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HomeMy WebLinkAbout02250 ORD - 03/30/1948Aid OHDDWICE NO. 2250 AUTHORIZING AND DIRECTING T113, CITY 1:'e"TAG,2 OF TII CITY OF CORPUS C'iTi'.ISTI, TEXAS, TO =, CUTE FOR AND ON HLtLu,F OF SAID CITY A LEASE COIT- TRACT WITH FRUIT B041L 30TTLI1TG COILTAe'Y, IL. COVERING BUILDING No. 602, LOCATM AT CU➢DILY FIELD, NUECEs COUNTY, T ,AS, !Z0 DECIiu?ING AP? .l, TdCY. 3v IT CY,DAIa;D BY T1 CITY" C0 ?CTL OF 1,1s CITY OF CG_sUS CHRISTI, Tb7.A5: SECTION 1. That the City rSanager of the City of Corpus Cnrisbi, Texas, be and he is hereby authorized and directed to execute for and on behalf of said City a lease contract with Fruit Bowl Bottling Company, Inc. covering Building No. 602, located at Cuddihy Hold, Piueces County, Texas, a copy of which contract is attached hereto and rade a part here- of and reads as follows, to-o;it; 'x,56 STATE CP TSSAS 1 ca= or N CES # This agreement made and entered into this the day of A.D. 191 , by and between the City of Corpus Christi, Texas, a mnicipal corporation, hereinafter celled "City" and Fruit Bowl Bottling Company. IM.. s Texas corporation with its principal place of business in Carpus Christi, Texas, hereinafter called 'lessee ". N 1 T M$ S S E T The City of Corpus Christi, Texas, does by these present& lease and demise unto the said Fruit Bowl Bottling Cmpaay. Tao.. Lessee, the following described premises, to -wits The building knows as the public Fiorks Maintenance Building, same being Building No. 602, located at Cuddiby .Field, Nwoes County, Texas, for the term of ons (1) year. said lease beglur.4— the _`_ day of A.D. 191, and ending the _ day of , S.D. 194j the Lessee is to pay therefor the am of Fifteen Hundred Dollars ($1500.00) for the year, same to be paid in monthly inatallments of One Hundred end Twenty -five Dollars ($125.00), said monthly install- ments 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 same day of each succeeding month thereafter during the term 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 -sit, for operating a sort drink bottling plant. 2. Lessee agrees not to sub -let the leased premises or any portion thereof. j. No additions or alteratiome *hall be made to the premises without the consent of the City in writingi and any and all improvements placed on said premises which are movable may be moved by the Lessee at the expiration of this lease, subject to paragraph numbered 4 hereof. 4. The lessee agrees that it will take Lood care of the property, its appurtenances and all personal property furnished in connae- tion therewith, and suffer no waste, and shall keep the said premises, appurtenanoee and personal property in good repair at its own expense, and at the and or other expiration of the tare of this lease, shall deliver up the demised premieres appurtenances and personal property in good order and condition, as some are now in, natural wear and tear and damage from the elements only excepted. In connection with the personal property or removable fixtures Losses agrees that the ss®e nay be reduced to an inventory at a later data which will be attached hereto for all pertinent purposes. 5. The Leases agrsee to pay for all utilities used at the promises leased by it. 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 same in Order to determine whether the terms of said lease are being observed and carried out. 7. Lasses agrees not to use said premises for any illegal or immoral purpose. and agree to oanform to s11 the laws of the State, the United State., and all rules set out by the City }Sanger. of the City of Corpus Christi. Texas, for the operation of the leaned premises. 8. Unless otherwise provided for under paragraph numbered 1 hereof, the Lasses shall not permit omit, vinous or alcoholic beverages in the demised prssisssi and will not permit smoking in any place where such would be a fire hazard and will at all times display "No Smoking" signs where designated by the Airport manager or City Fire Depas'twant. 9. The lessee shall promptly execute and fulfill all the ordinsnose of the City of Corpus Christi applicable to said premises as If Same was located in the City limits of the City of Corpus Christi. and all orders and rsquirementa imposed by the Board of health. Sanitary and Police Departmwnta, for the correction. prevention and abatement of nuisances in, Upon, or connected with said premises during the tam of this lease at its om expense. 10. losses is to have the option to -- this lease at the expiration thereof for such terms and considerations as may be .agreed upon by the City. 11. The Lessee further &&rasa that in mane of any default in any of the covenants and conditions of this leans, the City my enforce -2- She performance thereof in any modes or manner provided by law, and my declare 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 remove all persons therefrom, without being doomed guilty of any manner of trespass and without prejudice to any rowediss for arrears of rent or breach of covenant, or the City, its agents or attorney, may resuma possession of the premises and re -let the sees for the remainder of the term at the beet rent they may obtain, for account of the Lasso.. who shall make good any deficienoyl and the Lessor (the City) shall have a lien as seceirity for the rent aforesaid, or any rent due and unpaid under said lease, upon all goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are now located on said premises or which may be placed on said promises by the Lessee, which lien shell be cumulative of the statutory lien created by law and In addition thereto. 12. The Lessee 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 concoction and Lessee shall at ell times use the premises in such a manner as nct to endanger the property leased. 13. Lessee agrees that in the event that death or injury odours to any person or loan, destruction or damage occurs to any property in connection with the mol t.nanoe, operations or repair of the leased promises and the facilities covered hereunder, occasioned by the act or omissions of the Lessee, its agents or employees, the Lessee agrees to indemnify'and save harmless the City from and against any lose, sx- panes, claims or demands to which the City may be subject as the result of such demands, lose, destruction or damage. 14. The City shall not be responsible for damages to property or injury to persons which may arise inaidaut to the exercise of the rights and privileges herein granted. 15. Lessee further agrees to keep and maintain in full force during the terms of this lease liability insurance policies in the sea of 0 ) Dollars and property damage in the sun of ($ ) Dollars to indemnify and saes harmless the City and the United States Goverment against any emposse, chime or demands for the death or injury of any person or loss, destruction or damage to Goverment property occasioned by the operation of the leased property for the use and ocoupanoy of same, which policies shall not contain subordination clause which could in emy way enmmber the said City or the United States of America. 16. However, it is expressly understood and agreed by the pbrties hereto that this lease is subfeot to the lease between the United State. 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, permitting the use of United States Navel Auxiliary Air Station. Cuddi)W Field, Corpus Christi. Texas. or a portion thereof and this lease is contingent on such lease from the Uovernment and the terms thereof& and all rights of the Lasses herein arm subject to the terms of said lease from the United States '3overnment, 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 otmagee of the rights of this Lessee by virtue of any action taken by the United States of America or their agents under aforesaid lease. 17. And in the event for any reason said leas. between the United States of America and the City of Corpus Christi is terminated 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 he liable in any wormer for damages of any nature for such termination of this lease by virtue of the termination of the lease between the City and the United States of America or by virtue of the surrender of the leased premises to the United States of America by the City of Corpus Christi. CITY OF CORPUS CHRISTI. TEXAS ATTESTs BY City Wager city secretary APPROVED AS TO LEGAL FORU: FRUIT BOWL BOTTLING COMPANY, IBC. Assistant City Attorney By ATTEST: President STATE CP TMM COUNTY OF NUBS p. - BHFW Mg„ the undersigned authority, on this day personally app eared H. B. Allen, City Wanagsr of the City of Corpus Christi, Texas, known to no to be the person chose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressedo in the capacity therein stated and an the act and deed of said City. Owen under cy head and seal of office this the _ day of . A. D. 19LF I.t.ry P en or usoes County, Texas STATE OF TEXAS GMTY OF IMES 88FCN8 M@. the ooderaigned authority. on this day personally appeared Dr. Marls Smith. President of the Fruit Bowl Bottling Coe¢say, lno., known, to m to be the person whose name is subscribed to the fore- going instrument and acknowledged to m that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said Company. Oi- under ay hand and seal of office this the _ day of . A. D. 194 Notary Public in and for Nusces County, Texas SECTI01S 2. The necessity for properly maintaining Cuddihy Field and the necessity for securing rev- for such maintenance creates a public emergency and public imperative necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or reaolu� ion shall be read 'at throo several meetings of the City Council, and the Yayor having declared that such public emergency and imperative necessity exist, and 'having requested that such ;). arter rule be sus- pended, and that this ordinance be passed finally on the date ai its introduction and talce effect and be in full force and effect from and after its passage, IT IS ACCUDINGLY Su GRDAIN2i. P9SSED UID AzT11,MD this day of A. D. 1942 City of Corpus Christi, Texas ATTEST: `City�c ary _V I) Al / /TTO LEGAL FORT:, C� ' 1 torney� Assistant G7 Attorney Corpus Christi, Texas o , 191± TO THE P. MFRS Or T�d] CITY COUNCIL Corpus Christi, Texas Gentlemen; Vor 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 solution shall be pessod i' Wally on tiro date it i introduced, —d that such —di— or solution shall be read at three meetings of the City --il; 1 nccrefore, hereby request 'chat you suspend said Oiiarter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. .Respectfully, `,AYGR — City of Corpus Christi, Texas The Charter rule was suspended by the Pollcwinc vote, :aesley E. Seale George R. Clark, Jr. Joann A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by j. following vote: 4esley 3. Seale George R. Clark, Jr. John A. Ferris PL. R. henry Joe T. Dawson a�5a