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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. -f2- 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. -3- 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. -4- 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". -5- 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 ZZOZ