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HomeMy WebLinkAbout03612 ORD - 12/09/1953TEXAS: AN ORDINANCE NO. 3612 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE LEASE AGREEMENTS WITH THE FOLLOWING, COVERING LEASES AT CUDDIHY FIELD, NUECES COUNTY, TEXAS: ROGER L. GAULT D /B /A GAULT AVIATION, FOR THE NORTHWEST ONE -HALF OF HANGAR NO. 651; FORREST L. POWERS FOR THE SOUTHWEST QUARTER OF HANGAR NO. 653; BOYS' CITY, FOR THE BUILDING KNOWN AS SHIP SERVICE, SAME BEING BUILDING NO. 613; ROD MORE AVIATION SERVICES, INC., FOR TH�F,EAST ONE -HALF OF HANGAR NO. 651; LA GLORIA CORPORATION VOR THE NORTHEAST QUARTER OF HANGAR NO. 653; J. T. IRWIN, FOR THE NORTHEAST QUARTER OF HANGAR NO. 652; CLAUDE W. GLASSON, FOR THE SOUTHEAST QUARTER OF HANGAR NO. 652; ERNEST A. BROWN,V;�JR., FOR ;HE SOUTHWEST QUARTER OF HANGAR NO. 653X ROGER L. GAULT, FOR THE NORTHWEST QUARTER OF HANGAR NO. 653; MRS. MARY E. DOSCHER, JOINED BY HER HUSBAND AUGUST DOSCHER, FOR THE BUILDING KNOWN AS CADET BARRACKS, SAME BEING BUILDING NO. 657; ERNEST A. BROWN JR., FOR THE NORTHWEST ONE -HALF OF HANGAR NO. 652: AND HAROLD C. RAHN, FOR BUILDING 602, A SCHEDULE SETTING FORTH THE NAME OF SUB - LESSEE, PROPERTY SUB - LEASED, TERM OF SAID SUB'--LEASE, FEE AND PURPOSE, BEING ATTACHED HERETO AND MADE A PART HEREOF, TOGETHER.WITH A FORM OF THE AGREEMENT USED FOR SUCH SUBLEASES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI LEASE AGREEMENTS WITH THE FOLLOWING, COVERING LEASES AT CUDDIHY FIELD, NUECES COUNTY, TEXAS: ROGER L. GAULT, D /B /A GAULT AVIATION, FOR THE NORTHWEST ONE -HALF OF HANGAR No. 651; FORREST L. POWERS, FOR THE SOUTHWEST QUARTER OF HANGAR No. 653; BOYS' CITY, FOR THE BUILDING KNOWN AS SHIP SERVICE, SAME BEING BUILDING No. 613; ROD MORE AVIATION SERVICES, INC., FOR THE EAST ONE -HALF OF HANGAR N0. 651; LA GLORIA CORPORATION, FOR THE NORTHEAST QUARTER OF HANGAR No. 653; J. T. IRWIN, FOR THE NORTHEAST QUARTER OF HANGAR No. 652; CLAUDE W. GLASSON, FOR THE SOUTHEAST QUARTER OF HANGAR N0. 652; ERNEST A. BROWN, JR., FOR THE SOUTHWEST QUARTER OF HANGAR No. 653; ROGER L. GAULT, FOR THE NORTHWEST QUARTER OF HANGAR No. 653; MRS. MARY E. DOSCHER, JOINED BY HER HUSBAND AUGUST DOSCHER, FOR THE BUILDING KNOWN AS CADET BARRACKS, SAME BEING BUILDING No. 657; ERNEST A. BROWN, JR., FOR THE NORTHWEST ONE -HALF OF HANGAR No. 652; AND HAROLD C. RAHN, FOR BUILDING 602, A SCHEDULE SETTING FORTH ':THE NAME OF SUB - LESSEE, PROPERTY SUB- LEASED, TERM OF SAID SUB - LEASE, FEE AND PURPOSE, BEING ATTACHED HERETO AND MADE A PART HEREOF, TOGETHER WITH A FORM OF THE AGREEMENT USED FOR SUCH SUB- LEASES. SECTION 2. THAT THE NECESSITY OF DERIVING REVENUE FROM CUDDIHY FIELD FOR THE UPKEEP OF SAID FIELD CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DAY IT IS INTRODUCED AND THAT SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND PUBLIC NECESSITY TO EX1STj REQUESTING THE 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 ACCORDING4Y SO ORDAINED. PASSED AND APPROVED THIS THE DAY OF DECEMBER, 1953. MAYOR � , THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRE RY,' APPROVED AS TO LEGAL FORM: ITY ATTORNEY RENTAL SCHEDULE NAME OF PROPERTY TERM OF RENTAL FEE PURPOSE SUB- LESSEE SUB - LEASED SUB -LEASE ROGER L. GAULT, DBA NORTHWEST ONE -HALF OF HANGAR NO. 651, LOCATED SEPTEMBER 1, 1953 SEVEN THOUSAND TWO AIRCRAFT STORAGE, GAULT AVIATION AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS, BEING THROUGH HUNDRED DOLLARS ($7,200) SALES, MAINTENANCE, RECTANGULAR IN SHAP "E, BEGINNING AT THE CENTER AUGUST 31, -1955 TO BE PAID IN MONTHLY OPERATIONS, SCHOOLS, DIVIDING LINE AT THE NORTHEAST END OF SAID HANGAR; INSTALLMENTS OF $300.00. AND SIMILAR AVIATION THENCE NE 130 FEET FOR A CORNER; THENCE NW 129 FEET ACTIVITIES. TO A ROAD FOR A CORNER; THENCE SW 485 FEET FOR A CORNER; THENCE SE 129 FEET FOR A CORNER; THENCE SE 150 FEET TO THE DIVIDING LINE OF SAID HANGAR, AT THE END OF SAME, AND THENCE ALONG THE CENTER LINE OF SAID HANGAR TO THE PLACE OF BEGINNING, TOGETHER WITH CONCRETE APRONS ADJACENT AND AD- JOINING THERETO. FORREST L. POWERS SOUTHWEST QUARTER OF HANGAR NO. 653, LOCATED AT SEPTEMBER 1, 1953 THREE THOUSAND SIX AIRCRAFT STORAGE,' CUDDIHY FIELD IN NUECES COUNTY, TEXAS, TOGETHER THROUGH HUNDRED DOLLARS _($3,60Oj SALES, MAINTENANCE, WITH CONCRETE APRONS ADJACENT AND ADJOINING THERETO. AUGUST 31, 1955 TO BE PAID IN MONTHLY OPERATIONS, SCHOOLS, INSTALLMENTS OF $150.00. AND SIMILAR AVIATFON ACTIVITIES. BOY6 CITY THE BUILDING KNOWN AS SHIP SERVICE, SAME BEING SEPTEMBER 11 1953 EIGHT HUNDRED AND FOR A HOME FOR THE BUILDING NO. 613, LOCATED AT CUDDIHY FIELD, IN THROUGH FORTY DOLLARS ($840) INHABITANTS OF BOYS' NUECES COUNTY, TEXAS. AUGUST 31, 1954 TO BE PAID IN MONTHLY CITY. INSTALLMENTS OF $70.00. ROD MORE AVIATION EAST ONE -HALF OF HANGAR NO. 651, LOCATED AT SEPTEMBER 1, 1953 SEVEN THOUSAND TWO AIRCRAFT STORAGE, SERVICES, INC. CUDDIHY FIELD IN NUECES COUNTY, TEXAS, TOGETHER THROUGH HUNDRED DOLLARS 07,200) SALES, MAINTENANCE, WITH CONCRETE APRONS ADJACENT AND ADJOINING AUGUST 31, 1955 TO BE PAID IN MONTHLY OPERATIONS, SCHOOLS, THERETO DESCRIBED AS FOLLOWS; BEING RECTANGULAR INSTALLMENTS OF $300.00. AND SIMILAR AVIATION IN SHAPE; BEGINNING AT THE CENTER DIVIDING LINE ACTIVITIES. AT THE NE END OF SAID HANGAR; THENCE NE 130 FEET FOR CORNER; THENCE SE 190 FEET FOR CORNER; THENCE NE 150 FEET TO DIVIDING LINE OF SAID HANGAR AT THE SW END OF SAME. RENTAL SCHEDULE (CONT'D) NAME OF PROPERTY TERM OF RENTAL FEE PURPOSE SUB - LESSEE SUB - LEASED SUB -LEASE LA GLORIA CORPORATION NORTHEAST QUARTER OF HANGAR NO. 653 LOCATED SEPTEMBER 1, 1953 THREE THOUSAND SIX AIRCRAFT STORAGE, AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS, THROUGH HUNDRED DOLLARS($3,600) SALES,MAINTENANCE, TOGETHER WITH CONCRETE APRONS ADJACENT AND AUGUST 31, 1955 TO BE PAID IN MONTHLY OPERATIONS, SCHOOLS, ADJOINING THERETO. INSTALLMENTS OF $150.00. AND SIMILAR AVIATIONS ACTIVITIES. J. T. I NORTHEAST QUARTER OF HANGAR No. 652, LOCATED SEPTEMBER 1, 1953 THREE THOUSAND SIX AIRCRAFT STORAGE; -RWIN AT CUDDIHY FIELD, IN NUECES COUNTY, TEXAS, TO- THROUGH HUNDRED DOLLARS ($3,600) SALES, MAINTENANCE, GETHER WITH CONCRETE APRONS ADJACENT AND AD- AUGUST 31, 1955 TO BE PAID IN MONTHLY OPERATIONS, SCHOOLS, JOINING THERETO. INSTALLMENTS OF $150.00 AND SIMILAR AVIATION ACTIVITIES. CLAUDE W. GLASSON SOUTHEAST QUARTER OF HANGAR No. 652, LOCATED SEPTEMBER 1, 1953 THREE THOUSAND SIX AIRCRAFT STORAGE,., AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS, TO- THROUGH HUNDRED DOLLARS ($3,600) SALES, MAINTENANCE, GETHER WITH CONCRETE APRONS ADJACENT AND AD- AUGUST 31, 1955 TO BE PAID IN MONTHLY OPERATIONS, SCHOOLS, JOINING THERETO. INSTALLMENTS OF $150.00. AND SIMILAR AVIATION ACTIVITIES. ERNEST A. BROWN, JR. SOUTHWEST QUARTER OF HANGAR ND. 653 LOCATED SEPTEMBER 1, 1953 TWO THOUSAND FOUR AIRCRAFT- STORAGZ, t AT CUDDIHY FIELD, IN NUECES COUNTY, TEXAS, TO- THROUGH HUNDRED DOLLARS ($2,400) SALES, MAINTENANCEy GETHER WITH CONCRETE APRONS ADJACENT AND AD- AUGUST 311 1955 TO BE PAID/ AONTHLY OPERATIONS, SCHOOLS, JOINING THERETO. INSTALLMENTS OF $100.00 AND SIMILAR AVIATION ACTIVITIES. ROGER L. GAULT NORTHWEST QUARTER OF HANGAR 653, LOCATED AT NOVEMBER 1, 1953 TWO THOUSAND TWO CUDDIHY FIELD IN NUECES COUNTY, TEXAS, TO- THROUGH HUNDRED DOLLARS ($2,200) GETHER WITH CONCRETE APRONS ADJACENT AND AD- AUGUST 31, 1955 TO BE PAID IN MONTHLY JOINING THERETO. INSTALLMENTS OF $100.00. ' RENTAL SCHEDULE (CONT'D) NAME OF PROPERTY TERM OF SUB - LESSEE SUB - LEASED SUB -LEASE RENTAL FEE PURPOSE MRS. MARY E. DOSCHER, JOINED THE BUILDING KNOWN AS CADET BARRACKS, NOVEMBER 1, 1953 SEVEN THOUSAND AND TO BE USED AS A BY HER HUSBAND AUGUST SAME BEING BUILDING NO. 657, LOCATED THROUGH TWO HUNDRED DOLLARS CONVALESCENT HOME DOSCHER AT CUDDIHY FIELD, IN NUECES COUNTY, OCTOBER 31, 1956 $7,200) TO BE PAID TEXAS. IN MONTHLY INSTALL- MENTS OF $200.00. ERNEST A. BROWN, JR. NW ONE -HALF OF HANGAR No. 652, LOCATED SEPTEMBER 1, 1953 THREE THOUSAND AND AIRCRAFT STORAGE, AT CUDDI "Y FIELD IN NUECES COUNTY, TEXAS, THROUGH SIX HUNDRED DOLLARS SALES, MAINTENANCE, TOGETHER WITH CONCRETE APRONS ADJACENT AND AD- AUGUST 311 1955 ($3,600) TO BE PAID OPERATIONS, SCHOOLS, JOINING THERETO DESCRIBED AS FOLLOWS; IN MONTHLY INSTALL- AND SIMILAR AVIATION BEING RECTANGULAR IN SHAPE. BEGINNING MENTS OF $300.00. ACTIVITIES. AT THE CENTER DIVIDING LINE AT THE NE END OF SAID HANGAR; THENCE NE 130 FEET FOR CORNER; THENCE NW 129 FEET TO ROAD FOR CORNER; THENCE sw 465 FEET FOR CORNER; THENCE SE 129 FEET FOR CORNER; THENCE NORTH 130 FEET TO DIVIDING LINE OF SAID HANGAR AT THE SW END OF SAID HANGAR, FOR AIRCRAFT STORAGE, SALES, MAINTENANCE, OPERATIONS, SCHOOLS, AND SIMILAR AVIATIONS ACTIVITIES. HAROLD C. RAHN THE PUBLIC WORKS MAINTENANCE BUILDING, SAME BEING BUILDING 602, LOCATED AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS. DECEMBER 1, 1953 THROUGH NOVEMBER 30, 1954 ONE THOUSAND THREE HUNDRED TWENTY DOLLARS $1,320) TO BE PAID IN MONTHLY INSTALL- MENTS OF $110.00. LIGHT EQUIPMENT MANUFACTURING. THE STATE OF TEXAS Q COUNTY OF NUECES Q THIS AGREEMENT MADE AND ENTERED INTO THUS THE DAY OF 195� BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXA5s A MUNICIPAL CORPORATION, HEREINAFTER CALLED "SUB - LESSOR" AND LESSEE, OF NUECE5 COUNTY, TEXAS, HEREhNAFTER CALLED IISUB- LESSEEp. W I T N E S S E T He THE CITY OF CORPUS CHRISTI, TEXAS, DOES BY THESE PRESENTS, SUB -LEASE AND DEMISE UNTO THE SAID SOB - LESSEE, THE FOLLOWING DESCRIBED PREMISES, TO -WITS FOR THE TERM OF , SAID SUBLEASE BEGINNING THE DAY OF y 195, AND ENDING THE DAY OF , 195�y° THE SUBLESSEE BS TO PAY THEREFOR THE SUM OF ($ gJ FOR THE TERM OF THIS SUB =LEASE, SAME TO BE PA6D IN MONTHLY INSTALLMENTS OF $ , SAID MONTHLY INSTALLMENTS TO BE PAID EACH MONTH IN ADVANCE, THE FIRST TO BE PAID ON THE FIRST EFFECTIVE DATE -OF THIS SUB - LEASE, AND A LIKE ONSTA6IMENT ON THE SAME DAY OF EACH SUCCEEDING MONTH THEREAFTER DURING THE TERM OF SAID SUB - LEASE, SUBJECT TO THE FOLLOWING CONDITIONS AND COVENANTS' 1, THAT THE SUB -LESSEE SHALL PAY THE RENT IN ADVANCE AS AFORESAID, AS THE SAME SHALL FALL DUE. Z. IT IS UNDERSTOOD AND AGREED THAT THE PREMISES LEASED HEREUNDER ARE TO SE 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 SUB- LESSIIR HEREUNDER IN WRITING. 3. IF THE SUB - LESSEE SELLS GASOLINE AT PREMISES LEASED HEREUNDER IN CONNECTION WITH USE OF SAME, -THEM IN SUCH EVENT Sus- LESSEE AGREES TO P AY THE SUB - LESSOR THE SUM OF TWO CENTS ($.02) PER GALLON FOR THE FIRST FIVE THOUSAND (5,000) GALLONS OF GASOLINE SOLD -AigY ONE CALENDAR MONTH ON THE PREMISES LEASED HEREUNDER; AND ONE CENT 4.01) PER GALLON FOR EACH GALLON OVER FIVE THOUSAND (5,000) GALLONS SOLD DURING ANY ONE CALENDAR MONTH OM THE PREMISES, SAME 70 BE PAYABLE ON THE 10TH DAY 'OF EACH CALENDAR MONTH FOLLOWING THE SALE, DURING THE -TERM OF THIS SUB - LEASE, IT BEING UNDERSTOOD THAT THIS RENTAL -EASED ON THE SALE OF GASOLINE IS TO BE IN ADDITION TO THE RENTAL CHARGE HERETOFORE MENTIONED IN THIS AGREEMENT. 4. SUB- LESSEE AGREES NOT TO ENTER INTO A SUBORDINATE SUB -LEASE OF THE PREMISES OR ANY PORTION THEREOF, OR PERMIT THE USE THEREOF BY ANY INDEPENDENT CONTRACTOR, WITH- OUT THE CONSENT OF THE SUB - LESSOR HEREIN IN WRITING. 5. IT IS FURTHER UNDERSTOOD AND AGREED THAT IN THE EVENT A PORTION OF THE PREMISES HEREIN CEASED IS SUB - LEASED -BY THE SUB - LESSEE, THEN AND IN SUCH EVENT, THE SUBLESSEE 'HEREON AGREES TO PAY THE SUB -LESSOR HEREIN THE SUM OF 10% OF THE GROSS AMOUNT RECEIVED FROM SUCH SUBORDINATE Sus-LESSEE FOR THE SUBORDINATE SUB - LEASE, SAID AMOUNT TO BE IN ADDITION TO THE RENTALS HEREINABDVE SET OUT. 6. NO ADDITIONS OR ALTERATIONS SHALL BE MADE TO THE PREMISES WITHOUT THE CONSENT OF THE SUB - LESSOR IN WRITING; AND IT IS EXPRESSLY AGREED THAT ALL PERMANENT ADDITIONS OR ALTERATIONS MADE BY THE SUBLESSEE SHALL BECOME THE PROPERTY OF THE SUB - LESSORD 7D THE SUB - LESSEE AGREES THAT THEY WILL TARE GOOD CARE OF THE PROPERTY AND ITS APPURTENANCES, AND 'SUFFER NO WASTE, AND SHALL BLEEP THE SAID PREMISES IN GOOD REPAIR AT THEIR OWN EXPENSE, AND AT THE END OR OTHER EXPIRATION OF THE TERM OF THIS SUB =LEASE, SHALL DE -LEVER UP THE DEMISED PREMISES VN GOOD ORDER AND CONDITION, AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. 8. THE Sus- 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 SUB - LESSOR (THE CITY) HEREIN, FOR THE USE OF ITS EMPLOYEES AND THE GENERAL PUBLIC, TO ALLOW THEM TO ENTER HANGER N®. 651 FOR THE PURPOSE OF VISITING THE OFFICE OF THE AIRPORT MANAGER AND THE CONTROL TOWER. -2- . 10. THE SUB - LESSOR RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY TIME DURING THE EXISTENCE 'OF THIS LEASE FOR THE "PURPOSE OF fBPSECTING THE SAME IN ORDER TO DETERMINE WHETHER THE TERMS OF THIS SUB -LEASE ARE -BEING OBSERVED AND CARRIED OUT. 11. THE PRICES CHARGED FOR THINGS SOLD ON THE PREMISES BY THE SUB - LESSEE SHALL AT ALL TIMES BE REASONABLE, AND NOT E'XHORBITANT, AND COMPARABLE WITH PRICES CHARGED FOR THE SAME-ARTICLES AT SIMILAR PLACES tN THE CITY OF CORPUS CHRISTI. 12. THE SUB-LESSEE AGREES TO TAKE GOOD CARE OF ALL MOVABLE EQUIPMENT, FIXTURES AND PROPERTY OF ANY NATURE, FURNISHED BY THE SUB - LESSOR, AND WILL KEEP SAME IN GOOD RE -PAIR AT THEIR OWN EXPENSE, AND AT THE - EXPIRATION OF THE TERM OF THIS LEASE FOR ANY CAUSE, SHALL DELIVER TO THE SUB - LESSOR ALL OF SUCH MOVABLE EQUIPMENT, FIXTURES AND ALL PROPERTY OF ANY NATURE, tN GOOD ORDER AND CONDITIONS, AS SAME IS NOW IN, REASONABLE WEAR AND TEAR ONLY EXCEPTED. THE SUBmLESSEE "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, SUB - LESSEE IS TO REPLACE SAID PROPERTY, IN ITS SAME STATE AND CONDITI.ONS AS SAME WAS IN WHEN TURNED OVER TO SUB °LESSEE, AN INVENTORY OF ALL PERSONAL PROPERTIES AND EQUIPMENT FURNISHED BY THE SUB - LESSOR TO SUB- LE -SSEE 15 TO BE SIGNED BY Sus-LESSEE AND THE AIRPORT MANAGER FOR THE Sus-LESSOR, CITY OF CORPUS CHRISTI, (HEREINAFTER REFERRED TO AS AIR -PORT MANAGER), SAME TO SET OUT A DESCRIPTION OF THE PROP- ERTY AMD"EQUI -PMENT 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 AGREE- MENT FOR ALL - PERTINENT PURPOSES. SUB - LESSEE AGREES THAT IN THE EVENT THAT DEATH OR INJURY OCCURS TO ANY PERSON OR LOSS, DESTRUCTION OR DAMAGE OCCURS TO ANY PROPERTY IN CONNECTOON WITH THE MAINTENANCE, OPERATIONS OR REPAIR OF THE LEASED PREMISES AND THE FACILITIES COVERED HEREUNDER, OCCASION- ED BY THE ACT OR OMISSIONS OF THE SUB -LESSEE, ITS AGENTS OR EMPLOYEES, THE SUB - LESSEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE SUB - LESSOR FROM AND AGAINST ANY LOSS, EXPENSE, CLAIMS OR DEMANDS TO WHICH THE SUB-LESSOR MAY BE SUBJECT AS TO THE RESULT -OF SUCH DEMANDS, LOSS, DESTRUCTION OR DAMAGE. THE SUB- =LESSOR 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. 13. SUB - 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 SUB - LESSOR CITY -3- OF CORPUS CHRISTI, TEXAS'S FOR THE OPERATION OF THE LEASED PREMISES, AND WILL ABIDE BY ALL RULES AND REGULATIONS SET OUT BY SAID AIRPORT MANAGER. THE Sus-LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE "TO' SAID "PREMISES AS OF SAME WAS LOCATED IN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH, SANITARY, FORE AND POLICE DEPARTMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS, 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. Sum—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 SUBmLE -SSOR CITY OF CORPUS CHRISTI, AND ALL ORDINANCES AFFECTING THE PROPERTY LEASED OR THE AIRPORT, AND THE SAID EMP- LOYEES SHALL REMAIN ON THE PREMISES OF THE Sue—LESSEE AT ALL TIMES, UNLESS THEIR OFFICIAL DUTIES REQUIRE OTHERWISE, AND THAT THEY WILL USE ONLY THE TOILETS AND WASHROOMS DESIGNATED FOR THE SUBLESSEE AND HIS EMPLOYEES. 14. THE Sus—LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES IN THE DEMISED PREMISES; AND WILL NOT PERMIT SMOXING 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 FIRE DEPARTMENT OF THE CITY OF CORPUS CHRISTI; BUD—LESSEE FURTHER AGREES TO PAINTS DOPE, STORE INFLAMMABLE HATERIALSS WELDS OR CARRY ON ANY ACTIVITY THAT MIGHT BE A FIRE HAZARD, -ONLY IN THOSE PLACES DESIGNATED BY THE FIRE MARSHALL OF THE CITY OF CORPUS CHRISTI. 15. THE SUB—LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL ORDERS AND RE- QUIREMENTS IMPOSED BY THE HEALTH, SANITARY, FIRE AND POLICE DEPARTMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE CORRECTIONS PREVENTION AND ABATEMENT OF NUISANCES AND/OR HAZARDS INS UPON, OR CONNECTED WITH SAID PREHOSES DURING THE TERM OF THIS LEA -SE AT HIS OWN EXPENSE. 16D SUBLESSEE 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' ONE HUNDRED THOUSAND ($100.000.00) DOLLARS AND PROPERTY DAMAGE IN THE SUM OFe y FIFTY THOUSAND ($50,000.00) DOLLARS —4— TO INDEMNIFY AND SAVE HARMLESS THE CITY OF CORPUS CHRISTI (SUB - LESSOR HEREUNDER) AND THE UNITED STATES GOVERNMENT (ORIGINAL.LESSOR' 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, WHICN POLICIES SHALL NOT CONTAIN A SUBORDINATION CLAUSE WHICH COULD IN ANY WAY ENCUW&ER THE SAID CITY OF CORPUS CHRISTI OR THE UNITED STATES OF AMERICA. THE SUB - LESSEE SHALL INDEMNIFT AND -SAVE AND HOLD HARMLESS THE GOVERNMENT AND THE CITY OF CORPUS CHRISTI, THEIR RESPECTIVE OFFICE -RS, AGENTS AND EMPLOYEES OF AND FROM ANY AND ALL LIABILITY INCURRED AS A RESULT OF ANY BREACH BY THE SUB °LESSEE OR THE Sue-LESSOR HEREUNDER OR THE AGENTS, SERVANTS, EMPLOYEES, INVITEES OR LICENSEES OF ANY Sue-LESSEE OR AS A RESULT OF ANY BREACH OF ANY COVENANT OR CONDITION OF THIS SUB- LEASE OR AS A RESULT OF /LE5SEE °S OCCUPANCE OR USE OF THE FACILITIES AND WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OR LACK OF DILIGENCE OF THE SUB -LESSEES ITS AGENTS, OFFICERS, SERVANTS OR EMPLOYEES. 17. HOWEVER, IT IS EXPRESSLY UNOERSTOOD AND AGREED BY THE PARTIES HERETO THAT THIS SUB -LEASE 15 SUBJECT TO THE LEASE BETWEEN THE UNITED STATES OF AMERICA, AE- PRESENTED 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 PORTION THEREOF AND THIS SUB -LEASE IS CONTINGENT ON SUCH LEASE FROM THE GOVERNMENT AND THE TERMS THEREOF, AND ALL RIGHTS OF THE SUB -LESSEE HEREIN ARE SUBJECT TO THE TERMS OF SAID LEASE FROM THE UNITED STATES GOVERNMENT, AND IT IS FURTHER AGREED THAT THE SUB-LESSOR IS NOT TO BE LIABLE IN ANY MANNERS FOR DAMAGES OF ANY NATURE, FOR ANY TERMINATION OF THIS LEASE OR ANY CHANGES OF THE RIGHTS OF THIS SUB -LESSEE BY VIRTUE OF ANY ACTION TAKEN BY THE UNITED STATES OF AMERICA OR THEIR AGENTS UNDER AFORESAID LEASE. AND IN THE EVENT FOR ANY REASON SAID LEASE BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI IS TERMINATED IIN 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 SUB -UEASE IS TO TERMINATE AS BETWEEN THE PARTIES HERETO AND THE $V8 =LESSOR CITY OF CORPUS CHRISTI IS NOT LIABLE IN ANY MANNER FOR DAMAGES OF ANY NATURE FOR SUCH TERMINATION OF THIS SUB -LEASE BY VIRTUE OF THE TERMI- NATION OF THE LEASE BETWEEN THE CITY AND THE UNITED STATES OF AMERICA OR BY VIRTUE OF e�o THE SURRENDER OF THE LEASED PREMISES TO THE UNITED STATES%OF AMERICA BY THE CITY OF CORPUS CHRISTI. 18. THE SUB - LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY OF THE COVENANTS AND tOIYDrT- tONS -OF THIS LEASE, THE Sus — LESSOR MAY ENFORCE THE PERFORMANCE OF ANY MODES OR MANNER PROVIDED BY LAW, AND MAY DECLARE THIS SUB—LEASE FORFEITED AT ITS DISCRETION, AND IT, ITS AGENTS OR ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, TO RE °ENTTR AND REMOVE ALL PERSONS THEREFROM, WITHOUT BEING DEEMED GUILTY OF ART MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDIES FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE SUB — LESSOR CITY OF CORPUS CHRISTI, ITS AGENTS, OR ATTORNEY, MAY RESUME POSSESSION OF THE PREMISES AND RE—SUBLET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENT THEY MAY OBTAIN, FOR ACCOUNT OF THE SUB —LESSEE, WHO SHALL MANE GOOD ANY DEFICIENCY; AND THE SUB- LESSOR (THE CITY) SHALL HAVE A LIEN AS SECURITY FOR THE RENT AFORESAID, OR ANY RENT DUE AND UNPAID UNDER SAID SUB — 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 SUB — LESSEE, WHICH LIEN SHALL -BE CUMULATIVE OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO. 19. NOTWITHSTANDING ANY PROVISION HEREOF REGARDING THE TERMS OF THIS SUB—LEASE IT IS AGREED THAT UPON NINETY (90) DAYS WRITTEN NOT -ICE EITHER THE CITY OR THE Sus—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. 20. THIS CONTRACT CONTAINS ALL OF THE PROVISIONS AGREED UPON BY THE PARTIES HERETO AND DIS PLACES ALL PREVIOUS VERBAL OR ORAL. AGREEMENTS. WITNESSETH THE HANDS OF THE PARTIES HERETO THIS THE DAY OF , 195 ATTESTa CITY SECRETARY APPROVED AS TO LEGAL FORMs CITY ATTORNEY CITY OF CORPUS CHRISTI, TEXAS CITY MANAGER SUB —LESSEE -6- THE STATE OF TEXAS COUNTY OF NUECES 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 OF OFFICE, THIS DAY of 195- NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS Q 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 ACKNOWLEDGED TO ME T14AT 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF 95 -. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS CORPUS CHRISTI, � TEXAS /' E _, 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH \N THE EMERGENCY CLAUSE OF THE FOREGOING 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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE. A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE J 3(pI-)-,