HomeMy WebLinkAbout02744 ORD - 04/11/1950`4,/1.✓56 (5)
AN ORDINANCE
AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A CON-
TRACT LEASE AGRKEMW WITH F. E.
BOWMAN ON-0N9-SWkL1--8WTMKING-
POOL
1a 16. M
YEAR FOi- CONSIDENE ATIOVOF ONE THOUSAND SIX
HUNDRED DOLLARS, ACCORDING TO THE TERMS
AND CONDITIONS SET OUT IN SAID LEASE AGREE -
WENT, WBICH IS ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI, TE)LAS:
SECTION 1. That the City Manager be and he 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 one
small swimming pool bearing No. 612 and one large swimming pool
bearing No. 693, both being located at Cuddiby Field in Nueoss
County, Texas, for one year from March 4, 1950 through March 3,
1951, for the rental payment of One Thousand Six Hundrad Dollars,
to be paid as set out in said lease agreement, according to the
terms and conditions met forth in the said lease agreement,
a copy of which is attached hereto and made a part hereof,
to -wit:
27 T
STATE OF TEXAS
COUNTY OF NUECES
This agreement made and entered into this the 2 f4ay of
March, 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."
W 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 F. E. Eowman, Lessee, the following
described premises, to -wit:
The small swimming pool, bearing No. 612, located at
Cuddihy Field, Nueces County, Texas; also,
The large swimming pool, bearing No. 693, located at
Cuddihy Field in Nueces County, Texas,
for the term of one year, said lease beginning the nth day of
March, A. D. 1950, and ending the 3rd day of March, A. D. 1951; the
Lessee is to pay therefor the sum of One Thousand Six Hundred Dollars
($1,600.00) for a year, same to be paid in monthly installments
as follows; $400-00 to be paid on June 1, 1950; W0.00 to be paid
on July 1, 1950; $400.00 to be paid on August 1, 1950; and $400.00
to be paid on September 1, 1950, 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 bathing and
swimming activities for the general public, it being understood and agreed
that in connection with such swirrming pools Lessee is to have the right to
sell soft drinks, sandwiches and confections.
Said premises are not to be used for any other purpose than these
herein specified unless consented to by the City in writing.
2. Lessee agrees not to sub -let the leased premises or pny
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 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 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 manager'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 reservos 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 lease 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 he 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 ecretarg
APPROVAM AS TO LEGAL FOAMS
CITY OF CORPUS CHRISTI, Texas
By
City Manager
City A orney
i
STATE OF TEXAS G
COUNTY OF NU&CES Q
BEFORE ME, the undersigned authority, on this day personally
appeared:
City Manager of the City of Corpus Christi,
Texas, known o me to be the-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
COUNTY OF Q
BSFQ.�E ME the undersigned authority, on this day personally
appeared Y- known to me to be the
person whose
name is subscribed to We— Toregoingsinstrument, and acknowledged to me
that he executed the same for the purposes and consideration therein
expressed.
Given under- my'hand a seal of office this day of
A. D. 19_.
NorPublic-in and for NueceF
County, Texas
-6-
SECTION 24 The necessity of deriving revenue for the
upkeep of said Cuddiby Field, creates a public emergency and
and imperative public necessity requiring the suspension of
that pertain 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 read at three several meetings
Of the City Council, and the Mayor, declaring that such emer-
gency and imperative necessity exist, requesting 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 ACCORD.
INGLY SO ORDAINED.
PASSED AND APPROVED This the day of April, 1950.
The City of Corpus Christi
t
— —
—�� ore gry
APP &0 A8 TO I GAL FORMt
city
orney'—
Corpus Christi; Texas
1
�
TO ME 1MBMS OF TH$ CITY COMCIL 9
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going 'brdinanoe, 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,
City of Corpua Christi, Texa
The Charter rule was suspended by the fbllowing votes
Leslie %eserman p� .
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lawman
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