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HomeMy WebLinkAbout02599 ORD - 09/20/1949AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO MMOUTE FOR AND ON BEHALF OF SAID CITY A LEASE CONTRACT WITH W. A. PHILLIPS, DOING BUSINESS AS, PHILLIPS TRAINING SCHOOLS, COVERING PROPERTY BEING BUILDING NO. 601 LOCATED AT CUDDIBY FIELD, NOECES COUNTY, TM j AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi, Texas, be and he is hereby authorised and directed to execute for and on behalf of said City a lease contract with W. A. Phillips, doing business as, Phillips Training Schools, omring property being Building No. 601 located at Cuddiby Field, Nueoes County, Texas, a copy of which contract is attached hereto end made a part hereof and reads as follows, to- it. STATE OF TEXAS COUNTY OF NUECES This agreement made and entered into this the day of A. D. 1949, by, and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City" and of Nueces County, Texas, hereinafter called "Lessee ", -W I T H F 5 "S E T H: The City of Corpus Christi, Texas, does by these presents lease and demise unto the said ji� VMUSO_ yam/„ Leased, the following - described "premises, to�wit: Al" A Mt 4t *A b Jm fit we I" �R �i aw it 1fef0�A f6 ddY1� *AiM dos*I for the term of one year, said lease beginning theme -day of A. D. 1949, and ending the_10ok-day of A. D. 19$0; the Lessee is to pay therefor the sum of for a year, same to be paid in monthly installments of per month, said monthly installment 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 sucodeAling 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 -wit: g#,V,,WOjMM" Said premises are not to be used for any other purpose than these herein specified unless consented to by the City in writing. 2. Lessee agrees not to sub -let the leased premises or any portion thereof. j. No additions or alterations shall be made to the premises without the consent of the City in writing; 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 good care of the property, its appurtenances and all personal property furnished in connection therewith, and suffer no waste, and shall keep the said premises, appurtenances and personal property in good repair at its own expense, and at the end or other expiration of the term of this lease, shall deliver up the demised premises, appurtenances and personal property in good order and condition, as same are now in, natural wear and tear and damage from the elements only excepted. In connection with the personal property or removable fixtures Lessee agrees that the same may be reduced to an inventory at a later date which will be attached hereto for all pertinent purposes. 5. The Lessee agrees to pay for all utilities used at the premises leased by it. 6. The City reserves the right to enter the said premi- sea 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. Lessee agrees not to use said premises for any illegal or immoral purposes and agrees to conform to all the laws of the State, the United States, and all rules set out by the City Manager of the City of Corpus Christi, Texas, for the operation of the leased premises. 8. Unless otherwise provided for under paragraph num- bered 1 hereof, the lessee shall not permit malt, vinous or alco- holio beverages in the demised premises, 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 Air- port Manager or City Fire Department. 9. The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premi- ses as if same was located in the City limits of the City of Corpus Christi, and all orders and requirements imposed by the Board of Health, Sanitary and Police Departments, for the correction, pre- vention and abatement of nuisances in, upon, or connected with said premises during the term of this lease at its own expense. 10. Lessee is to have the option to renew this lease at the expiration thereof for such terms and considerations as may be agreed upon by the City. 11. The Lessee further agrees that in case of any default in any of the covenants and conditions of this lease, the City may enforce the performance thereof in any modes or manner provided by law, and may 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 deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or the City, its agents or attorney, may resume possession of the premises and re -let the same for the remainder of the term at the best rent they may obtain, for account of the Lessee, who shall make good any deficiency; 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, implements, fixtures, furniture, tools and other personal property which are now located on said premises or which may be placed on said premises by the Lessee, which lien shall be emulative 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 connection and Lessee shall at all times use the premises in such a manner as not to endanger the property leased. 13. Lessee agrees that in the event that death or in- jury occurs to any person or loss, destruction or damage occurs to any property in connection with the maintenance, operations or repair of the leased premises and the facilities covered hereunder, occasioned by the act or omissions of the Lessee, its agents or em- ployees, the Lessee agrees to indemnify and save harmless the City from and against any loss, expense, claims or demands to which the City may be subject as the result of such domands, loss, destruction or damage. 14. The City shall not be responsible for damages to property or injury to persons which may arise incident 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 sum of ' (ft"006C*) – -- Dollars and property damage in the sum of PbO thOUNWA (I%IXMhG® }is..Dollers to indemnify and save harmless the City and the United States Government against any expense, claims or demands for the death or injury of any parson or loss, destruction or damage to Government property occasioned by the operation of the leased property for the use and occupancy of same, which policies shall not contain a subrogation clause which could in any way ene mb.r the said City or the United States of - erica. 16. Hawevor, it is expressly understood and agreed by the parties hereto that this lease is subject to the leas. between the United States of :aorica, represented by the Chief of the Bureau of Yards and Docks, acting under direction of the Secretary of the Navy, and the City of Corpus Christi, permitting the use of United States Naval - .uxiliary :sir Station, Cuddihy Field, Corpus Christi, Texas, or a portion thereof and this lease is contingent on such lease from the Government and the terms thereof, and all rights of the Lessee herein are subject to the terms of said lease from the United States Government, 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 changes of the rights of this Lessee by virtue of any action taken by the United States of America or their agents under aforesaid lasso. 17. And in the event for any reason said lease 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 be liable in any manner 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 leaved premi- ses to the United States of America by the City of Cor pus Christi. CITY OF CORPUS CHRISTI, TEXAS ATTEST: q4�0 BY City Manjor City Secretary APPROVED AS TO LEGAL FORM: City Attorney STATE OF TEXAS COUNTY OF NUECES [ appea�-aaxu!.FFnnpa��. ME, the undersigned authority, on this day personally rs, City Manager of the City of Corpus Christi, Texas, ]mown to me to a :�eperson whose name is subscribed to the foregoing instrument and acknowledged to me 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 City. Gi n under my hand and .seal of office this the %d � of -� A. D. 1949• /�1fJlJ,l® G °O N -t6 �� a N aces o ry Public in an or ueces County, Texas STATE OF TE9u1S COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared ti jr , known to me to be the person whose name is au scribed to t e foregoing instrument, and ac- knowledged to me that he executed the same for the purposes and con- sideration therein expressed. Given under my hand and seal of office this day of , A. D. 1949• Notary Public in and for Nueees 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 publio emergency and public imperative necessity requiring 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 shall be passed finally on the date it is introduced 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 re- quested that such Charter rule be suspended, and that this ordinance be passed finally on the data of its introduction and take effect and be in full force and effect from and after its passage, IT IQ 4CCORDINGLY SO ORDAINED. PASSED AND APPROVED thfs-9,6Odgy of September, A. D. 1949. TEST: i-by acretary City of Corpus Christi, Texas �Z,AS TO LEGAL FO tto Corpus Christi, Texas , 1949 TO TSE =1BERS OF TEE CITY COUNCIL Corpus Christi, Texas Gentlenens For the reasons set forth in the emergency clause of the fore- going 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 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 Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR City of Corpus Christi, Texas The Chu rter rule was suspended by the following vote: Leslie Wasserman Jack DaForreat Barney Cott Sydney E. Herndon George L. Lawman The above ordinance was passed by the following vote: Leslie Wasserman Jack De Forrest Barney Cott Sydney S. Herndon George L. Lowman^ 5co