HomeMy WebLinkAbout05037 ORD - 05/14/1958EB:5/6/58
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE A LEASE AGREEMENT WITH CABANISS AERO PARTS,
INC., A CORPORATION, WHEREBY -THE AGREES TO LEASE .
TO CABANISS AERO PARTS, INC., A CORPORATION, BUILDING
602 AND BUILDING 603, LOCATED AT CUDDIHY FIELD, N1 ES
COUNTY, TEXAS, SAID LEASE TO BE FOR A PERIOD OF TWO
(2) YEARS BEGINNING MAY 1, 1958, AND TERMINATING APRIL
30, 1960, IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF SAID LEASE AGREEMENT,,A COPY OF WHICH 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 IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE
AGREEMENT WITH CABANI55 HERO PARTS, INC., A CORPORATION, WHEREBY THE CITY
AGREES TO LEASE TO CABANI55 AERO PARTS, INC., A CORPORATION, BUILDING 602
AND BUILDING 603, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, SAID LEASE
TO BE FOR A PERIOD OF TWO (2) YEARS BEGINNING MAY 1, 1958, AND TERMINATING
APRIL 30, 19601 AT A MONTHLY RENTAL OF EIGHTY -FIVE ($85.00) DOLLARS ON BUILD-
ING 602 AND A MONTHLY RENTAL OF SEVENTY -FIVE ($75.00) DOLLARS ON BUILDING 603,
SAID LEASE TO BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LEASE
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY OF DERIVING REVENUE'FROM CUDDIHY
FIELD FOR THE UPKEEP OF SAID FIELD CREATES A PUBLIC EMERGENCY AND AN IM-
PERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT
NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS IN-
TRODUCED AND THAT SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL MEETI.NGS!!OF
THE CITY COUNCIL, 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 PASSAGE. IT IS ACCORDINGLY
SO ORDAINED.
PASSED AND APPROVED THIS THE 7� DAY OF �t 1958.
ATT MAYOR
D�
n• t_' THE CITY OF CORPUS CHRISTI, TEXAS
CITY SE&RETARY t --
APPROVFDJAS TO LEGAL FORM ✓ ✓ ✓THIS
THE DAY MAY, 1958? �� I
CITY TT P, EY V
THE SPATE W TEXAS $
COUWY W NUECES 1
This Agreement made and.entered.into this tde day_of MAY ,
195 _&,_,by and between the City of Corpus Christi, Texas, a municipal corporation,_.,here=
inaftesi.catlled "Sub- Lessor" and QeANIae AERG PAM& INC., A CoaroaATION, Lessee,
of Nueces County, Texas, hereinafter called '10- Lessee
W I T H E S S E T H_
_.,The City-of Corpus Christi, Texas, does by these presents, sub -lease and
demise unto the said QMANISa AsAie PARTS, INC.* A COMIGRATION. Sub-Les sas
the following described premises, to -wit:
BUILDING 6M AND BUILDING ft LOCATED AT CUDDINT FIELDS NUECES COUNTY# TEXAS#
for the ten ®f..Tyw ($] 116AaS , said sub -lease beginning the 1sT day of MAY
195 8 , and ending the 30*N day of APRIL o 19&jfig_a the Sub- Lessee is to
DOLLARS
pay therefor the sum of THIMIE THOUSAND, EIGNt MMRFD AM rOUTI - AA0.00 ,>
for the-tern of this sub - lease, same to be paid in monthly installments of $ 160,00
SEWS A WNTMY RENTAL of $k.00 FOa bUmme 6M AND A NGNTNLT RENTAL or $75.00 FoR BUILDING 603,
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 -wit:
FoR TNt use of AIRCRAFT PARTS WA118NOUSING AND STOPAGEA
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
SPECIFIED, WITHOUT THE CONSENT OF THE SUBLESSOR HEREUNDER IN WRITING.
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 SUM OF THREE CENTS 4.03) PER GALLON FOR GASOLINE SOLD DURING EACH CALENDAR
MONTH ON THE PREMISES, SAME TO BE PAYABLE ON THE LOTH DAY OF EACH CALENDAR
MONTH FOLLOWING THE SALE, DURING THE TERM OF THIS SUB - LEASE, IT BEING UNDER-
STOOD THAT THIS RENTAL BASED ON THE SALE OF GASOLINE IS TO BE IN ADDITION TO THE
RENTAL CHARGE HERETOFORE MENTIONED IN THIS AGREEMENT.
Y. 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 - 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.
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 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
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general,publlc, to allow! them to enter Banger No. 651 for the purpose of visitiag 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
dnr ng_the,_existence . of this lease,fmr the_p rpose of .inspecting the same 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 net exborbitant,.and,comparable with prices charged for
the some 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 Buy
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 maiateaaace,
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,
Sub - Lessee .agrees ,not to use..sai4, promises _ for ga> i,llgyal _or., naioral
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 sane 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, Teas,
for the correction, prevention and abatement of nuisances and /or hazards fe,_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,
sad the said employees shall remiin on the premises of the Sub -Lessee at all tines,
unless their official duties require otherwise, and that they wilE Nols 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 Carpus :Christi,.Sab- Lessee.
further agrees to paint, dope, store inflammable materials, weld or carry an 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, 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.
Y 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) liollars
and property damage in the,sum of-
Fifty Thousand ($50,000,00) Dollars
to indemnify and save harmless She City of Corpus Christi (Sub- Lessor hereunder) and
the United ,$tatesr.Governmeht: >;(oslginal 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,
13. 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 -leese 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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of Corpus Christi, then this sub -lease is to terminate_ as between the parties hereto .
and the Sub- Lessor City of Corpus 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 surrender
of the leased premises 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 covenants and conditions of this lease, the Sub - Lessor may enforce the performance
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 tieing 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 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.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 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 thereto,
19. Notwithstanding any provision hereof regarding the terms 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.
WITNESSEPH The hands of the parties hereto this the day of
195
CITY OF CORPUS CHRISTI, TEXAS
City Manager
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ATTEST:
I.ITY JECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
SUB - LESSEE
THE STATE OF TEXAS
COUNTY OF NUECES
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 ,
19
NOTARY PUBLIC IN AND FOR NUECES
COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
9
y KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE
ACT OF THE SAID
A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE
PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF ,
a
NOTARY PUBLIC IN AND FOR NUECES
COUNTY, TEXAS
CIPUS CHRISTI, TEXAS
, % , 1958
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN;
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING. ORDINANCES 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
y , REQU AT YOU SUSPEND SAID
COUNCIL; I THEREFORE HEREBY EST THAT 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 J
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
FARRELL D. SMITH CL
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE li(
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
FARRELL D. SMITH
W. J. ROBERTS �� c, ( __•J
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE