HomeMy WebLinkAbout04845 ORD - 08/21/1957/
EB :7/22/57
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY Or CORPUS CHRISTI TO EXECUTE LEASE
AGREEMENTS WITH THE FOLLOWING COVERING LEASES AT CUDDIHY
FIELD • NUECES COUNTY. TEXAS: ROGER L GAULT D B A
GONLT AVIATION, FOR ALL OF HANGER 651; GULF COAST AVIA-
T10N. INC.. Fq2 THE WEST HALF OF HANGAR 652 AND THE
SOUTHWEST QUARTER OF HANGAR 653; CLAUDE W. GLASSON A
D B
GLASSON FLYING SERVICE. FOR THE S p
HANGAR 652; J. T. IRWIN. D /B /A IRWIN OUSTING COMPANY
FOR THE NORTHEAST QUARTER OF HAN AR 652; LUBY AVIATION,
INC.. JOHN S. LUBY. PRESIDENT, FOR THE EAST ALF AND T E
NORTHWEST QUARTER OF HANGAR 653, A SCHEDULE SETTING FORTH
THE NAME OF THE SUB - LESSEE. PROPERTY SUB - LEASED, TERM OF
SAID SUB - LEASE, FEE AND PURPOSE, BEING ATTACHED HERETO
AND MADE A PART HEREOF, TOGETHER WITH A FORM OF THE AGREEMENT
USED FOR SUCH SUB - LEASES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER 15 HEREBY AUTHORIZED AND DIREOTED
TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI LEASE AGREEMENTS
WITH THE FOLLOWING, COVERING LEASES AT CUDDIHY FIELD, NUECES COUNTY, TEXAS:
ROGER L. GUALT, D /B /A GUALT AVIATION, FOR ALL OF HANGAR 651; GULF COAST
AVIATION, INC., FOR THE WEST HALF OF HANGAR 652 AND THE SOUTHWEST QUARTER
OF HANGAR 653; CLAUDE W. GLASSON, 0 /B /A GLA550N FLYING SERVICE, FOR THE
SOUTHEAST QUARTER OF HANGAR 652; J. T. IRWIN, D /B /A IRWIN DUSTING COMPANY,
FOR THE NORTHEAST QUARTER OF HANGAR 652; LUBY AVIATION, INC., JOHN S. LUBY,
PRESIDENT, FOR THE EAST HALF AND THE NORTHWEST QUARTER OF HANGAR 653, A
SCHEDULE SETTING FORTH THE NAME OF SUB - LESSEE, PROPERTY 5UB- LEASED, TERM OF
SAID SUB-LEASE, FEE AND PURPOSE, BEING ATTACHED HERETO AND MADE A PART HEREOF,
TOGETHER WITH A FORM OF THE AGREEMENT USED FOR SUCH SUB- LEASES.
SECTION 2. THAT THE NECESSITY OF DERIVING REVENUE FROM CUDDIHY
FIELD FOR THE UPKEEP OF SAID FIELD CREATES A PUBLIC EMERGENCY AND AN IMPERA-
TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED
AND THAT SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COtlNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND PUBLIC NECESSITY
TO EXIST, REQUESTING THE SAID CHARTER RULE BE SUSPENDED AND THAT THIS
ORDINANCE BE PASSED FINALLY ON THE DAY IT IS INTRODUCED AND TAKE EFFECT
AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PA55AGE, IT IS ACCORD-
INGLY SO ORDAINED. /f
PASSED AND APPROVED THIS THE 6` DAY of 1957.
NAYW
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST• }
CIT SECR ETA ,J'
APPROVED AS TO LEGAL FORM
THIS THE_ _-Q DAY OF JULY, 1957:
CITY ATTdRNEY
RENTAL SCHEDULE
NAME OF -
PROPERTY
SEPTEMBER 1, 1957,
THREE THOUSAND SIX
AIRCRAFT STORAGE.
H
TREE (U.3) CENTS
SUB - LESSEE
SUB- LEASED TERM OF SUB -LEASE
RENTAL FEE
PURP05E FUEL
OVEHR IDE
ROGER L. GUALT, DBA
GUALT AVIATION
ALL OF HANGAR 651, LOCATED AT
EPTEMBER 1, 1957.
FOURTEEN THOUSAND
AIRCRAFT STORAGE
TREE (0.3) CENTS
LINE SOLD DURING ;
CUDDIHY FIELD IN NUECES COUNTY,
THROUGH
FOUR HUNDRED DOLLARS
SALES, MAINTENANCE,
PER GALLON FOR GA
EACH CALENDAR MONTP
TEXAS, TOGETHER WITH CONCRETE
AUGUST 31, 1959
($14,400.) TO BE PAID OPERATIONS, SCHOOLS
LINE SOLD DURING
ACTIVITIES.
APRONS ADJACENT ANO ADJOINING
LUBY AVIATION, INC.,
JOHN S. LUBY, PRESIDENT
IN MONTHLY INSTALL-
SEPTEMBER 1, 1957,
EACH CALENDAR MONT
AIRCRAFT STORAGE.
THERETO.
RENTS OF $600.00.
THROUGH
HUNDRED DOLLARS
GULF COAST AVIATION
INC.
WEST HALF OF HANGAR 652 AND SOUTH-
SEPTEMBER 1, 1957,
NINE THOUSAND SIX
AIRCRAFT STORAGE.
THREE (0.3) CENTS
DP ER AT ION S, SCHOOLS,
WEST QUARTER OF HANGAR 653, LOCAT-
THROUGH
HUNDRED DOLLARS ($9,600) SALES, MAINTENANCE,
PER GALLON FOR GA
IN MONTHLY INSTALL-
ED AT CUDDIHY FIELD IN NUECES
COUNTY, TEXAS,
AUGUST 31; 1959
To BE PAID IN MONTH-
OPERATIONS, SCHOOLS,
LINE SOLD DURING
MENTS OF $400.00.
TOGETHER WITH CON-
LY INSTALLMENTS OF
AND SIMILAR AVIATION
EACH CALENDAR MONT
CRETE APRONS ADJACENT AND ADJOIN-
$400.00.
ACTIVITIES
INS THERETO.
CLAUDE W. GLASSON, DBA SOUTHEAST QUARTER OF HANGAR 652, SEPTEMBER 1, 1957, THREE THOUSAND SIX AIRCRAFT STORAGE, THREE (0.3) CENTS
GLASSON FLYING SERVICE LOCATED AT CUDOIMY FIELD IN THROUGH HUNDRED DOLLARS($3.600.) SALES, MAINTENANCE, PER GALLON FOR GA:
NUECES COUNTY, TEXAS, TOGETHER AUGUST 31, 1959 TO BE PAID IN MONTHLY IN- OPERATIONS, SCHOOLS, LINE SOLD DURING .
WITH CONCRETE APRONS ADJACENT STALLMENTS OF $150.00. AND SIMILAR AVIATION EACH CALENDAR MONTI
AND ADJOINING THERETO. ACTIVITIES.
J. T. IRWIN, DBA IRWIN
DUSTING COMPANY
NORTHEAST QUARTER OF HANGAR 652,
SEPTEMBER 1, 1957,
THREE THOUSAND SIX
AIRCRAFT STORAGE.
H
TREE (U.3) CENTS
LOCATED AT CVDDIHV FIELD, IN
NUECES
THROUGH
HUNDRED DOLLARS
SALES, MAINTENANCE
PER GALLON FOR GA'
COUNTY, TEXAS, TOGETHER
AUGUST 31, 1959
($3,600.) TO BE PAID
OPERATIONS, SCHOOLS,
LINE SOLD DURING ;
WITH CONCRETE APRONS ADJACENT
IN MONTHLY INSTALL-
AND SIMILAR AVIATION
EACH CALENDAR MONTP
AND ADJOINING THERETO.
MENTS OF $150.00.
ACTIVITIES.
LUBY AVIATION, INC.,
JOHN S. LUBY, PRESIDENT
EAST HALF AMD NORTHWEST QUARTER
SEPTEMBER 1, 1957,
NINE THOUSAND SIX
AIRCRAFT STORAGE.
THREE (0.3) CENTS
OF HANGAR 653, LOCATED AT CUDDI-
THROUGH
HUNDRED DOLLARS
SALES. MAINTENANCE
PER GALLON FOR GAS
NY FIELD IN NUECES COUNTY, TEXAS,
AUGUST 31, 1959
(9,600.) TO BE PAID
DP ER AT ION S, SCHOOLS,
LINE SOLD OUR ING
TOGETHER WITH CONCRETE APRONS
IN MONTHLY INSTALL-
AND SIMILAR AVIATION
EACH CALENDAR MONTH
ADJACENT AND ADJOINING THERETO.
MENTS OF $400.00.
ACTIVITIES.
THE STATE OF TEXAS 1
cowry of HOMES . 1
This Agreement made and entered.into_ this the dey_of
195 by and between the City of Corpus Christi, Texas, a municipal corporation 6ere=
inafter , ealled_"Sub- Lesser'° and, Lessee,
of Nueees County, Texas, hereinafter called "Sub- Lessee".
W I T N E E S E T 9
City of Corpus Christi, Texas, does by these presents, sub -lease and
demise unto the said Snb- Lessee,
the following described premises, to -wit:
for the term of said sob -lease beginning the day of ,
1951, and ending the day of ; 1953 the Sub - Lessee is to
pay therefor the sun of q ,)
for the term of this sub - lease, same to be paid in monthly installments of $
said monthly installments to be paid each month in advance, the first to be paid on the
first effective date of this sob - lease, and a like installment on the same day of each
succeeding month thereafter daring 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-
in connection,with and pertinent to the above stated usage, and similar activities,
Said „premises_a;e at to be used-for aai.othes parpoeea, than these herein specified,
without the consent, of the.Sub -L AGE besende ;.in writing, -. _.. .. _.. .... - --
3,_ If the sells gasoline, at promises leased bereunder is connection
111th..pe of_,sampe, then in such event Sub - Lessee agrees „to.pay,the Sub-Lessor the -Aem._
THREE ($.03)
It MR,eomte_f�a$22.per gallopi4iHl�il �JkiEitkll liMM1KRiIMIMKIkXEakkiMgXRtX IRIFRiARR
a42ak bas nag xosra m�emdosrc amar[ DSxoacxficaxpa( ep( icaaaxkga[ RdxkpxRxR4lpSYxR INIxRRRxRllRlEx�xRx
pmax�ga�ntt xL�a�arlclaoaKwaReac xRi^tax%bcaaa�[dx kScxapkk+tpAxsRkdxflpl� pgxllRxxRR�F
FOR GASOLINE SOLD DURING EACFC'.'.' -
calendar mouth on the premises, same to be payable on the loth day of each calesda;,..
month following the sale, during the term of this sub -lease, it being understood that
this rental based an the sale.ef_,gasoline is to be in addition to the rental charge
heretofore mentioned.in this _ agrement,_ - - - - -- - -
_._._._ 4.. Sub - Lessee agrees not to enter Sato -a subordinate sub-lease-of the
premises or any,portion thereof, at permit the use thereof by say independent contractor,
without the consent of the Sub - Lessor herein in writing, -
S. It is.furtker 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 West
received from such subordinate Sub- Lessee for the subordinate sub - lease, said amount to
be in addition to the rentals hereinabove set out,
6. He 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 perunaest
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 and
Its appurtenances, and suffer no waste, and shall keep the said premises in good repair
at their own expense, and at the and or other expiration of the tea of this soh- 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 fez all utilities used at the promises leased
by them,
9. It is farther understood and agreed that the right of ingress and ogress
is reserved by the Sub- Lessor (the city) herein, for the use of its employees and the
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general public, is allow them to entsr Manger No, 651 for the purpose of visiting the
office of the Airport Manager and the control tower,_ -
_ M,,The.Sub-Lessor reserves the right to enter . the said premises at say time
during the ewisteaea_of.ths lease-for the „purpose Of iaspectipg the swe In order to
determine uketber_ the teams of this sub -lease are being_observed_and carried oat,_- _
11, The prices charged for things sold on the premises by the Sub4Awsee shall
at--all times be_ reasonable, and net exborbitant,.ao comparable with prices Charged for
the same articles at simf_lar_places . in the Cltp 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 awe in good
repair at their name 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_nor ia, 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 whoa turned over to Sub lessee, As Inventory of all
personal properties and equipment furnished by the Sub- Lassos 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 cut a description of the prop-
erty and equipment and the condition of such, it being understood a copy of awe is to
be placed on file in the Airport Manager's office and will become a part of this Iowa
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 promises and the facilities covered hereunder, *session -
ed by the act or omissions of the Sub - Lowe, its agents or employees, the Sub - Lessee
agrees to indemnify and save harmless the Sub -Lessor from and against any loss, expose,
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 any arise incident to the exercise of the rights and privileges herein
-3-
grouted,
13, Sub- Lessee agrees not to use said premises for any illegal or.istoral
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- Lessox 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 Manger.
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 ia, upon, or
connected with said premises during the tons of this lease at its own espouse.
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 - Lesser City of
Corpus Christi, and all ordinances affecting the property leased or the Airport,
and the said employees shall remiin 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 perwlt smoking in any place whose 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 Christl; Sab- Lessee
further agrees to paint, dope, store imflasmable materials, weld" or carry as 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 omit expense.
16. Sub -Lessee farther 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) :bilars
and property damage in the sum of:
Fifty Thousand 050,000,00) Dollars _
to indemnify and save harmless the City of Corpus Christi (Sub- Lessor hereunder) end
the �Unitedi.,M etes ;:Gevermsedts4acigino1 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 shell 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
end 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, servents 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 end 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 nforesaid 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 Americo by the City
-5-
of_COrpus Christi. thus this sub- lose is to tgwn4te_,as between the parties. Mareto ,.
and the SMb-i,osar City oS Coipos Christi is not liable In. say mouser for ds"ges of
any, wature.for_ such termination of this sub-lease by virtue of the termination of the
lea;e betAwo" the City and. the United States of America or by virtue of the surrender
Of the Issued precious to the United States. of America by the City of Corpus Christi,
18, The Sub - Lessee further agrees that in case of any default In-any of
the covessats and coaditions of this lease, the Sub - Lessor may enforce the performance
of.apy modes or man" 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 domed
guilty of any "Baer of trespass and withoat,prejudice _ to any remedies for arrears_
of rent or breach of covenant, or the Sub -Laser City of Corps; Christi..,_It$ agents,
or attorney, my resume possession of the promises and re- sublot the same for the ._
remainder of the term at the best rent they my obtain, for account of the Sab- Lesses,
who shall make good say deficiency; and the Sub - Lessor (the City) shall have a lies.
Bs„seeurity, for the rest aforesaid, or-any rent due and unpaid under said sub- isase,
upon all goods, mores, chattels, implements, fixtures, furniture, tools and other
personal property which are sow located on said promises ax which may be placed on
said premises by the Sub- Lessee, whick lies shall be emulative of the statutory
lies crusted by law and in addition theme.
19. Notwitbst"ding any provisies hereof regarding the terms of this sub-
lease it is agreed that upon ninety (90) days mitt" notice either tke City or the
Sub- Lessee my terminate this agreement upon the delivery of said notice is 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 domed
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,
mrfNFSSE[8 The hands of the parties hereto this the -dry of
195
CrIY OF COYPUS Ce[ISTI, TUA,9
City manager
AT!®T;
City secretary
APPROFM AS TO LIGAL FORA-
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 ad for Nueces
County, Texas
THE STATE OF TEXAS X
COUNTY OF NUDES 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 is and for Nmeees
Ceuaty, Tun
CO S CHRISTI, TEXAS
1937
TO THE MEMBERS'OF THE CITY COUNCIL
CORPUS CHRISTI. TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF iNE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR.RESOLU-
TION 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
CO UNC ILA 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED. OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO,
7
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
OD ELL INGLE
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