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HomeMy WebLinkAbout03664 ORD - 02/17/1954AN ORDINANCE NO. 3664 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI P. 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 FEBRUARY 16, 1954, 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, AIiD 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 FEBRUARY 16, 1954 AND ENDING JUNE 30, 1954, 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 / 7 (DAY OF FEBRUARY, 1951. APPROVED AS TO LEGAL FORM: THE OF CORPUS CHRISTI, TEXAS Foxan ACA 411 (II. 4. Gaverumont S[undnrd Fnrm Ira. 2 As mod_ficd for use by the Civil Acroosulics Ad,, rjoiratiou.) (Revised July 31, 1242) DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION WASHINGTON Airway LEASE between CITY OF CCRF'UO Cii�.I iI and THE UNITED STATES OF AMERICA 1, This LEASE, made and entered into this in the year one thousand nine hundred and Fifty-your by and between SI= OF OORPUU C fltI$TI day of Reuote Transmitter Station :rite, Corpus Christi, Texas whose address is Ilutxlctpal Airport, Cliff I7aue Field, 2. 0. lox 1779, Corpus Christie Tease for ita heirs, executors, administrators, successors, and assigns, herein- after called the lessor, and the UNITED STATES of AMERICA, hereinafter called the Government: WTTNESSETH: 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: A tract of land urithin the boundaries of the liurd.dpol Airport, (tiff '.tus Field, Corpus Christi, Unsays Count, Texas, and uore particularly described as follows: Fr+oua the centerline at the 5rd sad of the paaaeiont of the WSW tazduxj (see Ldsilait °An attached) Go L 45° 4 with centerline extended of said taxiuR7 215 feet; ti rico S 2351 F to the point of baginmirk ; thence S 45°V 1001; thence u 45° C 100 feet; thane() '.i 45° F 100 fert; t ena l+ 45° U 100 feet; returaine to the point of bunt!, consisting of a trot of land containing 0.23 cores, amore or lees. uc :r'ii & are trust. amwivihmtillitfaildiaWaNNWININRWINN lb— Ly3n] -1 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 rights -of -way 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 Febra217 16 1954, and ending with June 3O 19%. 4. The Government shall not assign this Ieasc 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 renewed from year t^ yeas at a rental of Om ssr tn/311O Dollare (47..00) per ari and otherwise upon the terms and conditions herein specified, provided notice be given in writing to the lessor at least tarter (3D) 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 (3O) day of Juno , 1T)8. 6. 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 : 7. The Iessor 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. 8. 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 Govermment shall pay the lessor, for the premises, rent at the following rate: One and w/1101 Dollars ($r'.l.00) pare' aznnan. Payment shall be made at the end of each Goverment fieoal Year, June 30th., All rental y— m nts upder We lease will Z be made in -- arrears without inivaiasion of voucher. of £nvoiei 10. No Member of or Delegate to Congress or Resident Commissioner 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 or company. 18- 29303_1 F039n ACA 413 (11. 1. &avers neat Standard Form No. 2 As modified fox U10 by Ida Civil Aeror�autict Adrfviotrn 100.) (Revised Tiny 31, 1Nlt) (Sheet 2) 11,71Arefirteraliant is oleo granted a 20-Coot rig}it -of- ,r froLl the leaned promisee to the adjacent tati1ay for conetruotioa and maintenance of an entrance road ae as right and privilege to etten& underground power and Control cables from tie leased premises to its existing facilities ou the airport. DOTEllit "W" is ttta hed hereto &nd made a pert of this lease. 12. This lewd sucersedes and Lease C2oa- 51.4" whici� was executed iy the Char of C ebrl under date 16 l 3. l3 Thu en Page 1 nags irtfi ui "Tci�,ether �ritli" and wart; frith "air and Exhibit "A" attach a here inserted as cell as Paragraphs 11 and 12 c�kxnre end made a part Of this loam, all prior to ei attire of any of the parties to this lame. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage dated 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. Mortgeegee. aPPLCiral 15 TO L za. IYTtt:is City attorney erne or corl m (l1iZ i, Lessor. TLr' By THE UNITED STATES OF AMERICA, (if lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary) , 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. lb - 29303 -3 [CORPORATE] 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 site 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; er (5) 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 Ieased premises, the lessor is agreeable to furnishing as part of the rental consideration certain facilities and /or sex-vices, 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 rover 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. ' (4) 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, notation 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 leased 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 statutory requirements. »� « wC «r az8 z4 ,e23»E » y / > M /Tr . 2* 47 0, 2± Z/ N/ CJ « KAr-.. am.: : . \\ //5 \< \ 2 w 2 C4 :iA Y »5 t . . 0/ FE- kV / 7W CI / < :wzw g w Zoo' » & C &k /S % f V \/ CORPUS CHRISTI, TEXAS /% ,195 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS GENTLEMEN: FOR THE REA -SONS SET FORTH IN 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 FINALL» 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 , , / "" i , 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 WA5 PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE 5 PO