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HomeMy WebLinkAbout02175 ORD - 11/14/1947aid ORDINANCE AUTHORIZING UTD DIRECTING THE CITY SASNAGER OF THE CITY OF CORPtiS CIMLITI, TE; hS, TO EETER IPITO A COI:ITIMCT . ITH THE LRdITED STATES OF 11I;LRICA FOR THE LEASING OF "'+442D ISLAl'D" AND DECLUII IG AN k6H&RGF":?CY. Bl; IT ORDAINED BY Tt ' CITY COUNCIL OF T w CITY OF COITUS C:ITIIS'TI, TD:&S: SECTIOPI 1. That the City Lananger is hereby authorized and directed to enter into a contract, with the Unitod States of America for leasing of Ward Island, a copy of which lease contract is attached hereto and made a part hereof and reads as follows, to-wit- -24-7-6 THIS LFASE, 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 tha Navy, hereinafter called the Government, and the City of Corpus Christi, located in the County of Nueces, State of Texas, hereinafter called the Lessee: W I T N N S S E T H: H: ,%MFAS, the Government is the owner of or is in lawful possession of certain lands situated in the County of ?ueeea, State of Texas, upon which it has developed and operated facilities for the activities of the United States Naval Air Technical Training Center, Ward Island; and, Wdffi&xS, because of its stratesic value, it is considered essential that the said facilities, comprising the said United States Naval tir Technical Training Center, Ward Island, be retained for possible post -war use in connection with Naval Training activities; and, RTiMUk.S, during such period, the Government desires to make the facili- ties thereon available to such public agency as may be interested in its use and occupancy; and, WHEREAS, use by a public agency of the facilities 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, WHOIAAS, application has been made by the above mentioned Lessee for the temporary use and occupancy of said facilities in connection with its edu- cational program and for such purposes as may be deemed by the Government as being in the interest of the National F;elfarej and, 'WHEREAS, 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. certain lots on Ward Island, Nueces County, 'Texas, and B. Ray Smith, et al - Civil Action No. 217, acquired the fee simple title to certain lands for the development and operation of facilities and used in eonneotion with the activities of the U. S. Naval Air Technical Training Center, Nard Island, Corpus Christi, Texasj and, WHEREAS, under the above referred to acquisition of said land with the facilities thereon situated have been designated and operated as the U. S. Naval Air Technical Training Center, Ward Island, Corpus Christi, Texas; and, W MRW, it has been determined by the Navy Department that the afore- mentioned Naval Air Technical Training Center and the facilities andAr struc- tures situated thereon, with the exception of Buildings No. 817 and 858 outlined in red on Exhibit "A ", are in excess of the Governments present needs; and, 3'dFIEREAS, it is the desire of the Navy Department that this area and facilities and structures, except the aforementioned structures, be made avail- able for the temporary use of the City of Corpus Christi, Texas; N09. THNREFORE, 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, and for such other purposes as may be approved by the Government as being in the interest of the National 'V41fare, the use of that certain tract of land, together with the improvements and installation thereon and appurtenances thereto belonging, enumerated and described in map of premises and installations of the U. S. Naval Air Technical Training Center, Yard Island, Corpus Christi, Texas, entitled Sxhibit "A ", 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 appertaining, including egress and ingress to said areas over all roadways and walks. TO HAYS AND TO HOLD the demised promisee for the term commencing on the day of , 1947, and ending an the day of 1948, unless sooner terminated as hereinafter pro- vided and subject to the following conditions and covenantal 1. As above provided, the Government specifically reserves the two buildings shown on the attached Exhibit "A" and outlined in red, together with all improvements and utilities therein situated and free right of agrees and ingress to said two buildings over any and all roads or walkways situated on the entire premises. In connection with the reservation herein made, it is mutually agreed between the Lessee and the Goverment that: -2- (a) Lessee agrees to furnish all utilities used on the premises reserved by Government. In the event the utilities consumption shall became substantial and burdensome to the Lessee the Government agrees to negotiate for such utilities. 2. Specific attention is invited to that certain contract between the Government and the Lessee, being Contract Uy(r)- 3421:F2 dated 19 November 1943, whereby the Lessee has agreed to dispose of all raw sewage originating from the U. S. Naval Air Technical Training Center, Ward Island, for a period of twenty -five (25) years. As part of the consideration for this lease the Lessee agrees that such Contract shall remain in full force and effect in a suspended status during the full term of this lease and for such time thereafter as the Government may elect. It is agreed that the Government may at its option reactivate such Con- tract at any time that the Government deems necessary under the original terms and conditions of such contract, and the period of suspension shall be added to the original term of such contract. During the period of this lease the Government shall not be required to give Lessee the year to year renewal notice required under such original contract. 3• This lease shall be deemed renewed from year to year upon the same terms and conditions as are herein specified, unless terminated by the Government as herein provided, or unless the Lessee shall send written notice to the Govern- ment 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 necesaary and so signify their consent through a supple- mental agreement to this lease. 4. 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 sum of On ($1.00) DOLLAR per annum, payable in advance to the Chief of Naval ",ir Basic Training, Naval Air Station, Corpus Christi, Texas, Attentions 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 —3— 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. 5. The Leases, as a part:of the consideration hereof, shall maintain and keep in good and serviceable condition and repair, all the property enumerated in Exhibit "I% 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. In this connection, Lessee shall maintain reasonable fire and hurricane precautions and in case of hurricane shall take reasonable protective measures. All costs and expenses incurred and paid by the Losses in maintaining the said premises shall be borne by the Lessee. The Losses will maintain and keep the demised premises in a clean, safe and healthful condition according to any applicable Federal or State Laws and municipal ordinanceg 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 termination thereof, the Losses 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, conflagration, sets of God or of the public enemy, the elements, structural, de- feats, ordinary war, tear and deterioration and other causes beyond the Lessee's control excepted. No property covered by this document shall be removed from the premises. 6. The Lessee has examined and knows 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 acknowledges 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 of this lease that are not herein expressed. Nothing herein contained shall be deemed to imply any obli- gation on the part of the Government to furnish the losses with any utility �F^ services whatsoever, it being expressly understood and agreed that the Lessee shall obtain such services at the Lessee's sole cost and expense and the Losses shall pay, in addition to the rent above specified, all water rates or rents and all charges for gas, sewerage, electric light and power. 7. The Losses, during the term of this lease or amy renewal thereof, shall not have the right to make alterations, installations, attach fixtures or erect additions, temporary or permanent structures or signs in and upon the premises hereby leased, except by prior written consent of the Government or its local representatives. The title to any property installed in or constructed upon the demised premises by the Lessee shall remain in the Lessee, shall be kept free of mechanics' 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 Losses so to remove its fixtures, additions, temporary structures or other property, the Government may remove the same from the demised premises and charge the Lessee with the cost thereof and without lia- bility to the Lessor for any damage to the Lessee's property by reason of the removal or disposition thereof. 8. The Losses agrees that, continuously during the term of this lease, or any renewal term, the facilities thereon will be used in furtherance of its educational program and for such other activities as may be approved by the Government so being in the interest of the National Welfare. The Lessee further agrees that the facilities will at all times be operated for educational purposes or 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 facilities thereon, except that such facilities may be used exclusively for educational purposes, provided that Lessee or its Sub- Lessees or Permittees may promulgate, maintain and on- force such rules, regulations and practices as it may deem nesessary in the conduct of its endeavor for the ordinary and prudent use of the properties for the purpose for which they are being used. The Lessee agree& that it will not enter into any trans- action 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.. G'ro to the lessee. in order that every possible use may be made of the demised premises in the interest of the public, the facilities thereon may be utilised for such activities as may be approved by the Government as being in the interest Of the National .41fare. 9. 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. The Lessee agrees that it will not authorise 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 agreement, or any other instrument affeoting 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 Docks, Navy Department, Washing- ton, District of Columbia, and the representative of the Government herein named. 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 will 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 representative of the Government. 10. The Losses 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 premises, to- gether 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. 11. The Lessee or any party to an operational or management agreement shall deliver to the representative of the Government, quarterly reports of all -6- receipts and expenditures of its dealings and transactions in connection with the- usaand 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. 2211 of such records and books of account shall, at all reasonable times, be open to the Government for the purposes of inspection and audit. $ 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 Estate Division, Navy Department, Washington, D. C. 12. The Lessee agrees that in any license, permit or other instrument under which any concessionaire or permittee is authorizsd to use any of the facilities upon the demised premises, the Lessee shall, without exception, require such concessionaire or permittee to keep and maintain in force public 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, destruction or damage to public property occasioned by 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, Public destruction or damage occurs to ww/property in connection with the maintenance, operation, repair, or use of 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 loss. expense, claims or demands to which the Government may be subject as a result of such death, loss, destruction or damage. 14. The Government shall not be responsible for damages to property or injury to persons which may arise incident to the exercise of the riohta 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. '7' 16. This lease is restricted and the privileges herein granted shall not be assigned or succeeded to in any manner except by operation of lair, without the consent of the Government obtained beforehand, in writing, and.in case of such assigxfinent or sucoession, so consented to, all of the foregoing conditions and provisions shall apply to such substituted Lessee. 17. The Government 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 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 Lsssee, in the event of failure of the Lessee to comply with all of the covenants and agree- ments herein set forth, or in the event it is determined by the Secretary of the Navy that the demised promises, or any part thereof, are required for Naval purposes, or in the event of a national emergency. 19. All disputes concerning questions of foot 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 authorised representative, whose decision shall be final and conclusive upon the respective parties. 20. In all matters in connection with this instrument requiring the approval or faction of the Navy Department, the Chief of Naval .lir 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 written instruments herein re- quired to be furnished by the Lessee to the Bureau of Yards and Docks, Navy Depart- ment, !lashington, D. C., may be delivered by Lessee to said representative at the Naval Air Station, Corpus Christi, Texas, whose duty it shall be to forward 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 there- from. clothing, however, herein contained shall be construed to extend to any in- corporated company, if such lease be for the general benefit of such corporation or company. -Q- IS 1AITNESS WHEREOF, the Navy Department, on behalf of the Baited States of America, has caused this lease to be executed this day of , 1947• Td9 UNITED STATES OF AMERICA BY By direction of e Chief of WITNESS= Bureau of Yards and Docks, ?oting under the direction of the Secrs- tary 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.empowered to acknow- ledge 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 Technical Training Center, surd Isl -,nd, by the Lessee. CITY OF CORPUS CHRISTI, TEXAS $Y City Manager ATTESTS City ra "ECTIOU 2. The fact that the acquisition of -4ard Island by the City will greatly increase facilities for the furtherance of education in Corpus Christi and this vicinity creates a public emer- gency 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 rasolu- tion shall be read at three several meetings of the City Council, and the Nayor having declared that such public energency and imperative necessity exist, and having requested that such Charter rule be sus- pended, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force °nd effect from and after its passa -ge, IT IS G.CCO:)IiTuLY SC O?LDi !1 -11). FASSdD A!1D AFFROVBD this 4 day of November, A?. D. -7� /2L4 R City of Corpus Christi, Texas ATTEST. City Secretar-j APrROU1,D AS TO LEGAL F ORd, : 7 �. U", ' kssistant City Attcxk�;� ; t1f` Corpus Christi, Texas November /)4 , 1947 TO THE MSYBERS OF TIE, CITY COTI CIL 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, - YAM City of Corpus Christi, Texas The Charter rule was suspended by the following vote: +Jesley E. Seale George R. Clark, Jr. John A. Ferris 3. R. Henry —r— Joe T. Dawson The above ordinance was passed by the folloving vote: 1Yesley ;,. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson *2 / -7-6