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Home My WebLink About07324 ORD - 08/19/1964IMS:JKH:7 -15 -64 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH J. H. SCOGIN, LEASING TO SAID J. H. SCOGIN A TRACT OF LAND LOCATED AT THE INTER- NATIONAL AIRPORT, DESIGNATED AS TRACT 3, AND CONTAINING APPROXIMATELY 69.682 ACRES, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF THREE YEARS BEGINNING AUGUST 1, 1964, AM EXTENDING TO AUGUST 15, 1967, SAID LEASE TO BE IN THE FORM SET OUT IN ORDINANCE NO. 5239 AND HERETOFORE EXTENDED BY ORDINANCE NO. 7007. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY MANAGER BF, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A LEASE AGREEMENT WITH J. H. SCOGIN, LEASING TO SAID J. H. SCOGIN A TRACT OF LAND LOCATED AT THE INTERNATIONAL AIRPORT, DESIGNATED AS TRACT 3, AND CONTAINING APPROXIMATELY 69.682 ACRES, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF THREE YEARS, BEGINNING AUGUST 1, 1964 AND EXTENDING TO AUGUST 15, 1967, SAID LEASE TO BE IN THE FORM SET OUT IN ORDINANCE No. 5239 AND HERETOFORE EXTENDED BY ORDINANCE NO. 7007, 7324 -�i THE STATE OF TEXAS { COUNTY OF NUECES ! THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF 19 , BY AND BETWEEN THE CITY OF CORPUS CHRISTI, I TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY", AND J. H. S40OlW , 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 J. H• SCOGIN PREMISES, TO -WIT: THE FOLLOWING DESCRIBED TRACT A BEGINNING AT APOINt iN THE EAST LINE Or THE J. L. SCOOIN PROPERTY, BEING A PART Or 'SURVEY 315 IN NUECES COUNTY, TEXAS, AT A POINT 180.0 fCCT SOUTH OF THE SOUTH LINE Or STATE HIGHWAY NO. A, SAID POINT ALSO BEING IN THE VEST LINE Or A TRACT OF LAND PURCHASED BY THE CITY OF Coma CHRISTI PROM RAND MORGAN AND RECORDED IN THE DEED RECORDS OF ffUECES,COUNTY, TE %ASS THENCE SOUTH 1* 421 EAST, ALONG THE EAST LINE OF THE SCOOIN PROPERTY AND THE WEST L1NC OF THE CITY OF CORUS CHRISTI PROPERTY, A DISTANCE OF 3763.17 FEET, TO A POINT rail CORNER; THENCE NORTH 450 ODI Willy, 1176.26 rEEY, TO A POINT FOR CORNER IN THE WEST LINE OF SAID S40010 PROPERTY AND THE EAST LINE Or A TRACT OF LAND OWNCD BY CARTER, OCKC01 AND TILL; THENCE NORTH 10 421 WEST, ALONG THE WST LiN$ OF THC SCOOIH PROPERTY, A DISTANCE OF 2906.18 FEET TO A POINT fOR CORNER 180.0 FCEY SOUTH Or THE FOR i$OUtH LINE OF' VATECHrOMA�LIN*-i,U AND LT ckCE NORTH EASY, ALO,Nd fk 1TNE VARALLEL 10ATHI`IAND'c1ft..0 tRSET SOUTH OF TNI SOUTH LINE OF SYATEff1_iHWAY iIO. 44 A DISTANCE OF 806.7 FEET TO THC cDNSIf'LAQr<fOFi,B[RIttNPNG� an* CQNIAimt*m:'61:755IACRES OF LAND. 1. THE LESSEE IS TO RA,TRACT,B_R THE FOLLOWING REI.TAL AND CA£H nDNUQINIlINq ,6T.,THq.IPtilT.:^SOUTHERLY CORNER OF THE TRACT A OE9CRlOED A80VE, SAID CORNER DEING IN THE EAST LINE OF TNC SCOQIN PROVCRTY AT A POINT 3: 4UR F4TT 4"TN ATVTIiru -$ UTH t4Qw SMATAW, 114.0144AX, fps 4411 THENCSLf10ATN 45r cirA,STcAk4 NO DTH*._s_ottiil .uT �L WE IAJb w, "u-4 OESCR loco TRACT A DISTANCE OF 117 6.26 FEET TO A POINT IN THE WEST LINE Or THE ScOOIN PROPER'jYL LAND, OF WHICH LESSEE AGREES TO PAY THREE - FOURTHS THENCFEtSQ1iLHG1hA?rc'Ji'iT:a�i4Sf TtL6rrc4JlfJacAdHG.+GOO.iN FI;PPIYY $'j6t «Oj FEET, TO A POINT FOR CORNER; TO PAY 0&_ ;FD RTH OF SUCH GINNING CHARGES. THE LESSEE THENCE NORTH COQ 1i3� GASTI AT RIGHT ANGLES TO THE LAST DESCRIBTO LINE, A olsrArt�r�Lo 8¢ ,,,7Q rkq� >gJfl:E IC90Tki:l' No 7.927 ACRES OF LAND, AND VHICH 7.997 ACRE TRACT IS INNEOIATELY ADJACENT, ABUTTING AND CONT14UOUS TO THE SOUTHWESTERNMOST BOUNDARY LIHC Or TRACT A ABOVE DESCRIBED BY HCTCS AND SOUNDS. THEREOF IS SOLD IN THE FIELD WITHOUT HARVESTING COST TO HIM, THE RENT WILL BE ONE -THIRD OF THE PROCEEDS OF SUCH SALE IN- STEAD OF ONE- FOURTH. FOR ALL ACRES TO BE PLANTED IN FEED, LESSEE AGREES TO PAY A SHARE RENTAL OF ONE -THIRD (1/3) OF THE VALUE OF SUCH FEED, AND SHOULD LESSEE PLANT ANY PART OF SAIDLEASED PRE- MISES IN SUDAN, RHODES GRASS OR ANY OTHER FEED AND RETAIN THE SAME FOR HOME USE HE SHALL PAY MONEY RENT THEREFOR ON THE BASIS OF WHAT THE OTHER FEED GROWN ON SAID LEASED PREMISES AVERAGED PER ACRE ON THE MARKET. IT IS AGREED THAT CITY SHALL PAY ONE -THIRD OF THE HAULING EXPENSE FOR HARVESTING ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO- THIRDS OF SUCH HAULING EXPENSE, BUT THAT LESSEE SHALL BEAR THE EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE CITY THAT SUCH CROPS ARE BEING HARVESTED. (B) IN ADDITION THERETO, LESSEE AGREES TO PAY THEREFOR AS RENTAL A YEARLY CASH BONUS PER ACRE OF ma DOLLARS �$ ), BEING A TOTAL YEARLY CASH BONUS OF NONE DOLLARS PAYABLE IN ADVANCE AS FOLLOWS: z 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. 4. IT 15 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. -2- 5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, INCLUDING NOTICES TO THE CITY, SHALL BE BY AND TO THE CITY MANAGER OR A PERSON DESIGNATED BY HIM. 6. 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 UNSOLD 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 TENANT'S 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 DESIGNATED BY THE CITY OR THE CITY FIRE DEPARTMENT. 12. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDI- NANCES 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 OBSERVED AND CARRIED OUT. 14. THE LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY OF THE COVENANTS AND CONDITIONS OF THIS LEASE, THE CITY MAY ENFORCE THE PER- FORMANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAWS AND MAY DECLARE THE LEASE FORFEITED AT ITS DISCRETION AND ITS 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 OBTAINS FOR THE ACCOUNT OF THE LESSEE) WHO WILL MAKE GOOD ANY 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 _4_ PREMISES OR WHICH MAY BE PLACED ON SAID PREMISES BY THE LESSEE, WHICH LIEN SHALL BE CUMULATIVE OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO 15. LESSEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF CORPUS CHRISTI, TEXAS (LESSOR), FROM ANY AND ALL CLAIMS OR DAMAGES OF ANY NATURE WHATSOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERA- TION 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 BUSINESS INCIDENT TO OTHER ACTIVITIES OF THE SAID CITY. WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF , 19 6A THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY CITY MANAGER CITY SECRETARY LESSOR APPROVED AS TO LEGAL FORM THIS THE DAY OF , 1964 CITY ATTORNEY LESSEE - oal" THAT THE FOREGOING ORDINANCE WAS A� PAS�,,`CD 0 ITS SECOND READING ON THIS THE d 19 y y BY THE FOLLOWING VOTE. JAMES L. BARNARC JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, , THAT THE FOREGOING ORDINp'�/ WAS READ TO ITS THIRD READING ON THIS THE S'�J � DAY OF BY THE FOLLOWING VOTE: JAMES L. BARNARC JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS 6ED .y W. H. WALLACE, JR. THAT THE FORE?01& ORDINANCE W READ FOR THE THIRD 1 AND PASSED FINALLY ON THIS THE D AY OF BY THE FOLLOWING VOTE: JAMES L. BAR RD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. PASSED AND APPROVED, THIS THE DAY of 19 / . A CITY $ECRE ARY j� / APPROVED AS TO LE Al- FORM THfS DAY OF AL 1: ` o THE CITY OF CORPUS CHRISTI, TEXAS CIT�NEY