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HomeMy WebLinkAbout02039 ORD - 03/04/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPT'S C11RISTI TO FX CUTE FOR AND ON BEHALF OF THE CITY, LEASE CONTRACTS COVERING BUILDING NO. 655 LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEFSS, TO F. E. BOiiWi; S11;ALL SWIHAING POOL, BF.ARIM NO. 612, and LARGE S-471 .4ING POOL, BEARING NO. 693, LOCATED AT CUDDIiff FIELD, TO F. E. BOMWI; BUILDING NO. 602 LOCATED AT CUDDII1Y FIELD TO FRANK M. VAT! METRE; AND, BUILDING N0. 603 LOCATED .ST CUDDIdY FIELD, NUECES COTRTTY, TEXAS, TO RODERIC S. MORS AND FESTUS A. HALL, :UTD DECLARING AN M22RGENCY. LJHERP.AS, the City of Corpus Christi, Texas has received a "Revocable Permit" from the tinited States of America to use Cuddihv Yield or a portion thereof, located in Nueces County, Texas; and WHERE&S, Building No. 655, Small Shimming Pool, bearing No. 612 and Large Shimming Pool, bearing No. 693, Building No. 602 and Building No. 603 are a portion of the premises above mentioned and can be leased for sums which can be used to help meet the expense of upkeep for Cuddihy Fieldj NGA, THEREFORE, BF 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 Building No. 655 and the appurtenances thereto, located at Cuddihy Field in Nueces County, Texas, to F. S. Bowman; Small Swimming pool, bearing No. 612 and Large Swimming Pool, bearing No. 693 and the appurtenances thereto, located at Cuddihy Field to F. E. Bowman; Building No. 602 and the appurtenances thereto, located at Cuddihy Field, Nueces County, Texas, to Frank M. Van detre; Building No. 603 and the appurtenances thereto, located at Cuddihy Field, Nueces County, Texas, to Roderid(S. N:ore and Festus A. Hall, copies of which contracts are attached hereto and made a part hereof, and read as follows, to -wit; �o� 9 STeTZ OF Texas COMTY or MUSCES This agreement mods and entered into this the _ day Of Maroh, A. D. 1947, by and between the City of Carpus Christi, Texas, a samiaipal corporation, hereinafter nailed "City" and Fs Is 8owuean of Nueoss Couzrty. Texas, hereinafter called "Lessee^. 11 1 T AI E EaB T H TM City of carpus Christi, Texas, does by those presents lease and demise unto the said F. E. Boawan, Losses, the following de•oribed premises, to -wits The building kno"a as Bachelors' Officers uarterso same being Building No. 655 least" at Cuddiby Field, In Yudoes County. Texan. for the tom of one year, said lease bey i� the _..... day of Huroh, A. D. 19.17, and ending the _ 4W of Marsh, A. D. 1948, the Lessee is to pay therefor the sum of night Thousand 'Five Hundred Dollars (#13,500.W) for a year, same to be paid in x=thly install- mento of X708.33 per month, oxcept no rent is to be paid for the first sixty (60) days of this lease and same Is to be rent free to said Leases, said monthly installwants to be paid each month in advance, the first to be paid sixty (60) days from the date on this lease and a like installment on the same day of each succeeding month there- after during the term of said lease, exeopt that it is understood and agreed that when and in the event Lessee puts a **Viet# paint job on *be outride of the building. be is to revive one mwmth•s fro* rent. when and in the event such painting is consusated, subject to the following oanditiams and ea»nantss 1. That the Lassae shall pay the rent in advance as afore- said as the sane shall fall due. 2. It is understood and agreed that the issued premises are to be used for the following purposes onlyo to -wits for living quarters for single working people and transient aviators, same to be a moderate price hotel. Said pradses are not to be used for nay other purpose than these herein specified unless consented to by the City in writing. 3• Was" %"" not to sub -let the leased prWisu or any portion thereof, smept as under the terms of this omtrast for the purposes wt WAS without the oo®seet of the City in writing, except the Lessee is to have the right to reat out roars and por- tions thereof is acoordanoe with the terms of this lewse. 4. Ha additions or alterations shall be made to the pre - mises without the sonsaat of the City in writing$ and s:W and all improvements plaoed on said premises whisk are movable way be moved by the i&nsae at the expiration of this lease, 5. The Less& apmos that he will tab good oars of the property and its appartoomaos&. and suffer no waste, and shall )Deep the said premises in good repair at his own expea•ep and at the and Or other expiration of the bra► of this leaset shall deliver up the desiead premises in good order and oauditiea. as &sae are now in, natural wear and tear and danage from the elements only asoepted. $. The Lessee agrees to psy for all utilities used at the promises Lased by him. 7. The City reserves the right to eater the said promises at @zW time during the existancs of this lease for the purpose of inapseting the same is order to determine whether the terms of said loans are being observed sad carried out. B. The priers oharged for things sold on the premises by the Lessee &hall at all times be reasonable, and not exorbitant, and aoaparable with prices charged for the ease artioles at similrr places in the City of Corpus Christi. 9S, The Lessee agrees to take goad sure of all movable squipment, fixtures and property of any an*", furnished by the City, and will keep rams in good repair at his own expense, and at the ex- piration of the term of. the 1&ase for any cause. shall deliver to the City all of such wftble equipment, fixtures and all property of any nature, in good order and aoadition, as sans is now in. reasonable weer and tear only areepted. The Lasn&e further agrees to be responsible -e- far 43W of such movable equipment, liaetures and property, and in event same or a part thareer is lost, stop or destroyed, Lsesse is to rv- plan said property, is its same state and om atieaa as same no in when tursed over to Losses. An inventory of all personal properties Mad equipment fursisred by the City to lessee is to be made at a later date sad sided by Lessee and the Airport ,,hanger for the City, nn, to set out a description, of the proyoriW aid equipment sad the *edition of such,, it being understood a copy of same is to be attached to this 1"" aCreensnt mad is to bsoamre a part thereof for all pertinmcat pure• poMes. 10. Lcssse agrees not to use said premises for =W illegal er ,,Moral purposes and agrees to conform to an the k a of the State. the United States. and all rules set out by the city unaa®er of the City of Corpus Christi, Ta=ss for the cpsratics of the loaned premises,, 11. Losses s*a11 not permit or sell sleeliblio liquors or whiskeys qm the premiss., but the Sale of boom is permitted preerlded acme isle accordance with the Pwderal Brad State lass governiza Saw. 12. The Lessee shall Promptly smsoute and fulfill all the ordi"NO" of the City of Corpus Christi applicable to said promises,, and all orders sad requirsmmats imposed by the Hoard at Health. Sanitary and Police Departments. for the correction„ preventies sad abatement of mcrisaemes is, upon„ or oemmareted with said prawissa during the term of this lease at his own wpm". 13. Lessee is to have the option to resew this Isaac at the eupiratiam thereof for such terms cad considerations as may be We" upon by the City, it being understood that this option is sub - jest to sad — t3sgeat npaa the terms and ocaditioma of the "Revocable Fosmit" from the Ukited States of America to the City,,, carder which the City is oporatiag Cuddikyy yield. 24* the lessee further agrees that is ears of any default is nay of the oovemants and coaditicas of this lease, the City may oa- fords the performanse thereof in say wades or saanar provided by -+3- low, and edgy dealers the lease forfsitsd at its diferstical and it# its son%* or attorney shall have the right, without further notice or demand, to re- aster sad remove all persons tbsr*fram, without being dashed guilty of any assoor of troop" and without prejudias to any remedies for arrears of rent or br"* or eevsmast, or the City, its agents or attorney, may resumes possession of the promises and re-let the am for thr roninder of the UnAt the best root they vV Ob- tain, tar &*count of the Losses, who shall make good any deficiency$ and the Lcs*or (the City) shall have a lion as Security for the rest aforesaid, or any rant due and unpaid under said lasso, upon all goods, warms• chattels, implementas fizburess furniture, tools and other per - sonal property which are now loamted an said promises or which may be placed an said premises by the Imams* which lien shall be oumzdA live of the statutory lion created by law and in addition thereto. 15. However, it is expressly understood and agrood by the parties hereto, that this lame is subject to a "Rovooable Forsait" issued by the Uaited States of America, by direction of the Chief of the Bureau of Yards end Docks, sotinZ under direction of'the 800retaty of the %avy, to the City of Corpus Christi, Texas, permitting the use of U. S. Naval Mmiliary Air Station, Cuddiby Field, Corpus Christi, Tow, or a portion, thereof, and said leas* is contingent an such perait and the terms thereof, and all 'rights of the lasses are subject to the terms of said permit, and it is further agreod that the City is not to be liable, is soy meaner, for damages of say nature, for sny termination of this Jesse or any changes of the rights of the Losses, by virtue at azr edition taken by the United Staten or America or their agents by virtue of aforesaid permit, 16. Losses agrees to sav* and keep harmless the said City of Corpus Christi, Tax". from any claims or damages of any nature whatsoever due to say negligence of Loses or his enpleyess in Us operation of the leased promises. Executed is duplicate this the day of March, A. Ds 1947- CITY OF CORPUS CHRISTI BY city ZNZW7 fi1iS$�r -7 LOOM Mr APPAMM AS TO l.tit " FORM* cyrr Aft STATE OF TWW Cmw OF NMM MWORE IM the undersigned authority, mo this day personally appeared F. B. Bowman, known to me to be the person Wtose name is subscribed to the foregaiag iastrusant and aoitnoaledged to = that he executed the same for the purposes and consideration therein axpnssed. Given under air hand and seal of office this the ...... day d Maraho A. D. 19W, Notary PuKio in and or Nueoes cannty, Tsxae STATE Cr T COMM OF NUMES BWCRE; us the uwdersigsed authority, am this day personally appeared Roderic B. Thomas, City Muck er of the City of Corpus Christi, Teams. known to as to be the persom whop name is subscribed to the foregaisg imstrusmatt and acknowl*4W to spa that he exeauted the saga for the purposes and consideration there$& expressed, in the capacity therein stated and as the not amid deed of acid City. Given under ape hand and seal of office this the _ day of xuvh, A. D. 1947. -5- Notary PubUA 2A and for Nue"s County, Tom** $TAT$ OF TEW CWM OF AUBM This agreement nods and entered Into **a the _ d&y Of Uaroh, A. D. 1947, by and betty one, the City of Corpus Christio Texas, a sa:nicipal oarporation, hereinafter called "City" and F. E. Bovemn of Nueass County, Texas, hereinafter called `isaaso% g1TU3333TS The City of Corpus Christi. Tsang. doss by thew presents lsase and demos unto the said F. S. Bowmen. Losses, the following dwribed prsmi�es, �O"wita The small swismingg pool. hearing No. 612, located at Guddiby Pield. Nueoes CouwW. Texas+ also The larp swimming pool, bearing Ns. 693, located at Cuddiby Field is Nueoes County, Texas, for the term of one year, said lease begiamiar the _ day of March. A. D. 1947. and ending the _ day or tlaroh, A. D. 19481 the Lessee is to pay therefor the am of One Thousand Six Naked Dollars ($1.600.011) for a year, sans to be paid in installments, as follows: $4W.00 to be paid on June 1. 19471 $400.00 to be paid an July 1. 19471 6400900 to be paid on august 1. 19471 and $400.00 to be paid on soptsmaber 1, 1947. subject to the following conditions and ocvoaantss 1. That the Loses* shall pay the rent Is advance as arors- said as the saes shall fall due. 2. it is understood and Wood that the leased premises are to be used for the following purposes only, to -wits for bathing and swimming activities for the general publios it being understood and agreed that in cosmesation with such swimming pools Lasses is to have the right to rill soft drinks, sandwiches and oanfeotionse 3. lasses agrees not to sub -let the leased premises or mW portion thsroaf. except an under the terms of this contract for the purposes not out, without the consent of the City in writing. 4. NO additions or alterations Wall be made to the pre- miss without the ovssent of the City in writing; and avy and all iiaprova+ests placed an amid premises which are movable mer be moved by the Lessee at the expiratioa of this lease. 5. The L9sno agms that he will tapes good care of the property aad its appurtenances, and suffer no waste„ and shall keep the said premises in good repair at his one expease, and at the and or other expiration of the terra of this lease, shall deliver up the demised premises in good order and condition. as same are now in. natural wear and tear and damages from the slemeents only excepted. 6. The losses agrees to pay for all utilities used at the promises leased br his. 7. The City reserves the right to eater the said promises at awry tins during the existowe of this lease for the purpose of inspecting the some in order to detsre&wo whether the terms of said lease are being, observed and carried out. 8. The priors charged for things sold an the prodess by the Lasses *hall at all timas be reasonable. and not exsrbiiaat, and comparable with prices charged for the rime articles at similar plaeea in the City of Corpus Christio, 9. The Lasses agrees to take good *are of all movable egulpmeat, fixtures and property of say nature, furnished by the City, mad will keep same is food repair at his own expense, and at the ex- piration of the term of the lease for say osuse, shall deliver to the City all of such movable equipment, fixtures mad all property of ant• mature, in good carder and aaaditiaas, as sane is now in. reasonable wear and tsar only saoepted. The Lessee further agrees to be responsible for any of such movable equipment, fixtures and property, and in event Sams or a part thereof is lost, stolen or destroyed, Losses is to re- plaos said property. in its same state and condition, as name was in when turned over to Lessee. An inventory of all personal properties and equipment furnished by the City to Leases is to be made at a later .2- date and signed by Losses and the Airport Manager for the City, ears to set out a description of the property and ognipment and the oordition of suchs, it being understood a copy of acme is to be attached to this leas* agreement and is to beeame a part thereof for all pertinent pur- poses. 19a Lessee agrees act to use said promises for aq illegal or immoral purposes and agrees to oaeform to all the leas of the States the United States# and all rules set out by the City Manager of the City of Corpus Christi, Texas, for the operation of the leased premises. 11. The Lessee shall promptly execute and fulfill all the ordimen es of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed !ter the Hoard of Health. Ssnitsry and Poll** Departments, for the oorr*otion, prevention and sbatemast of misaaces in, upon, or cousected with said premise$ durisig the term of this lease at his own expense. 12. Lessee is to haw the option to roses this lease at the expiration therool for such terms and oossiderstions as may be agreed upon by the City, it being understood that this option is -sub- ject to and oaatingsat upea the terms and conditions of the `Revocable Femita from the United States of America to the City, uwder which the City is operating Cuddihyr Field. 13. The Lessee further agrees that is cap of any default is any of the covenants and auditions of this leas*, the City may on- for" the parlormsaae thereof in any modes or manner prasided by Les, and may declare the lease forfeited at its disorotfon, and its its agsats or attorney shall have the right, without further notice or demand, to re -enter and remove all persons therefroms without being deemed guilty of any manner of trespass and without prejudioe to nay remedies for arrears of rest or breach of covessat, or the City, its agents or attorney# say resume possession of the premises and rv-lst the same for the remainder of the te:u at the best rant they may ob- tain, for "*oust of the Losses, who *hall make hood any deficiesayl -3e sad the Lessor (tine City) shall have a lien as Security for the rest aforesaid, or any rent due and unpaid under said lease, upon all goods, wares, chattels, implements, fixtures, furniture, tools and other per- soul property which are am heated on acid promisee or which ssiy be placed = said premises by the lessee, which lien shall be cinulatiee of the statutory lion created by Lear and is addition thereto. 14, der, it is upross]y uxWrstood ad We*4 by the parties hereto, that this lease is subjeot to a "Revocable Permit" issued by the United States of America, by direction of the Chief of the bureau of Yards wed gooks, meting under direction of the Sonretary of the Navy, to the City of Corpus Christi. Texas. permitting the use of U. S, Naval Auxiliary Air Station. Cuddiby Field, Corpus Christi. Texas, or a portion thereof, aid said loose 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 asay summer, for damages of easy nature, for may tormiaatiom of this lease or any changes of the rights of the lessee. by virtue of any action taken by the baited States of America or their agents by virtue of aforesaid permit. 15. Losses agrees to save and beep harmless the said City of Corpus Christi„ Texas, from any claims or damages of &W asture whatsoever dus to any migligeaee of Lasses or his saaployees in the operation of the leased premises. �% Executed in duplicate this the .,G.' day of Starch, A a D. 1947. CITY OF CajMS CnISTI AT, CM nr8rr city are losses APPROVED AS TO LEGAL FCRNr eiry A orney -4- &WE OF T&W COUNTY of sUSCES B3KWE ME the undersigned authority, on this day personally ' appeared F. ';o aosmsa, know to s+e to be the perlas vhose 04510 is subscribed to the foregoing instrument and acknowledged to me that he executed the saws for the purposes and considerstiaa therein expressed. Given under qr haired and seal of offioe this the deny Of i+.arah, A. D. 194-7. c in and for Nueoes, CWj*, tents sTATS OF TEXAS core OF IMCES BEFORE ME the undersigned authority. on this day personally appeared Roderic 3. Thomas, city Manger of the City of Corpus Christi, Twass laaoset to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. in the capacity therein stated and as the act sad died of said City. Given under zy hand and seal or offioe this the _ day of Mareho t.. D. 1947. -5- O La and for s COUXtys texas STATE OF TEXAS COUITY OF RUSCBB This agreement made and entered into this the day of March. A. D. 1947, by and between the City of Corpus Christi, Terns, a municipal corporation, hereinafter called "City" and Frank m. Gan Metre Of Nueaes County. Texas. hereinafter called "Lessee ". W I T N 9 3 6 2 T H The City of Corpus Christi, Texas, does by these presents lease and demise unto the said Frank M. Van Metro. Lessee, the following described promises, to -wits The Public works maintenance Building, being building Lo. 602. located at Cuddihy Field in Nueoes County, Texas. for the term of one year, said lease beginning the _ day of VArch, A. D. 1947, and ending the r day of March, f. D. 19%83 the Lessee is to pay therefor the sum of One Thousand Eight Hundred Dollars 01.800.00) for a year, same to be paid in monthly installments of $150.00 per month, said monthly installment to be paid each month in advance, the first to be paid on the first effective date of this lease and a like installment on the $ame day Of each succeeding month thereafter during the term of said lease, subject to the following conditions and oovenants= 1. That the Losses shall pay the rent in advance as aforesaid as the same shall fall due. 2. It is understood and agreed that the leased premises are to be used for the following purposes 'only, to -wits for over- hauling aircraft and automobiles and related activities. Said premises are not to be used for any other purpose than these herein specified unless consented to by the City in writing. 3• Lessee agrees not to sub -let the Leased premises or any Portion thereof, except as under the terms of this contract for the purposes set cut, without the consent of the City in writing. 4. No additions or alterations shall be made to the pre- mises without the consent of the City in writing} and smy and all improvements placed as said premises which are movable may be moved by the Losses at the expiration of this lease. 5• 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 ass expeaao, and at the end or other expiration of the term of this lease, shall deliver up the domised premises in good order and oonditica, as name are now im, natural wear and tear sad damage from the elements only excepted. b. The Lessee agrees to pay for all utilities used at the premises loosed by him. 7. The City reserves the right to enter the said premises at say time during the existence of this lease for the purpose of inspecting the same is order to determine whether the terms of said lease are being observed and carried out. 8. The prices charged for things sold on the premiss by the Losses shall at all times be reasonable, and not exorbitant, and comparable with prices charged for the as= articles at similar Places in the City of Corpus Christi. 9. The 104860 agrees to take good oars of all movable equipment, fixtures and property of any nature, furnished by the City, and will keep same is good repair at his own expense, and at the oz. piratica of the term of the lees. 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 Lessee further agrees to be responsible for nay of such movable equipment, fixtures and property, sad in event moss or a part thereof is lost, stolen or destroyed, Losses is to replace said property, is its same state and condition. as same was in when turned over to Losses. An inventory of all personal properties and equipment furnished by the City to Lessee IN to be made at a later date and signed by Lasses and the Airport Manager for the City mama -2- to set out a dasoription of the property and equipment and the condition of such, it being understood a copy of some is to be attached to this lease agreement and is to became apart thereof for all pertinent pur- poses. 10. Lessee agrees not to use said premi :as for any illogal or immoral purposes and agrees to conform to all the laws of the States the United States, sad all rules net out by the City Manager of the City of Corpus Chriati. Texas, for the operation of the leased premises. 11. The Leaves shall not permit malt, vinous or alcoholic beverages in the domised premisesl and will not permit smoking in any platy where such would be a fire, hasard and will at all tins* display "No Smoking" signs where designated by the Airport Nexager or City Fire L*partmsmti Lessee further agrees to paint, dope, stags iaflammsble materials, welts, or carry ca any activity that might be a fire hasard, only is those please designated by the Gity Fire Marshal. 12. The Leases shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, Lad all orders and requirements imposed by the Board of Health. Sanitary and Police Departments, for the correction. prevention sad abetment of nuisances in, upon, or connected with said premises during the term of this lease at his even expense• 13. 108208 is to have the option to ramer this lamas 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• jeot to and contingent upon the terms and conditions of the "Ravoo"Is Permit" from the United States of America to the City, under which the City is operating Cuddiby Field. 14. The Lessee further agrees that in mass of may defmult in any of the covenants and conditions of this lease, the City may *m- foroe the psrformasos thereof is any modes or manner provided by law, and may declare the lease forfeited at its discretion, and it, its agent* or attorney shall have the right* without further notice or demand, -3- to re -enter and remew all persons therefrom, without being deemed guilty of any maeaer of trespass and without prejudice to any remedies for arrears of rent or breaaji of ooseusat, or the City. its agents or attorney, may resume possession of the premises and re -let the see for the remaimdar of tba term at the best rout they may ob- tain, for s000unt of the Lessen. who shall mice good say deficisnnyi and the Lessor (the City) shall have a lion as Security for the rent aforesaid, or any rent due mad unpaid under said lease, upon all goods, wares, 4hattelss implements, fixtures. furniture. tools and other per - ■Mal property which are now located am said premises or which may be placed an said promises by the Lasses, which lion shall be cumulative of the statutory lien created by law and in addition thereto, 15. However. it is expressly understood and agreed by the parties hereto, that this lease is subject to a "Revocable permit" issued by the United t'tetes of America. by direaticoa or the Chief of the Bureau. of Yards and Docks& actin; under direction of the Secretary Of the V&VYP to the City of Corpus Christi, Texas, pormittiag the use Of U. S. Naval Auxiliary Air Station. Cuddihy Field. Corpus Christi. Texas, or a portion thereof, and said lease is contingent oa such permit mad the terms thereof, and 0,11 rights of the Lessee are subjsot to the tetras of said permit. and it is further agreed that the City is not to be liable, in OW wsmir, for damages of any nature, for say termination Of this lease or any ciasages of the rights of the Lassos, by virtue of asy toti® taken by the United ':.totes of Aswrioa or their agents by virtue or aforesaid permit. 16* Leeaee egress to save mad keep harmless the said City of Corpus Christi. Taxes, from any claims or danoges of any mature whatsoever due to any eagligemoe of Lesaea or his employees in the operatisa of the leased promisee. FAscuted in duplicate this the � day of taaroh, A. D. 1947. -4- CITY CP' CORPUS CHRISTI 3y city manager ATTBS' P,,4� ears city Secretary APPROVBD AS TO LEGAL POWs ormey STATE OF TUU COUNTY OF WMCSB DUCIM ME the undersigned authority, on this day personally appeared Frank M. Van'kets9, known to me to be the person whose name In subscribed to the foregoing instrument agd acknowledged to me that he executed the same for the purposes and consideration thersim expressed. Given under V hand aad seal cf 'office this the _ day of A.. D. 1947. Notary Public in and for Husoas County, Texas STATE OF T"" COUATY OF itIIBCES BSFM ME the undersigned authority, an this day personally appeared Roderic B. Thomas. City Manager of the City of Corpus Christi, Te=asa kAQU to me to be the person whose saes is subscribed to the £ore - geiag iastrumamt and aakmmledged to ma that he executed the same for the purposes and coasideratiou therein expressed, in the oapacity therein stated and as the act and deed of said City. Given under my hand and seal of Office this the ._.... day of . A. D, 1947. Notary a or Hueoes County.Texae. —5- STATE OF Ta" COUNTY OF NMICIS This a "Offibnt Made and entered into this the day of Harsh. A. D. 1947, by and between the City of Corpus Christi, Texas, a municipal corporation. hereinafter called "City" and Roderick& Mae and Festus A• Hall of Husoee County, TexaS, hereinafter called "lessees ". W I T Y Z S S 3 T H The City of Corpus Christi, Texas, does by thew presents less* and demise unto the said Roderic S. More and Restus R. Hall, Lessees, and their representatives, the following described premises, to-*it 1 The buildLi% known as A a a Shop same being Building No. 603, located at Cuddihy Field. in Susses County, Texas, for the tern of one year, said lease beginning the day of Harsh, A. D. 1947. and ending the _ day of March, A. D. 191481 the Lessees gre to pay therefor the sum of Cr Thousand sight 1h adred Dolls" ($1.800.00} for a year. mar to be paid in monthly inatslimeats of $150.00 per month, said monthly installments to be paid each month in advanoe, the first to be paid on the first effective date of this lease'and a like installment on the mar day of each succeeding month thereafter during the term of said lease, subject to the following, conditions and oovenantah 1. 'That the Lsssew shall pay the rent in advamm as aforesaid as the same shall fall due. 2. It is understood and agreed that the leased premises are to be used for the following purposes only, to.,wit, for aver - hauling aircraft Mad, related activities. Said premises are not to be used for sW other purpore than tree heroin specified unless sox- sented to by the City in writing. j. Lessees agree not to sub -let the leased premises or wY portion thereof, except as under the terms of this ooatract for the purposes set out, without the ooaseat of the City in writing. 4. No additions or alterations shall be me" to the pre- miser without the consent of the City is writings and say and all &nap orsasats plaesd an said promises whieh are movable .may be moved by the Losses* at the expiration of this James. 5. The Lss*e*s agree that they will tats good oars of the Property and its appurtenamses, and suffer no waste, and shall keep the said premises in good repair at their own expmss, and at the and 1 or other expiration of the term of this lease. shall deliver up the demised premises is good order and conditions as same are now la. natural wear and tear and damage from the oloamts only excepted. 6. The Lessees agree to pay for ell utilities used at the premises leased -by those. 7s The City reserves the right to enter the said premises at awy time during the existence of this lease for the purpose of inspecting the some in order to determine whether the terms of said lease are being observed and carried out, 8. The prices charged for thing* sold on the premises by the Lessees shall at all times be reasonable, and not exorbitant. and ONTArable with prices charged for the name articles at similar places in the City of Corpus Christi.. 9. The Lassoes agree to take good ogre of all movable equipswc►ts fixtures and property of ass neture, furnished by the City, and will keep sans in good repair at their era expense, and at the expiration of the term of the lease for any cause, shall deliver to the City all of such movable equipment, fixtures and all property of ass nature. in good order and oondition, as same is nor in, reasonable *near and teor only exoeptod. The Loss*" further agree to be responsible for may of Such maeable equipms*nt, fixtures and property, and is event sees er a part thereof is lost, stoles or destroyad, l"soss are to -2- replace said property„ in its saw state and condition. as seine ones in. when tursed over to Lessees. Ax i.sventory of all personal properties and squipmeat fumisbsd by the City to Lessees is to be made at a Leer date and signed by Losses& and the Airport Manager for the Citys saes to set out a de*oriptioa of the property and equipment and the condition of such, it beixb understood a oopy of same is to be attsohed to this lease agreemant and is to became a part thereof for all pertinent purposes. 10. Lessees agree not to use said promises for any illegal or immoral purposes and agree to oonform to all the leers of the State, the United States, sad all rules set out by the City manager of the City of Corpus Christi, Tesas, for the operation of the leased promises. 11. Ths lessees shall not permit malt, vinous or alcoholic beverages ra the demised premises, and will not permit smoking In may place where such would be a fire hazard and will at all tines display "No Smoking" signs where designated by the Airport Haasger or City Fire Department, Lessees further agree to paint. dope, store inflaesabl* materials, weld, or carry on any activity that might be a fire hasaat, only in these places designated by the City Fire Marshal. 12. The Leases& shall promptly azaaut* and f'ulf'ill all the ordinanoss of the City of Corpus Christi applicable to said promises, and all orders and requirements imposd by the Board of Stealth. Sani- tary and police Departments, for the correotioay prevention and abatement Of Suisanoss in, upon, or connected with said promises during the term of this loss* at their one espease. 13. Lessees are to have the option to renew this lease at the expiration thereof for such terms Sad cousidoratioss as may be agreed upon by the City. it being understood that this option is sub- ject to and contingent upon the terms and oanditions of the °Revpoable Permits frOu the United $tat*& of Arteries to the City, under rdhieh the City is operating Cuddihy Field. lime. The Lessee further agrees that in "so of any default in any of the covenants sad conditions of this lease, the City my en- force the perforstemoe thereof in any modoa or manner provided by laws sad may deolamh the lease forfeited at its discretion, and it, its agents or attorney shall hate the right, without further notice or demand, to re -enter and remove all persons therefrom, without being -3- deemed guilty of may manner of trespass and without prejudice to any remedies for arrears of rout or brea& of oovaaant, or the City, its agents or atteraey, may resume possession of the promises and re-lot the some for the remainder of the torn at the beat rent they my ob- taia, for account of the iassees, who shall n1w good OW deficieasy, and the Lessor (the City) shall have a lie: as Security for the rest aforesaid, or may rest due and unpaid under said lease, upon all goods, wares, chattels, i2plememts, fixtures, furniture, tools sad other per- sonal property which are now located on said promises or which may be placed On said premises by the Lessees, which lieu shall be cumulative of the statutory lieu created by law and in addition thereto, 15. However. it is expressly understood and agreed by the Parties hereto, that this lease is subject to a 'Revocable Feramit" issued by the United States of America, by direction of the Chief of the 4kmronu of .Yards and Docks, aotiap; under direction of the 3ocretary Of the Envy, to the City of Corpus Christi, Texas, permittin& the use of U- S. Naval Auxiliary Air sMation. Cuddihy F`1914, Corpus Christi, Tex", or a portion thereof, and said lease is ocatiagent on such permit and the terms thereof, and all'Vtghts Of the Lessens are subject to the terms of said permit, sad it is further agreed that the City is not to be liable. L31 any manner, for damages of may mature, for vaV teraisatioa of this leas* or may ehaages Of the rights Of the Leese*, by virtue of may action tahea by the limited stotea of swriea or their agents by virtue of aforesaid permit. 16e Leeseee egree to sane mad keep hasuless the said City of Corpus Christi, Texas, from any claims or damages of any mature whatsoever due to say negligence of Lessee or his omployees in the operatim Of the leased premises. Executed in duplicate this the day, of A. D. 1947• MIM CITY OF Cmns CHRISTI BY City Manager JiTi$$�J � /lids y :»ore Ak k'R(3Qk3U AS TO L EkAL Fon iassps city Attorney STATE OF TEXAS COUNTY OF NMC) BEPOU M$ the undersigned authority, an this day personally appeared Roderic S. More and Pestus A. Hall, kwea to as to be the persons whose names are subscribed to the foregoing iastrummat and acknowledged to me that they executed the sane for the purposes and consideration therein expressed. Given under my hand and seal of office this the dap or . A. D. 1947. Uotary Public In and for xusoes Aouniy0 Texas STATE OF TUA.S Comm OF trims s UPQii56 W the um reigned authority, on this day personally appeared Roderic B. Thaws, City MmaSer of the City of Corpus Christi, Texas, knows to no to be the person whose sane is subscribed to the foregoing instrumat mad acknowledged to me that he executed the Saar Par the purposes and consideration therein expressed, in the equity therein stated and as the act and deed of said City. (liven under cry head cad seal of office this the day of , A. D., 19470 Notary Public in and for Numms County, Texas. -5- 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 imper- ative 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 ORDAINED. PASSED AND APPROVED this 4 day of March, 1947. AdAY 5 TEM City of Corpus Christi, Texas. ATTEST: City Secre ary APPROVED AS TO LEGAL FORM: C y A torney Corpus Christi, Texas March _, 1947 TO THE rF.Hg5ERS 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, -�2 llaymr PRO TEM City of Corpus Christi, Texas The Charter rule was suspended by the following vote; Wesley F. Seale John A. Ferris t George R. Clark, Jr. alk R. R. Henry The above ordinance was passed by the ollowing voter Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry