HomeMy WebLinkAbout04447 ORD - 01/18/1956AC: 1/6/56
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN
AGREEMENT WITH F. E. BOWMAN AS SUB - LESSEE, LEASING
UNTO THE SAID F. E. BOWMAN THE SMALL SWIMMING POOL
BEARING NO. 612, AND THE LARGE SWIMMING POOL, BEARING
NO. 693, BOTH OF WHICH ARE LOCATED AT CUDDIHY FIELD.
NUECES COUNTY, TEXAS, SAID LEASE BEING FOR THE TERM
OF TWO 2 YEARS BEGINNING ON THE 1ST DAY OF APRIL,
1956 AND ENDING ON THE 31ST DAY OF MARCH, 1958, SUBJECT
TO THE TERMS AND CONDITIONS AS SET FORTH IN SAID AGREE-
MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF1 AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT WITH
F. E. BOWMAN, AS SUB — LESSEE, LEASING UNTO THE SAID F. E. BOWMAN THE SMALL
SWIMMING POOL, BEARING NO. 612, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS,
AND THE LARGE SWIMMING POOL, BEARING N0. 693, LOCATED AT CUDDIHY FIELD, NUECES
COUNTY, TEXAS. SAID LEASE SHALL BE FOR THE TERM OF TWO (2) YEARS BEGINNING
ON THE 1ST DAY OF APRIL, 19562 AND ENDING ON THE 31ST DAY OF MARCH, 1958,
SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR PROVIDING SWIMMING POOLS FOR THE GENERAL
PUBLIC 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 ITSINTRODUCTION AND THAT SUCH ORDINANCE OR RESO-
LUTION SHALL BE READ AT THREE SEVERAL Id EETINGS 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 ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE
IN FULL FORCE AND EFFECT FROM AND AFTE TS PASSAGE, IT IS ACCORDINGLY PASSED
AND APPROVED, THIS THE i AY OF 1956.
ATTEST:
N I MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY SE R.TA
APPROVED AS TQAA-EGAL FORM(
JAIJUARY
^' CITY TT `RNEY
THE STATE OF TMIAS $
COUNTY OF NUECES l
This, Agreement made and entered into this the day of o
195 , by and between the City of Corpus Christi, Texas, a municipal corporation ➢__here=
inafter called "Sub-Lessor" and F. E. BOWMAN Lessee,
of Nueces County, Texas, hereinafter called "Sub- Lessee".
W I T N E S S E T H°
The City of Corpus Christi, Texas, does by these presents, sub -lease and
demise unto the said F. EO sow" Sub- Lessee,
the following described premises, to -wit.
THE SHALL SWIHHINO POOL, awt1114 No. 6125 LOCATED AY CUODIMY FIELD* MUECES CoUMTT*
TExABJ AND
THE LARGE SWIWM#XQ POOLS BEARING NO. 693, LOCATED AT COODPNT FIELDS NUECCS COUNTY*
TExABS
for the term of TWO (2) vtP" , said sub -lease beginning the 1ST day of APRIL ,
1956 , and ending the 3167 day of KIMCH , 195 8 g the Sub- Lessee is to
pay therefor the sum of THIRTY 1M0 KINDRED DOLLARS ($_3=-00
for the term of this sub- lease, same to be paid inx>Hwrtlxinstallments of $ 400.00 ,
PAYMENTS TD BE MADE Junk 1, 193 S
saidPfA1xMIs" installments to be paidx9mak as I in advance, vkax4fxrtx1**xxpa%dXs1xskv
JULY 1, 19565 Auausr 1* 1956, $EPTEHBER It 19565 JUNE to 1957# JULY It 1957* AuausT It 1957
%3Wp10t� xiItIII1xIdlxlbdBl laHilxkaacrt lxntdxsxkiderxiustrsitllaalsxaB xKllrxrrnllBxill�xrfxrrrk
AND SE"""ER 11
1957*
wx1lollcllx xldIxtR�sxedkxaprilixfmkPr*utr, subject to the following
conditions and covenants-
10 That the Sub - Lessee shall pay the rent in advance as aforesaid, as the same
shall fall due,
2. It is understood and agreed that the premises leased hereunder are to be
used for the following purposes only, to -wit-
FOR BATHING AND *WINNING ACTIYPTES FOR THE GILNSRAL PUBLICS IT BEING UNDERSTOOD AND
AaacEO THAT IN CONNECTION WITH SUCH SWIMMING POOLS SUB- LESBEE PS TO NAVE THE RIGNT TO SELL
SOFT DRINKS# SANBWICHEB AND CONFECYIONS. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE SUB-
LESSEE WILL* AT ALL YIMESS WHEN ANY PERSON OTHER THAN ERPLOYED PEaSBNNEL OF THE SUB -UsetE
IS PERMITTED WITHIN THE AREA OF YOE SWIIDIINC POOLS* A QUALIFIED LIFE OWARD WILL BE ON DUTY*
in connection with and pertinent to the above stated usage, and similar activities.
Said premises ere not to be used for any other purposes than these hereia specified,
without the consent of the Sub - Lessor hereunder in waitinga
3, If the,Sub- Lessee sells gasoline at premises leased hereunder in connection
with,_use_of same, then in such event Sub - Lessee agrees to pay the Sub - Lessor th®_,sun ,.
of two.cents „($.02)_per gallon for the, first , five thousand, (5Q000)..gal loss: -of gasoline
sold _in any one calendar month on the premises leased hereunder, and one cent ($.OD
per gallon for each gallon over five thousand (5,000) gallons sold during any one
calendar month 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 _
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,
S. 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 in 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,
Z. 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- leaaa,
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 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
50
general public, to.allowr them to enter Hanger No. 551 for the purpose of visat,'Ua� 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 parried out._
11. 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 - 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 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 theRafatenauce,
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 demaads,.
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 premises_ for any %lleVal or!aaoral
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 us* 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 Christig Sib-- Lessee
further agrees to paint, dope, store inflammable materials, weldd 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 Sab- 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 teams of this
-4-
lease liability insurance policies in the sum of-.
One Hundred Thousand ($1000000000) Dollars
and property damage in the sum ofo
Fifty Thousand ($50,000,00) Dollars
to indemnify and save harmless the City of Corpus Christi (Sub - Lessor hereunder) and
the United States GmvetnmenviD elaginal 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 Ieased property for the 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 Sub- 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, Cuddiby 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 Chxist#, this this sub- lease „!s to cesmiaate „o :,bctwees the parties_ hesete ,.
and the Sub - Lessor, CiEy of, Ce;pus. Chriqti_is sot liable in- ,any manner for, damgas of
any nature_. for such termination of this sub - lease by virtue of the termination of the
lessle botweea 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_oi_Corpas,Chrlstio
18, The Sub - Lessee further agrees„that in ease of asy defmslt_In_any-of_
the covenants and coaditlems of this leased the Sub - Lessor may enforce the perforaamma
of_say_modos_or manner provided by lard and may declare this smb- 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 bolas /ended
guilty of any manner of trespass and.withoat_prejudice _ to a4 remodiss.fer,arrears_
of rent or breach of covenant, or the Sub- Losser_City of Corpas Chr st ,.,its squats,
or ottosmey, my resume possession of 'the promises sad re- sublet tka,samo fox
reminder of the tea at the best rest 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_ rest ,aforesaid,_o= any,rent due and unpaid under said sub -lessa,
upon all goods, wares, chattels, implements, fixtures, furniture, tools,and other
personal property which are mew looted on said premises or which my,be placed on
said premises by the Sub - Lessee, which lien shall be cumulativm of the statutory
lion created by law and in addition thereto,
19. Notwithstanding say provision hereof regarding the temas of this sub-
lease it is agreed that upon ninety (90) days written %ties either the City at the
Sub - Lessee may terminate this agreement upon the delivoxy of said motion is sampliawe
with all the other provisions and obligations of this contract; Upon the expiration
of said period of ninety (90) days after such notice tkls lease shall be demand
terminated and of no further fores and effect,
20, this contract contains all of the provisions agreed open by the partial
hereto and displaces all previous verbal or oral agreements,
wITNESSEM The hands of the parties hereto this the day of
195
ATM.
City Secretary
APPROM AS TO LEGAL FOB.
City Attorney
Sub - Lessee
THE STATE OF TEXAS X
COUNTY OF NUECES 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 and 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 and for Nueces ,
County, Texas
THE STATE OF TEXAS X
COUNTY OF NUDGES 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
County, Texas
Corpus-Christi, Texas
`LIL a 14,
TO THE MEMBERS OF THE CITY COUNCIL
Corpus - Christi, Texas
GeatIemen:
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
he 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,
C4v�'z
MAYW
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Farrell D. Smith
Minor Culli
W. J. Roberts _ r
B, E. Bigler
Manuel P. Maldonado ILL
The above ordinance was passed by the following vote:
Farrell D. Smith Ce
Minor Culli
fl-
W. J. Roberts
G ` .
B, E. Bigler _
Manuel P. Maldonado
q W�