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HomeMy WebLinkAbout11728 ORD - 10/03/1973• .TRR:vp:10 /2 /73:lst • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A 90 -DAY LEASE WITH THE CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FOR THE LEASING BY THE SAID CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION OF A 10 -ACRE TRACT OR PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS IS MORE FULLY SET FORTE IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby, authorized to enter into a 90-day lease with the Corpus Christi Airport Development Corporation for the leasing by the said Corpus Christi Airport Development Corporation of a 10 -acre tract or parcel of lend at the Corpus Christi International Airport, all as is more fully set forth in the lease, a copy of which is attached hereto, marked Exhibit "A ", and made a pert hereof. SECTION 2. The necessity to immediately authorize the execution of aforesaid lease at the earliest practicable date creates a public emer- gency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but 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, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ,dday of October, 1973. ATTEST: �? City Secret y/ I `i MAYORT 0/ /V/ fj THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: �r4 DAY OF OCTOBER, 1973: !SR ffsf City Attorney 1� 0 JRR:MM:vp:10 /2/73 • AGREEMENT OF LEASE THE STATE OF TEXAS COUNTY OF NUECES This Agreement of Lease is made and entered into on the day and year hereinbelow stated by and between the City of Corpus Christi, a home rule city of the State of Texas, situated in Nueces County, Texas, herein- after called "LESSOR ", and Corpus Christi Airport Development Corporation, a nonprofit corporation with its principal place of business in Corpus Christi, Texas, hereinafter celled "LESSEE ". W I T N E S S E T H. Lessor does by these presents lease and demise unto Lessee, and Lessee hereby leases from Lessor, that certain tract of land situated in the City of Corpus Christi, Nueces County, Texas, specifically described as follows: Being a 10 -acre tract of land out of Block 23, J. C. Russell Farm Blocks as shown by map of record in Volume 3, page 53, Map Records, Nueces County, Texas, said 10.0 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a point, the intersection of the east boundary line of said Block 23, and the new south right -of -way line of State Highway No. 44, said point being S. 1% 19' 56" E., 240.0 feet from the original northeast corner of said Block 23; thence S. 880 35' 46" W., a distance of 50.0 feet to a point in the proposed west right -of -way of the Airport Entrance Road and the east boundary line of said Block 23, a distance of 660.0 feet to a point, the southeast corner of the tract herein described; Thence S. 880 35' 46" W., with a line that is 660.0 feet south of and parallel to the south right -of- way line of said new State Highway No. 44, a distance of 660.0 feet to a point, the southwest corner of the tract herein described; Thence N. 10 19' 56" W., with a line that is 710.0 feet west of and parallel to the centerline of the Airport Entrance Road, a distance of 660.0 feet to a point in the south right -of -way line of the new State Highway No. 44, for the northwest corner of the tract herein described; Thence N. 880 35, 46" E. with the south right -of -way line of the new State Highway No. 44, a distance of 660.0 feet to the point of beginning. EXH1131;,A- Subject to the easements in favor of Lessor and /or others shown on Exhibit A, attached hereto and made a part hereof. I The term of this lease shall be from the date of its execution and shall expire January 2, 1974. II The leased premises shall be used for the purposes of manufacturing, warehousing, offices, and any other lawful purpose and in accordance with the Burke Master Plan for City Airport Development (on file in the official records of the City of Corpus Christi, Texas) and subject to the approval of the M. III Lessee is hereby given the right to enter upon the above described premises and begin the construction of improvements in accordance with plans and specifications approved by the City of Corpus Christi. IV The rental for the leased premises are payable at City Hall in Corpus Christi, Nueces County, Texas, and shall be Three Hundred ($300) Dollars for the entire term of this lease, payable on the date of the execution of this lease. Lessee shall furnish to Lessor a financial report relating to Lessee's financial condition on a monthly basis during construction of the building and semi - annually thereafter during the term of this lease. V Lessee shall obtain proposals for the construction of the building prior to December 31, 1973, or within thirty (30) days after Lessor approves the plans for the building, whichever date is earlier. VI At the expiration or termination of this lease, Lessee, or its Sub- lessee, shall leave the leased premises in good condition, allowance being made for ordinary wear and tear, damage by fire, or other casualty, acts of God, riot and civil commotion, and Lessee or its Sublessee shall not be required to restore the leased premises to the condition in which the leased premises were in as of the commencement of the term hereof, it being agreed that Lessor shall accept the leased premises with such alterations, remodeling, -2- additions, or new construction as may have been made pursuant to authoriza- tion contained herein. Lessee agrees that it will not permit or allow any mechanic's, materialman's, or any liens to stand against the leased premises for work or materials furnished Lessee or a Sublessee, if any, in connection with any such alterations, remodeling, additions, or new construction, it being provided, however, that Lessee or its said Sublessee shall have the right to contest the validity of any such lien or claims, but upon a final determination of the validity thereof, Lessee, or its said Sublessee, shall immediately pay any judgment or decree rendered against Lessee or its said Sublessee, with all proper costs and charges and shall cause any such lien to be released of record without cost to Lessor. VII Lessee or its said Sublessee shall have the right, at its own expense, to install such fixtures, machinery, and equipment in or about the leased premises and to post or attach such signs on the interior and exterior thereof as it may deem desirable and conformable to law and to FAA regulations. No sign shall be erected within twenty (20) feet of any public right of way, and shell not advertise any off - premises use or purpose. A11 signs, fixtures (including lights), machinery or other equipment which may be installed, placed, or attached in or about the leased premises by Lessee or its said Sublessee, shall remain the property of Lessee or its said Sub- lessee, and upon the termination of this lease, Lessee, or its said Sub- lessee shall have the right to remove the same within a reasonable time after such termination; provided, however, that Lessee or its said Sublessee shall at its expense repair or cause to be repaired any damage caused to the leased premises by virtue of the removal thereof. VIII Title to all buildings and all permanent improvements annexed to the realty under the terms herein shall immediately vest in Lessor. IX The Lessee agrees to pay or cause to be paid when due 811 lawful charges for electricity, power, gas, water, and any other utilities used by it upon and in the operation of the leased premises. -3- X Lessee shall pay or cause to be paid all taxes and assessments of every nature, kind and description lawfully levied against all personalty situated on the leased premises legally classified as personal property. Lessor shall pay all taxes and assessments of every nature, kind and descrip- tion lawfully levied against Lessor's interest in the leased premises, and Lessee shall pay or cause to be paid all taxes and assessments of every nature, kind and description lawfully levied against Lessee's interest in the leased premises. XI The Lessee and any Sublessee or Assignee thereof shall forever save and hold harmless the Lessor from any and all claims, demands, damages, injuries, and causes of action occasioned by them, their agents, servants, or employees to any person, persons, legal entities or property by virtue of the operation of the business of said Lessee, Sublessee or Assignee on said leased premises, or in connection with the operation of said business, whether on said leased premises or otherwise. XII The Lessor does not make any warranty, either express or implied, as to the actual or designed capacity of the building; as to the suitability or operation of the building for the purposes specified herein; or as to the condition of the building or that it will be suitable for Lessee's or any Subleases's purposes or needs. Lessee releases the Lessor from, and the Lessor shall not be liable for, and Lessee will hold Lessor harmless against any loss or damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the leased premises, or the use thereof; provided, that the indemnity in this sentence shall be effective only to the extent of any loss that may be sustained by Lessor in excess of the sums paid for the benefit of Lessor from any insurance carried with respect to the loan sustained. XIII The Lessee, in exercising any of the rights or privileges herein granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any person or group of persons -h- 0 0 in any manner prohibited by Pert 21 of the Regulations of the Secretary of Transportation. The Lessor is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. The Lessor reserves unto itself, its successors and assigns, for the use and benefit of the public, s right of flight for the passage of aircraft in the airspace above the surface of the leased premises together with the right to cause in said airspace such noise as may be inherent in the opera- tion of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. The Lessee expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects or natural growth and other obstructions on the leased premises to such a height so as to comply with Federal Aviation Regulations, Part 77, as of the date hereof. The Lessee expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on this the cJ � day of_ 1973. CITY OF CORPUS CHRISTI, LESSOR BY ATTEST: R. Marvin Townsend, City Manager City Secretary CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION, LESSEE By President APPROVED: �LDAY OF QC4a , 1973: 5Q Qe5 i City Attorney L_J Corpus Christi, Texas is J�y of , 19—Zi TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution 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 Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYO r THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark .a r The above ordinance was passed by the following vote: Jason L.uby James T. Acuff Rev. Harold T. Branch C!. Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark