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HomeMy WebLinkAbout02203 ORD - 12/23/1947ATd O17DINAhCE AUTHORIZING AND DMOUTING 'i=i CITY P?li: "AG R OF THE CITY OF AI&U5 C1iIiISTI, TM V3, TO MCUTE FOR AND Old BEHAU OF SAID CITY A L3ASL CONTRACT :aI'T,J W. A. PHILLIPS, PHILLIPS TRAINING SULCOLS, COV11RING PAOFi:RTY LOCAT.eIll la CUDDItiY FIh'Lll, !vUBCB6 COUN'T'Y, TEXAS, A31D DEC1,kLi1 dG AN :;JERGENCY. BE IT UhllAIN. &D BY 'TFE CITY OOMI? IL 01' THi; UITY Ol' 0010JS C:al,M, TEXAS: S;EC'TIOA 1. That the City Manager 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 Go-,' tract with — A. rhillips, rhilliys Training Schools, covering property located at Cuddihy Field, Nueees County, 'Texas. a copy of which contract is attached hereto and made a part hereof and reads as follows, 'Lo -wit; -Z203 ffAT8 (F TRW Cassrr or aauaVU This agreee a made, had entered into this the day of . A. U. 197, by end betseen the City of Carpus Christi• Tows, a nssAaipal corporation, herslaaft r called "City" and 95. Ae Phillips, Phillips TreiniM sobools, have Aa ter called "Lessee ". wlr$uaSETE The Citr of Corpus Christi, Tans, does by these presents leas• and devise unto the sold Wo Ae iU114*,, d/a,/a Phillips Traiain� Schools, Loaners the follossiaL described premises. towits SWe l and 3 of the building known an the Warehouse* some beiad Building, XQ* 601 losated at CuddW Fields. Now" CMAY, Texas, ror the term or caw year, said lease bes' -dzg the day of A. D. 1947, and endin6 the day of • 1946s the losses is to ply therefor the sum of Two Thousand 746ht rflundsed and ' i&W Dollars ($2,8W.00) per years soma to be paid in monthly installments of $040,00 per month, said ssmthly installments to be paid each month is advanoes V* first to be paid on the first eftective date of this lease and a JL= i=tallmorat an the erase day of each succeeding month thereafter during the term of said lease. subject to the rollori g oanditions and oavenau'tsa 1. It is understood and agreed that the leased promises are to be used for the followimr, purposes oaly, to -wits for vocational trainin seticol end the things inoident thereto. 2. Losses agrsms not to sublet the leased premises or any portion thereof. je No additisms or alterations •tali be made to the prodses -without the consent of the city in writings and any aril all improvements placed an said promises which ass movable say be moved by the lesser at the eViration of this lease. subject to par'agaph mobered 4 hsre©f. 4. The Logo" agrees that be -rill tame good oars of the property, its agpurtenamoss and all personal property rurniehed in oommoolSen thesssith, and suffer no waste, and shall keep the said promises, appur4wn*mra and personal pa -perky in good rwpair at h" asn saapenes, sad at the obi or other expiration of the 'bran of this Issas thail deliver up the demised promises. apps and personal prop' in good order crud condition, as same are nor IA. natural wear and tear and damage from the elements ocly excepted, In coamectian wits► the personal property or removable fixtures Lassoes agree* that the sass may be reduced to an inventory at a later date which will be attaohsd loreto for all pertinent purposes* 5. The I.erasae s47we6 to pay for all utilities used at the promises leased b�, hims fro The city mo r"s the right to enter the said premises at arW time during the existenss of this lease for the purpose of inspectiz the sales in order to determine whether the terms of said lease are brie, observed and oarried out, 7. Lasser agreed not to use said premises for mw illegsl or immoral purposes and agrees to conform to all the Saws of the state, the united skates, NA an melee set out I' the City Moutger of the City of Corpus Christi, Texas. for the oporation of the leased promises. 8. '7uless otherwise pravided for undar parograph acmrbsred 1 heroes the Losses shall cart permit malt, vinous or alocholic be. raVes in the demised promisess and will not permit smddng in WW place where such would be a fire hazard and will at all times display "No Backing" sigrss ulare desi &mtod by the Airport Imager or City Fire Department. g, The mwoe shall promptly sae cute aaa .fulfill all the ordiumoss of the City of Corpus Christi applioaKe to said prmdAw M it some was located in the City limits of the City of Corpus Christi, and all hers acrd requirements Imposed by the .Board of Health, unitary end Polioe Departments, for the cosreatica, prevention and abatement of mriawuws in. upon, or oonnested with said premises during the term of this lease at his ease expense. -9- " Lasses is to have the option to ramars this Lease at the expiration therect for such torms arai oonsiderations as MW be agreei upon by the City. llo The Leasse further agrees that in case of mW default is any of the covenants and conditions Of this leap, the City my "tam the parfoswanoe thereof' in any modes or aanwr provided tV laws and my declare the lease forfeited at its disoretion, wid it, its agents or attorney shall have the right, without further notice or demand, to re -eater and remove all porscaaa thereframo Without being deemed guilty of &W munar of trespass and without prejudice to wW remedies for arreara oC rout or breach of cot, or the City, its agents or attorneys =W resuao possession of the procises and re-let the saran for the remainder of the tam at the best rant they tsgy obtain, for aeocnsnt of the Lessee, Who shall malts good SAW defioiensyg and the Lessor (the City) shall have a lien as security for the rent aforesaid, or any rent due and unpaid under said lease, upon all goods, wares, Chattels, iMPlaoents, fixttizoo, furniture, tools and other personal property Which arc now located on said promises or Which may be placed an said premises by the Lessee, Which lion shall be cnoulative of the statutory lion created by leas and in addition thsroto. 12. The Lpsse shall atone no materials or supplies in or about the said prains which will inerreae the firs hassrd or institute an vnueaal risk in that connection and Lasses shall at all times use the premises in such a asuaw as not to endanger the property leased* 13, Lesaa agree$ that in the event that death or Injury occurs to sW person or loss, destruction or damage occurs to say property in concoction With time umintOnOW100o opere6lom ear repair Of the lamed prsaiaes and the facilities covered herecmder, occasioned by the act or missions of the Lasses. hie agents or employees. the Lasses sgrw 4 to indemnify and save harmless the City from and against aeq loss, m pesgs, claims or demands to which the Oily may be subject as the result of such demands, loss, destrvation or damage. -3" " lbr City shall not be reepanaibie for do=Wa to property or JVJJW7 to pereohse Vhieh aye anise incident to the exorcise of the rights and privilages herein granted. 15. lasses further agreed to keep and maintain in full force du ing the twos at this Lase Uability insurence policies in the am of_ �m,� ($ 00 o o j Dollars rmi property dosage In the am of A I JS R , n v o o } Dollars to ladmity and save harmless tho City and the United Mates Covarsmeat against -W expense, claim or demands for the death or Injury of m;W person or lose, destruction or damage to government property occasioned by the operation of the leased property for the use and 000upanq of same, vrhiloh policies shall not co%tain a subordination clause which could in atWmW ear this said City, or the United States of bmerica► 1$. 3 wnr, it is wWressiy rmderstood axed 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 bureau of Yards and Dook&, acting under dirootiom of the 3eoretaryr of the Navy, and the City of Corpus Christi, permitting, the use of united States 'Navel xusiliary Air Static%, CuddPW Field, Corpus Christi, Tea. cr a portion thereof and this lease is contingeAt an such lease from the Covornmeut and the term thereof, and all rights of the Losses lerei% are subject to the firms of said lease from the Etsitod States Governaetrt, and it is further agreed that the City, is not to be liable in arse namer, for damages of arse nature, for ahW termination of this lease or a W changes of the rights of this losses s by virtue ,00ff mW action taken by the united States of Amorita or their agents W aforesaid lease. NXneuted in duplicate this the day of s A.D.1947. CITY OF COMIS C ISTI, TVU ATifSTs IV city Marlaw APPROM AS TO LMAL VCRMs Pull. VR MAININC SCHOOLS By COUNTY OF NUMBS 'M3. ME, the undersigned authority, an this day personally appeared wo Owner of Phillips Training Sahlss kmm to mss person who" am is subscribed to the fwevi% instrument and aaknooledgadt to me that he ammuted the wear ror the purposes and consideration therein expressedo in the sapsoii{y therein stated and apps the asst s.�adydead of said F�hRi3,liipb '�iy�5n„i-riin7;� Johools• t V,Z under dtV hand sad seal o orfilo'i -Uu the � of . A. 'D.. 1917. moury o, e GWARY, STATE OF TE U COUffn or NUMBS � BEFOm mE, the umosersigaed authority, on this dap persomal2r appeared rL if. lllsu, Wity E'arzaar of the City of Corpus ChriCti* Texas, Imam to sae to be the person whose nsese is subscribed to the foregoing Instrument and aol owled&ad to rw t-At Sae executed the sane for the purposes said oonsidaration therein expressed* in the aapa4V therein stated st:A as the not and deed a4 sac 4 City. Gl'v2 "e under nay d:snd and seal ui ofrioe this the dyy of a A. D. 1%74 aryl 6, s COVIty. . SECTION 2. The necessity for establishing air facilities at Cuddihy ;Meld and the necessity for receiving revenue to be used for the upkeep of said field, creates a public emer5ency and public imp::rative necessity re�.uirint, 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 shell be read at three several meetings of the City Council, and the j:iayor having declared that mach Dablic omzrguncy and L,iperative necessity exist, and Having r !,uested nat -ch Charter rulo oe suspended, a-id tmL this ordinance ue pass.:d finally on ciio dace its - i.cruduct ..n C -ad take effect and bo in full form ihd 1'i ct from any. =ft ^r its par.saoe, iT 16 ACL;O,WiD!GLY : 0 this C�z day of i A. D. 191 4. City of Corpus Christi, Texas. XIT .sST : ' / Cit vll � i.:PPROVED 13 TO LEGAL FORM. City Attorney Assistant City Attorney Corpus Uhristi, Texas 194,E TO Tii3 Or 'T -_aL UI'TY UOUNCIL 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 resulution 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 Gliarter rule or requirement and pass tais ordinance finally on the date it is introduced, or at -ihe present meeti% of the City Council. Respectfully, 157 11 Gw V Iti�14a'R —Z City of Corpus Christi, Texas lite Charter rule was suspended by the following vote: Aesley s. se,ale George R. Clark, Jr. John I,– Ferris il. R. iienry Joe T. Lawson The above ordinance was passed by e following vote: tiesley ;. Seale George R. Clark, Jr. John A. Ferris R. R. henry Joe T. ijawson 2203