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HomeMy WebLinkAbout02550 ORD - 07/05/1949A:? Oi,DIt,'ANdCE iiti L:.�.IZING A?D DIRECTD7G _T17G CITY KCIAG'R TC n.CU72 9 01TUCT FOR ?d'ID 01, BU_ «`iL. 0 'M CITY ':Vi_H THE ,TNITED STATES OF 12RICA LEASIIG .,m 225 SJ.0 -°3E FEET Or LV-D LOCATED AT CLIFF ISUS AMPORT TO BE .USED BY CIVIL AERONAUTICS ADT,=IS— ATIOR AS A1T AIR CO:MITIOn IISG CONT_OL T[k4`'•:.? WIT SITE; A-77, DEOLhP.T_.QG AN E?:T,.1tGENCY. 3E IT CnU,1111ED HY = CITT -Y CCUNCIL OF TEE OTT" W, CCRTUS C:L:TSTT, TE„FS: SECTION 1. The. the City ?.aneler 01' t::e City of Corpus Clsist , Texas, is hereby authcrieod and directed to execute a Contract for and on behalf of the City with The United States of Arerica., leasing apprm:inatoly° 225 square feet of land located at Cliff Taus Airport to be used by Civil Aeronautics Ad.:inistration as can. air ocnditioning control two r unit site, said- lcese being for a terra of one year, a copy of said contract being attached '_-.ereto and _ade a part hereof. x550 J =%11.1— FWM ACA 419 IU -Ae dLy th nClvlla 8 Ae n ti Administrati") (Revised Tenoary 7- IW4) DEPARTMENT OF COMMERCE CIVIL AERONAUTICS- ADMINISTRATION _ WASHINGTON - Airway,. Site No. ftin *01116% • X01060 (fie Air LEASE + between !IM ��► � O�IIM �� '�1Oi and THE UNITED STATES OF AMERICA �L 1. This LEASE, made and entered into this day of in the year one thousand nine hundred and by and between whose address is for heirs, 'executors, administrators, successors, and assigns, herein- after called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The lessor hereby leases to the Government the following described premises, viz: A NOW of lad rift lilt tot sogja VOM&W nth "a "now look Im % !� Y at sw "me two pot low*" 4a GUN '>a" A lrowbo swm*' feftwj, . (b a"WANNO 11th sobb" 1*. 44"904). Together with the right to the Government and to the public to land and operate aircraft thereon; And a right -of -way for ingress and egress to and from the premises; a right-of-way or rights - of -way for establishing and maintaining a pole line or pole lines for extending electric power, tele- phone, and telephone typewriter facilities to the premises; and rights-of -way for subsurface power, communication and water lines to the premises; all rights -of -way to be over the said lands and adjoining lands of the lessor and, unless hereinbefore described by metes and bounds, to be by the most convenient routes; And the right to establish and maintain beacon lights and other lighting equipment, radio, and other; facilities, for communication and signaling purposes; and other facilities land. equipment for the guidance and operation of aircraft; And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the premises,.and the removal: of all obstructions, from the premises -which may constitute a hindrance or hazard to the operation of aircraft or to the establishment and maintenance of air navigation facilities; 3. To HAVE AND To HOLD the said premises with their appurtenances for the term beginning oft 30 Ift and ending with am 3% W 4. The Government shall not assign this lease in any event, and shall not sublet the demised premises except to a desirable tenant and for a similar purpose. 5. This lease may, at the option of the Government, be renewed from, year to year at a rental of and o erwiae upon . e rms and conditio herein s� i$ed, pirovided notice be given in writing to the lessor at least days before this lease or any renewal thereof would other- wise expire: Provided tha -no ewal thereof -shall extend the period of occupancy of the premises beyond the day_oE 19 6. The lessor shall furnish to the Government, .during the, occupancy of said, premises, under the terms of this lease, as part of the rental consideration, 'the 'following: 7. The lessor shall not, during the term of this lease erect any structures on the premises, nor use nor allow the use of the said premises in'any?manaer without the -written consent of the Depart- ment of Commerce, Civil Aeronautics Administration. 8. The Government shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect additions, structures or signs „in or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon or attached to the said premises shall. be and remain the property of the Government:and may be removed therefrom by the. Government upon; ,. the termination of this lease or within 90 days thereafter. 9. The Government shall pay the lessor, for the premises, rent at the following rate: so � t � 44 .1161321i”, '�efi't's a�eac 0: � � & be admitted to any share or part of this lease or to any benefit to arise therefrom. ` Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of j such corporation or company. i- �a- Jfaeoa -i F­ ACA 418 6ovd aad t 8tendard Foem No. 2 As aodidad fox use by the CSVil _.._._._ ..... Aeronautics Adminiekatiha) .. (Revlaed 7nly al, 1948). - - (Sheet 2) o IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage dated against the above - described premises, the undersigned hereby consents to the foregoing lease and agrees that if, while the lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. By THE - UNITED STATES OF AMERICA, !I?OTtffQ.g88. Lessor. (If lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary) I' - -- - -- -- - - - - -- — __ —__, certify that I am the ---- - - - - -- _ Secretary of the corporation named as lessor in the attached lease; that _ who signed said lease on behalf of the lessor, was then __ _________ —_ _ _ of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. . - – - --- — __PORPOPATEJ ae— zeaw -a — ^�- -- L SEAL INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE 1. This form of lease shall be used by the Department of Commerce, Civil Aeronautics Admin- istration, in the leasing of sites for air navigation purposes. After proper execution by the lessor, the lease shall be submitted in quadruplicate to the Department of Commerce, Civil Aeronautics Administration, for acceptance by its contracting officer. 2. The lease shall be dated and the full name and address of the lessor clearly shown in article 1. The premises shall be fully described in article '2 and the area shown. The location by refer- ence to county and State, shall also be shown. 3. Whenever the lease is executed by the attorney, agent, or trustee on behalf of the lessor, three authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor, shall accompany the lease. 4. When the lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 5. Where the lessor is a corporation, the lease shall be signed with the corporate name; followed by the signature and title of the officer or other person signing the same on its behalf, duly attested. The corporate certificate on page '3 of the lease shall be properly filled in and the corporate seal affixed. If the corporation does not have a seal, that should be stated on the certificate. 6. Whenever the lease is executed by an administrator or executor on behalf of an estate, authenticated copies of the appropriate court order or probate certificate, evidencing his appointment as. such by the court having jurisdiction over the administration of the estate, shall be attached. Real estate ordinarily vests in the heirs or devisees of the deceased owner and the fact that an execu- tor or administrator has been appointed does not necessarily authorize him to lease such property. Therefore, in addition to furnishing evidence of the appointment of -the executor or administrator the authority of the executor or administrator to lease such property shall be shown by the furnish- ing of (a) an authenticated copy of an order of the court having jurisdiction over the administra- tion of the estate; or (b) a certified copy of an extract from the laws of the State where the prop- erty is located, with citations of the statuteb extracted; or (c) an authenticated copy of the pro- bated will, if any. 7. If in connection with the use of the leased premises, the lessor is agreeable to furnishing as part of the rental consideration certain facilities and /or services, other than personal services, or is agreeable to granting any additional rights and privileges not specifically indicated in the lease, provision therefor shall be made under article 6. 8. If the premises are mortgaged the "Subordination of Mortgage Clause" shown on page 3 shall be filled in and signed by the mortgagee. If the premises are not mortgaged, the word "None" shall be indicated in the space provided for the signature of the mortgagee. 9. If in addition to the mortgagee, there is any other person having an interest in the premises, his or her written approval for the use of the premises by the United States for the desired pur- pose shall be indicated on the lease. 10. There shall be no deviation from this form of lease without prior authorization by the Director of Procurement, except— (a) The first paragraph, page 2, beginning "Together with," may be deleted if the prem- ises are not to be used to land and operate aircraft. (b) Article 3 may be drafted to cover a monthly tenancy or other period less than a year, if desired. (c) In article 5 if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "from year to year" may be deleted and proper sub- stitution made. If the right of renewal is not desired or cannot be secured, article 5 may be deleted. (d) Additional provisions, relating to the particular subject matter that may be mutually agreed upon, may be inserted, if not in conflict with the standard provisions. 11. When additional provisions, relating to the particular subject matter that may be mutually agreed upon, are inserted or when necessary deletions or other alterations are made before the signing of the lease by the lessor, notation shall be made in the blank space following article 11 to the effect that they were made before the signing of the lease; if made after the-signing of the lease, they shall be properly initialed by the lessor. 12. If the property leased is located in a State requiring the recording of lease in order to pro- tect f-he tenant's rights, care should be taken to comply with all such statutory requirements. SEOTIUN 2, The necessity for providing adequate facilities for the users of Cliff Haus ;Urporb creates a public emergency and pub }ie in perative necessity requiring the suspension of the Charter rule that me ordinance or resolution shall be read at three several r_eotings of the City Ccunoil, and the L?ayor ha-:ring declared that such public emergency and imperative necessity exist, and basing requested that such Charter rule be suspended, and that this ord.inauce be passed finally m the date .2 its introduction and take effect and be in full force and effect from end after its pass ge, TT IS ACCO?,T) .GLI SO CPLDAIi-L. '.'uSSi'D .d'D ,. �:C's'D �_'iis 7� ns,;, of July, A. D. 11� i• TTEST: Ci y .,ecre aty 101170'E'D AS TO LEGAL LOS;._: ;I-cy Auzarn.y City of Corpus Christi, Texas Corpus Christi' Texas July ,j 19q TO TIM =TMU OF =I CITY COUNIL Corpus Christi, Texas G.rtiemn, Far the reasons set forth Ln the ener"emcy clause of the °cre- ,oir,e ordirance, a public ever -Toney and imrorat-o-c ncoossity exist for the zusnonoior of the Cnarter rnla or that no c,0r_­,Ico or resolnticn shall be oassed PInall, on the date it In and that such cr1iIo­e — resolution C' all be read rt tIrlee of the C-Ity Cetz-!!; !, Acroby request that you suspend ­_r! Carter rv,10 or recuromnt and pass t1i.'. f_'z,lly on tHo !amto it is intro- duced, or at the present neeti__o -, "A'e city Council. Res ,"ot-L'I ly XI Cite .2 Corpus Christi, Texas 7!1� Charter rule was s,snsnd.d by the fIIov,IIL %,.to: Loslia -ass.—em joo� DeF.rrest Sydney 7. -.:­ncon Loman The ab ere ordi.,, oe VaS �LS,C o- tj fe' I —4 vote: Lenlie Do7orre"t 32,rney Cott --nd.r, corZ. L. Lo=an 9550