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HomeMy WebLinkAbout02055 ORD - 04/08/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF THE CITY, LEASE CONTRACTS COVERING THE NORTH CNEiHALF OF THE SOUTHEAST ONE -HALF OF HANGAR NO. 653, LOCATED AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS, TO ROGER L. GAULT AND APPROXIMATELY 165 ACRES OF LAND LOCATED BETWEEN RUNWAYS AND ADJOINING CONCRETE APRONS AT CUDDIRY FIELD, NUECES COUNTY, TEXAS, TO WAYNE WARD, AND DECLARING AN EMERGENCY. wHEXY,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 WHEREAS, the North one -half of the Southeast one -half of Hangar No. 653 and approximately 165 acres of land located between runways and adjoining concrete aprons at Cuddihy Field, Nueces County, Texas, 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 CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi be, and he is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi, contracts for the leasing of the North one -half of the Southeast one -half of Hangar No. 653 and' the appurtenances thereto, located at Cuddihy Field in Nueces County, Texas, to Roger L. Gault; and approximately 165 acres of land located between runways and adjoining concrete aprons at Cuddihy Field in Nueces County, Texas, to Wayne Ward, copies of which contracts are attached hereto and made a part hereof, and read as follows, to -wit: STATE OF TEXAS COTAITY Or, KU3=8 This agreement made and entered into this the day of :larch, A. V. 19W. by and between the City of "rpus Christi, Texas, a municipal corporation, hereinafter called City" and Roger 1. Gault, of Nusoes County, Texas. hereinafter termed "Leases ". CI I T N E 9 5 E: T it The City of Corpus Ghriati, Texan, does by these presents lease and demise unto the said Roger L. Gault* Lessee, the following described promises, to -vita N one -half of the SS one -half of itaangar No. 653, located at Cuddihy Field in Nueoes County, Texas. together with concrete aprons adjacent and adjoining thereto described as follows, Beginning at a point on the St side of said hangar said point being equal distance between the A end of said hangar and the NX, and of names Thence N 150 foot to corners Thence Sa lye foot to aorners Thence S 252 feet to corner$ f4lsnoe NA to the center dividing; line at the SS and of said hangar for the term of one year, &aid lease beginning the day of March. _.. D -, 1947, and ending the day of Yhroh, A. 1). 1948$ the Lessee is to pay therefor the sum of '410 thousand Sight hundred Dollars (.1,800.00) per year. ■ame to be paid in monthly installments of 4150.00, said monthly installments to be paid each month in ad- vanes, the first to be paid on the first etfeetivo date of the lease. and a like installme, on the sam& duy of soon succeeding month there- after during the term of said lease, subjeot to the following oonditions and covenantee 1. That the Lessee shall pay the rent in advance as afore- Said, as the same shall fall due. 2. It is understood and agreed that the leased premises are to be used for the following purposes only, to -wits for aircraft storage, sales, maintenance, operations, schools and similar aviation activities in connection with and pertinent to the above stated usage. Said premises are not to be used for any other purposes than these here- in apsoified, without the consent of the City in writing. 3. If Lease* engages in flying training, oharter service or operating commercially for hire, reward or profit, he agrees to pay to the City in addition to the annual rental of 11600.00 set out above, an operation charge which shall be paid as follower $150.00 for each six ==the period for one airplane] if second airplane is used, it may be operated free of extra charge to lessee; and $5.00 per month is to be charged for each additional airplane over two, the operational charges for the first plane to be paid each six months in advance] the charge of $5.GO per plane for each plane over two in number is to be paid monthly in advance. iH If the Lssue sells gasoline at leased promises in con- nection with use of same, than in such event Lessee agrees to pay the City the sum of two cents ($02) per gallon for the first five thousand (5-000) gallons of gasoline sold on the leased promised and one cent (S.01) per gallon for each eallott over five thousand gallons sold on the promises. saito to be payable on the 10th day of each month following the sals, during the term of this lease, it boin6 uuderstood that this rental based on the sale of gasoline is to be in addition to the rental charge heretofore mentioned in this agreement. 5• It is further understood and agreed that in the event a portion of the promises herein leased are sub - leased by the Lessee to be used as office space, then and in such event, the Lasses agrees to pay the City the sum of 10% of the S,ross amount received from such sub - lessee for the sub - less*, said amount to be in addition to the rentals hersiaabove set out. 6. Lessee agrees not to sub -let the leased promises or any portion thereof, except as under the terms of We contract for the purposes set out, without the consent of the City in writing. 7- No addition& or alterations ahall be made to the promi- sea without the consent of the City in 'writing= and it is expressly agreed that all permanent additions or alterations made for the Lesses shall become the property of the City. MM S. The lasses agrees that he will take good oars of the property and its appurtenances, and suffer no Baste, 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 promises in good order and condition, as same are now in, natural wear and tear and damage from the elements only excepted. 9. The Lessee agrees to pay for all utilities used at the promises leased by him. 10. It is further understood and agreed that the right of ingress and agrees is reserved by the Lessor (the City) heroin, for the use of its employees and the general public, to allow thee, to enter hangar Ito. 651 for the purpose of visitin& the office of the Airport Manager and the control tower. 11. The City reserves the right to enter the said promises at any time during the existence of thin lease for the purpose of inspecting the woes in order to determine whether the tongs of said lease are beint; observed and carried out. 12. The prices charged for things sold on the }promises by the Lassos shall at all times be reasonable. and riot exorbitant, and cozparable with prices oharged for the same articles at similar places in the City of Corpus Christi. 13. The Lessee agrees to take good care of all movable equipment, fixtures and property of any nature, furnished by the City, andvill keep same in good repair at his own expense, and at the ex- pirstion of the term of the lease for any cause, shall deliver to the City all of such movable equipment, fixtures, and all property of any nature, in good order and condition. as same is now in, reasonable wear and tear only excepted. The Lessee further agrees to be responsible for any of mush movable equipmient$ fixtures and property, and in event sass or a part thereof is lost, stolen or destroyed. Lessee is to re- place said property, in Its same state and condition, as seam was in -3- 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 siwned by Lessee and the Airport Sianagsr for the City, sams to set out a description of the property and equipment and the condition of such, it being understood a copy of ease is to be attached to this lease agreement and is to became a part thereof for all pertinent pur- poses. 14. Lessee further agrees that he and all his employees shall abide by all rules and re6ulatiors as set out by the Airport Manager anti uhs City of corpus Christi, and the said employees shall remain on the promises of the Losses at all times, unless their offioial duties require otherwise, and that they will use onL the toilets and washrooms designated for the Lessee and his employees. 15. The Lessee shall not permit malt, vinous or alcoholic beverages in the demised promisees and will not permit smoking in any place where such would be a fire hazard and will at all times display "No Smoking "signs where designated by the Airport Uanaiar or City Fire Departmentl lessee further agrees to paint, dopes store inflammable materials, weld. or carry on any activity that might be a fire hasard, only in those places designated by the City Fire VArshal. 16. The losses shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said pramisee. and all orders and requirements imposed by the board of Ho aiths Sanitary and Police repartment, for the correction# prevention and abatement of nuisances in, upon, or concocted with said promises during the term of this Isass at his own expense. 17. 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 Citys it being understood that this option is sub - Jest to and contingent upon the terms and conditions of the 'Revocable Permit" from the United States of 4merica to the City, under whioh the City is operating Cuddihy Field. l6, The Lessee further agrees that in case of any default in any of the covenants and conditions of this lease, the City may en- Some the performance thereof in any modes or manor provided by law, and my declare the lease forfeited at its discretion, and it, its agents or attorney slmll have the right, without further notice or demand, to re -enter and romays ail persons therefrom* without being; doomed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or the City, its & &exits or attorney, racy resume possession of the promises and re -let the same for the remainder of the term at the best rest they may ob- taro, for account of the leases, who shall maks good any deficiency) and the iassor (the City) shall have a lion as security for the rent aforesaid, or any rent due and unpaid under said lease, upon all goods, warns, chattels, implements, fixtures, furniture, tools and other par - sonal property wiaich are now located on said premises or which may be placed on said promises by the Lessee, which lien shall be oumulative of the statutory lien created by law and in addition thereto. 1). 1owever, it is expressly understood and agreed by the parties hereto, that thin lease is subject to a "Revocable Permit" issued by the United States of America, by direction of the +thief of the IhWesu of Yards and Docks. acting under direction of the Secretary of the Navy, to the City of Corpus Christi, Texas, permitting the use Of ti. S. Naval Auxiliary Air Station, Cuddihy Field, Corpus Christi, 'iexas, or a portion thereof, and said lease is oontin,;ent can such permit and the terms thereof, and all rights of the Issas* are subject to the terms of said permit, and it is further &&rood that the City is not to be liable, in any manner, for demages of any nature, for any termination or Chis lease or any changes of the rights of the Lessee, by virtue of MY action taken by the United States of Aaerioa or their agents by virtue of aforesaid permit, -5- 1947• fcecuted in duplicate this the day of March, A. D. CITY OF O PUS CHRISTI, TEXAS gY ATTEST: City Manager orry eoretary Neseq Ak,rIR.OVKD AS TO LEGAL FURMe My- A orney STATE UP TEXAS COUNTY OF NUSC &S VFW NE, the undersigned authority, on this day personally appeared Roger L. Gault. )mown to me to be the person whose name is sub- scribed to the foregoing instrument and aokaowledgeu to me that he executed the name for the purposes and consideration therein expressed. Oren under my hand and seal of office this the day of Sarah, D. 1 vj. otary Mlia in and for Vueaes County, Texas. STAN OF T ERAS COUNTY OF ?J1UECES 3S ORR !rL, the undersigned authority, on this day personally appeared Roderic S. Thomas, Uity Anager of the City of Corpus Christi, Texas, known to me to be the person whose name is suoscribed to the foregoing instrument and acknowledged to ma that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the sot and deed of said City. ,liven under nV nand and seal or office this the day of March, . D. 1,947. otary Public in mad for Nusees County,Texas. fwTATS tV TJ=3 CafINTY T, xuka- This a&reem nt made and entered into this the day oC April, A. D. 1947, by and between the City of Corpus Christi. Texas. a mmioipal corporation, hereinafter called "City" and Mayne Wad of Nuusoes County, Twain, hereinafter called "lessee ". V I T N L D S D T% The City of Corpus Christi, 'etas, does by these presents lease and demise unto the said '6'agyne i,;ard. Lessee, tho following, desaribed premises, to -witt Approzimately 165 acres of land located between rmwWa and adjoining concrete aprons at Cuddihy Pleld in Mueees County. Texes, for the term of one ,goer begimning reptember 1, 1947, and anding an September 1, 1946; the lassee is to pay therefor Vw sum of Eight Dollars ( *,O.CU) per acre per year, the total a;no*ant to be determined when tike lard is scaled. Upon the execution of this lease the loss" Is to pay for one hundred (100) acres of laud, or ",kw suss of Right lhuuired Collsrs (1800.00). and is to pay the remainder duo an said loaso uvrewwnt on or borore repteml)or 1, 191,'7. 'Att it is understood and agreed that if said Lessoe can raise a crop or crops on said land between now and December 1. 1947, Laos** agrees to pay the Lessor one - third (113) of the grain raised on said land and one fourth (114) of the cottons raised on said land, or the markst va ue thereof, as rentals In addition to the rental of right Dollars ($8.00) per aors as aroreaaid# subject to the follawixzg conditions and covenantss 1. That the Lessee shall pay the .rent in advance as afare- maid se as= shall fall dim. 2. It is understood and agreed that the leased promises are to be used for a6rioulturai purposes only. That presisee are not to be used for any other purpose than these herein specified unless consented to by the City in writinZ. 3. Ieesse agrees not to sub -let the l040ed promises or any portion thereof without the oonaent of the City in writing. 4. Lessee agrees to pay for asst' and all damages to arty utility lines or equipment located an said land which my be incurred by his frrminL or agricultural operations or to replace all of such Bass Injured or aeatrvysd as a result of his agricultural operations. j. -he losses �E as that he will take food can of the property and its appur'tenurees, axid suffer no waste, and shall 1wep the &aid prealues in goad repair at his own expense, and at the end or other expiration of thy: tern, of this lease, shall deliver up the demised promises in good order and condition, ac same aro nom in, natural wear awe: tear and aiaz:&6e iro:: the elei!%uits only excepted. b. The !,asses agress to pay for all utilities used at the premises leased by him. ?. The City rsssrves the ri6ht to enter the said promises at any time during the existence of this Ismse for the purpose of inspoatin_; the same in order to determine whether the terms of said lease are beiriL observed and carried out. 8. Lessee agrees not to use said ?remises for any illegal or iaimoral purposes and awes to conform to all the Jews of the Mate, the aalted ;"'tates, and ale rules sot out by the City },hnaor of the City of 11orpus aristi, Tex", for t o operation of the loased promises. q. The Lasses &hall not permit malt, vinous or alooholio bevera4;es in the demised preanissei and will not permit waking in cagy place where such would be .a fire hazard and will at all tin" display `No amaaki j;° sign where designated by the Airport Manager or City Firs Department. 10. The losses shall promptly execute and fulfill all the ordiusnoes of the city of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Board of health, Sanitary and Police Departmentas for the correction, prevention and abatec=t or nuisauaas in, upon, or connected with said promises during the term of this lease at his own expenses 11. Lossee is to have the option to renas tills Issas at the expiration thereof for suoh tames and considerations as may be -2- agreed upon by the City, it bein. unndsrstood that this option is sub- ject to and continLent upon this terisis and conditions of the "Revocable Permit" from the T.kdted Mates or Amsriaa to the City under which the City is operatin,,; Cuddihy Field. 12, The Lessee further agrees that in care of any default in any of the oovenants and conditions of this loans, the City may en- force the pergarmarwo thereof in any :codes or manner provided by lax, u4 may declare the lease forfeited at its disoretioN, and Its Its agents or attorney shall have the right, without further r.otios or demand, to re -enter and remove all perzans Vz° rofrcay wi'.:huut being deemed Luilty o£ anp mannsr of trespass and without prejudice to any remedies for arrears of rent or breach of covenant. or the City, its agsnts or attorney, noy resume possession of the premises and re -let the same for the remainder of the tern at the best rent thusr mays ob- fain, for the account of the Lessee, who shall make good any deficieneyf and the Tessar (the City) shall have a lien as Security for the rent aforesaid, or aW rent due and unpaid under said lease, upon all crops, goods, wares, chattels. implemants, fixtures, funUturs, tools and other personal property which are now loosted on said premises or which ms,y be placed on said premises by the Lessee, which lion shall be oum- lative of the statutory lion created by Ism end in addition thereto. 13. However, it is expreenly understood and agreed by the parties hereto, that this .lease is subject to a "Ravocable Permit" Issued by the thited 'tates of o eri.oa, by direction of the Chief of the Bureau of 'bards end !,oaks, actin, wador direction of the Secretary of the Nagy, to t'ne City of Corpus Christi, Texas, permittirGG the use of U. '. Naval '=ili.ary Air Station, C2uddi1W "field, Corpus Christi. Texas, or a portion thereof, and said lease is oonAn6ent eu such permit and the terms thereof, and all rights of the Lessee are subject to the terms of said permit, and it is further afreed that tho City is not to be liable, in aqy manner for damages of any nature, for any tsrmiratioan of this lease or sxV changes of the rights of the Lessee, by virtue of sny action taken tk the United States or America or their agents by virtue of aforesaid permit, -3- lda. Lessee aLress to save and keep harvaess the said City of Corpus Christi, texas, Tram =w claim or dazwii;us of &W nature whatsoever duo to any i:o4libanoe or Losses or his amployeas in the operation of the leased prenisos. };eouted in duplicate this the _ day of April, '.D. 1947* C!•PY , ' Cckxwus C n STI, ms ATT'%82's t$' City " sr City rotary AikROVhv A6 TO 1;&G" FORNt losses G;97, STATE. OF TEXAS COUNTY OF WJECBS Bel'v m 'ids, the uedersiped authority, an this day personally appeared ftyne 'ard, known to me to be the person whose nowe is subo, scribed to the foregoing instrument and aoknoeledLed to � that he exanutod the same for the purpmas and oonsidaration therein expressed. Given under my hand and seal of office this the ^� day of April, A. D. 19147. Notary Public in and for rueoss County, Texas. STATZ OF' TUAS COUNTY OF NUE:CAIS BFI- -ORE r-3, the uAdersiowd authority, on this day personally appeared Roderic A. Thomas, City Manager of the City of Corpus Christi, Texas. Imam to me to be the person whose name is subscribed to the foregoing instrument and acknowledUed to = that he executed the saga for the purposes and consideratior therein expressed, in the capacity therein stated " as the act wad deed of said city. Given under wry hand srd seal of office this the � Gay of April, , . D- 1947• Notary PublIa In and for woos County, Tows. is SECTION 2. The necessity for establishing air facilities at Cuddihy Field and the necessity for receiving revenue to be used for the upkeep of said field, creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Gharter 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 day of April, A. D. 1947. 7:� _srL— City of Corpus Christi, Texas. ATTEST: City Secretary 7 APPROVED AS TO LEGAL FORh:: City t orney Corpus Christi, Texas April �_, 1947 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, YOR City of Corpus Christi, Texas. The Charter rule was suspended by the following votes Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry Joe Dawson " The above ordinance was passed by the following vote: Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry Joe Dawson ""'Z