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
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