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Home My WebLink About04351 ORD - 09/28/1955AC:a /22/55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY A CONTRACT WITH J. S. JOHNSON, LEASING CERTAIN LAND AT CLIFF MAUS MUNICIPAL AIRPORT TO BE USED FOR AGRICULTURAL PURPOSES, AS MOREPARTICULARLY DESCRIBED IN THE COPY OF THE CONTRACT ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH J. S. JOHNSON, OF THE CITY OF CORPUS CHRISTI, TEXAS, LEASING CERTAIN LAND AT CLIFF MAUS MUNICIPAL AIRPORT TO BE USED FOR AGRICULTURAL PURPOSES, A COPY OF WHICH CONTRACT IS ATTAC HED HERETO AND MADE A PART HEREOF. AC:8/22/55 TNB STATE @F TEXAS I COATY CF MKCES THIS AfiNMNT, MADE AND ENTERED INTO THIS THE DAY OF 1955, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, -A MUNICIPAL CORPORATION, HEREINAFTER CALLED 'CITY', AND J. S. JOHNSON, OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED LESSEE, WITWESSETHI THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE UNTO THE SAID J4 S. JOHNSON THE FOLLOWING DESCRIBED PREMISES, TO -WITS SIXTEEN �i`� TILLABLE ACRES LOCATED IN THE Ig.&g ACRE TRACT AT CLIFF MAUS MUNICIPAL AIRPORT, LOCATED AT THE CORNER OF HORNE ROAD AND RABBIT RUN ROAD, NUECES COUNTY, TExes, FOR A TERM OF, TW10 YEARS BEGINN` NG AUGUST 31, 1955 AND ENDING SEPTEMBER 1, 195T, 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 PAT THREE «FOURTH$ 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 -TBIRD OF THE PROCEEDS OF SUCH SALE INSTEAD OF ONE - FOURTH. FOR ALL ACRES TO BE PLANTED IN FEED, LESSEE AGREES TO PAT A SNARE RENTAL OF ONE -THIRD (1 /3) OF THE VALUE OF SUCH FEED, AND SHOULD LESSEE PLANT ANY PART OF SAID LEASED PRE - NI$ES IN SUDAN, RHODES GRASS OR ANY OTHER FEED AND RETAIN THE SAME FOR HOME USE HE SMALL PAY MONEY RENT THEREFOR ON THE BASIS OF WHAT THE OTHER FEED CROWN ON SAID LEASED PREMISES AVERAGED PER ACRE ON THE MARKET. IT IS AGREED THAT CITY $HALL PAY ONE-THIRD OF THE MAULING EXPENSE FOR HARVESTING ALL USERS* GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO - THIRDS OF SUCH COMBINING AND MAULING EXPENSE, BUT THAT LESSEE SHALR BEAR THE EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE AIRPORT MANAGER OF THE CITY THAT SUCH CROPS ARE BEING HARYESTED. (e) IN ADDITION THERETO, LESSEE AGREES TO PAY THEREFOR AS RENTAL A YEARLY CASH 60MUS PER ACRE OF THREE DOLLARS ($3.00), BEING A TOTAL YEARLY CASH BONUS OF FORTY*EIGHT DOLLARS ($48:00 )6 PAYABLE IN ADVANCE, THE FIRST PAYMENT OF $48.00 BEING DUE AND PAYABLE ON OR BEFORE THE 10TH DAY OF AUGUST, 19551 AND THE SECOND PAYMENT OF smi00 BEING DUE AND PAYABLE ON OR BEFORE THE 10TH DAY OF AuaU$To 1956. 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 POR- TION 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, REPRESENTED BY THE CITY MANAGER AND/OR ITS AIRPORT MANAGER, 5, IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO SELL OR LEASE FOR A USE DIFFERENT FROM THE PRESENT USE, ALL 09 ANY PART OF THE HEREIN LEASED LAND AT ANY TIME DURING THE TERM OF THIS LEASE. SHOULD THE PROPECTY 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 VACATEAND GIVE POSSESSION AT ANY TIME WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF NOTICE TO VACATE. - $MOULD 11 BECOME NECESSARY FOR LESSEE TO VACATE IN CASE OF A SALE OR LEASE, THEN THE CITY SHALL PAY LESSEE FOR THE LAND OR PORTION THEREOF BO VACATED, THE FOLLOWING AMOUNTS, TO+WITI IF THE LAND HAS SEEN PLOWED AND PREPARED FOR A NEW CROP, BUT BEFORE THE CROP WAS BEEN PLANTED, THE ACTUAL EXPENSE *j OF WORKING THE ACREAGE VACATED, PLUS A BONUS OF .00 PER ACRE. -2- IF AFTER THERE 15 A GROWING CROPS THEN THE AVERAGE RETURN ON AN ACREAGE OASIS THAT LIKE CROPS BRING ON UNSOLD LAND COVERED BY THIS LEASE, OR IF NO UNSOLD LAND COVERED BY THIS LEASE, OR IF NO UNSOLD LAND THEN ON SIMILAR LAND IN THE IMMEDIATE VICINITY. AN11 PAYMENTS 30 MADE SMALL BE IN PROPORTION TO THE TENANT'S SHARE OF THE CROP UNDER TH13 LEASE, LESS HARVESTING COSTS. b. THE LESSEE AGREES THAT HE WILL PAT 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 LIMES INJURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS. (. THE LESSEE AGREES TO PAT FOR ALL UTILITIES USED AT THE PREMISES BEING LEASED By HIM. 8. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY AND ITS APPURTENANCES, AND SUFFER NO WASTE4`1 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 GOOD ORDER AND CONDITION, AS SAME ARE NOW IN, NATURAL WEAR AND YEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. 9• 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 BET OUT BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES. 10. THE LESSEE SMALL NOT PERMIT HALT, V#NDUS OR ALCOHOLIC BEVERAGES ON THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE SSICH WOULD BE A Fin HAZARD AND WILL AT ALL TIMES DISPLAY "NO SMOKING" SIGNS WHERE DESIGNATED BY THE AIRPORT MANAGER OF THE CITY OR THE CITY FIRE DEPARTMENT, 11. THE LESSEE SHALL PROMPTLY EXECUTE ANO FULFILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH, SANITATION AND POLICEDEPARTHENTS OF THE CITY, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES 1N, UPONp OR COHNECTEO WITH SAID PREMISES DURING THE TERN OF THIS LEASE AT HIS OWN EXPENSE. 12. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY TIME DURING THE EXTST[HCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME .3- IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID LEASE ARE BEING OBSERVED AND CARRIED OUT. 13. THE LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANT 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 FOR- FEITED AT ITS DISCRETION, AND IT, ITS AGENTS, OR ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMANDS TO AE -ENTER AND REMOVE ALL PERSONS TH:#CFROp WITHOUT BEING DEEMED GUILTY OF ANVMANNER 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 R£W.ET 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 WILL 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) FJXTURBS, FURNITURE, TOOLS, AND OTHER PERSONAL PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED ON SAID PREMISES BY THE LESSEE, 6fHICH LIEN SHALL BE CUMULATIVE OF THE STATUTORY LIEN CREATED BY LAW AMC IN ADDITION THERETO. 1 - 14. LESSEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF CORPUS CHRISTI, TEXAS (LESSOR), FROM ANY AND ALL CLAIMS 0% DAMAGES OF ANY MATURE WHATSOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERATION OF THE LEASED PREMISES. 15. 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 AHD CARRYING ON ANO BUSINESS INCIDENT TO SAID AIRPORT OR ANY OTHER ACTIVITIES Of THE SAID CITY. WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHICH 18 TO BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF � - , 19j5- THE CITY OF CORPUS CHRISTI, TEXAS ATTESTS BY CITY MANAGER ITV 37FRETARY LESSOR APPROVED AS TO LEGAL FORM ALrAIAT , 1955: ITY ATTORNEY S"JOHNSON LESSEE THAT THE FOREGOING ORDINANC AS READ FOR THE FIRST TIME AND PASSED ,4 TO ITS SECOND READING ON THIS THE DAY OF , 1955, BY THE FOLLOWING VOTE: FARRELL D. SMITHfT MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO T14AT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED 4 TO ITS THERD READING ON THIS tHE DAY OF ��i , 1955, BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER yyt MANUEL P. MALDONADO THAT THE FOREGOING ORDINANCE,,IFIAS READ/POR THE THIRD TIHX AND PASSED FINALLY ON THIS THE DAY OF , 1955, BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERT B. E. BIGLER MANUEL P. MA PASSED AND APPROVED, THIS ATTES /T: r CITY SECRETARY APPROVED AS TO LEGAL FORM: ITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS