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Home My WebLink About03117 ORD - 08/21/1951AN ORDINANCE 10 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND 1 ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH J. D. SPARKS COVERING 420 SQUARE FEET OF LAND SOUTHWEST OF BRANIFF AIRIMMt CREW CHIEF'S OFFICE AT V� THE CLIFF MAUS AIRPORT AS MORE PARTICULARLY DESCRIBED HEREIN FOR AND IN CONSIDERATION OF RENT IN AN AMOUNT EQUAL TO THREE PER CENT OF THE GROSS RECEIPT INCOME (-UP TO AND INCLUDING ONE TROUSAND DOLLARSrHECEIVED DOR- ING EACH MONTH AND FIVE PERCENT OF ALL GROSS INCWE IN EXCESS OF ONE THOUSAND DOLLARS RECEIVED DUR1I4G EACH MONTH, SAID AMOUNT BEING PAYABLE ON THE FIFTH DAY OF EACH AND EVERY MONTH NEXT SUCCEEDING LURING THE TERM OF THE LEASE RUNNING FOIi A PERIOD OF TWO YEARS IN CON- NECTION WITH THE AIRLINE COM'lISSARY SERVICE CONDUCTED IN THE CUISINE BUILDING LOCATED ON SAID Pr=ISES AND UNNED BY SAID J. D. SPARES, UNDER THE TERMS AND CON- DITIONS OF SAID LEASE A COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. HE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS-. SECTION 1, That the City Manager be, and he is hereby, authorised and directed for and on behalf of the City to execute a lease agreement with J. D. Sparks covering 420 square feet of land southwest of Braniff Airlines' Crew Chief's Office at the Cliff Muss Airport as more particularly described herein for and in consideration of rent in an amount equal to three per cent of the gross receipt income up to and including one thousand dollars received during each month and five percent of all gross income in excess of one thousand dollars received during each month, said - amount being payable on the fifth day of each and every month next Succeeding during the term of the lease running for a period of two years in connection with the airline commissary service con- ducted in the cuisine building located on said premises and owned by said J. D. Sparks, under the terms and conditions of said lease, a copy of which is attached hereto and made a part hereof. SECTION 2. That the public importance of providing aforesaid facilities at the Municipal Airport and of deriving revenue for the upkeep of said field at all times 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, and the Mayor, declaring such emergency and necessity to exist, having requested the suspension of said Charter rule and that this ordinance be passed finally on the data of its introduction /and take effect and be in full force and effect from and after the date of its passage, IT IS ACCORDINGLY PASSED JalS iqz* AND APPROVED This thee' ay of August, 1951. /M/AYOR PRc -Yr WC/ J �XX -.C.CJ / CT'TY OF CORPUS CHRISTI, TEAS > y becretary APPROVED AS TO AL FORM: City'Attorney Corpus Christi, Texas 2 --1-950- TO THE ?dE5 ®ESS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemens 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 data 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, 3/17 ` MAY s -�Fr� J_ sty of Corpus risti, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote, Wasserman �Leslie y�.�// L Jack OeForrest Barney Cott Sydney E. Herndon George L. Lowman 3/17 Dm -2 -jI THE STATE OF TEXAS KNOT ALL LIEN BY THESE PRESENTSt COUNTY OF NUECES j This lease contract, made and entered into this first day of August A. D. 1951, between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called Lessor, and J. D. Sparks, a resident of Corpus Christi, Nueces County, Texas, hereinafter called ` Lessee, 4 I T N E S S E T H That Lessor by these presents does hereby lease and demise unto Lessee the following described premises at Cliff Maus Field, Corpus Christi, Texas, to mitt Being an irregular plat of ground located 10 feet Southwest of Braniff Airlines' Crew Chief's Office at the Municipal Airport, Corpus Christi, Texas, and more particularly described as followat Beginning at a point in the Northwest property line of the Municipal Airport, same being the Southeast boundary of the Old Brownsville Road, from whence the Southwest property corner of the Airport bears South 43 deg. 05 min. Vest, a dintanco of 4646.13 feet; Theme South 46 deg. 55 min. East, a distance of 75.7 feet to the Northwest corner of this lease and the beginning of this survey; Thence South 46 deg. 55 min. East, a distance of 12 feet to a corner; Thence South 43 deg. 05 min. West, a distance of 8 feat for a corner; Thence South 46 deg. 55 min. East, a distance of 17 feet for a corner; Thence South 43 deg. 05 min. Vast, a distance of 10 feet for a corner; Thence North 46 deg. 55 min. Vlest, a distance of 29 feet for a corner, Thence North 43 deg. 05 pin. East, a distance of 18 feet to the place of Beginning; Containing 420 square feet of land, upon the following conditions and covenants, to -wit: FIRST' Lessee, at his own expense, has purchased from Mrs. Bernice Dartsup, a fame sole, a stucco, cuisine building previously placed by her on surface foundation situated on the above described plot -1- of ground, together with the business previously conducted by her _ st said location. This building and fixtures thereon shall remain the property of the Lessee and shall be removed by the Lessee at his ttown expense upon termination of the lease agreement contained herein.'yIf . adequate sewage facilities are available for connection to said cuisine building, Lessee, at his own expense, shall cause such a connection to be effootedl and if no such adequate facilities a" made available, Lessee, at his own expense, shall cause to be installed a septic tank sufficient to dispose of waste and sewage in a sanitary manner and cause said cuisine building to be connected thereto. Any septic tank so installed shall remain the property of the Lessee and shall be re- movable by Lessee at his expense on termination of the tenancy created herein. SECOND= The term of this lease shall be for a period of two (2) years, commencing August 11 1951, and as consideration there- : for, Lessee agrees to pay to Lessor not later then the fifth (5th) day < of each and every month, rent in an amount equal to three per cent (3) of the gross receipt income up to and including One Thousand and No /100 ($1,000.00) Dollars received during the preceding month in connection with the air line commissary service conducted in the said cuisine building, and five per cent (5 %) of all gross income in excess of One Thousand and No /100 ($1,000.00) Dollars. THIRD: Should there, at any time, be any default in the payment of any rent, or in any of the covenants herein contained, then it shall be lawful for the Lessor to declare this lease contract cancelled and terminated, and to re -enter said premises and remove all persons therefrom without prejudice to any legal remedies which may be used for the collection of rent, all and every claim for damages, for or by reason of said re -entry being hereby expressly waived. FOURTH: At the expiration of this lease, Ceases agrees to quit and surrender the said premises in as good state and condition as a reasonable use and wear thereof will permit. FIFTH: Lessee is not to sublet the said premises, or any part thereof, without written permission from Lessor. -2- SIXTH: It is expressly agreed and understood by and between the parties hereto, that the Lessor shall have, and by this _ contract has a valid first lien upon any and all of the goods, furniture, chattels or property of any description belonging to the Lessee as a security for the payment of all rent due or to become due, and any and all exemption lave in force in this state by which said property might be held, are hereby expressly waived. SEVENTH: It is expressly agreed and understooa that the business conducted on the herein described premises shall be that of operating an air line commissary service and Lessee agrees not to engage in any other type of business or industry on said leased premises; pro — in vided, however, that /the event any other parson, firm or business operat- ing under contract with the City shall engage in competition with the Lessee, then and in that event, Losses shall be privileged and is hereby given express permission to operate and conduct a restaurant or cafe on said premises. EXECUTED in duplicate original at Corpus Christi, Texas, this _ day of A. D. 1951. CITY OF CORPUS CHRISTI, Lessor By% ATTEST: City Manager City Secretary APPROVED AS TO LEGAL FCRMs City Attorney J. D. Sparks —3—