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HomeMy WebLinkAbout02767 ORD - 05/02/1950IMSinger:cb 5/1/50 (5) AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE CONTRACT WITH BOYS' CITY ON THE BUILDING KNOWN AS WAVE BARRACKS, SAME BEING BUILDING NO. 682 LOCATED AT CUDDIHY FIELD IN NUECES COUNTY, FOR ONE YEAR FOR CONSIDERATION, UNDER TERMS AND CONDITIONS, AND FOR PURPOSE AS TH,REIN SET OUT; A COPY OF WHICH LEASE CONTRACT 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, TEXAS: SECTION 1. That the City Manager for and on behalf of the City of Corpus Christi be and he is hereby authorized and directed to execute a lease contract with Boys' City on the building known as Wave Barracks, same being building No. 682, located at Cuddihy Field in Nueces County, Texas, for one year for consideration, under terms and conditions, and for purpose as therein set out; a copy of which lease contract is attached hereto and made a part hereof, to wit: ANCUR 40 171v . to m "s (w f Omff or sum I %ft >lMOM seeds ad Aebered isio t"o the at �. A.D. 1"0# by mW botomm the Dili or Corms iltl usrl# 74LA8, as s>tatieipai aaerpomticm, hersixa ter called act** sad en's e3ma ATRD# it *GrPeratioet imerporsted mmdet the be of the teats of Tasew, car 100404 :kaetMV, Tex", ha rsimfter oail+d "i�daeer "* W I T N E S S 9 T 8 a The 01t7 at` CWPUS Lbrista., TaZta, do" by thaw xANWOOM *ease ad douLae the sold Los"*, the f+a7jeajAS desma'Abod lwads"$ to_aite The sw iaag tam of ftm BUTo m* settee ba t ft Bsildiaeg Sea 60, leimted at ftWIW r'iold itt Rums Cceaft, Texas, Par the term of ots rear, said laaee be the ist 4" of AgrU4 A.D. 1950* aced +and the 31st deb of lbrO24 19%4 the Lossee is to peg there- for the wm of SION SWRED ROM DOLLW ( ) for the tam or this hears, rimes to be paid in e**Iy imastall'eaam►ts of $70 per IwArth, said mmgW4 7A_ stallsretts to be P44 rao}t ma nth Inadmos, the first to be paid on the firm effective date Of this lease, amd a like isstaUgent an the sort Bey Of each auomeeding aa*mj1h der dwing the tease of said loots, it is Wood, however, that ie some Ow PW as credit on ad in Aloebarg+s of the rsrrbel hersisesbeft provided a* keeping aced aatieat it aag of firma ds, larss, sbrubt, mW BardW W Sa the its"Sts vtt"4* r at the bettldift Wro3 1ea004 end wkjest to the tolleei,s; ocmditicms mad a:eweu * ss 1. It is 'uaderctamd and agreed theet the lomfed prowlases wv to be used for the follorrasg pwrp000s oar& teweitt Per a home ibr the Law hsbiteaais Of >ias'ys"UtWo Raid proodsee ore sot to be vied f r agr otdtsr Purpose thm the" herein spoeltiod Mae" OmA to ty the 011W is AKV49. ?,s losses uses agrees get to aa*-let the leased promises W AIW pore m tthereet, or pormit the Me tmr*e ty aw isdeposdout *,V*mqkor, esaeeA rdth the writtest ofaAsut of the cif used algae► owh qat wmb to i givma VW Leases ago" to PW OHV 10% of g'oas aeeeuett received rrra 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 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 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 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 - fi 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 - $ 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 VM 197-900 WOM) Dollars and property damage in the sum of VO 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- March 8, 1950 - B ATTESTt City Secretary APPROVO AS TO LEGAL FORMt City orney STATE OF TEXAS 4 COUNTY OF NUECES 0 CITY OF CORPUS CIRISTI, Texas BY City Manager BEFORE ME, the undersigned authority, on this day personally aeared PP , 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 u is in and foF Nueces County,Texas 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 su scra e o t e foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under-my'harid and seal of office this day of , A. D. 195. Notary Public in and for ueces County, Texas SECTION 3. The necessity of deriving revenue from and for the upkeep of said Cuddihy Field creates a public emergency and imperative public necessity requiring the suspension of the 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, having declared that such emergency and necessity exist, requesting that said Charter rule be suspended and that this ordinance be passed finally on the date of its introduction 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, day of May, 1950 NC MAYOR —T The City of Corpus Christi, as AT T: City Secretary APPROVED AS TO LEGAL FORM: i y orney Corpus Christi, Texas 19+9 TO M XWER9 OF MR CITY COMCIL Corpus Christi, Texas Gentlemens Per the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for Us suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, end that such ordinance or resolution shall be read at three meetings of the City Oeoneil= I. therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is Introdused, or at the present meeting of the City Council. Respectfully, City of Cor p u 0 Christi, Texas The Charter role was suspended by the tbllosing votes Leslie Wasserman Jack DePorreat Barney Cott�"�`�" Sydney B. Herndon George L. Lowman The above ordinance was passed by the following votes Leslie Wasserman Jack Do7orrest QL„ � ", Barney Cott S?dney N. Herndon George L. Lowman 2--ne7