Loading...
HomeMy WebLinkAbout02038 ORD - 02/25/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY WAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF THE CITY, LEASE CONTRACTS COVERING HANGAR N0. 653, AT CUDDIHY FIELD a' NUECES COUNTY, TEXAS, TO C. E. BETTS AND LESLIE W. ELLISOTI, W. U. PAUL, AND 1lIKE GLASSCOCK AND DON A. GLASSCOCK, A CO- PARTNERSHIP, DOING 3USI- NESS AS GLASSCOCK AVIATION ACTIVITIES, AND DECLARING AN HILERGENCY. IPJFLREAS, 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 Nueces County, Texas; and VEREAS, Hangar No. 653 is a portion of the premises above mentioned and can be leased for sums which can be used to help meet the expense of upkeep 15r Cuddihy Field; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That 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 Hangar No. 653 and the appurtenances thereto, located at Cuddihy Field in Phieces County, Texas, to C. E. Betts and Leslie W. Ellison, ;Y. U. Paul, and Mike Glasscock and Don A. Glasscock, a co- partnership, doing business as Glasscock Aviation Activities, copies of which contracts are attached hereto and made a part hereof, and read as follows, to -wits STATE OF TEXAS CJCN'a7Y OF NUCES 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 C. �. Bette and Leslie 6. :Ilison of S.ueces County, Texas, hereinafter termed "Lessees ". W I T N E 3 3 B T 8 The City of Corpus Christi, Texas, does by these presents lease and demise unto the said C. �;. aetts and Leslie A. c ;llfson. Lessees, the following described promises, to -.its S me-half of the SE one -half of Ha Zar P o. 653, located at Cuddihy Field. Nuecss County, Texas, together with concrete aprons adjacent and adjaining thereto described as follows: Bo &imuing at a point on the South side or said hangar such point beig located equal distance from the SE and and the HN and of said hangars Thence S 130 foot to corners Thence SE 190 feet to corners Thence N 232 feet to corner' Then" NW to the center divinS sins at the SE end of said hangar for the term of one year. said lease beginning the day of I%rch, A. D., 1947. and ending the day of .,.March , A. D.. 19481 the Lassoes are to pay thsrofor,ths sum of (Lis Thousand Eight hundred Dollars ($1.$00.00) per year. same to be paid in monthly installments of $150.00. said monthly installments to be paid each month in advanas, the first to be paid on the first effective date of the loose, and a like Install- Mont on the same day of each succeeding month thereafter durin& the term of said lease, subject to the following;; conditions and covesantes 1. That the Lassoes shall pay the rant in advanoe as Afore- said. as the came shall fall due. -1- 2. It is understood and agreed that the Lased promisee are to be used for the following purposes only, to-wits for sircraft storage, sales, maintenance, operations, schools and similar aviation activities in connection with and pertinent to the above stated usage. 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, reward or profit, they agree to pay to the City in addition to the annual rental of ;1600.00 not out above, an operation charge which shall be paid as follows: 1150.00 for each six months period for one airplane= if second airplane is used. it may be operated free of extra charge to Leaseass and 6.00 per month is to be ohar6ed for each additional airplane over two. the operational charges for the first plane to be paid each six, months in advances the chago of 445.00 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 - section with use of same, then in such event Lessees agres to pay the City the cum of two oer_ts (x.02) per gallon for the first five thousand (5,000) gallons of gasoline sold on the leased premises: and one cent (4.01) per gallon for each 'albs over five thousand gallons sold on the premises, same to be payable cn the 10th day of saciz month following the $ale, during, the tern of the Iosso, 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 &treed that in the event a Portion of the premises herein leased are sub - leased by the Lessees to be used as off ice spade, then and in such event, the Lessees agree to pay the City the sum of 10� of the gross amount received from such sub - leasse for the sub - lease, said amount to be in addition to the rentals herein- above set out. 6. lessees agree not to aub -lot the leased premises or any portion thereof, except as under the terms of this contract for the purposes set out, without the consent of the City in writing. 'j. No additions or alterations shall be made to the premi- ses without the consent of the City in writinW std it is expressly agreed that all parrianent additions or alterations mkde by the Lessees shall become the property of the City. 8. The Lessees agree that they will take good care of tho property and its appurtenances, and suffer no waste, and shall keep the said premises in good repair at their own expense, and at the and or other expiration of the tam of this lease, shall deliver up the demised premises in good order and Condition, as same are now in, natural wear and tear and dama6s from the elements onl2� excepted, `# The Lessees a ree to pay for all utilities used at the premises leased by them. 10. It is further understood and agreed that the r1j;ht of ingress and a &ress is reserved by the lessor (the City) herein, for the use of its employees and the :,oneral public, to allow them to enter Hangar No. 651 for the purpose of visiting the office of the Airport Managar and the control toner. 11. The City reserves the right to enter the said premises at any time during, the existenoe of this lease for the purpose of inspecting, the saran in order to determine whether the terms of said lease are being observed and carried out. 12. The prices oharoed for things sold an the premises by the Lessees shall at all times be reasonable, and not exhorbitant, and comparable with prices ahart,ed for the same articles at similar P14008 in the City of Corpus Christi. 13. The Lessees agree to take good care of all movable equipment. fixtures and property of any nature, furnished by the City, —3- and will keep same in hood 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 hood order and condition, as same is now in, reasonable wear and tear only excepted. The lsssees further agee to be responsible for any of suoh movable equipment, fixtures and property, and in event same or a part thereof is lost, stolon or destroyed, Lessees are to re- place said property, in its sane state anc condition, as same was in when turned over to -,ossees. An inventory of all personal properties and wiuipment furnished by the City to Lessees is to be made at a later date and signed by Lessees and the airport ';'anster for the City, same to not out a description of the property and equipment and the condition Of such, it being, understood a copy of aamo is to be attached to this lease agreement and is to become a part thereof for all pertinent pur- poses. 14. Lessees further agree that they and all their employees shall abide by all rules and regulations as set out by the ,Airport Mftnager and the City of Corpus Chr..sti, and the said employees shall remain on the preirdoes of via Lessees at all times, unless their official eutiea require otherwise, and that tktay will use only the toilets and wash- room designated for the Leseess and their employees. 15. The Lease" &hall not permit melt. vinous or alcoholic beverages in the damised pramiaeaf and will not permit smoking in arW 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 Hire ;;epartmeatl L938ee0 further aj;;ree to paint, dope, store inflammable materials. weld, or carry on aqy activity that might be a fire hazard, only in those places designated by the City Fire Mar- shal. 16. The Lessees shall promptly execute and fulfill all the ordinances of the City of Corpus Christi atplicablo to said premises, and all orders and requirements imposed by the Board of health, ti- Sanitary and Police Departments, for the correction, prevention and abatement of nuisances in, upon, or connected with said premises duriag the term of this lase at their own "penes. 17. Lassoes are 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 being understood that this option is sub- ject 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 Cuddihy Field. 18. The Lassoes further agree that in case of any default in any of the covenants and conditions of this lease, the City My en- force the performance thereof in any modes or manner provided by law, and way declare the less* forfeited at its discretion, and it, its agents or attorney shall have the right, without further notice or demand, to re -enter and remove all persons therefrom, without being deemed guilty of any manner of trespass and without projudioe to any remedies for arrears of rent or breach of covenant, or the City, its agents or attorney, may resume possession of the promises and re -let the same for the remainder of the term at the best rest they may ob- tain, for account of the laasw►s, who shall make good any deficiency) 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, is<plemaats, fixturesi furniture, tools and other per- sonal property which are now located on said promises or which may be placed oa said promises by the Lassoes, which lies 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 16620, is subject to a "Revocable Permits issued by the United States of Amer €oa, by direction of the Chief of the Bureau of Yards and Docks, acting under direction of the Secretary -5- of the Navy, to the City of Corpus Christi, Texas, permitting the use of U. S. Navel Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas, or a portion thereof, and said lease is continent on such permit and the terms thereof, sad all rights of the Lessees 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 damages of say nature, for any termination of this lease or any ohsayes of the rights of the k.easeea, by virtue of any notion taken by the United States of Awerica or their agents by virtue of aforesaid permit. L3recuted in duplicate this the _ day of February, A. D. 1947• CITY OF CtJPMS CHRISTI BY City Manager ATTEST, City Secretary lassoes APPROVED AS TO LZC�AL '�i l C ty Attorasy STATE OF TVAS CITY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared C. S. Betts and Leslie fir. Ellison, known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to ne that they "routed the sane for the purposes and consideration therein expressed. Given under soy hand and soul of offioe this the day of February, . D., 1917. Notary Public in and for Fuooes County, Texas n STATE OF TEXAS COUNTY OF MOBS BEFORE 100 the undersigned authority, on this day personally appeared Roderic B. Thomas, City N;anager of the City of Corpus tIhriati, Tax". known to me to be the person whose name is subscribed to the fors - 6oing instrument and acmowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity thersia stated and as the act and deed of said City. Given under my hand and seal of office this the day of February, A. D., 1947- Notary Puolic in and for Nueces County, Texas. -7- STATE OF TBUS COUNTY OF NUKES This agreement made cad entered into this the day of February, A. D., 1947, by cad bstwsen the City of Corpus Christi, Texas, a munioipal corporation, hereinafter called "City" and W. U. Paul. of Nusces County, Texas, hereinafter termed "Leeaee ". W I T N S S S E T H The City of Corpus Christi, Texas, does by these presents lease end demise unto the said W. U. maul, Lessee, the folloxia6 des- aribed premises, to -wits N one -half of the SE one -half of hangar No. 653, located at Cuddihy Field in Nuooes County, 'foxes, together with concrete aprons adjacent and adjoining thereto described as follows s Beginning at a point on the X side of said hangar said point being equal distance between the SF, end of said hangar and the NX and of same{ Thence N 150 feat to corner; Thence SE 190 feet to coraeri Thence S 252 Feet to *oraorj Thence Biz to the *eater dividing line at the SE end of said hangar for the tens of one year, said lease beginning the _ day of March , A. D.. 1947. and ending the - day of 11arch . A. D., 19486 the Lessee is to pay therefor the sum of Oise Thousand Eight Hundred Dollars ( =1,800.00) per year, same to be paid in monthly installments of $150.00, said monthly installments to be paid each mouth in advance, the first to be paid on the first effective date of the lease, and a like installment an the same day of each succeeding month thereafter during, the term of said lease, subject to the following conditions and Covenants$ 1. That the Lessee shall pay the rout in advance as aforesaid, as the same shall fall due. -1- 2. It is understood and agreed that the leased premises are to be used for the following purposes only, to -vita for aircraft storage, sales, maintenance, operations, schools and similar aviation activities in connection with and pertinent to the above stated usage. Said premises are not to be used for Any other purposes than these herein specified, without the consent of the City is writing,. N If Lessee engages is flyiU6 training, charter service or operating comneroially for hire, reward or profit, he agrees to pay to the City in addition to the annual rental of 41600.00 not out above, an operation charge which Shull be paid as foilo"t $150.00 for each six months period for one airplane, it second airplane is used, it any be operated free of extra charge to Lesseoj and .45.00 per south 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 142200 sells gasoline at leased premises in con - ueotion with use of saws, them in such event Losses agrees to pay* the City the sum of two cents 0.02) par gallon for the first five thousand 5,000) gallon* of gasoline sold on the leased premisesj and one cent (Wl) per gallon for each gallon over five thousand gallons sold ou the promises, memo to be payable on the 10th day of each month following the sale, during the term of this le&se, it being understood that this rental based on the sale of $asolias is to be is additiex to the rental charge heretofore mentioned in this agreement. 5. It is further understood and &&road that in the event a portion of the premises herein leased are sub - leased by the Lessee to be used as office space, then and is such event, the bosses agrees to pay the City the sum of 10% of the &rose amount received from suoh sub - lessee for the sub - lease, said amount to be in addition to the rentals herein- -2- above not out. b. Lessee agrees act to sub-let the leased premises or any portion thereof, except as under the torso of this contract for the purposes set out. without the ooasext of the City in writing. 7, No additions or alterations shall be made to the promi- see without the consent of the City in writings and it is expressly agreed that all permanent additions or alterations scads by the Losses shall become the property of the Citp. L. The Lessee agrees that he will take good care of the property and its appurtenances, and suffer no waste, and shall keep the said premises in good repair at his own expense, and at the and or other expiration of the term of this lease, shall deliver up the domisod promises in good order and condition, as Sams are now in, natural wear and tear axed damage from the elements only excepted. H. The Lease* agrees to pay for all utilities used at the promises leased by him. 10. It is further understood mad agreed that the right of ingrosa end eCrsts is reserved by the Lessor (the City) herein. for the use of its eraploycea and the general public, to allow these to *Ater Han ar Ao. 6551 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 inepectinh the same in order to determine whether the terms of said lease are being observed and carried out. 12. The prises charged for things sold as the promises by the Lessee shall at all times be reasonable, and not exhorbitant, end comparable with prices Charged for the sane articles at similar places in the City of Corpus Christi. 13. The Lessee agrees to take good oars of all movable equipsnnt, fixtures and property of any nature, furnished by the City, -3- and will keep tams in good repair at his eva 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 condition, as same is now in. reasonable wear and tear only excepted. The Lasses further agrees to be responsible for any of such movable equipment, fixtures and property, and in event some or a part thereof is lost, stolen or destroyed, Lasses is to re- place said property, in its same state and condition, as same was in when turned over to Leases. .hn inventory of all personal properties and equipmeat furnished by the -;ity to Lassos is to be made at a later date and signed by Lease* 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 became a part thereof for all pertinent pur- poses. 14* Lassos further agrees that he and all his employees shall abide by all rules and regulations as not out by the Airport Manager and the city of Corpus Christi, and the said employs** shall remain on the premises of the I,esseo at all times, unless their official duties require otherwise, and that they will use only the toilets and wash- rooms designated for the Lessee and his emplaprees. 15. The losses shall not permit malt, vinous or alcoholic beverages in the demised premises,, and will not parmit smoking in any place where such would be a fire hazard and will at all times display "No 3mokiag" signs where designated by the Airport llh er or City Firs Uepartmenty Lessee further agrees to paint, dope, store intlemmable materials, void, or carry oa say activity that might be a fire hazard, coly in those places dssignated by the City Fire Par- The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, %ad 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 oormootsd with said premises during the tern of this base at his own expense. 17. Lasso* is to have the option to renew this lbg" at the expiratiosa thereof for such terns and considerations as may be agreed upon by the city, it beim` understood that this option is sub- ject to and contingent upon the terms and conditions of the wkevoo&blS Permit" from the L'nitad States of America to the City, Under which the City is operatini Cuddiby Field. 18. The Losses further agrees that its 0480 Of guy default in aqy of the covenants cad conditions of this lease, the City mW en- farce the performanos thereof is amy madea or manner provided by laws, and may declare the leas* forfeited at its discretion, and its its agents or attorney shall have the right, without further notice or demand, to re -enter and remove all ;Parsons 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 City, its agents or attorney, mey resume posseasicn of the premises said re -1st the same for the remainder of the term at the best rent they may ob- tain►, for aocwat of the i.e89e0, who shall mate good any deficiency, and the Lessor (the City) shall have a lien as security for the rent aforesaid, or any rent due cad unpaid under said lease, upon all goods, wares, chattels' implements, fixtures, furmiture, tools and other per- sonal property which are ssow located on said promises or which my be Placed on said premises by the Lasses, which lien shall be cumulative of the statutory lien created by low cad in addition thereto. 19. however, it is expressly understood and &,greed by the Parties hereto, that this lease is aubjeot to a "avow able Permit" issued by the VAitsd State of Auwrica, by direction of the `hisf of the Bureau of f&rds gad i,+ooks, acting under direction of the sooretary -5- of the Navy, to the City of Corpus Christi, Texas, permitting the use Of U. 3. Naval Auxiliary Air SUtioa. Cuddihy field, Corpus Christi, Texas* or a portion thereof, and said lease is oontingent on such permit and the corms thereof, and all rights of the Leases are subjeot to the terms of said permit, and it is further agreed that the City is not to be liable, in any manner, For damages of any nature, for any termination of this lease or airy changes of the rights of the Losses, by virtue of any notion 'taken by the United States oe America or their agents by virtue of aforesaid permit. Executed in duplicate this the day of February, A. U. 1947- CITY OF CCBPUS CHRISTI City Manager ATTEST s Losses city Seoretary APPROVO AS TO LEGAL, FORMS City Attorney STATE OF T3US OOUM OF Muse" WOn ME the undersigned authority, on this day personally appeared 46 U. Paul, kwm to as to be the person whose names is sub - soribed to the foregoing instrument and acknowledged to me that he txeouted the sauna for the purposes and consideration therein expressed. Uivea under rW hand and seal of offioa this the day of February, . A.. 1947. =M7 Public in and for hueoes County, Texas -6- STATF. OR TMS CMT7 OF fiii a" BEFORR W The undersipxad authority, on this day persoapally appeared Roderic, 3, ThQM4, City A" pr of the city or COW Christi, Tezas, known to me to be the person whose saw is subscribed to the fore- going instrumeat and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the okpaoity therein stated and ae the act and dead of said City. given under my hand and seal of office this the day of Februm7, I. p., 1947. Notary Y'ublio In and for Suedes Goamty, Texan. -7- STATE OF TMA8 Ct7t M 49 NUMBS We agreement acute and entered into this the _ day of February, A. Do, 1917, by and between the City of Corpus Christi., Texas, a municipal corporation, hereinafter called "City" and Mike Glasscock and Don A. Glasscock, a cc- partnership, Doing business As 4lass000k Aviation Activities, of Aueces County, Toxas, hereinafter termed "Lessee ". W I T X B 9£ E T H The City of Corpus Christi, Texas, doss by these presents lease and demise unto the said Mike Glasscock and Don A. Glasscock, a ca-ptrrtmership, Wa Glasscock Aviation Activities, Lessee, the follow- ing described premises, to -wit. NIN me half of hangar No. 653, located at Cuddiby Pield in Nueoes County, Texas, together with concrete aprons adjacent and adjoining thereto described as followrs t Hsginning at a point on the 3 side of said hangar equal distance between the SE e" and the NW and of &aid hangar# Themes S 130 feet to ootwsert Theme 1W 129 feet to corner= Thouse N 484 feet to Corner# Themoe SE 129 feet to corner# Then" 3 150 Peet to a point at the M side of said hangar said point being equal distance between BE and of said hangar and NW end of same for the term of ones year. said loose beginning the i day of March , A. D., 1947. and ending the _ day of March , A. D., 1968; the Lessee is to pay therefor the sum of $175#00 per month for the first six (6) months of said lease and thereafter, said lessee is to pay a rental of $200.:30 per month during the term of said lease, the first payment to be made on the first effective date of the feces, and each monthly inatallmeat on the same day of each succeeding month thereafter during the term of said lease, subject to the following conditions and covenaatst 1. That the Lessee shall p1= the rent in advance as aforesaid, a's the sago shall fall due. 2. It is understood and agreed that the leased premises are to be used for the following purposes only, to -sits for aircraft storage, sales, maintenance, operations, schools and similar aviation aotivities in oostneetion with sad pertinent to the above stated usage. Said premises are not to be used for any other purposes than these herein specified, Without the consent of the City is writia& 3. If Losses sagagos in flying training, charter service or operating oommeroially for hire, reward or profit, he agrees to pay to the City in addition to the annual rental aforesaid, an opera» tion charge which shall be paid as followas $150.00 for each six manthe period for one airplanal if second airplane is used, it may be operated free of extra charge to Lease*; and $5.00 per month is to be charged for Mach additional airplane over two, the operational eharges for the first plane to be paid each six months is advance; the charge of $5.00 per plans for each plane over two in ==bar is to be paid monthly in advance. 1►+ if the Lasses Sella gasoline at leased promisea in con- unction with use of same, then in such event less** agrees to pay the City the awn of two cents (4*02) per gallon for the first five thousand (5,000) gallons of 64601100 sold on the leased premises; and one cent ($.01) per gallon for each gallon over five thousand gallone sold on the premises, same to be payable OR the 10th day of each mouth following the sale, during the term of this lease, it being understood that this rental based en 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 - lessed by the Lessee to be used as office spseo. then and in such event, the Losses agrees to pey U* City the sum of 10% of the gross amount reosived from such sub - lessee for the sub- lease, said amount to be in addition to the rentals horein- -2- above set out. 6. Lessee agrees not to sub -let the leased premises or say portion thereof, except as under the terns of this contract for the k Purposes net out„ without the consent of the City in writing. 7. No additions or alterations shall be made to the premises without the consent of the City in writingl and it is expressly agreed that all permanent additions or alterations made by the Lessee shall beoome the property of the City. d. The Lessee agrees that he will take good oars of the property and its appurtenances, and suffer no waste, and shall keep the said promises in good repair at his own expense, and at the end or other expiration of the term of this lease, shall deliver up the demised premises in �„eod order and oouditlan, as same are now in, natural wear and tour and damage from the elements only excepted. 9. The Lasses agrees to pay for all utilities used at the promises Leased by him. 10. It is further understood and agreed that the right Of iabreas and agrees is reserved by the Lessor (the City) herein, for the use of its eaPlcyesa and the general public, to allow them to enter hangar No, 651 for the purpose of visitiag the offios of the Airport Manager and the control tower. 11. The City reserves the right to enter the said premises at aW time during the existence of this lease for the purpose of inspecting the some in order to determine whether the terms or said lease are being observed and carried out. 12. The prices charted for thins sold on the promises by the Lessee shall at all times be reuaxable, and not exhorbitant, and comparable with prices charged for the same articles at similar plates in the City of Corp" Christi. 13. The Lesson agrees to take read cam of all movable equipment, fixtures and property of any nature, furnished by the City, -3- and will 'keep same in good repair at his am exp*ass, 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 condition, as now is now in, reasonable wear and tsar only excepted. The Lwsses further agrees to be responsible for any of such movable equipment, fixture& wad property, and in event same or a part thereof is lost, stolen or destroyed, lessee is to re- place said property, in its same state and condition, as same was in when turned over to Lessee. An inventory of all personal properties and equipment furnisked by the City to lessee is to be wade at a later date and signed by Lassen and the Airport Manager for the City, same to net out .a description of the property and equipment and the condition of such, it being understood a copy of 81M is to be attsohsd to this lease agreement and is to become a part thereof for all pertinent pur- pcses. 140 laane* further agrees that he and all his employees shall abide by all rules end regulations as set out by the Airport manager sad the City of Corpus Christi, and the said employees shall remain on the promises of the lasses at all times, unless their official duties require otherwise, and that they will use only the toilets and wash - room designated for the Leese* and his employees. 15. The Lease* shall not permit malt, vinous or alcoholic beverages in the demised premises; and will not permit smoking in NV place where such would be a fire hazard and will at all'.timee display "$o SMOking" signs where designated by the Airport 'Manager or City Fire Departments lasses further agrees to paint, dope, stare inflammable materials, weld, or carry on any aotirity that might be a fire hazard, Only in those places designated by the City Fire Marshal. 16. The lessee shall promptly execute and fulfill ail the crdinaaoss of the City of Corpus Christi applicable to said promises, and all orders sad requirements imposed by the Board of Health, -4- Sanitary and Police Departmsats, for the correction, prevention and abatsmsat of nuisances ins upon, ar connected with said promises during the tern of this lease at his one expeass. 17. Lessee is to have the option to renew this lease at the expiration thereof for such terms and coasidarations as may be agreed upon by the City, it being understood that this option is sub - jeot to and contingent upon the terms and ocaditioas of the "Revocable permit" from the United States of Axe rioa to the Citys under which the City is operating Cuddihy Field. 18, The Tsssee further grssa that in case of any default in any of the covenants and conditions of this lease, the City may an- force the perforeaaee thereof in Pay 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 notioe or demand., to re- .rater and remove all persons therafrom, without being deemed guilty of any matter of trespass and without prejudice to Puy remedies for arrears of rent or breach of covenant, or the City, its agents or attorney, Pay resuwe possession of the promises and re -let V* same for the minder of the term at the best rent they may ob- taro, for account of the Lessee, who shall make good any deficiency; 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, chattelr, implements, firturea, furniture, tools and other per - soael property which are now looeted OU said promises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lies created by law and in addition thereto. 19• tia"r, it is eXpross4 understood and agreed by the Parties hereto, that this leas is subject to a "Revocable Permit" issued bg the United States of America, by direction of the Chief of the bureau of Yards and Docks, acting under direction of the Secretary -5- of the Navy, to the City of Carpus Christi, Taxas, permitting the use of U. S. Naval Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas. or a portion thereof. and said lease is contim6ant on such permit and the terms thereof, and all rights of the lessee are subject to the terms of said permit, mad it is further agreed that the City is not to be liable, in any manner, for damages of any nature, ror my termination of this lease or any changes of the rights of the Lease*, by virtue of any notion taken by the United States of American or their agents by virtue of aforesaid permit. Lzacuted in duplicate this the _ day of February, t. D. 1947- ATTESTs City Secretary APPROVED AS TO LEGAL FORMS City Attorney STATE OF TlaAS COtJHi'Y OF Ima CITY OF CORPUS CHRISTI City Manager Losses Were me the undersifyaed authority. on this day personally appeared HUM Glasscock and Don A. Glasscock, known to me to be the Persons whose names are subscribed to the foregoing instrument and each ackaowledged to me that they executed the same far the purposes and consideration therein expressed. Given under qr hand and seal of offioa this the _ day of February► A. u.. 1547. -b- Notary Public in and for Nueses County. Texas STATL OF Ta" coum OF suzficczss Before me the undersigned authority, on this day peraomally appeared Roderic S. Thomas. City Manager of the City of Corpus Christi. Texas, known to mo to be the porn= whose nwste is subscribed to the foregoing instramAt and acknowledged to zee that he executed the sazee for the purposes and consideration therein expressed. in the capacity therein stated and as the act and deed of said City. Gives under mV hand and seal of office this the _day of February, A. :y.. 1947- �7� Nctm7 Public in and for Nuecss County. Texas. 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 %J. day of February, 1947• MAY PRO TEM City of Corpus Christi, Texas. ATTEST: City Secretary / APPROVED AS TO LEGAL FORM: City Attorney Corpus Christi, Texas February 9'� , 19117 TO THE MEMBERS 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 PRO TEM City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale John A. Ferris George R. Clark, Jr. a�z� Ray R1 Henry The above ordinance was passed by the following vote; ,Wesley E. Seale T< John A. Ferris ,? George R. Clark, Jr. Ray R. Henry