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HomeMy WebLinkAbout02743 ORD - 04/11/1950L,R4150 (5) ELI' IT AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EEECUTE A LEASE CONTRAST WITH W.S. MARSHALL dba ROYAL CROWN BOTTLING CO*- PAW, ACTING HEREIN BY AND THROUGH BERTHA A. ANDREW, HIS AGENT AND ATTORNEY- IN-FACT, ON THE BUILDING KNOWN AS SMALL ARMS MAGAZINE, BEING BUILDING A -10 LOCATED AT CUDDIRY.FIELD. NUECES COUNTY, TEXAS, FOR ONE YEAR FOR THE SUM OF THREE HUNDRED DOLLARS AND UNDER THE TERMS AND CONDITIONS SET OUT IN SAID LEASE AGREEMENT, A COPY OF WHICH IS MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorised and directed to execute for and on behalf of the City a lease contract with W. S. Marshals dba Royal Crown Bottling Company, acting herein by and through Bertha A. Andrew, his agent and attorney -in -fact, on the building ]mown as Small Arms Magazines being Building A -10 located at Cuddiby Field, • Nueoss County, Texas, for ons year for the sum of $300 and under the terms and conditions not out in said lease, a copy of which is made a part hereof and attached hereto,to -wit: 2.7 �3 March 8, 1950 - B STATE OF TEXAS COUNTY OF NUJ1C3.S This agreement made and entered into this the day of ?"arch , A.D. 19%, by and between the City of Corpus Christi; Texas, a municipal corporation, hereinafter called "Cityt and W. Marshall, d/b /a I ov,rl C,nown � ottl_nv C1uEjsa p, actinw liehrein by .n(? thro3:PZii f rtha indrew, his atnsnt and ;:;,toms -r in Fact,. Of Nueces Cojmty, Texas, hereinafter called "Lessee". lV 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 Lessee, the following described premises, to -wit: " o I, il, ing na�n n t,?;e all xis x`afaai ,e, Sara La^ ' ail inA _70 a la i..! �.+ �':i ",� i,', •rts,r. ,osit., for the term of 1 year , said lease beginning the ist day of January , A. D. 195 Qand ending the 31st day of ,meen -ber , A. D. 195 0the Lessee is to pay therefor the sum of Three I- ;:ndred I1a'llars ( ?3-00) for the term of this lease, same to be paid in monthly installments of # 25., 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: for the storing% of liottlf_s and bottle cases. 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 B, 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 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 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 good 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 off 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 name 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 managers 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 - 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 City 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 aV way encumber the said City or the United States of America. - 4 - March 8, 1950 - B 16. Ilowever, 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, than 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 - March 8, 1950 - B ATTEST# City Secretary APPROVED AS TO LEGAL FORMS City Attorney STATE OF TEXAS C COUNTY OF NUECES C CITY OF CORPUS CHRISTI, Texas BY City Manager BEFORE ME, the undersigned authority, on this day personally appeared , City Manager of the City of Corpus Christi, Texas, known o me e e person whose name is subscribed to the fore- going instrument and acknowledged to me that he executed the same for the purposes and consideration therein-expressed, in the capacity therein stated and as the act and deed of said City. Given under'my' hand "and seal of office this day of A. D. 195 . Notary Public in and for Nueces County,Texas STATE OF TEXAS 4 COUNTY OF 0 BEFORE ME, the undersigned authority, on this day personally appeared pp , known to me to be the person whose name is subscribed -to t e foregMg instrument, and acknowledged 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 Public In and for Nueces County, Texas -6- SECTION 2. The necessity of deriving revenue from Cuddihy Field for the upkeep of said field creates a public emergency and imperative public necessity requiring the sus- pension of that certain Charter rule that no ordinance or resolution shall be passed finally on the day it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Councils and the Mayor, having declared such emergency and public necessity to exist, re- questing that said Charter rule be suspended and that this ordinance be passed finally on the day it is introduced and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, This the _Lj_ /day of April, 1950- r � The City of Corpus Christi, Texas A ; City eoretary APPR TED AS TO � GAL FOiRM: City rney 27g3 Corpus Christi, Texas C*&�' ' 1940 TO THE FIBERS 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, MR XUR 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 wag Leslie Wasserman Jack DeForrest Barney Cott Sydney R. Herndon George L. Lowman V passed by the following vote; U