HomeMy WebLinkAbout11086 ORD - 09/20/1972JRR:vmp �.
8/16/72:lst
1
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREE-
MENTS WITH PAT McDONOUGH, JR., COVERING THREE TRACTS
OF LAND LOCATED AT INTERNATIONAL AIRPORT, DESIGNATED
AS TRACT 3, CONTAINING APPROXIMATELY 69.682 ACRES,
TRACT A, CONTAINING APPROXIMATELY 260 ACRES AND TRACT
B, CONTAINING APPROXIMATELY 107 ACRES, TO BE USED FOR
FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF FIVE
(5) YEARS, BEGINNING AUGUST 16 , 1972,
AND EXTENDING TO AUGUST 15 , 1977,
COPIES OF SAID LEASE AGREEMENTS BEING ATTACHED HERETO
AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES.
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
and directed to execute, for and on behalf of the City, Lease Agreements with
Pat McDonough, Jr., covering three tracts of land located at international
Airport, designated as Tract 3, containing approximately 69.682 acres, Tract
A, containing approximately 260 acres, and Tract B, containing approximately
107 acres, to be used for farming and agricultural purposes, for a term of
five (5) years, beginning August 16 , 1972, and extending to
August 15 1 , 1977, copies of said leases being attached hereto
and made a part hereof for all pertinent purposes.
�-iosE;
TRACT A)
BEGINNING AT A POINT IN THE EAST LINE OF THE J. L. SCOGIN
PROPERTY, BEING A PART OF SURVEY 315 IN NUECES COUNTY,
TEXAS, AT A POINT 180.0 FEET SOUTH OF THE SOUTH LINE OF
STATE HIGHWAY N0. 44, SAID.POINT ALSO BEING IN THE WEST
LINE OF A TRACT OF LAND PURCHASED BY THE CITY OF CORPUS
CHRISTI FROM RAND MORGAN AND RECORDED IN THE DEED RECORDS
OF NUECES COUNTY, TEXAS;
THENCE SOUTH 1° 421 EAST, ALONG THE EAST LINE OF THE SCOGIN
PROPERTY AND THE WEST LINE OF THE CITY OF CORPUS CHRISTI
PROPERTY, A DISTANCE OF 3763.17 FEET, TO A POINT FOR CORNER;
THENCE NORTH 45° 00' WEST, 1176.26 FEET, TO A POINT FOR
CORNER IN THE WEST LINE OF SAID SCOGIN PROPERTY AND THE
EAST LINE OF A TRACT OF LAND OWNED BY CARTER, OCKER AND
TILL;
THENCE NORTH 1° 421 WEST, ALONG THE THE WEST LINE OF THE SCOGIN
PRR, Y
PROPERTY, A DISTANCE OF 2906.18 FEET TO A POINT FOR CORNI1E��I1R��
180.0 FEET SOUTH OF THE SOUTH LINE OF STATE HIGHWAY N0. Y;.
THENCE NORTH 880 14' EAST, ALONG A LINE PARALLEL WITH AND
11
1p80.0 FEET SOUTH OF THE SOUTH LINE OF STATE HIGHWAY NO. 114
A DISTANCE OF 806.7 FEET TO THE PLACE OF BEGINNING, AND
CONTAINING 61.755 ACRES OF LAND;
TRACT B)
BEGINNING AT THE HOST SOUTHERLY CORNER OF THE TRACT A
DESCRIBED ABOVE, SAID CORNER BEING IN THE EAST LINE OF
THE SCOGIN PROPERTY AT A POINT 3 44 43.17 FEET SOUTH OF THE
SOUTH LINE OF STATE HIGHWAY N0. ;
THENCE NORTH 45° WEST ALONG THE SOUTHWEST LINE OF THE
ABOVE DESCRIBED TRACT A DISTANCE OF 1176.26 FEET TO A POINT IN
THE :LEST LINE OF THE SCOGIN PROPERTY;
THENCE SOUTH 1° 421 EAST ALONG THE l."EST LINE OF THE SCOGIN
PROPERTY &36.05 FEET, TO A POINT FOR CORNER;
THENCE NORTH 88° 18' EAST, AT CR�IGHT ANGLES TO THE LAST
DESCRIBED LINE, A DISTANCE OF 1:06.70 FEET TO THE PLACE
OF BEGINNING AND CONTAINING 7,927 ACRES OF LAND, AND
WHICH 7.927 ACRE TRACT 15 IMMEDIATELY ADJACENT, ABUTTING
AND CONTIGUOUS TO THE SOUTHWESTERNMOST BOUNDARY LINE OF
TRACT A ABOVE DESCRIBED DY METES AND BOUNDS.
THE STATE OF TEXAS Q
COUNTY OF NUECES
THIS AGREEW NT, MADE AND ENTERED INTO THIS THE DAY OF
1972 , BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY"" AND Pat
McDonough, Jr. OF Nueces COUNTY, TEXAS, HEREIN-
AFTER CALLED LESSEE,
W 1 T N E S S E T H:
THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE
UNTO THE SAID Pat McDonough, Jr. THE FOLLOWING DESCRIBED PREMISES,
TO -WIT:
TRACT 3
(of Rand Morgan Purchase)
FOR A TERM OF five (S) YEARS BEGINNING August 16, 1972
AND ENDING August 1$ , 19_17 , SUBJECT TO THE FOLLOWING CONSIDERATION,
COVENANTS AND CONDITIONS, TO -WIT:
1. THE LESSEE IS TO PAY THEREFOR 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
THEREOF IS SOLD IN THE FIELD WITHOUT HARVESTING COST TO HIM
THE RENT WILL BE DNE -THIRD OF THE PROCEEDS OF SUCH SALE IN-
STEAD OF ONE - FOURTH.
FOR ALL ACRES TO BE PLANTED IN FEEDS 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 EXPENSES BUT THAT LESSEE SHALL BEAR THE EXPENSE DF COM-
BINING 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 none DOLLARS
)2 BEING A TOTAL YEARLY CASH BONUS OF
none DOLLARS ($ ),PAY-
ABLE IN ADVANCE AS FOLLOWS:
Z. 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 PORTION
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
-2-
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
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, 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 INJURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS.
8. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PRE-
MISES BEING LEASED BY HIM. -
-3-
9. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTES, AND SHALL KEEP THE SAID PREMISES
IN GOOD REPAIR AT HIS OWN EXPENSE, AND AT THE END OF THE EXPIRATION OF THE
TERM OF TENS LEASE, SHALL DELIVER UP THE DEMISED PREMISES IN AS GOOD ORDER
AND CONDITION AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
IO. 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 PREMIT MALT, VINOUS OR ALCOHOLIC
BEVERAGES 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 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,
r •
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, WHO54ALL 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 4HICH ARE NOT LOCATED ON SAID 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
1g 72
THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
LESSOR
ATTEST:
ITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
16th DAY OF August , 1972
CITY ATTORNEY PAT MCDONOUGH, JR.
LESSEE
8/16 /72:PSLM:e
•
THE STATE OF TEXAS X
COUNTY OF NUECES X
THIS AGREEMENT, made and entered into this the day of
, 1972, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City ", and Pat
McDonough, Jr., 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 Pat McDonough, Jr. the following described premises,
to -wit.,
TRACT "A"
THE NORTHERN 262.13 ACRES EXTENDING VIESTWARD FROM
THE ENTRANCE ROAD (FORMERLY STATE FIJI 7y63), FRONTING
ON STATE HIGHWAY 44, APPROXIMATELY 52170 FEET HAVING THE
WEST LINE IDENTICAL WITH THE WESTERN BOUNDARY OF THE
RAND MORGAN TRACT EXTENDING SOUTHWARD APPROXIMATELY
1000 FEET TO THE NORTHERN BOUNDARY OF THE HIGH INTENSITY
APPROACH LIGHTING CORRIDOR AND EXTENDING ALONG SAID
NORTHERN EDGE OF SAID LIGHTING SYSTEM CORRIDOR TO THE.
NORTH RIGHT OF WAY LINE OF THE CITY'S 48" WATER SUPPLY
LINE;
THENCE EASTWARD OF SAID RIGHT OF WAY LINE A DISTANCE
OF APPROXIMATELY 950 FEET TO THE DRAINAGE DITCH
EXTENDING IN A NORTHERLY DIRECTION)
THENCE WITH SAID DRAINAGE DITCH TO A LINE PARALLEL WITH
THE CENTERLINE OF RUNWAY 13 -31 AND APPROXIMATELY 2200
FEET NORTHEAST THEREOF;
THENCE ALONG SAID PARALLEL LINE APPROXIMATELY 1550
FEET TO A POINT FOR THE SOUTH CORNER;
THENCE 750 FEET TO A POINT 2600 FEET FROM THE SOUTH
BOUNDARY LINE OF HIGHWAY 44 ON THE WEST EDGE OF SAID
ENTRANCE ROAD;
THENCE ALONG THE WEST EDGE OF SAID ROAD 2600 FEET TO
STATE HIGHWAY 44,
SAVE AND EXCEPT AN ACCESS ROAD AND SERVICE AREA TO
APPROACH LIGHTING SYSTEM APPROXIMATELY 2000 FEET
EAST OF THE WEST LINE OF THE RAND MORGAN TRACT
RUNNING SOUTH TO A SERVICE AREA FOR SAID LIGHTING
SYSTEM; AND EXCLUDING THE DRAINAGE DITCH AREA EXTEND-
ING ACROSS THE F. B. SECHRIST TRACT.
For a term of five (5) years beginning August 16 ,
1972, and ending August 15 , 1977, subject to the
following consideration, covenants and conditions, to -wit:
if0
I• •
1. All acreage shall be planted in grain crops, and Lessee
agrees to pay a share rental of one -third (1/3) of the value of such grain
crops, or $13.60 per acre of the total acreage leased, whichever is greater.
It is agreed that City shall pay one -third of the hauling expense for
harvesting said grain crops, and said Lessee shall pay two- thirds of such
hauling expense, but that Lessee shall bear the expense of combining such
grain. Lessee shall give notice to the City that such crops are being
harvested.
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 PORTION
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.
5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACTy 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 USEj 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
-2-
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, 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 INJURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS.
8. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PRE-
MISES BEING LEASED BY HIM.
9. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTES, 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 AS GOOD ORDER
AND CONDITION AS SAME ARE NOW IN) NATURAL WEAR AND TEAR AND DAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
10. THE LESSEE AGREES NOT TO USE SA 10 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 PREMIT MALT, VINOUS OR ALCOHOLIC
BEVERAGES 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 RE.IUIREMENTS 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 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 OETA IN, FOR THE ACCOUNT OF THE LESSEE, WHO SHALL 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 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
ATTEST:
THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY BY
CITY MANAGER
APPROVED AS TO LEGAL FORM THIS LESSOR
DAY OF , 19_:
CITY ATTORNEY PAT McDONOUGII, JR.
LESSEE
8 /16 /72:MI,1;e
THE STATE OF TEXAS X
COUNTY OF NUECES X
THIS AGREEMENT, made and entered into this the day of
1972, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City ", and Pat
McDonough, Jr., 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 Pat McDonough, Jr. the following described premises,
to -wit:
A 107 -acre tract of land, more or less, designated as Tract B
on the map of Airport Farm Leases which is attached hereto and
made a part hereof;
For a term of five (5) years beginning August 16
1972, and ending August 15 1977, subject to the
following consideration, covenants and conditions, to -wit:
1. All acreage shall be planted in grain crops, and Lessee
agrees to pay a share rental of one -third (1/3) of the value of such grain
_ crops, or $13.60 per acre of the total acreage leased, whichever is greater.
It is agreed that City shall pay one -third of the hauling expense for
harvesting said grain crops, and said Lessee shall pay two- thirds of such
hauling expense, but that Lessee shall bear the expense of combining such
grain. Lessee shall give notice to the City that such crops are being
harvested.
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 PORTION
THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING.
4. IT IS FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND
ACCURATE. BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE
C]
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
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 TD 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, 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 INJURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS.
.6. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PRE-
MISES BEING LEASED BY HIM.
-2-
•
•
9. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTES, 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 AS GOOD ORDER
AND CONDITION AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
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 PREMIT MALT, VINOUS OR ALCOHOLIC
BEVERAGES 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 PREMISE5 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 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,
-3-
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 MALL 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 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
THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
LESSOR
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF , 19_:
CITY ATTORNEY PAT McDONOUGH, JR.
LESSEE
0
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE��DAY OF , 19_72-,, BY THE
FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE DAY OF 19 -, BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE /�,2piyiJ�
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH QP
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINAhICE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE. °Qti DAY OF Q51 „ems 19� BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL iir
ROBERTO BOSQUEZ, M.D. GLr
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS
THE a O ,.oA of 19 .
ATTEST:
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CITY $ELBE ARY MAYOR
THE CITY 0/CO HRISTI, TEXAS
AP ED: ► -�'
DAY OF , 19�
CITY ATT RNE
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