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HomeMy WebLinkAbout020992 ORD - 09/25/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF A FARMING LEASE AGREEMENT WITH JOHN H. KELLY AND/OR JAMES P. KELLY FOR A PARCEL OF LAND ON CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a farming lease agreement with John H. Kelly and/or James P. Kelly for a parcel of land on Corpus Christi International Airport, and approving a rental fee of either a designated dollar portion of the crop harvested from the acreage or a guaranteed $20/acre per crop year, whichever is greater, all as more fully set forth in the farming lease agreement, a substantial copy of which is attached hereto as Exhibit A. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ORD-RES\90112 FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of 1990, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and John H. Kelly of Nueces County, Texas hereinafter called Lessee, WITNESSETH: The City of Corpus Christi does by thes demise unto the said John H. Kell described premises, to wit: presents lease and P 'the following litztt That certain parcel of land on the Airport, shown on the plan or sketch attached hereto, marked Exhibit "A" and described in Exhibit "B" and made a part hereof, the said parcel being more particularly described as Agricultural tract(s) 6 containing 199,586 acres more or less subject to measurement ("Premises"), for a term beginning November 1, 1989, and ending August 14, 1992, effective sixty days after execution of this Lease Agreement, subject to the following consideration, covenants and conditions, to wit: 1. The Lessee is to pay therefor the following rental and cash bonus as follows: (a) The consideration for this lease, to be paid by Lessee, is one-fourth of all cotton and seed raised on Premises, 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 of 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 Premises 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 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 yearly cash guarantee of $20.00 per acre, (199.6 x $20.00 $3992.00), which ever is greater. -1- a (c) Said rent shall be paid to the City of Corpus Christi Aviation Department, acting as City's agent for the collection of rentals payable annually following crop harvest. 2. It is understood and agreed that the 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 with out prior written consent of the City. 3. Lessee agrees not to sublet the Premises or any portion thereof without the prior written consent of the City. 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 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 lease, including notices to the City, shall be by and to the City Manager or a person designated by him. 6. Lessee agrees that he will pay for any and all damages to any utility lines, fences or equipment located on said Premises which may be incurred by his farming or agricultural operations or to replace all such property damaged or destroyed as a result of his agricultural operations. 7. Lessee agrees to pay for all utilities used at the Premises. 8. Lessee agrees that he will take good care of the Premises 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 Premises in as good order and condition as same are now in, natural wear and tear and damage from the elements only excepted. 9. Lessee agrees not to use 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 Council of the City of Corpus Christi, Texas, for the operation of the Premises. 10. Lessee shall not permit the sale of malt, vinous or alcoholic beverages on the Premises. 11. Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said Premises, and all orders and requirements imposed by the -2- Aviation, Health, Sanitation and Police Departments 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. 12. City reserves the right to enter the 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. 13. Lessee further agrees that in case of any default in any of the covenants and conditions of this lease, the City may enforce the performance 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 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. 14. 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 operation of the Premises. 15. The City shall have the right at any and all times of ingress, egress and regress on and over Premises for the purpose of conducting and carrying on any business incident to other activities of the said City. 16. Any notice or other communication from either party to the other in regard to this lease shall be deemed sufficiently given if sent by certified mail, with postage and fees paid addressed to the party intended, at the following address: Director of Aviation c/o C. C. International Airport 1000 International Drive Corpus Christi, TX 78406 -3- John H. and/or James P. Felly Route 3 Box 488 Corpus Christi, TX 78415 17. ALL COSTS OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. 18. The terms of the lease shall be binding upon the heirs, executors, administrators, and assigns of the Lessor and Lessee. 19. The Lessee and its successors and assigns, will not make or permit any use of the Premises which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard. This includes such items as electrical or electronic interference with communications, electrical or electronic equipment, creation of smoke or dust or glaring or misleading light, or create an attraction to birds which would create a hazard to air control. 20. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolutions and actions of the City of Corpus Christi, Texas, constituting agreements between the City and the United States of America and its agents including, but not limited to, the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option. 21. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft, or interfere with the operations of the Airport. 22. Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said Premises, (b) that in the construction of any improvements on, over, -4- such Premises and tf:rnishing of services the -scan, no pees= cn he ieands of race, color, or netlemal ai _gin iedel from participation ir-, denied the henefits h e 'ise be subjectod to di s rirninari. n that the Le:sem shall t:,_ the ises in compliance with all other requirements i -posed by or pursuant to 49CFR Part 21, Nun discrimination Federally Assisted Programs cf the Department of Transportat ,n, and as said Regulations be amended. 23. That in the VnL.t of -ach of any of the preceding non-discrimination covenants, the City of Corpus Christi shall have the right to t urinate the license, lease, permit, etc., and to re-enter and repossess said Premises and the facilitico thereon, hold the same as if said lease had never been made or iss_ d. 24 Lesser rescir:es the right to use said Premises for Airport development purposes, in which event Lessor shall give Lessee sixty (60) days advance written notice at the end of which Lessee shall deliver up the Premises in good order and -nndirion. natural tear and damage from the elements excepted. 25. This lease of the Premises described herein is made and accepted subject to the levy and assessment of ad valorem taxes that may be made en sail Prerises during the term of this lease, for which the abdication of payment is hereby assumed by Lossee. +TT*1F.95 hF� execution tercet. llrpl 1 a' -n originals, each of which is to be considered as an origin >' and effective 60 days from date f final adoption by the Council ^P^, Fars Lease THE CITY OF CORPUS CHRISTI, TEXAS By: Juan Garza, City Manager LESSOR ATTEST: APPROVED AS TO LEGAL FORMTHIS 8 DAY OF , ,4tlyw�'�' City Secretary 1990, HAL GEORGE, CITY ATTORNEY APPROVED: George D. Hext Director of Aviation BY: yl Alison Ga1l(away Asst. City Attorney n H. Kelly j/ LESSEE LESSEE DAY OF 1990. -6- er "140 r 977955A r 70, -a sit' ce /< ars: pa./hiJ Lc 7h/5 MOO n 'E e'rences.' Go/ume /77/. /9 /53 l s1un7e 9.19, P:. 0/7 F,7e .✓o. 9csa7, %'c/<c-es acro/y, Tons ik4i.Pcc-pre/5. No? of o Porion or TRACT 6 MARGARET KELLY LANDS L},-ATrence: /'a/ume B, Pace po Alco ,P<cordJ Nueces coo-ily; 72x. .5c0 ,s f.11 4raPh,� C/4/ gT COPAL'S c, ri;/i E?9t,eerin9 .0/P 41 -</C/7 "LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St. Farm Rd. 763) (KP11..) EXHIBIT A 7 FARMING LEASE AGREEMENT (Corpus Christi International Airport) Exhibit B Field notes for a 199.586 acre tract of land out of Tract 6, Margaret Kelly Lands, as shown by map of record in Volume 8, Page 40, Map Records, Nueces County, Texas and located approximately 6.5 miles southwest of the County Courthouse in Corpus Christi, Texas, said 199.586 acre tract being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the southwest corner of said Tract 6, for the southwest and beginning corner of the tract herein described; Thence due North, with the east line of Tract 7, said Margaret Kelly Lands, and with the west line of said Tract 6, a distance of 1892.46 feet to a 1" iron pipe in the arc of a curve, the southeast right of way line of Joe Mireur Road (State Highway No. 763) for the northwest corner of the tract herein described; Thence in a northeasterly direction with the southeast east right of way line of said Joe Mireur Road and with the arc of a curve to the left whose central angle is 13°58'08", whose radius is 1100.00 feet, and arc distance of 268.16 feet to a 1" iron pipe for the P.T. of said curve, and a corner of the tract herein described; Thence N.46°47'40"E., still with the southeast right of way line of said Joe Mireur Road, a distance of 797.46 feet to a 1" iron pipe in the most westerly corner of a 4.576 acre tract conveyed to the city of Corpus Christi by John Kelly, et al and recorded in Volume 1721, Page 153, et seq., Deed Records, Nueces County, Texas and for a corner of the tract herein described; Thence S.43°11'05"E., with the southwest line of said 4.576 acre tract, a distance of 498.31 feet to a 1" iron pipe its most southerly corner thereof and for an interior corner of the tract herein described; Thence N.46°47'40"E., with the southeast line of said 4.576 acre tract, a distance of 400.00 feet to a 1" iron pipe in its most easterly corner thereof, for an interior corner of the tract herein described; -8- Thence N.43°11'05"W., with the northeast line of said 4.576 acre tract, a distance of 498.31 feet to a 1" iron pipe in its most northerly corner thereof and in the southeast right of way line of said Joe Mireur Road for an interior corner of the tract herein described; Thence N.46°47'40"E., with the southeast right of way line of said Joe Mireur Road, a distance of 346.01 feet to a 1" iron pipe for a corner of the tract herein described; Thence in a northerly direction with the arc of a curve to the left whose central angle is 38°59'40",whose radius is 1055.00 feet and with the southeast right of way line of said Joe Mireur Road, and arc distance of 745.34 feet to a 5/8" iron rod in the southwest corner of a .91 acre tract of land conveyed to Coastal Bend Fertilizer and Implement Company, Inc. by P. W. Kelly, et al by deed recorded in Volume 939, Page 412, et seq., Nueces County, Texas, Deed Records, for the most northerly corner of the tract herein described Thence S.82°12'00"E., with the south line of said .91 acre tract, a distance of 64.87 feet to a 1" iron pipe for a corner of the tract herein described; Thence S.43°11'05"E., a distance of 2100.97 feet to a 1" iron pipe in the west line of Tract 1, said Margaret Kelly Lands and in the east line of said Tract 6 for the most easterly northeast corner of the tract herein described; Thence due South with the east line of said Tract 6, a distance of 2191.92 feet to a 1" iron pipe in its southeast corner thereof and in the northeast corner of Tract 5, said Margaret Kelly Lands, for the southeast corner of the tract herein described; Thence due West with the south line of said Tract 6, the north line of said Tract 5, a distance of 3165.58 feet to the point of beginning; Containing 199.586 acres of land, -9- That the foregoing ordinance was read for the first time and passea to its second reading on this the 02,1 day of tzar* 6--, 19 QD , by the following vote: O,P Betty N. Turner 44Edward A. Martin ___744____ Cezar Galindo Joe McComb Leo Guerrero gG�ti Clif Moss Tom Hunt 4.Cp,' Mary Rhodes G Frank Schwing, Jr. That the foregoing ordinance was read to,its third reading on this the 19 , by the following vote: for the second time and passed day of / ' , /// / t i'f Betty N. Turner 14( Edward A. Martin x11 Cezar Galindo Leo Guerrero Tom Hunt j/? V Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the third time and passed finally on this the 11- day of :t"(;( /1i I i i , 19/k , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Ali /7 Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. PASSED AND APPROVED, this the day of ;,F.,,k.'7.'/li ATTEST: m /- Ci y Secretary APPROVED: A DAY OF LA J HAL GEORGE, CITY ATTORNEY 1950: Bye. /a��f .1k�i }�[t.UT cJa — Assistant Ci y Attorney 044 , 19 �c l C C7 f./�_ MAYOR THE CITY OF CORPUS CHRISTI PUBLISHER'S AFFIDAVIT State of Texas, ) CITY OF CORPUS CHRISTI County of Nueces ) ss: Ad #30527 PO # Before me, the undersigned, a Notary Public, this day personally came Rosie A. Mendez, who being first duly sworn, according to law, says that she is Advertising Receivables Supervisor of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO 70999 AUTHORIZING THE EXECUTION OF A which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 30th day of September 1990, One Time(s) $ 41.85 /i Advertising Receivables Supervisor Subscribed and sworn to before me this 1st day of October , 1990. 714 Notary Public, Nueces County, Texas My commission expires on V[11/21 OF PASS: ,F rpIDINANri Nn 20992 AUTHORI4Nli IEEE EXECU- TION OF A FARMING LEASE AGREEMENT WITH Ji,HN H. KELLY AND/OR JAMES P. KEI LY FOR A PARCEL OF LAND ON CORPUS CHRISTI INTERNATIONAL AIRPORT APPROVING A RENTAL FEE (DI EITHER A DESIGNATED DOLL 49 PORTION OF THE CROP HARVI.S rED FROM THE ACREAGE 09 A GUAR AN FEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER, AND PROVIDING FUR PUBLICATION The ordinance was posed [hid egproved on third read so by the Cty Council c( t t,. 'My of Corpus Chrau I e.ns on the 25t5 doy September, 1990 copy of the full toil of ordinance is available Io icy pcid e at no charge in the y of the City Secretary. PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #58082 PO # Before me, the undersigned, a Notary Public, this day personally came Rosie A. Mendez, who being first duly sworn, according to law, says that she is Advertising Receivables Supervisor of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 2ND day of September 1990. One Time $ 47.25 /KA_ j� Advertising Receivables Supervisor Subscribed and sworn to before me this 4th day of September, 1990. `id !L( 1 i. Notary Public, Nueces County, Texas My commission expires on NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OF A FARMING LEASE AGREEMENT WITH JOHN H. KELLY AND/OR JAMES P. KELLY FOR A PARCEL OF LAND ON CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUAR- ANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER; with the lease to extend from November 1, 1989 to August 14, 1992; AND PROVIDING FOR PUBLICATION. A copy of the full text of the ordinance is available to the public at no charge in the office of the City Secretary. The ordinance was passed and approved on second reading by the City Council of the City of Corpus Christi, Texas on the 28th day of August, 1990. /s/ Armando Chapa City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas, 1[ CITY OF CORPUS CHRISTI County of Nueces ss: Ad #68758 PO # Before me, the undersigned, a Notary Public, this day personally came Rosie A. Mendez, who being first duly sworn, according to law, says that she is Advertising Receivables Supervisor of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 26th day of August 1990. One Time $ 47.25 1110 Legh FOR PUBLICATION. A copy of the full text of the ordinance is available to the public at no charge in the office of the City Secretary. The ordinance was passed and approved on first reading by the City Council pf the Cay of Corpus :hristi. Texas on the 21st day of August, 1990. /s/ Armando Chirps City Secretary City of Corpus Christ. NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING ? HE EXECU- TION C.- A FARMING LEASE AGREEMENT WITH JOHN H. KELLY AND/OR JAMES P KELLY FOR A PARCEL OF LAND ON CORPUS CHRISM s INTERNATIONAL AIRPORT; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUAR- ANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER; with the lease to extend from November 1. 1989 to August 14, 1992 AND PROVIDING ( / r ' , T t . j Advertising Receivables Supervisor Subscribed and sworn to before me this 27th day of August , 1990. Lei(, Wit (tk'Yt)(t_ Notary Public, Nueces County, Texas My commission expires on NL:. ry My Gc'..