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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.