HomeMy WebLinkAbout03017 ORD - 04/12/1951n Singer:gp
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI ,
TO EXECUTE A LEASE AGREEMENT WITH OF RREST F.
POWERS FOR A LEASE ON TEE S ONE -HALF OF
HANOAR N0. 653, CUDDIHY FIFS.D, NUECEs COUNTY,
TEXAS, TOGETHER WITH CONCRETE APRONS ADJACENT
AND ADJOINING THERETO, FOR THE SUM OF EIGHTEEN
HUNDRED DOLLARS, FOR THE PURPOSE OF AVIATION AC-
TIVITIES, ACCORDING TO THE TERMS AND CONDITIONS
OF THE LEASE, A COPY OF WHICH IS ATTACHED MOTO
AM 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, m thorized
and directed for and on behalf of the City of Corpus Christi to execute a lease
agreement with Forrest F. Powers for a year's lease on the S one -half of Hangar
No, 653, located at Cuddihy Field, Nueces County, Texas, together with concrete
aprons adjacent and adjoining thereto for the sum of Eighteen Hundred Dollars
according to the terms and conditions of the lease, for the purpose of avia-
tion activities, a copy of which lease is attached hereto andmade a part here-
of.
SECTION 2. That the necessity for providing adequate facilities at
said field and of providing revenue for the upkeep of Cuddihy Field creates
a public emergency and an imperative public necessity requiring the suspension
of the Charter rule that no ordinance or resolution shall be passed finally
on the date of its introduction and that such ordinance or resolution shall be
read at three several meetings of the City Council, aid the Mayor, having de-
clared such emergency and necessity to exist, requesting the suspension of said
Charter role and that this ordinance be passed finally on the date of its in-
troduction and take effect and be in full force and effect from and after the
passage hereof,_IT.IS- AGCORDINGLY SO ORDAINED.
PASSED AND APPROVED, This the_L2::�day of April, A.D. 1951.
Atj.ST= City of Corpus Christi, Texas
I
C y Secre ary
AP ROVED AS 0 LEGAL FOR16:
C yA or �
30)`i
Corpus Christi, Texas
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergenoy 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,
MAYOR
City of Corpus Christi, Texas
The Charter rule wasp suspended by the following vote,
Leslie Wasserman nl,u
Jack ➢eForrest
Harney Cott
IA—
Sydney E. Herndon (/�f
George L. Lowman
The above ordinanaa was passed by the fo'1��llmvingg` vote:
Leslie Yiassermai
Jack LeForrest
' Harney Cott
Sydney E. Herndon
George L. Lowman
March 8, 1950 - A
STATE OF TEAS 0
COUNTY OF NUECES 0
This AGREEMENT Made and entered into this the dap of ,
A. D. 195_, by and between the City of Corpus Christi, Texas, a municipal cor-
poration, hereinafter called -City- and Farteet F', poem , Lessee, of
Nueces County, Texas, hereinafter called - Lessee -.
NITN3SS3THf ,
The City of Corpus Christi, Texas, does by these presents lease and
demise unto the said � Poems Lessee, the following described
premises, to-wits
8 ca"O t of the sic ane- av ap RagF2 go. 6510
]omit -4 at Cosa* Ffatdi Raeoae Conan. ?tea
tawstiiar with aems, mote W= adjaemt and azMaIn.
lag tbamato dsacrihod am fallames
PqAmlag at a Polat cc the Smith sift o$ add
haaCar oAh Point baiog lawsted equal diataoca fsars
the U end and the M a* of add baagar'
Zbmce a 290 coat to Coraery .
T a6 290 Soot to c=ar
IhW= 8 232 fect to aomar
9Leim 03 to the cantos dividing llno at the Ss
and of acid b
for the gatpoes of aviatdoa stolmgey aches melatmaooea
xepalma -d a3adlar activities oomectad the°oto, in-
alnduyg an aalatloa schools, aad o.hoxelsa WWOLeo the
prSv93ace of a hasp cparator
for the term of Cue mr (1) , said lease beginning the 25th day of
A. D. 193, and ending the2hth day of Apei,2
A. D. 19 the Lessee
is to pap therefor the sum of DOi2,FW_.��
for the term of this lease, same to be paid in monthly installments of J"OD ,
said monthly installments to be paid each month in advance, the first to be paid
on the first effective date of the 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=
Burch 8, 1950 - A
1. That the Lessee shall pay the rent in advance as aforesaid, as the
same shall fall due.
2. It is understood and agreed that the leased premises are to be used
for the following purposes only,to+ wit, in connection with and pertinent to the
above stated usage, and similar activities. Said premises are not to be used for
any other purposes than these herein specified, without the consent of the City
in writing.
3. If the Lessee sells gasoline at leased premises in connection with
use of same, then in such event Lessee agrees to pay the City the sum of two cents
($.02) per gallon for the first five thousand (5,000) gallons of gasoline sold in
any one calendar month on the leased premises; and one cent ($.01) per gallon for
each gallon over five thousand gallons sold during any one calendar month on the
premises, same to be payable on the 10th day of each calendar month following the
sale, during the .term of this lease, it being understood that this rental based on
the sale of gasoline is to be in addition to the rental charge heretofore mentioned
in this agreement.
4. Lessee agrees not to sub -let the leased premises or any portion thereof,
or permit the use thereof by any independent contractor, without the consent of the
City in writing.
5. It is further understood and agreed that in the event a portion of
the premises herein leased are sub - leased by the Lessee, then and in such event,
the Lessee agrees to pay the City the sum of 10% of the gross amount received from
such sublease for the sub - lease, said amount to be in addition to the rentals herein -
above set out.
6. No additions or alterations shall be made to the premises without the
consent of the City in writing; and it is expressly agreed that all permanent
additions or alterations made by the Lessee shall become the property of the City.
T. 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 and 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.
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March 8, 1950 - A
8. The Lessee agrees to pay for all utilities used at the '
premises leased by them.
9. It is further understood and agreed that the right of ingress
and egress is reserved by the Lessor (the City) herein, for the use of its
employees and the general public, to allow them to enter Hangar No. 651 for
the purpose of visiting the office of the Airport Manager and the control tower.
10. The City reserves the right to enter the said premises at any
time daring 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.
11. 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.
12. 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 on]y 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 Airport
Manager for the City, same to set out a description of the property and equip -
mant 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.
3
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ti 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,
;wt 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 Smoking't 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 the3W=IDtfialydm swumtot Bodily -
SRIm7a MOOD for am pN*oo= UO%OOD (me ftwdxnd t4onwad)
for ons aceidant ° ie and property damage in the sum of$5Ot000,00
for onO acOidat s 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 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 r
-4-
march 8, 195o - A
direction of the Secretary of the Navy, and the City of Corpus Christi, permitting
the use of United States Naval Auxiliary Air Station, Cuddiby 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 possession of the premises and re-let the same for the
remainder of the term at the beat 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 die cumulative of the statutory
k lien created .. ...
by law and in addition thereto.
.4 19. And in the event for my 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, 19$0 - A
20. Notwithstanding any provision hereof regarding the terms of this
lease it is agreed that upon ninety (90) drys 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
ATTEM By -
City manager
City Secretary
APPROVED AS TO L33AL FORMt
COMM F. POEM -
-' AND
City Attorney Lessee
STATE OF TEAS C
COUNTY OF Q
BEFORE MEj the undersigned "authority, -bn this day personally appeared
khosn to "me -to be- the'per's6n whose name is subscribed to the
�ng'i�enE andacknocrledged tome that he executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY BAND AND Sr,AL OF OFFICE, This day of
A. D. 195&. ftr--
NOTARY PU C n and or DLL
County, Texas
STATE OF TEAS Q
COUNTY OF Ni1ECE5
r BEFORE ME; the "undersigned authority", on -this day personally appeared
V. C�. --', City Manager of "the City-of Corpus Christi, Texas, known to
ma to beQ a pperson' whose -name is-on scribed •to the_foiegbing instrument and ack-
• nowledged to me"that M ekeouted the -same for the'purposes and consideration therein
expressed as the act and deed ok said City, and in the capacity therein stated.
GIVEN UNDER MY NAND AND S -AL OF OFFICE, This the day of
- 4FAL A. D. 195L.
NXARY PUBLIC in an or uecea aunty,
Texas
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