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HomeMy WebLinkAbout02728 ORD - 03/21/1950AN ORDINf:NCE NO. AUTHORIZING AND DIRECTING TEE CITY MANAGER FOR AND ON BEHALF OF TIE] CITY TO EXECUTE A LEASE AGREEMMIT 'ffITH J. T. IYWIN ON THE NORTHEAST quanR OF HANGAR N0. 652 LOCATE) AT CUDDIBY FIELD IN NUECES COUNTY, TLUS, FOR AIRCRAFT AND AVIATION ACTIVITIES FOR TITS TER16, CONSIDEILLTION, AND 'UNDER CONDI- TIONS SET OUT IN SAID LEASE AGREEMENT, A COPY OF E IICH IS 1A DE A I'ART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF TIM, CITY OF CORPUS CHRISTI, TEXXAS: SECTION 1, That the City Manager be, and he is hereby, authorized and directed for and behalf of the city to execute a lease agreement with J. T. Irwin on the Northeast 1/4 of Hangar No. 052 located at Cuddihy Field in Nueces County, Texas, for aviation activities for the term, consideration, and under cer- tain conditions as set out in said lease agreement, a copy of which is attached hereto and made a part hereof, to -wit: 27zg March 8, 1950 - A STATE OF TEXAS � COUNTY OF NUEC&S This AGFaMNT Made and entered into this the day of March , A. D. 195 Q by and between the City of Corpus Christi, Texas, a municipal cor- poration, hereinafter called "City" and .lp-, T. Irwin , Lessee, of Nueces County, Texas, hereinafter called "Lessee ". * I TN3SS.9THs The City of Corpus Christi, Texas, does by these presents lease and demise unto the said doe T. 'rain Lessee, the following described premises, to -wits ?northeast quarter of Eangar No. 652 located at Cuddihy Fti.ald i.t hueces Co=t,,,, Taxae, torathttr rdth concrete aprods oWJJ en,!t aicd adjaiais? taarato, for aircraft storage, sales, maintenance, operations, schools, and similar aviation activities, for the term of ogle year , said lease beginning the 19th day of 'ebruaryA. D. 195_4 and ending the 18th day of Febroanr A. D. 195 the Lessee is to pay therefor the sum of l +ughteen 'Fiftored noila£s 1$00.00) for the term of this lease, same to be paid in monthly installments of $ 150.00 , said monthly installments to be paid each month in advance, the first to be paid on the first effective date of the 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 covenantss March 8, 1950 - A 1. That the Lessee shall pay the rent in advance as aforesaid, as the same shall fall due. 2. It is understood and agreed that the leased premises are to be used for the following purposes only,to+ wits in connection with and pertinent to the above stated usage, and similar activities. Said premises are not to be used for any other purposes than these herein specified, without the consent of the City in writing. 3. If the Lessee sells gasoline at leased premises in connection with use of same, then in such event Lessee agrees to pay the City the sum of two cents ($.02) per gallon for the first five thousand (5,000) gallons of gasoline sold in any one calendar month on the leased premises; and one cent ($.01) per gallon for each gallon over five thousand gallons sold during any one calendar month on the premises, same to be payable on the 10th day of each calendar month following 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. Lessee agrees not to sub -let the leased premises or any portion thereof, or permit the use thereof by any independent contractor, without the consent of the City in writing. 5. It is further understood and agreed that in the event a portion'of the premises herein leased are sub - leased by the Lessee, then and in such event, the Lessee agrees to pay the City the sum of 10% of the gross amount received from such sublease for the sub - lease, said amount to be in addition to the rentals herein - above set.out. 6. No additions or alterations shall be made to the premises 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. - 2 - March 8, 1950 - A 8, 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 ingress 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 Airport Manager and the control tower. 107 The City reserves the right to enter the said premises 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. 11. The prices charged for things sold on the premises by the Lessee shall at all times be reasonable, and not exhorbitant, and comparable with prices charged for the same articles at similar places in the pity of Corpus Christi. 12. The Lessee agrees to take good care of all movable equipment, fixtures and property of any nature, furnished by the City, and will keep same in good repair at their own expense, and at the expiration of the term of the lease for any cause, shall deliver to the Clity 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 same 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 signed by Lessee and the Airport Manager for the City, same to set out a description of the property and equip- ment and the condition of such, it being understood a copy of same is to be placed on file in the Airport Manager's office and will become a part of this lease agreement for all pertinent purposes. -3- March 8, 1950 - A 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 all ordinances affecting the property leased or the airport, 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. 14. 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 ordinances of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Board of Health, Sanitary, Fire and Police Depart- ments, for the correction, prevention and abatement of nuisances and /or hazards 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 continuously on file in the office of the Airport Manager during the terms of this lease liability insurance policies in the sum of Dollars 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 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 - 4 - March 8, 1950 - A 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 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 for- feited 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. 19. 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 United States of America and the City or by virtue of the surrender of the leased premises to the United States of America by the City of Corpus Christi. -5- March 8, 1950 - A 20. Notwithstanding any provision hereof regarding the terms of this lease it is agreed that upon ninety (90) days written notice either the City or the Lessee may terminate this agreement upon the delivery of said notice in com- pliance with all the other provisions and obligations of this contract. Upon the expiration of said period of ninety (90) days after such notice this lease shall be deemed terminated and of no further force and effect. 21. This contract contains all of the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. THE CITY OF CORPUS CHRISTI ATTEST: By City Manager City Secretary APPROVED AS TO LEGAL FORM: AND City Attorney Lessee STATE OF TEXAS 0 COUNTY OF 0 BEFORE ME`, the undersigned authority, on this day personally appeared , known'to-me to'be'the person whose name is subscribed to the foregoing-instrument 6fid-ackn6wledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A. D. 195 NOTARY PUBI C in and for STATE OF TE County, Texa79M � COUNTY OF NUSCFS 0 BEFORE ME; the undersigned authority, on this day personally appeared , City Manager of the City "of Corpus Christi, Texas, known to me to be the person -Whose name Is-subscribed'to the foregoing instrument and ack- nowledged to me that he executed the same for the purposes and consideration therein expressed as the act and deed of said City, and in the capacity therein stated, GIVEN UNDER My HAND AND SEAL OF OFFICE, This the day of A. D. 195. NOTARY PUBLIC in an or Nueces County, Texas -6- SECTION 2. The necessity for deriving revenue from said Cuddihy Field to be used in the upkeep of said field and the nee, essity to provide aviation facilities creates a public emergency and imperative public necessity requiring the suspension of that Charter rule that no ordinance or resolution shall be passed fin- ally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Counbil, and the Mayor, having requested, declaring that such emergency and necessity exist, that such charter rule be suspend- ed and that this ordinance be passed finally on the date it is introduced and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. 7H PASSED AND APPROVED, This the `Z day of March, A.D. 1950• :1T ST: City Secretary ;;VjL-,D AS 0 LEGAL FORM: Z. THE CITY OF CORPUS CHRISTI MAYOR Tervv 279g Corpus Christi, Texas noJA4 .2t , 1940- TO THE MEM BERS OF THE CITY COUNCIL Corpus Christi, Texas Gentleman: 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, r 1PIso ern _/ /City of Corpus Christi, Texas The Charter rule was suspended by the following Leslie Wasserman votes I Jack DeForrest Barney Cott Sydney E. Herndon -�GLL George L. Lowman The above ordinance was passed by the following votes Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman /gjy