HomeMy WebLinkAbout05352 ORD - 05/13/1959• e
,
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER. FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
ERECUTE AN AGREEMENT WITH THE UNITED STATES OF
AMERICA FOR THE OPERATION OF THE AIRPORT TRAFFIC
CONTROL TOWER; FOR THE USE OF THE CONTROL TOM
STRUCTURE;_ FOR A SITE FOR THE COMBINED TONER
AND COMMUNICATION STATION; FOR A REMOTE TRANS-
MITTER STATION SITE; FOR A REMOTE RECEIVER
STATION SITE, ALL AT CLIFF MAUS FIELD, CORPUS
CHRISTI, NUECES COUNTY, TE8AS, IN ACCORDANCE
WITH THE TERMS AND PROVISIONS OF THE ATTACHED
DOCUMENTS WHICH ARE MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHR ISTI,
SECTION 1. That the City Manager is hereby authorized and directed,
for and on behalf of the City of Corpus Christi, to execute an agreement
with the United States of America for the operation of the airport traffic
control tower by the United States of America, by and through the Federal
Aviation Agency, and to execute an agreement with the United States of America
for the use of the control tower structure; for a site for the combined
tower and communication station; for a remote transmitter station site; for
a remote receiver station site, at the Municipal Airport, Cliff Maus Field,
Corpus Christi, Nueces County, Texas, in accordance with the terms and pro-
visions of the instruments, copies of which are attached hereto and made a
part hereof, in words and figures as follows, to -wit:
1
4
eoodiff -d f &tea by o ( No.8
As modl8ad for use b9 tho Olvll
A-M(U loe AdmhdamM.')
44ievlaad July 8y 1848)
Wallotan
Airway
LEASE
between
CITY OP i"Olt TS CMTSTS
and
Tun UNITES) STATES OF Aumc&
1. This LEASE, made and entered into this
in the year one thousand nine hundred and gay
by and between CITY QF CEnFITh G,Z i OTI
day of
Renato Trtfimmit:ter
Ota"On cite,
OGrPM QuIsts, $"M
whose address is "aMlcil?al Airport, Gift `7sts Field P. 0. box 1179
for �tt3 Corpus C Eab2 �c ft
hr W,,, execuu%rs, administrators, successors, and assigns, herein-
after called the lessor, and the UNrnm STATES er AMMU, hereinafter called the Government:
WMMSET$: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
2. The lessor hereby leases to the Government the following described premises, v12:
tract Q1 W4 within the boundaries of the 15"1 IrAl arporb, curr
MMIS Feld, Corpus airjffiti., 13ueces Ccuutg, `'COM. card Moro gartlau3er3 � de-
BGr26cad as fQ13os9 FteJ� the Ci4lit£7! 34ae at i)lae itll &ad og' the lmvr. enta of
the ga.flF; i>a�ira� (sacs Gshlbit "A" att=ired) go S 45 W with ¢stater line
e ftnded of said tme3.wl'y 2L5 Tecatl tctW-Ge 8 v37 S to the point or beaming;
theme Ci 4? l-, lolls j thams is 1:54 S 100 t'ects thence t$ L Slog last
tl*ncg N !!g e-' 100+' Meet, tutting to the Polaris or begsm COEgirsting
Of 4 trwb of land ecntsfving o.e3 Corso. Mora or lens. 3'.31 heartrl em
t'il't t_9ee
IWl�fYl��I WFPid1lPPdl °e+'PP�FI'�8"ifYIYYYJ �"!"P'�iri/YY'f�%yt�
io —aaema
And a right -of -way for ingress and egress to and from the premises; a right -of -way or rights -
of -way for establishing and maintaining a pole line or pole- lines for extending electric power, tele-
phone, and telephone typewriter facilities to the premises; and rights -of -way for subsurface power,
communication and water lines to the premises; all rights -of -way to be over the said lands and
adjoining lands of the lessor and, unless herembefore described by metes and bounds, to be by the
most convenient routes;
And the right to establish and maintain beacon lights and' other lighting equipment, radio, and
other facilities for communication and signaling purposes, and other facilities and equipment for the
guidance and operation of aircraft;
And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the
premises, and the removal of all obstructions from the premises which may constitute a hindrance or
hazard to the operation of aircraft or to the establishment and maintenance of air navigation
facilities;
S. To HAVE AND To Soto the said premises with their appurtenances for the term beginning
Jn1y 1, 158 and ending with Juno. jo, 1993.
4. The Government "I not assign this lease in any event, and shall not sublet the demised
premises except to a desirable tenant and for a similar purpose.
5. This lease may, at the option of the Government, be renewed from year to year at a rental of
.q,no and noAC3 Collars (1,2.03) per omm,
and otherwise upon the terms and conditions herein specified, provided notice be given in writing to
the lessor at least thirty days before this lease or any renewal thereof would other-
wise expire: Provided that-no renewal thereof shall extend the period of occupancy of the premises
beyond the ti- ArCleth (30) day of JUM . 10 63.
0. The lessor shall furnish to the Government, during the occupancy of said premises, under the
terms of this lease, as part of the rental consideration, the following:
7. The lessor shaD not, during the term of this lease erect any structures on the premises, nor
use nPo,r,�p �aPll,�o�w ,t,�h`,ep, �uys�e o�fa the �said Premises qi�n, /any� manner without the written consent of the l�
'1'TlilillT'li777ri'/YYY' #1MWi7fiYYl7'1�`>f 1 Fed ®rat 1 viation "XoUcY#
8. The Government shall have the right, during the existence of this lease, to make alterations,
attach fixtures, and erect additions, structures or signs, in or upon the premises hereby leased, which
fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and
remain the property of the Government and may be removed therefrom by the Government upon
the termination of this lease or within 90 days thereafter.
"
D. The Government shall pay the lessor, for the premises, rent at the following rate: Cn9 cXA
i
n%od 1b1.?ere Ctw"j) per emaum.
Payment shall be made at the end of each C_l ermont Fuca Your, Juno 30• 1,21 rental Mmentsi,
jI� �la o at--all lie polo in arrears w tbo4 subre5.eaion o- vouchers or itmicee.
o Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated company, if the lease be for the general benefit of
such corporation or company.
Pbrm'�C No. 2 and F
(U-13. "o.aromeateodoN Form
t B
oeaWm Adly 31, ISM) b eu
(xevieed ldy 91, 196d)
11. The Government is also granted a 2G -foot right -cf�ay from the leased
premises to the adjacent taxiway for construction and maintenance of an
entrance road, as well as right and privilege to extend underground pourer
and control cables from the leased premises to its existing facilities
on the airport.
12. The last paragraph on Page 1 beginning with the words "Together with"
and ending with "aircraft thereon" was deletedf the words "Department of
Commerce, Civil Aeronautics Administration" more deleted from Article 7
and the words "Federal Aviation Agency" inserted in lien thereof. This
Article 12 as well as Article 11 above was inserted herein and made a part
of this lease prior to signature of ,any of the parties to this lease.
- - --lea --
against the above- described premises, the Low%
undersigned hereby consents to the foregoing Titles
lease and agrees that if, while the lease is in
force the mortgage is foreclosed, the foreclosure THE UNITED STATES of AmmucA,
shall not void the lease.
OWS BY
Martgagse,
(If lessor is a corporation, the following certificate shall be executed by the secretary or assistant
secretary)
that
certify that I am the
Secretary of the corporation named as lessor in the attached lease;
who signed said lease
on behalf of the lessor, was then _ _ of said
corporation; that said lease was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
---------- _rcosEar, j
INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE
1. This form of lease shall be used by the Department of Commerce, Civil Aeronautics Admin-
istration, in the leasing of sites for air navigation purposes. After proper execution by the lessor,
the lease shall be submitted in quadruplicate to the Department of Commerce, Civil Aeronautics
Administration, for acceptance by its contracting officer.
2. The lease shall be dated and the full name and address of the lessor clearly shown in article
1. The premises shall be fully described in article 2 and the area shown. The location by refer-
ence to county and State, shall also be shown.
S. Whenever the lease is executed by the attorney, agent, or trustee on behalf of the lessor,
three authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor,
shall accompany the lease.
4. When the lessor is a partnership, the names of the partners composing the firm shall be stated
In the body of the lease. The lease shall be signed with the partnership name, followed by the name(
of the partner signing the same.
5. Where the lessor is a corporation, the lease shall be signed with the corporate name, followed
by the signature and title of the officer or other person signing the same on its behalf, duly attested.
The corporate certificate on page 8 of the lease shall be properly filled in and the corporate seal
affixed. If the corporation does not have a seal, that should be stated on the certificate.
8. Whenever the lease is executed by an administrator or executor on behalf of an estate,
authenticated copies of the appropriate court order or probate certificate, evidencing his appointment
as such by the court having jurisdiction over the administration of the estate, shall be attached.
Real estate ordinarily vests in the heirs or devisees of the deceased owner and the fact that an execu-
tor or administrator has been appointed does not necessarily authorize him to lease such property.
Therefore, in addition to furnishing evidence of the appointment of the executor or administrator
the authority of the executor or administrator to lease such property shall be shown by the furnish-
ing of (a) an authenticated copy of an order of the court having jurisdiction over the administra-
tion of the estate; or (b) a certified copy of an extract from the laws of the State where the prop-
erty is located, with citations of the statutes extracted; or (c) an authenticated copy of the pro-
bated will, if any.
7. If in connection with the use of tha leased premises, the lessor is agreeable to furnishing as
part of the rental consideration certain facilities and /or services, other than personal services, or is•
agreeable to granting any additional rights and privileges not specifically indicated in the lease,
provision therefor shall be made under article 8.
8. If the premises are mortgaged the "Subordination of Mortgage Clause" shown on page 8
shall be filled in and signed by the mortgagee. If the premises are not mortgaged, the word "None"
shall be indicated in the space provided for the signature of the mortgagee.
9. If in addition to the mortgagee, there is any other person having an interest in the premises,
his or her written approval for the use of ,the premises by the United States for the desired pur-
pose shall be indicated on the lease.
10. There shall -be no deviation from this form of lease without prior authorization by the
Director of Procurement, except—
(4) The first paragraph, page 2, beginning "Together with," may be deleted If the prem-
ises are not to be used to land and operate aircraft.
(b) Article 3 may be drafted to cover a monthly tenancy or other period less than a year,
if desired.
(c) In article b if a renewal for a specified period other than a year, or for a period optional
with the Government is desired, the phrase "from year to year" may be deleted and proper sub-
stitution made. If the right of renewal is not desired or cannot be secured, article 5 may be
deleted.
(d) Additional provisions, relating to the particular subject matter that may be mutually
agreed upon, may be inserted, if not in conflict with the standard provisions.
11. When additional provisions, relating to the particular subject matter that may be mutually
agreed upon, are inserted or when necessary deletions or other alterations are made before the
signing of the lease by the lessor, notation shall be made in the blank space following article 11 to
the effect that they were made before the signing of the lease; if made after the signing of the lease,
they shall be properly initialed by the lessor.
12. If the property leased is located in a State requiring the recording of lease in order to pro-
tect the teWt's i , hts, care should be taken to comply with all such'statutory requirements.
a v. mlmamT pplrtnto mr,c¢ I8-2
LYASE
BETWEEN
CITY or cola-us CIUMT1
AND
Ts» Umm .STATES of AMERICA
day of
THIS L TS LEASE, made and entered into this '
in the year one thousand nine hundred and � by and between
' CIV OF CORPIB C1E it
whose address is mmioipal Alrpoet, Clirr U8= Filrld
Ps d. Box 17N, CorPM CMIUMi. !
for Its heirs, executom. administrators, suceessoz and assigns, hereinafter called
the Lessor, and THE UNrPED STATES of AMEBicA, hereinafter call ed the Government:
WrrNEssurs: The parties hereto for the considerations hereinafter mentioned covenant and
agree as follows:
2. The Lessor hereby leases to the Government the following - described Premises, viz:
Ffra rooms, comprlrla; tbo anbfra Control Tang, struaton wd oontela-
sag "Wp oti- ly 156 ug. 115. 115. and 154 agww" toot, !or ■ taW aeae
of apprulfttely 69 sgus feet of Moor spme, 0146 strwburs UO&Ud st
the ltmlafp4 Alspor% QUT YAM n*14 Corpse Cb iati. *mass Csmt7r
2aaw. .
to be used exclusively for the following purposes (see instruction No. 8) :
Cusmriars for C ffitjw d stWonfTowr. Fedsrsl Avlablon Ag*M, Carpus
rb"SU, TlaN•
8. To HAvE AND To HOLD the said premises with their appurtenances for the term beginning
Aaly 1. 1959
and ending with Joss 300 1999.
Sri
a
4. The Government shall not assign this lease in any event, and shall not sublet the demised � +
Premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said
Premises by anyone other than the Government, such sublessee, and the agents and servants of the
Government, or of such sublessee.
6. This lease may, at the option of the Government, he renewed from year to year at a rental of
^)no and no /100 i ollars (; 1.00) per mum
and otherwise upon the terms and conditions herein specified, provided notice be given in writing
to the Lessor at least thirty days before this lease or any renewal thereof would
otherwise expire: Provided that no renewal thereof shall extend the period of occupancy of the
premises beyond the thirtieth (30) day of Juno. I j63.
6. The Lessor shall furnish to the Government, during the occupancy of said premises, under
the terms of this lease, as part of the rental consideration, the following:
The (31mrmart e:1all 6160 1'.ays the r101t; and Lrivile .-o to jrstal1. O-wat3
and ra�utcsin antenna -Ares oac apptrtenamcos on top of ti'e Control lover atruc-
ture, or s,aeh athor location on airport _,roZ.Orby as deemed necessary, Imo do
fcrti -er r'�Cht to .!:ajrtoin necessc,ry conxectinE; cable irate auc3.3nstallrtioan to
tl-a fambi od - tetlonfioeer. _- rcvided such 3.7ste lati:om do not cWatitIte a
Hazard to the oforotion of aircraft. The C,ovurnaent Shall ciao ham the right
and privilege to irarall, operate End ::aintain such underi;round connectine, vm�Or
cebl® es Will to aeccasary hot-mon i:i=_e Ca Mr_ed ..tut_or/Tcri:er in the 4oabroj
Tomor structure suG its cme"noy Stand -by ,}omer plant located in a Uovcrmaent-
ucamd'builvinJ, for proacr o?eratlon of do rLciliby dur_ng perieds of conror-
ciel poser fadl•_Te.
7. The Government shall pay the Lessor for the premises rent at the following rate:
One end no %1®,3 hollers (61.31) per Em am.
Payment shall be made at the end of each Govornment rj ecal yea.. June 3' Ci. M rental mymnta
under th Governmen shall have the r right earp t" s ssiop of vcuct-,ers or icon.
during tie exuatence of this lease, to make alterations
attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased
(provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent
with the rights granted to other tenants on the property or in the building in which said, premises
are located) ; which fixtures, additions, or structures so placed in or upon or attached to the said
Premises shall be and remain the property of the Government and may he removed therefrom by
the Government prior to the termination of this lease, and the Government, if required by the Les-
sor, shall, before the expiration of this lease or renewal thereof, restore the premises to the same
condition as that existing at the time of entering upon the same under this lease reasonable and
ordinary wear and tear and damages by the elements or by circumstances over wWLIZ the Govern-
ment has no control, excepted: Provided, however, that if the Lessor requires such restoration, the
Lessor shall give written notice thereof to the Government
the termination of the lease. tarty days before
[LEASH]
9. The Lessor shall, unless herein specified to the contrary, maintain the said premises in good
repair and tenantable condition during the continuance of this lease, except in case of damage aris-
ing from the act or the negligence of the Government's agents or employees. For the purpose of so
and premises, y the Lessor pairs reserves the right at reasonable times to enter and inspect the
promises d make
lo. If the said premises be destroyed by fire or other casualty this lease shall immediately ter-
minate. In case of partial destruction orrddam notice to the other a pre fifteen daystthereafter, so as to render
party may terminate the lease by giving
• and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage.
j 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated company, if the lease be for the general benefit of
such corporation or company
l2. this i.aregreapb, as well os bite attvLchc i Agre t for ')�ieretir n of the
A.irpart Traffic Control Teter by the r A. were inserted herein and mnde a put
of this Iowa, all ; rf or to aiu-nature of evy of the parties to thin Ioese.
IN wiTNM WHEREOF, the parties hereto have hereunto subscribed their names as of the date
first above written. G12'Y OF Ca tot G1:l1UTI,
In presence of:
li a
Lessor.
Titles
(naaz�
UNrnW STATES of AMERICA,
(oBim ttao)
(If Lessor is a corporation, the following certificate shall be executed by the secretary or assistant
secretary)
1 certify that I am the
Secretary of the corporation named as Lessor in the attached lease; that .
who signed said lease on behalf of the Lessor, was then
of said corporation; that said lease was duly signed for and
in behalf of said corporation by authority of its governing body, and is within the scope of Its cor-
e poste powers.
1
18-01 1
I
INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE
1. This standard form of lease shall be used whenever the Government is the lessee of real
Property; except that when the total consideration does not exceed $100 and the term o£ the lease
does not exceed 1 year the use of this form is optional In all cases where the rental to be paid
exceeds $2,000 per aunum the annual rental shall not exceed 15 per centum of the fair market value
Of the rented premises at the date of lease. Alterations, improvements, and repairs of the rented
Premises by the Government shall not exceed 26 per centum of the amount of the rent for the first
i
year of the rental term or for the rental term if less than 1 year. .
2. The lease 'shall be dated and the full name and address of the lessor clearly written
in paragraph 1.
a. The premises shall be fully described, and, in case of rooms, the floor and room number of
each room given. The language inserted at the end of article 2 of the lease should specify only the
general nature of the use, that is, "office quarters," "storage space,,, etc
4. Whenever the lease is executed by an attorney, agent, or trustee on behalf of the lessor, two
authenticated copies of his power of a
accompany the lease. ttorney, or other evidence to act on behalf of the lessor, shall
6. When the lessor is a partnership, the names of the partners composing the firm shall
be stated in the body of the lease. The lease shall be signed with the partnership name, followed
by the name of the partner signing the same.
6. Where the lessor is a corporation, the lease shall be signed with the corporate name, fol-
lowed by the signature and title of the officer or other person signing the lease on its behalf, (duly
attested, and, if requested by the Government, evidence of his authority so to act shall be furnished,
7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat she
janitor service, etc t,
8. There shall be no deviation from this form without prior authorization by the Director of
Procurement, except —
year. (a) Paragraph 3 may be drafted to cover a monthly tenancy or other period less than a
(b) In paragraph 6, if a renewal for a specified period other than a year, or for a period
optional with the Government is desired, the phrase "from year to year,, shall be deleted and
proper substitution made. If the right of renewal is not desired or cannot be secured para-
graph 6 may be deleted.
(e) Paragraph 6 may be deleted if the owner is not to furnish additional facilities.
(d) If the premises are suitable without alterations, etc., paragraph 8 may be deleted.
'(e) Paragraph 9 provides that the lessor shall, "unless herein specified to the contrary,
maintain the said premises in good repair, etc " A modification or elimination 6f this
requirement would not therefore be a deviation.
(f) In case the premises consist of unimproved land, paragraph 10 may be deleted.
(U) When executing leases covering premises in foreign countries, departure from the
standard form is permissible to the extent necessary to conform to local laws, customs, or
Practices.
(h) Additional provisions, relating to the particular subject matter mutually agreed
Upon, may he inserted, if not in conflict with the standard provisions, including a mutual
right to terminate the lease upon a stated number of days' notice, but to permit only the
lessor so to terminate would be a deviation requiring approval as above provided.
9. When deletions or other alterations are permitted specifie notation thereof shall be entered
in the blank space following paragraph 11 before signing.
10. If the property leased is located in a State requiring the recording of leases in order to
Protect the tenant's rights, care should be taken to comply with all such statutory requirements.
m 6 oauf,va oeFle¢ u-- .mm—,
FfJ= 16o-4b
FEDERAL ABI.MON AGENCY
AGREEMMU
FAA
OPMWION OF AIRPORT TRAFFIC CONTROL TOM BY THEM
THIS AGRMffM, is attached to and made a part of Government Lease,
.Standard Form No. 2, covering the quarters occupied by the Government in con-
nection with the operation of the facility in the structure.
THIS AGREEMENT, by and between CITY OF CORPUS,CMISTI �
Party of the First Part, and the United States of America, acting by and through
�Fedora�o e a + y ys
the 7Y�f7 Part of the Second Part WITNFSETH THATt
WHMRAS, it is in the public interest that the Airport Traffic Control
Cliff Maus
Tower at Municipal Airport Field , be operated by the Party of the Second
Part in accordance with standards established by the Federal Government.
NON, THEREFORE, for ^nd in consideration of the operation of the Airport
Cliff Maus
Traffic Control Tower at Municipal Airport Field by the Party of the Second
Part., subject to the abailability of funds therfor, the Party of the First Part
agrees to the following conditions:
(1) As specified in the lease and as further specified in Technic9l'Standard
Order No. 5-13a, dated December 18, 1953, "Requirements for Airport Traffic
Control Quarters," the Party of the First Part agrees to provide a Control Tower
structure meeting V'AA standards.
(2) Party of the First Part agrees to allow the Federal Government the use or
such traffic control equipment as may be installed in the structure at any time
that the Party of the Second Part assumes active operation of the facility.
(3) The Control Tower structure shall be properly maintained by the Party of the
First Part, as specified in the lease and TSO -N73a, including the maintenance,
repair and /or replacement of adequate equipment and facilities for heating,
air conditioning, lighting and other utilities services.
(4) Party of the First Part shall pay for all current for boundary, flood and
obstruction lights, even though these lights may be operated by a federal con-
troller in the Control Tower.
FW- 160 -40
Page 2
(5) All airport lighting which is essential to safe aircraft operations and
which can be controlled from the control tower and all traffic control devices
which are designed to be remotely controlled, shall be under the control of
federal employees in the control tower.
(6) Party of the First Part shall retain the responsibility for the proper
functioning of ary light or other locally installed derice which is placed at
the disposal of federal airport traffic controllers.
(7) Party of the First Part shall retain the responsibility for the proper
functioning of apparatus necessary for traffic control, which cannot be placed in
operation or controlled from the control tower, or which is not otherwise operated
by the Party of the Second Part.
(8) Party of the First Part shall advise the Chief Airport Traffic Controller
of any portions of the fi&ld which may be unsafe for normal use by aircraft and
shall properly mark such areas.
(9) Party of the First Part shall assume the responsibility for any conditions
on the airport which are not subject to control of a federal airport traffic
controller on duty in the tower.
(10) Party of the Second Part shall have complete control over the operation of
the control tower at all times and s..all not be subject to the direction or
supervision of the Party of the First Part in that respect.
(11) Party of the First Part shall notify the Chief Airport Traffic Controller
or his representative before any maintenance or construction personnel are sent
out on the landing area unless such personnel are proceeding in accordance with
a schedule which has been approved by the Chief Airport Traffic Controller.
(12) Insofar as the Party of the Second Part is concerned from a traffio stand-
point, the Party of the First Part may reserve any portion of the landing area
for ary reason that it may deem proper or sufficient for as long a period as the
Party of the First Part desires, provided that any such area shall be properly
marked off and notice given of the change in available landing area just as might
be done when a portion of the landing area is marked off for maintenance or con-
struction. Providing that this section shall not be deemed to affect any pro-
vision contained in arty contract previously entered into between the Party of
the First Part and the United States Government concerning the use of the said
landing area.
(13) No T6bmber of or Delegate to Congress or Resident Commissioner shall be ad-
mitted to any share or part of this agreement or to ary benefit to arise there-
from. Nothing, however, herein contained shall be construed to extend to any
incorporated compaE y, if ' -te agreement be for the general benefit of such
corporation or company.
w
ro ACA M
(U. G. U000romoot Standard Focn1 No. 8 t
" modleod for m by tho 01,11
• Amonatke u Adminiskatim.)
(Ra, July 81, 194
bv�&'�F11F3CS°
Airway
LEASE
between
and
Ti: UTnTEn STATES of Ammo&
1. This LEASa, made and entered into this
ea�i rt�go�lre
site
corpw cti,
day of
in the year one thousand nine hundred and rjftjw"tW
by and between City or CErpus chruti
MMICIX'I es"rt
whose address is (,Ilfr °- a ug 1 fs
itl;Fst�
for dtt3 , executors, administrators, successors, and assigns, herein-
after called the lessor, and the UNrTEO STATES OF AnzEarOA, hereinafter called the Government.
Wrrms=H : The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
2. The lessor hereby leases to the Government the following described premises, v112:
A tract of lend wIthIn t:bo boundaries or the uonia)4pe2 ft1eprb, ClUT C_adu r
l;10313, cot are3eeti, +:JUG@ COMV, gases, uXtritad as Comm* r M Vv
t "hM CWMr Of !i 10,'975'@ s 16175# FOMM owlaslue the s!"rb L)DWr
trwaftrwrs, rp R tP P 174 its t� wce & le : n g rye to do !--,Ot t
"o0rin -J troy. C' Ida � 76 yes U s 470 F 43 # le u
a} rest, thence : 47 n e9s9 rwt s 'tijaf:ne n 47- � L�rci g9eCp LS�ffia �3 �g�
th .� Beery t `�3° P.5 rear thence il-4? N %.3 toots to Vs l :oiat
e `''t iErt end 43orta?ning 0410 WM, V-zW or LeeO,
777 =7 7,7772
And a right -of -way for ingress and egress to and from the premises; a right -of -way or rights -
of -way for establishing and maintaining a pole line or pole, lines for extending electric power, tele-
phone, and telephone typewriter facilities to the premises; and rights -of -way for subsurface power,
communication and water lines to the premises; all rights -of -way to be over the said lands and
adjoining lands of the lessor and, unless hereinbefore described by metes and bounds, to be by the
most convenient routes;
And the right to establish and maintain beacon lights and' other lighting equipment, radio, and
other facilities for communication and signaling purposes, and other facilities and equipment for the
guidance and operation of aircraft;
And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the
premises, and the removal of all obstructions from the premises which may constitute a hindrance or
hazard to the operation of aircraft or to the establishment and maintenance of air navigation
facilities;
8. To HavE AND To HOLD the said premises with their appurtenances for the term beginning
�Uk' .1, 1J55 and ending with June 30, k) 9.
4. The Government shall not assign this lease in any event, and shall not sublet the demised
premises except to a desirable tenant and for a similar purpose.
b. This 1 may, at the option of the Government, be renewed from year to year at a rental of
and otherwise upon the terms and conditions herein specified, provided notice be given in writing to
the lessor at least tmrty days before this lease or any renewal thereof would other-
wise expire: Provided that no renewal thereof shall extend the period of occupancy of the premises
beyond the thIrt '.1011 day of dui 19 1636
8. The lessor shall furnish to the Government, during the occupancy of said premises, under the
farms of this lease, as part of the rental consideration, the following:
7. The lessor shall not, during the term of this lease erect any structures on the premises nor
er without the written consent of th;a
�I3ET 8ft ��y/
8. The Government shall have the right, during the existence of this lease, to make alterations,
attach fixtures, and erect additions, structures or Signs, in or upon the premises hereby leased, which
fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and
remain the property of the Government and may be removed therefrom by the Government upon
the termination of this lease or within 90 days thereafter.
9. The Government shall pay the lessor, for the premises, rent at the following rate: Ao and My'M
4 Pa ent shall be made at the end of each UM t F3eeld Year* Jum 35V,.* ,s%1 roW,,;&I pK;-
t 'Mder tai8 l ao alhd . be vmft 10 nsmars xi'thOub gust anion at' wtv+iers or inwic"
10. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated company, if the lease be for the general benefit of
such corporation or company.
-1
` Foam ACA 419
' (a. e. Oovetnment B—dwd Fowl No. 2 z
semnautf.. Admidetratlop.).i
(8-bW July 3l, 1946)
(Sheet 2)
11. The Government shall also have the right and privilege to install and
maintain a platform for antennas on top of the Municipal Hangar located ad-
jacent to and immediately northwest of the herein leased premises, and the
Government shall have the right of ingress and agrees to such antennas at
all times,
12. The Goverment is granted the right and privilege to connect to city
mater and sewage systems, and ran underground lines from the nearest con-
venient connection for power, telephone, natural gas, water supply and
sewage across the adjoining lends of the Lessor to the facilities located
on the leased premises, all by the most convenient routes.
13. The last paragraph of Article 2 on Page 1 of this lease, beginning
with the words "Together with" and anding with "aircraft thereon" was do-
letedl the words "Department of Commerce, Civil Aeronautioe'Administration"
were deleted from Article 7 of this lease and the words "Federal Aviation
Agency" inserted in lien thereof, and this rider containing Article 13, as
well as articles 11 and 12 above, was added hereto and made a port hereof
prior to the ciganture of any of the parties to this lease.
-- g� - -
(If lessor is a corporation, the following certificate shall be executed by the secretary or assistant
secretary)
certify that I am the
_ Secretary of the corporation named as lessor in the attached lease;
that _, who signed said lease
on behalf of the lessor, was then of said
corporation; that said lease was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
— COORPORATEI
- - -' — —_ L SFAn
INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE
1. This form of lease shall be used by the Department of Commerce, Civil Aeronautics Admin-
istration, in the leasing of sites for air navigation purposes. After proper execution by the lessor,
the lease shall be submitted in quadruplicate to the Department of Commerce, Civil Aeronautics
Administration, for acceptance by its contracting officer.
2. The lease shall be dated and the full name and address of the lessor clearly shown in article
1. The premises shall be fully described in article 2 and the area shown. The location by refer-
ence to county and State, shall also be shown.
S. Whenever the lease is executed by the attorney, agent, or trustee on behalf of the lessor,
three authenticated copies of his power of attorney, or other evidence to act on behalf of the Iessor,
shall accompany the lease.
4. When the lessor is a partnership, the names of the partners composing the firm shall be stated
in the body of the lease. The lease shall be signed with the partnership name, followed by the naml
of the partner signing the same.
6. Where the lessor is a corporation, the lease shall be signed with the corporate name, followed
by the signature and title of the officer or other person signing the some on its behalf, duly attested.
The corporate certificate on page 3 of the lease shall be properly filled in and the corporate seal
affixed. If the corporation does not have a seal, that should be stated on the certificate.
6. Whenever the lease is executed by an administrator or executor on behalf of an estate,
authenticated copies of the appropriate court order or probate certificate, evidencing his appointment
as such by the court having jurisdiction over the administration of the estate, shall be attached.
Real estate ordinarily vests in the heirs or devisees of the deceased owner and the fact that an execu-
tor or administrator has been appointed does not necessarily authorize him to lease such property.
Therefore, in addition to furnishing evidence of the appointment of the executor or administrator
the authority of the executor or administrator to lease such property shall be shown by the furnish-
ing of (a) an authenticated copy of an order of the court having jurisdiction over the administra-
tion of the estate; or (b) a certified copy of an extract from the laws of the State where the prop-
erty is located, with citations of the statuteu extracted; or (c) an authenticated copy of the pro-
bated will, if any.
7. If in connection with the use of tha leased premises, the lessor is agreeable to furnishing as
part of the rental consideration certain facilities and /or services, other than personal services, or is'
agreeable to granting any additional rights and privileges not specifically indicated in the lease,
provision therefor shall be made under article 6.
8. If the premises are mortgaged the "Subordination of Mortgage Clause" shown on page 3
shall be filled in and signed by the mortgagee. If the premjsm are not mortgaged, the word "None"
shall be indicated in the space provided for the signature of-the mortgagee.
9. If in addition to the mortgagee, there is any other person having an interest In the premises,
his or her written approval for the use of the premises by the United States for the desired pur-
pose shall be indicated on the lease.
10. There shall he no deviation from this form of lease without prior authorization by the
Director of Procurement, except—
(a) The first paragraph, page 2, beginning "Together with," may be deleted If the prem-
ises are not to be used to land and operate aircraft.
(b) Article 3 may be drafted to cover a monthly tenancy or other period less than a year,
if desired.
(c) In article 6 if a renewal for a specified period other than a year, or for a period optional
with the Government is desired, the phrase "from year to year" may be deleted and proper sub-
stitution made. If the right of renewal is not desired or cannot be secured, article 6 may be
deleted.
(d) Additional provisions, relating to the particular subject matter that may be mutually
agreed upon, may be inserted, if not in conflict with the standard provisions.
11. When additional provisions, relating to the particular subject matter that may be mutually
agreed upon, are inserted or when necessary deletions or other alterations are made before the
signing of the lease by the lessor, notation shall he made in the blank space following article 11 to
the effect that they were made before the signing of the lease; if made after the signing of the lease,
they shall be properly initialed by the lessor.
12. If the property leased is located in a State requiring the recording of lease in order to pro-
tect the tengnt's rights, care should be taken to comply with all such'statutdry requirements.
or
4F F�
OA-
M S. Qovmomeut 8t A 41 )form No. 8
As modified for use b), the Olvll
Aeronavt4s AdminstmtionJ
(Revised Jdy 61, 1846)
1UT21MeU�i1t /1TE /G�?tn dtimcr
Airway
LEASE
between
C11TV uB wig; 4 Q Ra
and
TnE UNrm o sTATEs OF AmMcA
ROI Peceivsr
Station site
Gores Christi. Tsxea
1. This IXAM, made and entered into this day of
in the year one thousand nine hundred and fifty-alm
by and between CITY 0? C,00"S tgRy' ?'Tl
whose address is rgunftipal Jt.rlaorb, OIL" SMIN Field
Corptnt Christi, coca
for f$a heirs, executors, administrators, successors, and assigns, herein-
after called the lesor, and the UNn m STATES of AMMCA, hereinafter called tho Government:
WrrNEsmH: The Parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
2. The lessor hereby leases to the Government the following described premises, viz:
A trwt of lead located within the bounderiea of tie corpus 4hri;sti ?Iun$oipa3
&4rE ort ( 4"].$.Q",}si :_Ow AirMrt ), Ruftw County. Taxes end more particularly d0-
scribed es vonovmO Frcu t12e jnWruaoticm or tba oentar linev of the it
and 2 Piu-Y4vapm. gg �.aet 967 feet nth tha certor %1w of sai� �•4u ituany to
tho in'term)ticO with the c *r 1100 of taiwe" thou. S 33 We B 3al.7
fWt w th cseuWr lim of said :m'! theme ;� 0 52, b 23 fast to t1s
Point of X?eginnin&q thw;* s 6€, °.52' j-j 36j.q rests thanOa ..eat 160 feats
thenge youth -160 foots tF -*=O � VO rests taus north "#4 rafts ti�ca
U 66 52' is 367.3 fasts thence ii 33 ow t? 3o*q t!eot to tie point of C&'_ «
tiing and MtOninS i1.83 ammo, wro or leas, on CIUT f"aus 8ir°ort), Corpus
Cam. ate, Texas, all bearirge era troo
And a right -of -way for ingress and egress to and from the premises; a right -of -way or rights -
of-way for establishing and maintaining a pole line or pole- lines for extending electric power, tele-
phone, and telephone typewriter facilities to the premises; and rights -of -way for subsurface power,
communication and water lines to the premises; all rights -of -way to be over the said lands and
adjoining lands of the lessor and, unless hereinbefore described by metes and bounds, to be by the
most convenient routes;
And the right to establish and maintain beacon lights and'other lighting equipment, radio, and
other facilities for communication and signaling purposes, and other facilities and equipment for the
guidance and operation of aircraft;
And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the
premises, and the removal of all obstructions from the premises which may constitute a hindrance or
hazard to the operation of aircraft or to the establishment and maintenance of air navigation
facilities;
a. To HAvs AND To HOLD the said premises with their appurtenances for the term beginning
and ending with luno'39, 19EK) -•
4. The Government shall not assign this lease in any event, and shall not sublet the demised
premises except to a desirable tenant and for a similar purpose.
fi. This lease may, at the option of the Government, be renewed from year to year at a rental of
Etna d.cso /1%J hers (+t Q3) r onn�
and• of erwese upon the terms anJ toad tions here specified, provided notice be given in writing to
the lessor at least thirty days before this lease or any renewal thereof would other-
wise expire: Provided that•no renewal thereof shall extend the period of occupancy of the premises
beyond the th4r4eth (30) day of Duna . 1963.
0. The lessor shall furnish to the Government, during the occupancy of said premises, under the
terms of this lease, as part of the rental consideration, the following:
IKITURGO
7. The lessor shall not, during the term of this lasso erect any structures on the premises, nor
use nor allow the use of the said premises in any manner without the written consent of the~
rIW1fl ~ #i ll# # "1 ' odera3 fe'lc't2on "'Zoncy.
S. The Government shall have the right, during the existence of this lease, to make alterations,
attach fixtures, and erect additions, structures or signs, in or upon the premises hereby leased, which
fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and
remain the property of the Government and may be removed therefrom by the Government upon
the termination of this lease or within 90 days thereafter.
r I
9. The Government shall pay the lessor, for the premises, rent at the following rate; We end
no /100 ?dollars %1.39) per am m.
Payment sshhall be made at three end of each �,ebvu �•t Fiscal Your. .Jun a 30* All rtnLal pagamu
� r10 710 l r o� or lleieg &te to''Mg i{�N. M. 6ommessafoner sgafea�mmtP.5 el a'�q c� ` {
share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained
&hall be construed to extend to any incorporated company, if the lease be for the general benefit of
such corporation or company.
• (O. e. t AB rase by i the Olve Fmw No. 2
fac vac
by m
J-17 $ isuatlon.).
8ev�ttl Jn19 gi, 1908)
(BLeet 2)
11. Tile last PMMPh of Article 2 OA VAM 1 of thi0 lenses Leginning with
"Together wittO Sid ending with "aircraft thereon!" wus deletedl the worft
"U$P0rtzMnt Or Cmr-WOO, (4711 i4rwaatl.cn IlWo treticn►" vmra deleted
frog 4vtlole ?-of this 10000 and t10 cmrds "Federal tivfRion A ey"
iWOVbed In lieu thereof end Curb ®lo 11 cis iraortad prior to signature of
my of the c arties to tH?e i0cse,
e IN WITNESS WHMOF, the parties hereto have hereunto subscribed their names as of the date
first above written.
As the holder of a mortgage dated
against the above- described promises, the
undersigned hereby consents to the foregoing
lease and agrees that if, while the lease is in
force the mortgage is foreclosed, the foreclosure
shall not void the lease.
Nolte
Mortgagee.
CIV W C,')Rr b %WjVT3#
Lysx
Leaso9�
Titlet�
TuR UNITED STATES OF AMSUCA,
BY
(If lessor is a corporation, the following certificate shall be executed by the secretary or asslstmt
secretary)
certify that I am the
Secretary of the corporation named as lessor in the attaehed lease;
that
who signed said lease
on behalf of the lessor, was then , _ of said
corporation; that said lease was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
C T'FCOaroanTEI
.o— Hamm -s
-- - - L SEAL.
INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE
1. This form of lease shall be used by the Department of Commerce, Civil Aeronautics Admin-
istration, in the leasing of sites for air navigation purposes. After proper execution by the lessor,
the lease shall he submitted in quadruplicate to the Department of Commerce, Civil Aeronautics
Administration, for acceptance by its contracting officer.
2. The lease shall be dated and the full name and address of the lessor clearly shown in article
1. The premises shall be fully described in article 2 and the area shown. The location by refer-
ence to county and State, shall also be shown.
3. Whenever the lease is executed by the attorney, agent, or trustee on behalf of the lessor,
three authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor,
shall accompany the lease.
4. When the lessor is a partnership, the names of the partners composing the firm shall be stated
In the body of the lease. The lease shall be signed with the partnership name, followed by the naml
of the partner signing the same.
6. Where the lessor is a corporation, the lease shall be signed with the corporate name, followed
by the signature and title of the officer or other person signing the same on its behalf, duly attested.
The corporate certificate on page 3 of the lease shall be properly filled in and the corporate seal
affixed. If the corporation does not have a seal, that should be stated on the certificate.
6. Whenever the lease is executed by an administrator or executor on behalf of an estate,
authenticated copies of the appropriate court order or probate certificate, evidencing his appointment
as such by the court having jurisdiction over the administration of the estate, shall be attached.
Real estate ordinarily vests in the heirs or devisees of the deceased owner and the fact that an execu-
tor or administrator has been appointed does not necessarily authorize him to lease such property.
Therefore, in addition to furnishing evidence of the appointment of the executor or administrator
the authority of the executor or administrator to lease such property shall be shown by the furnish-
ing of (a) an authenticated copy of an order of the court having jurisdiction over the administra-
tion of the estate; or (b) a certified copy of an extract from the laws of the State where the prop-
erty is located, with citations of the statutes extracted; or (c) an authenticated copy of the pro-
bated will, if any.
7. If in connection with the use of tha leased premises, the lessor is agreeable to furnishing as
part of the rental consideration certain facilities and /or services, other than personal services, or is
agreeable to granting any additional rights and privileges not specifically indicated in the lease,
provision therefor shall be made under article 6.
8. If the premises are mortgaged the "Subordination of Mortgage Clause" shown on page 8
shall be filled in and signed by the mortgagee. If the premises are not mortgaged, the word "None"
shall be indicated in the space provided for the signature of the mortgagee.
9. If in addition to the mortgagee, there is any other person having an interest in the premises,
his or her written approval for the use of the premises by the United States for the desired pur-
pose shall be indicated on the lease.
10. There shall -be no deviation from this form of lease without prior authorization by the
Director of Procurement, except —
(a) The first paragraph, page 2, beginning "Together with," may be deleted if the prem-
ises are not to be used to land and operate aircraft.
(b) Article 3 may be drafted to cover a monthly tenancy or other period less than a year,
if desired.
(e) In, article 6 if a renewal for a specified period other than a year, or for a period optional
r with the Government is desired, the phrase "from year to year" may be deleted and proper sub-
stitution made. If the right of renewal is not desired or cannot be secured, article 6 may be
deleted.
(d) Additional provisions, relating to the particular subject matter that may be mutually
agreed upon, may be inserted, if not in conflict with the standard provisions.
11. When additional provisions, relating to the particular subject matter that may be mutually
agreed upon, are inserted or when necessary deletions or other alterations are made before the
signing of the lease by the lessor, notation shall be made in the blank space following article 11 to
the effect that they were made before the signing of the lease; if made after the signing of the lease,
they shall be properly initialed by the lessor.
12. If the property leased is located in a State requiring the recording of lease in order to pro-
teat.tktenant's rights, care should be taken to comply with all such - statutory requirements.
" - w � a a. m.meeur re�mnxo omee ,a —aesm�
SECTION 2. The necessity of securing the assistance of the
Federal Aviation Agency to operate the control tower and aircraft traffic
facilities at Cliff Maus Field, and to provide facilities for such operation
creates a public emergency and an imperative public necessity requiring 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
resolution shall be read at three several meetings of the City Council, and
the Mayor, having declared that such emergency and necessity exist, and
having requested the suspension 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 after its passage, IT IS ACCORDINGLY so PASSED
AND APPROVED, This the day of May, 1959.
MAYOR
THE CITY a ORPUS C4LSTI, TESAS
ATTEST: p
City Secret
APPROVED AS TO LEGAL FORM
THIS TH DAY MAY, 1959:
City Afterdey
v
D
CORPUS CHRISTI, TEXAS
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
SMALL 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,
MAYOR
THE CITY OF C PU CHRIST TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE%
ELLROY KING
JAMES L. BARNARD
j
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
v
R. A. HUMBLE
GABE L. LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED
t
BY THE FOLLOWING VOTE-.
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
t