HomeMy WebLinkAbout04365 ORD - 10/19/1955EM :9/14/55
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR AND ON BEHALF OF THE CITY Of CORPUS CHRISTI A LEASE
AGREEMENT WITH JOE H. BAKER, COVERING 70.00 ACRES Of LAND
SITUATED IN NUECES COUNTY, TEXAS, ON THE WATERS Of THE OSO
BAY, ABOUT 8 MILES SOUTH 250 EAST FROM THE COUNTY COURT-
HOUSE FOR FARMING AND AGRICULTURAL PURPOSES, IN ACCORDANCE
WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT,
SAID AGREEMENT BEGINNING NOVEMBER 15, 1955, AND ENDING
SEPTEMBER 1, 1957.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI
15 HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE
A LEASE AGREEMENT WITH JOE H. BAKER, COVERING 70.00 ACRES OF LAND SITUATED
IN NUECES COUNTY, TEXAS ON THE WATERS OF THE OSO BAY, ABOUT 8 MILES SOUTH
250 EAST FROM THE COUNTY COURTHOUSE FOR FARMING AND AGRICULTURAL PURPOSES,
IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
AC :9/13/55
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT, 14ADE AND ENTERED INTO THIS THE DAY OF
SEPTEMBER, 1955, By AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A
MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER AND dY VIRTUE OF THE
LAWS OF THE STATE OF TEXAS, ACTING HEREIN BY AND THROUGH ITS DULY AUTHOR-
IZED CITY �1ANAGER, RUSSELL E. MCCLURE, HEREINAFTER CALLED "CITYt°, AND
JOE H. BAKER, or NUECES COUNTY, TEXAS, HEREINAFTER CALLED "LESSEE ",
UITNt5S T
THE CITY OF CORPUS CHRISTI, TEXAS, DOES BY THESE PRESENTS LEASE
AND DEMISE UNTO THE SAID JOE H. BAKER, LESt£E, THE FOLLOWING DESCRIBED PRE-
MISES, LOCATED AND BEING SITUATED IN NUECES COUNTY, TEXAS, TO -WIT;
A TRACT OF LAND CONTAINING (0.00 ACRES, SITUATED IFa
NUECES COUNTY, TEXAS, ON THE WATERS OF THE OSO BAY,
AN INLET OR ARM OF CORPUS CHRISTI bAY, Ad OUT 13 MILES
S 2j° E FROit THE COUNTY COURTHOUSE. SA$D 70.00 ACRE
TRACT IS IN THE RINCON DEL 03 0 GRANT TO ENRIQUE VILLARREAL,
'iD STRACT 1, AND EMSRACES A SMALL PORTION OF THE NORTH
CORNER OF LOT I? IN FRACTIONAL SECTION 29, AND ALL OF
LOTS 6, 7, AND [, THE NORTHFA57 PORTIONS OF LOTS 19,
20, AND 21, AND THE UNNUMBERED LOT LYING NORTHEAST OF
LOT 3 AND 30UTHEkST OF LOT j, IN FRACTIONAL SECTION 17,
ALL IN THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACT, ALL AS MORE PARTICULARLY DESCRIBED IN THAT CER-
TAIN DEED FROM L. C. ANDREWS, TRUSTEE TO THE CITY Of
CORPUS CHRISTI, RECORDED IN VOLUME j22, PAGE 582, DEED
RECORDS of NUECES COUNTY, TEXAS, TO WHICH REFERENCE
IS HEREBY MADE FOR ALL PERTINENT PURPOSES,
FOR THE PL,i' „i+ 4fGINNING NOVEMBER 15, 1955, AND ENDING SEPTEMBER I, 1957-
THE LESSEE IS TO PAY THEREFOR THE FOLLOWING RENTAL AND,CASH BONUS
TO BE PAID AS FOLLOWS:
THE CONSIDERATION FOR THIS LEASE, TO BE PAID BY LESSEE,
IS ONE - FOURTH OF ALL COTTON 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 FE£O, LESSEE AGREES TO
PAY A SHARE RENTAL OF ONE -TMI RD (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
FEE AND RETAIN THE SAME FOR NOME USE HE $HALL 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 ONE -THIRD OF THE CON-
SIGNING AND HAULING EXPENSE FOR HARVESTING ALL SORGHUM GRAIN
CROPS, AND SAID LESSEE SHALL PAYTWO- THIRDS DF SUCH COMBINING
AND HAULING EXPENSE,
SUCH ANNUAL RENTAL TO BE PAID ON OR BEFORE THE 13T DAY OF SEPTEMBER, 1955.
THE CITY'S PRO RATA PORTION OF ALL CROPS SOLD SHALL BE PAID TO THE CITY
IMMEOIATELY 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.
THIS LEASE IS SUBJECT TO THE FOLLOWING CONDITIONS AND COVENANTS:
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 ANY OTHER PURPOSE THAN THESE HEREIN SPECIFIED UNLESS CONSENTED TO
BY THE CITY IN WRITING.
Z. 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 SUCH SAID
BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY, REPRESENTED BY THE CITY
MANAGER AND /OR ITS CONTROLLER.
3• IT IS ESPECIALLY UNDERSTOOD AND AGREED THAT THE CITY MAY
AT ANY TIME OY WRITTEN NOTICE 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 13 FURTHER UNDERSTOOD AND AGREED THAT THE CITY IN THE EVENT OF SUCH
REPOSSESSION SHALL BE AUTHORIZED AFTER NAILING SUCH SAID WRITTEN NOTICE
-2-
BY REGISTERED MAIL TO ENTER UPON AND TAKE POSSESSION 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 DAMAGES 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, SEEDY
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 SE DETERMINED BY THREE APPRAISERS= ONE OF WHOM IS TO BE
APPOINTED BY THE CITY, ONE BY LESSEE, AND THE THIRD TO BE APPOINTED BY
THE FIRST TWO APPRAISERS, AND THE SUM ARRIVED AT BY THESE APPRAISERS SHALL
BE BINDING UPON THE PARTIES HERETO.
�. LESSEE AGREES TO PAY FOR ANY AND ALL DAMAGES TO ANY UTILITY
LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURRED BY HIS FARM-
ING OR AGRICULTURAL OPERATIONS OR TO REPLACE ALL OF SUCH L114ES INJURED OR
DESTROYED AS A RESULT OF HIS OPERATIONS.
5. LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY
PORTION THEREOF WITHOUT THE CONSENT OF THE CITY IN W Po TING.
6. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTE, AND SHALL KEEP THE SAID PREMISES
IN GOOD REPAIN 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
CONDITION, AS SAME ARE NOW IN, 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 SY HIM,
B. 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 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.
^3-
10. THE LESSEE SHALL NPT PERMIT MALT, VINOUS OR ALCOHOLIC
BEVERAGES ON THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN ANY
PLACE WHERE SUCH WOULD BE A FIRE HAZARD AND WILL AT ALL TIMES DISPLAY
'NO SMOKING' SIGNS WHERE DESIGNATED BY THE CITY MANAGER OR THE CITY FIRE
DEPARTMENT.
11. THE LESSEE WILL 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
DEPARTMENTS, FOR THE CORRECTION, PREVENTION, AND ABATEMENT Of NUISANCES IN,
UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERMS OF THIS LEASE AT
HIS OWN EXPENSE.
12. LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY OF
THE YOVENANTS AND CONDITIONS DF 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 ITS ITS AGENTS OR ATYORNEYS,
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 AGENTS OR ATTORNEYS, MAY RESUME POSSES31ON
OF THE PREMISES AND RE -LET 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 ANY 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, GOODS, WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS,
AND OTHER PERSONAL PROPERTY WHICH ARE NOW LOCATED ON SAID PREMISES OR WHICH
MAY DE PLACED ON SAID PREMISES BY SAID LESSEE, WHICH LIEN SHALL BE
CUMULATIVE OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO.
13. THE LESSEE SHALL STORE NO MATERIALS OR SUPPLIES IN OR
ABOUT THE SAID PREMISES WHICH WILL INCREASE THE FIRE HAZARD OR INSTITUTE
AN UNUSUAL RISK IN THAT CONNECTION AND LESSEE SHALL AT ALL TIMES USE
THE PREMISES IN SUCH MANNER AS NOT TO ENDANGER THE PROPERTY LEASED.
14. LESSEE AGREES THAT IN THE EVENT 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 PRE-
MISES AND THE FACILITIES COVERED HEREUNDER, OCCASIONED BY THE ACT OR
0005310M 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 MAY BE SUBJECT AS THE RESULT OF SUCH
DEMANDS LOSSp DESTRUCTION OR DAMAGE.
1j. 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 PRIVIt-EOES HEREIN GRANTED.
16. THIS CONTRACT CONTAINS PROVISIONS AGREED UPON BY THE PARTIES
HERETO AND DISPLACES ALL PREVIOUS VERUAL OR ORAL AGREEMENTS.
EXECUTLO IN DUPLICATE,, EACH WITH THE FORCE OF AN ORIGINAL, THIS
THE DAY OF SEPTEMBER, 1955.
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST-
BY
RUSSELL E. MC LUREp CITY MANAGER
CITY SECRETARY
LESSOR
APPROVED AS TO LLGAL FORM 50TLMKIZ
CITY ATTORNEY
.5�
JOE H. BAKER
LESSEE
THAT THE FOREGOING ORDINANCE WAS READ FOR THE IRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE , «y- DAY OF "'y 1955, BY THE
FOLLOWING VOTE: TT
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINANCE WAS READ FOR ,TT%K S�COND TIME AND PASSED
fin! "f
TO ITS THIRD READING ON THIS tHE DAY OF BY THE
i f 1955,
FOLLOWING VOTE:
FARRELL D. SMITH -- -1��d1
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINANCE R D FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF , �955f BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
PASSED AND APPROVED, THIS THE DAY OF
ATTEST-,
cz
CIY SEj BETA
APPROVED AS ,X0 LEGAL FORM:
CITY KTTgRNEY
1955
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
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