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HomeMy WebLinkAbout02065 ORD - 04/22/1947AN ORDINANCE —!o AUTiDRIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CARPUS CHRISTI, TEXAS TO EXECUTE_, FOR AND ON BEHALF OF TEE CITY A'OONTRACT OF IEASE 'PITH THE UNITED STATES OF AMERICA FOR THE LEASING OF A FORTION OF CUDDIHY FIELD IN NUECES COUNTY, TEXAS, AND DECLARING AN EMERGENCY. 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, Texas, be and he is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi, Texas, s lease contract with the United States of America for -lease of a certain portion of the United States Naval Auxiliary Air,.Station, Cuddihy Field, Nueces County, Texas. A copy of such, loo ract is attached hereto and made a part hereof and reads as follows, to -wit: "� C65 LEASE OF NAVAL AIRFIELD THIS LEASE, made between THE UNITED STATES OF AMERICA, represented by the Chief of the Bureau of Yards and Docks, acting under the direction of the secretary of the Navy, hereinafter called the Government, and the City of Corpus Christi, located in the County of Nusces, State of Texan, hereinafter called the Lessee: WITMR33ET'H: WHEREAS, the Government is the owner of or is in lawful possession of certain lands situated in the County of Nueces, State of Texas, upon which it has developed and operated an air- field and facilities for the activities of the United States Naval Auxiliary Air Station, Cuddihy Field; and, WHEREAS, because of its strategic value, it is considered essential that the said airfield and facilities, comprising the said United states Naval Auxiliary Air station, be retained for possible post -war use in connection with Naval Aviation activi- ties; and, WHEREAS, during such period, the Government desires to make the airfield and the facilities thereon available to such public agency as may be interested in its use and occupancy; and, WHEREAS, use by a public agency of the airfield and facili- ties will in no wise be detrimental to the activities of the Navy Department, but is deemed to be in the interest of the Government; and, WMBAB, application has been made by the above - mentioned Lessee for the temporary use and occupancy of said airfield and - 1 - the facilities thereon in connection with its educational program and for such purposes as iay be deemed by the Governawat as being in the interest of the National Welfare; and, WHMURAS, the United States of America by proceedings in condemnation, filed in the District Court of the United States for the Southern District of Texas, Corpus Christi Division entitled, united States of America v. 1741.81 acres of land, more or less, situated in Nueces County, Texas, and Lamar Fold&; Willie Iaensee Fisoher; et al - Civil Action No. 97, acquired the fee simple title to certain lands for the development and operation of two airfields together with their complementary facilities and used in connection with the activities of the U. S. Naval Training Sages, Corpus Christi, Texas; and, WjUWMAS, under the above referred to acquisition 802.90 1 acres of said land with the facilities thereon situated have been designated and operated as the U. S. Naval Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas; and, VMMEAS, it has been determined by the Navy Department that a portion of the aforementioned Naval Auxiliary Air Station and the facilities and/or structures situated on a portion thereof are in excess of the Government's present needs; and, WMMZAS, it is the desire of the Navy Department that a portion of this area and a portion of the facilities and struc- tures be made available for the temporary use of the City of Corpus Christi, Texas; NOW TIC Mn, in consideration of the foregoing and of the covenants and agreements hereinafter mentioned, the Government does hereby grant,lease, and demise unto the Lessee, to be occupied and used in connection with its educational program, - 2 - and for such other purposes as may be approved by the Government as being in the interest of the National Welfare, the use of that certain tract of land, together with the improvements and install &• tions thereon and appurtenances thereto belonging, enumerated and described in map of premises and installations of the Naval Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas, entitled Exhibit "A ", Part I, attached hereto and made a part hereof. There is specifically excepted therefrom the areas shown on Exhibit "A" and outlined in red on Exhibit "A ", together with all of the appurtenances thereunto apportaining, including egress and ingress to said areas over all roadways and walks. TO HAVE AND TO HOLD the demised premises for the term Commencing on the /jQJ day of �l% , 1947, and ending on the 14M day of fj7v,P %, 1948, unless sooner terminated as hereinafter provided and subject to the following conditions and covenantsi 1. As above provided, the Government specifically reserves the two areas shown on the attached Exhibit "A" and outlined in red, together with all improvements and utilities therein situated and free right of egress and ingress to said two areas over any and all roads or walkways situated on the entire premises. In addition to said two areas, the Government also excepts and reserves for its own exclusive use, bay #2 of Building 601 - Storehouse. In connection with the reservation herein made, it is mutually agreed between the Lessee and the Government that: (a) Lessee agrees to handle and dispose of all raw sewage emanating from the premises reserved by Losses. (b) Specific attention is invited to that certain contract between the government and Lessee whereby Lessee furnishes all water heretofore, and presently used by the Government in connection with the operation of Naval - 3 - Auxiliary Air Station, Cuddihy Field, and in this connection, Lessee agrees to install special water motors to the areas reserved by the Government and to bill the Government under its existing water contract for the water consumed in the reserved areas. (c) Lessee agrees to cooperate with the Government to the end that all other utilities used on said premises shall be isolated out so that all utilities consumed in the areas reserved by the Government shall be separate and apart from the utilities consumed by Lessee. 2. This lease shall be deemed renewed from year to year upon the same terns and conditions as are heroin specified, unless terminated by the Government as herein provided, or unless the Lessee shall send written notice to the Government not less than thirty (30) days before the expiration of the term hereof or any renewal term of its intention not to renew the lease, provided that no renewal shall extend the term of this lease beyond five years from the beginning date hereof. It is agreed, however, that the limitations of the extension of the term of this lease to a period of five years may be changed to provide for an extension for a period of twenty years in the event that both parties shall agree in the future that such is necessary and shall so signify their consent through a supplemental agree- ment to this lease. 3. The Lessee, in consideration of the leasing of the aforesaid premises, does hereby covenant and agree with the Government, that the annual rental for the occupancy and use of the demised premises shall be the sun of one ( #1.00) dollar, per annum, payable in advance to the Chief of Naval Air Basic Training, Naval Air Station, Corpus Christi, Texas, Attentions - 4 - Disbursing Officer. It is understood by the Lessee, however, that the Government reserves unto itself the right to require the Lessee, at any time during the term of this lease or any renewal term, to pay additional rental for the demised premises, if and when, in the discretion of the Government, the payment of additional rental is justified, provided, however, that it is not the intention of this provision to deny unto the Lessee the right to earn or derive a reasonable profit through its use of the premises and facilities herein demised. 4. The Lessee, as a part of the consideration hereof, shall maintain and keep in good and serviceable condition and repair, the airfield, including the runways, landing mats, taxi strips and parking aprons, as well as all of the property enumerated in Exhibit "A ", Part 1, so as to adequately and properly protect the Government and its property from loss or damage, with the exception of the facilities reserved by the Government. All costs and expenses incurred and paid by the Lessee in maintaining the said premises shall be borne by the Lessee. The Lessee will maintain and keep the demised premises in a clean, safe and healthful condition according to any applicable Federal or State Laws and municipal ordinances, and comply with all lawful directives by proper public officials in respect thereto during the term of this lease or any renewal thereof. Upon the expiration of this lease or earlier termina- tion thereof, the Lessee will deliver up and surrender the demised premises to the Government in as good order, condition and repair as the demised premises were in at the beginning of the term of this lease, damage by flood, incendiaries, acts of God or of the public enemy, the elements, structural defects, - 5 - ordinary wear, tear and deterioration and other *&uses beyond the Lessee's contror__l excepted. No property covered by this document shall be removed from the premises. 5. The Lessee has examined and knovs the condition of the demised premises as of the date hereof. It is understood by the Lessee that the said premises are leased as they are and the Lessee aaknovledges that no agreement or promise to decorate, alter, repair or improve said premises, either before or after the execution of this lease, not contained herein, has been made, and that no representations as to the condition and repair thereof have been made by the Government prior to or at the time of the execution or this lease that are not herein expressed. Nothing herein contained shall be deemed to imply any obligation on the part of the 0overnment to furnish the Lessee with any utility services vhatsoever, it being expressly understood and agreed that the Lessee shall obtain such services at the Lessees sole cost and expense and the Lessee shall pay, in addition to the rent above specified, all eater rates or rents and all charges for gas, electric light and pover. 6. The Lessee shall, during the term of this lease, or any removal thereof, have the right to make alteratlous,attach fixtures and ereot additions, temporary structures or signs in and upon the premises hereby leased; provided, hovever, that no structural alterations or additions shall be made by the Lessee except by vritten consent of the dovermsent or its local repre- sent &tire. The Lessee shall have the further right, during the term of this lease or any such removal, to install equipment, fixtures and other property ovned by the Lessee. The title to all of such property installed in or constructed upon the demised premises by the Lessee shall remain in the Lessee, shall be kept - 6 - free of mmechsaios' liens or other encumbrances, and may be removed by the Lessee upon the expiration of this lease or immediately upon the earlier termination thereof. In the event of the failure of the Lessee so to remove its fixtures, additions, temporary structures or other property, the Government nay remove the same from the demised premises and charge the Lessee with the cost thereof and without liability to the Lessee for any damage to the Lessee's property by reason of the removal or disposition thereof. 7. The Lessee agrees that, continuously during the term Of this lease, or any renewal term, the airfield and the facili- ties thereon will be used in furtherance of its educational program and for such other activities ae may be approved by the Government as being in the interest of the ;National Welfare. The Lessee further agrees that the airfield and facilities will at all times be operated for the benefit of the public, on reasonable terms and without unjust discrimination and Without any grant or exercise of any exclusive right for the use of the airfield or any of the facilities thereon. The Lessee agrees that it will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform all of the covenants and agreements herein made, unless by such transaction the obligation to perform such covenants and agreements is assumed by another public agency. The Lessee in connection with the operation of the facilities covered by this lease, shall comply with all rules and regulations of the Navy Department as are issued Lo the Lessee. In order that every possible use may be made of the devised premises in the interest of the public, the airfield and the facilities thereon may be utilized for such activities as may be approved by the Government as being in the interest of the National Welfare. - 7 - 8. The Lessee shall have the right to provide through concessions, operational or management agreements, permits or licenses for the operation of any business or enterprise. She Lessee agrees that it will not authorize the use or occupancy of any part or portion of the demised premises or any facility or installation thereon, by any third party whatsoever, unless such use and occupancy is evidenced by some instrument, in writing, and signed by such third party. The Lessee agrees that it will not execute any license, permit operational or management agree- ment, or any other instrument affecting the demised premises, or any portion or facility thereof or interest therein to accomplish such purposes, unless thirty (30) days notice of its intention so to do, in writing, has been received by the Chief of the Bureau of Yards and mocks, Navy Department, Washington, District of Columbia, and the representative of the Government herein named, provided, however, that all contracts or sub - leases which Losses herein has heretofore made, after the date of the Revocable Permit issued to the Lessee of date January 20, 1947, are hereby ratified, and as to such contracts and sub - leases, Lessee will not be required to comply with provisions not forth in this paragraph. A copy of the instrument in question shall be attached to such notice for the approval and consent of the Chief of the Bureau of Yards and Docks. The said instrument shall state the date upon which it vill be executed. After such execution properly authenticated copies of all such instruments shall be furnished the Chief of the Bureau of Yards and Docks and the said repre- sentative of the Government. 9. The Lessee or any party to an operational or management agreement with the Lessee, shall keep upon the demised premises, records and books of account which shall show all revenues received in, on, or from the demised promises, together with all expenditures for costs and expenses incurred in Connection with the operation and maintenance of the said premises. The .method of accounting shall be subject to the approval of the representative of the Government hereinafter named, but no material change need be made in any system of accounting adopted by the Lessee or party to any operational or management agreement, so long as such system reflects accurately, and in detail, the matters and things herein enumerated. 10. The Lessee or any party to an operational or manage- ment agreement shall deliver to the representative of the Government, quarterly reports of all receipts and expenditures of its dealings and transactions in connection with the use and occupancy of the demised premises under this lease. Such reports shall be sworn to by a duly authorized representative of the Lessee, or by the party to an operational or management agreement. All of such records and books of account shall, at all reasonable times, be open to the Government for the purposes of inspection and audit. A Complete audit by the representative of the Government shall be made of the said records and books of account annually, a copy of which shall be forwarded for the records of the Chief of the Bureau of Yards and Docks, Real Instate Division, Navy Department, Washington, D. C. 11. The Lessee, insofar as is within its power and reasonably possible, will prevent any use of the land either within or without the boundaries of the airfield, including the construction, erection, alterations, or growth, of any structure or other object thereon, which would be a hazard to the landing, take -off, or maneuvering of aircraft at the air- field, or otherwise limit its usefulness as an airport. 12. The Lessee agrees that in any license, permit or other instrument under which any concessionaire or permitter is authorised to use any of the facilities upon the demised premises, the Lessee shall require such concessionaire or permittee to keep and maintain in force liability insurance policies in an amount or amounts sufficient to indemnify and save harmless the Government against any expense, claims or demands for the death or injury of any person, or loss, destruc- tion or damage to Government property occasioned by the opera- tion of aircraft at said airfield or the use and occupancy of any of the facilities thereon by any third party. 13• in the event that death or injury occurs to any person, or loss, destruction or damage occurs to any property in connection with the maintenance, operation, repair, or use of the airfield and the facilities covered hereunder, occasioned by the acts or omissions of the Lessee, its officers, agents or employees, the Lessee agrees to indemnify and save harmless the Government from and against any lose, expense, claims or demands to which the Government may be subject as a result of such death, loss, destruction or damage. 1$. The Government shall not be responsible for damages to property or injury to persons which may arise incident to the exercise of the rights and privileges herein granted. 15. The Lessee shall store no materials or supplies in or about the said premises which will increase the fire hazard or constitute an unusual risk in that connection, and the Lessee shall at all times use the premises in such manner as not to endanger Government property. 16. This lease is restricted and the privileges herein granted shall not be assigned or succeeded to in any manner except by operation of law, without the consent of the Govern- ment obtained beforehand, in writing, and in ease of such - 10 - assignment or succession, so consented to, all of the foregoing conditions and provisions shall apply to such substituted Lessee. 17. The Government reserves the right to eater 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 hereof are being observed and carried out by the Lessee. 18. The Government reserves the further right and privilege of terminating this lease, in whole or in part, upon ninety (90) days written notice to the Lessee, in the event of failure of the lessee to comply with all of the Covenants and agreements herein set forth, or in the event it is determined by the Secretary of the Navy that the demised premises, or any part thereof, are required for naval purposes, or in the event of a national emergency. 19. All disputes concerning questions of fact arising under this lease shall be decided by the Chief of the Bureau of Yards and Docks subject to written appeal within thirty (30) days to the Secretary of the Navy or his duly authorized repre- sentative, whose decision shall be final and conclusive upon the respective parties. 20. In all matters in connection with this instrument requiring the approval or action of the Navy Department, the Chief of Naval Air Basic Training, Naval Air Station, Corpus Christi, Texas, is hereby designated and empowered to act as the local representative of the United States, and all vritten Instruments herein required to be furnished by the Lessee to the Bureau of Yards and Docks, Navy Department, Washington, D. C., may be delivered by lessee to said representative at the - 11 - Naval Air Station, Corpus Christi, Texas, vhose duty it shall be to forvard same to said Bureau of Yards and Docks. 21. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. Nothing, hovever, herein contained shall be construed to extend to any incorporated company, if such lease be for the general benefit of such corporation or company. 22. This lodes shall supersede that certain Revocable Permit issued to the City of Corpus Christi dated 20 January 1947, 'which shall hereafter be considered cancelled and of no further effect. IN WITNESS WHZRBOF, the Navy Department, on behalf of the United States of America, has caused this lease to be executed this 14rt4 day of %gyp p 1947. WITNESS: THE UNITED STATES OF AMERICA T -direction or e e o the Bureau of Yards and Docks, Acting under the direction of the Secretary of the Navy. The undersigned hereby certify that they are the duly authorized representatives of the Lessee, City of Corpus Christi, Texas, and that they are empovered to acknovledge receipt of and assume custody for, the Land and Appurtenances, Buildings and Structures listed on the attached inventory. Furthermore, such properties are considered required for, or useful in connection with, the operation and .Maintenance of the Naval Air Facility by the Lessee. ATTEST: L CITY OF CORPUS CHR13TI, TEXAS By City niger - 12 - SECTION 2. The necessity for a valid lease authorizing the City of Corpus Christi, Texas, to operate a portion of Cuddihy Field for the general welfare of its citizens 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 re- quired that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction, take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED and APPROVED this ;?;-4 day of April, 1947. MAYOR re e M City of Corpus Christi, Texas ATTEST City secretary / APPROVED AS TO IE G FbRmt City Attorney Corpus Christi, Texas April A;, , 1947 TO THE &EMBERS 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, MAYOR i'ro I err City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Beale George R. Clark, Jr. John A. Ferris Ray R. Henry Joseph T. Dawson The above ordinance was passed by the following votes Wesley E. Seale George R. Clark, Jr. John A. Ferris U Ray R. Henry Joseph T. Dawson F� RESTRICTED CORPUS CHRISTI, TEXAS