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
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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
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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