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HomeMy WebLinkAbout02251 ORD - 03/30/1948AN ORDINANCE 2251 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF SAID CITY A LEASE CONTRACT WITH R. S. MORE AND F. A. HALL, JR. COMING PROPERTY LOCATED AT CUDDIRY FIELD, NUECES COUNTY, TEXAS, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 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 the City a lease contract with R. S. More and F. A. Hall, Jr. covering property located at Cuddihy Field, Nueoes County, Texas, a copy of which lease contract is attached hereto amd made a, part hereof and reads as follows, towritt C��i STATE OF TEXAS coUrr of $4RCR8 This agreement made And entered into this the _ day of January, A. A. 1946, by and between the City of Corpus Christi, Tom", and F.A.Hall, Jr, a municipal corporation, hereinafter called "Citeand R. S. goy. of xumoes wunty, Texas, hereinaftar termed "lessee ", w 1 T X s S e E T a The City of Corpus Christi, 8bxas, does by these presents d F. A. Hall, Jr. less* aid demise unto the said R. 6. Roreeniessee, the following des- oribed premises, to -wit* SR one -half of hangar Ho. 651, located at Cuddihy Field in Nueces County. Texas, together ooacreie sprees adjacent and adjoining thereto dsscri'wd ae followas Hein& roatw4ular in shape Beginning at the center dividing line at the m'g and of said hangar, tame* UE 130 feet for .....r; thence .i 190 feet to end of accurate apron} t:.eece :. 1,85 feet for oorneri ttonae R'S 1y0 feet for cornerl t:,enoe ;�a 150 fast to dividing line of said hangar at the in end of same for the tors of owe year, said lease beginning the let day of Januery, A. D. 1,j4b. and ending the 31st day of �— *mbar, A. L. 19163 the lasses is to pay therefor the am of Three Thousand Six Hundred i.,ollars ($3,600.00) per year, seem to be paid in monthly installsents of $300.00, said monthly icatallments to be paid each tenth in adveaos, the first to be paid, ou the first effective date of the lease. and a like installment on the same day of each suoueeding month thereafter during the term of said lease, subject to the £olloeing conditions and oevenantas 1. That the Leases shall pay the rant in advance as aforesaid, as the same shall fall duo. p. It is understood mad agreed that the leased premises are to be used for the following purposes only, to -wits for aircraft storage, s¢les, mainteeance, operations. schools and similar aviation aotivitl.. in conaec- -tion with sad pertinent to the above stated usage. Said premises are not to be used for any other purposes then times herein specified, without the consent of the City in writing. 3. It Lessee engages in flying training# charter service or operating ocaweroially for hire, reward or profit, he agrees to pay to the City in addition to the annual rental of $3600.00 not out above* an operation charge which shall be paid as folloss; $150.00 for each six months period for one airplane; if second airplane is used, it may be operated froa of ortra charge to esaeet and $5.00 Par month is to be charged for each additional airplane over two# the operational charges for the first plane to be paid each wiz months in advance; the charge or .00 pun pl -no for each plane over too is number fa to I— paid monthly +n LLa-Ja1Ca. 4. if t+w ossaa aeliz vasoliuw at :eased prunisea in oon- auction with use of aana. tiou in such diem Losseo agroea _o pay the City the sum of tuo cents ($.02) per gallon for the first five thousand (5.000) gallons of gasoline sold on the leased promises; and one cent 0.011 per gallon for each gallon over five thousand gallons sold on the premises, same to be payable on the I'.th lay of each month following the sale, during the term of this lease, it being understood that this rental based on the sale of Gasoline is to be in addition to the rental charge heretofore mentioned in this agreement. 5. It is further understood sun agreed that in the event a portion of the premises herein leased are nub- leased oy the Lessee to be used as office space, then and in such event, the less" agrees to pay the City the sum of 10% of the gross amount received from such sub- lesese for the nub- lease, said amrnmt to be in addition to the rental. hsrein- above set out. 6. Lessee agrees not to sub -let the leased premises.or any por- tion thereof& except as under the terms of this contract for the purposes set out, rithout the consent of the City in writing. 7. No additions or alterations shall be made to the premises without the consent of the City in writings and it is expressly agreed that all permanent additions or alterations made by the Lessee shall become the property of tae City. -2- 8, The !.""a agrees that he will take good sere of the pro- perty and its appurtenances, and suffer no Waste, and shall keep the said promisee in food repair at his cas expeaee. and at the and or other .zpiration of the tern of this loans. shall deliver up the deai.ed pra- nines in good order and condition, as saes are now in, natural Wear and tear and damage from the elements only excepted. 9. The Lessee agrees to pay for all utilities used at the premises leased by him. 10. .t is further understood en: agood that tie right of in- greas wid uprose is reserved by the Le-or (the City) herain, for the use of its employees and the gonernl public, to allow t'iem to.enter hangar Yo. 651 for the purpose of vieitirz t!ia office of the ' rport uanager and the control toter. 11. The City reaerves the right to enter the said premiaee at ay tirm during the existence of this lass. for the purpose of inapectin,, tho anie in order to deto dno whsthcr the terra of said lease ere being, observed and carried out. 12. The price. charged for things sold on the premises by the S.easao shall at all times be rwasamable, and not exhorbitant, and com- parable with prices charged for the same articles at similar places in the City of Corpus Christi. 13- The :asses sLr..s.to take good care of all movable equip - anta fixtures and property of say nature, furnished by the +,'ity, and will keep sane in good repair at his own expanse, and at the expiration of the term of the lease for any cause, shall - deliver to the City all of such movable eq.ipiaant. fixturoa and x11 goparty of aqv nature. is goad order and condition, as same is now in, reasonable wear end tear only excepted. The Losses further agreed to be responsible for wW of au-.h movable equipment, fixtures and property, and in event same or a part thereof is lost, stolen or destroyed, Lea." I. to replace Wald property. in its same state and condition, as same was in when turned over to Latest. An inventory of all personal properties and equipment furnished by the City to saes" is to be made at a later deft and oigaed by Losses and the Airport Manager 8r the City, acme to set out a deserip- tion of the property and equipment and the condition of much, it being understood a copy of aams is to be attached to this lease agreement and is to become a part thereof for all pertinent purposes. Ili. lasses further agrees that he mad all his employees &hall abide by all rulem and regulations as set out by the Airport Manager and the City of Corpus Christi, and the maid employees shall remain on the pramiaes of the Lassos at ell times, unless their offioiml duties require utlwrwioc, uad that they rill use only the toilets u•.d washrooms designated for ! ;he Les... and him cmployecs. 1;. the Lessee shell not permit melt, vinous or alcoholio bevera-es in tho damised premises; and will not ;wrmit emokine in any plaoa whore such would be a fire hazard u:_,: will at all tine display "90 3 —king" sign w re do.ibnatad by tho irport :5P=Ler or City Fire Department; Lessee Further a&ress to paints dope, store inflammable materialm, weld, or oarry on auy activity tiuct ui"ht be a :ire hazard. only is too— places designated by the Ji.y Fire 'Marshal. 16. The Lean.. .hall promptly esacute end fulfill all the ordinances of the City of Corpus Christi applicable to said premises, and all orders ano requirements imposed by the ;ioard of dealth, Sanitary and Polio* Departments, for the correction, prevention and abatement of nuisances in, upon, or oonnooted with said premises during; the tam of this loss@ at his own expense. 17. lessee: further agrosm to keep and maintain in full force during the terma of this lease liability insurance policies in the aura or ($ ) Dollars and property damage in the am of (q ) Dollars to indemnify and nave harmless the City and the United States Government against any expense, claims or demands for the death or injury of any person or loss, destruction or damage to Government property oeossioned by the operation of the leased property for the use and occupancy of same, whioh policies shall not contains subordination clause which could in an may encumber the said City or the United states of Amerioa. 18. However, it is es:pressly understood and agreed by the parties hereto that this lease is subject to the lease between the United States of America, re »resented by the Chief of the Bureau of Yards and Jocks acting under direction of the Aeerotsry of the Wavy, and the City of Cor- pus Christi, permitting the use of United ^tubes Naval uxiliary Air Ration, niddihy °Said, ::.rpus Christi, Tex", or a portion thereof and this lease is cortin;ent on such lease from the 3 sernment and the terms thereof, and all rights of the Lessee herein arm subject to the terms of said leas. fr., the ''nit.d "test.. f:overn..3ut, and it is :'urt'ii agreed that the: Oi -,y to not to be liable in any mnner, for dan. ros of any nature, for any tsrtination of this leaso or an y o_' tLo ri„hcs of this ; oaseo by 71 ttie of m-t action ta!:cn s, : -eo Tzi itod %Ltss o_" :`,aorioa or their ¢dents under aforesnid loss.. lie. 'fho Sessee further agrees that in case of amp default in any of the covenants and conditions of this lease, the City my enforce the n.rf.mince thereof in aepr ;sodas or ,- provided by la:a, uu! may declare the leas. forfeited at its discretion, =d it, its rgenta or attorney &hall have the right , without further notice or dem d, to re- enter and ronove all persons therefrom, without being deemed guilty of any manner of trespass and without projudi.ce to any remedies for arraare of rent or breach of oovenant, or the City, its agents or attorney, may "Bum possession of the premises and rs -lot the gems for the remainder Of the term at the best rent they may obtain, for account of the Lessee, who shell make good any deficionoyl and the Lessor (the CiV) shall heve n lien as security for the rent aforesaid, or any rent due and unpaid under said lease, upon all goods# wares, chattels, implements, fixtures, furui- tune, tools and other personal property which are now located on said premises or which may be placed on said premises by the Lessee, ahioh lien shall be cumulative of the statutory lien oreated by law and in addition thereto. 20. And in the event for any reason said lease between the United States of 'meriea and the City of Corpus Christi is terminated in any manner or In the event said leased promises are turned back over -5- to the United state- of Amsriea by the City of Corpus Christi, then this lease is to terminate as between the parties hereto and the City is not to be liable in any manner for daseagea of m:y astute for such termination of this lease by virtue of the termination of the lease between the City and the United C3tates of I—rica or by virtue of the surrender of the leased precisos to t w 'Ihited "ta`,ss of imrioa by the City of Corpus Christi. CITY cr, CORPT;� C'RffsTI, TFjasi 13Y ATTliliT: City Manager City Soomtary �yZy ;1 +. arney Assistant City A torney ;masse STATS 0 TI=6 COUNTY OF NUNES Q Before me, the undersigned authority, an this day personally appeared 5. S. More, Swam to me to be the person. whose name is subscribed to the Pore,oing instrumont and .:.he- aokamaledged xo me that he executed the same for the purposes and consideration therein expressed. Given under nV hand and seal of office this the ` day of A. D. 1948. Notary Public, aces County. T exas STATE OF TEXAS Q COUNTY OF NUECHS Q Before me, the undersigned authority, on this day personally appeared F. H. Allen* City .Manager of the City of Corpus Christi, Texas, known to ma to be the person whose name is subscribed to the foregoing instrument and acknowledged to sew that he executed the mama for the pur- poses and consideration therein expreased., in the capacity therein stated said se the act end deed of said City. Ghee under ny hand and veal of office t,lm the ` day of D. 1948. Notary Publio. ueees County. T exa2 STATE OF TUAS 2 CMNTY OF HUICSS f Before soo the undereignad authority* on this day personally appeared 9. A. Hall. Jr, known to ss to be the person whose rise is subscribed to the foregoing instrusent and acknowledged to me that he executed the sass for the purposes and consideration therein expressed. (;two under my hand and Beal or office this the _ day of A. N 1948. cry Mile in end for ,--a County, Texas. SECTION 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 impera- tive necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is intro- duced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this ..� day of A. D. 190. City of Corpus Christi, T� zas. ATTESTi y ao erg APPROVED AS TO LEGAL FORMi a s r—y y Attorney Corpus Christi, Texas 1948 TO THE AeOMERS OF THE CITY COUNCIL 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 resolution shall be passed finally on the data 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 Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respeotfully, ?J ,J City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale _ George R. Clark, Jr. John A. Farris R. R. Hoary Joe T. Dawson The above ordinance was passed the following vote; Wesley E. Seale George R. Clark, Jr. John d. Ferris R. R. Henry Jos T. Lawson as51