HomeMy WebLinkAbout02202 ORD - 12/23/194710 ORUIIUw'.vC'E
'IL TiiORI. lkG itLD DIRECTING THE CI'T'Y M; N_iGER OF
Tk CITY OF UOi&US Cti tl iTI, T.'. l S, TO rY�,CU'TE
NR ,VM ON 13;sHPL' 01" SAID CITY A LEASE COPTRUT
AI'TH Pr12S. BI' SIC; 1 UV4Y A1;D HUS13A:iR), L. I'
UARV.,,Y UGVi1 -AAJ'G PROPERTY LOCATED AT CUD'DI IY FIELD,
NUECES COUNTY, TF..US, kuiD DECL aING AIT EL2RG}6 dCY.
aE IT ORDAINED 3Y TAE CITY COUNCIL OP THE CITY OF CORPUS
GiRla'1'I, 'TaAs.
SECTION 1. That the City Iuanager of the City of Corpus
Christi, Texas, be and he is hereby authorized and directed to execute
for and on behalf of said City a lease contract with lfxs. 3ernice
iiarvey and husband, L. E. narvey covering property located at Cuddihy
Field, hueces County, Texas, a copy of which contract is attached
hereto and made a garb hereof and reads as follows, to -wit;
STATE Cy TEEAS
COUNTY OF KUEGNS
This agreement made and entered into this the day of
A. D. 1947, by and between the City of Corpus Christi,
Tozoa, a municipal corporation, hereinafter called "City" and Mrs.
�ff� Harvey sad husband, " L. Harvey, hereinafter called
"Lessees ".
i1TxrssaTs
The Ci'W of Corpus Christi, Taxes, does by these presents
lease and demise unto the said Mrs. Harvey and husband,
L. E. Harvey. Lessees, the following described premises, to -sitc
The Civilian Parking Lot and the Gate House, same being
Building $o. 617, and also notions Picture Equipment as
net out in inventory hereinafter mentioned, all located
at Cuddiby Field, Nuases County, Texas,
for the term of one year, said lease beginning the LZ�Aday of ,
A. D. 1947, and ending the to day of , 1948; thi/Lesseez
are to pay therefor the sum of Seven aed and Twenty Dollar& ($720.00)
per year, same to be paid in monthly installments of $60.Oo per month,
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 install -
meat on the same day of each succeeding tenth thereafter during the tare
of said lease, subject to the following conditions and covenants
1. It is understood and agreed that the leased premises are
to be used for the following purposes only, to -wits for the purpose of
operating a Drive In Theatre.
2. Lessees agroe not to sub -lot the leased promises or any
portion thereof.
3. No additions or alterations *hall be made to the promises
without the consent of the City in writings and any and all improvements
placed on said premises which are movable may be moved by the Lessees at
the expiration of this lease, subject to paragraph numbered 4 hereof.
4. The Lessees ogres that they will take good care of the
property, its appurtenamas and all personal property furnished in
connection therewith, and softer no waste, and shall keep the said promises,
appurtenances and personal property in good repair at their own expense,
and at the and or other expiration of the term of this lease, shall
deliver up the demisod promises, appurtenances and personal property
in good order and condition„ as as= are new in, natural wear and
tear and damage from the elements amlq exeepted. In oenaeotiom with the
personal property or rsmavable fixtsuw Lessees agree that the same mey
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
promises lsaeed by them.
6. The City reserves the right to enter the said premises
at any time during the existence of this lease for the purpose of
inspecting; the sores in order to determine whether the terms of said
lease are being observed and carried out.
7. Lessees agree not to use said premises for any illegal
or ismoral purposes and agree to conform to all the laws of the State,
the United states, and all rules not out by the City 1(anager of the
City of Corpus Christi. Texas, for the operation of the leased premises.
8. Unless otherwise provided for under paragraph numbered
1 hereof, the Lessees shall not permit malt, vinous or alcoholic
beverages in the demised premises= and will not permit smoking in any
place where such would be a fire hasard and will at all times display
"No 8m*king" signs where designated by the Airport Manager or City Fire
Department.
9. The Lessees shall promptly execute and fulfill all the
ordinances of the City of Corpus Christi applicable to said promises as
if aame was located in the City limits of the City of Corpus Christi,
and all orders and requirements imposed by the board of Health, Sanitary
and Police Departments, for the correction, prevention and abatement of
nuisances in, upon, or connected with said premises during the term of
this leas* at their own expense.
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10. Lassoes are to have the option to renew this lease at the
expiration thereof for such terms and considerations an may be agreed
upon by the City.
11. The Lasses* further agree that in oar* of cry default in
any of the covenants and conditions of this lease. the City nay enforce
the performance ttbrsof in any modes or manner provided by law, and
may declare the lease forfeited at its discretion, and its its agents
or attorney shall have the right, without further notice or demand,
to re- eater and remove 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, may resume possession of the premises and re-let the same for
the remainder of the term at the beat rent they may obtain, for account
Of the Lessees, who shall make good any defioieneyp and the Lessor (the City)
shall have a lien as security for the rent aforesaid, or wW rent due
and unpaid undor said lease, upon all goods, wares, chattels, implements,
fixtures, furniture. tools and other personal property which are new
located on said premises or which may be placed on said premises by the
Lessens, which lion shall be ouzaxlativo of the statutory lieu created
by law and in addition thereto.
12. It is further understood and agreed by and between the
parties hereto that in the event in the opinion of the City 11snager, the
operations carried on at &aid Drive In Theatre by Lessees becomes a
nuisanos and is obnoxious to the City or the other Lessees at Cuddiby
Field, thou, City is to have the right and by these presents does have
the right to immediately declare the lease forfeited and said lease shall
terminate upon ton (10) days written notice by the City Manager to the
Lassoes.
13. The Lessees shall store no materials or supplies in or
about the said premises which will increase the fire hazard or institute
an unusual risk in that oamootion and Lessees shall at all time use the
premises in such a manner as not to endanger the property leased.
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14. Lessees agree that in the event that death or injury
occurs to any person or loss, destruction or damage occurs to aMW
property in oommotion with the maintsnsnee, operations or repair of
the leased premises and the facilities covered hereunder, occasioned
by the act or omissions of the imessea, their agents or employees, the
Lessees agree to indemnify and save harmless the City from and against
wW loan, expense, claims or demands to which the City may be subject
as the result of such demands, loss, destruction or damage.
ly. The City 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.
16. Lessees further agree to keep and maintain in full force
during the terms of this lease liability insurance policies in the sum
Of ( ) Dollars and property
damage in the sum of ($ ) Dollars
to indsmnify and save harmless the City and the United States government
against any expense, olaima or demands for the death or injury of any
person or loss, destruction or damage to Government property occasioned by
the operation of the leaned property for 'the use and occupancy of same.
which policies shall not contain a subordination clause which could in
WW way encumber the said City or the United States of America.
17. }iowever, it in expresaly understood and agreed by the parties
hereto that this lease is subjeot to the lease between the United .states
of America, represented by the Chief of the Bureau of Yards end Docks,
acting under direction of the secretary of the navy, and the City of Corpus
Christi, perm"ting the use of United States Iiaval Auxiliary Air Station,
Cuddi1W Field. Corpus Christi, texas. or a portion thereof and this Lase
is contingent an such lease from the Government and the terms thereof,
and all rights of the Lessees herein are subject to the terms of said lease
from the United States ;overnmont, and it is further agreed that the City
Is not to be liable in any manner, for damages of any nature, for any
termination of this lease or any changes of the rights of this Isasee
by virtue of any action taken by the united States of Ammrioa or their
agents under aforesaid lease.
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Executed in duplicate this the day of ,A.D. 1947.
CITY CSC CORPUS CHRISTI, TUAS
$Y
City Manager
ATT$STs
My Secrotary
AWROVED AS TO W.GAL FCRMi
Loes"ea
AthOMSY
STATE OF TEXAS
OUur f OF I UMSS 8
B19FCR9 ME. the undersigned authority, on this day personally
appeared L. E. Harvey, known to me to be the person whose name is sub-
scribed to the foregoing instrument, and acknoweledged to me that he
executed the same for the purposes and oonsideration therein expressed.
Given under my hand and seal of office this the dae of
. A. D. 1947•
Notary Public in and for
Nusces County. Texas.
STATE CP TEXAS
COUNTY OF NUSCHS
Ha"F'OM W, the undersigned authority, an this day personally
appeared fors. Aarroy, wife of L. E. Harvey, known to se to be
the person whose new s subscribed to the foregoing instrument, and,
having been examined by awe privily and apart from her husband. and hav-
ing the same fully explained to her, she, the said Mrs.
Harvey, acknowledged such instrument to be her act and do", and dool-Fid
that she had willingly signed the saw for the purposes and consideration
therein expressed, and that she did not wish to retract it.
Given under zW hand and seal of office this day of ,1947,
Notary M611c ra ad for
Nusoes County. Tax".
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STATE OF TEXAS
COUNTY OF HURCES
BEFOn IMa the undersigned authority, on this day personally
appeared H. H. Alien. City Manager of the City of Corpus Christi. Texas,
]mown to me to be the person whose nsme is subscribed to the foregoing
instrument and acknowledged to me that he executed the sale for the
purposes and consideration therein expressed, in the capacity, therein
stated am as the sot and deed of said City.
Given under my hand and seal of office this the day of
. A. D. 1947-
o. ■ enntgy. exact
$LCTION 2. The necessity for establishing air facilities
at Cuddihy Field and the necessity for receiving revenue to be used
for the upkeep of said field, creates a public emergency and public
imperative necessity requiring the suspension of the Charter rulo that
no ordinance or resolution shall be passed finally on the date it is
introduced and that such ordiva:s.ce or resolution 2hall be read at
three several meetings of the City Council, and the iv)ayor having
declared that such public emergency and imperative necessity exist,
and having requested dial; such Charter rule be suspended, end that
this ordinance be passed finally on the date of its introduction and
take effect and be in full force and effect from snd after its passage,
I'T iS A,:CO-LDIeCLY ju ORDAls L.
P1;StiED i i i rF:ttiiV i this day of ,
A. L. 1947.
City of Corpus Christi, 'Texas.
ATTu6T.
cretary
I PAOVFD AS TO LEGAL Ft)zdi:. I
- City Attorney \ --
Assistant City Attorney
Co us Christ', Texas
,23 , �94Z
TO THE i:UM i H$ OF Ti P CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the
foreLoinij ordinance, a public emergency and Unparative necessiCy
exist for the suspensioxi of the Charter rule or requirement -chat no
ordinance or resolution shall be passed finally on the date it is
introduced, and thcL such ordinwice or resolution shall be read at
three meetings of the City Council; 1, therefore, hereby request that
you suspend said Charter rule or re,,uirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of
the City Council.
Rospecti'ully,
City of Corpus Christi, Texas
The C larcer rule was suspended by the folloiAng vote:
eVesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. H. henry
Joe T. Dawson
The above ordinance was passed by ie follovwinL vote;
4esley �. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
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