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HomeMy WebLinkAbout02766 ORD - 05/02/1950TLSinZer:Gp 5/1,/r," (5) ATjTH,3RI:_M,-,,G ?IID DMICT731\70 Tr C'r_rY UUGLR FOR A10M, 7Y oF TIT" CITY 'DF OCEPUS 'IMISTI TC TXEMTE A ,- , ^rrpa CT W JITH RCGM L. G,"TTLT db, GVJLT r VTTCTTI ON TM 177, ()F SPINGAR 651. LOCATED AT (TUDDURY 7MD TV UE. LS Cn7-,:",TY, Fca n-'j- , Y_ SIX 17UP"REM DOIZAR.S A,ITT) OTM,7 GOOD PjTj) V-'-IZABI2 COYSIDERI�TION FOR TI-r, rM'tr0M, OF AVLITICTI ACTIVIT-TS, A ,107y OF --I GE U7"T_RkCT 13 ATT__C=D M­770, ii,2: .�IID Z2'm",T,m-. BE IT ORDA"MED PY TIr,, CITY ic)ITA, -jCj:L , OF T= CITY OF MqMS CMZISTI,T!Xf,13: SECTIOX:1. That the City Ijana, .or for and or, behalf of thf, I—Ity of Cor-lus Christi be fule- ho is hereby auxtliorizod _:;rants e:cecut_ F. 10E,_d nLt" 7 7 , it d, G-'-'u"12 A"Z—ATI71 ­1 the Mi of D n6ar Yo. 651, located at Owldihy Field in yueces _oI,t,,Y. for —le year for Thirty - six F',IYIId,­cd Dollars and other jLood and s- aluabl* oonsideration for the pin•sm, G£ Sviatior, activ_,b.;es; cc,-_,v of -vihich lease conrract )-9 attach,-d hereto 'and made a part hereof, 2-b(p 0 :AWW sex. TO SIAT2 OF TIRUB COMY or r tbds the _*WW +t.t6 3,9% by +W Ut go OW OF COSMS OMMJ6 '@ f a mad djBld ca?WWK=4 bo row• Maud 94ale am Rom T„ am, dba GAMC +tgi3'r kap a3' �r r o4iII ft"mei aZT*asa8THt Uaar md A"" %me t w mu PAW 1. awt, ea owat *"*U:o awmamb (10) mo-hat (I.,t) or slaw wo. Or lwm d at *AdUW ftdA As r Seoul, ba , a arm 4owso+ 04 ftlu%m Bair j "S at d UNWI Two In IP toot AV t� mar ry Tmftx XR toot to a raped !`w a< TNUM cwt rm apt as�as,gprk TXMU ! tmpr a► M t® OU "M Ot of *am# p w t and pb. "4r for tOft Ot 00 (2) Y'r lown bogbmft tbo 3A dry of AWUi 4A, 19"' V'vd MdUg *W at A. fit. l +paid i to im JAW therstar itho oft of thirtroft nm&," bouam 0%w) wd ~ decd, and v4usbu wmaldomtlm bwr*jmftt44, f+w r.�. to of tbla "r raid Tmr%peu airsd ftlum (l ) to bo 'n —mfty UV*"bwaftft Ot Tbree Aak*d Dok� (13W) 6644 to be ptdA t2ok ftrat ersoUvo dbts a fto GMs aad a tike umftn. awt to be paid to tba #ame dad► at errb VA000"in & the tat at amid j*w"r aa*jmt to tbo ti�klad aa>,di��na atfd areal e 1. Tiat the Lom" Suu ry tw Too its .w 6414 as for *no o"I Wl 4wo 2. z# is sad rvgsws4 v"A fte l pvmb" of to is rallopin Urpmw �4yr to-%its in oamea+ tion wwith Md pr #, tO tbs 00% tare UNWi sad dx lar s o- ibt► thast a "lid, aMmUU4 w.iMUmat th* COMMN% at tbo Cllr in writ. ifte 69 adelit'Lam or 43termt"M shill bo muds to the Prmdmw vitbyA tl* 0=40t cf m 4V in wKtins and it is **Maly wp*44 thb all a*fttlOm Or A%*ftvMmw vAds tV that nrvueanm shlal 000(w tae psrtr of tbo CiWr 7* Logo" "" gait t)x All tWO god OAraa Ot ,.hw t= ry► _md Its *Pp1rt*"u**S, 4134 aaatr'w MO W"tee, AW spa ]reop the said promises in good rarpair od: th,ir a rt OVIPWISO, ami at the and or otjwr oarpjr%+im at tjw to m of tbis lease, shall deallxrr up t !zr wftos in good order and o mditims ever saps adr► mme itt, mtarsl wear end ter and. ire Pram the 0100 MU aveaeprt+d. • ha s'wssae awes A* ibr sal atmZ,4,t"S usod a. the pro Am m leased by thgpw $. It' ie d aud 40*04 that the rUht ar ids skid *a rest is rasar"d by 4w a.e"ar (the City) heroin, for tjw use of its mr1wees and the g raa ; Ublic„ to allow thm to dater Moor ft, 6% for tb# pew Of vi.mitiM tkm office or the A&rpert Wmear tud the oontrol *,mmr. 10s the C-Ity reservot he ri&t tt� mar the sod pranifts tt air time duty he 4odatelaoe at this lea" fatrfih, I%UTO$, of rA4*Gtitag the eame 1 .. order *o datarm'"S *Aha Ilaor the twrms Ot said laeose are being deserved and Carried 11. ''hs W1000 +herded COr .WhInp sold cc *mprmimw %V the Lasses $hall st all 'times be reas,:ambls, MW jot itmu. MW *omparmble I,th prises aloargad fOr bhO some artWer, at similer plaing in the cjW at Corpm Client. 120 The ?+essse avves to to-to good care at 411 uprou *rdpow. rime. U*" and props* at w ngtWwo ru nAmbed by the Ci *, axtd wjU IOW same is 9001 rspa3r tt heir am *%pM*, .ad st tto "pirstiaae or the berm et th, I," "ar WW Oates*s shall dalivw to tlea C11F eil of ouch movable splymsto and tip pr"rty of sw mbwo. in yoed order and oortditttam, w same it -anr 1% rro veneer axtd tamer mly as®optoed. The r.remaars fad a'raft is be, �3+ r ar$ „i• evalt wxe aelmi6. fro amad �`Mpft*, OW IWWO* meawr or JQW partbhoersof is bast,, rrb4m or destroyed, Lessee it to xaeplaae seid ;prate, im ite same iatats and 0 <,rAlticrn, as mavte wms aae when turned over to L484swe . n Is. VOWtO27 ai aaTl porm4al pM4rtri:aa and ogipm =,"4shsd t7 th, C,,tyjr to ,e40ee is to be .ai Aaet3 by Lea"* and the Airport gum. rar the (.'I-t r, same to set out a d8esori 104 *f tl PM-"V end SW460* 404 the e�,taattiO4 Of Sands„ it b.1mg rmd"OtOW a ooW Of same is to be p1seod z file :a the :94n,*rt bear +a nr$ice bad will beacon a part of this agroeftst for all 4oArtiaumt lauurpaN1. 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 SmokingIt 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 ofrm 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 ahall 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 - Larch B, 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 possessjon 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 APPROVE) AS TO LEGAL FORM: AND City Attorney Lessee STATE OF TEXAS 0 COUNTY OF Q 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 and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL CF OFFICE, This day of A. D. 195 NOTARY PUBLIC in and for County, Texas STATE OF TEXAS COUNTY OF NUECES 4 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. GIVW UNDER MY HAND AND SEAL OF OFFICE, This the day of A. D. 195- NOTARY PUBLIC in and for ueces ounty, Texas -6- SECTION 2. The necessity of deriving revenue for the up- '•coo;,,, of said. Cn)ddil,r ,Field and for r,rovidi% such facilities at said field. creates E public emergency and imperative public neces- sity requiriil the suspension of the Charter rule that no Ord!— ante or resolution shall bA passed finally on the date it is in- troduced end that :;uch ordinance or resolution shall be read at three sevsral meetings ofthe City Coiaicil, and the Mayor, hav- i.iis deelared thab such. emergency and necessity exist, request - . Ln6 that said Charter rule be susyended and that this ordinance `.e passed finally on the -late of its Intro'uction any to e ef- fect and be in full force .and Affect frorr, and after its passe. A, ACCCx DTI GIZ 0 _ "_7 D. ?ID AF—MM, This thA �uz:y oP iv s; , 1950. A'AYOP The ;,it, of Corpus Ciir sti, Tzsxa.s City Secretary AF O"ED AS TO LEGAL 'FOIL -1: � Lt-! i, • Attorne3 Corpus Christi, Texas 1949 TO THE BLMERS OF TES 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 Munoil, 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 Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman d Jack DeForrest Barney Cott Sydney E. Herndon Qua � George L. Lowman J�" The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Barney Cott ) Sydney E. Herndon George L. Lowman Z7KP