HomeMy WebLinkAbout05483 ORD - 09/09/1959IMS :JKH:9 -3 -59
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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.