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HomeMy WebLinkAbout05417 ORD - 07/08/1959BWS:JKH:7 -8 -59 1 0 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO AMEND A LEASE AGREEMENT WITH CABRAN:I.SS AERO PARTS, INC., WHICH LEASE WAS HERETOFORE AUTHORIZ D BY ORDINANCE NO. 5037; SAID AMENDMENT WILL DELETE BUILDING 603 FROM THE SAID LEASE; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A NEW LEASE WITH LEW BORDEN WHEREBY BUILDING 60 IS LEASED TO LEW BORDEN FORA PERIOD OF ONE YEARN A MONTHLY RENTAL RATE OF 100.00 PER MONTH, 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 15 HEREBY AUTHORIZED AND DIRECTED TO AMEND THE EXISTING LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND CABANISS AERO PARTS, INC., WHICH LEASE WAS AUTHORIZED BY ORDINANCE N0. 5037 AND LEASED BUILDING NO. 603, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, FOR A MONTHLY RENTAL OF $v75.00 PER MONTH. SAID AMENDMENT WILL DELETE BUILDING 603 FROM THE AFORESAID LEASE AND WILL RELEASE THE LESSEE, CABANISS HERO PARTS, INC., FROM'ANY FURTHER MONTHLY RENTAL PAY- MENTS ON SAID BUILDING EXCEPT ANY THAT MAY NOW BE DUE AND OWING,OTHERWISE THE EXISTING LEASE WILL BE THE SAME, SAID LESSEE HAVING PREVIOUSLY REQUESTED SAID AMENDMENT AND DELETION OF BUILDING 603 FROM THEIR LEASE. SECTION 2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH LEW BORDEN, WHEREBY THE CITY LEASES TO LEW BORDEN BUILDING 603, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, FOR A p MONTHLY RENTAL OF $100.00 PER MONTH, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THAT THE NECESSITY OF DERIVING REVENUE FROM CUDDIHY FIELD FOR THE UPKEEP OF THE SAID FIELD AND THE IMMEDIATE NEED TO AMEND THE EXISTING LEASE AND TO ENTER INTO A NEW LEASE AGREEMENT CREATES A 5417 PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM xaAND AFTER I S PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE V DAY of f 1959. ATTEST- MAYOR qqq THE CITY OF US CHRIST , TEXAS CITY SECRETAj/ APPR ED AS TO A OW THIS THE DAY OF 1959: 4 CITY A OR `Y z-/ STATE OF TEXAS j COUNTY OF NUECES THIS AGREEMENT MADE AND ENTERED INTO THIS THE DAY OF 195-_, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS-, A MUNICIPAL t CORPORATION# HEREINAFTER CALLED °SUB - LESSOR" AND' j/3y $Dry LESSEE, OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "SUS- LEssec% MIITNESSETHs THE CITY OF CORPUS CHRISTI, TEXAS, DOES BY THESE PRESENTS# SUB -LEASE AND DEMISE UNTO THE SAID SUBLESSEE, THE FOLLOWING DESCRIBED PREMISES, TO -WITS nuud4ag 609 FOR THE TERM OF ems yeses SAID SUB -LEASE BEGINNING THE},146-DAY OF S,4yj,. J, 195JL__,, AND ENDING THE ages, bAY OF b Og , THE SUS - LESSEE IS TO PAY THEREFOR THE SUM OF 212 TFleltl�ttd'iWo t Re /1 �lA_00 +� 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 SUB - LEASE, AND A LIKE INSTALLMENT ON THE SAME DAY OF EACH SUCCEEDING MONTH THEREAFTER DURING THE TERM OF SAID SUS - LEASE, SUBJECT TO THE FOLLOWING CONDITIONS AND COVENANTS! i. 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 FOLLOWIMS PURPOSES ONLY, TO -WIT: A ca>rpouter shop with related sceivatles. 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 SUB - LESSOR HEREUNDER IN WRITING, 3e IF THE SUB - LESSEE SELLS GASOLINE AT PREMISES LEASED HEREUNDER I IN CONNECTION WITH USE OF SAME, THEN IN SUCH EVENT SUB- LESSEE AGREES TO PAY THE SUM OF THREE CENTS (x.03) PER GALLON FOR GASOLINE SOLD DURING EACH CALENDAR MONTH ON THE PREMISES, SAME TO BE PAYABLE ON THE BOTH DAY OF EACH CALENDAR i 1 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. 4. SUB - LESSEE AGREES NOT TO ENTER INTO A SUBORDINATE SUB -LEASE OF THE i 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 I OF THE PREMISES HEREIN LEASED IS SUB - LEASED BY THE SUB - LESSEE' THEN AND IN SUCH j EVENT, THE SUB- LESSEE HEREIN AGREES TO PAY THE SUB - LESSOR HEREIN THE SUM OF 10% I OF THE GROSS AMOUNT RECEIVED FROM SUCH SUBORDINATE SUB - LEASE, SAID AMOUNT TO BE IN ADDITION TO THE RENTALS HEREINABOVE SET OUT. b• NO ADDITIONS OR ALTERATIONS SHALL BE MADE TO THE PREMISES WITHOUT THE CONSENT OF THE SUB - LESSOR IN WRITINGf AND IT IS EXPRESSLY AGREED THAT ALL PERMANENT ADDITIONS OR ALTERATIONS MADE BY THE SUB - LESSEE SHALL BECOME THE PROPERTY I OF THE SUB - LESSOR. 1 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 i 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 SANE ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE ELEMENTS ONLY ; EXCEPTED. S• THE SUB- LEssEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES +I I LEASED BY THEM. 9. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE RIGHT OF INGRESS AND EGRESS IS RESERVED BY THE SUB - LESSOR THE CITY HEREIN, FOR THE USE OF ITS EMPLOYEES AND THE — 2 — GENERAL PUBLIC, TO ALLOW THEM TO ENTER HANGER N0. 651 FOR THE PURPOSE OF VISITING 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 DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE 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 NOT EXHORBITANT, AND COMPARABLE WITH PRICES CHARGED FOR THE SAME ARTICLES AT SIMILAR PLACES IN THE CITY OF CORPUS CHRISTI. 12. THE SUB - LESSEE AGREES TO TAKE GOOD CARE OF ALL MOVABLE EQUIPMENT, FIXTURES, AND PROPERTY OF ANY NATURE, FURNISHED BY THE SUB - LESSOR, AND WILL KEEP SAME IN GOOD REPAIR AT THEIR OWN EXPENSE, AND AT THE EXPIRATYON OF THE TERM OF THIS LEASE FOR ANY CAUSE, SHALL DELIVER TO THE SUB - LESSOR ALL OF SUCH MOVABLE EQUIPMENT, FIXTURES.-AND ALL PROPERTY OF ANY NATURE, IN GOOD ORDER AND CONDITION, AS SAME IS NOW IN, REASONABLE WEAR AND TEAR ONLY EXCEPTED. THE SUB - LESSEE FURTHER AGREES TO BE RESPONSIBLE FOR ANY OF SUCH MOVABLE EQUIPMENT, FIXTURES AND PROPERTY, AND IN EVENT SAME -OR A PART THEREOF IS LOST, STOLEN OR DESTROYED,, SUB - LESSEE IS TO REPLACE SAID PROPERTY, IN ITS SAME•STATE AND CONDITION, AS SAME WAS IN WHEN TURNED OVER TO SUB - LESSEE. AN INVENTORY OF ALL PERSONAL PROPERTIES AND EQUIPMENT FURNISHED BY THE SUB - LESSOR TO SUB - LESSEE IS TO BE SIGNED BY SUB - LESSEE AND THE AIRPORT MANAGER FOR THE SUS - LESSOR' CITY OF CORPUS CHRISTI, (HEREIN- AFTER REFERRED TO AS AIRPORT MANAGER), SAME TO SET OUT A DESCRIPTION OF THE PROPERTY AND EQUIPMENT AND THE CONDITION OF SUCH, IT BEING UNDERSTOOD A COPY OF SAME IS TO BE PLACED ON FILE IN THE AIRPORT MANAGERS OFFICE AND WILL BECOME A PART OF THIS LEASE AGREEMENT FOR ALL PERTINENT PURPOSES. SUB - LESSEE AGREES THAT IN THE EVENT THAT DEATH OR INJURY OCCURS TO ANY PERSON OR LOSS, DESTRUCTION OR DAMAGE OCCURS TO ANY PROPERTY IN CONNECTION WITH THE MAINTENANCE, OPERATIONS OR REPAIR OF THE LEASED PREMISES AND THE FACILITIES COVERED HEREUNDER, OCCASIONED 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 SUS- LESSOR SHALL NOT BE RESPONSIBLE FOR DAMAGES TO PROPERTY OR INJURY TO PERSONS WHICH MAY ARISE INCIDENT TO THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREIN -3- GRANTED. 13e SUB— LESSEE AGREES NOT TO USE SAID PREMISES FOR ANY ILLEGAL OR IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS OF THE STATE, THE UNITED STATES, CITY ORDINANCES, AND ALL RULES SET OUT BY THE CITY MANAGER OF THE SUB — 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 SAME WAS LOCATED IN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH, SANITARY, FIRE AND POLICE DEPARTMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES AND/OR HAZARDS IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT ITS OWN EXPENSE. SUB - LESSEE FURTHER AGREES THAT HE AND ALL HIS EMPLOYEES SHALL ASIDE BY ALL RULES AND REGULATIONS AS SET OUT BY THE AIRPORT MANAGER AND THE SUB - LESSOR CITY OF CORPUS CHRISTI, AND ALL ORDINANCES AFFECTING THE PROPERTY LEASED OR THE AIRPORT, AND THE SAID EMPLOYEES SHALL REMAIN ON THE PREMISES OF THE SUB — LESSEE AT ALL TIMES, UNLESS THEIR OFFICIAL DUTIES REQUIRE OTHERWISE, AND THAT THEY WILL USE ONLY THE TOILETS AND WASHROOMS DESIGNATED VOR T.ME SUB — LESSEE AND HIS EMPLOYEES. 14. THE SUS — LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES IN THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE SUCH WOULD BE A FIRE HAZARD AND WILL AT ALL TIMES DISPLAY "No SMOKING" SIGNS WHERE DESIGNATED BY THE AIRPORT MANAGER OR FIRE DEPARTMENT OF THE CITY OF CORPUS CHRISTI; SUS- LESSEE FURTHER AGREES TO PAINT, DOPE, STORE INFLAMMABLE MATERIALS, WELD, OR CARRY ON ANY ACTIVITY THAT MIGHT BE A FIRE HAZARD, ONLY IN THOSE PLACES DESIGNATED BY THE FIRE MARSHALL OF THE CITY OF CORPUS CHRISTI. 15. THE SUB- LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID 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. 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 -4- LEASE LIABILITY INSURANCE POLICIES IN THE SUM OF8 ONE HUNDRED THOUSAND ($100,000.00) DOLLARS AND PROPERTY DAMAGE IN THE SUM OF8 FIFTY THOUSAND ($50,ODD.00) DOLLARS TO INDEMNIFY AND SAVE HARMLESS THE CITY OF CORPUS-CHRISTI (SUB- LESSOR HEREUNDER) AND THE UNITED STATES GOVERNMENT ORIGINAL LESSOR) AGAINST ANY EXPENSE, CLAIMS OR DEMANDS FOR THE DEATH OR INJURY OF ANY PERSON OR LOSS, DESTRUCTION OR DAMAGE TO GOVERNMENT PROPERTY OCCASIONED BY THE OPERATION OF THE LEASED PROPERTY FOR THE USE AND OCCUPANCY OF SAME, WHICH POLICIES SHALL NOT CONTAIN A SUBORDINATION CLAUSE WHICH COULD IN ANY WAY ENCUMBER THE SAID CITY OF CORPUS CHRISTI OR THE UNITED STATES OF AMERICA. THE SUB - LESSEE SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE GOVERNMENT AND THE CITY OF CORPUS CHRISTI, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OF AND FROM ANY AND ALL LIABILITY INCURRED AS A RESULT OF ANY BREACH BY THE SUB - LESSEE OR THE SUS - 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$$ OCCUPANCE OR USE OF PRT,,HE FACILITIES AND WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OR LACK OF DILIGENCE Or '%c SUB- LESSEE, ITS AGENTS, OFFICERS, SERVANTS OR EMPLOYEES. 17. HOWEVER, IT IS EXPRESSLY - UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THIS SUB -LEASE IS SUBJECT TO THE LEASE BETWEEN THE UNITED-STATES OF AMERICA, RE- PRESENTED BY THE CHIEF OF THE BUREAU OF YARDS AND DOCKS, ACTING UNDER DIRECTION OF THE SECRETARY OF THE NAVY, AND THE CITY OF CORPUS CHRISTI, PERMITTING THE USE OF UNITED STATES NAVAL AUXILIARY AIR STATION, CUDDINY FIELD, CORPUS CHRISTI, TEXAS, OR A PORTION THEREOF AND THIS SUB -LEASE IS CONTINGENT ON SUCH LEASE FROM THE GOVERNMENT AND THE TERMS THEREOF, AND ALL RIGHTS OF THE SUB - LESSEE HEREIN ARE SUBJECT TO THE TERMS OF SAID LEASE FROM THE UNITED STATES GOVERNMENT, AND IT IS FURTHER AGREED THAT THE SUB- LESSOR IS NOT TO BE LIABLE IN ANY MANNER, FOR DAMAGES OF ANY NATURE, FOR ANY TERMINATION OF THIS LEASE OR ANY CHANGES OF THE RIGHTS OF THIS SUB- LESSEE BY VIRTUE OF ANY ACTION TAKEN BY THE UNITED STATES OF AMERICA OR THEIR AGENTS UNDER AFORESAID LEASE. AND IN THE EVENT FOR ANY REASON SAID LEASE BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI IS TERMINATED IN ANY MANNER OR IN THE EVENT SAID LEASED PREMISES ARE TURNED BACK OVER TO THE UNITED STATES OF AMERICA BY THE CITY -5- • 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 BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDIES FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE SUS- LESSOR CITY OF CORPUS CHRISTI, ITS AGENTS, OR ATTORNEY, MAY RESUME POSSESSION OF THE PREMISES AND RE- SUBLET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENT THEY MAY OBTAIN, FOR ACCOUNT OF THE SUS - LESSEE, WHO SHALL MARE 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 COM- PLIANCE 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. WITNESSETH THE HANDS OF THE PARTIES HERETO THIS THE DAY OF 195 r CITY OF.:CORPUS CHRISTI, TEXAS CITY MANAGER -6- ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM; CITY ATTORNEY - SUB -LE &SEE STATE OF TEXAS COUNTY OF- NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED g 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. 195 _ GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY* ON THIS DAY PERSONALLY APPEARED . OF THE CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE CITY ISASUBSCRIBED TOTTHEFFOREPUS GOING INSTRUMENT AND ACKNOWLEDGED TO HE 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 oAY OF 195ves NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: CORPUS CHRISTI, TEXAS , ,9� y 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 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 COUNCILS 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 CORPU HRISTI, E S THE CHARTER RULE WAS SUSPENDED 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. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE; ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. i