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HomeMy WebLinkAbout03919 ORD - 11/03/1954.• 3r:1. >eosrNR - .iV:r.a... - Y AN ORD114ANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A LEASE AGREEMENT WITH SANTOS RAMON AND MARY RAMON (SISTERS) COVERING BUILDING N0. bbl. LOCATED AT CUODIHY FIELD, NUECES COUNTY, TEXAS; 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 FOR AHO ON BEHALF OF SAID CITY A LEASE AGREEMENT WITH SANTOS RAMON AND MARY RAHOII (SISTERS) COVERING BUILDING N0. 663, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, A t COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF AND READS AS FOLLOWS, TO —WIT: THE STATE W TUGS j COUNTY W NIECES IT IS AGREED BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND SANTOs RAMON AND MANY RAMON (TWO SISTERS) THAT THE ►REMlscs BROWN As "QDILDINO 689 "/ CUDDIHY FItLOA 10 RENTED TO TIE SAID SANTOS AND MARV RAMON As SUSd6sscCT AT A MONTHLY RENTAL OF TWCNTY -FIVE (1125.00) OOLLAR$p PAYADLt IN ADVANCC ON OR SEFORC THE FIRST OAT OF EACH NORTH ON A IMTH TO MONTH BASIS. IT IS AGREED THAT ALL OF THE ►ROYIs10RS DT THE TORN LEASE HCRCTO,- tORt "MOVED BY THE UNITCO STATES NAVY/ CRCEPT AS TO THE RENTAL AND TERM WHICH NATTERS ARE NLstIN PINLO, SHALL Be IN FULL FORCE AND EFFECT. PROPER INSURANCE COVCRAOL AND INDEMNITY AOREE/1LNT SHALL DC IN FULL FORCE AND EFFECT AND PROPER POLICY SHALL st FURNISHED TO THE CITY. WITNESS OUR IOM, THIs THE DAY OF NOVCNOtHp 1954. ATTESTS THE CITY OF CORPUS CHRISTI, TEXAS CITY SccRcTARY By ELL E. McCLumes CITY MANRaU APPROVED AS TO LEGAL FORMS ITT ATTORNEY SANTOS ANON MARY AUTOS tSUS"LESSEE{( THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED RUSSELL E. HCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNI. CtPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE MAKE 10 BUD - SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO HE THAT HE EXECUTED THE SANE AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF NOYENBER, 195$. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE NE, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED SANTOS RAMON, A FEME SOLE, AMD MARY RAMON, A FENE SOLE, KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF NOYE118ER, 1954. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS X COUNTY OF NUECES X This Agreement made and entered into this the day.of 195 ,_by and between the City of Corpus Christi, Texas, a municipal cotporationa_here- inafter_ called "Sub - Lesser" and Lessee, of Nueces County, Texas, hereinafter called "Sub - Lessee ", W I T N E S S E T H: -The City of Corpus Christi, Texas, does by these presents, sub -lease and ._ demise unto the said Sub- Lessee, the following described premises, to -wit: for the term of, , said sub -lease beginning the day of 19S , and ending the day of , 195 , the Sub - Lessee is to pay therefor the sum of for the term of this sub - lease, same to be paid 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 installment 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, 2. It is understood and agreed that the premises leased hereunder are to be 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- Lessor hereunder in writing. , 3._ If the Sub- Lessee sells gasoline at premises leased hereunder in connection with use. of same, then in such event Sub - Lessee agrees to pay the Sub - Lessor 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 premises leased hereundert and one cent ($001) per.gallon for each gallon over five thousand (5.000) gallons sold during any one calendar month on the premises, same to 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 based on the sale of gasoline is to be in addition to the rental charge heretofore mentioned in this agreement, ,9. 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, without 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 leased is sub- leased by the Sub - Lessee, then and in such event, the Sub - Lessee herein agrees to pay the Sub- Lessor herein the sum of 10% of the gross amount received from such subordinate Sub - Lessee for the subordinate sub - lease, said amount to be in addition to the rentals hereinabove 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 Sub - Lessee shall become the property of the Sub - Lessor. 7. The Sub- 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 expiration of the term of this sub - 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. B. The Sub - 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 -2- general public, to allow them to enter Hanger No, 651 for the purpose of visiting the office of-the Airport Manager and the control tower, 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 inspecting 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 an the premises by the Sub - Lessee shall at -all times be seasonable, and not exhorbitant. and comparable with prices charged for the same articles at similar places in 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 repair 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, in good order and condition, as same is now in, reasonable wear and tear only excepted. The Sub - 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, Sub - Lessee is to replace said property, in its same state and condition, as same was in when turned over. to Sublessee. An Inventory of all personal properties and equipment furnished by the Sub - Lessor to Sub - Lessee is to be signed by Sub - Lessee and the Airport Manager for the Sub - Lessor. City of Corpus Christi. (hereinafter referred to as Airport Manager), same to set out a description of the prop- erty and equipment 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 became a part of this lease agreement 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 connection 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 -3- 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 of Corpus Christi, Texas, for the operation of the leased premises, and will abide by all rules and regulations set out by said Airport Manager. The Sub- Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises as if same was located in the City Limits of the City of Corpus Christi, and all orders and requirements imposed by the Health, Sanitary, Fire 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. Sub - 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 Sub - Lessor 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 Sub - Lessee at all times, unless their official duties require otherwise, and that they will use only the toilets and washrooms designated designated for the Sub- Lessee and his employees. 14. . gas 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 Fire Department of the City of Corpus Christi; Sub- 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 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 correction, prevention and abatement of nuisances and /or hazards in, upon, or connected with said premises during the term of this lease at his own expense. 16. Sub - 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 -4- LEASE LIABILITY INSURANCE POLICIES IN THE SUN DF I ONE HUNDRED THOUSAND (+1001000.00) DOLLARS AND PROPERTY DAMAGE IN THE SUM OFI FIFTY THOUSAND (¢501000.00) DOLLARS TO INDEMNIFY AND SAVE MARULC33 THE CITY OF CORPUS CHRISTI (SUB - LESSOR HEREUNDER) AND THE UNITED STATES GOVERNMENT (ORIGINAL LESSOR) AGAINST ANY EXPENSE, CLAIMS ON 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 C17Y OF CORPUS CHR13T1 OR THE UNITED STATES OF AMERICA, THE SUBLESSEE SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE GOVERNMENT AND THE CITY OF CORPUS CHRISTI, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES Of' AND FROM ANY AND ALL LIABILITY INCURRED AS A RESULT OF ANY BREACH BY THE SUS - LESSEE OR THE SUBLESSOR HEREUNDER OR THE AGENTS, SERVANTS, ENPLOYEESI INVITEES OR LICENSEE$ OF ANY SUBLESSEE OR AS A RESULT OF ANY BREACH OF ANY COVENANT OR CONDITION OF THIS LEASE OR AS A RESULT OF SUB.LE3SEE'S OCCUPANCE OR USE OF THE FACILITIES AND WHETHER OR NOT OCCASIONED BY THE NEGLIOENCE OR LACK OF DILIGENCE OF THE SUB.LE33EE, ITS AGENTS, OFFICERS, SERVANTS OR EMPLOYEES. 17. HOWEVER, IT IS EXPRESSLY UNDERSTOOD AND AGREED DY THE PARTIES HERETO THAT TH13 3UB.LEASE 13 SUBJECT TO THE LEASE BETWEEN THE UNITED STATES OF AMERICA, RE- 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, CUDSIHY FIELD, CORPUS CHRIlT1, TEXAS, OR A PORTION THEREOF AND THIS BUB -LEASE 13 CONTINGENT ON SUCH LEASE FROM THE GOVERNMENT AND THE TERMS THEREOF, AND ALL RIGHTS OF THE SW.LE33EE HEREIN ARE SUBJECT TO THE TERMS OF SAID LEASE PROM THE UNITED STATES GOVERNMENT, AND IT IS FURTHER AGREED THAT THE SOS LESSOR IS NOT TO BE LIABLE IN ANY MANNER, FOR DAMASES OF ANY NABIIRE, FOR ANY TERMINATION OF THIS LEASE OR ANY CHANGES OF YHE RIGHTS OF THIS SUhLESBEE 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 IN ANY MANNER OR IN THE EVENT SAID LEASED PREMISES ARE TURNED BACK OVER TO THE UNITED STATES OF AMERICA BY THC CITY -5- of Corpus Christi, then this sub7lea5e.1S to terminate as between the parties hereto and the Sub- Lessor City of Corpus Christi is not liable in any manner for damagos of any nature for such termination of this sub -lease by virtue of the termination of the lease between the City and the United States of America or by virtue of 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 conditions of this lease, the Sub - 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 -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 Sub - Lessor City of Corpus Christi, its agents, or attorney, may resume possession of the premises and re- sublet the some for the remainder of the term at the best rent they may obtain, for account of the Sub- Lessee, who shall make 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 notice either the City or the Sub - 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 displaces all previous verbal or oral agreements. WTTNESSETU The hands of the parties hereto this the day of , CITY OF CORPUS CHRISTI, TEXAS City Manager -6- ATTEST: City Secretary APPROVED AS TO LEGAL FORM: City Attorney Sub - Lessee THE STATE OF TEXAS X COUNTY OF NUECES X 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 X COUNTY CF NUECES X 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 fore- going instrument and acknowledged to me that 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 , 195 Notary Public in and for Nueces County, Texas ... •+.wvwx.. ..:.'l.e.••??'� + +: +vav ^.wr .A•: w.W w.n.H+sw�Mc'1'e+4r`rn�+r"^�: - ..v....... _.» . -,. . « - ,.... •.. . a .. SECTION 2. THE NECESSITY FOR PROPERLY MAINTAINING CUODIHY FIELD AND THE NECESSITY FOR SECURING REVENUE FOR SUCH MAINTENANCE 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 15 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 SUSPENDED, 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 THE O DAY OF NOVEMBERS 1954. 4 f/ • fMYO THE CITY OF CORPUS CHRISTI, ERAS ATTEST: - CITY SEC RET A`RY %,/ APPROVED AS LEGAL FOR': CITY ATTORNEY CORPUS CHRISTI, TEXAS ,1954 TO THE MEKgERS OF THE CITY COUNCIL CORFWS CHP1571, TEXAS „ GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOP THE SUSFEN510M OF 7HE CHARTEP. PULE OR REQUIREMENT THAT NO ORDNANCE ' Or` RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH OPDINANCC OR RESOLUTION SHALL BE READ AT THREE MEETINGS -If THE CITY COUNCIL; I, TrIEREFOPE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OP. REQUIREMCNT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT iS 11JTR000CED, OR Al THL PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING IV JAMES S. NAISMITH / l W. JAMES BRACE / F. P. PETERSON, JR TAE :OpVE ORDINANFE WAS PASSED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE �n .(�✓ / F. P. PETERSON, JR. AA_. f 3919 .