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HomeMy WebLinkAbout04657 ORD - 10/24/1956AP:10/24/56 AN ORDINANCE ESTABLISHING A_FORM OF LEASE TO BE USED FOR THE LEASING OF CITY OWNED PROPERTY FOR AGRICULTURAL PURPOSES, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE UTILIZING OF PROPERTY BELONGING TO THE CITY OF CORPUS CHRISTI, TEXAS, FOR AGRIGULTURAL PURPOSES REQUIRES THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE LESSEE; AND WHEREAS, IT WOULD BE ADVANTAGEOUS TO THE PUBLIC AND TO THE LESSEE TO ESTABLISH A STANDARD FORM FOR SUCH LEASE AGREEMENTS; AND WHEREAS. THE NEEDS OF SAID LESSEE AND THE RIGHTS OF THE PUBLIC HAVE BEEN CONSIDERED TO THE EXTENT THAT A STANDARD FORM OF LEASE AGREEMENT HAS BEEN ESTABLISHED AND IT IS DESIRABLE THAT SAID FORM BE BY ORDINANCE ESTABLISHED FOR USE IN LEASING CITY OWNED PROPERTY FOR AGRICULTURAL PUR- POSES, IT BEING PROPER AND TO THE BEST INTEREST OF THE PUBLIC: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT A STANDARD FORM OF LEASE AGREEMENT FOR THE LEASING OF CITY OWNED PROPERTY FOR AGRICULTURAL PURPOSES BE AND THE SAME IS HEREBY ADOPTED. SECTION 2. THAT THE FORM OF SAID LEASE AGREEMENT SHALL BE AS FOLLOWS: `f1o57 MEM:10/24/56 , r v THE STATE OF TEXAS Q 0 COUNTY OF NUECES Q THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF , 19 , BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED 'CITY', AND OF COUNTY, TEXAS, HEREINAFTER CALLED LESSEE, W I T N E S S E T H: THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DE- MISE UNTO THE SAID THE FOLLOWING DESCRIBED PREMISES, TO -WIT: FOR A TERM OF YEARS BEGINNING 19 , AND END- ING 19 SUBJECT TO THE FOLLOWING CONSIDERA- TION, 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 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 4 THEREOF IS SOLD IN THE FIELD WITHOUT HARVESTING C05T TO HIM, THE RENT WILL BE ONE -THIRD OF THE PROCEEDS OF SUCH SALE IN- STEAD 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 LEASED PRE- MISES IN SUDAN, RNODES 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 LEASED PREMISES AVERAGED PER ACRE ON THE MARKET. IT 15 AGREED THAT CITY SHALL PAY ONE -THIRD OF THE HAULING EXPENSE FOR HARVESTING ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO- THIRDS OF SUCH COMBINING AND HAULING EXPENSE. BUT THAT LESSEE SHALL BEAR THE EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE CITY THAT SUCH CROPS ARE BEING HARVESTED. (B) IN ADDITION THERETO, LESSEE AGREES TO PAY THEREFOR AS RENTAL A YEARLY CASH BONUS PER ACRE OF DOLLARS ($ BEING A TOTAL YEARLY CASH BONUS OF DOLLARS ($ PAY- ABLE IN ADVANCE -, AS FOLLOWS: 2. IT 15 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. _ 5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF -2- THIS CONTRACT, INCLUDING NOTICES TO THE CITY, SHALL BE BY AND TO THE CITY MANAGER OR A PERSON DESIGNATED BY HIM, b. IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO SELL OR LEASE FOR A USE DIFFERENT FROM THE PR ES,EN T'US E, ALL OR AN Y PART OF THE HEREIN LEASED LAND AT ANY TIME DURING THE TERM OF THIS LEASE, SHOULD THE PROPERTY^ BE SOLD OR LEASED BEFORE THE EXPIRATION DATE HEREOF AND THE PURCHASER OR LESSEE NOT BE WILLING TO TAKE THE D DEMANDS WILL A SAME SUBJECT 70 THIS LEASE AN IMMEDIATE POSSESSION, THEN THE LESSEE AGREES TO VACATE AND GIVE POSSESSION AT ANY TIME WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF NOTICE TO VACATE. SHOULD IT 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 50 VACATED. THE FOLLOWING AMOUNTS, TO -WIT: IF THE LAND HAS BEEN PLOWED AND PREPARED FOR A NEW CROP, BUT BEFORE THE CROP HAS BEEN PLANTED, THE ACTUAL EXPENSE OF WORKING THE ACREAGE VACATED, PLUS $5,00 PER ACRE. IF AFTER THERE IS A GROWING CROP, 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. ANY PAYMENTS SO MADE SHALL BE IN PROPORTION TO THE TENANT'S SHARE OF THE CROP UNDER THIS LEASE, LESS HARVESTING COSTS. 7. THIS LESSEE AGREES THAT HE WILL PAY 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 LINES IN- JURED OR DESTROYED AS A RESULT OF H9S AGRICULTURAL OPERATIONS. S. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES BEING LEASED BY HIM. 9. 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 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 TEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. -3- 10, THE LESSEE AGREES NOT TO USE SAID PREM15ES 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 MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES. 11, THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVER- AGES 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 OR THE CITY FIRE DEPARTMENT. 12, THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDIN- ANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPART- MENTS 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. 13, 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 SAID LEASE ARE BEING OB- SERVED AND CARRIED OUT. 14. THE LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY OF THE COVENANTS AND CONDITIONS OF 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 IT, ITS AGENTS, OR ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, TO RE -ENTER AND REMOVE ALL PERSONS THER'EFft0M, 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 RE -LET 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 HAVE GOOD AND 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 -4- PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR -WHICH MAY BE PLACED ON SAID PREMISES BY THE LESSEE. WHIG LIEN SHALL BE CUMULATIVE OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO. 15. 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 OPERA- TION OF THE LEASED PREMISES. 16. 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 AND CARRYING ON ANY BUSINESS INCIDENT TO OTHER ACTIVITIES OF THE SAID CITY. WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF 19 ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 19 ITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER LESSOR LESSEE SECTION 3. THAT SUCH OTHER AND FURTHER PROVISIONS MAY BE MADE A PART OF ANY ONE OR MORE OF THE LEASE AGREEMENTS HEREAFTER AUTHOR- IZED BY THE CITY COUNCIL AS MAY BE DEEMED BY THE COUNCIL TO THE BEST IN- TEREST OF THE PUBLIC. SECTION 4. THE ADOPTION OF THIS ORDINANCE SHALL NOT PREVENT THE CITY COUNCIL FROM HEREAFTER AMENDING SAID STANDARD FORM OR GRANTING LEASES IN ANOTHER OR DIFFERENT FORM OR FROM OTHERWISE EXERCISING ITS POWER OF CONTROL OF THE PUBLIC STREETS AND PROPERTY OF THE CITY, NOR FROM REFUS- ING TO GRANT LEASES. SECTION 5. THE NECESSITY FOR ESTABLISHING A STANDARD FORM OF LEASE AGREEMENT FOR THE LEASING OF PROPERTY BELONGING TO THE CITY OF CORPUS CHRISTI, TEXAS, FOR AGRICULTURAL PURPOSES SO THAT SAID FORM MAY BE USED IN CONNECTION WITH THE CONSIDERATION BY THE COUNCIL OF RENEWALS, EX- TENSIONS AND GRANTING OF NEW LEASES AT ANOTHER DATE CREATES A PUBLIC EMER- GENCY 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 ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLAR- ED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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 ACCORDINGLY SO ORDAINED PASSED AND APPROVED, THIS DAY OF 1956 MAYO THE CITY OF CORPUS CHRISTI, TEXAS ATTE / CITY SECRE A APPROVED AS TO LEGAL FORM OCT ER 24L:45 : , CITY ATTORNEY .. t . CORP?�a' TEXAS / � 1956 TO THE MEMBERS OF THE 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 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL] W. J. ROBERTS B. E. BIGLER - '- MANVEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER �.... MANVEL P. MAIDONADO . - q�� CITY OF CORPUS CHRISTI, TEXAS MAYOR py. ELLROY KING CITY MANAGER HERBERT W. WHITNEY CITY COUNCIL - CITY SECRETARY OR. JAM SARNApO - - _ T RAGRK y pINO AIRHEART CITY OFFICES MOSyq SEPHAB 302 SOUTH 9NORELINE POST OFFIO T9 OX 1922 IATRICK J. oUNNE HUMBLE G A9E L. LOZANO, SR. T¢L¢PMONE U—..1 December 15, 1960 Mr. Herbert W. Whitney City Manager City of Corpus Christi Corpus Christi, Texas Dear Mr. Whitney: Reference is made to a farm lease on October 6, 1960, same being a portion of the South Guth Park. I desire that said lease be transferred to Mr. M. C. Slough, Saritoga Boulevard, Corpus Christi, Texas, Telephone No. TE50009. Mr. Slough is an extensive farmer and I believe the City's relation with him will be most satisfactory. Very truiy yours, Adolph Marek December 14, 1960 Mr. Adolph A. Marek 334 Paloma Corpus Christi, Texas Dear me. Marekt T am writing regarding your contract dated October 5, 1960 which authori$es you to Sarin a portion of South Guth Park for a one year period beginning September 1, 1960 and ending August 31, 1961. Since the time you executed this contract, two different men have been in to inquire about farming this property. Both non indicated they had discussed with you the possibility of leasing the land. Providing you are interested in having someone else farm this portion of South Guth Park, it will be necessary for you to take this contract to the City Secretary so that he can have it amended by theCity, Council. I would also like to call to your attention that you have not paid the City its share of rent for your privilege to farm this property during the past year. we would appreciate you taking care of this matter at your earliest convenience. Sincerely yours, PARK AND RECREATI ON DEPARRT M rte` Witt, ec or WPWtfr CC: Ray Kring June Fi.nck 1. M. singer Jack Ponton December 15, 1960 Mr. Adolph A. Marek 334 Paloma Corpus Christi, Texas Dear Mr. Marek: This has reference to a copy of a letter addressed to you under date of December 14, 1960, by Mr. W. P. Witt, Director of Parks & Recreation, wherein he directs your attention to the City's share of last year's crop not having been paid. It will be necessary that this matter be taken care of before the Council can consider your request to assign the lease to Mr. M. C. Slough. Very truly yours, T. Ray Kring City Secretary TRK:mem cc: W. P. Witt, Directot Parks & Recreation 1 � December 21, 1960 154 0.1 .Iga A. Marek Corpus Christi, Texas Dear Mr. Marek: We are in receipt of your check in the sum of $265.51 representing pay - ment of rent for farming on approximately 28 acres of land in South Guth Park. We do appreciate your prompt attention to this matter, how ever, in order to make a proper report to the City's Accounting Depart- went, it will be necessary for us to sea your ginning tickets and also to know how much grain you sold. We would appreciate yoXcoming by the office at your earliest convenience and presenting us with this information. When this has been done, we will recommend that the City Council take immediate action to amend your con- tract making it possible for Mr. M. C. Slough to farm the land during 1961. Sincerely yours, PARK AND RECREATION DEPARTMENT W. P. Witt, Inrector WEW:fr cc: Ray Kri ng•' June Finck