HomeMy WebLinkAbout04585 ORD - 07/18/1956AP:7/11/56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH HAROLD C. RAHN,
DBA RAHN INC. COVERING A LEASE ON THE PUBLIC WORKS MAIRTENANIE
BUILDING, SAME BEING BUILDING 602, AND UTILITIES A. & R. BUILDING,
SAME BEING BUILDING 603, LOCATED AT CUDDIHY FIELD IN NUECES
COUNTY, TEXAS, FOR A PERIOD OF TWO YEARS BEGINNING JUNE 1,
1956 AND ENDING MAY 31, 1950, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERE-
TO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND
DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE
AGREEMENT WITH HAROLD C. RAHN, D /B /A RAHN, INC., COVERING A LEASE ON THE PUBLIC
WORKS MAINTENANCE BUILDING, SAME BEING BUILDING 602; AND UTILITIES A. & R.
BUILDING, SAME BEING BUILDING 603, LOCATED AT CUDDIHY FIELD IN NUECES COUNTY,
TEXAS, FOR A PERIOD OF TWO (2) YEARS BEGINNING JUNE 1, 1956 AND ENDING MAY 31,
1958, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF
WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY FOR DERIVING REVENUE FROM SAID _FIELD
FOR ITS UPKEEP CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE-
QUIRING 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 RESO-
LUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR,
HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS-
PENSION 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 TER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE / DAY
OF - 1956. - /'_
AT77 � MAYOR / I THE CITY OF CORPUS CHRISTI, TEXAS
APPROV AS TnL,,FORM JULY 11, 1956:
e
CITY ATTORNEY
yes
THE STATE OF TIXAS 1
COUNTY OF NUMES if
This Agreement made and entered into this the day of Jw.v
195 6 —by and between the City of Corpus Christi, Texas, a municipal corporation,_ here=
inafter', called "Sub- Lessor" and #Am* ce mog OVA ilAiMia, lug, Lessee,
of Nueces County, Texas, hereinafter called "Sub-Lessee".
The City of Corpus Christi, Texas, does by these presents, sub -lease and
demise unto the said 1MAM* C• 4W4 D/*/A 40M* lVt. Sub- Lessee,
the following described premises, to -wit,
In Aftec Mipon OffyRmme "00 SM *al "woo 604 Am
)larriss A* & ft, #Lnwp am ouse MFpi=
toga= a
for the term of said sub -lease beginning the $* day of '
195 , and ending the !! day of MaY , 195 g the Suh- Lessee is to
pay therefor the sum of V*WO&W Sin "N" OVA**
Iii t�dkMMM�/ prR
�lt� -lAM same to _�Gntn monthly installments .
said monthly installments WPM ,
YF QMhO+NE
fi rst effective date of this sub - lease, and ~ installment/on the same day of each
succeeding month thereafter during the term of said sub - lease, subject to the following
conditions and covenants°
to That the Sub - Lessee shall pay the rent in advance as aforesaid, as the same
shall fall due,
2m It is understood and agreed that the premises leased hereunder are to be
used for the following purposes only, to -wit.
Umn SWOM WO m~#AW" la*
in connection with and pertinent to the above stated usage, and similar activities,
Said,premises_are not to be used_,for any other purposes than these hernia specified,
without the ,consent _of the Sub-Lessor hereunder_in.writingo
30 _If the Sub-Lessee sells gasoline „at premises leased hereunder in connection
rith_use of same, then in such event Sub - Lessee agrees to pay the Sub - Lessor the sum _
of two_cents_($o02) per gallon for the, first five,th,ousand (5n000)_ gallons of gasoline
sold in any one calendar month on the premises leased hereundera and one_cent ($001)
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 caleadar_.
month following the sale, during the term of this sub - lease, it being understood that
this_reatal based on the sale of. gasoline is to be in addition to the rental charge
heretofore mentioned In this agreement._
4, 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.
Zo 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 team of this sab- 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.
8. The Sub - Lessee agrees to pay for all utilities used at the premises leased
by them,
9. It is further understood and agreed that the right of ingress and *grass
Is reserved by the Sub - Lessor (the city) herein, for the use of its employees and the
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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. -
_10, - ne,Sub- Lessor reserves the right to enter the said premises at any time
daring _t¢e..existence,of.this.,lease, for the_purpose of ,inspecting the some in order to
determine whether the terms of this sub -lease are being _observed_ and carried out.__ _
11. The prices charged for things sold on the premises by the Sub-Lessee shall
at all times be reasonable, and not exhorbitant,.and,compparable 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 the maintenamce,
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
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granted.
130_ Sub- Lessee .agrees. not to use said premises for any i.11egal_a =_immoral
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 - Lassos 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 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, welds 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 Sub - Lessee shall promptly execute and fulfill all the ordinances
of the City of Corpus Christi applicable to said promises, 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
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lease liability insurance policies in the sum of.-
One Hundred Thousand ($100,000.00) ib liars
and property damage in the'sum of-.
Fifty Thousand ($500000000) Dollars
to indemnify and save harmless the City of Corpus Christi (Sub- Lessor hereunder) and
the Unitedi $tates:;Governmeets$axiginal 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 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
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ATTEff.
City Secretary
APPRWFL AS TO LWAL FM.
""* it o
City Attorney
W1 s
Sub - Lessee
THE STATE OF TEXAS X
COUNTY OF NUEGES 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 aid for Nueces
County, Texas
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE HE, 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 DIY HAND AND SEAL OF OFFICE, This day of
195
Notary Public in and fez Naecea
TW MTC W TEARS County, Texas
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COR✓PUSIRIST� TEXAS
1956
TO THE MEMBERS OF THE CITY COUW L
CORPUS CH- RISTI, TEXAS
GENTLEMEN;
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMP ERATI °✓E 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 COUNCCL; 1, THEREFORE, HEREBY REQUEST THAT
YOU SUSPEND SAID CHARTER RULE OR REQU REMEMT 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. RGBF.RTS
B. E. BIGLER :3�z
MANUEL P. MALDONpDD
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
45�
of Corpus Christi, than this sub -lease is to teninate as between the parties_kerete ,.
and the Sub- Lessor City of Corpus Christi is not liable is any manner for damages of
any nature for suck 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 Christi,
16. 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 perfermaace
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 -enter and remove all persons therefrom, without being deemed
guilty of any manner of trespass and without prejudice to any remedies 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 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 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 whick 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 team of this sub-
lease it is agreed that upon ninety (90) 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 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,
WrM SSEW The hands of the parties hereto this the day of ,
195
CITY Or CORPUS CHRISTI, TEXAS
City Manager
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