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