HomeMy WebLinkAbout18654 ORD - 01/15/1985TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONSENT TO THE ASSIGNMENT OF
THE FARM LEASE WITH BENNIE GALLAGHER TO THE KLOSTERMANN
FARMS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager i5 hereby authorized to execute
consent to the assignment of the farm lease with Bennie Gallagher x tothe
Klostennann Farms, all as re fully set forth in the consent to assignment, a
substantial copy of which to attached hereto and made a part hereof, marked
Exhibit "A"
18654
THE STATE OF TEXAS §
COUNTY OF NUECES §
ASSIGNMENT OF FARM LEASE
KNOW ALL BY THESE PRESENT,
Bennie Gallagher of Nueces County, Texas, hereinafter called
"Assignor", hereby conveys and assigns, sub,iect to the consent of the City of
Corpus Christi, to Klosterman Farms of Nueces County, Texas, hereinafter called
"Assignee", all right, title, and interest in the farm lease between Bennie
Gallagher and the City of Corpus Christi, dated August 4, 1982 authorized by
Cityf Corpus Christi Ordinance No. 17182, passed and approved by the City
Council of the City of Corpus Christi on August 4, 1982, which lease is made a
part hereof by reference.
Further, Assignor and Assignee agree to and are hereby bound by the
conditions set forth in the "Consent to Assignment Contract for Farm Lease"
executed by the City of Corpus Christi, which is adopted herein by reference.
Executed this day of , 198 .
ASSIGNOR
Bennie Gallagher
ASSIGNEE
By
klostermann Farms
Name
Title
THE STATE OF TEXAS §
COUNTY OF NIECES
CONSENT TO ASSIGNMENT
CONTRACT FOR FARM LEASE
KNOW ALL BY THESE PRESENTS
WHEREAS, the City of Corpus Christi, Texas, a municipal corporation
(hereinafter "City") entered Into a contract for farming with Bennie Gallagher
of Corpus Christi, Inc., a Texas corporation (hereinafter "Assignor') dated
August 16, 1982.
WHEREAS, Assignor proposes to assign all of its rights, title, and
interest in the aforesaid Contract for farming to Klastermann Farms (hereinafter
"Assignee") of Nueces County,
THEREFORE, for and in consideration of the City's Consent to
Assignment of the aforesaid Contract for fanning from Assignor to Assignee,
Assignee and the City agree to the following teens, covenants and conditions
1 contained herein, Assignee agrees l
that, asa condition to the City's Consent to
Assignment
e
arages o amounts owed the City under the
Contract for fanning dated August 16. 1982 shall be paid in full and all charges
paid current to the date of assignment.
2 The City and Assignee agree that Assignee shall be bound to and
perform all of the terms of the aforesaid Contract, including, but not limited
to making payments to the City for rental and cash bonus in accordance with the
Contract, which is attached hereto and made a part hereof by reference.
3. The tern of this assignment shall be effective upon execution of
this Consent and shall terminate on August 15, 1987.
4. Notice to Assignee with respect to the performance of this
Contract, or for any other purpose, shall be deemed sufficiently given if sent
by certified mail, with postage and fees paid, addressed to
Raymond KtostermannsFarnsnn
Rt. 3
Robstown, Texas 78380
WITNESS the execution hereof in duplicate originals, each of which is
to be considered as an original, this the _ day of , 1984.
CITY OF CORPUS CHRISTI
Edward A Mart]n, City Manager
ATTEST
James K. Lentos, Assistant City Manager
Bill G. Read, City Secretary
APPROVED AS TO FORM.
IIYk DAY OF 1. L. - , 1984
J. BRUCE AYCOCK, CITY ATTORNEY
THE STATE OF TEXAS
• COUNTY OF NIECES
THIS AGFEEMEST, made and entered into this the 15th day of
8u9u80 , 1982, by and between the City of Carpus Christi,
Texas..a municipal corporation. hereinafter called "city". and Bennie
Gallagher of Nueces County, T0000. hereinafter called Lessee,
WI TNESSFTH•
The City of Corpus Christi does by these presents lease and de-
mise unto the said Mr Gallagher the following described premises, to wit
That certain parcel of land an 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 " 2 " containing 140 acres more or less sublect
to measurement,
for a term of five (5) years beginning August 15, 1982, and endinn August
15, 1987, sub,lect 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 ane -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 ane -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 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 premises in Sudan, Rhodes Grass or any other feed
and retain the same for home use he shall pay money
rent therefor on the bass of %,hat the other feed
gown on said leased piemises averaoed per acre on the
market It Is agreed that City shall pay 14 00 per acre
per year for hauling expense and combining all oraln
crops Lessee shall give notIce to the City that such
crops are being harvested
(b) Or, Lessee anrees 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 Manaoer
acting as City's agent for the collection of rentals
payable annually follow', 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 LIty in writino
4 It is further understood that Lessee shall keep a true and
accurate hook of accounts regard, all business matters pertainina to the
05004described cultIvatIon of the premises hereby leased, and that such
books shall be open to inspection hy the City
5 All action by the City in connection with the performance of
this contract, Including notices to the C1ty, shall be by and to the City
Manager or a petson 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 00405 herein
leased 100004 any time durino the term of this lease Should the property
be sold or leased before the erpiration date hereof and the purchaser or
Lessee not be willIng to tale the same sub,ect to this lease and demands
immediate possession, then the Lessee agrees 40000000 and give possession
at any tune 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,
13 The City reserves the right to enter 01,0said premises at
any time during the existence of this lease for the 0,07000 04 inspecting
the same in order to determine whether the terms of said lease ole being
observed and carried cut.
14 The Lessee further agrees that in case of any default 10 004
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 predudice to any remedies foi 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 es security for the lent
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
00 000 over said premises for the purpose of conducting
and carrying on any business incident to other activities of the said City
11 Any notice or other communication from either party to the
other in regard to this agreement shall be deemed sufficiently 01020 ,4
sent by certified mall, with postage and fees paid addressed to the party
intended, at the following address.
Director 00 00104100 gr Bennie Gallagher
Corpus Christi International Airport P 0 Box 10254
P 0 Box 9277 Corpus Christi, Texas 78411
Coprus Christi, Tx 78408
111TOEss the execution hereof In doollcate ornInals, each o
IS to he const dered as an orIgInal, this the day of L/c(
1982
ATTEST.
APPROVED AS TO LEGAL FORM TIIIS
/ OAY Of ,"
N
J. BRUCE AYCOCK, CITY ATTORIIEY
• / L
tCy AT[woe),
hra a er .o.
Assistanan t Ctty hanger
ger N.9
t,n,ch
C
THE CITY OF CORPPS CHRISTI, TEXAS
C1
1982
anaver LLSSRR
7r�t AUTHORIZE,
SECRETARY
LESSFF
LESSFF
'7' DAY OF - r- , 1982
-777
A the foregoing ordinanceread for tM fit time and p ed to
second reading on this the /p#L day of eA rs19r , by the
foil owing vote:
Luther Jones
Betty 9. Turner
David Berlanga, Sr.
Welder Brawn
Leo Guerrero
Dr. Charles 11. Kennedy
Joe McComb
Frank Mendez
Ilary Pat Slavik
That the foregoing rdinanc read far tlla secogd tjme and pg,s d to the third reading on this the day of p(ee15l,64t/ , 19 yr, by the
following vote:
Luther Jones Leo Guerrero
Dr. Charles N. Kennedy
�_.. Joe McComb
Frank Mendez
Mary Pat Slavik
Betty N. Turner
David Berlanga, Sr.
Welder Brown
That the fareg d ordi
on this the day onf
Luther Jones
Betty N. Turner (,/,I AGn,
David Berlanga, Sr.
Welder Brom ib
d far
the tJ1 rd time and passed finally
19 T�, by the followinng, vote:(
Leo Guerreroyyn
Dr. Charles 11. Kennedy
Joe McComb
Frank Mendez
'Mary Pat SJavik
PASSED AND APPROVED, this the /° day of
ATTEST:
,mea City Secreta
APPR90000
/jyf,DAY DF 1968:
J. BRUCE AYCOf 0, CITY AT ORIIEY
By
nt ity Att .e
, 19
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
i SOs y
STATE OF TERAS iJss
Covvty 0f N0000
Before me, the undersigned, a Notary Pah.e, Iiia day penooally came _. -
MARGARET RAMAGE _ who being first duly sworn, eccordmg to law, says that he is the
_ CAMMNNITk RALATIONS_ SUEARVISAR of the Corpus Chsuti Caller sod The Corpus Christi Timm,
Duly Newspapers pubh.Led at Corpus Christi. Teras. ,0 stud County end State, mad that We publication of
NOTICE TO BIOEERS. Sealed_p.o�osa10 addzesaed 30 the City of Corpus Chxiaho
o! winch the annexed is a hue copy, waspublubed in .CALLER TIMES 202LISBING
ovlihely,2jeyof DECEMBER 19aa. and once cart, d?Y__— thereof.,for - _
coneecubm. d Ys
_ TWG Time
110_00 MARGARET RAMAGE eAgf
Suhamibed and sworn to before me Wu 318t .de v u(__ peCe •ez 199A
ENA FOSTER 11-30-00
Notary public, Nu ecm oonly Teas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS. }„
County of Nue.. j
Before inn the undersigned a Notary P.A. Um day personally came-
MARGARET RAMAGE
_ who befog tint duly .worn aemrWng to law, says that he Is the
?COMMUNITY RELATIONS SUPERVISOR
of the Corpus Christi Cuter and The Corpus Chi...Damn
Duty Newspapers published at Corpus ChdW, Tana in said County and State, anti that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIPST READING, AUTHORIZING TEL
ofwhiey the ame.edhatree capy, wu publxhedm Caller -Times Publishing Co.
16th DECEMBER 84 day one
on the _ day of ___ ____ 10. .. and once each. _ _ - _ thertatter for
coosec . day - - _ -
.Twn
37.40 MARGARET RAMAGE
b
Subacnbed end sworn to before me this- -2000
EDNA l.OSTER 11-30-88
19 _84
i'SI+l.-Cdh.� _ _
4 queces Couvry, Texan