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Home My WebLink About12814 ORD - 09/24/1975e:9/24/75 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH GEORGE HOELSCHER COVERING APPROXIMATELY NINE (9) ACRES OF LAND,LOCATED AT THE MUNICIPAL SERVICE CENTER, FOR FARMING AND AGRICULTURAL PURPOSES, FOR A PERIOD OF ONE (1) YEAR WITH OPTION TO RENEW FROM YEAR TO YEAR THERE- AFTER, ALL AS IS MORE FULLY SET FORTH IN SAID LEASE AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he hereby is, authorized to execute, for and on behalf of the City of Corpus Christi, a lease agreement with George Hoelscher covering approximately nine (9) acres of land, located at the Municipal Service Center, for farming and agricultural purposes, for a period of one (1) year with an option to renew from year to year thereafter. A copy of said lease agreement, in substantially the same form, is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. That the necessity to authorize the execution of the above described lease agreement at the earliest possible date so that plans may proceed in an orderly manner creates a public emergency 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the -lay of September, 1975. ATTEST: 4Sceta_.r-y-e C y MAYOR APPROVED: THE CITY OF CORPUS CHRISTI, T 24th DA F E EMBER, 1975: $ Attorney 12814 THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF , 19_75 , BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY ", AND George Hoelscher , OF Nueces COUNTY, TEXAS, HEREIN- AFTER 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 George Hoelscher THE FOLLOWING DESCRIBED PREMISES, TO -WIT: All that certain lot, tract or parcel of land lying and being situated in the County of Nueces, State of Texas, and being described as follows, to -wit: A tract of land out of Lot 5, Block 3, BOHEMIAN COLONY LANDS as shown on the map or plat thereof in Volume A, page 48, Nueces County Map Records, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the Northeast right -of -way line of the Texas - Mexican Railroad N.A.S. Spur, said point being N. 29 deg. 01' 18" E., 20.0 feet and S. 61 deg. 30' E., 1415.0 feet from the Southwest corner of said Lot 5, for the Southwest and beginning corner of the tract herein described; THENCE N. 29 deg. 01' 18" E., with the Southeast line of the M. B. Roddy Tract, a distance of 819,69 feet to a point for the Northwest corner of the tract herein described; THENCE S. 61 deg. 30' E., a distance of 518.60 feet to a point for the Northeast corner of the tract herein described; THENCE S. 29 deg. O1' 18" W., with the Northwest line of the City of Corpus Christi tract, a distance of 819.69 feet to a point in the Northeast right -of -way line of said N.A.S. Railroad Spur for the southeast corner of the tract herein described; THENCE N. 61 deg. 30' W., with the Northeast right -of -way line of said N.A.S. Railroad Spur, a distance of 518,60 feet to the point of BEGINNING, containing 9 acres of land, more or less. for a term of one (1) year beginning October 1, 1975 and ending September 30, 1976, with an option to renew from year to year thereafter, subject to the following consideration, covenants and conditions, to -wit: (a) The consideration for this lease, to be paid by Lessee, is one -third (1/3) of the gross crop, with a minimum annual guarantee of One Hundred Fifty -three Dollars ($153.00). 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. It. 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. j. 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 SAVE SUBJECT TO THIS LEASE AND DEMANDS IMMEDIATE POSSESSION, THEN THE LESSEE AGREES TO VACATE AND GIVE POSSESSION AT ANY TIME WITHIN SjXty (60) 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 50 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 $x.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 SC MADE SHALL BE IN PROPORTION TO THE TENANT'S SHARE OF THE CROP UNDER THIS LEASE, LESS HARVESTING COSTS. %. 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 TD REPLACE ALL SUCH LINES INJURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS. 8. THE LESSEE AGREES TO PAY FOR ALL UTi_ITiES USED AT THE PRE- MISES BEING LEASED BY HIM. -z_ 9. THc LES °EE AGREES THAT HE BILL TAKE GOOD CARE OF THE PROPERTY AND ITS APPURTENANCES, AND SUFFER NO WASTES, ANC SHALL KEEP THE SAID PREMISES IN GCOO REPAIR AT H!E OWN EXPEIISE, AND AT THE END OF THE EXPIRATION OF THE TERM OF TPIS LEASE, SHALL CLL,`rER 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. ��• THE LESSEE SHALL NOT PREMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES ON THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE SUCH WCULD 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 ;MPOSEED BY THE HEALTH, SANITATION AND POLICE DEPART- MENTS OF THE CITY, FOR TPE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE. 33• THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE.P.URPOSE OF INSPECTING THE SAME IN ORDER TO DETEPMINE WHETHER THE TERMS OF SAID Lc ASE ARE BEING OBSERVED AND CARRIED OVT. 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 DIISCRETION, 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 PENT THEY MAY O °TA IN, E'OR TkE ACCO,�N! 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 DR 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 September , 19 75 . THE CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER ATTEST: LESSOR CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY of September , 19 75 : I y t orney LESSEE CORPUS CHRISTI, TEXAS .1 zzla DAY OF 0.11 � 9%S TO THE MLt,4ERS OF THE CITY COUNCIL COPPUl CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING 000 NANCE, 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS- THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO OE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE CLONING VOTE: JASON LuaY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE