HomeMy WebLinkAbout02696 ORD - 01/24/1950AN ORDNANCE
A-G 'HORIZING AND DTREC'�DG THE CITY TSANAG&f
OF T"g CITY OF COR$GS CIM32I, TE=AS, TO
='CUTE FOR AND ON BEHALF OF SAID CITY A
LEASE CONMACT {T271 T.LP.GIL G. H STON,
COY&HI G Pi;OPi:i.TY BiABIG TiE -.4B s OF
S—FLDIl' 653, j,( J, AT CUDDIHY rjI) LD,
;U 3;S CCU-id__Y, .' -1WS: Ai') D,3CLARIiNG AV
DE I';' ORDALNED BY THE CI "'Y COMQIL CF THE, CITY OF COPPUS CEml ;TI, TaD'AS,
SECTIOiN 1. That the City Manager of the City of Corpus
Christi, Tsxas, be and he is hereby authorized and directed to execute
for and on behalf of said City a lease contract with 7irgil G. Heston,
covering property being the HE Jr of building 6533 located at Cuddihy
Meld, idueces Comity, Texas, a cony of irhich contract is attached
hereto and made a part hereof and reads as follo✓-s, to -resit:
A0�
VAts OF TRUE
qty MV NUBUS
We VZOM agedo aed entered into MIA tho # ay of
a.ta. 1950, by end Wtown toe ativ of awras eeristi,
Tomas, it nrlrl47 eerparatAaa, bereimaftor called ~slay" and 9:WIL 0.
EMM, L#1Nr..t two" III. Tome. houdm ftrr Balled ■Leos«•.
1 I S 1 1 8 8 3 s Hs
The City of Corpus ebristia Tozas, due by those presents lease
and dowiae sate the add PIVIL G. HNSM Leelse. tko foU,eoing dssarlb,-
ad ptowiseiy te.idts
2be Nara - &.Self (1/2) of the Southeast
a0 -half (1/2) of Hear 1e. 6% lasted
d tod3ilg' Mold in Imams CoozdV, Tomas.
tegathar uttk soe&rete arms adjawat sad
aitjalntng t)meeelo ssl dssor bsd as follow,
DMIMr 0 la a paint an the Sertk 1140
of uid longer. saAd paint b&tng egsurl
diaienos bet oss the Baatksast of
said hangar sad Us Garth wet and of
e+�aa
T =M 1 150 fset to cursors
sir I a 190 loot to oarasrf
2MM B 252 flat to scene"
TMM w to the boater divtdlsg
line of the Southwest and of add banger:
for the torn of firma swaths, odd 1"" begitoing the lot dry of Avinmeey
A.D. 19% and ordine the 310t dq of fur, 1.8. 1950= the iwesea is to
pmgo therafer the saw of M TRIAMM SIX bAWM AIM DOUAN (#1.6r0J) par
010Van saanibs. Kass to be paid ins &*My lvtalixonte of 5190.006 said
nontUr i- taU%Mbz to be pasd seek south is adsazds, tin first to be peld
0o the first affootin date of the lsassa W a uk. Snetalissat oa the sawo
day of sack 80006"Ing wawth *barnaf%r during till tars of said law. ato-
jut to she following oandltima and sovoumstas
1. shat the tsars Alan pSy the rest in adtaaae ea aforesaid,
as the acme shall fall dus.
P. It it =Worst*" amd agreed that the leased promises are
to be used fell the faalleidng purpasoo M4, to-wit. for IrwLft stwngr,
sales+ aperatiaeit, sobsoU and sisllar aralatlu ertivitloo
In oono$otim with mod partinnot to the sheen stated usage. Bid promise
an net to be used for Aw other patpesol than 'these 3Spsia opeoitled,
sithawt US o4&ant of the City in Vriting.
j. If the Lessee sells gasoline at leased premises in con-
nection with use of same, then in such event Lessee agrees to pay the
City the sum of two cents ($.02) per gallon for the first five thousand
(5,000) gallons of gasoline sold on the leased premises; and one cent
($.01) per gallon for each gallon over five thousand gallons sold on
the premises, same to be payable on the day of each month follow-
ing the sale, during the term of this lease, it being understood that
this rental based on the sale of gasoline is to be in addition to the
rental charge heretofore mentioned in this agreement.
4- It is further understood and agreed that in the event a
portion of the premises herein leased are sub - leased by the Lessee to
be used as office space, then and in such event, the Lessee agrees to
pay the City the sum of 10% of the gross amount received from such sub-
lease for the sub - lease, said amount to be in addition to the rentals
hereinabove set out.
5. Lessee agrees not to sub -let the leased premises or any
portion thereof, except as under the terms of this contract for the
purposes set out, without the consent of the City in writing.
6.. No additions or alterations shall be made to the promises
without the consent of the City in writing; and it is expressly agreed
that all permanent additions or alterations made by the Lessee shall
become the property of the City.
7. The Lessee agrees that they will take good care of the
property and its appurtenances, and suffer no waste, and shall keep the
said premises in good repair at their own expense, and at the end or
other expiration of the term of this lease, shall deliver up the demised
premises in good order and condition, as same are now in, natural wear
and tear and damage from the elements only excepted.
B. The Lessee agrees to pay for all utilities used at the
premises leased by them.
9. It is further understood and agreed that the right of in-
gress and egress is reserved by the Lessor (the City) herein, for the
use of its employees and the general public, to allow them to enter
Hangar No. 651 for the purpose of visiting the office of the Air-
port Manager and the control tower.
10. The City reserves the right to enter the said premises
at any time during the existence of this lease for the purpose of in-
spotting the same in order to detormino whether the terms of said lease,
are being observed and carried out.
11. The prices charged for things sold on the premises by the
Lessee shall at all times be reasonable, and not exhorbitant, and com-
parable with prices charged for the same articles at similar places in
the City of Corpus Christi.
12. The Lessee agrees to take good aura of all movable equip-
ment, fixtures and property of any nature, furnished by the City, and
will keep same in good repair at their own expense, and at the expira-
tion of the term of the lease for any cause, shall deliver to the City
all of such movable equipment, fixtures and all property of any nature,
in good order and condition, as same is now in, reasonable wear and tear
only excepted. The Lessee further agrees to be responsible for any of
such movable equipment, fixtures and property, and in event some or a
part thereof is lost, stolen or destroyed, Lessee is to replace said
property, in its same state and condition, as same was in when turned
over to Lessee. An inventory of all personal properties and equipment
furnished by the City to Lessee is to be made at a later date and signed
by Lessee and the Airport Manager for the City, same to set out a dea-
cription of the property and equipment and the condition of such, it being
understood a copy of same is to be attached to this lease agreement and is
to become a part thereof for all pertinent purposes.
13. Lessee further agrees that he and all his employees shall
abide by all rules and regulations as set out by the Airport Manager
and the City of Corpus Christi, and the said employees shall remain on
the premises of the Lessee at all times, unless their official duties
require otherwise, and that they will use only the toilets and washrooms
designated for the Lessee and his employees.
114. The Lessee shall not permit malt, vinous or alcoholic
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 Airport Manager or City Fire
Department; Lessee further agrees to paint, dope, store inflammable
materials, weld, or carry on any activity that might be a fire hazard,
only in those places designated by the City Fire Marshal.
15. The Lessee shall promptly execute and fulfill all the ordi-
nances of the City of Corpus Christi applicable to said premises, and all
orders and requirements imposed by the Board of Health, Sanitary and
Police Departments, for the correction, prevention and abatement of nuis-
ances in, upon, or connected with said premises during the term of this
lease at his own expense.
16. Lessee further agrees to keep and maintain in full force#
and keep in the offioe of the Airport Manager.
during the terms of this lease liability insurance policies in the a= of
.� m�M amp Dollars and
9i)8I '1H�a�, Yim r ani � �y�we�l_� —_ - _ — _
property damage in the sum of FXM ISODE iD ( QT.�QQ:„..+,..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 per-
son 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 subordination clause which could in any way
encumber the said City or the United States of America.
17. However, it is expressly understood and agreed by the
parties hereto that this lease is subject to the lease between the United
States of America, 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 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 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.
18. The Lassee further agrees that in case of any default in my
of the oovenaats and conditions of this lease, the City may enforce the
part emae tbersat in am wade or aaaasaer P%wided 17 Ise, >IMI nq
the lease ferfaitad at its Alm"tlon. and it. its soaft,or atlosnW, shall
haft tree right. without f4rtber motiae or dewaad, to � rsaW" all
persaw tberefros,- without being dsaaed guilty at WW-4/ of trespass and
witboat :pmjwdise to arp remedies for arrears of rant or brsash of eawaswt,
or tho Lltyr, its agents, or attorwey, mg resume ps00e01en of '130 Ptah",
and zmfUt the sums for the mmwAdsr of the term at the best TO",tbq NOW
obtain.. f R' waeswmt . of the less". who -bail wake good mxW defia , swd:
the LosSor (the City) sbali have a lien as seoarity for the rent aferessids
or wW rest due and unpaid under said lease, upon all &Gods. warms, ohat�
tell' fmp:anents. fizta ma. furniture. tools and other pmrswsal properi7F
which -are new loaatadoc said premises or whims, wq bum placed on said preal-
ass by the. Lane". whisk lien shall Ae granulative of the e#stetory lien -
created by law and in addition thereto. .
19. And in the avast for may reason said Iaase, between the
United States of Aserima and the City of Corpua Christi is terminated in
mW manner or in the event maid leased presses are turned book over to the
united States of America by the City of Corpus Christi, than this lease is
to terminate as between the parties hereto and the City i,e not to be liable
in a'oy manner for damages of any mature for each termimptian of this Imams
by virtue of the terwlnstion of the lease between, the United States of
Awerima and the City at by virtme of the surrender of thin leased praftisea to
the Gaited States of Amariaa by the City of Corpus Christi. -
20. Notwithstanding any provision barasf regarding the terns of this
lease it is agreed that upon ninety (90) days written natime either ttw 1441-
mar or the Lasses mq terminate this agmmut upon the deliver of said natioe
is sompUmmse with all the otbar- provisions and obligations of. this aantramt.
Upon the expiration of said period of ninety (90) days after sash notice this
lease shall be donned terminated and of no further fordo and affect,
Tim Cli7 OF corpus Colon -
ATPBSSs my city r
a
AFFAMM AS TO LEGAL F=s - -
City RTR%W— A ND
me
CODAS (IF woom
TF�BIt �. 1[QM = kw all ood � � i lW. �l R i po ;p�
person whose 00 is mobsuribod to the
foredoiag iastrereet sad aslms4edpd to wo that be swsested the sass for tlo
PurPG"$ *04 00941dsration tb ndu expr**oe41.
ONO MU $ AM AND M94L OF CFFIM6 Phis ay of Jaammy. A. D.
19, ,;x.
STATE OF TESAS
COLTS OF A VMS
BEFORE V6 the =dsrsSgced aathw ilW. nos this dq por—&Uy apps
W. Da Collier. City M-Msr Of The City of Corpo* Christi. Tamsa, known. to os
to b* the pereas whose seas is subserihsd to the fob and moks .
11541644 is m that be accseuted the seas far the purposes and consideration therein
expressed., is the *vp,%%ity tbaMa state4 and ea the set and ded ur *aid City.
r-rnM MW Mr BARD AND SEAL OF OFFICE Tbis the ceder of January. A.D.
1950.
NUTW MW In and or Nuems .
Texas
SUCTION 2. The necessity for extablishing air facilities
at Cuddihy Field And the necessity for receiving revenue to be used for
the upkeep of said Yield, creates a public emergency and public imperative
necessity reTairing 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 Litrodaced and that such ordinance or resolution shall be read at
three several meetings of the City Cuuneil, and the 'Iayor having declared
that such public emergency an dinperative necessity exist, 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 ACCCPJL•�f LY 30
ORDALiID.
PASSED AidD APPROVED This %f day of January, A. D. 1950
;SA'.'OR
City of Corpus Christi, Texas
TES "ySecre
ary
A P ?3C' AS TO LaiAL 20"':
I
Ci y Atto
Corpus Christi, Tema
. 1949
TO THE 1fEAiBEBS OF THE CITY COOHCIL
Corpus Christi, Texas
Gentlemen:
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 00=oil; 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,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above ordinance was passed
by the following votes
Leslie Wasserman
Jack De Forrest
Barney Cott
Sydney E. Herndon
George L. Lowman
`0 q W