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HomeMy WebLinkAbout02177 ORD - 11/21/1947Aid ORDIKIA CL AUTHORI'LIEG i%STD DIRECTIRit, THl'; CITY IHMULGER OF TDIi CITY OF CORPUS CHaISTI, TEXAS, TO EXECUTE FOR ASID CE BEILkLF OF THE CITY, Aid ASSICTFAM11T OF LEASE BY 'TIE. CITY TO Td EXLCUTIVE BQhRD OF T$E BAPTIST GEP1'&LP L CON'It?'TIOIT OF TEXAS CCR%R- IPG `:V! -RD ISLAND CORPUS C! 2IS'TI, TEYAS, AND DECLARING AN EE? RGFNCY. B'$ IT ORDAIMM BY TI-PG CITY COUTICIL OF TILE CITY OF CQ2PUS i,?iRISTI, TEF.AS: SECTION 1. That the L'ity 1.1anager of the City of Corpus Christi, Texas, be, and he i.a hereby, authorized and directed to execute for and on behalf of the City, an Assigmnent of Lcase by the City to the P;xecutive Board of the Baptist General Convention of Texas covering ';lard Island, Corpus Christi, Texas, a copy of which Lissi6nment of Lease is attached hereto and made a part hereof and reads as follows, to -wit; 2-1-77 STATE OF TMUS � COUNTY or X=93 $ 44V1Ri AS. on the day of Navember. 1947, the United States of America executed that certain lease in favor of the City of Corpus Christi, Nueoes County, Texas, ooverinC certain lands situated in the County of xueoes. State of 'Vexes. upon which there has been developed and "rated facilities for the activities of the United States lr Teohni- cal Training Centsr, and known as Ward Island, Corpus Christi, Texas, to be used by Otis City for educational purposes and such other uses as may be approved by the 0overumsnt as beinG in the interests of the national welfare, said land and the facilities located thereon being fully described and referred to in said contract, copy of which is hereto attached, marked ":ahibit Af ". made a ,art hereof and to which reference is hers made for its full terms and provisions= and, ii1} tt;sAa, the !.�xsoutive Board of the Baptist ueneral Convou- tion of Texas desires to acquire said promises arid facilities, covered by said loans, Vor the purpose of establisnix4�, and maintaiuing thereon an educational instit;.tion, known as the University of Corpus 4hrieti, where courses in arts a.'nd sciences, technical training and other subjects will be made available] NOP4. T1b;RNFOW,1, XW..W ALL SY TPES& YitiaU StTSs that the City, of Corpus Christi, I'nceo County, Texas, a municipal Corporation, acting herein by and through its duly appointed and qualified City Manager, who has been duly authorised by the City Council of the City of Corpus Christi, Texas, to execute this instrument, for and in consideration of the pre• rises and the sum of Cue and Vo %100 (41.00) Dollars, to it in hand paid by the ;xecutivs i3card of the Baptist ?sneral Convention of Texas, receipt of which is hereby acknowledged, has, subject to the provisions, covenants and conditions hereinafter aontaiued, sold, transferred, assigned and con- veyed, a4W does by these presents, sell, transfer, assii�u and convey unto the said i.xeoutivo Board of the rieptist ieneral Convention of Texas said lease from the United &tatas of America to said City of Corpus Christi, Texts, copy of which is hereto attached and marled 'bbchibit n', and all extensions and renewals thereof, covering; said land, installations and improvements thereon situated above mentioned and referred to and .fully described in said lease, together with all rights, interests and benefits to which the said City of Corpus Christi. Texas, is or may be entitled to thereunder. This assignment is made subject to all the terra and provisions of said lease, and as part consideration for this assignment, Aasioas oovenwits and agrees with Aasit;aor t'taxt it will kaup and perform all of the obligations imposed. upon Assi,,ncr by who terms of said lease and that "esi nee will in all respects indemnify and save msigxior :harmless from any and all daisagae resulting from a breach by Assiinee of €uuy of the obligations which gray be imposed upon Ass ;&nor by the terms of said lease. Assignee has examined and knows the condition of the abEsro des- cribed premises. It is understood that &Ssigaeo shall take possession of said property and prer.,issa covered by said lease on November 2u, lc,L47. except that if the execution of the lease from the united States of bmarica to the i•l r is after tovember 28, 191;7. then the date of the execution of such lease shall be the effective date of this assignments and Assignee assumes full responsibility for the custody and condition of said property and premises from and after said date. Assignee aclmawledges that timre has been no agreement or promise on the part of Assignor to decorate, alter, repair or improve said premises, or the improvements thereon, and that no representations an to the condition thereof have been made by Assignor to Assignee that are not expressed herein. Assignor agrees that said lease hereby assigned way be, after the expiration of five (5) years from November, 1947, extended and renewed by the united states of "nerica for such additional time as pro- vided for in said lase should Assignee so desire, and that Assignor will execute such instruments requestint,, approvinG or oonsentin, to such renewal desired by - °Anitnes as mmy be required by the Onited .,tatos of lmerica. -2- M Said promises, facilities and improvements thereon, covered by said lease„ shall be used by Assignee for such purposes as authorised by said lease wid none other. All reports and notices which are required under the terms of said lease to be made Rud given concerning; the operation of said property and premises, covered by the lease, shall be made by lesignee with a copy thereof furnished to Assignor. Assignor reoerves the riiht of ingress and *grass to said leased premiass for tis purpose of inspection at reasonable times sud reasonable hours., Nothing heroin contained shall be deemed to imply any oblige- tion on the part of Assignor to furnish Assignee with utility services, save and except that during the period of time that Assignee occupies and uses said promises under the terms of sr,id lease, Assignor hereby agrees to furnish to Assignee acid Assigpoe hereby agrees to accept and pay for water acid sewage disposal at the following ratess tiiAM RAC -- IR1USTRIAL ibIES -- T C L 100,000 gallons - M-00 100,000 - 2250,000 gallons - .24 minisasa - 250,000 gallons - 50.00 250.0()0 - 500.000 gallons - 020 Amines* - 5000000 gallons - 90.00 500,000 -- 1.W0,000 gallons - .18 1.000.000 - 1.500.000 gallons - .16 1.500.000 - 2,000.000 Gallon - .15 2.00O.U00 - 2,500.000 gallons - .Ali 2,500.000 - 3,000,000 gallons - 013 Laver 3.000, 2700 g;ollaw - 012 Sc'" &" DISPOSAL RATES Ton cents (10f) per one thousand (1,000) gallons, based on 100% of the water Consumption as evidenced by the monthly water billing of the City. It water is used for swisv ing pools. the amount of water used for said pools sieall be deducted from t.-.e total amount of water consumed For the purpose or making the sewage charge provided the Assigns wakes arrangements for separate motor facilities for the swimming pool or pools. -3- rN tUTMSS Alib--RL,CP this lastrumant has boon duly exeoutod by Ammi6Aor and smigrao this _ day of NoTerber, 1947. kTTEST* Cify sorota CITY OF COREUS GURLM, MW w CIV Mmagar BY F=UTIVI,,' 30ARD OF THE MPTIST QRKURL COMOTION OF TZX" 77TIBIT A THIS LEASE# made between THR MITED STATES OF WAMICA, represented by the Chief of the 9ureau of Tards and Docks, acting under the direction of the secretary of the Favy, hereinafter called the Government, and the City of Corpus Christi, located in the County of Nueoes, State of Texas, hereinafter called the Lessee: dY ITH93SETH: wii'RAS, the Government is the owner of or is in lawful possession of certain lands situated in the County of vueoes, State of Texas, upon which it has developed and operated facilities for the activities of the United ;Mates Naval Air Technical Training Center, "guard Island; and, a'pt.a Ad, bcoauso of its stratebic value, it is considered essential that the said facilities, comprising the said United States Naval Air Technical Training Center, 3ierd Island, be retained for possible past -war use in connection with Naval Training activities; and, +tLitz:A�, during such period, the Government desires to make the facili- ties thereon available to such public aSoucy as may be interested in its use and occupy; and, V41i:Rlsxw, use by a public a ency of tho facilities will in no wise be detrimental to the activities of the Ravy Department, but is deemed to be in the interest of the Government; and, '14'I EA,u, application has bean 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 rational " ,'elfarej said, 4H&REA5, the 'united States of Asr:rioa 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, Rueces County, Texas, and 3. Ray Smith, at al - Civil Action No. 217, acquired the fee simple title to certain lands for the development and operation of facilities and used in connection with the activities of the U. S. Naval Air Technical Training Center, ':lard Island, Corpus Christi, Texas; and, ➢YEiS ;-U', under the above referred to acquisition of said land with the facilities thereon situated have boon designated and operated as the U. S. Faval Air Technical Training Center, hard Island, Corpus Christi, Texaep and, W.,M la'AS, it has been determined by the Navy Department that the afore- mentioned Naval fair Technical Training Center and the facilities and/or struc- tures situated thereon, with the exception of Buildings Na. 817 and 856 outlined in red on Exhibit "A", are in excess of the Goverrment's present needs; and, 9%M;RFA6, 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$ N(M. TURPP(AW, 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 nay be approved by the Government as bein,_, in the interest of the kiational welfare, the use of that certain tract of land, together with the improvements and installations thereon and appurtenances thereto belonf;ir4�. enumerated and described in map of premises and installations of the U. S. naval Air Technical Training Center, ward Island, Corpus Christi, Texas, entitled morhibit "A ", attached hereto and made a part hereof. There is specifically excepted therefrom the areas shown on &hibit "A." and outlined in red on 'Rrhibit "A ", together with all of the appurtenances thereunto appertaining, including agrees and ingress to said areas over all roadways and walks. TO M AND TO :HOLD the demised premises for the term commencing on the day of , 1947, and ending on the day of , 1948. unless sooner terminated as hereinafter pro- vided and subject to the following conditions and covenantee 1. As above provided, the Government specifically reserves the two buildings shown on the attached Exhibit "F" and outlined in red, together with all improvements and utilities therein situated and tree right of ogress and ingress to said two buildings over any and all roads or walkways situated on the entire premises. In oonnection with the reservation heroin made, it is mutually agreed between the Lessee and the Government Chats -2- (a) Lessee agrees to furnish all utilities used on the premises reserved by Government. In the event the utilities consumption shall become 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 Losses, being Contraot My(r) -342l2 dated 19 November 1943, whereby the Lessee has agreed to dispose of all raw sewage originating from the U. S. Naval Air Tsoiwical Training Osnter, =lard Island, for it 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 tims thereafter as the Government way elect. It is &.-read that the Government may at its option reactivate such Con- tract at any time t'eiat 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. 1hwing 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 oonditiona 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 ar extension for a period of twenty years in the event that both parties shall agree in the future that such is necessary 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 Governcent, that the annual rental for the occupancy and use of the demised premises shall be the sum of OM3 ('I.00) DOLLAR per srinum, payable in advance to the Chief of Naval 'ir Basic Training, Naval Air Station, Corpus Christi, Texas, Attentions Disbursing Offioer. It is understood by the lassoes however, that the Government reserves unto itself the right to require the Lessee, at any time durinm 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 Losses the right to earn or derive a reasonable profit through its use of the promises 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 ",t% 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, losses 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 Lessee in maintaining the said promises 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 ordinano" 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 Lessee will deliver up and surrender the demised premises to the Uovernm-ent 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, acts of God or of the public enemy, the elements, structural.de- £sots, ordinary wear, tsar and deterioration and other causes beyond the Lessee's control excepted. No property covered by this document shall be removed from the promisee. b. 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 promises 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 boon made by the Government prior to or at the time of the execution of this lease that are not herein expressed. Nothin;, heroin contained shall be deemed to imply any obli- gation on the part of the Government to furnish the Lessee with any utility �+w services whatsoever, it being express]* understood and agreed that the Losses 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 Lessee, during the term of this lease or a2V 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 promises 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 promises by the Losses shall remain in the Lessee, shall be kept free of mechanical 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 may reriove the same from the demised premises aizd charge the Lessee with the cost thereof and without lia- bility to the.essor for any damage to the Lessee's property by reason of the removal or disposition thereof. 8. The Lasses agrees that, continuously during the tam of this lease, or any renewal tern, the facilities thereon will be used in furtherance of its educational program and for such other activities as may be approved by the Government as being in the interest of the .national Welfare. The Losses further agrees that the facilities will at all times be operated for educational purposes or the benefit of the public, on reasonable term and without unjust discrirdination and without any irant or exercise of any exclusive right for the use of the facilities thereon, except that such facilities may 1�o used exclusively for educational purposes, provided that Lessee or its Sub- Lessess or 11ormittess may promulgate, maintain and en- force such rules, regulations ant practices as it my data necessary in the conduct of its endeavor for the ordinary and prudent use of the properties for the purpose for which they are bein;; used. The Lessee agraea 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 Leases 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. -J- to the losses. 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 ' olfare. 9. The Lessee shall have the right to provide through concessions. operational or management agreements, permits or licensee for the operation of any business or enterprise. The Lasses 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 mannement agreement. 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 boon received by the Chief of the Bureau of Yards and Docks, Navy Department, Washing- ton, District of Columbia, sad 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 Jocks. 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 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 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 Governments quarterly reports of all -6- 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. 1,11 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 Estate -Ilivision. 27avy Department, aushington. D. C. 12. The Lessee agrees that in any license, permit or other instrument under which arty concessionaire or permittee is authorised to use any of the facilities upon the demised promises, 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 &rZF expense, olaims 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 sny third party. 13. In the event that death or injury occurs to any person, or lose, ub].ic destruction or damage occurs to 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 rights and privileges herein granted. lj. 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 suaaoeded to in any manner except by operation of law, without the consent or the (r'overnment obtained beforehand, in writing, and in case of such 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 enter the said premises at any time during the existence of this lease for the purpose of inspecting the a.wsy in order to determine whether the terms hereof are being observed and carried ouG by the Lessee. 18. The Government reserves tho 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 agree- ments herein not Forth, "or in the event it is determined by the :secretary of the Kavy that the deru ssd premises, or any part thereof, are required for Pavel purposes, or in the event of a national smergenoy. 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 00} days to the '�eoretary of the Navy or his duly authorized 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 action of the Navy .Department, the Chief of Naval Ur Basic !raining, naval fir atation, Corpus Christi, Texas, is hereby designated and empowered to act as the local representative of the United 'tates, and all written lnstrurnents herein re- quired to be furnished by the Lessee to the Bureau of Yards and Docket Navy Depart - went, ''Yashington, 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 Flocks. 21. No member of or Delegate to Congress or Resident Commissioner shall be admitted to axW share or part of this lease, or to aW benefit to arise there- from. Nothing, however, herein contained shall be construed to extend to aW in- corporated company, if such lease be for the general benefit of such corporation or company. L.M IN WIT1496S Wdii 1'sOF, the Navy Department, on behalf of the �?nited States of "eerioa, has caused this lease to be executed this day of . 191+7- TUE UNITED STATES OF A.MERICA By direction or the Chief Of RITNu5S: Bureau of Yards and Docks, ^oting under the direction of the Secre- 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, 7uildin6a and Structures listed on the attached inventory. Furthermore, such properties are considered required for, or useful in connection with, the operation and nwintenance of the Naval Air Technical Training !;enter, card Isl,nd, by the Lessee. CITY OF CORPIIS OnISTI, TrxAS gJ' y Minsiger ATTEST: city re SZC'TION 2. The necessity for providing adequate facilities for the furtherance of education in the City of Corpus Christi anal in tn.e vicinity creates a public emergency and public imperative necessity requirinG the suspension of the Charter rule that no ordinance or reso- lution shall be passed fir-ally 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 Layer having declared that such public emer- gency 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 siCCOliDINGLs SO i ?fLWl ?ED• PASSED lJ!D JdpRGT!0 this y of November, A. D. 1947• R �\ City of Corpus Christi, Texas ATTEST. Li y Seoretary :ter zovZD ,S TO LLG-U NMI- Corpus Christi, Texas iovember 21, 19ii.7 TO TIE-PP 11TLn._B2;RS CF T,"� CITY COUNCIL Corpus Christi, Texas Gentlemer_: For the reasons set forth in the emergency clause of the forecoin;_ 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 tL.at such ordinance or resolution shall be read. at three meetings of the City Council; I. therefore, hereby request tr.at you suspend said C;nester rule or requirement amd pass this ordi.rance finally on the date it is introduced, or at tiie present meet-ir_ of the City Council. re s p e ctf ul ly, .. OI. City of Corpus Christi, Texas The Charter rule was suspended by the foll.rnvin vote: ;�esley ,. Seale George R. Clark, Jr. - John A. Farris "g' R. P.. henry �u Joe T. Davison The above ordinance was passed by the follovring votes Wesley '. Seale George R. Clark, Jr. - John John A. Ferris "g' R. R. Henry Joe T. Dawson -2,17-7