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HomeMy WebLinkAbout04297 ORD - 07/27/1955AC:7/27/55 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH J. R. SANDOVAL COVERING 9.8 ACRES OF LAND AT CUDDIHY FIELD FOR THE P RPO ES OF G , FOR A TERMOF TWO 2 YEARS BEGINNING AUGUST 1, DING JULY 31, 1957, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH 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, SECTION 1. THAT THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A LEASE AGREEMENT WITH J. R. SANDOVAL COVERING 9.8 ACRES OF LAND AT CUDDIHY FIELD FOR THE PURPOSES OF GRAZING, FOR A TERM OF TWO (2) YEARS BEGINNING AUGUST 1, 1955 AND ENDING JULY 311 1957, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR MAKING FULL USE OF CITY LANDS AND DERIVING REVENUE THEREFROM 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, DECLARING 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 ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE AY OF JULY, 1955• MAYOR ✓/ THE CITY OF CORPUS CHRISTI, TEXAS ATTES . CIT SECRE AR APPROVED AS TO-LEGAL FORM: JULY 27, 1955 CITY ATTORNEY Ac:7/27/55 4 TIC SSTTATE W TEXAS I THIS AGREEMENT MADE AND ENTER$O INTO THIS THE DAY OF 1935, BY AND SETWEEN THE CITY or CORPUS CHRISTI, TEXAS, A MUNICIPAL CDNIORATIOH, HEREINAFTER CALLED "5Ua::.ESSOR° ANO J. R• SANDOVAL, LESSEE, OF NUECES CDUMTT, TEXAS, MEREINAFTER CALLED "SUB - LESSEE ", W 1 T N E S 5 E T N" THE CITY of COR ►Uf CMRtsT#p TEXAS, 00ES BY THEME PRESCRTBA SUO -LEASE ANDOCMISE UNTO THE SAID J. R. SANDOVAL, SUB- LicS$EE, THE FOLLOWING DCSCRIBED PREMISES, 70�WiT1 BEGINNING AT FARM ROAD 763 AND FOLLOWING THE SOUTH FENCE LINE OF CUDDIMY FIELD TO A POINT APPROXIMATELY 500 FEET WEST THENCE IN A SOUTHERLY DIRECTION TO 030 CRUIC AND FOLLOWING THE HEANOERS OF SAID OSO CREEK BACK TO FARM ROAD 7£; - CONTAINING 9.8 ACRES MORE OR LESS, FOR THE TERM OF TWO (2) YEARS, SAID SUB - LEASE SZOINNING THE !$I DAY GF AUGUST, 1955, AND ENDING THE 31sT OAY OF JULY, lVj7; THE Slt$- LESSEE 13 TO PAY THEREFOR THE SUM OF TWO NUNORED Fwx DOLLARS ($204.00) FOR 'THE TERM OF THIS SUBLEASE, SANS TO SE PAID IN MONTHLY INSTALLMENTS OF $C.JCJ, SAID MONTHLY INSTALLMENTS TO BE PAID EACH MONTH IN ADVANCE, THE FIRST SIX MONTH$' RENTAL TO 13E PAID ON THE FIRST EFFECTIVE PATE OF THIS SUO+LEASE, AND A LIRE MONTHLY INSTALLMENT ON THE SANE DAY OF EACH SUCCEEDING MONTH THEREAFTER DURING THE TERM OF SAID SUB- LEASE, SUBJECT TO INC FOLLOWING CONO$TION3 AND COVENANTS$ 1. THAT THE $US«LE ;SEE SHALL PAY THE REHT IN ADVANCE AS AFORESAID, All INC SAME SMALL FALL DUE. 2. IT 15 UMD6RSTOOD AND AGREED THAT THE PREMISES LEASED HEREUMOER AMC TO SE U$E0 FOR THE FOLLOWING PURPOSES ONLY, TO WITS FOR PURPOSES Of ORA21N% IN CONNECTION WITH AND PERTINENT TO THE ABOVE STATED U$ASE, AND SIMILAR ACTIVITIES. SAID PREMISES, ARE NOT TO SE USED FOR ANY OTHER PURPOSES, THAN THESE HEREIN SPECIFIED, WITHOUT THE COMMENT OF THE SUB +LESSOR HEREUNDER IN WRITING. 3• SUB -LESSEE AGR£a5 TO ACCEPT THE LAND IN ITS PRESENT CONDITION AND AT HIS OWN EXPENSE TO INSTALL SUCH FENCING AS MAY 8E NECESSARY TO SEPARATE THIS LAND FROM OTHER LAND$ 09 FROM PUOLIC ROADS. 4. SUB- LEs3EE AnREE3 NOT TO ENTER INTO A SUBORDINATE SUB -LEASE OF THE PREMISES OR ANY PORTION THEREOF$ OR PERMIT THE USE THEREOF BY ANY IN- OEPEMbENT CONTRACTOR, WITHOUT THE CONSENT OF THE SUB - LESSOR HEREIN IN WRITING. 5. THE SUB +LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES LEASED BY THEM. • 6. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE RIGHT OF INGRESS AND EGRESS Is RESERVED BY THE SUS+LESSOR (THE CITY) MEREINS FOR THE USE OF ITS EMPLOYEES AND THE GENERAL PUBLICS TO ALLOW THEM TO ENTER HANGAR ND. 651 FOR THE PURPOSE OF VISITING THE OFFICE OF THE AIRPORT MANAGER AND THE CONTROL TOWER. 7. 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. 8. $us- LESSEE AGREES THAT IN THE EVENT THAT DEATH OR INJURY OCCURS TO ANY PERSON OR LOSS, DESTRUCTION OR DAMAGE OCCURS TO ANY PROPERTY IN CONNECTION WITH THE MAINTENANCES OPERATIONS OR REPAIR OF YHE LEASED PREMISES AND THE FACILITIES COVERED HEREUNDER, OCCASIONED BY THE ACT OR OMISSIONS Of THE SUB- LESSEE, ITS AGENTS OR EMPLDYEES$ THE SUB - LESSEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE SUB +LESSOR FROM AND AGAINST ANY LOSS, EXPENSES CLAIMS OR DEMANDS TO WHICH THE SUB +LESSOR MAY BE SUBJECT AS TO THE RESULT OF SUCH DEMANDS, LOSS' DESTRUCTION OR DAMAGE. THE Sue- LESsOR SMALL NOT BE RESPONSIBLE POR DAMAGES TO PROPERTY OR INJURY TO PERSONS WHICH MAY ARISE INCIDENT TO THE 4XERCISE OF THE RIGH7s AND PRIVILEGES HEREIN GRANTED. J. THE 6W+LEssEE SMALL INDEMNIFY AND sAVE AND MOLD HARMLESS THE GOVERNMENT AND THE CITY OF CORPUS CHRISTI, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OF AND FROM AND ANDALL LIABILITY INCURRED AS A RESULT OF ANY BREACH BY THE SUB - LESSEE OR THE Sus - LESSOR HEREUNDER DR THE AGENTS, SERVANTS, EMPLOYEES, INVITEE3 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 OCCUPAMCE OR USE Of THE FACILITIES AND WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OR LACK OF DILIGENCE OF THE SUB +LESSEE, ITS AGENTS, OFFICERS$ SERVANTS OR EMPLOYEES. 10. EIDWEVER, IT 13 CXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THIS SUB -LEASE IS SUBJECT TO THE LEASE BETWEEN THE UNITED STAVES OF -2,. ANCRiCA/ REPRESENTED BY THE CHIEF OF THE SUMAU OF YARDS AND DOCKS, ACTING UNDER DIRECTION OF THE SECRETARY OF THE NAVY, AND THE CITY OF CORPUS CHRSTI, PEIOIITTINA.,THE USE OF UNITED STATES NAVAL AUxItIARY AIR STATION, CUODIHY F►ELD, CORPUS CHRISTI, TEXAS, OR A PORTION THEREOF AND THIS SUE -LEASE IS CONTINGENT ON SUCH LEASE FROM THE GOVERNMENT AND THE TERMS THEREOF, AND ALL RIGHTS OF THE SUB - LESSEE HEREIN AAE SUBJECT TO THE TERMS OF SAID LEASE FROM THE UNITED STATES GOVERNMENT, AND 17 13 FURTHER AGREED THAT THE SUB- LESSOR 13 NOT TO 3E LIABLE IN ANY MANNER, FOR DAMAGES OF ANY NATURE, FOR ANY TERMINATION OF THIS LEASE OR ANY CHANGES OF THE RIGHTS OF THIS SUB- LE33EE 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 BASK OVER TO THE UNITED STATES OF AMERICA BY THE CITY OF CORPUS CHRISTI, THEN THIS SUG -LEASE 13 TO TERMINATE AS 3ETWCEN 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 OY THE CITY OF CORPUS CHRISTI. 11. THE SUB- LE83EE FURTHER AGREES THAT IN CASE OF ANY DEFAULT It$ Any OF THE COVENANTS AND CONDITIONS OF THIS LEASE, THE SUO- LESSOR MAY ENFORCE THE PERFORMANCE OF ANY MODES OR MANNER PROVIDED OY 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 SUILTY OF ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDIES FOR ARREARS OF RENT OR &REACH OF COVENANT, OR THE SUS.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 SUS - LESSOR (THE CITY) SHALL HAVE A LIEN AS SECURITY FOR THE RENT AFORESAID, OR ANY RENT DUE AND UNPAID UNDER SAID SUP- 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. -3- 12. NOTWITHSTANDING ANY PROVISION HEREOF REGARDING THE TERMS OF THIS SUBLEASE IT IS AGREEO THAT UPON NINETY (90) DAYS WRITTEN NOTICE EITHER THE CITY OR THE `a"UB- LESSEE MAY TERMINATE THIS OAREE14ENT 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 NINETT (90) DAYS AFTER SUCH NOTICE THIS LEASE SHALL BE DEEMED TERMINATED AND OF 40 FURTHER FORCE AND EFFECT. 13. THIS CONTRACT CONTAINS ALL OF TILE 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 : 1955 CITY OF CORPUS CHRISTI, TEXAS ay CITY 9ANAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM JULY 27, 19'57: CITY ATTORNEY J. R. SANDOVAL THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED RUSSELL E. McCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOW- LEDGER TO ME THAT HE EXECUTED THE SAME FOR THL PURPOSES A%D CONSIDERATION THEREIN EXPRESSED AS THE ACT AND DEED OF SAID CITY, ANDIN THE CAPACITY THEREIN STATEO. GIVEN UNLIER MY HAND ANA SEAL OF OFFICE, THIS DAY OF , 19 5. NOTARY FUSLLC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE 11E, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED J. R. SANDMAL, 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 W HAND AND SEAL OF OFFICE, THIS DAY OF , 1955. NOTARY PUBLIC IN AND FOR NUECES COUNTY, EARS -4- CDRPIIS ISTI, TF XAS _, 1955 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLE14EN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT 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 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 \f THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER PULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL) W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARR &LL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO 431'9_� IAiw