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.
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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,
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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.
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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.
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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
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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