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HomeMy WebLinkAbout04548 ORD - 06/13/1956AC:6/13/56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAC,ER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON DEHALF OF SAID CITY A LEASE AGREEMBIT WITH THE 1dEST OSO INDEPENDENT SCHOOL DISTRICT COVERING DUILDING N0. b6O, LOCATED AT CUDDIHY FIELD, NUECES COUI'ITY, TEXAS, A COP`( OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. OE IT ORDAINED 3Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TE`.;AS: SECTION 1. THAT THE CITY I "IANAGCR OF THE CITY OF CORPUS CHRISTI, TEXAS, DC AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON DEHALF OF SAID CITY A LEASE AGREEMENT WITH THE WEST,050 INDEPENDENT SCHOOL 'DISTRICT, COVERT P; C. '�3UI LDI NG Ida. 66o LOCATED AT CDDDiIl`i FIELD, NU EC ES COUNTY, TEXAS, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION THE NECESSITY FOR PROPERLY MAINTAINING CUDDIHY FIELD AND THE NECESSITY FOR SECURING REVENUE FOR SUCH MAINTENANCE CREATES A PUBLIC E,"ERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDIN41 THAT 110 ORDINANCE OR RESOLUTION SHALL DE PASSED FINALLY ON THE DATE IT 15 INTRODUCED ARID THAT SUCH ORDINANCE OR RESOLUTION SHALL DE READ AT THREE REGULAR MEETINGS OF THE CITY COUNCIL, AHD THE i•!AYOR, HAVING DECLARED THAT SUCH EMERGENCY AND HFCESSITY EXIST, REQUESTS THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE 3E PASSED FINALL`! ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROI4 AND AFTER ITS PASSAGE, IT 13 ACCORDINGLY PASSED AND APPROVED, THIS THE 21. AY OF JUNE, 1956. ATTEST TIME CITY OF CORPUS CHRISTI, TEXAS ' CITY SECRETARY ;FPRO'VED AS TO LEGAL FM! JUNG 73, 1156: CITY AT.-CfRNEY ' THE STATE OF TEXAS X COUNTY OF NUECFS X This Agreement made and ,entered , Into this the day of J MS _o 195 _by and between the City of Corpus Christi, Texas, a municipal corporation,._here= inafter called "Sub- Lesser" and 'T*9 Wtav 4" l*"PCNMW ftle f. 01 MIST Lessee, of Nueces County, Texas, hereinafter called "Sub- Lessee ". A I T N E S E E T H_ .The City of Corpus Christi, Texas, does by these presents, sub -lease and demise unto the said MW fto IWAMMOff SsMrat 6161itel Sub - Lessees the following described premises, to -wits CiVl' # T91 ", LOWER FLOOR ONLY. for the term of era wAM , said sub -lease beginning the j511 day of aN61la , 195_6 , and ending the day of Aii11Uf7 , 1956 a the Sub - Lessee is to pay therefor the sum of ,* . 42 "" for the term of this sub - lease, same to be paid in monthly installments of $ IMAD , 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 -wits roo NCMMM. NYMIQMtR In connection with and pertinent to the above stated usage, and similar activities. 41d_premises_are not to be ased_for any other pur.Peses.than these herein apecifbod, without the consent of the_ Sub - Lesser hereupder,in waiting, 3, If the Sub- Lessee sells gasoline „at promises_ leased hereunder in_connectieg vrith,_ase_,f, same, then in such event Sub - Lessee. agrees :to pay the Sub - Lessor the.sun _ of_two_eents,($o02)_per gallon for_the fi.ast__five. thousand (59000)_.gall_ons_of gasoline ;old ie any one calendar_ month on the premises leased hereunder¢ and Doe „Dent (go01) 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 0-ia. re4ta1 based on the sale of.gasoline is to be in addition to the rental charge heretofore mentioned in this agreement.--, _ 9, Sub - Lessee agrees not to enter into _a subordinate sub - lease of the praxises or any portion thereof, cr.permit the use thereof by any independent contractor, without the consent of the Sub - Lesser herein in writing. S. It is.further understood and agreed that in the event a portioe.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 sub - lease, said amount to be in addition to the rentals hereinabove set out, fin No additions or alterations shall be made to the promises 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 promises in good repair at their own expense, and at the end or other expiration of the tors of thin sub - logo*, shall deliver up the demised promises 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 lased by themo 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-Hanger No,. 651 for the purpose of visiting the office of the Airport Manager and the control tower. _l0, .The,Sub- Lessor -reserves the right to enter the said premises at any time dgrirtg.the_existeaee . 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 cut,_._ ... 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 egaipment,.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 some is now in, reasonable weer and tear only excepted. The Sub - Lessee further agrees to be responsible for nay of such movable equipment, fixtures and property, and in event same or ■ part thereof Is lost, stolen or destroyed, Sub - Lessee is to replace said property, in its same state and condition, as some 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 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 5IB granted. 13. Sub - Lessee agrees not to use_said premises for any illegal orli.=Oral 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 Christiu 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, Sab- Lessee further agrees to paint, dope, store inflammable materials, welds or carryon 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 all the ordinances of the City of Corpus Christi applicable to said premises, aid 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 fall 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) dollars and property damage in the sum of- Fifty Thousand ($50,000,00) Dollars to indemnify and save harmless the City of Corpus Christi (Sub- Lessor hereunder) and the, United!State$; ­Go vernmentF4 009inal 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 o•f 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 Christi, them this_sub- louse,is to teaeiaats os_betneen the partiss_he "to ,. and the Sub- [,essox City of Ge;pus 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_surreader of the leased premises to the United States of America by the City of Corpuss Christi. lk 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_aoy,wdes.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 remedies for arrears_ Of rest 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 some 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_seenrity_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 lies created by law and in addition thereto. 19. Notwithstanding say provision hereof regarding the terms of this sob - lease it is agreed that uponiViaxo (10) 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 contrast. Upon the expiration of said period of abnoty (r) 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, WITNESSEPH The hands of the parties hereto this the day of 195 CITY OF CORPUS CHRISTI, TEXAS City Manager ATT®T. City secretary APPEOFED AS TO UICAL FORM: City Attorney Sub - Lessee THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared P 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 Nueoes County, Texas THE STATE OF TEXAS X COUNTY OF NUHCES 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 Mascot Ceaaty, Texas TO THE MEMBERS OF THE CITY COUNCIL CORPUS CH- RISTI, TEXAS GENTLEMEN; CORPUS CH STIR TEXAS 1956 l FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION 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; 1' 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, MAYO THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO V5�ts