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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. 171.94 sgt5 z 8 1§0i goo° , 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, -2- 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 -4- 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-..- • '