The URL can be used to link to this page

Home My WebLink About04349 ORD - 09/28/1955AC:9 /z 1/55 AN ORDINANCE AUTHORIZING AND 'DIRECTING THE CITY �- .ANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A LEASE AGREEMENT VJiTH SITYDER FLYING SERVICE. COVERING A LEASE AT CUDDINY FIELD, HUECES COUNTY, TEXAS, DESCRIBED AS THE SOUTMrlEST QUARTER OF HANGAR NO. 653, IN ACCORDANCE ,1ITH THE TERMS AND CONDITIONS OF SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT OY THE CITY COUI iC I L OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY HAIIAd ER DE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOP AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH S14YDER FLYING SERVICE, COVERING A LEASE AT CUDDIHY FIELD, HUECES COUNTY, TEXAS, DESCRI DEB AS THE SOUTHWEST QUARTER OF HANGAR NO.653, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND f•IADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF DERIVING REVENUE FROM CUDDIHY FIELD FOR THE UPIKEEP OF SAID FIELD CREATES A PUBLIC EMERGENCY AND AN IM- PERATIVE PU'LIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DAY IT IS INTRODUCED AND THAT SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL NIEETI NGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND PUBLIC NECESSITY TO EXIST, REQUESTING THE SAID CHARTER RULE BE SUSPENDED Ai!D THAT THIS ORDINANCE BE PASSED FINALLY ON THE DAY IT IS INTRODUCED AND TARE EFFECT AND BE I111 FULL FORCE AND EFFECT FROM AND AFTEP. ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF SEPTEMBER, 155. h-1i'',Y GR T THE CITY OF CORPUS CHRISTI, TEXAS CI !'Y SECREtaR t � PPROVEJ AS TO L` ;.AL CORH S PTEHJEi , 1 �5 : CITY N,TTC ,'JEY 4341 THE STATE OF TEXAS X COUNTY OF NOECES X This Agreement made and entered into this the ay_of .....�.L 195,3 —� by and between the City of Corpus Christi, Texas, a municipal.coxpoxationQ_,hexa= inafter called "Sub- Lessor" and swvea>r rl via ssRwler Lessee, of Nueces County, Texas, hereinafter called "Sub- Lessee ". ±i i i S E E T H_ _The City.of Corpus Christi, Texas, does by these presents, sub -lease and demise unto the said cvnsa n viNG t1av1t_,r Sub- Lessee, the following described premises, to -wit- SOUyTHM96T QUMTLR Or NAUGAR NO. 653 4GCA194 AT GIMINr NUN IR s.IILaCS C6IMITT. IrCXAF, TeaLTMLR YITM C00CR9T9 AIRlYa AaJACUT AatO ADJa11tIM6 TwLRaTO■ for the term of TYn veer. , said sub -lease beginning the Lgy day of srpermase , 1953 and ending the __21&T day of AusuaT , 195_7 - the Sub-Lessee is to pay therefor the sum of Two Twousao roue I mans: Ow uas ($ for the term of this sub - lease, same to be paid in monthly installments of $ IQO.OA , 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: AIRCRAFT 5TORAGE, SALES, MAINTENANCE, OPERATIONS SCHOOLS, AND SIMILAR AVIATION ACTIVITIES. in connection with and pertinent to the above stated usage, and similar activities. Said premises _ere net to be used_ far any other purposes,than these herein specified, without the,consent of the Sub - Lessor heraunder-_ in, writing. 3., If the-Sub-Lessee sells gasoline, at premises leased hereunder in connection eith,- use_of, same, then in such event Sub - Lessee agrees to pay, the Sub - Lessor the,sam, _ Tau c. of W .eeo .s "._pex A OMAMAXi fF�A� ft x�t fllt#flxhXR!!lfx�lbA(fl�Ri�x� �x# At�xlll �tl�l �tk�At�pcl t� 'ftltx�rlt�%1t�ll�itll�x�4�xR� IWR�� ltl�lix�,Rf�J�K�k'AXid�'�'xR16F Fell aAaOLlaa SOLD DUala6 ANY oaf calendar month on the premises, sake 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.._ Sub- Lessee agrees not to enter into.a subordinate sub- lease_of the premises or any portion thereof, or- psrKit the use thereof by any independent coatraetor, without the consent of the Sub- Lessor herein in writing. ___ 5. It is.further understood and agreed that in the event a portico 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 mount received from such subordinate Sub - Lessee for the subordinate snb- lease, said smouat to be in addition to the rentals hereinabove set outo 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 mad 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 promises 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 Manger ft,, 651 for the purpose 0,r visitA"N the office of the Airport mana4er and the Control tourer., 10. The Sub- Lessor reserves the right to enter the said premises at any time during the,.exfstence -.of this lease fen the.purpcse of inspecting the same in order to determine whether the terms of this sub -lease are being observed, and uasried out., lle The prices charged for things sold on 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 Sub lessee, An Inventory of all personal properties and equipment furnished by the Sub - Lesser 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 become 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 promises for any illegal or imoral purposes and agrees to conform to all the lawns 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 ssid premises during the terns 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, weld6 or carry on aoy 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 sum of° One hundred Thousand ($100,000.00) .iollars and property damage in the sum of; Fifty Thousand ($50,000 „00) Dollars to indemnify and save harmless the City of Corpus Christi (Sub - Lessor hereunder) and the United - States Government.4original Lessor) against any expense, claims or 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 tile use and occupancy of same, which policies shall not contain a subordination clause which could in any way encumber the said City of Corpus Christi or the United States of America, The Sub- Lessee 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 Sub - Lessee or the zub- Lessor hereunder or the agents, servants, employees, invitees 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 agents„ 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, permitting the use of United States Naval Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas, or a portion thereof and this sub -lease is contingent on such lease from the government and the terms thereof, and all rights of the Sub- Lessee herein are subject to the terms of said lease from the United States Government, and it is further agreed that the Sub - Lessor is not to be liable in any manner, for damages of any nature, for any termination 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 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 the City -5- of Corpus Christi, them this sub -loose is to terminate as between the parties her-etc _ and the Sub- [.essor 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 Christie 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 -eater and remove all persons therefrom, without being deemed guilty of any manner of trespass and without prejudice to any romedies 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 promises 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 astice 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. WTTNESSETH The hands of the parties hereto this the day of 195 CITY OF CONPUS CHRISTI, TEXAS City Manager AT W City Secretary APPROVED AS TO LEGAL FORM-, City Attorney Sub — Lessee THE STATE OF TEXAS X COUNTY OF NUBCES 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 vand 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 a,d for Naeces ' County, Texas THE STATE OF TEXAS 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 Naeces Coaaty, Texas CORPUS CFiR I/,3T I, TT XAS �., gory TO THE NDMSERS OF TIME C I TY COUNC I L CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDI NAN r E, A PUBLIC EMERGENCY AND IP1 PER ATI VE NECESSITY EXIST FOR THE SUSPEiI- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL EE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINA "!CE OR RESOLL]TIOP7 SHALL BE READ AT THREE :AFETIN;S OF THE CITY COUNCIL; j, TFIEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREHENT ACID PASS T7,-;IS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, Or'. AT THE PRESS "T MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAAYOR/ THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RUi_E I ;AS SUSPENDED CY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULLI / W. J. ROBERTS B. E. BIGLER �! MANUEL P. P+ALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; �� -- FARRELL D. SMITH d, MINOR CULLI W. J. ROBERTS B. E. DIGLER MANUEL P. MALDCNADQ 43`9