HomeMy WebLinkAbout14014 ORD - 11/09/1977 (2)• JKH:vp:10 /4/.77:1s:t. •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO LEASE A 174 -ACRE
TRACT OF LAND IDENTIFIED AS TRACT "C" AT THE
INTERNATIONAL AIRPORT TO MR. TOMMY M. BERNSEN FOR
A TERM OF FIVE (5) YEARS AT A SHARE RENTAL OF ONE -
FOURTH (1/4) OF ALL COTTON AND SEED AND ONE -THIRD
(1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL
GUARANTEE OF $47.00 PER ACRE, ALL AS MORE FULLY
SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED
HERETO AND MADE A PART HEREOF FOR ALL PERTINENT
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be, and he is hereby authorized
and directed to lease a 174 -acre tract of land identified as Tract "C" at
the International Airport to Mr. Tommy M. Bernsen for a term of five (5)
years at a share rental of one - fourth (1/4) of all cotton and seed and one -
third (1/3) of the grain crops with a minimum annual guarantee of $47.00
per acre, all as more fully set forth in the lease agreement, a substantial
copy of which, marked Exhibit "A ", is attached hereto and made a part
hereof for all pertinent purposes.
14014
MICROFILMED
JUL 0 71980
JKH:vp:10 -4 -77 ,.
•
THE STATE OF TEXAS
COUNTY OF NUECES j
THIS AGREEMENT, made and entered into this the day of
, 1977, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City ", and Tommy and
Maurice Bernsen dba Bernsen Brothers, 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 Bernsen Brothers the following described premises, to -wit:
That certain parcel of land on the Airport, shown on
the plan or sketch attached hereto, marked Exhibit
"A" and hereby made a part hereof, the said parcel
being more particularly described as Agricultural
Tract "C" being a portion of Guaranty Title Trust
tract containing 174 acres more or less subject to
measurement,
for a term of five (5) years beginning August 16, 1977, and ending August
15, 1982, 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:
Cal 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 one -third of the proceeds
of such sale instead 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 said
leased premises in Sudan, Rhodes Grass or any other feed
C,
•
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 $4.00 per acre
per year for hauling expense and combining all grain
crops. Lessee shall give notice to the City that such
crops are being harvested.
(b) Or, Lessee agrees to pay therefor as rental a
yearly cash guarantee of $47.00 per acre, whichever is
greater.
(c) Said rent shall be paid to the Airport Manager
acting as City's agent for the collection of rentals
payable annually following crop harvest.
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
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 C15) days after receipt of notice to vacate.
Should it become necessary for Lessee to vacate in case of a sale or lease,
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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 premises
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 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 beverages
on the demised premises.
. 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.
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0 .1-11 '.
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 reenter 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 relet 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 shall rake 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.
17. Any notice or other communication from either party to the
other in regard to this agreement shall be deemed sufficiently given if
sent by' certified mail, with postage and fees paid addressed to the party
intended, at the following address:
Airport Manager Bernsen Brothers
International Airport Rt. 4, Box 310
Rt. 2, Box 902 Robstown, Texas 78380
Corpus Christi, Texas 78410
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WITNESS the execution hereof in duplicate originals, each of which
is to be considered as an original, this the day of ,
1977.
THE CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
ATTEST:
LESSOR
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1977:
J. BRUCE AYCOCK. CITY ATTORNEY
By -
City Attorney BERNSEN BROTHERS
4r,4 � rector of F nce d LESSET-
LESSEE
That the foregoing ordinance wa read far a first time and passed to its
second reading on this the s day of�, 19 % 9 by the
following vote:
Jason Luby
Eduardo de Ases dul
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
That the foregoing ordinance was read fF the second time and passed to its
third reading on this the_IaO- day o to 1g +n_, by the
following vote:
Jason Luby
Eduardo de Ases t.
David Diaz UIA
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample 1;
That the fore ing ordin a was rgead for the third time and passed finally
on this theT_day of ftai,,14AA— , 19?2_, by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
PASSED AND APPROVED, this the / _
/� day of
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
AP ED:
DAY OF , 1977
J. BRUCE AYCOCK, CITY /ATTORNEY
'I
By
Assistant City 'Attorney
This ordinance is in effect and
force with or without the
signature of the Mayor, in
accordance with Article II
Section 6 of the City Charter.
JL40i4
/Dj ')
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, 1
County of Nueces. f
Before me, the undersigned, a Notary Public, this day personally
who being first duly sworn, according to law, says that he Is the
._..._ ........ - ----- of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
.LFGAL,S --11 TLCE..re z��� on mgr 1�mu•_Dpv.OE�Cmn__AIB, 17_„1, ACRE
TRACT OF LAND IDENTIFIED AS TRACT "C" AT THE INTERNATIONAL AIRPORT...
of which the annexed is a true copy, was published in _____• -•. �- }ems- Times —� - --
on the. 17 day of -- - -- Q �tS?�2� 7P c _ 191:Z.,
Subscribed and sworn to before me
Eugenie S. Co:
-- Fusuc WdTFU
Notice Is hereby given that'
the City Council of The City of
Corpus Christi has, on the lnfi
day of October, 1477 approved
M second reading an ordinance
mdtto Izing the City Manager's
lease a 1744cre tract of land
Identified as Trod "C° at the,
International Airport to Ms...
Tommy M. Bernse m
n for a ter
of five (s) yearn at a share rent-
al of one-fourth ( W) of all cation
and seed and onethird VW of
the grain crops with a min-
imum annual guarantee of
SV.gg per acre, This ordinance
was approved on first reading
on the Full tes"- day of
available to the public In the 01
fice of the Clty Secretary.
Witness my hand this em day!
lof October, 1471.
i-Blll G. Reed, i
City Secretary
Corpus Christi, Texas
PUBLISHER'S AFFIDAVIT
STATE: OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
_91-ulfi jDArma ......... . . who being first duly sworn, according to law, says that he Is the
- - --- - --- - ------ — --------- Of the Corpus Christi Caller and The Corpus Christi Times,
Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
LECALS...APFROVE __ J kN _FIRST READING A ' N - 0 ' fG)IANCE AUTHORIZING THE CITY 14ANAGER
EA IMNFIfIE�) P TRACT 11CIT ....
TO LEASE A 174- ACRE TRACT OF WE
of which the annexed is a true co py. was pubHshed in
_.jjpr�, a
on the day of. .........
conewdive-_ . . ............ .
1 __Times.
Arun bA_ - 0-v__ --Azu bm==g —
Subscribed and sworn to before me this...__19--day of October ... 19. 77
?
Eugenia S. Cortez
Publi Nu�e.m County, Texas _5
PUBLK NOTICE
Notice Is hereby 9-fen that
the City Coundl of the City of
Corpus Christi has on the 5Th
day of October, 1477 pp` ad
on first reading an - nance
authorizing the City Ma er to
lease a 174 -ave tract land
Identified as Tract "C" t the
International Airport t Mr.
Tommy M. RnMihol' n for term
of five (5) ya s rent-
al of onedor e I cation
end seed an (Va) Of
the green crops with a min -
Imum annual guar tee of
a47.gg Per acre.Shelul4 text of
this ard(nenca is available to the
public In the Office of the City
Secretary.,
__VYltness my hand this
of October, 1977. -5-SIP G. Read,
Ghr Secretary
' -
Corpus CIVl5T1, Tetras