HomeMy WebLinkAbout05160 ORD - 09/24/1958I .
O O
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
UN-BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
A FARM LEASE AGREEMENT OF 83.6 ACRES OF LAND WITH
C. R. LEHMAN FOR A TERM OF TWO (20 YEARS BEGINNING
OCTOBER 1, 1958 AND ENDING SEPTEMBER 30, 1960.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI.
TEXAS:
SECTION I. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, FOR AND ON BEHALF OF SAID CITY. BE AND HE 15 HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE A LEASE AGREEMENT WITH C. R. LEHMAN, COVERING EIGHTY-,'THREE
AND SIX- TENTHS (83.6) ACRES OF LAND LOCATED ON THE WESTSIDE SEWER PLANT SITE,
NUECES COUNTY, TEXAS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES ONLY, .
FOR A TERM OF TWO (2) YEARS BEGINNING OCTOBER It 1958 AND ENDING SEPTEMBER 309
1960, FOR AND IN CONSIDERATION OF THE USUAL THIRD AND FOURTH RENTALS AND IN
ADDITION A CASH PAYMENT IN ADVANCE OF FOUR ($4.00) PER ACRE IN ACCORDANCE WITH
THE FARM LEASE FORM PRESCRIBED BY ORDINANCE N0. 4657, PASSED AND APPROVED BY
THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956.
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THE STATE OF TEXAS 0
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COUNTY OF NUECES 0
THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF
19-5L, , BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION,, HEREINAFTER CALLED 'CITY', AND
C R. LrHMAN_, OF UE
NCES COUNTY, TEXAS, HEREINAFTER CALLED LESSEE,
W 1 T N E S S E T H
THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DE- '
MISE UNTO THE SAID 'C R LEHMAN THE FOLLOWING DESCRIBED PREMISES, '
TO -WIT: A PORTION OF TRACTS 13 AND '14 OF THE WM• J. ROBERTSON TRACT AS SHOWN BY MAP
OR PLAT OF SAID ADDITION OF RECORD IN VOL. 3 PAGE 31 OF THE MAP RECORDS OF NUECes COUNTY,TEXAS,
ANDA PORTION OF 'LOT 1 FRACTIONAL SECTION 15 OF THE BOHEMIAN COLONY LANDS OF RECORQ IN VOL'. A
PAGE 48 OF THE MAP RECORDS "OF NUECES COUNTY, TE %AS,,MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS%
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 14 OF THE WM. J. ROBERTSON TRACT FOR THE SOUTHEAST
CORNER OF THIS TRACT;
W, 533.
THENCE N 61 ®-161-1011 10 FEET TO A POINT FOR A CORNER OF THIS TRACTf
THENCE N 29 °-001 E, 2558.00 FEET TO A POINT IN THE SOUTH BOUNOARY'kINE OF $ARATOGA ROAD FOR
THE NORTHWEST CORNER OF THIS TRACT]
THENCE S 69'- 29' -10" EA 77$.22 FEET TO A POINT FOR A CORNER OF THIS TRACT
THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE MEANDERS OF THE WEST ARM OF "THE 050 CREEK'TO "A�
POINT 580 FEET MEASURED AT RIGHT ANGLES FROM THE SOUTH BOUNDARY LINE OF SARATOGA ROAD FOR A
CORNER OF THIS TRACT;
THENCE S 61° -301 E, 1082 FEET MORE OR LESS TO A POINT IN THE WEST BOUNDARY LINE OF RABBIT RUN
ROAD FOR A CORNER OF THIS TRACTS S �9' -001 W ALONG THE WEST BOUNDARY LINE OF RABBIT RUN ROAD, � FEET TO A POINT,
THENCE ORNER OF LOT SECTION 15 BOHEMIAN MIAN COLONY LANDS, FOR A
610 -301 W, 20 FEET FROM THE SOUTHEAST C
CORNER OF( THIS SQTRACT. "]li
��RTATIN)VNQ1 MtA AO E ITNGI ^PLnC BEGINNING. 19 AND END-
ING EIIHER�Of _ 19�V --� SUBJECT TO THE FOLLOW_I-NNGG-C-ONSIDERA-
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 RAISE6 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- FOIURTH OF SUCH GINNING CHARGES, THE LESSEE
AGREES THAT IN THE EVENT ANY COTTON CROP OR ANY PORTION
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THEREOF IS SOLD IN THE FIELD WITHOUT HARVESTING COST 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 AGREE a S 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, RHODES GRASS OR ANY OTHER FEED AND R f ETAIN 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 IS 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
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EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE
CITY THAT SUCH CROPS ARE BEING HARVESTED,
'1 +a ) IN ADDITION THERETO, LESSEE AGREES TO PAY •THEREFOR
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AS RENTAL A-YEARLY CASH BONUS PER ACRE OF POUR
DOLLARS
(s 4.00 BEING; A TOTAL YEARLY CASH BONUS OF THREE
Y •HODAb Taa1hTY -POUa % DOLLARS (� ' 4� ), PAY-
.
ABLE IN ADVANCE, AS FOLLOWS:
WoN THE 6XECuT1OH OF THIS LEASE,
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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.
A. 11T 15 FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND
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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.
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5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF
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THIS CONTRACT, INCLUDING NOTICES TO THE CITY, SHALL BE BY AND TO THE CITY
MANAGER OR A'PERSON DESIGNATED BY HIM. - -.
6. IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO SELL OR
LEASE FOR A USE DIFFERENT FROM THE PRESENT'USE, ALL OR ANY PART OF THE HEREIN
LEASED LAND AT ANY TIME DURING TH' 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 SAME SUBJECT TO THIS LEASE AND DEMANDS
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 SO 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 BASIS 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 HIS AGRICULTURAL OPERATIONS.
S. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
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BEING LEASED BY HIM.
9. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTER, 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.
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10. THE LESSEE AGREES NOT TO USE SAID PREMISES f.. 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"x. 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
F THIS LEASE, THE CITY MAY ENFORCE,THE PER-
OF THE COVENANTS AND CONDITIONS O
FORMANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAW; A
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'EFROM , 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
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PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED
ON SAID PREMISES BY THE LESSEE, WNIdH 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
THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGE
LESSOR
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF , 19,
CITY ATTORNEY
LESSEE
I g.`
' THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND
PASSED TO ITS SECOND READING ON THIS THE_�O DAY OF, 195y, BY THE
FOLLOWING VOTE: ,
FARRELL D. SMITH
W. J. ROBERTS
• B. E. BIGLER
•r ,
` MANUEL P. MALDONADO,
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THAT-THE- FOREGOING ORDINANCE WAS READ FOR THE ECOND TIME AND
PASSED TO ITS THIRD READING ON THIS THE _A 7 OF , 194. BY THE
FOLLOWING VOTE: -
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO �V °-
CHARLIE J. AILLS -
- ARTHUR R. JAMES
ODELL INGLE
I THAT THE FOREGOING ORDINANCE WA EAD FOR THE THIRD TIME AND
PASSED FINALLY ON THIS THE�DAY OF 94, B T "HE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO / /,:
CHARLIE J. AILLS
r /ik• � �
ARTHUR R. JAMES Y
F s,e. �_. ,,r. 'ODELL INGLE �4
PASSED AND APPROVED, THIST E i/ % DAY OF 19�
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AMT
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SEC#TARY
APPROV AS TO LE ORM
THIS DAY OF 195f
CITY AT ORNE^
THE CITY OF CORPUS CHRISTI, TEXAS
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