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Home My WebLink About05924 ORD - 10/05/1960AN ORDINANCE, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH ADOLPH A. MAREK. COVERING 28.51 ACRES OF LAND SITUATED IN NUECES COUNTY, TEXAS, SOUTH GUTH PARK, ON THE WATERS OF THE OSO BAY, ABOUT 8 MILES SOUTH 25° EAST FROM THE COUNTY COURTHOUSE, FOR FARMING AND AGRICUL- TURAL PURPOSES, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT, SAID AGREEMENT BEGINNING SEPTEMBER 1, 1960, AND ENDING AUGUST 31, 1961. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A LEASE AGREEMENT WITH ADOLPH A. MAREK, COVERING 28.51 ACRES OF LAND SITUATED IN NUECES COUNTY, TEXAS, SOUTH GUTH PARK, ON THE WATERS OF THE OSO BAY, ABOUT 8 MILES SOUTH 25° EAST FROM THE COUNTY COURTHOUSE AND DESCRIBED AS FOLLOWS: FARMABLE LAND SOUTHWEST OF ENNIS JOSLIN ROAD: BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF BECKNER ROAD, SAID POINT BEARS S 600 57t 207° E GO FEET FROM THE SOUTH CORNER OF LOT 18, SECTION 17 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE 43, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE N 29° Olt 1054 E, A DISTANCE OF 269.00 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 60° 58t 504" E, A DISTANCE OF 375 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N 29° 01' 10°° E, A DISTANCE OF 202 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 60° 58' 50i0 E, A DISTANCE DF 470.92 FEET TO A POINT FOR A- CORNER OF THIS TRACT; THENCE N 69° 16t E, A DISTANCE OF 221.85 FEET TO A POINT IN THE WEST.BOUNDARY LINE OF ENNIS JOSLIN ROAD FOR A CORNER OF THIS TRACT; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT AND THE WEST BOUNDARY LINE OF ENNIS JOSLIN ROAD A DISTANCE OF 408.77 FEET TO THE POINT OF TANGENT; THENCE S 76° 11' E, A DISTANCE OF 400.17 FEET TO A POINT; 532 THENCE IN A SOUTHERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, BEING ALSO THE SOUTH- WEST BOUNDARY LINE OF ENNIS JOSLIN ROAD, A DISTANCE OF 332 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF SOUTH GUTH PARK FOR A CORNER OF THIS TRACT; THENCE S 529 41' 20" W, A DISTANCE OF 586 FEET TO THE MOST SOUTHERLY CORNER OF SOUTH GUTH PARK' FOR A CORNER OF THIS TRACT; THENCE WITH,THE SOUTHWEST BOUNDARY LINE OF SOUTH GUTH PARK A DISTANCE OF 1865 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 22.55 ACRES OF LAND. FARMABLE LAND EAST OF ENNIS JOSLIN ROAD: BEGINNING AT A 1" IRON PIPE, BEING THE SOUTH CORNER OF LOT 5, SECTION 17 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE S 60° 59t E, A DISTANCE OF 60 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE N 29° 01' 10" E, A DISTANCE OF 77.38 FEET TO A POINT; THENCE S 32° 10t 35" E, A DISTANCE OF 230.85 FEET TO A POINT; THENCE S 15° 55, 35„ E, A DISTANCE OF 1185.00 FEET TO A POINT; THENCE S 30° 18' 05" E, A DISTANCE OF 251.60 FEET TO A POINT; THENCE S 51° 41, 35" F, A DISTANCE OF 439.03 FEET TO A POINT IN THE NORTHWEST RIGHT -OF -WAY LINE OF THE ENNIS JOSLIN ROAD; THENCE N 76° 11' W WITH THE NORTHEAST RIGHT-OF-WAY LINE OF ENNIS JOSLIN ROAD, A DISTANCE OF 349.10 FEET TO A POINT; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT WHOSE RADIUS IS 382 FEET AND HAVING A CENTRAL ANGLE OF 78° OOt, A DISTANCE OF 465.58 FEET TO THE POINT OF TANGENT; . THENCE N 1° 46, E, WITH THE NORTHEAST RIGHT -OF -WAY LINE OF ENNIS JOSLIN ROAD, A DISTANCE OF 323.19 FEET TO A POINT; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, SAME BEING ALSO THE NORTHEAST RIGHT -OF -WAY LINE OF ENNIS JOSLIN ROAD, A DISTANCE OF 671.89 FEET TO A POINT; THENCE N 60° 59, W WITH THE NORTHEAST RIGHT -OF -WAY LINE OF ENNIS JOSLIN ROAD, A DISTANCE OF 18.92 FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE WHOSE RADIUS IS 246.50 FEET AND HAVING A CENTRAL ANGLE OF 90 °. 00', A DISTANCE OF 387.20 FEET TO A POINT; THENCE N 29° 01' 10" E A DISTANCE OF 122.52 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 5.96 ACRES OF LAND. -2- CONTAINING A NET ACREAGE OF 28.51 ACRES OF LANDS FOR FARMING AND AGRICULTURAL PURPOSES ONLY, FOR A TERM OF ONE (1) YEAR, BEGINNING SEPTEMBER 1, 1960, AND ENDING AUGUST 31, 1961, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE FORM OF LEASE AGREE- MENT PRESCRIBED BY ORDINANCE IND. 5677, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF FEBRUARYS 1960, WITH THE EXCEPTION THAT IN ADDITION TO THE ONE - THIRDS AND ONE- FOURTHS CROP RENTALS PROVIDED IN SAID FORM THE LESSEE AGREES TO PAY AN ANNUAL CASH RENTAL OF TWENTY -EIGHT AND 51/100 (428.51) DOLLARS, PAYABLE IN ADVANCE. AH :9:11:5 w_..- THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, MADE AND ENTERED INTO THIS THE ,19 DAY OF BY AND BETWEEN THE CITY OF CORPUS.CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY", AND ADOLPH A. MAREK , OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED LESSEE, W I T N E S S E T H: THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE UNTO THE SAID ADOLPH A. MAREK THE FOLLOWING DESCRIBED PREMISES, TO -WIT: SEE ATTACHED FORA TERM OF 1 YEAR BEGINNING SEPTEMBER 1, 19 60 , AND ENDING AUGUST i1, , 19 61 , SUBJECT TO THE FOLLOWING CONSIDERATION, COVENANTS AND CONDITIONS, TO -WIT: 1, THE LESSEE IS TO PAY THERFOR THE FOLLOWING RENTAL AND CASH BONUS TO BE PAID AS FOLLOWS: (A) THE CONSIDERATION FOR THIS LEASE, TO BE PAID BY LESSEE, IS ONE - FOURTH OF ALL COTTON AND SEED RAISED ON SAID LAND, OF WHICH LESSEE AGREES TO PAY THREE - FOURTHS OF THE GINNING CHARGES ON ALL COTTON GINNED AND CITY AGREES TO PAY ONE- FOURTH OF SUCH GINNING CHARGES. THE LESSEE AGREES THAT IN THE EVENT ANY COTTON CROP OR ANY PORTION SOUTH GUTH PARK FARMASLE LAND SOUTHWEST OF 'ENNIS JOSLIN ROAD: BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF BECKNER ROAD, SAID POINT SEARS S 60° 5p 20" E 60 FEET FROM THE SOUTH CORNER OF LOT 18 SECTION 17 OF THE FLOUR BLUFF AND ENCINAI, FARM AND GARDEN TRACTS AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE 43, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE N 29° alt 10" E, A DISTANCE OF 269.00 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE 5 60° 580 5©/° E, A DISTANCE OF 375 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N 29° 01' 10`.' E, A DISTANCE OF 202 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE 5 60° 58' 56" E, A DISTANCE OF 47 0.92 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N 69° 16' E. A DISTANCE OF 221 FEET TO A POINT IN THE WEST BOUNDARY LINE OF ENNIS 40SLIN ROAD FOR A CORNER OF THIS TRACT; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT AND THE WEST BOUNDARY LINE OF ENNIS 4OSLIH ROAD A DISTANCE OF 448.77 FEET TO THE POINT OF TANGENT; THENCE S 76° 11' E, A DISTANCE OF 400.17 FEET TO A POINT; THENCE IN A SOUTHERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, BEING ALSO THE SOUTHWEST BOUNDARY LINE OF ENNIS JOSLIH ROAD, A DISTANCE OF 332 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF SOUTH GUTH PARN FOR A CORNER OF THIS TRACT; THENCE S 52° 41e 20" W, A DISTANCE OF 586 FEET TO THE MOST SOUTHERLY CORNER of SOUTH GUTH PARK FOR A CORNER OF THIS TRACT; THENCE WITH THE SOUTHWEST BOUNDARY LINE OF SOUTH GUTH PARK A DISTANCE OF 1865 FEET TO THE PLACE OF BEGINNING, AND CON - TAINING 22.75 ACRES OF LAND. FARMABLE LAND EAST OF ENNIS JOSLIN ROAD: BEGINNING AT A i°' IRON PIPE, BEING THE SOUTH CORNER [IF LOT 5, SECTION 17 OF THE FLOUR BLUFF AND ENCINAL FARM AND GAR'EtEN TRACTS AS SHOWN BY MAP OR FLAT OF RECORD IN VOL. A, PAGE 43 OF THE MAP RECORDS OF NUECES 0OuNTY,, TEXASI THENCE S 60° 59' E., A DISTANCE OF 60 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE II 29° 01' 10" E, A DISTANCE OF 77.38 FEET TO A poiNT; THENCE S 32° 10' 35" E. A DISTANCE OF 230.85 FEET -To A PO/NT; THENCE 15° 55' 35" 1, A DISTANCE or 1185.00 FEET TO A POINT; THENCE S 30° 18' 05" E, A DISTANCE OF 251.60 FEET TO A POINT; THENCE S 51° 41' 35" E, A DISTANCE OF 439.03 FEET To A POINT IN THE NORTHWEST RIGHT-OP-WAY LINE OF THE ENNIS JOSLIN ROAD; THENCE N 760 71 W WITH THE NORTHEAST RIGHT^OF.'WAY LINE OF ENNIS JOSLIN ROAD; A DISTANCE OF 349.10 FEET TO A POINT; THENCE ALONG THE ARC.OF A CIRCULAR CURVE TO THE RIGHT WHOSE RADIUS IS 342 FEET AND HAVING A CENTRAL ANGLE OF 78° 004; A DISTANCE OF 465.58 FEET TO THE POINT OF TANGENT; THENCE N 1° 46' E, wmi THE NORTHEAST RIGHT..OFWAY LINE OF ENNIS JOSLIN ROAD, A DISTANCE OF 323.19 FEET TO A POINT; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, SAME BEING ALSO THE NORTHEAST RIGHT-.OFWAY. LINE OFINNIS 'A/SLIM ROAD, A DISTANCE OF 671.89 FEET TO A POINT; THENCE N 60° 59' W WITH THE ,NORTHEAST RIGHT...Or'.WAY LINE OF ENNIS JOSLIN ROAD, A DISTANCE OF 18.92 FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION ALONG THE ARC OF A CIRCULAR - CURVE WHOSE RADIUS IS 246.50 FEET AND HAVING A CENTRAL ANGLE OF 90° 00', A DISTANCE OF 387.20 FEET TO A POINT; THENCE N 29° 01' 10" E A DISTANCE OF 122.52 FEET TO THE PLACE OF atGioNING, AND CONTAINING 5.96 ACRES OF LAND. l' THEREOF IS SOLD IN THE FIELD WITHOUT HARVESTING COST TO HIM, THE RENT WILL BE ONE -THIRD OF THE PROCEEDS OF SUCH SALE IN- STEAD OF ONE- FOURTH. FOR ALL ACRES TO BE PLANTED tN FEED, LESSEE AGREES TO PAY A SHARE RENTAL OF ONE -THIRD (1/3) OF THE VALUE OF SUCH FEED, AND SHOULD LESSEE PLANT ANY PART OF SAID LEASED PRE- MISES IN SUDAN, RHODES GRASS OR ANY OTHER FEED AND RETAIN THE SAME FOR HOME USE HE SHALL PAY MONEY RENT THEREFOR ON THE BASIS OF WHAT THE OTHER FEED GROWN ON SAID LEASED PREMISES AVERAGED PER ACRE ON THE MARKET, IT IS AGREED THAT CITY SHALL PAY ONE -THIRD OF THE HAULING EXPENSE FOR HARVESTING ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO - THIRDS OF SUCH HAULING EXPENSE, BUT THAT LESSEE SHALL BEAR THE EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE CITY THAT SUCH CROPS ARC BEING HARVESTED. (B) IN ADDITION THERETO, LESSEE AGREES TO PAY THEREFOR AS RENTAL A YEARLY CASH BONUS PER ACRE OF ONE DOLLAR# ($ 1.00 ), BEING A TOTAL YEARLY CASH BONUS OF TWENTY-LIGHT AND 91/100 DOLLARS ABLE IN ADVANCE AS FOLLOWS: UPON EXECUTION OF THIS LEASE. ( 2S_51 ), PAY- 2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE USED FOR AGRICULTURAL PURPOSES ONLY. THAT SAID PREMISES ARE NOT TO BE USED FOR ANY OTHER PURPOSE THAN THESE HEREIN SPECIFIED UNLESS CONSENTED TO BY THE CITY IN WRITING. 3. LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY POR- TION THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING. #. IT IS FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND ACCURATE BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE ABOVE DESCRIBED CULTIVATION OF THE PREMISES HEREBY LEASED, AND THAT SUCH BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY. 5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF -2- THIS CONTRACT, INCLUDING NOTICES TO THE CITY, SHALL BE BY AND TO THE CITY MANAGER OR A PERSON DESIGNATED BY HIM. C. IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO SELL OR LEASE FOR A USE DIFFERENT FROM THE PRESENT USE ALL OR ANY PART OF THE HEREIN LEASED LAND AT ANY TIME DURING THE TERM OF THIS LEASE. SHOULD THE PROPERTY BE SOLD OR LEASED BEFORE THE EXPIRATION DATE HEREOF AND THE PURCHASER OR LESSEE NOT BE WILLING TO TAKE THE SAME SUBJECT TO THIS LEASE AND DEMANDS IMMEDIATE POSSESSION, THEN THE LESSEE AGREES TO VACATE AND GIVE POSSESSION AT ANY TIME WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF NOTICE TO VACATE. SHOULD IT BECOME NECESSARY FOR LESSEE TO VACATE IN CASE OF A SALE OR LEASE, THEN THE CITY SHALL PAY LESSEE FOR THE LAND OR PORTION THEREOF SO VACATED. THE FOLLOWING AMOUNTS, TO -WIT: IF THE LAND HAS BEEN PLOWED AND PREPARED FOR A NEW CROP, BUT BEFORE THE CROP HAS BEEN PLANTED, THE ACTUAL EXPENSE OF WORKING THE ACREAGE VACATED, PLUS $5.00 PER ACRE. IF AFTER THERE IS A GROWING CROP, THEN THE AVERAGE RETURN ON AN ACREAGE BASIS THAT LIKE CROPS BRING ON UNSOLF LAND COVERED BY THIS LEASE, OR IF NO UNSOLD LAND COVERED BY THIS LEASE, OR IF NO UNSOLD LAND THEN ON SIMILAR LAND IN THE IMMEDIATE VICINITY. ANY PAYMENTS SO MADE SHALL BE IN PROPORTION TO THE TENANT1S SHARE OF THE CROP UNDER THIS LEASE, LESS HARVESTING COSTS. 7, THIS LESSEE AGREES THAT HE WILL PAY,FOR ANY AND ALL DAMAGES TO ANY'UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURRED BY HIS FARMING OR AGRICULTURAL OPERATIONS OR TO REPLACE ALL SUCH LINES IN- JURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS. 8. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES BEING LEASED BY HIM. 9, THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY AND ITS APPURTENANCES, AND SUFFER NO WASTER, AND SHALL KEEP THE SAID PREMISES IN GOOD REPAIR AT HIS OWN EXPENSE, AND AT THE END OF THE EXPIRATION OF THE TERM OF THIS LEASE, SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND CONDITION, AS SAME ARE NOW IN NATURAL WEAR AND TEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. -3- • 10. THE LESSEE AGREES NOT TO USE SAID PREMISES FOR ANY ILLEGAL OR IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS OF THE STATE OF TEXAS, THE UNITED STATES, AND ALL RULES SET OUT BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES. 11. THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVER- AGES ON 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 DESI HATED BY THE CITY OR THE CITY FIRE DEPARTMENT. 12. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDIN- ANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPART- MENTS OF THE CITY, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE. 13. THE CITY 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 SAID LEASE ARE BEING OB- SERVED AND CARRIED OUT. -14. THE LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY OF THE COVENANTS AND COND €TIONS OF THIS LEASE, THE CITY MAY ENFORCE THE PER- FORMANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAW; AND MAY DECLARE THE 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 CITY, ITS ATTORNEYS OR AGENTS, MAY RESUME POSSESSION OF THE PREMISES AND RE -LET THE SAME FOR THE-REMAINDER OF THE TERM OF THIS LEASE AT THE BEST RENT THEY MAY OBTAIN, FOR THE ACCOUNT OF THE LESSEE, WHO WILL HAVE GOOD AND DEFICIENCY; AND THE CITY (LESSOR) SHALL HAVE A LIEN AS SECURITY FOR THE RENT AFORESAID, OR ANY RENT DUE AND UNPAID UNDER SAID LEASE, UPON ALL CROPS, GOODS, WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS, AND OTHER PERSONAL PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR WHICH MAY SE PLACED ON SAID PREMISES BY THE LESSEE, WHICH LIEN SHALL SE CUMULATIVE OF THE STATUTORY LIEN CREATED GY, LAW AND IN ADDITION THERETO, 15. tessEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF Coppus CHRISTI, Toots (LESSOR), FROM ANY AND ALL CLAIMS OR DAMAGES OF ANY NATURE WHATSOEVER DUE TO-ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERA- TIN OF THE LEASED PREMISES. 16. THE CITY SHALL HAVE THE RIGHT AT ANY AND ALL TIMES OF INGRESS, EGRESS AND REGRESS ON AND OVER SAID PREMISES FOR THE PURPOSE OF CONDUCTING AND CARRYING ON ANY eustness INCIDENT TO OTHER ACTIVITIES,' OF THE SAID CITY. 17. NOTWETHSTANDING ANY OTHER PROVISION HEREOF, THE CITY RESERVES THE RIGHT TO RELOCATE SAID PORTION OR PORTIONS OF Entwis JOSLIM ROAD AS IT MAY DETERMINE AND THIS LEASE IS MADE SUBJECT TO A DECREASE OF THE FARMAGLE AREA WHICH MAY RESULT FROM SUCH CONSTRUCTION AND RECONSTRUCTION OF SAID ENNIS JOSLIN ROAD. NO COMPENSATION SHALL GE DOE THE LESSEE BY VIRTUE Or ANY OPERATIONS BY THE CITY OR ANY CONTRACTOR UNDER CONTRACT FROM THE CITY IN CARRYING OUT SUCH ROAD STRAIGHTENING PRO4ECT. WITNESS THE EXECUTION HEREOF ON DUPLICATE ORIG/NALS, EACH OF WHICH IS TDBE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF 19 ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF 1 CITY ATTORNEY THE cm Of C 1STI oTEXAS CITY MANAGER LESSOR LESSEE THAT THE FOREGOING ORDINANCE WAS Dr FOR THE FIR5TITIME AND , PASSED TO ITS SECOND READING ON THIS THE 1 DAY OF 19 , BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. A , THAT THE FOREGOING ORDINANCE WAST AD FOR THE SE�I°I� AND PASS yD TO ITS THIRD READING ON THIS THE DAY OF 19 0 , BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. �;P THAT THE FOREG ING ORDINANCE S RD FOR E�HIRD TIME AND PASSED FINALLY ON THIS THE DAY OF S. r ,19 °(3, BY THE FOLLOWING VOTE: ATTEST: y( Ice.., - ' CITY SECRpfARY ',�� APPROVED AS TO LEGAL FORM THIS ,5' 0 DAY OF ae,7F 1 CITY ATTORNEY ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. PASSED AND APPROVED, THIS THE DAY OF MAYOR THE CITY OF Cr'PUS CHRIS , TEXAS