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HomeMy WebLinkAbout03618 ORD - 12/16/195317 AN ORDINANCE No. 3618 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA LEASING 0.23 ACRES OF LAND LOCATED AT CLIFF MAUS MUNICIPAL AIRPORT TO BE USED BY THE CIVIL AERONAUTICS ADMINISTRATION AS A REMOTE RECEIVER SITE FOR THE TERM BEGINNING OCTOBER 1, 1953 AND ENDING JUNE 30, 1954, A COPY OF WHICH LEASE AGREEMENT 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 OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A LEASE AGREEMENT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH THE UNITED STATES OF AMERICA, LEASING APPROXIMATELY 0.23 ACRES OF LAND LOCATED AT CLIFF MAUS MUNICIPAL AIRPORT TO BE USED BY CIVIL AERONAUTICS ADMINISTRATION FOR A SITE FOR A REMOTE RECEIVER SITE FOR THE TERM BEGINNING OCTOBER 1, 1953 AND ENDING JUNE 301 19547 A COPY OF WHICH LEASE AGREEMENT 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR PROVIDING ADEQUATE AVIATION FACILITIES FOR THE USERS OF CLIFF MAUS MUNICIPAL AIRPORT CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE 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 PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUS- PENDED, 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 l[O L14DAY OF DECEMBER, 1953. MAYOR L, THE CITY OF CORPUS CHRIS I, TEXAS ATTEST;- - -\ CITY SECRETARY / APPROVED AS TO LEGAL FORM: .fib CITY ATTORNEY wad Form nor. air Clr.. s. co�err„r,e�d, scenasra s�,� r:,., z AS'O., oa fay cea by fire Oivil dezRe is,dA ly 3i, tretimr.) (Revised Sulu 3i, 1946) DEPARTMENT OF COMMERCE CIVIL AERONAUTIcs ADMINISTRATION WASHINGTON Rewts Transadtter Station Site, Corpus Christi, Tome Airway Site No. LEASE between Cm OF CRAPii: Cowl and THE UNITED STATES OF AMERICA I. This LEASE, made and entered into this dayof in the year one thousand nine hundred and 11flo-thres by and between our or GoRPUS C!w'ST , whose address is Mmio4141 Ate# Min Mau Fisidi Corpus ObAsti, Tome for its heirs, executors, administrators, successors, and assigns, herein- after called the lessor, and the UNITED STATES of AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The lessor hereby leases to the Government the following described,premises, viz: Atrftt of Und within Vo boundaries of the Huniaipsl Airport, Cliff hate Field# Carpus Christi, Nueese CouAgs Tina, mors, psrtiouUw),v daearibed as follawas From the NW and of the oantral taAvW (NWIfE) to Northmster:4 230 feet frith the egntalUm of raid tatdtW to the Point of BsSimdngj thwee go N AP V 1C0 bwtj t s*= 6,450 W. 100 foetj theme 6 4,0 R 140 feat j thanes N ,& Ts 100 feet returning to the Paint of Boonningi Consisting of a tract of land Contain 0.23 acme$ ware or loss. Bearings wo farm. }j / �I �' / �1l Y I v' f I �f �i `i �f, I � I ' II! �' �'J ° 1 � / I i' 1 � "�' Y I I I/ macros -a And a right -of -way for ingress and egress to and from the premises; a right -of -way or rights - of -way for establishing and maintaining a pole line or pole lines for extending electric power, tele- phone, and telephone typewriter facilities to the premises; and rights -of -way for subsurface power, communication and water lines to the premises; all sights- of -veay to be over the said lands and adjoining lands of the lessor and, unless hereinbefore described by metes and bounds, to be by the most convenient routes; And the right to establish and maintain beacon lights and other lighting equipment, radio, and other facilities for communication and signaling purposes, and other facilities and equipment for the guidance and operation of aircraft; And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance or hazard to the operation of aircraft or to the establishment and maintenance of air navigation facilities; 3. To HAVE AND To HOLD the said premises with their appurtenances for the term beginning C�Ctubor 1, 1953 and ending with June 30, 1954. 4. The Government shall not assign this Iease in any event, and shall not sublet the demised premises except to a desirable tenant and for a similar purpose. 5. This lease may, at the option of the Government, be renevied from year to year at a rental of ir>7e bh liCf _C 3 . 0 1 t t3 (wwl.b(3j �nrr� and o 4 e:w se upon t e erms and conditions herein specified, provided notice be given in writing to the lessor at least trirt, days before this lease or any renewal thereof would other- wise expire: Provided that no renewal thereof shall extend the period of occupancy of the premises beyond the thirtieth day of June E. The lessor shall furnish to the Government, during the occupancy of said premises, under the terms of this lease, as part of the rental consideration, the following: s °RiYiiIF:G 7. The lessor shall not, during the term of this lease erect any structures on the premises, nor use nor allow the use of the said premises in any manner without the written consent of the Depart- ment of Commerce, Civil Aeronautics Administration. 3. The Government shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect additions, structures or signs, in or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed therefrom by the Government upon the termination of this lease or within 90 days thereafter. 9. The Government shall pay the lessor, for the premises, rent at the following rate: tins, and no/%00 :aouars (".00 per a==. Payment shall be made at the end ofd each Government Fima Yearf June 30tbq x111 r4nt61 Ms, tec2tc I$r Ivo�VYei�er'of 1,1D eIe a e is Co n resso "'dton of Vouahars Or ilrvcieeg. g gesi ent amrnissioner shall be admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of such corporation Ol' ecnzpwny. ic--- aaaoa,z F— AC 413 (U. B- Oave[ement Stnn2nrd 7 —'T0.3 . ngmod -.red fnx vac by tre Giv tl 4eronaucica _4dm:nisC�acicn.) (Revib d duly 31, IA&) (Sheet 2) I1- The Gkiverrmaent is also granted a m foot riC;htwof_wm r frco the leaned premises to the ti4acent tm dmV for wid maintc+wwo of an entrnnoe roadp as show on f:. -ddbit "'P, wtdch is attached and made a part of this lease. The Gc(verment in also LTxited the right end privilege to install and maintain a seeti.©naliXIM frtationt ae t;"m on 7%hibit "+1 ", toCather with tie right to extODd w1derVOWN -1 Pmer and Owtrc� caalen frcm such station to the leased premisec.. 12. Ilie la&, -L paMmaph cut 11 a l bn6, j)Z with "Togather with" and ending with ";2irc raY'"t tj-�Oreen" wa.3 daletE,, and t1do Paragraphs as well ac Paragraph 11 allmt and 1:rf1ibit 0,111 attached, wmro ineerted and made a part of this lease, all prior tO t v' p� oP ttx ^ties to tbi is 10460. IN C� iT�1ESS WxF. oF, the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage elated against the above - described premises, the undersigned hereby consents to the foregoing lease and agrees that if, while the lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. Mortgagee. oily Op Gulnr Cmu"-a Lessor. Title Ey TaE UNITED STATES OF AMERICA, (If lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary) I- -- - - - - -- -------- -- - - - - -- .------- - --------- - - - - -— -- _--- - - - - - -- certify that I am the ___ _ -_ - - -_ - _- _-- __--- _____ -- Secretary of the corporation named as lessor in the attached lease; that------------------------- --- ------- — ------- --- ----------------- — ------- -- ---------- -------- ---- ----------- , who signed said lease on behalf of the lessor, was then _ _- of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. CCORPORATE] SEAL INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE 1. This form of lease shall be used by the Department of Commerce, Civil Aeronautics Admin- istration, in the leasing of sites for air navigation purposes. After proper execution by the lessor, the lease shall be submitted in quadruplicate to the Department of Commerce, Civil Aeronautics Administration, for acceptance by its contracting officer. 2. The lease shall be dated and the full name and address of the lessor clearly shown in article 1. The premises shall be fully described in article 2 and the area shown. The location by refer- ence to county and State, shall also be shown. 3. Whenever the lease is executed by the attorney, agent, or trustee on behalf of the lessor, three authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor, shall accompany the lease. 4. When the lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 5. Where the lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the same on its behalf, duly attested The corporate certificate on page 3 of the lease shall be properly filled in and the corporate seal affixed. If the corporation does not have a seal, that should be stated on the certificate. 6. Whenever the lease is executed by an administrator or executor on behalf of an estate, authenticated copies of the appropriate court order or probate certificate, evidencing his appointment as such by the court having jurisdiction over the administration of the estate, shall be attached. Real estate ordinarily vests in the heirs or devisees of the deceased owner and the fact that an execu- tor or administrator has been appointed does not necessarily authorize him to lease such property. Therefore, in addition to furnishing evidence of the appointment of the executor or administrator the authority of the executor or administrator to lease such property shall be shown by the furnish- ing of (a) an authenticated copy of an order of the court having jurisdiction over the administra- tion of the estate; or (b) a certified copy of an extract from the laws of the State where the prop- erty is located, with citations of the statutes extracted; or (c) an authenticated copy of the pro- bated will, if any. 7. If in connection with the use of the leased premises, the lessor is agreeable to furnishing as part of the rental consideration certain facilities and /or services, other than personal services, or is agreeable to granting any additional rights and privileges not specifically indicated in the lease, provision therefor shall be made under article 6. 8. If the premises are mortgaged the "Subordination of Mortgage Clause" shown on page 3 shall be filled in and signed by the mortgagee. If the premises are not mortgaged, the word "None" shall be indicated in the space provided for the signature of the mortgagee. 9. If in addition to the mortgagee, there is any other person having an interest in the premises, his or her written approval for the use of the premises by the United States for the desired pur- pose shall be indicated on the lease. 10. There shall be no deviation from this form of lease without prior authorization by the Director of Procurement, except— (a) The first paragraph, page 2, beginning "Together with," may be deleted if the prem- ises are not to be used to land and operate aircraft. (b) Article 3 may be drafted to cover a monthly tenancy or other period less than a year, if desired. (c) In, article 5 if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "from year to year" may be deleted and proper sub- stitution made. If the right of renewal is not desired or cannot be secured, article 5 may be deleted. (d) Additional provisions, relating to the particular subject matter that may be mutually agreed upon, may be inserted, if not in conflict with the standard provisions. 11. When additional provisions, relating to the particular subject matter that may be mutually agreed upon, are inserted or when necessary deletions or other alterations are made before the signing of the lease by the lessor, natation shall be made in the blank space following article 11 to the effect that they were made before the signing of the lease; if made after the signing of the lease, they shall be properly initialed by the lessor. 12. If the property '.eased is located in a State requiring the recording of lease in order to pro- tect the tenant's rights, care should be taken to comply with all such sta,utaiy requirements. >/ 0 L 1 fi /;//' .ter >i f r - tr. lzj rrL- P Si ---- I CORPUS CHRISTIy TEXAS �> 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 IS INTRODUCEDy 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 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 I.. NAISMITH W. JAMES BRACE 3�1(?