HomeMy WebLinkAbout05536 ORD - 10/21/1959Bt1S: J KH :9 -18 -59
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A
CONTRACT WITH THE HERTZ CORPORATION FOR THE LEASE
OF A ROOM, CONTAINING APPROXIMATELY 120 SQUARE
FEET, FOR A PERIOD OF ONE YEAR, COMMENCING FROM
NOVEMBER, 1, 1959, OR AS SOON THEREAFTER AS A
LEASE CAN BE EXECUTED, AND ENDINGOCTOBER 31, 1960,
AND THEREAFTER UNTIL SUCH TIME AS OPERATIONS ARE
MOVED FROM CLIFF MAUS AIRPORT TO THE NEW MUNICIPAL
AIRPORT, AT 7,1,512.00 PER YEAR AS RENTAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND HERTZ CORPO-
RATION, GRANTING TO THE SAID HERTZ CORPORATION THE USE PRIVILEGE OF A
CERTAIN ROOM IN THE CLIFF MAUS MUNICIPAL AIRPORT TERMINAL BUILDING
CONTAINING AN AREA OF APPROXIMATELY ONE HUNDRED TWENTY (120) SQUARE
FEET, FOR A PERIOD OF ONE YEAR, BEGINNING NOVEMBE;, 1, 1959, AND ENDING
0 TO ER 31, 1960, AND THEREAFTER UNTIL SUCH TIME AS OPERATIONS ARE MOVED
FROM CLIFF MAUS FIELD TO THE NEW MUNICIPAL AIRPORT, FOR THE CONSIDERATION
AND UPON THE TERMS AND CONDITIONS AS STATED IN THE AGREEMENT WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF.
5536
II 9 -14-59
THE STATE of TEXAS 1
courm OF NUECES E
KNOW ALL MIEN SY THESE PRESENTS:
THIS LEASE AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE
'CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL'CORPQRATION, HEREINAFTER CALLED
LESSOR, AND THE HERTY CORPORATION, ACTING HEREIN BY ITS OULY'AUTHORIYEO
OFFICERS, HEREINAFTER CALLED - LESSEE.
WlTNESSETH:
THAT LESSOR DT THESE PRESENTS DOER HEREBY LEASE AND OEMIDE UNTO
LESSEC THE FOLLOVINO DESCRIBED-PREMIISE6 -AT airs Maus IUJNICIPAL. AIRPORT,
CORPUS CHplsTi, Texas, 70 -Vr71
A CERTAIN ROOM IN -THE CLIFF MAUS MUNICIPAL AIRPORT
TERMINAL BUILDING CONTAINING AN ARCA OF APPROXIMATELY
1140 SQUARE FEEY FORMERLY USED BY ,THE TRARS•TESIAS AIRWAYS
AS A PILOT'S BRIEFING ROOM, THE BARTICULAR'R00M BEING
UNDERSTOOD AND WITHIN THE KNOWLEDGE OF BOTH PARTIES HERETO,
FOR THE FOLLOVING 751411 AND UPON THE FOLLOWING;CONDITION$ AND COVENANTS TO -WITI
FIRST: LESSEE SHALL AT ITS OWN EXPENSE, DECORATE AND MAINTAIN THE
LEASED AREA AND WILL AT THE END OF THE TERM DELIVER UP THE PREMISES !N THE
SAME CONDITION AS IT 18 NOW FOUND, NORMAL WEAR AND TEAR ANDLDAMAGE- BEYOND
THE CONTROL OF THE PARTIES HERETO EXCEPTED. ANY ALTERATION OR ADDITION
THE AREA LEASED MAY BE DONE ONLY AFTER PRIOR APPROVAL IN WRITING OF THE
AIRPORT :MANAGER. -
TO
SECOND: .LESSEE, MAY AT ITS OWN EXPENSE, MOVE fN'SUER EQUIPMENT
AND muses NECESSARY TO CONDUCT ITS BUSINESS FOR THE PURPOSES HEREINAFTER
STATED AND LESSEE MAY AT THE END OF THE TERM HEMOVE SUCH 5U1R18H14G8 AND
EQUIPMENT THAT NAVE NOT BECOME ATTACHED TO THE BUILDING IN SUCH A MANNER
AS TO BECOME A PART THEREOF. .
THIRDS THE TERM OF THI8 LEASE S3HALL SE 5014 A PERIOD OF ONE YEAR
COMMENCING NOVEMBERI, 1959 AND ENDING 00115501431, 1960, AND THEREAFTER UNTIL
SUCH TIME AS- OP£RATIONS,AR5 MOVED FROM CLIFF MAUS FIELD T0-THE NEW MIMIC/PAL
AIRPORT, AND A5 CONSIDERATION! THEREFOR, LESSEE AGREES TO PAY TO LESSOR THE ,
SUM OF 41,512!00, PAYABLE AT THE RATE OF 412640 EACH MONTH, THE FIRST
MONTHLY PAYMENT DEINO DUE AND PAYABLE NoTEMRE1L; 1, 1959 AND A LIEN
PAYMENT ON THE 1ST OF EACH -MONTH THEREAFTER TO THE END OF THE TERM. THE
AFORESTATED CONSIDERATION, PAYABLE MONTHLY, 10 TO BE PAID AT THE OFFICE
OF THE AIRPORT MANAGER.
FOURTH[ SHOULD LESSEE BE IN DEFAULT, AT ANY TIME, IN'THE
PAYMENT OF THE AFOREGTATED RENTALS, OR-SHOULD LESSEE DREECH ANY OF THE
TERMS OR CONDITIONS HEREIN CONTAINED, THEN LESSOR SHALL BE ENTITLED TO
DECLARE THIS LEASE CONTRACT CANCELLED AND TERMINATED IMMEDIATELY AND TO
RR +ENTER SAID PREMISES AND TO REMOVE ALL PERSONS THEREFROM WITHOUT PREJUDICE
TO ANY OTHER LEGAL REMEDIES WHICH MAY BE USED FOR THE COLLECTION OF RENT
AND ANY CLAIM FOR DAMAGES FOR AND BY REASON OF SAID RE-ENTRY BEING HEREBY
_EXPRESSLY WAIVED. LESSOR SHALL HAVE A FIRST LIEN UPON ANY AND'ALL OF
THE GOODS, FURNITURE, FURNISHINGS OREQUIPMENT OF ANY DESCRIPTION BELONGING
TO THE'LESSEE AND LOCATED IN THE AREA'HEREIN DEMISED FOR ALL RENTAL DUE
OR TO BECONE DUE. AND ANY AND. ALL EXEMPTION LAWS IN FORCE IN THIS STATE
ARE HEREBY EXPRESSLY WAIVED.
FIFTH: IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT LESSEE 15
TO USE THE HEREIN DEMISED PRENIGCS FOR AN'OFFICE FOR ITS RENT +A-CAR
BUSINESS AND LESSEE AGREES NOT TO ENGAGE IN ANY OTHER TYPE DF'BUSINEBS
OR INDUSTRY ON SAID LEASED PREMISES. '
SMITH: IN THE EVENT THAT LESSEE LOCATES ELECTRICAL EQUIPMENT
OR FURNIAHMIG$ AT THE HEREIN DEMISED PREMISES WHICH SHALL IISE ELECTRICAL
POWER AND ENERGY ABOVE THE NORMAL. ELECTRICAL USE FOR L1GMTING'PURP08ES,
THEN THE CITY OF CORPUS CHRISTI MAY CHARGE A REASONABLE 'ANDUNT IN ADDITION
TO THE AFORESTATEO'CONSIOERATION FOR SUCH ELEC'i'SICA1. POWER. THE AMOUNT
TO BE DETERMINED BY THE AIRPORT MANAGER TAILING INTO CONSIDERATION -THE TYPE
OF EQUIPMENT BEING USED AND THE - AMOUNT OF ELECTRICITY REQUIRED.
SIGNED AND EXECUTED AT CORPUS CHRIST{, TEXAS ON TRIO GAY
of ,Denim,$, 1959•
CITY .SECRETARY -
APPROVED AS TO-LEGAL FORM
THIS „�,. _DAY Of ' , 19591
tTfrATTORNEY
HERTZ CORPORATION
SY
CITY OF CORPUS CHRISTI, TEXAS
SY
CITY 14ARAGER
PASSED
BY THE
THAT THE FOREGOING ORDINANCE WAS AD FOR THE `IRS IME AND
TO ITS SECOND READING ON THIS THE DAY OF �� /�
FOLLOWING VOTES - 19 J 19../1,
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
THAT THE FOREGOING ORDINANCE W T�S !�•
PASSED TO ITS THIRD READING ON THIS THE l IDAY OF FOR D TIME , 19 d
BY THE FOLLOWING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
THAT THE FOREGOING�J0qgDINANCE W REA FOR THE THIRD TIME AND
PASSED FINALLY ON THIS THE /�/ DAY OF 19 J r, BY THE FOLLOWING
VOTE;
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
PASSED AND APPROVED, THIS THE ,2 [Dar OF
5<
,19Jf.
APPROVED AS TO LEGA . FORM
THIS DAY OF
CITY - TORNEY
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces. fsa:
.,
H11dy ®HS
'
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
Le1and...G,w_.ti a_ -__. -_ ................................ who being first duly sworn, according
. �lagd�i�d..�`��-Q��''�`g�8.- �1�a6px'...- of the Co wording to law, says that he is the
Daily Newspapers Corpus Christi Caller and The Corpus Christi Times,
published at Corpus Christi, Texas, in said County and State, and that the publication of
LEGAL - -AN ORDINANCE_ -I'nter into contract with Hertz Corp--for
.................... .
approx 120 °sq. ft. for•°a_.-..-.... of which the annexed is a true copy, ° year---- lease of room
PY. was published in " --
on the . day .-..-...' r�s@._ �. .�Qg ........................_..
21 da of...$eptelaber
1959.., and
AWARE .....2.._times thereafter Ric.___
ximamme.....mamsly_acRtembar_25, October 23,1959
3 .- ....._... -.- .Times.
$...... 6.97 .................
• ha(y - .- . ir Y`ied',kci'eriisriig' g�er•.
day of NpYQ.
. ?..........
Subscribed and sworn to before me this ..-... -
Louisa VIOk mbQr• . ......... ......... .. ... 1959
.e......F...,. NO. ...s,, _.Not ty
ary Public, Nueces County, ... .
, �'exas
AUTHORIZING THE"[ITY MAN.
AGER, FOR AND ON BEHALF
OF THE CITY OF CORPUS
CHRISTI, TO ENTER INTO A
.CORPORATION THE HERTZ LEASE
OF A ROOM. CONTAINING AP.
PROXIMATELY 120 &WARE
FEET, FOR A PERIOD-OF ONE
YEAR, COMMENCING FROM
SEPTEMBER 7, 1959, OR AS
5004 THEREAFTER AS A
LEASE CAN BE EXECUTED,
ANETHEFRST 9
AND THEREAFTER 37, TII ,
SUCH TIME AS OPERATIONS
ARE MOVED PROM CLIFF
MAUS AIRPORT TO THE NEW
0112.0 CPER YEAR OAS, RENTAL
SE IT COUNCIL ORDAINED THEY CITY CITY, OF'
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Man -
arecftedat hereby We authorized Ir d and e,
0' clf o nor acte99 andobel 00099 theme Cty,
of granting Christi and Me said Hertz
COrporOtien the U30 N 911090 of 0
certain room 19 the CII Maus Muni-an
011j0a0p1 Abort Terminal Bpplldln9 009- -
talnina an area of aanroximglely
One Hundred Tw01dy 11201 square
feet, for a aerlaa of One Year, be.
Ina August g September 1, 7959. and ate- -
until such time 1990, and thereafter re
moved from Cliff Maus Field are
camideration ands 0009 th0 terms -
and pacereement which is hereto and made
THE %TATE OP • TEXA5
COUNTY' KOW ALL MEN RY
THESE PRESENTS• and
entered
This byr�and between the
City of Corpus Christi, Texas. a
municipal dl terca1ed ess r. an he Hertz Ce-
Wel0ortlfcrin by ftr ahr001 061190 herein hereinafter
called called Lasses.
WITNESSETH:
That Lessor by •these p1900nle
Qaes hereby lease and d0mlee 01110
Lessee the following d000,100 pm
raises at Cliff Maus Municipal Al,
Fort, Corpus Christi, Texas, to -wit•.
A certain room In the Cliff
Maus ,�1�I9 ltion -I Airport Tema.
of lapproxximately 120 spume area
formerly 'used by the Trans-
Texas Mom, Me oortfcular ramm8-
Ing understood and within the -
kn9wiedge of both parties here-
to for the following term and
upon following conditions and
First:
pen�g Lessee shall at Its wn ex-
00000 decorated and 11 1010001
of the tams deliver -up the pre.
cakes In the same condition as n
is now found, normal and
tear and beyond me
Hot of the parties hereto excepted.
Any alteration or addltlon to the
area leased may be done only af-
ter prior approval In writing of the
of rt mge00r.
Second: an La000, muy 09 equipment
awn
and • fixtures move 00 000duuct urposes here-
Hs for Matter business stated and s Lesseemmay at
The end f the term such
furnishings and. eaule tedpmTth have to not become athlch
build-
ing In such a manner as to become
e rt ihTh e9.
Tll b ore term at fide tame
Shall 00 for a period of One Year
commencing September 1. 1959 and
a8ang 1 Ot 31 gi0. %rp1mnsss-
are moved from an Maus F1Wd
consideration thereto, rt. Lessee
0�Y1126p0a3y meach m 1n1pth, thhe first rmoonth
Sepiemeerr 1 111939 mid a 511 pay -
ent of the 1St of each month
hoerdrber0essfo .t �enddiQof t _7
able m lit iyy,, is t be bald ut the
office of the airport manager. •
Fourth: Should Lessee La m de.
of the 090 mtatedb1entals, r0 0900110
Lessee braeob arty of the terms or
• mar 011011 heroin 0 00901contained, to declare
tits Woo contract cancelled and
terminated Immedlately and to re-
enter said promises and to remove
0g11 90x0005 therefrom without pre-
. Iadao t any other legate romMtes
n h rmamild of claim the collection
' for and In reason of said reentry
being hereby 090000lyM 1
99001. Les-
' ear shall have a fi rupon
Y and all of the goads, furni-
ture, furnishings or equipment of
any description belonging to the
Lessee and loafed In the area here -
9n demised for all rental due Or
to become due, and any and all
on said knead lm9ml 95. Inauatry
Sixth: In the event that Lessee
testes electrical equipment or fur-
nishings at the herein demised paw
anises which shall electriml
power and energy above the ear'
tml electrical use for Winne. 0uln
0oam thin She CIty 0f Carpus
amount may 995105 a he afore.
amount in addition to the afore.
dated consideration for such elec-
trical per. The amount to be de-
termined consideratton the tye
et equipment being used d the
Saunt an electricity required.
igned d executed at Comm
Christi, Texas on this — day of
September, 7959.
HERTZ CORPORATION
CITY OF CARPUS
CHRISTI, TEXAS
• By
City Manager
A ttyy SKretalY
APPROVED AS TO LEGAL
FORM THIS -- day 09 —, 1959:
That the Mregotn{ ordinance was
lead for the tirtt time anti passed
ip Ifs e�mld rending en this the
�7 ddwWpplyy� of September, 1959, by the
Ellroy King Aye
James 9L Bar rird Aye
Pdtrlck J. Dunne Aye
Gabe A. L Lozano, Sr. Aye
That the foregoing 016109np0aaa
90 Ib for 19951adInna time tills the 2525
ddaayy of 5mtember, 1959, by the
follawln0 vane:
Jmnro Nina Aye
Mrs.pp Ray //Wheat/ Aye
PotalUt t. Dunne Aye
Gabe L. Humble lno, Sr. Aye
read
That farseeing
the thir
e thee and passed
finally on tee The 21 day of October,
1959, fbv 1119 followin0 vote: Aye
James L Barnard Aye
98s,g.e, m
ROY Alrhrt Aye
Patrlpchk .1 0 ne Aye
R.
Gabe A. Humble Aye
PASSED AAND PP ROVED, thlath9
21 day ef October, 1909.
ATTEST:
Mayor
Tiro City of Corpus Chrtstt, Texas
APPROV D A
ES Tk LEGAL FORM
This 21 Day of October, 1959.
5119 Attorney
INTER- OFFICE COMMUNICATION
Dept City Secretary
To Mr. Herold Zink
From T. Hay Bring Date December 24, 1949
Subject LnUoLCa • Herem Curparatioa
Attached you will find invoice of the Ca1ier -Times in the amount of 4486.99,
for the publication of. a lease between the Berea Corporation; and -the City,
which, as indicated by the file attached, has been submitted for payment.
Their letter, dated December 22, declined payment of the invoice for the
reason that the bid invitation failed to state that expenses would be billed
to them.. -
1 have•diecuseed the matter with Hr. Bonton,,who handled the advertising,
and he confirme'the fact that said costs were over looked in the,advertice-
ment. 'Sr. Banton re_mmeaada that we absorb the costs under the circumstances.