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HomeMy WebLinkAbout02694 ORD - 01/24/1950API ORDINANCE - AUTHORIZ ➢3G AIID DITIM -IT.iG THE Cry MANAGER OF THE CITY OF CORPUS CHRISTI, WXA5, ^10 E%3CU ^.8 FOR AND OIJ BEHALF OF SAID CITY A LZASE CON".'RACT WITH CUDDITfnjAKwGS S'2UA °.f; D9 ?:CE CLU3. CO7vRING PILOPF,RTY BETTG TH3 A-4 VEIG OF BUILDING 606 AT CUDDIHY FIELD, id'JECES CO'Ji]TY, TMIS. AND DECLARING AtZ °J{ZRGEJCY. BS IT ORDAIiSaD 3Y THE CITY COUNCIL OF TH'S CITY OF CORPUS CH3ISTI, 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 said City a lease contract with Cuddihymakers Square Dance Club, covering the !U wing of Building 506, Cuddihy Field, Nueces Countr_T, Texas, a copy of which contract is a *,cached hereto and made part herea£ -d reads as £ollorrs, to-wit: e al�q� STATE OF TEXAS COUNTY OF NUECES { This agreement made and entered into this the_dgy of JjyyW A. D. 11L by and betrreen the City of Ccv pns AMW Christi, Texas, a municipal corporation, hereinafter called "City" and of Nueces County, Texas, hereinafter called "Lessee ". V7 I T N E S S E T H: The City of Corpus Christi, Texas, does by these presents lease and demise unto the said C=I8AUMS SOM UAWR am Lessee, the following described premises, to -wit: CIE ZU14 M"" Om ?OUR OuddDW for the term o£ said leas. beginning the_,,,_day of slam OXFOR w.►.., ..,. , A. D. a and ending the_jWbday of D&SMpM , A. D. 1950; the Lessee is to pay therefor the sum of TW S31UM TWIMI 1,M AM � �� for , same to to be paid in monthly installments ofd (1W) 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 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 -wit: Bqw" 8 end $21d1 r OffbertRiaimq r4strieUd *0 US MUNIOM of VO *AdL1qWkm Agwre Ds Olub 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. 3. 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. B. Unless otherwise provided for under paragraph num- bered 1 hereof, the Lessee shall not permit malt, vinous or alco- holic 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 cove 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 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. lj. 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, expanse, claims or demands to which the City may be subject as the result of such demands, loss, destruction or damage. 14. The City shall not be responsible for demagos to property or injury to persons which may arise incident to the exercise of the rights and privileges herein granted. - 1§. Lessee further agrees to keep and maintain in full force during the terms of this lcaso liability insurance policies in the sum of—to 2HOURM AW 8f!/h"" - Ibliars and property damage in the sum of Dollars 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 person 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 encumber the said City or the United States of ',mariOa. 16. However, it is expressly understood and agreed by the parties hereto that this lease is subject to the lease between the United States of :,meriaa, represented by the Chief of the Bureau of Yards and Docks, acting under direction of the Secrotery of the Navy, and the City of Corpus Christi, permitting the use of United States Naval :auxiliary Air 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 ==or, for damages of any nature, for any termination of this lease or any changes of the rights of this Losses 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 torminated in any manner or in the event said lensed premises are turned back over to the United States of America by the City of Carpus Christi, then this lease is to terminate as between the parties herste and the City is not to be liable in any manner for damages of OW mature far such termination of this leap by rictus as the termina- tion of the lease between the City end the thited States of America or by virtue of the surrender of the leased promises to the United Staten or America by the City of Corpus Christi. 1% Notwithstanding wW prevision hereof regarding the terse of this lsasesit is agresdthat,upon thirty (30) daps written notice, either the Lessor or tb• Lessee may terminate this agreement upon the delivery of said notice in compliance with all the other provisions and obligations of thin contract. Upon. the ezpiratioa of said period of thirty (30) days after said notice this lease shall be deemed terminated and of no further force and offset. CITY OF CORPUS CHRISTI, MIAS ATTEST; RY B. 031116F. city zaagur city M.-Atary APPR(FED AS To SE GAL FUM city raw A N D CUDDIVALMMS SQUARE DANCE CLUB By ATTEST: its TEL STATE OF TEIAS COUNTY OF RUEUES MORE MR. The undersigned autharity. on this day personally appeared known to me to be M person whose asps Is sus arego ag tru- nant and acknowledged to an that he executed the ease as +bm act and dead of for the purposes awl eousideratim tharol:a .gross in stated. GrM UNDER W KUM AND SEAL GF CN'FICE This day of A.H. 1950. rw • ire SEC;_OST 2. The necessity for creating and receiving revenue to be used for the upkeep of said field, creates a public anergency 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 introduces and that such ordinance or resolution shall be passed finally on the date it is introduced and that such ordnance or resolution shall be read at three several meetings of the city council, and the Layer having declared that such Charter rule be suspended, aid that this ordinance be passed finally on the date of its introduction and to :e effect and be in full force and effect from and after its passage, 1'P TS ACCO,RDIOGLY So ORDtil1D , POSM) MTD A1P40 J3D''his). 4--day of January, A. D. 2.950 :,etas • City of Corpus Christi, Texas ity Secretary APPRO'PO AS '20 h- '-),AL -YCMT: Ci y ttorn nCorrpus Chrri7s(tji, Texas �J -, 1949 1'0 THE lA®(HEBS OF TEE CITY CODBCIL U Corpus Christi, Texas Gentlemen; For the reasons not 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. Bespeotllally, City of Corpus Christi, Texas The Charter rule was suspended by the ibllowing vote: Leslie Wasserman 4L Jack DeForrest` Barney Cott /�iLpl Sydney S. Herndon nnn George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman Avgq