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HomeMy WebLinkAbout02048 ORD - 03/18/1947AN ORDINANCE --e® 'If AUTHORIZING ADD DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EY.ECUTE FOR AND 01; BEHALF OF THE CITY, LEASE CONTRACTS COVERING BUILDING NO. 613 LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, TO WII{E GLASSCOCK, JR. AND DON A. GLASSCOCK, d/b/a CUDDIHY ENT0PRISES; AND BUILDING NO. 669 LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, TO W. S. T!OFFETT, H. C. FELLA ARID H. D. CRA'U7FORD, AND DECLARING AN EMRGENCY. ifHER &AS, 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 I9THEREAS, Building No. 613 and Building No. 6613 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS - ,-MTSTI, 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. 613 and the appurtenances thereto, located at Cuddihy Field in Nueces County, Texas, to Mike Glasscock, Jr. and Don A. Glasscock, d/b/a Cuddihy Enterprises; and Building No. 669 and the appurtenances thereto, located at Cuddihy Field, Nueces County, Texas, to W- S. Moffett, H. C. Pella and H. D. Crawford, copies of which con- tracts are attached hereto and made a part hereof, and read as follows, to -wit: _, � D /g - 9TTATFS OF TsxeS drat ay Xmas This agreement marls and entered into this the der of March. A. D. 1947. by and beteesws the City of Corpus Christi.. Twee. a manicipal ccrporatioa, hereinafter called #City" and Bile Classoock, Jr. and Dan A. Glasscock. ck/b%a Cuddiby enterprises of Musees County. Texaco hereinafter called "lessees ~. 4 1 T I X 8 S B T H The City of Corpus Christi. Texas. does by those presents leasa and demise unto the said Inks Class000k, Jr. and D= A. Glasscock, d,/b %a CuddUW tnterprlxss# Lomas, the follovin& doveribod premises, tome it: The building known as Ships' Service, sets being Wilding So. 613 located at CuddUW Field in Nu ores ftmty, Texas, for the term of one year. said lease ba &ismiag the day of March, A. U. Zs47• and ending the day of wroh, A. L. ig shs the L less are to pay therefor the OUM Of TOO 4aOUMA Four htmd rd Dollars (92s400.00) annually. some to be paid in monthly install-ants of 4200.00 per month, said monthly installments to be paid each month in advanoo, the first to be paid an the first effective data of this I*"* and a lilts installment on the same day of each sucossdins; mawni}n thereafter during the term of said lease, subject to the follouing annditiou and covexaants e 1. That the Lsssas shall pay the rent in advwnos as store— said as the same shall :fall due. 2. It is understood and agreed that the leased promises are to be used for the following purposes only, to -wits bowling. billiards, pool room, cafe, grocery stare, drug store, laundry and pressing pickup station, beauty shop and barber shop. Said promises are not to be used for any other purpose than those herein specified unless eanseated to by the City in writing. 3. Lassoes agree not to sub -let the leased premises or alp portion thereof 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 any and all improvements plsoed on said premises which are movable say be moved by the iesseee 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 waste, and shall )Deep the said promises in good repair at their own expense, and at the end or other expiration of the Corm of this lease, skull deliver up the domised premises in good order and condition, as saves are now in, natural wear and tear and damage from t1w ole_ -a is only excepted. 6. Vio Lessees agree to pay for all utilities used at the premises leased by them. 7. Tice City reserves the right to enter the said promises at any time during the existence of this lease for the purpose of inspecting tha 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 promises by the Lassoes 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. g. The lassoes agree to tabs good care of all movable equipment, fixtures and property of any r:ature, furnished b„• the City, and will keep came in good repair at their own expense, and at the ex- piration of the term of the lease for any cause, shall deliver to the City all of auch movable equipment, fixtures and all property of %W raturo, in good order and condition, as same is now in, reasonable wear and tear only excepted. The Lessees further agree to be responsible for any of such movable equipment, fixtures and property, and in event same or a part thereof is lost, stolen or destroyed, Lessees are to re- place said property, in its ease state and condition, as same was in -2- when turned over to Lessees. An inventory of all personal properties and equipment furnished by the City to Lessees is to be made at a later date and sigAed by Lessees and the Airport SlanaGer for the City, same to set out a description of the property and equipment and the condition of such. it being; understood a copy of same is to be attached to this lease abreemeut and is to become a part thereof for all pertinent purposes. 10. Lessees agree not to use said premises for any illegal or irmoral purposes and agree 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 promisee. 11. Lessee shall not pans6t or sell alcoholic liquors or whiskeys on the premises, but the sale oP beer is permitted provided same is in saoordanos with the Federal and State laws g;ovoriiing same. 12. The Imssees shall promptly o=oute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the hoard of cwalth, Sanitary and Police Lopartments, for the correction, prevention and abatement of nuisances in, upon, or oonreeted with said premises during the term of this less@ 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 oy the City. it being; understood that this option is sub- ject to and cortltfient upon the teams and conditions of the "Revocable P'srmit" from the United States of Awrioa to the City, under whlch the City is operating Cuddihy Field. " The Lessees aurtht,r agree that in case of any default in any of the covenants and oonditions of this lease. the City may en- force the performance thereof in coy modes or manner provided by law, and may declare the lease forfeited at its discretion, and its its agents or attorney shall have the right, without further notice or demand, to reenter and remove all persons therefrom@ without being deemed guilty of any manner of trespass and without prejudice to any -3- rules for arrears of rent or breach of covenant, or the City, its agents or attorney, my resume possession of the presbisss and re —let the same for the remainder of the term at the beat rent they may ob- tain, for the account of the Lease.&, who shall sake good any deficiency, and the Lessor (the City) shall have a lion &s Security for the rent aforesaid, or any rent dus and unpaid under said lease, upon all goods, wares, chattels, implsnonts, _fixtures, furniture, tools and other per- sonal property which are now located on said promises or which may be placed can said premises by the lessees, which lien 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 Permits issued by the United State& of America. by direction of the Chief of the Bureau of Yards and Flocks, acting, border direction of the , ocrstary of the Navy, to the City of ::orpua Christi, 'Zoxas, peruittin6 the use of L,. 2daval .uxiliary ;?ir Station.. L"uddihy Fiold, Gorpua Christi, TwAs, or a portion thereof, and said lease is contin ant on such permit and the terms thsrsof, and all rights of the Lassoes are subject to the tern& of said pernLt, and it is further +&rood that 'tiva City is not to be liable, in acy manner, for damages of nay nature, for oM termination of this lease or any changes of the rights of the Lessees, by virtue of &W action taken by the United states or '&,erica 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 damagea of any nature whatsoever due to any na,611 ence of Lessees or their employees in the operation of the leased premises. Executed in duplicate this the day of :;`eroh, '.D. 1947. CITY OF CG1PFUS CTMISTZ, TUXAS A'1'TSs ST : Ry city I r city aOOMa y APPROVED AS TO LNG.AL NORM# esees y A; awry 1+- STATE OF TEXAS eTMTY OF NU^C?S et MB ME, the undersiGned authority. on this day personally appeared Film Class000k, Jr. and ton A. Glasscock, kn*M to me to be the persons whoa* names are subscribed to the foragoinC instrument and acknowledged to to that they executed the same for the purposes and consideration herein expressed. Given under s6' hand and seal of office ttiat the dsyy of March, A. G'. 191t1. o o in an for Nueess County, 'Texas. STWTE OF WAS COUNTY OF NURCES BEFUn YE:, the undersipaad authority, on this day personally appeared Roderic b. T'hwas, City VanaEer of tim pity of corpus Christi, Texas, known to me to be the person mhos name is subscribed to the foreGoinw instrument and acinosledaed to me thrit im executed the same for the purposes and consideration therein expressed, in the oapwity therein stated and as the acs and deed of said City. Given under my hand and seal Of office this the day of March, A. I. 190- —5— Notary Public In and for s County, Texas. STATE OF TEXAS COUNTY OF NUSCES This aGreement made and entered into this the day of Urch, A, u. 1947, by and between the City of Corpus Christi, texas, a municipal corporation, hereinafter called "City" and W. S. Moffett. H. & polls, and H. D. Crawford of tbusoes County, Tex", hereinafter called "Lessees ". _.ITN S S E E T$ The City of Corpus Christi, Texas, does by these presents lease and demise unto the said w. S. 11offett, A. C. fella and i. D. Crawford. Lessees, the followinL, described premises, to -cite The grand stand or baseball park being Building &%9located at Cuddihy Field in Nueoss County, Texas, for the term of one year. said lease be Laing the dsy of Varch. A. D. 1J9+7, and ending; the _ day of '?arch, A. D. 19461 the Lessees are to pay therefor the ai7fib of Two Hundred and Forty ;'411ars (;2140.00) for a year, saws to be paid in monthly installments of 320.00 per month, said monthly installments to be paid each month in advance, the first to be paid on the first effective date of this leans and a like installment on tkw same day of each succeeding month thereafter during the term of said lease, subject to the following, conditions and covenantal 1. That the issseas shall pay the rent in advance as afore- said as the same shall fall due. 2. It is understood and abreed that the leased premises are to be used for the following purposes only, to -wit: for baseball park and related sport activities. Said promises are not to be used for any other purpose than these herein specified unless consented to by the City in writing. 3. Leases& agree not to sub -let the leased promises or any portion tbureof, without the consent of the City in writing. 4. No additions or alterations shall be made to the pro- mises without the consent of the City in writings and any and all improvements placed an said promises which are movable may be moved by the Lessees at the expiration of this lenae. 5. The lessees agree that they will trice good care of the property and its appurtenances, and suffer no waste, and shall keep the said promises in ;rood repair at their own expense, and at the end or other expiration of the term of this lease, shall deliver up the domisod premises in ;ood order and condition, as same are now in, natural wear and tear and damage from the elements only excepted. 6. Lassoes aj;ree to maintain and keep up the promises all durin{; the year in Good conditions as some are now in. 7. TI* Lessees agree to pay for all utilities used at the promises leased by them. a. The City reserves the right to enter the said premises at any time during the existence of this lease for the purpose d inspecting thu sane in order to determine whether the terme of said loss* are being observed and carried out. 90 Leaseesie^e tc hM the right to a oowessi(m stand for the sale of soft drinks and confections. 10. The prices charged for things sold on the premises by the Lessees Shall at all tines be reasonable, and not exorbitant, and comparable with prices charged for the sera articles at similar places in the City of Corpus Christi. 11. The Lessees agree 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 their awn expense, and at the ex- piration of the term of the lease for any cause, shall deliver to the City all of such movable equipment, fLAures and all ' property of any nature, in good order and condition, as same is now i, reasonable wear and tear e>r11y excepted. The Lessees further agree to be responsible for any of such movable equipment, fixtures and property, and in event same or a part thereof is lost, stolen or destroyed, lassoes are to re- place said property, in its sane state and condition, as same was in -2- when turned over to Lossess. An inventory of all personal properties and equipment furnished by the City to Lessees is to be made at a later date and signed by Lessees and the Airport Manager for the City, same to set out a description of the property and equipment and the condition of such, it bolo& understood a copy, of some is to be attached to this lease aeresmant and is to become a part thereof for all pertinent purposes. 12. lessess agree not to use said promises for &zW illegal or immoral purposes and agree to conform to all the laws of the State, the United ;tates, end all rules set out by the City ''.'auager of the City of Corpus Christi, Texas, for the operation of the leased premises. 13. The Lessees shall not permit malt, vinous or alcoholic boverat,es in the demised promises; end will not permit amokin6 in any place where such would be a fire hazard and will at all times display "No SwkinZ" signs where designated by the airport tl'ariaayor or City Fire repartment. " The ),assess shall promptly ezecate and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Board of i]oalth. Sanitary and :office ropart;lents, for the corrections prevention and abatement of nuisances in, upon, or connected with said premises during the term of this lease at their own ex ense. 15. Lossess are to have the option to renew this lease at the expiration thereof for such terms and considerations as may he agreed upon by the City, it being understood that this option is sub - jeot to and contingent upon the terms and conditions of the "PAvocable Permit" from the United states of ?merioa to the City, under which the City is operating Cuddi ;y Field. lb. The Lessees further agree 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 Iwo and may declare the lease forfeited at its discretion, and its its agents or attorney shall have the right, without further notice -3- or demand, to re -eater and remove all persons therefrom, without being deemed guilty of any msnwr of trespass and without prejudice to mW remedies for arrears of rant or breach of covenant, or the City, its agents or attorney, may reeLva possession of the premises and re -let the as= for the remainder of the term at the best reset they may ob- tain, for the account of the Lessees, who anall malm good any deficiency; and the Lessor (the City) shall have a lien as 5eoarity for the rent aforesaid, or any rent due and unpaid" under said lease, upon all oods, warea, chattela, implamente, fixtures, furniture, tools and other per - sa¢ial :property which are now located an saki promises or which may be placed on said promises by the Lessees, which liera shall be cumulative of the statutory lien created by law and in addition thereto. 17- Rawaver, it is expressly understood and agreed by the parties hereto, that this lease is subject to a "Revocable Hermit" Issued by the united states of LTarica, by direction of the Chief of the Bureau of Yards and Docks, actin, under direction of the SecretW7 of the FFavy. to the City of Corpus Christi, Texas, permittinc the use of U. S. Navel ..auxiliary Air Station, CuddikW Yield, Corpus Christi, Texas, or a portion thereof, and said lease is continent 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 &heed that the City is not to be liable, in any msnuer, for daaa6es of any nature, for wW terminations of this lease or any changes of the rights of the Loanses. by virtue of say action taken by the ULated :'tates of merica, or their agents by virtue of aforesaid permit. 18. Lessees agree to says and keep harmless the said City of Corpus Christi, Texas, from any claims or dsma,gee of any nature whatsoever due to any aeLligenoe of Lessees or their employees in the operation of the leased promises. Executed in duplicate this the day of March, A.D. 1917. CITY OF CORPUS Ca- ISTI, TEXAS ATTFSTs City �wra ager APPRMD AS TO L,, GAL FMMs City Attorney sees 1^70'r ir,-, the undersigned authority, on this dmy porsonally C. Walla, and 7, 7, (,Mrord, known to Me to be the persons whose nk-,qes are subsurD od to the forezolnZ Immtrtm-Ont azid aolmowledi;ad to * that they executed the see for the purposes -nd consideration thamin expressed. "i'lar under -rr hand and meal of offloe t*,,.,I.s the _ day of I!arah, A. 19. 19147. STATE Of., 711)"Is COUNTY OP RUECES .o ,f -"a M and 7= M—ebem I � ouc may. Tomma. 'S. the arAersigod authors j, cu this elay personsIV appeared Rodaric :3. ;'I'lorzas, ?n cm , ti, , 'Aty of Corpja Christi. 1=44. known to me to be the parson whose name is subscribed to the fOregoin.;r instruinnt =d moknowledi;ed to m, thSt he executed the same for tlia r-twposes and 001ISIderatIon therein az reased, in the espeLcity therein stated and as the 4LCt and dead of said City* riven wider nW hand and Beal of office this the _ day of Maroh. A. D. 1947. Kotary PublIc in and ?or ?-,'u93;s Gotulty. Texas. SGCTIOY 2. The necessity for establishing air facilities at Cuddihy Field and the necessity for receivin& revenue to be used for the upkeep of said field, creates a public emergency and public imper- ative necessity requirinL 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, ana raving 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 AC(,'ORDI1,7GLY 65 JEWAINgD. PASSED IUD AI'PiZvVF'D this day of I.`arch, 1917. City of Corpus Christi, Texas. ATTEST. City Secretary AiYRUTED S To L'f(,AL Y CIdlo ity Attorney Corpus Christi, Texas March -1-L, 1947 TO 'TH:,,' R'21BERS 01' 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 mcetin�s 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, n' w 0 n CITY OF CORPUS C1:S {IS'TI, TEY-U. The Charter rule was suspended by the following vote; 6'lesle�, E. Seale John A. Ferris George R. Clark, Jr. G/= R. R. Henry The above ordinance was passed by the following vote.. rdesley R. Seale John A. Ferris George R. Clark, Jr. R. R. Henry a614r