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_�
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