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HomeMy WebLinkAbout03032 ORD - 05/08/1951AN ORDINATE ' AUTHORIZING AND DIRECTING THE CITY 14ANAGER TO EXECUTE A LEASE AGREEMENT WITH ERNEST A. BROWN, JR., DOING BUSINESS AS BROWN AVIATION, ON THE Sw QUARTER OF HANGAR N0. 653, LOCATED AT CUDDIHY FIELD IN NUDGES COUNTY, TEXAS, FOR " ONE YEAR FOR CONSIDERATION OF TWELVE HUNDRED DOLLARS, UNDER THE TMUFAM CONDITIONS OF THE IRA SE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EIMMENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, That the City Manager is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi a lease agreement with Ernest A. Brown, Jr., doing business as Brown Aviation, on the Southwest quarter of Hangar No; 653, located at Cuddiby Field in - z Nueces County, Texas, together with concrete aprons adjacent and adjoining thereto, for aircraft storage, sales, maintenance, operations, schools, and similar aviation activities, for one year for the consideration of Twelve Hundred Dollars (01,200.00), to be paid as set out in said agreement, a copy of which is attached hereto and made a part hereof, to —wit: March S, 1950 — A STATE OF TMS C COUNTY OF NUECES 0 This AGA3ENENT Made and entered into this the day of MW A. D. 1951, by and between the City of Corpus Christi, Texas, a municipal cor- poration, hereinafter called "City" and ErWst A. Brown, Jr. , Lessee, of d/b /a Brown Aviation Nueces County, Texas, hereinafter called "Lessee ". ' W I T N 3 S S 3 T H, The City:of Corpus Christi, Texas, does by these presents lease and demise unto the said Ernest A. Brown, Jr. Lessee, the following described premises, to-wits Southwest quarter of Hangar No. 653, located at Cuddihy Field in Numcos County, Texas, together with concrete aprons adjacent and adjoining thereto, for aircraft storage, sales, maintenance, operations, whools, and aimll— aviation activities, for the term of one year , said lease beginning the 7th day of Nqy A. D. 1951, and ending the Pith day of Lay A. D. 195_ the Lessee is to pay therefor the sum of Twelve Hundred Dollars — — — — — — — ($ 10200.00) for the term of this lease, same to be paid in monthly installments of $100.00 said monthly installments to be paid each month in advance, the first to be paid on the first affective date of the lease, and a like installment on the same day of each succeeding month thereafter during the term of said lease, subject to the following conditions and covenants March B, 1950 - A 1, That the Lessee shall pay the rent in advance as aforesaid, as the same shall fall due. 2. It is understood and agreed that the leased premises are to be used for the following purposes only to -wit, in connection with and pertinent to the above stated usage, and similar activitiea. Said premises are not to be used for any other purposes than these herein specified, without the consent of the City in writing. 3. If the Lessee sells gasoline at leased premises in connection with use of same, than in such event Lessee agrees to pay the City the sum of two cents ($.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 an 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 end or other aspiration 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. - 2 - March 8, 1950 - A 8. The Lessee agrees to pay £or 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 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. 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 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 Airport Manager for the City, same to set out a description of the property and equip- ment and the condition of such, it being understood a copy of same is to be placed on file in the Airport Manager is office and will become a part of this lease agreement for all pertinent purposes. M-M March 8, 19$0 - 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 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. 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 " F 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 $=f minimum amounts: Bodily iajm7: $09000 for one pertonj $I000'000- for one accident XXQftW and property damage in the sum of $50,000.00 for one accident 1OOi to indemnify and save harmless the City and the Baited 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 - 4 - March 8, 1950 - A direction o£ the Secretary of, the Navy, and the City of Corpus Christi, permitting the use of United States Naval Auxiliary Air Station, Cuddiby Nield, 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 best rant 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 affect. 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 ATTRST: By '- City Manager City Secretary APPROVED AS TO LEGAL FOAM: AND City Attorney Lessee STATE OF TEXAS d COUNTY OF BEFORE Mr-, the imaersigned authSrity, "on this day personally appeared - �� A. Brown, Jrs. known tome t6 be "the "person whose name is subscribed to the o£ regoing iusti�edt and "ackriwrledged tome that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY BAND AND SEAL CF OFFICE, This day of May A. D. 195,1. NOTARY PUBLIC in and for STATE OF TEXAS a County, Texas COUNTY CF NUFCSS Q 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 perecri "whose "uame ie-subsci•Sbed -to "the "Soregoing instrument and ack- nowledged to faCthit WeRkatea the " same for" the purposes and consideration therein expressed as the act and deed of said City, and in the capacity therein stated. GIVEN UNDER MY RAND AND s^sAL OF OFFICE, This the day of A. D. 195. NOTARY PUBLIC in and for ueces ounty, Texas -6- SECTION 2. The necessity for deriving revenue from Cuddiby Field for the upkeep of said field creates a public emergency and imperative public necessity requiring the suspension 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 Council, and the Mayor, declaring ouch emergency and necessity to 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 ACCORDEGLY SO ORDAINED. PASSED ADD APPROVED, This the day of May, 1951. J#QA�� MYOR The City of Corpus Christi, Texas ^EST City Secretary AS T LEGAL FOR1f: 2 City ttorn Corpus Christi, Texas , 1950 TO THE 1MERS 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 thin ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, (�V VI/Wtit� MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon O' George L. Lowman The above ordinance was passed by the following vote: Leslie liaseerman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman