HomeMy WebLinkAbout17194 ORD - 08/11/1982AN ORDINANCE
AUTHORIZING FARM LEASE AT THE INTERNATIONAL AIRPORT
WITH JOHN H. KELLY FOR A TERM OF FIVE YEARS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION I. That the City Manager be authorized to execute farm
lease agreement with John H. Kelly for the leasing of Tract "D" at the
Corpus Christi International Airport for a term of five years, beginning
I August 16, 1982 and ending August 15, 1987, at a share rental of one-fourth
of all cotton and seed and one-third of the grain crops with a minimum annual
-guarantee of $20 per acre, all as more fully set forth in the lease agree-
ment, a substantial copy of which is attached hereto and made a part hereof,
marked Exhibit A.
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THE STATE OF TEXAS f
COUNTY OF NUECES I
THIS AGREEMENT, made and entered into this the day of
, 1982, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City", and John H.
Kelly of Nueces County, Texas, hereinafter called Lessee,
W ITNESSETH:
The City of Corpus Christi does by these presents lease and de-
mise unto the said Mr. Kelly the following described premises, to wit:
That certain parcel of land on the Airport, shown
on the plan or sketch attached hereto, marked Exhibit
"A" and hereby made a part hereof, the said parcel
being more particularly described as Agricultural
Tract "D " containing 135 acres more or less subject
to measurement,
for a term of five (5) years beginning August 16, 1982, and ending August
15, 1987, subject to the following consideration, 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 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 he 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 premises in Sudan, Rhodes Grass or any other feed
414 7?"
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 $4.00 per acre
per year for hauling expense and combining all grain
crops. Lessee shall give notice to the City that such
crops are being harvested.
(b) Or, Lessee agrees to pay therefor as rental a
yearly cash guarantee of $20.00 per acre, whichever is
greater.
(c) Said rent shall be paid to the Airport Manager
acting as City's agent for the collection of rentals
payable annually following crop harvest.
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 portion
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
this contract, including notices to the City, shall be by and to the Ctty
Manager or a person designated by him.
6. It is understood that the City reserves the rinht 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 lease,
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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, 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
injured 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 wastes, 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 as good order
and condition as same are now in, natural wear and tear and damage from the
elements only excepted.
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 beverages
on the demised premises.
12. The Lessee shall 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 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
observed 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 reenter 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 relet 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 shall make good any
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
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.
17. Any notice or other communication from either party to the
other in regard to this agreement shall be deemed sufficiently given if
sent by certified mail, with postage and fees paid addressed to the party
intended, at the following address;
Director of Aviation
Corpus Christi International Airport
P. 0. Box 9277
Corpus Christi, Texas 78408
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John H. Kelly
Rt. 3 Box 488
Corpus Christi, Texas 78415
WITNESS the execution hereof in duplicate orginals, each of which
is to be considered as an original, this the day of
1982.
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS
THE CITY OF CORPUS CHRISTI, TEXAS
By
City Manager LESSOR
DAY OF , 1982
J. BRUCE AYCOCK, CITY ATTORNEY
By
City Attorney .
APPROVED:
Assistant City Manager
John H. Kelly LESSEE
LESSEE
DAY OF , 1982
That the foregoing ordinancexy read for
second reading on this the ...I:4 day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
f'rst time mid passed to its
,19 by the
That the foregoing ordinance;Mead for
third reading on this the day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the forego' ordinance w
on this the Jjt day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the
ATTEST:
second
ime ak4,paised to its
19 , by the
ead for he thAttime and passed finally
. 19 2(21, by the following vote:
kii:Ctary •
APPROVED:
77 DAY 0
J. BRUCE 4 COCK
By
Assistant
/ ( ,/
Citorney
ATTORNEY
9
THE C TY OF CORPUS CHRISTI, TEXAS
17194
PUBLISHER'S AFTLIWIT - CITY OF" V.10.6345
STATE OF TEXAS, }ss:
County of Nueces. •
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE C. MARTINEZ
who being first duly sworn. according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE,...
of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER-TUES
on the..?.P.c.I... day 19 and once each_ y
consecutive.. .day
19.80 LORRAINE a MARTINEZ
ACCOUNTING CLERK
Subscribed and sworn to before me this 1.Gth. ..day of
thereafter for
..?e9wiefizg.-` &
EUGENIA S. C0RT3.1.
ILGUST
Notary Pub
r7714.777777"771
Nueces County, Texas
OTICE OF ; -
*011irtSalt'EW*
FIRSTiREADINg,
AUTHORIZING FARM
LEASE AT THE INTER
NATIONAL AIRPORT
WITH JOHN H. KELLY
FOR A TERM OF FIVE
YEAR5/
Was passed on first read-
ing by the City Council of 1
City of Cgrpus Christi, Texas
on the 281h day of July, 198
110e full text of said ordi-
nance is available to the pub,
lic in the Office of the Cu
[
ecretary ...-
-- -s-Bill G. Read
City Secret
Corpus Christi
Texas,- ----- v-..- • '