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HomeMy WebLinkAbout02045 ORD - 03/07/1947A14 ORDINANCE AUTHORIZING AND DIRECTING THE CITY :TANAGER OF Tim CITY OF CORPUS CHRISTI TO EXECUTE FOR AIfD ON BEHALF OF THE CITY, LEASE CONTRACTS COTTT'RING BUILDING N0. 663 LOCATED AT CUDDI.'Y FIELD, NT;ECES COUNTY, TEAS, TO GEORGE BLEVINS, JR.D BUILDING N0. 606 LOCATED AT CUDDIIIY FIELD TO T. 'ff. - VTORTII- INGTON; BUILDING 110. 682 TO BOYS CITY, INC.; AND BUILDING NO. 656 LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, TO L. ff. ELLISON AND H. R. BAMS- BERGER, AND 'DECLILRING hN EP�RGz ICY. 'v91IncREAS, 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 6T.Il RI'DiS, Building No. 663, Building No. 606, Building No. 682 and Building Yo. 656 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 Field; NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CFUtISTI, 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. 663 and the appurtenances thereto, located at Cuddihy Field. in Nueces County, Texas, to George Blevins, Jr.; Building No. 606 and the appurtenances thereto, located at Cuddihy Field, to T. W. Worthington; Building No. 682 to Boys City, Incorporated; Building No. 656, and the appurtenances thereto, located at Cuddihy Field, Nueces County, Texas, to L. ',I. Ellison and H. R. Bamesberger, copies of which contracts are attached hereto and made a part hereof, and read as follows, to -grit; �a�,j STATE OF TEXAS COUNTr OF NU&CSS This agreoasut made and entered into this the day of March, A. D. 1947, by and between the City of Corpus Christi, Texas, a =41sicipal corporation, hereinafter called "City" and George BlavLns, Jr. of Nueces County, Tams, hereinafter called "Lessee ". W I T N S S S B T H The City of Corpus Christi, Texas, does by these presents lease and demise unto the said George Bievins. Jr., losses, the following described premises, to -wits The building ]mown as the Service Station, same being Building No. 663 located at Cuddihy Field, X110004 County, Texas, for the term of one year, said lease beginning on the day Of March, A. D. 1947, and ending the day of March, , ". D. 19481 the lessee agrees to pay to the City the sum of 1j per gallon for all gasoline sold at said Service Station and is to keep a good and suffi- cient set of books or records of all sales made at such Station and is to report and make payment to the City on the day of e440h month after the beginning of this lease, subject to the following conditions and ocvenantss 1. That the Lessee shall pay the rent ef 1y°apes= ga3lasn each month as aforesaid as sans shall fall due. 2. The City, or its employees or agentc, is t? ', : <•. z the right at acy and all times to inspect the books and records of said Lessee. 3. It is understood and agreed that the logged promisee are to be used for the following purposes only, to -wits for general auto - actin ssrvise station purposes including sale of gasoline. oil and the usual activities incident to the service station business. However, this contract is subject to Less" 10 negotiations with the Texas Caapar3y. 4. Lessee agrees not to sub -let the leased promises or any portion thereof without the consent of the City in writing. 5. No additions or alterations shall be made to the pro- mites without the consent of the City in writing= and wV and all improvements placed an said promises which are movable ay be moved by the Losses at the expiration of this lease. 6. The Lessee &grass that he will tale good oars 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 demised premises in good order sad condition, as same are now in, natural weer and tear and damage from the elements only excepted. 7. The Lessee agrees to pay for all utilities used at the premises leased by him. B. The City reserves the right to enter the said promises at any time during the existence of this lease for the purpose of inspecting the same in order to determine whether the term& of said lease are being observed and carried out. 9. The prices charged for things sold on the premiaas by the Lessee shall at all times be reasonable, and not exorbitant, and comparable with prices charged for the same articles at similar Places in the City of Corpus Christi. 10. The Lessee agrees to take good Care 4: all movable equipment, fixtures and property of any nature, furnished by the City, end will keep Dams in good repair at his awn expanse, a:d n• the ex- piration of the term of the leans for any Cause, sh+aU 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 suoit movable equipment, fixtures and property, and in event some or a part thereof is lost, stolen or destroyed, Lassaa is to re- place said property, in its same state and condition, as same was in -2- when turned over to Lessee. An inventory of all personal properties and equipment furnished by the City to Lessee is to be made at a later date and signed by Less" and the Airport Manager for the City, sass to set out a description of the property and equipment and the eonditiom Of such# it being understood a copy of same is to be attached to this 100,90 agreement and is to become a part thereof for all pertinent purposes. 11. Lessee agrees not to use said premises for any illegal cr immoral purposes and agrees to conform to all the laws of the State, the United States, and all rules sat out by the City Manager of the City of Corpus Christi, Texas. for the operation of the leased premises. 12. The less" shall not permit malt. vinous or alcoholic beverages in the demigod promises, and will not permit smoking in any place where such would be a fire hazard and will at all times display "Bo Smoking' signs whore designated by the Airport Manager or City Fire Departmentj I,esaes further agrees to paint, dope, store inflammable materials, weld, or carry on any activity that might be a fire hazard, only in those places designated by the City Fire Marshal. 13. The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said promises, 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 loans at his own expense. 14* Lessee is to have the Option to renew this lease at the ezpiration 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 terns and conditions of the "Revocable Permit" from the United States of America to the City, under which the City is operating Cuddihy Field. 15. The Lessee further agrees that in case of any default in any of the covsnanta and conditions of this lease, the City may enforce -3- the performance thereof in any modes or wanner provided by law, and may declare the lease forfeited at is discretion, and its 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 prejudice 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 tors at the best rent they may obtain, for "Count of the Lessee, who shall make goal any defioi=cyl 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 personal 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. lb. however, it is expressly understood and agreed by the Parties hereto, that this lease is subject to a "IlINVOCable Permits issued by the United States of America, by direction of the Chief of the eluresu of Yards and Hooka, acting under direction of the Secretary of the Navy, to the City of Corpus Christi, Texas, Permitting the use Of U- S. Naval 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 1,11 rights of the lesson are subject to the tsrms of said permit, and i# 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 any changes of the rights of the tosses, by virtue of any action taken by the "United States of America or their agents by virtue of aforesaid permit. 17. Lessee agtwes to man and lrsep harmless the said City of Carpus Christi, Texas, from any claims or damages of any nature whatsoever due to any us nos of Le8ee6 or his employees in the operation of the leased promises. . 4- Executed in duplicate this the day of March„ A. D. 1947• CITY OF CORPUS CHRISTI, TEAS By y go-OF ATTEST: ssee Eity reoretary APPROVED AS TO LEGAL FORM& City Attorney STATE OF TEXAS COUNTY OF E ECES BEFCRE ME, the undersigned authority, on this day personally appeared George Hlevins, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of March, A. D. 1947. Notary Public, in and for Aueces County, Texas. STATE OF T&W COUNTY OF EUSCES BEFORE ME, 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 subscribed to the fore- going instrument and acknowledged to me that he executed the as= for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said Cityi Given under my hand and seal of office, this the day of March, A. D. 1947. -5- Notary Public rn and for Nueoes Comty, Texas STATE OF TE M OOMY Of NURCEB This agroessnt side and entered into this the day at March. A. D. 1947, by and between the City of Carpus Christi, Tour, a =Anioipal corporation. hereinafter called "City" and T. W. Worthington or Num"s County. Taxes, hereinafter called "Lees ". W1TN888ETH The City of Corpus Christi, Tames, does by these presents lease and demise unto the said T. W. Worthington, Lasses, the following described premises, to-wits The building known as Enlisted lens# mass, same botng Building, So. 606 located at Cuddiby Field. in Nusees County, Taxos. for the term of one year, said lease beginning the LY day of March, A. D., 1947. and ending the lZday of March, 19481 the Loseee is to pay therefor the sus of Seven Hundred and Fifty Dollars ($750.00) per year, same to be paid annually in advance. subject to the following conditions and oovenants: I. That the Lass" shall par the rent in advance as aforesaid as the damn shall falidus. 2. It is understood and agreed that the leased promises ors to be used for the following purposes only, U-witu for warehouse and general storage purposes hoverer, it is understood that the articles, ccaeodities or property stored therein are to be non- inflam- mablo and of such a nature and stored in such a manner as not to create auk* fire hazard whatsoever. Losses further has the right to store fruits and vagetables in the aoolroora of suah warehouse. Said pro - mises an not to be used for wW other purpose than these herein specifiod unless consented to by the City in writing. j. lasses agrees not to sub -let the leased preaises or may portion thereof without the con ask* of the city in writing. 4. NO additions or alterations shall be made to the premises without the emsent of the City in writings and any and all improve- scents placed on said promises which are movable mar be moved by the Lasses at the expiration of this lease. 5. The Lessee agrees that he will take good care of the pMaerty sad its appurtenances, and suffer no waste, and shall keep the said promises in good repair at his own espouse, and at the and or other expiration of the term of this lease, shall deliver up the demised premises in good order and condition. as Name are now in, natural wear and tear and daso6o from the elements only excepted. b. The Lessse agrees to pay for all utilities used at the premises leased by him. 7- The City reserves the right to enter the said promises at aqy time during the existence of this lease for t!* purpose of inspecting the same in order to determine whether the terms of said lease are being observed and carried out. S. The prices charged for things sold on the premises by the Lessee shall at all times be reasonable, and not exorbitant, and comparable with prices oharged for the same articles at similar Places in the City of Corpus Christi. 9- The Lessee agrees to take good care of all movable equipment, fixtures and property of any nature, 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 oquipmant, fixtures said all property of any nature* in good order and condition, as,seas is now in, reasonable wear and tear only excepted. The Lesson further &groom to be responsible for may of such movable equipment, fixtures and property. and in avent memo or a part thereof is lost, stolen or destroyed, Lessee is to re- place said property, is its ease state and condition, &a sass was in when turned over to Lessee. An inventory of all personal properties and equipment furnished by the City to Lessee is to be made at a later data and signed by Leases and the Airport Manager for the City, same to set out a description of the property and Nquipment 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 partinent purposes. -2- 14. Laos** agrees not to use said premises for any illegal or immoral purposes and agrees to conform to all the laws of the State, 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 Losses shall not permit malt, vinous or aleeholie beverages 4n the demisod promissal and will not permit smoking in any place whore such would be a fire hazard and will at all times display "No Smoking" signs where designated by the Airport Manager or City Are Department; 12. The Imamate shall promptly execute and fulfill all the ordinance* of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Board of Health, Sanitary and Folio* Departments, for the correction, prevention and abatement of nuisances in, upon, or connected with said premises during the tam of this lease at his own expense. 13. 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 being understood that this option is sub - jsot to and contingent upon the terms and conditions of the "Revocable Permit" from the Baited States of America to the City, under which the City is operating, Cuddihy Field. 24. The Lessee further agrees that in case of any default in any of the covenants and conditions of this lease, the City mrLy en- force the performance thereof in a.ny modes or manner provided by lsx{ and may declare the lease 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 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, may resume possession of the promises and re -let the some for the remainder of the term at the best rent they MW ob- tain, for account of the Lessee, who shall make good any defioiencyl and the Lessor (the City) shall have a lien as Security for the rout -3- aforesaid, or any rent due and unpaid under said lease, upon all goods, wares, chattels, imploments, fixtures, furniture, tools and other per - zonal 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. 15. However, it in expressly understood and agreed by the parties hereto, that this lease is subjeot to a 'Revocable Permit" issued by the United b3tates of America, by direction of the Chief of the Bureau of Yards and Docks, acting under direction of the Secretary of the Navy, to the City of Corpus Christi. Texas, permitting the use of U. S. N&val Auxiliary ,Air Station, Cuddihy Field. Corpus Christi, Tomas, 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 damages of any nature, for any termination of this lease or any ohangos of the rights of the Lessee, by virtue of any motion taken by the United States of America or their agents by virtue of aforesaid permit. 16. Lessee agrees to save and keep harmless the said City of Corpus Christi, Texas, from any claims or danAgee of any nature whatsoever due to any negligence of Lessee or his employees in the Operation of the leased premises. Executed in duplicate this the day of March, A.D. 1947. City of Corpus Christi. Texas $Y ATTSSTs er City Seoretw7 Miles APPROVED AS TO LSAL FORUs city A gluey -4- STATE OF TFA S COUNTY OF NUbCE9 BEFORE ME the undersigned authority, on this day personally appeared T. 4. Worthington, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the sam for the purposes and consideration therein expressed. Given under M' hand and seal of office this the day of March, A. D. 1947- 10tary Public Ln add for Ruses County, Texas. STATE OF TFJA8 COUNTY OF NMES BL70RE X& the undersigned authority, on this day personally appeared Roderic Tt. Thomas, City Manager of the City of Corpus Christi, Texas, known 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 and deed of said City. i:iven under sy hand and seal of office this the _ day of March, A. D. 1947- o in and r9r Nueoes Couttty, Texas. STATE OF TEW COUNTY OF NURGES This agreement made and catered into this the _ day of Harsh, A. D. 19117, by end between. the City of Corpus Christi, Texas, a municipal corporation, ho:- einafter called "City" end Boys City, Incorporated, a corporation incorporated under the laws of the state of Texas, of l3ueces County, Texas, hereinafter called "Lessee ". W I T 1 9 5 S Z T R The City of Corpus Christi, Texas, does by these presents lease and demise unto the said days City, Inoorporated, a corporation incorporated under the laws of the State of Texas. Lessee, the following described premises, to -wit, The building known as Wave Barracks. same being Building No. 662 located at Cuddi1W Field in Weces County, Texas, for the term of one year. said lease beginning the day of March, A. D. 1947, and ending the daffy of March, A. D., 19481 the Lessee is to pay therefor the sum Of Nina Hundred and Sixty Dollars ($950.00) for a year, some to be paid in monthly installments Of $80.00 per month, said monthly installment to be paid each month in advance, the first to be paid on the first effective date of thin lease and a like installment on 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 *hall pay the rent in advance as aforesaid as the same shall fall dug. 2. It is understood and agreed that the leased premises A" to be used for the following purposes only. to -wits for Boys City. Said premises are not to be used for any other purpose than those herein specified unless consented to by the City in writing. 3. Lessee agrees not to sub -let the leased premises or any portion thereof, esospt as under the terms of this contract for the purposes set out, without the consent of the City in writing. e 4- No additions or alterations shall be made to the pre - =toes without the consent of the City in writings and any and all improvements placed on said promises which are movable may be moved by the Lease* at the expiration of this lease. 5. The Lessee agrees that he will take good core of the property end its appurtenano*s, and suffer no waste, and shall keep the said premises in good repair at his as expense, and at the and or other expiration of the term of this lease, shall deliver up the demised premises in hood order and condition, as some are now in, natural wear and tear and do-=&;a from the elements only excepted. 6. Ilia Lease@ agrees to pay for all utilities used at the promises leased uy }Diu. 7. The City reserves the right to enter the said premises at any time during the okatenos of this lease for the purpose of inspecting the same in order to dstsrwine whether the terms of said loose are being observed and carried out. 8. The Lessee "so to take good care of all movable equipment, fixtures and property of any nature, 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 caws, shall deliver to the City all of Such movable equipsent, fixtur*s and all property of azir nature, in good order and condition, as sams is Dow in, reasonable wear and tear only excepted. The L*ssse further agrees to be responsible for wW of such movable equipment, fixtures and property, and in event Dams or a part thereof is lost, stolen or destroyed, Leos** is to re- plaee said property, in its Sam* state and condition, as as=s was in when turned over to Lessee. An inventory of all personal properties and equipment furnished by the City to Losses is to be made at a later date and signed by Lanese and the Airport Manager for the City, same to vet 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 leas* agreement and is to baocma a part thereof for all pertinent purposes. g. lesson agrees not to use said premises for any illegal or immoral purposes and agrees to oonform to all the laws of the State, the United States, and all rules sat out by the City Manager Of the City of Corpus Christi, Texas, for the operation of the leased premises. 10. ne Lessee shall promptly execute and fulfill all the ordinanoes_of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Hoard of Health, Sanitary and Polioe iimpartment&, for the oorrection, prevention and abatement of auisanoes in, upon, or oonmsoted with said prominent during the term of this lease at nis own expense. 11. Lessee is tO nave the Option to reams this lease at the expiration thereof for such term and considerations as may be agreed upon by the City, it bein understood that this option is sub - ject to and contingent upon the terms and conditions of the "Revocable Permit* from the United ',tales of ?oorios to the City, under which the City is operating Cuddihy Field. 12. The Lessee further &grass 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 manner provided by law. and mqy declare the lease 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 deesed guilty of any manner of trespass and without prejudice to wW remedies for arrears of rent or breach of covenant, or the City, its agents or attorney, may resume possession of the premises and re -let the Rams for the remainder of the term at the beat rent they may ob- tain, for account of the Lessee, who shall make good any dsfioiancyj 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, ehattela, implements, fixtures, furniture, tools and other per- sonal property which are now located an 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. IN however, it is erfressly 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 of the Navy, to the City of Corpus Christi, Texas, permittint the use of U. S. !naval 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 ri&hts of the Lessee am subject to tho terms of said permit, and it is further &;,read that the City is not to be liable, in any manner, for damaGas of any nature, for any termination of this lease or any ehanCes of the rithts of the Lessee, by virtue of any action taken by the +nited :Mates of P,merica or their agents by virtue of aforesaid permit. 14. Lessee agrees to save and keep harmless the said city of Corpus Christi, Texas, from any claims or damages of any nature whatsoever due to any negli;erce of Lemaes or his employees in the operation of the leased premises. Executed in duplicate this the day of March, L. 1947. CITY OF CORPUS CHRISTI, TEXAS City Manager ATTBSTs Ciry e ry APPROVED AS TO LEGAL FORKS City Attorney BOYS CITY, INCORPCRATZD aN&L ATTESTs res ore STATE OF TEXAS COWTY OF SCSCES BEFOU 1[e, the undersigned authority, a Notary Public in aad for Nuecea County, Tens, ca this day personally appeared Aubrey Daly. ]mown to me to be the person whose name is subscribed to the fcregcing iastruaant and aalmsswledged to me that he executed the same as the aft and dead of Hogs City, inoorporated of Corpus Christi, Texas, and as the President thereof, and for the purposes and consider- ations therein expressed. Given under vq hand and seal of ortico this day of A. D. 1947. ary Y f, ueeee O., Texan STATE CF TERNS COUBTY OP NUICU klE ME Ms, the undersigned authority, om this dayy personally appeared Roderie B. Thomas, City Manager of the City of Carpus Christi, Texas, kman►n to me to be the person whose name is subscribed to the Paregoing instrument and acknowledged to me that he exeouted the same for the purposes and consideration therein expressed, in the capacity therein stated and ea the act and deed of said City. Given under sty head and goal of office this the day of , A. D. 1947. otary Pub M , Texas A RESOLUTION TO LEASE BUILDING No. 682, Nan BA85i n LOCATED AT CUDDIBY FIELD IN NUECES COUNTY, TEUS, 12CM THE CITY OF COP.PUS CHRISTI, TEIAS: WAER4W, 3mys City. Incorporated. devires to lease appropriate housing facilitiee to be used for Babrs Citya and r: 5, such ha=ing facilities are available amd can{ be leuad from the City of Corpus Christi, Texas NOW. MEREFORE, be it resolved that the President and Secretary in behalf of this corporation execute a good and valid lease from the City of Corpus Christi, Texas, covering the following described property, to -wit: The building known as Kav% 3arracks, sae bei4 Building bo. 56442 located at CWdihy Field in Nueces Couuty, Texas, said lease to be for the period of one (1) year and rentals on same to be Mate Hundred and Sixty Dollars ($960.00) annually payabU at the rate of 00.00 per month in advance and that the President and Secretary on behalf of the corporation sign, seal with the oorporato,,. seal, acknowledge to be the act of the corporation, said lease contract leasing said building; from the City of Corpus Christi, Texase S6CI TARY'S C° nTIF ICATMN OF RESOLUTION ADOMD AT BOAR D OF DIUCTMS METING OF BOYS CITY, INC., A PRIVATE CORKRATICW• I have compared the foregoing with a resolution adopted by the Board of Directors of soya City, Inc., at a regular meeting hold at the offices of said corporation, a quorum being present, on the day of . 1947. as recorded in the minute book of said corporations, on page thereof, and I hereby certify that the same is a t4la, correct and complete copy thereof, and that the same has not been altered, amended. rescinded or repealed and in now in full force and effect. Given under BW hand and seal of XWa City, Inc., this the day of , A. A. 1947• SEAL ors ' ' ' Subscribed and sworn to before me this the _ day of 1947- o Publia. snaoes dOUldy, Texas. STATL OF TEX16 COUNTY OF NUECBS This agreement made and entered into this the _ day of March, A. D. 1947, by and between the City of Corpus Christis Texas, a ssaaisipal oorporation, hereinafter called *City* and L. W. Ellison and H. R. Bainsberger of Nueva County. Texas, hereinafter called "Lassoes ". N I T N B S S P T H The City of Corpus Christi, Texas, does by these presents lease and demise unto the said L. W. Ellison and H. R. Savossberger, Lessees. the following described premises, to -wits The building known as the Officers, Club, same being Building No. 656 located at Cuddihy Field, in Nueces City, Texas, for the term of one year, said lease beginning the day of March. A. D. 1947, and ending the _ day of March, r. D. 19481 the Lessees are to pay therefor the sue of Five Hundred and Seventy Dollars (#570.00) for a year. seas to be paid in monthly installments of 347.50 per month, said monthly installawnts 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 sass day of each succeeding month thereafter during the term of said lease, subject to the following conditions and covenantas 1. That the lessess*hall pay the rent in advance as afore- said as the same shall fall due. 2. It is understood and agreed that the lagged premises are to be used for the following purposes only, to -witc for "Airmanolub" for dances, parties and social purposes. Said premises are not to be used for any other purpose than these herein specified unless consented to by the City in writing. 3. Lagsass agree;. not to sub -lot the legged premises or any portion thereof, except as under the terms of this oontr%ot far the purposes set out, without the consent of the City in writing. it. No additions or alterations shall be made to the pre- mises without the consent of the City in writings and amg and all improvements placed on said premises which are movable say be moved by the Lessees at the expiration of this lease. 5. The Lessees agree that they will take good care of the property and its appurtenances, and suffer no wants, and shall keep the said promises in good repair at their aawt expense, and at the end or other expiration of the term of this lease. shall deliver up the demigod premises in good order and condition,as same are now in, natural wear and tear and damage from the elements only excepted. 6. The Lessees agree to pay for all utilities used at the promises loosed by thou. 7. 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 same in order to determine whether the terms of said lease are being observed and carried out. 8, The prices charged for things sold on the promisee by the Lessees shall at all times be reasonable. and not exorbitant, and comparable with prices charged for the game articles at similar Places in the City of Corpus Christi. 9. The Lessees agree to Was good care of all movable equipment, fixtures and property of etay nature, furnished by the City, and will keep Sams in good repair at their own expenses 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 MW nature, in good order and conditions AS Same is now in, reasonable wear and tsar only excepted. The Lessees further agree to be responsible for any of such movable equipment, fixtures and property, and in event aaso or a part thereof is Icst, stolen or destroyed, Lessees are to re- plgee said property, in its same state end condition. as sang was in whom turned over to Iwssees. An inventory of all personal properties and equipment furnished by the City to Leasess is to be made at a later data and signed by Lessees and the Airport Manager for the City, same to sot out a description of the property and equipment mad the condition -2- 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 purposes. 10. L*aaees agree not to use said premises for any illegal or imoral purposes and agrese to conform to all the laws of the State, the United States, and all rules net out by the City Manager Of the City of Corpus Christi, Texas, for the operation of the leaned promises. 11. Leonean shall not permit or sell alcoholic liquors or whiskeys on the promises, but the sale of beer is permitted provided aesw is in accordance with the Federal and State laws governing seas. 12. The lessens shall promptly execute and fulfill all the ardinaaoe8 of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Board of Health, Sanitary and Folios 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. 13. Lessees 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. 14. The Leonean further agree that in 02,90 of any default in any of the covenants and oonditiona of this less*, the City, nay en- force the performance thereof in any modes or Banner provided by law. and may declare the lease 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 aqy manner of trespass and without prejudice to MW romadies for arrears of rent or breach of covenant, or the City, its agents or attorney, nay resume possession of the premises and re -let the same for the remainder of the term at the best rent they may ob- tain, for the account of the Uiseep who shall make good any deficiency, 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, -roe. 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 Lessees, which lien shall be sumulative Of the statutory lien orseted 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 "evocable 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 of the Navy, to the City of Corpus Christi, Texas, permitting the use Of U. S. 'Naval 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 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 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 permit. 16. Lessees agree to save and keep harmless the said City of Corpus Christi, Texas, from any claims or damages of any nature whatsoever due to any negligence of Lessees or their employees in the operation of the leased premises. Executed in duplicate this the day of March. A. D. 1947. CITY OF CORPUS CHRISTI, TUAS BY ATTESTS City Maaagsr city Q APPROVED AS TO LEGAL FM, Lessees Ciry A orney "+ti' STATE OF TEW COUNTY OF RUECES BEFORE ME, the undersigned authority, on this day personally appeared L. W. Ellison and B. R. Datuberger, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the Seim for the purposes and consideration therein expressed. Given under my hand and seal of office this the _ flay of March, A. D. 1947. o a in and or Nueces County, Texas STATE OF TEXAS COUNTY OF NURC$S BEFORE ME, the undersigned authority, on this day personally appeared Roderic B. Thomas, City ffanager of the City of Corpus Christi, Texas, known to me to be the person whose new is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the oapsoity therein stated and as the act and deed of said City. Given under nor hand and seal of office this the _ day of March, A. D. 1947- &L7 Public in and for Nueces Co., Texas. arm 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 '7" day of March, 1947. EPA? City of Corpus Christi, Texas ATTEST: Zz cre sry APPROVED AS TO LEGAL FORM: Ci 'Attorney � I Corpus Christi, Texas 1947 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS f384TT, For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative public necessity exist for the suspension of the Charter Rule requiring that no ordinance or resolution be passed finally on the date of its introduction, and that such ordinance or resolution shall be read at three several meetings of the City Council. I. therefore, hereby request that you suspend said Charter Rule or requirement, and pass said ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully MATCH eo 77- City of Corpus Christi, Texas The Charter Rule was suspended by the following vote: Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry The above ordinance was passed by the following vote, Wesley E. Seale r 440A- John Ferris George R. Clark, Jr. R. R. Henry