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Home My WebLink About05523 ORD - 10/14/1959JKH:9r9 -59 • •r TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH W. C. NICHOLSON, LEASING TO SAID W. C. NICHOLSON A TRACT OF LAND CONTAINING APPROXIMATELY 35 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANT PROPERTY, AT THE INTER- SECTION OF HIGK4AY 71, UP RIVER ROAD AND HEARN ROAD, WEST SECTION OF SAID PROPERTY, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF TWO (2) YEARS BEGINNING AUGUST 31, 1959, AND ENDING AUGUST 30, 1961, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956., 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, FOR AND ON BEHALF OF SAID CITY, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A LEASE AGREEMENT WITH W. C. NICHOLSON, LEASING TO SAID W. C. NICHOLSON A TRACT OF LAND CONTAINING APPROXIMATELY 30 ACRES, SITUATED IN NUECES COUNTY, TEXAS, LOCATED ON THE 0. N. STEVENS FILTRATION PLANS PROPERTY, AT THE INTERSECTION OF HIGHWAY 71, UP RIVER ROAD AND HEARN ROAD, WEST SECTION OF SAID PROPERTY, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF TWO (2) YEARS BEGINNING AUGUST 31, 1959, AND ENDING AUGUST 30, 1961, IN ACCORDANCE WITH THE FORM PRESCRIBED BY ORDINANCE NO. 4657, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF OCTOBER, 1956, AT $5.01 YEARLY CASH BONUS PER ACRE TO BE PAID IN ADVANCE.EACH YEAR. 5523 VAH*5:11:5d THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF p1g.__1 BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY ", AND OF C OUNTY, TEXAS, HEREINAFTER CALLED LESSEE, W I T N E S S E T H : THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE UNTO THE SAID u w mosm.-w THE FOLLOWING DESCRIBED PREMISES, TO —WIT: 0lIRS71116ATSLY 35 ACRLS Of LAND LSCAT96 ON WEST SCCTISN W 0. N. STCMBN! fltTNATISN PLAUT PRWRTY FORA TERM OF YEARS BEGINNING 19 59 0 AND ENDING �, 19 , SUBJECT TO THE FOLLOWING CONSIDERATION, hOVENANTS r I AND CONDITIONS, TO -WIT: 1. THE LESSEE I$ TO PAY THERFOR THE F04LOWING 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 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 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 I AVERAGED PER ACRE ON THE MARKET. IT IS AGREED THAT CITY t SHALL PAY ONE -THIRD OF THE HAULING EXPENSE FOR HARVESTING j- ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO - THIRDS OF SUCH 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. i (B) IN ADDITION THERETO, LESSEE AGREES TO PAY THEREFOR h AS RENTAL A YEARLY CASH BONUS PER ACRE OF f, — DOLLARS BEING A TOTAL YEARLY CASH BONUS OF M v. n &jQOLLARS �f PAY - I, •1 I� ABLE IN ADVANCE AS FOLLOWS: t Au rlU ALLY • 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 t I ACCURATE BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE ABOVE DESCRIBED CULTIVATION OF THE PREMISES HEREBY LEASED, AND THAT SUCH I� BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY. l 5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF —2— d P THIS CONTRACT, INCLUDING NOTICES TO THE CITYp 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 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 LEASEp 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 CROPX THEN THE AVERAGE RETURN ON AN ACREAGE BASIS THAT LIKE CROPS BRING ON UNSOLF LAND COVERED BY THIS LEASE, OR IF NO UNSOLD LAND COVERED BY THIS LEASES OR IF NO UNSOLD LAND THEN ON SIMILAR LAND IN THE IMMEDIATE VICINITY. ANY PAYMENTS SO MADE SHALL BE IN PROPORTION TO THE TENANTS 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 WASTERS AND SHALL KEEP THE SAID PREMISES IN GOOD REPAIR AT HIS OWN EXPENSEI AND AT THE END OF THE EXPIRATION OF THE TERM OF THIS LEASEp 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 PREMISES FOR ANY ILLEGAL OR IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS OF THE STATE OF a TEXAS, THE UNITED STATESp 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 MALTS 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 DESIjkNATED BY THE CITY OR THE CITY FIRE DEPARTMENT. n 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 HEALTHY SANITATION AND POLICE DEPART- MENTS OF THE CITY FOR THE CORRECTIONS 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 LEASES 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 ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMANDS 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 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 OBTAINS 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 AFORESAIDI OR ANY RENT DUE AND UNPAID UNDER SAID LEASES UPON ALL CROPS/ GOODSp WARES, CHATTELS, IMPLEMENTS FIXTURES, FURNITURES TOOLSp AND OTHER PERSONAL -4- PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED ON SAID PREMISES BY THE LESSEE, WHICH 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, CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER LESSOR LESSEE THAT THE FOREGOING ORDINANCE WA AD FOR THE �R,BJpL- _'F%'Tp�'IME AND PASSED TO ITS SECOND READING ON THIS THE AY OF,S� %s I 1�f BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. (HUMBLE GABE y.. LOZANO, SR. /J THAT THE FOREGOING ORDINANCE WA�yg /,READ FOR T(fR SE TIME A�tO PASSED TO ITS THIRD READING ON THI S THE / {o DAY OF_•�z� =� If 19 Jf BY THE FOLLOWING VOTEY "T-'� ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE X. LOZANO, SR. THAT THE FOREGOING DINANCE W (DRE.Ary��FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF l Y �.1 l y 19 _/f y BY THE FOLLOWING VOTE; ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE x LOZANO, SR. PASSED AND APPROVED, THIS THEIDAY OF , 191 ATT r MAYOR CITY SE R RY THE CITY 4ORPUS C 4STI, TEXAS APPROVED AS TO LEGY FORM THIS 9 DAA OFy 19�s CITY AT ORNEY