HomeMy WebLinkAbout04261 ORD - 07/06/1955I. ,
EM:6/27/55
TEXAS:
All ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT_
WITH HAROLD C. RAHN, DBA ;KAHN , INC., COVERING A
LEASE ON THE PUBLIC WORKS MAINTENANCE BUILDING, SAME
BEING BUILDING 02; AND UTILITIES A. & R. BUILDING
SAME BEING BUILDING 603, LOCATED AT CUDDIHY FIELD IN
NUECES COUNTY, TEXAS, FOR A PERIOD OF TWO YEARS FOR
THE CONSIDERATION OF FOUR THOUSAND TWO HUNDRED
DOLLARS, TO 9E PAID IN INIONTHLY INSTALLMENTS OF ONE
HUNDRED SEVENTY FIVE DOLLARS EACH, UNDER THE TERNS
AND PROVISIONS OF SAID.LEASE AGREEMENT, A COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR-
ING AN EMERGENCY
BE IT &,RAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
A LEASE AGREEMENT WITH HAROLD C. RAHN, DBA RAHN, INC., COVERING A LEASE ON
THE PUBLIC WORKS MAINTENANCE BUILDING, SAME BEING BUILDING 602; AND
UTILITIES A.& R. BUILDING, SAME BEING BUILDING 603, LOCATED AT CUDDIHY FIELD
IN NUECES COUNTY, TEXAS, FOR A PERIOD OF TWO YEARS FOR THE CONSIDERATION OF
FOUR THOUSAND TWO HUNDRED DOLLARS 041200.00), TO BE PAID IN MONTHLY IN-
STALLMENTS OF ONE HUNDRED SEVENTY -FIVE DOLLARS ($175-00) EACH, AND OTHER
CONSIDERATION, FOR THE PURPOSE OF LIGHT EQUIPMENT MANUFACTURING , UNDER
THE TERMS AND PROVISIONS OF SAID AGREEMENT, ALL AS MORE FULLY SET OUT IN
SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF.
SECTION 2. THAT THE NECESSITY FOR DERIVING REVENUE FROM SAID
FIELD FOR ITS UPKEEP 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, HAVING DECLARED SUCH EMERGENCY
AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID
CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF
�faco I
ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL, FORCE AND EFFECT FROM
AND AFTER ITS PR.SSA E, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE
DAY OF E. 1955.
HAYOR
THE CITY Of CORPUS CHP.ISTI, TEXAS
A T TLS
� GL
CITY SECRETAR
APPROVED AS Td' LEGAL FORM.,
CITY ATTORNEY
THE MATE OF TEKAS X
COUNTY OF NUELES 1
This Agreement made and entered into this the IST day of duLV ,
195 L—o by and between the City of Corpus Christi, Texas, a municipal corporation,„here-
inaftes:,called "Sub- Lessor" and MARMP C. URN, DIO /A RAVw, IN9. Lessee,
of Nueces County, Texas, hereinafter called "Sub- Less.ee".
W I T N E S S E T R
The City of Corpus Christi, Texas, does by these presents, sub -lease and
demise unto the said HAROLD C. RAIIN, D /a /A 0"tt, INC. Sub- Lessee,
the following described premises, to-wit-
Tim Palltic wous KhINTrw ANCC 13I.M., SAME BEING BUILDING 602; AND
WILITo" A. $, R. Root, SAME OLIN& SUILD1NG 603, LoCAM AT
CUDDINY FIELD IN W6C9110 COUNTY, Te%AS.
for the term of Two (2) vr,a s , said sub -lease beginning the IsT day of ,IuLr ,
195_5_, and ending the 1r11 day of Juwt , 195_, the Sub - Lessee is to
pay therefor the sum of Fou+R THOUSAND TWO "NbRta DOLLA" ($ 4,200.00 ,)
for the term of this sub - lease, same to be paid in monthly installments of $ 171.OD
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 tern of said sub - lease, subject to the following
conditions and covenantse
to 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.
LIGHT EOUIPfttiT 14ANuFAeTUI1Ime.
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 hereunder, and one cent ($001)
per gallon for each gallon over five thousand (5,000) gallons sold during any one
calendar mouth 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.
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,
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 nn 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,
a. 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.
8. 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
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general public, to allow them tc 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 on the premises by the Sub- Lessee shall
at all times be reasonable, and not exhorbitant, and comparable with prices charged for
the same articles at similar places in the City of Corpus Christie
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 yet out a description of the prop-
erty and equipment and the condition of such, li being Lmderstood a copy of same is to
be placed on file in the Airport Manager's office and will beeeme a part of this lease
agreement for all pertinent purposes.
Sub - Lessee agrees that in the evenE tha4 death or injury occurs to any person
or loss, destruction or damage occur: 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 0.ubject 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
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granted.
130 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, The Sub - Lessee shall not permit malt, vinous or alcoholic beverages
in the demised premises, 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 ail 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
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lease liability insurance policies . in the sum ofo
One Hundred Thousand ($100.000000) Dollars
and property damage in the sum of*
Fifty Thousand,($50,000.00) Dollars
to indemnify and ssve harmless the City of Corpus Christi (Sub- Lessar hereunder) and.
the United- States Government (original Lessor) against any expense, _claims . or . dmands
for the death or injury of any person or loss, destruction or damage to goverMent.,_
property occasioned . by the operation of the leased property for the use-and occupeRV
of some, which policies shall not contain a subordination claase_whieh eould.1a any
-way encamber the said City of Corpus Christi or the United States of America -
The Sub - Lessee shall indemnify and save and hold harmless the govervat
and the City of Corpus Christi, their respective officers, agents sad employee;-Of
and from any and all liability incurred as a result of any breach by tha Sub- l.ar®N__
or the Sub - Lessor hereunder or the agents, servants, employees, in®iteM or licensees
of any Sub - Lessee or as a result of any breach of any covenant or condition of this
lease or as a result of Sub-Lessee's occupance or use of the facilities and whether or
not occasioned by the negligence or lack of diligence of the Sub - Lessee, its ago.ts,
officers, servants or employees,
17. However, it is expressly understood and agreed by the parties hereto
that this sub -lease is 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, pormittin', "4440 at* of Uait*d
States Naval Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas, or a portion
thereof and this sub -lease is contingent on irach lease from the government and the
terms thereof, sad all rights of the Sub - Lessee herein are subject to the Il of
said lease from the United States Goverment, and it is further agreed that the Sub -
Lessor is not to be liable in may manner, for damages of say mature, far any tominatien
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 reaso■ 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 the City
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of Corpus Christi, then this sub -lease is to terminate as between the parties hereto
and the Sub- 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 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 same 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,
WITNESSETH The hands of the parties hereto this the day of
195
CITY OF CORPUS CHRISTI, TEXAS
City Manager
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ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
ATUSTS
Chang;
TEK STATE OF TEXAS X
COUNTY OF -M. ECES X
RA144 j tNC.
1 ,3y , > WIt:tBL1iT
Sub - Lessee
BEFORE ME, £hem undersigned authority, on this day person appeared
Known to ua to Tie the person whose
name is subscribed to the fore-pijjginstrument cnowledged to me that he executed
the same for the purposes and cons n therein expressed,
G ER MY HAND AND SEAL OF 00 t~I�E, This day of
Notary Public in aid fb,-.Nueces
County, Texas
THE STATE OF TIXAS X
COUNTY OF 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
TW STATE. OF TLYAS
COUNN OF NUECE:S
KFO& MEN THE UNDCRSIGNrO AWTHORITYi acq THIS DAY PERSONALLY APPLARED
JWjft0 C• RAHN# PRESIDENT OF RAW1, IrdC.= KW -,V;i To HE TG X THE Pt:030ri WMDnE NA14C
13 ✓ UBKOIEED TO UE F GRE-40f +G I NIST1UHC ?.T Ur,. AvJv.,OWLCOfiEO TO ME THAT HE T\kCUTED
TW GAME FOR THE t- U;M:CS ANN THCRW E :,PRES!Ern 4S T ?:E AG'f Ant) nEED
or SAID CITY, ANU 1!1 THE CAPACITY TNERW4 STATED.
GIVEN UtdOZ:R 14Y HAI't) tM1 `ir'AL Or Crrl0r_, ?T-ftq OAY or a 1955-
NOTARY KSLIV 1M AND rO; VUCrES OUNTYS CRAB
CORPUS C TIy T'XA.3.
1955
TO THE MEMBERS OF THE CITd COUNCIL
CORPUS CHRISTI,, ,TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A P6USLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST F "3R THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RES0LUTI•CN SHALL
BE PASSED FINALLY ON THE DATE IT 15 IWTRODUCED� AND THA' SUCi CRDI NANCE OR
RESDLU'FION SHALL BE READ AT THREE MEETINGS nF THE CITY COZJNCILy Iy THEREFORE,
HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE CR RE -QUIREMENT AND PASS
'iH65 ORDINANCE FINALLY ON THE DATE IT IS INTROD'JCED, OR AT Tr,-1E F':ESENT MEETING
OF THE CITY COUNCIL.
RESPECTFULLLLY7
/
MAYOR
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THE CITY OF CORPUS CHRISTI, TEXAS
TFE CHAR ?ER RULE WAS SUSPENDED 13Y THE FOLLOWING VOTFe
FARRELL Da SMITH
MINOR CULL!
W. J. ROBERT3
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C3. E. B!GLER
-
MANUEL F. MALDONADO
"7 f
THE ABOVE ORDCNANCE WAS PASSED EY THE GOLLOWINIC VOTE;
FARRELL D. SMIT,A
MINOR CULLI
B. E. DSGLER
__fZ
MANUEL P. MALDCNAD,o
`I D" (.0