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HomeMy WebLinkAbout04589 ORD - 07/18/1956t AP:7/ 18/5G AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A LEASE AGREEMENT WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT. COVERING BUILDING A -10 LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, A COPY of WHICH LEASE AGREEMENT 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, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF SAID CITY A LEASE AGREEMENT WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT, COVERING BUILDING N0. A -10 LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. THE NECESSITY FOR PROPERLY MAINTAINING CUDDIHY FIELD AND THE NECESSITY FOR SECURING REVENUE FOR SUCH MAINTENANCE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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 REGULAR MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, REQUESTS THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF JULY, 1956. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTES CIW SECR TA APPROVED AS :TO LEGAL FOR JU lu, 1g 6: CITY ATTORNEY i 4589 THE STATE OF TEXAS 1 COUNTY OF NUECES 1 This Agreement made and entered-into this the day of JULY o. 195 6 by and between the City of Corpus Christi, Texas, a municipal corpOration,,_here= inafter called "Sub- Lessor" and THE WEST 093 INDEPENDENT StHooL DISTRICT Lessee, of Nueces County, Texas, hereinafter called 'Sub-Lessee". 1p i T N E i i E T H The City of Corpus Christi, Texas, does by these presents, sub -lease and demise unto the said Wr*T aso INDEPEYDEUT SOHO nom ICT _ __ Sub - Lessee, the following described premises, to-wit- BUILDING A -10 LOCATED AT CuDDINY FIELD, IN NuEtEa COUNTY, TEXAS, for the term of ONE (I) YEAR said sub -lease beginning the 3aT day of JULY , 195 6 , and ending the 3n*N day of JUNE d 195 9 7 g the Sub- Lessee is to pay therefor the sum of TNnEE HUNDRED DOLLARS ($ 300.00 ., for the term of this sub - lease, same to be paid in monthly installments of $ 25.00 , 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 salve 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 STORAGE PURPOM 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 herein specifiad, without the consent of the Sub - Lessor hereunder in.wri,tng, _ 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 the suns_,. of two cents_($o02)_per gallon for the ,fi.rst five thousand (5,000) _gallons of gasoline sgld_in any one calendar month on the premises leased hereunder; and one cent ($0013 per gallon for each gallon ever fire 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. _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. 5. 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. io 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 - 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 egress is reserved by the Sub - Lessor (the city) herein, for the use of its employees and the -2- gene ;al,public, to_allow them to enter Hanger No. 551 for the purpose of visiting the office of the Airport Manager and the control tower, Hlo The Sub - Lessor reserves the right to enter the said premises at any time during the,e x Astence 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 al-all times be reasonable, 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 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 less, 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-Letsee agrees net to use said premises for any illegal or !moral purposes and agrees to coeiform 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 ail 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 premise as of same was located in the City Limits of the City of Corpus Christi, and all orders and requirements imposed by the Health, Sanitary, Fare 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 dsid 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, urinous or alcoholic beverages in the demised premises, and will not permit smoking in any place wheys 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, weld Or carry on any activity that might be a fare hazard, only in those places designated by the Fire Marshall of the City of Corpus Christi. l5a The Sub - Lessee shall promptly execute and fulfill aP,l the ordinances of the City of Corpus Christi an to said premises, and all Crders and re- quirements imposed by the Hea]'th, Saaftary, Fare and Police Departments cf the City of Corpus Christi, Texas, fer the ccrrep.tien, prevention and abatement of nuisances and/ir hazards in, upon, or connected with said premises during the term of tisis lease at his own expense, 16, Sub- -Lessee further agrees to keep and maintain in full force and Lcep 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 ($1000000,00) ;collars and property damage in the sum ofe Fifty Thousand ($500000,00)- Dollars to indemnify and save harmless the City of Corpus Christi (Sub - Lessor hereunder) and the United, States. 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, 12, ilowever, 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- Less -ee 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, tin this _orb- iease,is is tBnsiarto_as betvrean the parties_- kvpreto and the Sub - Lessor Clqaf.Col W as Ckrist Is pet liable in any manner for daaaasa of ? any nature for such termination of this sub -lease by virtue of the termination of the lease betreea the City and the United States of America or by virtue of the surrender of the leased promises to the United States_of America by the City of Corpus Christi. 18o The Sub - Lessee further agrees that in case of any default in_aay_ef_- the covenants and coaditiens of this lease, the Sub-Lesser may enforce the performance of_any modes.or summer provided by lawn and may declare this sub -lase 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 beiag demand guilty of any manaer of trespass and witkent.psejudice to any remedies for arrears_. of rent or breach of covenant, or the Sub - Lessor City of Corpus Christi, its agents. or attorney, my resume possession of the premises and ro- 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 deficiencyg and the Sub - Lessor (the City) shall have a lien, as_security, for the rent eforesaid, or any rent due and unpaid under said sub -lease, upon all goods, wares, chattels, implements, fixtures, furniture, tools mad 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 thoreto, 19. Notwithstanding say provision hereof regarding the tom of this sab- THIRTY ('G) lease it is agreed that upon m s „days written metros either the City or the Sub - Lessee may terminate this agreement upon the delivery of said setiee in 40*11006e with all the other provisions and obligations of this contract. Upon the expiration THIRTY ('a) of said period of, >days after such notice Lois lease shall be doomed 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. W ITNESSEr9 The hands of the parties hereto this the day of 195 CITY W CORM CMWI, TQAS City Manager ATrZff - City Secretary APPSOYED AS TO LWAL F=- City Attorney Sub — Lessee THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared n 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 NUECES X BEFORE ME, The undersigned authority, on this day personally appeared , City Manager of the City of Corpus Christi, Texas, known to roe 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 Naaces County, lugs CoHP RISTI, TEXAS 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 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; 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, THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY TXr: FOLLOWING VOTE: FARRELL D. SMITH a 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 ;f