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Home My WebLink About03312 ORD - 08/19/1952AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH JOE H. BAKER LEASING TO HIM SUCH TRACT OF LAND CONTAIN- ING 7— 005 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FOR AGRICULTURAL AND FARMING PURPOSES FOR THE 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, UNDER THE PROVISIONS OF SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF; 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 IS HEREBY AUTHORIZED FOR AND ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH JOE H. BAKER LEASING TO HIM SUCH TRACT OF LAND CONTAINING 70.00 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FOR AGRICULTURAL-AND FARMING PURPOSES FOR THE 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, UNDER THE PROVISIONS 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 SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUN- CIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASS- ED FINALLY ON THE DATE OF ITS INTRODUCTION, ADD THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIS4•, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS e ACCORDINGLY PASSED AND APPROVED, THIS THE �C/ —oar of AUGUST, 1952• TT T: CITY OF CORPUS CHRISTI CITY SECRETARY APP VED AS TO EGAL FORM: CITY ATTOCNEY -6!31 ;L LEASE AGREEIENT THE STATE OF TEXAS C01>t/TY OF MACES THIS AQREEDENT MADE AND CNTCSED INTO THIS TH:..�..OAY OF AUGUST, 195P, BY AND BETWEEN THE CITY Or CORPUS CHRISTI, TcxAss A MUNICI- PAL CORPORATION OROANtEED AND EXISTING UNDCR AND BY VIRTUC'OF THE LAWS Or THC STATC OF Tcus, ACTING NCRSIN SY AND THROUGH ITS DULY AUTHORtim ; CITY HANAG£R, W. B. COL_:ZR, - EREINAf7CR CALLCD "CITY ", AND JOE H. BAXEiiy Or NueGes COUNTY, TeAAs, "ZOEINArTER CALLED "Lessee", WITNESSETHs THE CITY OF CORPUS CHRISTI, TEXAS, DOES SY THE$C PR93ENTS LEASE AND 09MISC'UNTO THE SAID JOE H. BAKER, Lessee, THC FOLLOWING DESCRIB- ED PREMISES, LOCATED AND SEIKO 63TUATCO IN NUECCS COUNTY# TEXAS, TO• -WIT$ A TRACT OF LAND CONTAINING 70.00 ACRES# SITUATED IN NUECES COUNTY, TExAs, ON TIIC WATERS OF 090 BAY# AN INLET OR ARM Or CORPUS CHRISTI BAY, ASOUT S MILES ' S 25° C FROM THE COUNTY COURTHOUSE. SAID 70.00 ACRES TRACT IS IK THC RINCON OCL Of0 GRANT TO ENRIQUE VILLARRCAL, AOSTRACT 1, AND CMORACES A SMALL PORTION OF THE NORTH COSNER Or LOT 1, IN FRACTIONAL SECTION 29, AND ALL Or LOTS G, 7s AND 8, THE NORTHEAST PORTION$ OF LOTS 1% 20, AND 21, AND THE UNNUMOERED LOT LYING NORTHEAST or LOT 8 AND soUTHCAST OF LOT 5, IN FRACTIONAL SECTION 17, ALL IN THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT# ALL AS MORE PARTICULAR1.7 DESCRIBED IN THAT CER- TAIN DEED rROH L. C. ANDREWS, TRUSTCE TO THE CITY Of CORPUS CHRISTI# ACCORDED itl VOLUME•522, PAGE 582, DEED RECORDS. Or NUCCCS COUNTY, TEXAS, TO WHICH REFERENCE Is MCACBY ntADC FOR ALL PERTINENT PURPOSES# FDA THE TCRM Or ONE YCAR, BEGINNING SEPTEMBER 1, 19.rE, AND ENDING AUGUST 31s 1:53 - THE LESSEE IS TO PAT THEREFOR AS MENTAL ONC-rOURTH VA) am= YtELO Or ALL COTTON AND COTTON SCCD, AND ONE -THIRD (1/3) GROSS YICLO OF ALL See* AND OTHER CROPS RAISED UPON SUCH PREMISES HEREIN DESCRIBED DURING THE TERN OF THIS LE ASC# WHICH SMALL SE DELIVERED FREE OF ALL COST AT THE MARKET OF CDRPu$ CHRiSTI, TtxAs. THC CITY *$ PRO RATA PORTION OF ALL CROPS SOLD SHALL BE PAID TO THE CITY IMMEDIATELY UPON SALE Of suct, CROPS OY PAYMENT TO THE CITY CONTROLLER. IT Is UNDERSTOOD THAT WHEN THE CROPS ARC HARVESTED ON THE PREMISES M911e1N DESCRIBED THAI yHe Lessee SHALL GIVE NOTICE TO THE CITY MANAOCR OF THE CITY THAT SUCH CROPS ARE SEIKO HARVESTCD. m t THIS LEASE is SUBJECT TO THE FOLLOWING CONDITIONS AND COVEN - ANTS8 I• IT 16 UNDERSTOOD AND AQRSED THAT THE LEAI;ED PREMISES ARE TO sE USED FOR AARtCULTURAL PURPOSES ONLY, AND THAT PREMISES ARE NOT TO BE USED FOR ANY OTHER PURPOSE THAN THESE HEREIN SPEC FIFO UNLESS CGN- SENYED TO BY THE CITY :N WRITING. P. IT is ►URTIIit UNDERSTOOD THAT LESSEE 0I4ALL KEEP A TRUE AND ACCURATE {i00K OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE ABOVE OESCRIBED CULTIVATION OF THE PREMISES HERETT L•EASEO, AND SUCH SAID BOOKS SHALL BE OPZN TO INSPECTION BY THE CITY, RCPK%VIITED BY THE CITY MANAGER AKO/OR ITS ;QXTROLLER. 3• IT IS ESPECIALLY UNDERSTOOD AND AGREED THAT THE CITY MAY AT ANY TIME BY WRITTEN MOTICC REPOSSESS ALL OR ANY PART OF THE ABOVE LEASED PREMISES-FOR USE AS A PARK OR FOR PARK PURPOSES OR IN CONNECTION THEREWITH, AND IT is FURTHER UNDERSTOOD AND AGREED THAT THE CITY IN THE EVENT OF SUCH RE- POSSESSION SHALL BE AUTHORIZED AFTER MAILING SUCH SAID WRITTEN NOTICE BY REGIS- TERED MAIL TO ENTER UPON AND TAY,E.POSSESSION OF SUCi1 PREMISES AS DESCRIBED HERE- INS OR ANY PORTION OF SUCH PREMISESp AND OESCRIBED IN SAID NOTICE, IT IS PUR- ` THER UNDERSTOOD AND AGREED THAT LEBSEC*B DAuAOES IN THE EVENT OF SUCH REPOSSES- SION SMALL BE LIMITED TO THE ACTUAL EXPENSES OF LESSEE IN PUTTING SAID PREMISES IN SHAPE FOR PLANTING] THE LABOR, SEEO# 1F ANY, AND TRACTOR EXPENSES USED.IN THE CULTIVATION OF SAID LANDS AND NO DAMAGES SMALL 0E PAID OTHER THAN THOSE !1WIN ENUMERATED; SUCH AMOUNT OF DAMAGES TO BE DETERMINED BY THREE APPRAISERS, ONE OF WHOM IS TO SE APPOINTED BY THE CITa, ONE BY THE LESSEE, AND THE THIRD TO BE APPOINTED BY THE FIRST TWO APPRAISERS, AHD THE SUM ARRIVED AT BY THESC'AP- PRAISERS SHALL BE BINDING UPON THE PARTIES HERETO. b. LESSEE AGREES TO PAY FOR ANY AND ALL DAMAGES TO ANY UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY OE INCURRED BY His FARMINQ OR AGRICULTURAL OPERATIONS OR TO REPLACE ALL OF SUCH LINES INJURLO OR DCSTNOY- ED AS A RESULT OF His OPERATIONS. �l• L"Ut AGREES MOT TO SUBLET THE LEASED PREMISES OR ANY PORTION THEREOF WITt'OUT THE CONSENT OF THE CITY IN WRITING. 6• THE: LESSEE AGREES TMAT ME WILL TAKE GOOD CARE OF THE PROPERTY AND ITS APPURTENANCES,.AND BUFFER NO WASTE, AND SHALL KEEP THE SAID PREMISES IU QOOD REPAIR AT HIS OWN EXPENSE, AND AT THE END OR OTHER CXPIRATION OF THE -g.. 9. TERM OF THIS LEASE, SHALL DELIVER UP THE DEMISED PREMISES IN 0000 ORDER AND CONDITION, AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE ELE- MENTS ONLY EXCEPTED. 7. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES LEASED BY HIM. 8. •TNE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY TIME DURINO THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SANE IN ORDER TO DETERMINE WHETHER THE TERNS OF THIS LEASE ARE BEING 065CAVED AND CARRIED OUT. 9. LESSEE AGREES NOT TO USE SAID PREM18E1 F•OR ANY ILLEGAL OR IM- MORAL PURPOSES AND AGREED TO CONFORM TO ALL OF THE LAWS CF THE STATE OF TEAS, THE UNITED STATES, AND ALL RULED SET OUT BY THE CITY 6IAHAGER OF THE CITY OF CORPUS CHRISTI FOR THE OPERATION OF THE LEASED PRCMI8ES. 10. THE LESSEE SHALL NOT 'PERMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES ON THE DEVISED PREMISES] AND WILL NOT PERMIT SM091 NG IN ANY PLACC WHERE SUCH WOULD BE A FIRE HAZARD AND WILL AT ALL TIMES DISPLAY "K0 SMOKING" SIGNS WHERE DESIGNATED SY THE CITY 14ANAGER OR THE CITY FIRE DEIrARTHEFIT. 11. THE LEASE£ WILL PROMPTLY EXECUTE AT.D FULFILL ALL THE ORDI- NANCES OF THE CI1Y OF CORPUS CHRISTI APPLICASLE TO SAID PREMISES, AND ALL ORDERS AND REQUIREMENTS IMPOSCD EY THE HEALTH, SANITATION AND POLICE DEPARY— MEHTS, FOR THE CORRECTION, PREVENTION, AND ADATEMCHT OF NUISANCES IN, UPON, OR CONNECTED WITH SAID PREMISES OURINO THE TERM OF THIS LEASE AT HIS OWN EX- P£HSE. 1Z. THE LESSEE IS TO HAVE THE OPTION TO RENCW THIS LEASE AT T;tE EXPJRAYION OF SAID LEASE FOR SUCH TERMS AND CONSIDERATION AS MAY BE AGREED UPON BY THE CITY. 13. LESSEE FURTHER AGREES 1HAT IN CASE OF ANY DEFAULT IN ANY S OF THE COVENANT$ AND CONDITIONS OF THIS LEASE, The CITY MAY ENFORCE THE PER — FORIANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAW, ANO MAY DECLARE T:tE LEASE FORFEITEO AT ITS DISCRETION, AND IT, ITS AGENTS OR ATTORNEYS, SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, TO RE —ENTER AND REMOVE ALL PCRSOHS THEREFROM, WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND WtTHOUT PREJUDICE TO ANY REMEDIES FOR ARREARS OF RENT OR BREACH OF COVENANT OR THE CITY, ITS AGENTS OR ATTORNEYS, MAY RESUME POSSCSSION OF THE PREMISES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENT IT MAY OB- TAIN, FOR THE ACCOUNT OF THE LESSEE HEREIN, WHO SHALL a'AXE GOOD ANY DEFICIEHCYj ACID THE CITY SHALL HAVE A LIEN AS SECURITY FOR THE RENTAL AFORESAID, OR ANY RENT i DUE AND UNPAID UNDER SAID LEASE, UPON ALL CROPS, GOODS, WARES, CItATTELS, IMPLE- 66 MCNTS, FIXTURES, FURNITURE, TOOLS, AND OTHER PERSONAL PROPERTY 1A CH ARE NOW LOCATED ON SAID PREMISES OR WwIrw MLV Rv —1— 1 '111. .... ...._ LEsSEE, WHICN LIEN SHALL I%& CUMMULATIVC OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO. 14. THE LESSEE SMALL STORE NO MATERIALS OR SUPPLIES IN OR ABOUT THE SAID PREMISES WHICH WILL INCREASE TI4E FIRE HAZARD OR INSTITUTE AS UN- USUAL RISK IN THAT CONNECTION AND LESSEE SHALL AT ALL TINES USE THE PREMiSEs .1N SUCH MANNER AS NOT TO ENDANGER THE PROPERTY LEASED. 15. LESSEE AGREES THAT 114 THE EVENT DEATH OR INJURY OCCURS TO ANY PERSON OR LOSS, DESTRUCTION OR DAMAGE OCCURS TO ANY PROPERTY IN CONNEC- TION WITH THE MAINTENANCE, OPERATIONS ON REPAIR OF THE LEASED PREMISES AND THE FACILITIES COVERED HEREUNDERp OCCASIONED BY THE ACT OR OMJSSION OF THE LESSEE HEREIN, HIS AGENTS OR EMPLOYEES, THE LESSEE AGREES TO INOEMNIFY AND SAVE HARMLESS THE CITY FROM AND AGAINST ANY LO95a EXPENSE, CLAIMS OR DEMANDS TO WHICH THE CITY HAY BE SUBJECT AS THE RESULT OF SUCH DEMAND, LOSS, DESTRUC- TION OR DAMAGE'. SFr. THE CITY SHALL NOT BE RESPONS SLE FOR DAMAGES TO PROPERTY OR INJURY TO PERSONS WHICH MAY ARISE INCIDENT TO TH£ EXERCISE OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED. 17- THIS CONTRACT CONTAINS PROVISIONS AGREED UPON 8Y THE PARTIES HERETO AND DISPLACES ALL PREVIOUS VERNAL OR ORAL AGREEMENTS. EXECUTED IN DUPLICATE, EACH 4IT14 THE FORCE OF AN ORIGINAL, THIS THE DA't OF AUGUST, 1952. r THE CITY OF CORPUS CHRISTI ATTESTt BY J. " crcy CITY MANAGER LESSOR ITT £CR4TARY APPROVED AS TO LEGAL FORM: i I CITY ATTORNEY - JOE .4, BAKER - L E S S E E P. By JOE N. SAYER Corpus Christi, Texas August 42/19 1952 TO ME MEMBERS OF MAE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, 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, 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, YOR � U City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon` George L. Lowman Frank E. Williamson The above ordinance was passed by the following � vot_�e: �r Leslie Wasserman `•P. -($- Jack DeForrest Sydney E. Herndon e2gge. George L. Lowman Frank E. Williamson r b31,