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HomeMy WebLinkAbout02201 ORD - 12/23/1947AN ORDINZll CE 02HOI IZIN(z ATM LIRECTI115 ' 11T. CTTY LW- iWai OF TiiL CITY OF CORPUS C ZIf'T , TLL'iS, TO Z CUTE FOR AidD 011 3JIU.LF OF $A D (,;il'Y A LEASE CONTRACT +Mi 1,12S. 1Aay ,)OsOi sR 'd"D i'U�13AiD, J" J. DOSC.IER, GUVL.Mi G PROil —IRTY LOCATED AT CUDDIHY a'IELD, NUECES CM -ATY, 2—k-AS, 11D DLCL( JLG A14 E,'1J' �G 2CY. liE IT ON,DAIRh:D 13Y Tz1P CITY COUNCIL OF T lr; CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City ?',anager of the City of Corpus. Christi, 'texas, be and he is hereby authorized and directed to execute for osid on behalf of said City a lease contract rith Frs. Iviary 6. Doscher and husband, A. J. Doscher, covering property located at Cuddihy Yield, 1Nueces County, Texas, a copy of which contract is attached 'hereto and made a part hereof and reads as follows, to -wit: 2-20/ STATE OF TEW COUNTY of NUN= This agreamsnt made and entered into this the 'LAI day of Gtr4ebsF, A. D. 1947, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called *City" and Mrs. Mary H. Washer and husband. A. J. Doachor, hereinafter called "Lessees ". 11TNES$STS The City of Corpus Christi, Texas, does by these presents lease and domino unto the said Mrs. nary B. Dosohsr and husband, A. J. Doscher, Lessees, the following described promises, to -sits The Balding known as the Idalnistration Building, some being Building no. boo, located at Ouddiby Field , unease County, Tons, for the tam of one (1) year, said lease beginning the day of , A. 0. 1947, and ending the day of , 19411 the Lessees are to pay therefor the sus; of helve hundred Dollars ($1200.W) for the year, sane to be paid in monthly installments of $100.00, said monthly installments to be paid each month in advance, the first to be paid on the first effective date of this lease and a like installment on the Sams day of each succeeding month thereafter during the term of said lease, subject to the following conditions end covenants= 1. It is understood and agreed that the leased premises are - to be used for the following purposes only, to-wits for use as a oonvalesesnt rest home. 2. Lessees agree not to sub -let the leaned promises or any portion thereof. 3. No additions ar alteratico shall be node to the premises without the consent or the City in writings and cep. and all improvement* placed an said promises which are movable may be moved by the Lessees at the expiration of this lease, subject to paragraph numbered b hereof. 4. She Lessees agree that they will tale good care of the property, its appurtenances and all personal property furnished in connection therewith, and suffer no waste, and shall keep the said premises,. appurtenances and personal property in good repair at their own expense, and at the salt or other expiration of the term of this lease, shall deliver up the demised premises, appurtenances and persahal property in good order and conditions, ss sales are now in. natural wear and tear and damage from the elements only excepted. in connection with the personal property or removable fixtures Lassoes agree, that the same may be reduced to an inventory at a later date which will be attached hereto for all pertinent purposes. 5• The Lessees agree to pay for all utilities used at the premises leased by them. 6. The City reserves the right to enter the said premises at mW time during the sxistelme of this lease for the purpose of inspecting the same in order to determine %%ether the terms of said lease are .being observed and carried out. 7. Further, the Lessor (the City) reserves to itself that portion of .the Administration i#ailding now occupied ley, the telephone switchboard and the right of ingress end agrees to such portion of said building for the City or City directed personnel. d. Lessees agree not to use said promises for any illegal or Immoral purposes and agree to conform to all the laws of the State, the United States, and all rules not out by the City Manager of the City of Corpus Christi. Texas. for the operation of the leased promises. 9. Unless otherwise provided for under paragraph nlaobsred 1 hereof, the Lessees shall not permit malt. vinous or aleoholie beverages in the demised premises= and will not permit smoking in ary place whore such would be a fire hazard and will at all times display "Bo Smoking" signs where designated by the Airport M%nager or City mire Department. 10. The Loans" shall promptly exeouts and fulfill all the ordinaumas of the City of Corpus Christi applicable to said promises as if same was located in the City limits or #ho City of Cbvpua Christi, end all orders and requirements imposed by the Board of Haalth, Sanitary and pollee Dspartsaents, for the correction, provemtIon and abatement of nuisances £n* upono oar oonncoted with said promises during the term of this lease at their awn expense.. -2- 11. Lessees are to have the option to renew this I" at the expiration thereof For such terms and considerations as way be agreed upon by the City. 12. The Lessass further agree that in ease of atV default in any of the covenants and conditions of this lease, the City may enforce the performance thereof in say modes or manner provided by law, and my deal=,* the lease forfeited at its discretion, and it, its agents or attorney shall have the right, without further notice or demand, to re- enter and ramose all persons therefrom, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or the City, its agents or attorney, W resume possession of the promises and re -lot the sane for the remainder of the term at the best rent they may obtain, for account of the Lessees, who shall make good any deficiencyl and the Lessor (the City) shall have a lion as security for the rout aforesaid, or aqr rent due and unpaid under said lease, upon all goods, wares, chattels, implements, fixtures. furniture, tools and other personal property whish are now located on said promises or which may be placed on said premises by the Losses, which lion shall be cumulative of the statutory lion created by law and in addition thereto. 13. The lssseos shall store no materials or supplies in or about the said premises which will increase the fire hazard or institute an uuusuial risk in that connection and Lsseees shall at all tin" use the premises in such a manner as not to andanggor the property leased. Lessees agree that in the event that math or injury aacurs to any person or loss, destruction or daw o occurs to any property in connection with the maintenance, operations or repair of the leased premiums and the facilities covered hereunder, occasioned by the act or emissions of the Lassoes, their agents or employees, the Lessees agree to indemnify and save harmless the City from and against any leas, eapenae, claims or demands to which the City may be subject as the result of such demands, loss„ destruction or damage. -3- 15. The City shell not be responsible for damages to property or injury to persons which my arise incident to the exercise of the rights and privileges herein granted. 16. Lessees further agree to keep and maintain in full farce during the terms of this lease liability insurance policies in the sum Of (8 ) Dollars and property damage in the sumo of ($ ) Dollars to indemnify and save harmless the City and the United States Government against any expense, claims or demands for the death or injury of any person or loss, destruction or damage to Government property occasioned by the operation of the leased property for the use and occupancy of cams, which policies shall not contain a subordination clause which could in any way encumber the said City or the United States of America. 17. dow®ver, it is expressly understood and agreed by the parties hereto that this lease is subject to the lease between the United :states of America, represented by the Chief of the Aureau of Yards and Docks, acting muter direction of the Secretary of the Navy, and the City of Corpus Christi, permitting the use of United States Naval Auxiliary Air Station, Guddiby Field, Corpus Christi, Texas, or a portion thereof and this lease is contingent on such lease from the ( aovernmant and the terms thereof, and all rights of the Lassoes herein are subject to the terms of said Iease from the IDiited States Goverzamont. and it is further agreed that the City is not to be liable in wW manner, for damages of &V nature, for any termination of this lease or wW changes of the rights of this Losses by virtue of aqy action taken by the United States of America or their agents under aforesaid lease. 18. dad in the event for any reason said lease between the United States of America and the City of Corpus Christi is terainated in any manner or in the event said leased premises are turned back over to the United States of America by the City of Corpus Christi, then this lease is to terminate as between the parties hereto and the City is not to be liable in any manner for damages of any nature for such termination of this lease W virtue of the termination of the lease between the City sad the United States of America or by virtue of the surrender of the leased premisea to the United States of America by the City of Corpus ':hristi. LUCUTED in duplicate this the day of , A. D. 1917. CITY OF CWUS CHRISTI, TRW AV ATUM city ger CRY 3aore APPROVED AS TO LEGAL FORM: A ar-y awn STATE OF TEXAS COUNTY or E!UBM BEFORE We the undersigned authority, an this day personally appeared A. J. Dosaber, known to me to be the pars whose name is sub- scribed to the foregoing instrument, and acknowle me that be executed the some for the purposes and consideration therein expressed. GIVEN under my hand and seal of offioe this the day of , A. D.1947. Notary Pubile. In M for musess County, lkzas. STATE OF TEXAS COUNTY OF NUAVES 4 Naponz Ms. the undersigned authority, an this day personally appeared Mrs. Mary x. Doscher. wife of A. J. Dosoher, known to we to be the person whose name is subscribed to the foregoing instrument, and, rowing been examined by me privily and &part from her husband, and hav= ing the some fully explained to her, she. the said Mrs. MU7 E. Doseher, acknowledged such instr%vant to be her sat and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed. and that she did not wish to retract it. 0iven under any hand and seal of offioe this day of . A. D. 1947. c rn end for ueees Bounty, Texas. -5- STATE OF TEXAS ¢ COUNTY or NUNCIS BVMZ !R, the undersigned authority, on this day personally appeared zH H. Allen, City Manager of the City of Corpus Christi, Texas, known to ma to be the person whose name is subsoribed to the foregoing instrument and aoknowledged to ms that he executed the same for the purposes and oonsideration therein expressed, iZ the capacity therein stated and as the sot and deed of said City. (liven under xv hand and seal or office this the clay of A. D. 1947. JFOTART Puma. ueoss Taxa a. SECTION 2. The necessity for establishing air facilities at Cuddihy Field and the necessityy for receiving revenue to be used for the upkeep of said field, creates a public emergency and public imperative necessity requirin 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 Lhat such public emergency and imperative necessity exist, and having requested that such ,;iiarter rule be suspended, and tnat this ordinance be passed finally .n the date of its introduction and take effect and be in full force and effect -from and after its passage, IT IS ACCO.tDI;JULY a0 ut;DAIIJ:�:D. PASSED IU,D APPhCUD this ,fL day of i A. D. 194 DRY R City of Corpus Ohristi, Texas. ATTEST: `4*�IL cretary AYPROVr,D AS TO LLGAL Orla: � City Attorney Assistant City Attorney Corpus Christi, Texas 4!5i �� . , 1944 TO TE' IrJ'!!BERS OF Tfg CITY COUNCIL Corpus Christi, Texas Gentlemen: For tie reasons set forth in tine emergency clause of the foreoinG 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 s'ach ordinance or resolution shall oe read at three meetinbs of the City Council; 1, therefore, hereby request that you suspend said Charter rule or requirement and pass this oruinance finally on the date it is introduced, or ut the present meetinr of the Ci V Uouncil. ate s pe etf ul ly, MfiY R — City of Corpus Christi, Texas Tne Charter rule was suspended by the folleclh,, vote: liesley v. ( Seale George R. Clark, Jr. John A. Ferris R. R. 1lenry Joe T. Dawson The above ordinance was passed by e following vote: 'a'iesley Seale Ueorge K. (:lark, Jr. John A. Ferris V IC. 11. denry Joe 'P. Lawson ZZO f