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HomeMy WebLinkAbout03138 ORD - 09/18/1951c AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER F& AND ON BEHALF OF THE CITY TO EXEOJTE A LEASE AGREEMENT WITH JOE H. BAKER LEASING TO SAID JOE H. BAKER A TRACT OF LAND CONTAINING 70.00 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT FOR AGRICULTURAL AND FARMING PURPOSES FOR A TERM OF ONE YEAR FOR AND IN CONSIDERATION OF ONE - FOURTH GROSS YIELD OF ALL COTTON AND ONE -THIRD GROSS YIELD OF ALL OTHER CROPS RAISED THEREON, ACCORDING TO THE TERMS:)/AND CONDITIONS CF SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. EE IT ORDAINED BY THE CITY COUNCIL OF THE CITY (IF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi, Texas be and he is hereby authorized and directed for and on behalf of the City to execute a lease agreement with Joe H. Baker, leasing to said Joe H. Baker a tract of land containing 70.00 acres out of the Flour Bluff and Encinal Farm and Garden Tract for agricultural and farming purposes for a term of one year for and in consideration of one - fourth gross yeild of all cotton and one -third gross yield of all other crops raised thereon, ac- cording to the terms and conditions of said lease agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. That the necessity of deriving revenue from city owned property immediately and until same may be used, in this instance, for park purposes to the benefit of permanent park improvements of the City of Corpus Christi, Texas, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution drall be, passed finally on the date of its introduction and that such ordinance or resolution shall be read -at "'three, several meetings of the City Council, and the Mayor, declaring such emergency and necessity to exist, having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its in- troduction and take effect and be in full force and effect from 3 �3o .�e and after the date of its paws /agep I IS CCO INGLY PASSED AND APPROVED, This the day of 1951. ATTEST: i ecre ary APPROVED AS TO , +GAL FORM-" (;3.tY AttornV -- CITY OF CORPUS CHRISTI, TEXAS Lease Agreement THE STATE OF T9US a i COUffr OF NUECES 4 This Agreement made and entered into this the day of August, 1951, by and between the City of Corpus Christi, Texas, a municipal corporation organized and existing under and by virtue of the laws of the State of Texas, acting herein by and through its duly aithorized City Manager, W. B. Collier, hereinafter called "City", and Joe H. Baker of Nueces County, Texas, hereinafter called "Lessee ", W 1 T N 8 S S E T H s The City of Corpus Christi, Texas, does by these presents lease and demise unto the said Joe H. Baker, Leasee, the following described premises, located and being situated in Nueces County, Texas, to -wit: A tract of land containing 70.00 acres, situated in Nueces County, Texas, on the waters of Oso Bay, an inlet or arm of Corpus Christi Bay, about 8 miles S 25 degrees E from the County Courthouse. Said 70.00 acres tract is in the ninon del Oso grant to Enrique Villareal, Abstract 1, and embraces a small portion of the north corner of Lot 1 in Fractional Section 29, and all of Lots 6, 7, and 8, the northeast portions of Lots 19, 20, and 21, and the unnumbered lot lying northeast of Lot 8 and southeast of Lot 5, in Fractional Section 17, all in the Flour Bluff and Encinal Farm and Garden Tract, all as more particularly described is that certain deed from L. C. Andrews, Trustee, to the City of Corpus Christi, recorded in volume 522, page 582, Deed Records of Nueces County, Texas, to which reference is hereby made for all pertinent purposes, for the term of one year beginning September 1, 1051, and ending August 31, 1952. The Lessee is to pay therefor as rental one = fourth (1/4) gross yield of all cotton and cotton seed, and one-third (1/3) gross yield of all seed and other crops raised upon such premises herein described during the term of this lease, which shall be delivered free of all cost at the market of Corpus Christi, Texas. The City's pro rata por- tion of all crops sold shall be paid to the City immediately upon sale of such crops by payment to the City Controller. It is understood that when the crops are harvested on the premises herein described that the Lessee shall give notice to the City Manager of the City that such crops are being harvested. ante: This lease is subject to the following conditions and coven— 1. It is understood and agreed that the leased premises are to be used for agricultural purposes only, and that premises'are not to be used for mW other purpose than these herein specified unless consented to by the City* in writing. 2. It is further understood that lessee shall keep a true and accurate book of accounts regarding all business matters pertain- ing to the above described cultivation of the premises hereby leased, and such said books shall be open to inspection by the City, repre. senttd:by the City manager and /or its Controller. 3. It is especially understood and agreed that the City may at any time by written notice repossess all or any part of the above leased premises for use as a park or for park purposes or in connec- tion therewith, and it is further understood and agreed that the City in the event of such repossession shall be authorized after mailing such said written notice by registered mail to enter upon and take pos- session of such premises as described herein, or any portion of such premises, and described in said notice. It is further understood and agreed that lessee's damgges in the event of such repossession shall be limited to the actual expenses of lessee in putting said premises in shape for planting; the labor, seed, if any, and tractor expenses used in the cultivation of said land and no damages shall be paid other than those herein enumerated; such amount of damages to be determined by three appraisers, one to be appointed by the City, one by the Lessee, Oland the iUrd to be appointed by the first two appraisers, and the sum arrived at by these appraisers shall be binding upon the parties;,he to. 4. Lessee agrees to pay for any and all damages to anyrutiE ty, r lines or equipment located on said land which may be incurred by hl farming or agricultural operations or to replace all of such 7'inesi�in —`. jured or destroyed asa result of his operationa. r 5. Lessee agrees not to sublet the leased premises;or any portion thereof without the consent of the City in writing, ie �s %f ''r 6. The lessee agrees that he will take good care of the property and its appurtenancess and suffer no waste, and shall keep the said premises in good repair at his own expense, and at the end or other expiration of the term of this lease, shall deliver up the demised premises in good order and conditions as same are now ins natural wear and tear and damage from the elements only excepted. 7. The lessee agrees to pay for all utilities used at the premises leased by him. 8. The City reserves the right to enter the said premises at any time during the existence of this lease for the purpose of in- specting the same in order to determine whether the terms of this lease are being observed and carried out. 9. Lessee agrees not to use said premises for any illegal or immoral purposes and agrees to conform to all of 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 for the operation of the leased premises. 10. The lessee shall not permit malts vinous or alcoholic beverages on the demised premises; and will not permit smoking in asap place where such would be 's fire hazard and will at all times display "No smoking" signs where designated by the City-Manager or City Fire Department. 7.1. The losses shall promptly execute and fulfill all the o3�di.- nances of the City of Corpus Christi applicable to said premises, and , all orders and requirements imposed by the Health, Sanitation and Police 'Departments, 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. The losses is to have the option to renew this lease at the expiration of said lease for such terms and consideration as may be agreed upon by the City. 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 ittorneys, shall have the right, without further notice or demand, to re —enter and remove all persons therefrom, without being deemed quilty of aqy manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or the City,, its agents or atforafe, may resume possession of the premises and relet the same for the remainder of the term at the best rent it may obtain, for the account of the lessee herein, who shall make good ary deficiency; and the City shall have a lien as security for the rental aforesaid, or any rent due and unpaid under said lease, upon all crops, moods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are now locatedon said premises or which may be placed on said premises by said lessee, which lien shall be cumulative of the statutory lien created by lax and in addition thereto. 111. The lessee shall store no materials or supplies in or about the said premises which will increase the fire hazard or in- stitute an unusual risk in that connection and Lessee shall at all times used the premises in such a manner as not to endanger the property leased. 15. Lessee agrees that in the event that death or injury .occurs to any person or loss, destruction or damage occurs to any property in connection with the maintenance, operations or repair of the leased' prei"", and the facilities csrBred hereunder, occasioned by the act or omission of the lessee herein, his agents or employees, the lessee agrees to indemnify and save harmless the City from and against any loss, expense, claims or demands to which the City nay be subject as the result of such demands# loss, destruction or damage. 16. The City shall not be responsible for damages to property or injury to persons which may arise incident to the exercise of the rights and privileges herein granted. 17. This contract contains provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. EXECUTED IN DUPLICATE, each with the force of an original, this the day of August, 1951- ATTEST: City Secretary APPROVED AS TO LEGAL FORK: y Attorney THE STATE OF TEXAS COUNTY OF MCBS THE CITY OF CORPUS CHRISTI, TEXAS By city Manager BEFORE VE, the undersigned authority, on this dap personal- ly appeared W. B. COLLIER, City tanager of the City of Corpus Christi, a municipal corporation, knocm to me to be the person and officer whose name is subscribed to the foraging 'nstroment, and acknowledged the same to be the act and deed of said City, and that he executed the same as the act and deed of said City for the purposes and con.. sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE, This the day of August, 1951. NOTARY PUBLIC in and for Nueces County, Texas THE STATE OF TEXAS L COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared A"ue „'+J ` known to me to be the person whbfat nacre is + subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of August, 1951. NOTARY 'PUBLIC in andfor Nueces County, Texas orpus Christi, Texas TO THE IMMERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemens For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension 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,, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, OR c- MI�YOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon Pn- George L. Lowman Q &-- The above ordinance was passed by the following votes Leslie Vasserman (Z AV_ Jack lieForrest Barney Cott z4= Sydney E. Herndon George L. Lowman 3138