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HomeMy WebLinkAbout15170 ORD - 10/17/1979AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE A 140 -ACRE TRACT OF LAND IDENTIFIED AS TRACT "2" AT THE INTERNATIONAL AIRPORT TO MR. BENNIE GALLAGHER FOR A TERM OF THREE (3) 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 $20.00 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 140 -acre tract of land identified as Tract "2" at the International Airport to Mr. Bennie Gallagher for a term of three (3) 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 $20.00 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. 15170 MICROFILMED AUG 2 81960 THE STATE OF TEXAS 1 COUNTY OF NUECES THIS AGREEMENT, made and entered into this the /7 day of , 1979, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and for. Bennie Gallagher, of Nueces County, Texas, hereinafter called Lessee, WITNESSETH: The City of Corpus Christi does by these presents lease and demise unto the said Bennie Gallagher 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 "2" containing 140 acres more or less subject to measurement, for a term of three (3) years beginning August 16, 1979, 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: (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 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 L5.4.1 /6 //+... 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 $20.00 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 (15),days after receipt of notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, -2- 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 t•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. -3- 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 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. 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 Mr. Bennie Gallagher International Airport P.O. Box 10254 Rt, 2, Box 902 Corpus Christi, TX 78410 Corpus Christi, TX 78410 -4- WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the 1979. day of , THE CITY OF CORPUS CHRISTI, TEXAS By ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF , 197.9: J. BRUCE AYCOCK, CITY ATTORNEY By City Attorney Director of Finance - 1 City Manager LESSOR BENNIE GALLAGHER LESSEE LESSEE • ' ' "'tot fbt Peres/ n; . Para./ 7C t • G` Q" ‘‘‘V. vp(Iplerri Ai A 1,4. ;IT . Pater/..L /.f JI rP+/nL *444 PoreWilloM CI‘ . C ., . i v:c.L I .2, l•i • CO.Qr'IJS Cdg, sr/ /NtC4'4r'ON.Ic...1/.1p0.'Y /oROPos6o 4`/PAds/oi✓ Or+!./4R.wNIP.. /D'P.d,eC6c /1Af' t. 1 Sb+cir/� boob v;(.oc\ . io/er//.,d r Prnr/n/./sw '11 Aar./ elo That the foregoing ordinance was read second reading on this the /2 day following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for iejsecgnd time ap�l passed to its third reading on this the day �x/.�lv , 191/ bythe following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordina a read for the third time and passed finally on this the /1f day of er,R,,,,,k , 19 19 , by the following vote: st me and passed to its for0 Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the /7 day of 0�,t, , 19%y ATTEST: 'City Secretary — MAYOR THE CI " OF CORPUS CHRISTI, TEXAS APPROVED: (>-' DAY 0 19: J. BRUCE AYCOC , CITY ATTORNEY r By Assistant Cif torney 1 5170 PUBLISHER'S AFFIDAVIT { L STATE OF TEXAS, ss: County of Nueces. ' ...fit1 Before me, the undersigned, a Notary Public, thi'day'personally carne Elma Rodela , who being first duly sworn, according cording to law, says that he is the Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, y Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of 9 Public Notice Notice is hereby given that_the City Council of the City of Corpus Christi.. Corous Christi Caller -Times of which the annexed is a true copy, was published in on the._.26._ clay of September consecutive 1 Times $20,30 19 709, and once each Xh`ule^r'YI sDftf3C O�kXkr Elma Rodela Accounting Clerk-' Subscribed and sworn to before me this 28th day of `September Lois Winn tN 19..79.. Notary lsublic, Nueces County, Texas I PUBLISHER'S AFFIDAVIT STATE OF TEXAS, }ss: County of Nueces. Before me, the undersigned. a Notary Public, this day pernal]y came Elma Rodela, who being first duly -sworn, according to law, says that he is the Accounting Clerk 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 Public Notice Notice is herebypiven that the City Council of the City of Corpus Christi „;, oewhich the annexed is a true copy, was published in Cornus Christi Caller -Times on the_ 17th day of September 19 79, and once each Xb1TafY19=1C. consecutive 1 Times 820. Subscribed and sworn to before me this Elma Rodela Accounting Clerk 21 _.day of..September Lois Winn q% r(Jv Notary public, Nueces County, Texas 19 79 — _ PUBLIC NOTICE Notice is hereby given that the City C onCi) of the City of Corpus CIirish Has,,on the.19th day of September. 1979, approv ed on second reading,jtaving pre01os jy approved On first reading on the 12th d,y of Sep- tember, 1979, an ordinance au= thorizing the City Manager to lease a 140-acre tract of Jand identified as Tract "2" at the In- ternational Airport to Mr. Ben- nie Gallagher for a term of three (31 years ata share rental of one-fourth ('/a) of ail cotton and seed and one-third (L91 of the grain crops with a min- imum annual guarantee of 520 OD per acre The full text of said ordinance is available to the public in the Office of the City Secretary, WITNESS my hand ihls 20th day of September, 1979. -s-Bill G Read City Secretary Corpus{hristl, Texas 1