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HomeMy WebLinkAbout05483 ORD - 09/09/1959IMS :JKH:9 -3 -59 el AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF pF THE CITY OF CORPUS CHRISTI TO EXECUTE LEASE AGREEMENTS WITH THE FOLLOWING COVERING LEASES AT CUDD HY FIELD, NU CES COUNTY, E S: OG L. AULT, DBA GAULT A AT ON, FOR ALL OF HANGAR 651; G L CAST AVIA ION, INC., FOR THE WEST HALF OF HANGAR ND THE SOU HWLST QUARTER OF HANGAR 653; CLAUDE W. GLASSON, DBA GLASSON FLYING SERVICE, FOR THE SOUTHEAST QUA TE OF • N, DDA IRWIN DUSTING COMPANY, FOR THE NORTHEASIT QU• TE DF H NGA JOHN S. LUBY PRESIDENT, FOR THE EASTLHALFAVNDTTHOE INC. NO HadES QUA TE 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 IS HEREBY AUTHORIZED AND DIRECTED 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. GAULT, DBA GAULT 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, DBA GLASSON FLYING SERVICE, FOR THE SOUTHEAST QUARTER OF HANGAR 652; J. T. IRWIN, DBA 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 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. SECTION 2. THAT THE NECESSITY OF DERIVING REVENUE FROM CUDDIHY FIELD FOR THE UPKEEP OF SAID FIELD 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 IT IS INTRODUCED AND THAT SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND PUBLIC NECESSITY TO EXIST, REQUESTING THE SAID CHARTER RULE BE SUSPENDED 5483 0 September 1, 1959, Nine Thousand Sias Aircraft ad at Cuddihy Field in Nueces NANE OF PROPERTY Three (0,3) cants County, Texas, together with con- Six Hundred Dollars to be paid in month- SUB - LESSEE SUBLEASED crate aprons adjacent and adjoin- ing thereto. with concrete aprons adjacent lY 0.00. lmeate of $400.00. and similar aviation Roger L. Gualt, DBA All of Hangar 651, located ac TERN OF SUB -LEASE RENTAL FEE PURPOSE FUEL OVERRIDE GUALT AVIATION. Cuddiby Field in Nueces County, SeptambhY, 1959, Fourteen Thousand Aircraft Storage Texas, together with concrete August 31, 1961. Four Hundred Dollars Sales, maintenance, Three (0.3) cents East half and Northwest quarter of Hangar 653, located aprons adjacent and adjoining thereto. Nine Thousand Six ($14,40U.UU) to be paid in monthly install- operations schools. ' per gallon for gase- line Sold during at Cuddihy Field in Nuecae County, Texas, through August 31, 1961. ments of $600.00, Aircraft storage, g ' Sales, maintenance each calendar month. Gulf Coast Aviation Inc. tlest half of Hangar 652 and South- west quarter of Hangar 653, locat- September 1, 1959, Nine Thousand Sias Aircraft ad at Cuddihy Field in Nueces through August 31, 1961, storage, Hundred Dollars ($9,600.)Sales, maintenance Three (0,3) cants County, Texas, together with con- Six Hundred Dollars to be paid in month- + operations, schools, per gallon for gaso- line crate aprons adjacent and adjoin- ing thereto. with concrete aprons adjacent lY 0.00. lmeate of $400.00. and similar aviation sold during each calendar month. gallon for gasoline activities C�duda td. Gleason, DBA Southeast quarter of Hangar September 1, 1959, Thr h ' Gleason Flyinr% Service 652, located at Cuddihy Field in Nueces County, Texas, to- through gather with concrete aprons August 31, 1961. adjacent and adjoining thereto. ee T ousand Six Hundred Dollars ($3,600.00) to be paid in monthly installments Of $150.00. Aircraft storage, Sales, maintenance, operations, schools, and similar aviation activities. Three (0.3) cents per gallon for gasoline sold during each calendar month. J- r- irw3Ln, DBA Irwin Dusting Company Northeast quarter of Hangar 652, located at September 1, 1959, Three Thousand Cuddihy Field, in Nueces Count Y, Texas, together through August 31, 1961. Six Hundred Dollars Aircraft- storage, g + Sales, maintenance Three (0.3) cents per with concrete aprons adjacent ($3,600.00) to be paid operations, schools, gallon for gasoline and adjoining thereto. in monthly installments and similar aviation sold during each calendar of $150.00, activities. month. Luby Aviation, Inc., John S. Luby, President East half and Northwest quarter of Hangar 653, located September 1, 1959 ' Nine Thousand Six at Cuddihy Field in Nuecae County, Texas, through August 31, 1961. Hundred Dollars Aircraft storage, g ' Sales, maintenance Three (0.3) cents per together with concrete aprons ($9,600.00) to be paid operations, Schools, gallon for gasoline adjacent and adjoining thereto. in monthly installments and similar aviation sold during each calendar of $400.00. activities. month. • STATE OF TEXAS COUNTY OF NUECES j THIS AGREEMENT MADE AND ENTERED INTO THIS THE _ DAY OF 195 . BY AND BETWEEN THE CITY OF CORPUS CHRISTI TEXASs A MUNICIPAL CORPORATION• HEREINAFTER CALLED "Sue— LESSOR" AND LESSEE OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "SUB — LESSEE ". WITNESSETH_ THE CITY OF CORPUS CHRISTI TEXAS DOES BY THESE PRESENTS SUB -LEASE AND DEMISE UNTO THE SAID SUB - LESSEE, THE FOLLOWING DESCRIBED PREMISES TO -WIT: FOR THE TERM OF SAID SUB —LEASE BEGINNING THE _DAY OF _ 195—___, AND ENDING THE DAY OF 195 J i THE SUB - LESSEE IS TO PAY THEREFOR THE SUN OF ($ l .� FOR THE TERM OF THIS SUB - LEASES SAME TO BE PAID IN MONTHLY INSTALLMENTS OF SAID MONTHLY INSTALLMENTS TO BE PAID EACH MONTH IN ADVANCES 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 AFORESAIDs 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 —WITS 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. 3• IF THE SUS - LESSEE SELLS GASOLINE AT PREMISES LEASED HEREUNDER IN CONNECTION WITH USE OF SAME, THEN IN SUCH EVENT SUB- LESSEE AGREES TO PAY THE SUB - LESSOR THE SUM OF TWO CENTS ($.02) PER GALLON FOR THE FIRST FIVE THOUSAND 5,000) GALLONS OF GASOLINE SOLD IN ANY ONE CALENDAR MONTH ON THE PREMISES LEASED HEREUNDER; AND ONE CENT (Ml) PER GALLON FOR EACH GALLON OVER FIVE THOUSAND (5,000) GALLONS SOLD DURING ANY ONE CALENDAR MONTH ON THE PREMISES, SAME TO BE PAYABLE ON THE 10TH DAY OF EACH CALENDAR MONTH FOLLOWING THE SALE, DURING THE TERM OF THIS SUB - LEASES IT BEING UNDERSTOOD THAT THIS RENTAL BASED ON THE SALE OF GASOLINE IS TO BE IN ADDITION TO THE RENTAL CHARGE HERETOFORE MENTIONED IN THIS AGREEMENT. 4. SUS - 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 CONTRACTORS 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 - LESSEES THEN AND IN SUCH EVENTS THE SUB- LESSEE HEREIN AGREES TO PAY THE SUB - LESSOR HEREIN THE SUM OF 10% OF THE GROSS AMOUNT RECEIVED FROM SUCH SUBORDINATE SUB - LESSEE FOR THE SUBORDINATE SUB - LEASES 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 WASTES 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 INS NATURAL WEAR AND TEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. H. 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 -9- 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 EXHORSITANT, 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 EXPIRATfON OF THE TERM OF THIS LEASE FOR ANY CAUSE, SHALL DELIVER TO THE SUB - LESSOR ALL OF SUCH MOVABLE EQUIPMENT, FIXTURES.AND ALL PROPERTY OF ANY NATURE, IN GOOD ORDER AND CONDITION, AS SAME IS NOW IN, REASONABLE WEAR AND TEAR ONLY EXCEPTED. THE SUB- LESSEE FURTHER AGREES TO BE RESPONSIBLE FOR ANY OF SUCH MOVABLE EQUIPMENT, FIXTURES AND PROPERTY, AND IN EVENT SAME OR A PART THEREOF IS LOST, STOLEN OR DESTROYED, SUB- LESSEE IS TO REPLACE SAID PROPERTY, IN ITS SAME STATE AND CONDITION, AS SAME WAS IN WHEN TURNED OVER TO SUB - LESSEE. AN INVENTORY OF ALL PERSONAL PROPERTIES AND EQUIPMENT FURNISHED BY THE SUB - LESSOR TO SUB - LESSEE IS TO BE SIGNED BY SUB - LESSEE AND THE AIRPORT MANAGER FOR THE SUB- LESSOR, CITY OF CORPUS CHRISTI, (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 SUB- LESSOR SHALL NOT BE RESPONSIBLE FOR DAMAGES TO PROPERTY OR INJURY TO PERSONS WHICH MAY ARISE INCIDENT TO THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREIN -3- GRANTED. 13- SUB- 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 EORITNE 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 CORPUS CHRISTI; SUB - 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 -M- LEASE LIABILITY INSURANCE POLICIES IN THE SUM OF8 ONE HUNDRED THOUSAND ($100,000.00) DOLLARS AND PROPERTY DAMAGE IN THE SUM OFS FIFTY THOUSAND ($50,00D.00) DOLLARS TO INDEMNIFY AND SAVE HARMLESS THE CITY OF CORPUS-CHRISTI (SUS- 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 CHRISTIy THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OF AND FROM ANY AND ALL LIABILITY INCURRED AS A RESULT OF ANY BREACH BY THE SUS- 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- LESSEEtS OCCUPANCE OR USE OF THEE FACILITIES AND WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OR LACK OF DILIGENCE OF 1HE 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, CUDDIHY FIELD, CORPUS CHRISTI, TEXAS, OR A PORTION THEREOF AND THIS SUB -LEASE IS CONTINGENT ON SUCH LEASE PROM 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 CHRISTIS 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 SUB- 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 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 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 M CORPUS CHRISTI, TEXAS CITY MANAGER -6- ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY - SUB- LESBEE STATE OF TEXAS COUNTY OF - NUEF,E,S 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. 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 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. 'g5 GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF 195--. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS 0 CORPUS CHRISTIp T XAS DAY OFAa1959 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS 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 INTRODUCEDs 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 REQUIRE- MENT AND PASS TH14 ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED$ OR AT THE PRESENT MEETING OF THE CITY COUNCIL. /RESPECTFULLY8 MAYOR THE CITY OF CORP I CHRISTIJEXAS 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 LOZANO, SR, THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN#OTE, ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.