HomeMy WebLinkAbout05175 ORD - 09/08/1958AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND
ON BEHALF OF THE CITY AN AGREEMENT WITH W. C.
NICHOLSON, LEASING CERTAIN LAND AT CUDDIHY FIELD,
BEING APPROXIMATELY 301 ACRES, TO BE USED FOR
AGRICULTURAL PURPOSES, WHICH AGREEMENT SHALL BE
ON THE FORM FOR LEASE OF CUDDIHY FIELD PROPERTY
HERETOFORE APPROVED BY THE NAVY.
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 AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, A LEASE AGREEMENT WITH W. C. NICHOLSON, LEASING
TO SAID W. C. NICHOLSON FOR ONE (1) YEAR CERTAIN LAND AT CUDDIHY
FIELD, BEING APPROXIMATELY 301 ACRES OF LAND, TO BE USED FOR AGRI-
CULTURAL PURPOSES, WHICH AGREEMENT SHALL BE ON THE FORM FOR LEASE
OF CUDDIHY FIELD PROPERTY HERETOFORE APPROVED BY THE NAVY.
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1AH:9:11 :53
THE STATE OF TEXAS Q
COUNTY OF NUECES
THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF
SCPT81168R ,19 58 f BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY ", AND W. C.
NICHOLSON , OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED
r ,
LESSEE,
W I T N E S S E T H:
. THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE
UNTO THE SAID W. C. NICHOLSON
THE FOLLOWING DESCRIBED PREMISES,
TO -WIT:
THE LAND BETWEEN AND SURROUNDING THE RUNWAY'S, CONCRETE APRONS AND ROADWAYS
AT CUDDIHY FIELD IN NUECES COUNTY TEXAS, CONTAINING APQROXIMATELY 301
ACRES. Ti HE ACTUAL ACREAGE SHALL BE DETERMINED BY THE MEASUREMENT OF
THAT PART OF CUDDIHY FIELD WHICH 18 THE AREA UPON WHICH IS LOCATED THE
RUNWAYS AND WHICH IS UNOCCUPIED BY BUILDINGS AND SUBTRACTING FROM SAID
ACREAGE THE ACREAGE OCCUPIED BY RUNWAYS, CONCRETE APRONS, AND ROADWAYS
AND THE MARGINAL LANDS THEREOF AS DESIGNATED BY THE AIRPORT MANAGER OF
THE CITY OF CORPUS CHRISTI TEXAS.
FORA TERM OF ONE YEARS BEGINNING
SEPTEMBER 1, 1fL_, AND
ENDING AUGUST 31 , 1958 , SUBJECT TO THE FOLLOWING CONSIDERATION, COVENANTS
AND CONDITIONS, TO -WIT:
1. THE LESSEE IS TO PAy THERFOR THE FOLLOWING RENTAL AND CASH
BONUS TO BE PAID AS FOLLOWS:
(A) THE CONSIDERATION FOR THIS LEASE, TO BE PAID BY
LESSEE, 15 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
THEREOF I5 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 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, RHODES 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 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
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 OFTHRFE AND 601WLLARS
($° 3.64
), BEING A TOTAL YEARLY CASH BONUS OF ANF THOUSAND
FIANTV -THRFF Awn 60/100 __DOLLARS ($ 1,083.(,n ), PAY-
ABLE IN ADVANCE AS FOLLOWS:
UPON THE EXECUTION OF THIS LEASE. LESSEE SHALL ALSO PAY TO CITY
FIFTY -TWO AND 50/100 DoL URS 452.50) FOR CONDITIONING 35 ACRES
''LEASED'TO C. R. LEHMAN IN ERROR. '
LESSEE SHALL SE ALLOWED'•A CREDIT OF ONE AND 50/106 DOLLARS
($1.50) PER ACRE ON,200 ACRES, OR THREE HUNDRED DOLLAR3($300.00),
FOR CUTTING GRAIN STALKS, AND'A CREDIT OF $1.50 PER ACRE ON 78
'ACRES,'OR $117.00 FOR DESTROYING COTTON STALKS.
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.
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
o
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 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 1S 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 50 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,
8, 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 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. CONSTRUED TO MEAN CUTTING AND PLOWING UNDER COTTON
STALKS,A000RDING TO GOVERNMENT REGULATIONS AND tOUTTINQ GRAIN STALKS.
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10. 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 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; )■ND 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'EFROW, WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND
WITHOUT PREJUDICE TO ANY REMEDIES FOR ARREARS OF RENT 01 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, WH1d$ 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,r,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
TYTORNEV
THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
LESSOR
LESSEE
.■r ^7,1. .w. ,,.�.1^'.i vc..fa.rasli w- ./•4i.'m'A'v'wwWwr+[Ohs:: _ ..«u[.+ .......... <.■•,.
THAT THE FOR EGO ING ORDINANCE WAS READ FOR THE FIRST TIME AND
PASSED TO ITS SECOND READING ON THIS THE d DAY OF,
FOLLOWING VOTE:
FARRELL D. SMITH
•
if BY THE
W. J. ROBERTS `
B. E. BIGLER /,.
4
MANUEL P. MALDONADO,
CHARLIE J. A ILLS
ARTHUR R. JAMES $1,
ODELL INGLE
THAT TME - FOREGOING ORDINANCE WAS READ FOR THESECOND TIME AND
PASSED TO ITS THIRD READING ON THIS THE ~ DAY OF all 14.. 19, BY THE
FOLLOWING VOTE:
FARR ELL D. SMITH
W. J. ROBERTS'
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND
PASSED FINALLY ON THIS THE • a G1
\/'
FARRELL D. SMITH
W. J. ROBERTS t
B. E. BIGLER
•{ MANUEL P. MALDONADO
•
CHARLIE J.•AILLS
PASSED AND
ARTHUR R. JAMES
ODELL INGLE
APPROVED', THIS THE li DAY OF(c)L., >, 194'.
THE CITY OF CORPUS CHRISTI, TEXAS
MAYOR
CITY SECR
APPROVE)) '•S TO LEG
THIS DAY OF
J