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HomeMy WebLinkAbout02731 ORD - 03/28/1950AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHUX OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH F. E. Ba MAAN ON THE BUILDING EV071N AS BACHELOR OFFICERS' gUARTERS, BUILDING N0. 655 LOCATED AT CUDDIHY FIELD IN NUECES COUNTY, T=,.;, FOR GENERAL HOTEL PUR- POSES, AND FOR THE CONSIDERATION, PERIOD OF TIME, AND TERMS AND CONDITIONS AS SET OUT IN SAME, A COPY OF WHICH LEASE AGREMENT IS AT- TACHm =0 AND MADE A PART HEREOF, AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CBRISTI,TEXASr SECTION 1. That the.City Manager is hereby authorized and directed for and on behalf of the City of Corpus Christi to execute a lease agreement with F. E. Bowman on the Building known as Bachelor Officers' Quarters, Building No. 655 located at Cuddihy Field in Nueces County, Texas, for general hotel purposes, and for considera- tion, period of time, and terms and conditions as set out in said lease agreement, a copy of which is attached hereto and made a part hereof, to-wit. 2-731 March 8, 1950 - B STATE OF TEAS 0 COUNTY OF NU BC3s 0 This agreement made and entered into this the day of larch , A.D. 1950, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City" and F. E. Bowman Of Nueces County, Texas, hereinafter called "Lessee ". 17 I T N L S S E T H t The City of Corpus Christi, Texas, does by these presents lease 1. and demise unto the said Lessee, the following described premises, to -wit: The building known as Bachelor's Officers, quarters, same being Building No. 655 located at Cuddihy Field, in Nueces County, Texas, for the term of one year , said lease beginning the 1st day of April A. D. 195 0 and ending the 31st day of March , A. D. 195 1 the Lessee is to pay therefor the sum of a monthly rental in the amount of twenty (20o) per cent of the first One Thousand (613000.00) Dollars gross revenues received and thirty (30 %) per cent of gross revenues received each month in excess of One Thousand (,`,'1,000.00) Dollars. Revenues herein meaning the revenues received by Lessee in hotel operations at the leased premises, but Lessee guarantees that in no event is his monthly rental payments to be less than One Hundred and Twenty (;x,120.00) Dollars per month regardless of the amount of the gross revenue, said monthly rental payments are to begin on the 19th day of Ifay, 1950, and are to be made on the 10th day of each succeeding month thereafter during the term of this lease, subject to the following conditions and covenants: for general hotel purposes Said premises are not to be used for any other purpose than these herein speci- fied unless consented to by the City in writing. 2. Lessee agrees not to sub -let the leased premises or any portion thereof, or permit the use thereof by any independent contractor, except with the written consent of the City and upon such consent being given the Lessee agrees to pay the City 10% of the gross amount received from such sublease or March 8, 1950 - B permissive use in addition to the other rental herein provided. 3. No additions or alterations shall be made to the premises without the consent of the City in writing; and any and all improvments 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 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, and 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 ;;ood repair at their own expense, and at the expiration 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 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 Air- port Manager for the City, same to set out a description of the property and equipment and the condition of such, it being understood a copy of same is to be placed on file in the airport managar's office and will become a part of this lease agreement 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 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. 2 - .4 March 8, 1950 - B 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 City of Corpus Christi. 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, city ordinances, and all rules set out by the City Manager of the City of Corpus Christi, Texas, for the operation of the leased premises, and will abide by all rules and regulations as set out by the Airport Manager. 8. 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 Gity Fire Marshal. 9. The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises 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, Fire and Police Departments, 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 its own expense. 10. Lessee is to have the option to renew this .ease at the expira- tion 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 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, -3- ' March 8, 1950 — B who shall make good any deficiency; and 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 injury 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 facili- ties covered hereunder, occasioned by the act or omissions of the Lessee, its agents or employees, the Lessee agrees to indemnify and save harmless the City from and against any loss, expense, 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 damages to property or injury to persons which may arise incident to the exercise of the rights and privileges herein granted. 15. 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 subrogation clause which could in any way encumber the said City or the United States of America. 4 March 8, 1950 - B 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 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 partion 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. 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 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 ter- mination of the lease between the City and the United States of America or by virtue of the surrender of the leased premises to the United States of America by the City of Corpus Christi. 18. 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 compliance 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. 19. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. - 5 - SECTION 2. The necessity for facilities at said Cuddihy Field and the necessity to derive revenue needed for the upkeep of said field creates a public necessity and imperative public emer- gency, requiring the suspension of that Charter rule that no ordin- ance or resolution shall be passed finally on the day it is intro- duced and that such ordinance or resolution shall be read at three several meetings of the City Council, -and the Mayor* declaring that such public emergency and imperative public necessity exist, request- ing that such Charter rule be suspended and this ordinance take effect and be passed finally on the date of its introduction, and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED "UD APPROVED, This the 2 8 'day of March, A.D. �950- H9AYOR PRe -ra wv AT T: The City o£ Corpus Christi APIROV D AS TO LEGAL FORM: Cit At o ey A 2.731 Corpus Christi, Texas lAA c.y� '1919 TO THE MMBERS OF THE CITY COUNCIL 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 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, O'(tYW City of Corpus Christi, Tezaa The Charter rule was suspended by the following vote: Leslie Wasserman CAP,.d Jack DeForrest +� Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman Jack De Forrest n-- Barney Cott Sydney E. Herndon George L. Lowman