and similar aviation activities is cormotion with and p rtinent to the above stated usabe- Said prasi.ses are not to be used for any other purposes than these heroin specified. without the consent of the City in writing. 3. If Lessee engages in flying trainir,,&, charter servios or operatint; ooimoroially for hire, reward or profit, he ai�reos to pay tw the City In, addition to .ice annual rental. Of X3600.00 set out above, an operation charge mhioh shall be paid as follows' $1!�U.00 for each six months period for ono airplanes if second airplane is used, it may be operated free Of extra charge to 1e88e01 and *,5.00 per month is to be charted i'or each additional airplane over two, thu o;,erational charges for then first plane to be paid each six months in advance; the charge W 5.00 per Mane for e60h plane over two in number Is to 'oe paid, monthly in advance. !N If the Lessor sells C,asaline at leased premises in con - naction with use of same, then in such event Losses agrees to pay the City the sum of two cents ($.W) per gallon for the first five thousand (5.000) nallons of Gasoline sold on the leased premisess and one sent (t.01) per ;;allon for each ,all-= over five thousand gallons soli or, the premises, same to be payable on the loth day of each month followia; the sale. duriaL the term of this lease, it being understood that this rental based on the sale of L�ssoline is to be in addition to the rental charge heretofore pentionsd in this agreownt. 5. It is further understood and agreed that in the event a portion of the premises herein leased are sub - leased by the Lessee to be used as office space. these and in such evenit, the swear a6rwes to pay the City the Rum of 10,' of the yroso amount received from such sub - lessee for the sub - lease, said smount to be in addition to the mtals horeia -2- above set out. 6. losses agrees not to sub -het the lensed premises or any portion thereof, except an under the terms of this contract for the purposes set out, without the coxwout of the City in writing. 7. No additions or alterations shall be made to the prami- see without the consent of the City in writin`= atno it is expressly agresO that all pQrmsnent additions or alterations made by the Lessee .Ball become tho property of tlw City. 8. The Losses agrees that a« will take : ,00ci care of the property and its aplyurtenances, and suffor no waste, and shall keep Us said prerises in od repair at his am expense, and at the and or other expiration of the term of this lease, shall deliver up the demised promises in .rod order and condition, as same are now in, natural wear cawr tear and daufto from the elements only excepted. y.. The Lessee agrees to pay for all utilities used at the promises loosed by his. 10. It is furthor understood anal creed that the right of in seas and ogress is reserved by thaw Lessor (the City) herein. for the use of its employees and the general public, to allow than to Triter Hangar No. 6y1 for the purpose of visitiuL the office of the Airport Manager and the control tower. ll. Die City reserves the right to eater the said promises at soy tiros during; the existence of tjis lease for the purpose of inspecting the seas in order to determine whether the terms of said lease are being; obaeroed and carried out. 12. The prices charged for things sold on the premises by the Lessee shall at all times be reasonable, and not exhorbitant, and comparable x:ith prices charged vor the sass articles at similar places in the City of Corpus Christi. 13. The lessee agrees to take ;ood care of all movable echuipwsat, fixtures and property of &W nature, furnished by the City, -3. and will keep sass in good repair at his ooze expense, and at the ex- piration of the term or the loans for say cause, shall deliver to the City all of such movable equipment, fixtures and all property of any nature, in food order and condition, as some is nom, in, reasonable wear and tear only emoepted. The Lasses further agrees to be responsiole for say of suoh ;movable equipment, tixtures and property, and in event same or a part thereof is lost, stolen or destroyed, Lessee is to ro- plaoa said property, in its ■ame state and Condition, as same was ir. when turned over to Lessee. An inve:atory of all personal properties and equipment furnished by the City to Losses is to be tirade lit a later date and sivnod by Leases and the Airport Manager for tae City, save to set out a description of the property and equipment and the condition of such, it bein#, underutlod a copy of same is to be attached to this lease agreement and in to beoome a pert thereof' for all pertinent pur- poses. Lessee further agrees that he and all his amployoes shall abide by all rules and regulations as set out by the Airport Manager and the City of Corpus Christi, and the said employees shall remain on the premises of the Lease* at all times, unless their official duties retrAre otherwise, and that 'they will use only the toilets and wash- rooms desioatod for the Lease and his employees. 150 The Loasee shall not permit malt, vinous or alcoholic beverages in the demised prmises; and will not permit amoking'in ary place where such would be a fire hazard and will at all times display "No Smoking" si6as where designated by the Airport Manager or City Fire Departmsntj Lessee further arses to paint, dope* store inflaniable materials, kelds or carry on any activity that mi&t be a fire hasard, only in those places designated by the City mire Mar- shal. 16. The Lessee shall promptly execute and fulfill all the ordinanoes or the City of Corpus Christi applicable to said premises. and all orders and rsquirementa imposed by the Hoard of Health, Oanitary and Police Departments, for the correction, prevention and abatement Of Uuisanaea in, upon, or Coneepted with said promieaa during the term ar this lease at his oar ducpenee. 17. Lessee is to have the cpti;=n to renew this lease at the expiration thereof for such terms and O=sidsrstiona as may be agreed upon by the City, it being understood that this option is sub - jest to and contingent upon the terms and conditions of the "Revocable Pmrmit" from the Ginned States of erica to the City, under which the City is operatinb Cuddihy Field. 18. The Leases further agrees that in case at soy default In any of the covenants and condition of this lease, the City may en- force the performance thereof in any modes or manner provided by law, and my declare the lease forfeited at its discretion, and its its absnts or attorney shall have the right, without further notice or demand, to re -cuter and remove all yarseme therefrom* without being deemed guilty of any manner of trespass end without prejudice to any remedies for arrears of rent or 'breach of covenant, or the City, its agents or attorney. s=ay resume possession of the premises and re -let the same for the remainder of the term at the beat rent they may ob- tain$ for account of the lwssee, who shall make go" saw defioiencys and the Lessor (the City) shall have a lids as security for the rent aforesaid, or any root due and unpaid under said lease, up= all goods, wares, chattels, implementa, fixtures, furniture. tools and other per- sonal property which are now located on said promises or which may be placed an said premises by the Lassen, which lien shall be oussaative of the statutory lien created by law and in addition thereto. 19. However. it is expressly understood sad agreed by the parties hereto, that this lease is subject to a "xevwable Permit" issued by the United States or America. by direction of the Chief of the Bureau of Yards and Socks, acting under direction of the Secretary -5- of the Navy. to the City of Corpus Christi, Texas, permitting the use of U. S. ,Naval Auxiliary Air Station, Cu"11W Field, Corpus Christi. Tox", or a portion tharod, and said lease is ocatingent on such perait and the terse thereof, and all rights of the Lessee are subjeet to the terms of said permit, and it is further agreed that the City is not to be liable, in aqp maw, for damos of any rAturs, for aqy Undnation of this lease or any changes of the rights of the Lessee, by virtue of any Ration taken by the United States of Amerioa or their agents by virtue of aforesaid permit. Emeouted in duplicate this the dye of February, R. D. 1947• CITY O? CORPUS CHWTI BY MIV er ATTEST: APPROVED AS TO L&GAL FOW# &TAT - OF TEXA$ Com (I MUCKS BEFORE ME the undersigned authoritya an this day psrsonsiiy appears~! L. L. 11", known to me to be the person wheal now is sub- scribed to the foregoing instruwat and acknowledged to ma that he en- outed the same for the purposes and consideration therein expressed. Given under my hand and seal or affiae this the day of r4bruary, A. No 1947* -6- Notary O Or Nueess CotinveTexaa STATS OF TVAAS COUNTY OF SIIECES SSVORR ME the undersigned authoritlr. on this day pereoually appeared Roderia 8. Thaws, City.Maxiager of the Citq of Corpus Christi, Texas. known to ale tc be the person ruse now is aubsoriW to tho for** Going instrument and aoicnorrledged to me that he exeouted the same for the purposes R13 consideration therein expressed, in the capsoity therein stated and as the act and deed or said City. Given tinder mW hand and seal of office this the say of februryr A• 1%r, 1947* cry PM110 ran M for Numcom Canty, Tease SECTION 2. The necessity for establishing air facilities at Cuddihy Field and the necessity for receiving revenue to be used for the upkeep of said field, creates a public emergency and public imperative necessity requiring the suspension of the Charter rule 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 several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO OR- DAINED. PASSED and APPROVED this /D day of February, 1947. MAYOR City of Corpus Christi, Texas ATTESTz City Secre ary APPROVED AS TO LEGAL FORM; Ci Attorney Corpus Christi, Texas February /q , 1947 TO THE MUMS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing 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 introduced, or at the present meeting of the City Council. Respectfully, MAYOR City, of Corpus Christi, Texas The Charter rule was suspended by the following vote: Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr. al — Ray R. Henry The above ordinance was passed by the following vote; Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr. Ray R. Henry -401� 1