HomeMy WebLinkAbout02679 ORD - 01/03/1950AN ORDINANCE
AUTHORIMIG JNND DIB CTING TEE CITY YAANAGER
OF TBE CITY OF .CORPUS C3RISTI, TFSY.AS, TO
MOUTH FOR AND ON B-'HALF OF SAID CITY A
LEASE COUIRACT WITH Y. A. PHILLIPS, DOING
BUSINESS AS PHILLIPS TRAINZEG SCHOOLS,
COVERING PROPERTY BEING BUILDING ITO. 602
LOCATIE) AT CUDDIAY FIELD, K'SECES COUNTY,
TEXAS -AND DECLARING AN E6u�'1t GiMCY.
BS IT ORDAIITF.D BY TIE CITY COUNCIL OF TF_' CITY OF CORPUS CHRISTI, TM's-
SECTION 1. That the City )Im&ger of the City of Corpus
Christie Texas, be and he is hereby authorized and directed to execute
for and on behalf of said City a lease contract with W. A. Phillips, do-
ing business as PHILLIPS TRAINING SCHOOLS, covering property being Build-
ing U.. 602 located at Cuddihy Field, Fueces County, Texas, a copy of
which contract is attached hereto and made a part hereof and reads as
follows, t—itt
M�
STATE OF TEAR& �.
COUNTY OF NUECES
This agreement made and entered into this the_'&day -ot
_ A. D. by and between the City of Corpus
Christi, Texas, a municipal corporation, hereinafter called "City" and
W. A. pan- *TM• dba pSIISin TLLM 6 BOND=
of Nueces County, Texas, hereinafter called "Lessee ".
W I T H E -8 S E T H:
The City of Corpus Christi, Texas, does by these presents
lease and demise unto the said A. phillip44. sgnU.. gi,,lnin BsL.s1.
Lessee, the following described �tiremises, to -wite,
1silAl,ag 1e. 602. Ieo.t t ub Cu wu q 81.14 "Osa OOVZV• T=8
for the term of one year, said if asp beginning the day of
ia7eaass A. D.` and ending thet'day of
D.t�sbs A. D. t950; the Lessee is to play therefor
the sum of -BTE gam',, F= ➢W.LLULO (0960)...tr ......
II'' i
for a year, same to be paid in &.nthly installments of
per month, said monthly install�ent to be paid each modth i$ advance,
the first to be paid on the first effective date of this lease and a
like installment on the same 4 of each succeeding month thereafter
during the term of said lease, subject to the followin� conditions
and covenants: _
1. It is understood`and agreed that the lead premise'
are to be used for the followif purposes only, tc-witl
Va"tion l tra 4mg a.he.i end tu. Vd4 in.UWM*
tnar.t..
Said premises are not to be used for any other purpose 1han 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.
ii
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
oonnection 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 and 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-
ses at say time during the existence of this lease for the purpose
of inspecting the some 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. -
B. Unless otherwise provided for under paragraph num-
bered 1 hereof, the Lessee shall not permit malt, vinous or aloo-
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 time 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-
sed as if same was located in the City limits of the City of Corpus
Chriati,, and all orders and requirements imposed by the Hoard of
_ - Health, Sanitary and police Departments, for the correction, pre-
veation and abatement of nuisances in, upon, or connected with said
promises 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 tome 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 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 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 my 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,
000asioned by the act or omissions of the Lessee, its agents or em-
ployees, the Lessee agrees to indemnify and save harmless the City
fro n. -and against any lose, expense, claims or demands . to -which the f4*
may be subject as the result of such demands, loss, destruction or d-g}ge.
14. The City shall not be responsible for damages to propWV
o�r aiijury to persons which, may arise incident to the exercise of the
rig# tad privileges herein granted.
15. Lessee further agioes to keep and maintain in full force
during the terms of this lease Liability insurance policies in the am
of =mum (010,M) .« _.. Dollars and
property damage in the am ofPM 41 5� �.w,....w. Dollars to
indemnify and save harmless the Pity and the United States Government
against any expense, claims or demands for the death or injury of any
person or loss,, destruction or dsmago to Government property occasioned
by the operation of the leased property for the use and occupancy of same,
which policies shall not containA subrogation clause whieh could in any
way encumber the said City or the United States of zeriom
16. However, it is e;tpressly understood and agreed by the
parties hereto that this lease is subject to the lease between the
IInitod States of %',marioa, 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 luxiliaxy .fir 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 W 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 lease.
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 _
F barat"WA va air is act tLa be 11444 in arr saw far demos
at aw 'foie for ssah torminnuan of this loose by vtrtm of 00 tam.
altos or the lsaeo hsteeean tbs Citr a" the Oultsd 8imtoe of Aertm or
by virtee of the surrender of the leased pranisem to the IDii.trd &Cates of
A-Kea by the £tty of Carpus MM"ti.
I& fiotad#ketrmdtag my prevision 4arow roghrdiag the terse of
this lases it L agraad that open, aiasigr (90) A" within VA too OLVW
the Loeser or the Lomas* sp texmigato this agrsesest apom the dellvary
of sold notice in compliance ei-bh an the ather provisions and obligations
of this contrast* UPmk the szpirattcm of amid period of ninety (90) "
attar smeh motSas this ]acres shall be deemed meted mad of no i1mawr
for" and offset.
ATTRfiTe
APPEOM As TO LEGAL FaM
TIN STATE OF Tsus
an OF Owes CHRISTI, Ts=A8
L2SSBS:
Phillip9 TralydJac Sobmalm
COuTl CF xmw=
SEP= ID6 the understgmed authority, a, this 4W pal spp,,"
068i.TiE, City 6011W of the City of Cerpas Chrisu. Tsxms, kasmmi to s
to be the PbrOft Amos aakmwledg that heatowtsd the nu as the met and � OLty
and "' the porpasas _ and — 014eratian therelaa=prese -4 end in tie sspacitr
therein stated.
- GUM HE= IM MM AID EFAL OF W= This UW of
to STATE OF Tun
OX9M 1®, US — derelgood autharlir, an this day porsomaur appoorsd
W. A. PHILLIPS ( :ollass A. Pbi114M) 4bM, Phillips Trainiag Schnook, kmsm to
sm, to be the peraem shoos nos is vaboortbod is the fogageift instroomt, end
aehamsledged to se that he emscuted the soo ter the purposes aid aomgl&ora-
tiara therein ampresssd. -
GITO WHE WI zM AND a" OF OFFICE This _dq of
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 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
threeseveral meetings of the City Council, and the Mayor having declared
that such puolic emergency sadimperative necessity a.dst, and having re-
quested 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 ACCORD111GLY SO
CRDAI:Pn'D.
PASSA) XTD APf.'W4M This 3-1sy of January, A. D. 1950•
,.0 pCity of Corpos ua Christi, Pexas
City Secretary
APPROVED AS ^0 IEGAL FORM.
City Attorngy
-
Corpus Christi, Texas
TO THS 1(WERS OF ME CIPY COONCIL
V 1949
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergenoy 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 Cbunoil; 1, 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.
Ltespeotfully,
City of Corpus Christi, Texas
The Chaster rule was suspended
by the folloo�wing vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above above ordinance was passed
by the follo��wiiing vote:
Leslie Wasserman
Jack DeForrest
Adoe
_ Barney Cott
�r
Sydney E. Herndon
/n1...
George L. Lowman