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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