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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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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 � - ct THE CITY OF CORPUS CHRISTI, TEXAS TFE CHAR ?ER RULE WAS SUSPENDED 13Y THE FOLLOWING VOTFe FARRELL Da SMITH MINOR CULL! W. J. ROBERT3 � - ct 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