Loading...
HomeMy WebLinkAbout19550 ORD - 11/18/1986T• AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 14C -D AND THREE YEAR FARMING LEASE AGREEMENT IN CONNECTION WITH THE INTERNATIONAL AIRPORT LAND ACQUISITION PROJECT; APPROPRIATING $907,350; AND PROVIDING FOR PUBLICATION OF SAID LEASE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute the documents necessary for the acquisition of Parcel 14C -D and three year farming lease agreement in connection with the International Airport Land Acquisition Project, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and "B" respectively. SECTION 2. That there is hereby appropriated $907,350 out of the Airport Bond Fund. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 09P.081.01 issso MICROFILMED International Airport Land Acquisition Parcel 14C -D REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES j• This memorandum of agreement is made and entered into by and between the following named owners of undivided interests in and to the hereinfafter described real property located in Nueces County, Texas. The ownership interest of each party hereto is set out following his or her name, to -wit: 1. P. W. Kelly, Jr. owns six -tenths (6/10ths) of one- fourth (1/4th) interest; 2. Barbara Ann Kelly Caldwell owns one-tenth (1/10th) of one-fourth (1/4th) interest; 3. Katherine Kelly Nicolini owns one-tenth (1/10th) of one-fourth (1/4th) interest; 4. P. W. Kelly, III (Bill) owns one-tenth (1/10th) of one-fourth (1/4th) interest; 5. Carol Lynn Kelly Gillingham owns one-tenth (1/10th) of one-fourth (1/4th) interest; 6. John H. Kelly and wife, Mary Joyce Kelly own one- fourth (1/4th) interest; 7. Robert H. Kelly and wife, Margaret Ann Kelly own one-fourth (1/4th) interest; and 8. Mary Elizabeth Kelly Zuberbueler and husband, John U. Zuberbueler, own one-fourth (1/4th) interest. All of the above named owners reside in the State of Texas, herein called Sellers, and the City of Corpus Christi of the County of Nueces, State of Texas, herein called Buyer, W ITNESSET H: 1. The Sellers, for the consideration and upon the terms hereinafter set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy from Sellers, the fol- lowing described property situated in Nueces County, Texas, to -wit: Page 1 of 12 Field notes for a 199.586 acre tract of land, out, of Tract 6, Margaret'Kelly Lai as shown by map of record in Volume 8, Page 40, Map Records, Nueces County, Texas and located approximately 6.5 miles southwest of the County Courthouse in Corpus Christi, Texas, said 199.586 acre tract being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the southwest corner of said Tract 6, for the southwest and beginning corner of the tract herein described; Thence due North, with the east line of Tract 7, said Margaret Kelly Lands, and with the west line of said Tract 6, a distance of 1892.46 feet to a 1" iron pipe in the arc of a curve, the southeast right of way line of Joe Mireur Road (State Highway No. 763) for the northwest corner of the tract herein described; Thence in a northeasterly direction with the southeast right of way line of said Joe Mireur Road, and with the arc of a curve to the left whose central angle is 13°58'08", whose radius is 1100.00 feet, an arc distance of 268.16 feet to a 1" iron pipe for the P.T. of said curve, and a corner of the tract herein des- cribed; Thence N.46°47'40"E., still with the southeast right of way line of said Joe Mireur Road, a distance of 797.46 feet to a 1" iron pipe in the most westerly corner of a 4.576 acre tract conveyed to the City of Corpus Christi by John Kelly, et al and recorded in Volume 1721, Page 153, et seq., Deed Records, Nueces Count;:, Texas, and for a corner of the tract herein described; Thence 5.43°11'05"E., with the southwest line of said 4.576 acre tract, a distance of 498.31 feet to a 1" iron pipe its most southerly corner thereof and for an interior corner of the tract herein described; Thence N.46°47'40"E., with the southeast line of said 4.576 acre tract, a distance of 400.00 feet to a 1" iron pipe in its most easterly corner thereof, for an interior corner of the tract herein described; Thence N.43°11'05"W., with the northeast line of said 4.576 acre tract, a distance of 498.31 feet to a 1" iron pipe in its most northerly corner thereof and in the southeast right of way line of said Joe Mireur Road for an interior corner of the tract herein described; Thence N.46°47'40"E., with the southeast right of way line of said Joe Mireur Road, a distance of 346.01 feet to a 1" iron pipe for a corner of the tract herein described; Thence in a northerly direction with the arc of a curve to the left whose cen- tral angle is 38°59'40", whose radius is 1055.00 feet, and with the southeast right of way line of said Joe Mireur Road, an arc distance of 745.34 feet to a 5/8" iron rod in the southwest corner of a .91 acre tract of land conveyed to Coastal Bend Fertilizer and Implement Company, Inc., by P. W. Kelly, et al by deed recorded in Volume 939, Page 412, et seq., Nueces County, Texas, Deed Records, for the most northerly corner of the tract herein described; Thence 5.82°12'00"E., with the south line of said .91 acre tract, a distance of 64.87 feet to a 1" iron pipe for a corner of the tract hererin described; "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) 2 Thence 5.43°11'05"E., a distance of 2100.97.feet.to a 1" iron pipe in the west line of Tract 1, said Margaret Kelly Lands and in the east line of said Tract 6 for the most easterly northeast corner of the tract herein described; Thence due South with the east line of said Tract 6, a distance of. 2191.92 feet to a 1" iron pipe in its southeast corner thereof, and in the northeast corner of Tract 5, said Margaret Kelly Lands, for the southeast corner of the tract herein described; Thence due West with the south line of said Tract 6, the north line of said Tract 5, a distance of 3165.58 feet to the point of beginning. Containing 199.586 acres of land. 2. The purchase price is Nine hundred two thousand Seven hundred Fifty Dollars and no cents ($902,750.00). 3. The Seller(s) shall provide at the expense of Buyer, a title insurance policy, without exceptions to said title being made in said title policy, which policy shall wholly insure and indemnify the Buyer against any title defects or adverse claims thereto. Said title in- surance policy shall be issued through a reliable title insurance company and shall be delivered to the Buyer on the date of the closing of this transaction. 4. Upon the securing of the title insurance policy provided for herein, Seller(s) agree(s) to deliver at the expense of Buyer a good and sufficient general warranty deed drawn in accordance with the pro- visions° of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to make the cash payment. "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) 3 5. All taxes to be paid by Seller(s) up to and including the year 1985. 6. All current taxes, if any, are to be prorated between the Buyer and the Seller(s) for the year 1986 to date of closing, except as may be herein otherwise provided. 7. Buyer has this day deposited with the title insurance company or title guaranty company the sum of $ 10,000 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to consummate this contract as herein specified for any reason, except title defects, the Seller(s) shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific per- formance hereof. When the executed deed and any other necessary exe- cuted papers and the balance of the cash payment are in possession of the title insurance company or title guaranty company said title company will close the transaction in accordance with its usual and customary procedure. In the event Seller(s) fail(s) to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein, the Buyer may enforce performance of this contract by an action for specific performance thereof. 8. The Buyer agrees to accept title subject to all outstanding "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) 4 restrictive covenants, easements and use restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. 9. It is understood by all parties hereto that this transaction is to be closed through the title insurance company or title guaranty company on or before ninety (90) days from this date. Possession to be given to Buyer upon execution of "Warranty Deed" by Seller(s). 10. By Seller(s) execution hereof, Seller(s) acknowledge(s) that he (she) (they) have read this agreement and understand that this a- greement is not binding on Buyer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. It is further understood, however, that Buyer must execute this agreement within sixty (60) days from the date of Sell.er(s) execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. Seller will be allowed to farm the subject property for a period of three (3) years after closing of this transaction under the terms and conditions as set forth in a separate farming lease agreement with the Buyer. 12. Seller will retain the improvements and will remove same at Seller's expense within 90 days after receiving written notification from the Buyer. Said notification will occur no sooner than October 31, "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) 5 1989. Seller will not be required to remove the concrete foundations of said improvements. 13. Seller will retain all mineral rights to the subject pro- perty. 14. Sellers to retain a 10' utility easement for the extension of an existing 2" water line to be located underground and across subject property as described in Exhibits "A and B" which are attached hereto' and made a part of this agreement for all purposes. Seller agrees that the extension of said 2" water line shall be used only for the continued supply of water for agricultural purposes. In the event said land served by the extension of such 2" water line is a- bandoned for agricultural uses, or such use is changed to any non- agricultural use, then, in such event, such water service for agri- cultural use shall be terminated by City and all rights of owner in said water line easement shall cease and all rights in and to said easement shall revert to City of Corpus Christi, Texas. "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) 6 EXECUTED'in triplicate, either copy of which shall constitute:an original, on this the u2.34 day of ft", Q -e 2/0,✓ P. W. Kelly, Jr. 1 ,o,- , 192.4—. Mary gizabfth Zuber,04eler ohn U. Zub ueler Robert H. Kelly Margaret Ann Kelly / =Barbara Ahn Kel y Ca Carol Lyn» Kelly Gillin1gham /r7 Katherine�� Cally Nicnlini P. W. Kelly III (3i11) SELLERS ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary APPROVED: James K. Lontos, P.E., Assistant City Manager "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D By: Craig A. McDowell City Manager BUYER APPROVED/ATO LEGAL FORM THIS DAY OFA/� �u.`1,1,L_ , 1986. HAL GEOR , CITY ATTORNEY Assistcit it Attorney THE STATE OF TEXAS COUNTY OF NUECES 1 This instrument was acknowledged before me on 1986 by Craig A. McDowell, City Manager for the City of Corpus Christi, Texas, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF NUECES [ This instt5Iipaenuuuq �ttp rae`acknowledged before me on :986 by ?...:W<j tally°�.gs�4‹ �I•• *' ;l\` y '.•. QTc•. . ,, „4tnttt''••' THE STATE OF TEXAS 1 COUNTY OF NUECES [ Notary Public in°and for the State of Texas / ' L,NL;4 J %,f.'S(`n et q This instrument was acknowledged before me on ,,2 .d1�„..,, /9O� 1966 by John N. Kelly and wife, Mary Joyce Kelly. THE STATE OF TEXAS [ Nota- Py61yd .for the State of Texas Notary Public. State of Texas My Comm scion Expires 6/10/99 COUNTY OF VALVERDE This instrument was acknowledged before me on-...?4.1.1.t.0-464,7'� /6;16, , 1986 by Robert H. Kelly and wife, Margaret Ann Kelly. Notary PS/bile in and for the State of Texas 68- oS-R "Real Estate Sales Contract” INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D THE STATE OF TEXAS I COUNTY, OF VALVERDE 1 This instrument was acknowledged before me onc,2 /9R(D , 1986 by Mary Elizabeth Zuberbueler and husband, John U. Zuberbueler. THE STATE OF TEXAS COUNTY OF NUECES ,7 1171 Vazk-� Notary uublic in and for the State of Texas 03-o5- V9 This instrument was acknowledged before me on %C.,//2�' ^nslzL /JPC 1986 by Barbara Ann Kelly Caldwell. • G' pct_ c ci cv_% ' L cC(�'Lcr'L G tf Notary Public in and for the State of Texas LOUtOE H CALDWELL THE STATE OF TEXAS 1 COUNTY -L-IVE-"OAK'N!+ecesI This instrumegA•twafi; acknowledged before me on .S '/; •'n; r <• i' i 1986 by Carol kip.1Cee_]e =��Y� I p �ngham. ,.y r\_i7-� J QS 1 N •/•� n•1 ', U,' V i"• THE STATE OF TEXAS4'4+ COUNTY OF NUECES j This instrument was acknowledged before me on Notary Public in and for the State of Texas 1986 by Kathwt.6'� THiiglly Nicolini. YYe•,lh�e,�C�� /IA- „ x: 01. o., `// 1 ��; "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) Notary Public in and for the State of Texas 9 THE STATE OF TEXAS [ COUNTY OF NUECES 1 CC This instrument was acknowledged before me on nJr ntn _ eye— X70 , 1986 by P. W. Kelly III (Sill). "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) • Notary Public in and for the State of Texas ,Lin%Di1✓ . 7/./?. se/2 1/ �c��.n,ssion/ EA-pi2es . J''- 23-J 7 10 • Ai ( 11 t z 4g4,0 4.317.39.• 0 -"b•. NONix +141.1.—•- c',/4. rev r eerpcs• • • ii•laile• „lbw, 1 • r , •rave Pese el wean* /.{ 3' 77 -ed A:•//..• Lexr's e0 red Pr. mo, Cow* r Wee. • , ilvr.5. meo am. te••4reve-e.„4, .:(Wann• /727, /51 f39, 4Q/Z ':4 A/o. 90 MO A/cetes aV.1/7/?, 7a. ktvs ii•ez, earc:5. "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C -D (Kelly, et al) 'Vest' Mol'oPar/h7/7 oi TRACT 6 KELLY.Z ANDS ,•?..-71%rewee, Li•Vame6 Ave. slo, Mg," .e.•• n/ueces croxt,o7Eir. , .5ce .ra,•••,,c Air/ G/15.•• cralsvws,...:4,,,,,, 11 Being a 10 foot wide strip of land out of tract 6, Margaret Kelly Lands, shown by plat in Volume 8, Page 40, Map Records, Nueces county, Texas, the Centerline of which, is further described by metes and bounds as follows: BEGINNING at a point being West 10.00 feet from the Southeast corner of said Tract 6; THENCE North 10.00 feet to a point; THENCE West 1177.00 feet to a point; THENCE North 1740.00 feet to a point; THENCE North 35°15' East 628.00 feet to a point; _BENCE North 794.00 feet to a point. "Real Estate Sales Contract" INTERNATIONAL AIRPORT LAND ACQ. Parcel 14C=D (Kelly, et al) Page 12 of 12 EXHIBIT E FARMING LEASE AGREEMENT (Corpus Christi International Airport) THE STATE OF TEXAS 1 COUNTY OF NUECES 1 THIS AGREEMENT, made and entered into this the 25th. day of September , 1986, by and between the City of Corpus Christi, Texas, a municipal corporation, (Lessor) here- inafter called "City" and John H. Kelly and/or son, James P. Kelly of Nueces Count_:, Texas, hereinafter called Lessee, WITNESSETH: The City of Corpus Christi does 5y cnese presents lease and demise unto the said Mr. John H. Kelly and/or James P. Kelly the following described premises, to wit: That certain parcel of land on the Airport, shown on the plan or sketch attached here- to, marked Exhibit "A" and hereby made a part hereof, the said parcel being more par- ticularly described as a 199.586 acre tract of land out of Tract 6, Margaret Kelly Lands and more fully described as follows: Field notes for a 199.586 acre tract of land out of Tract 6, Margaret Kelly Lands, as shown by map of record in Volume 8, Page 40, Map Records, Nueces County, Texas and located approximately 6.5 miles southwest of the County Courthouse in Corpus Christi, Texas, said 199.586 acre tract being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the southwest cor- ner of said Tract 6, for the southwest and begin- ning corner of the tract herein described; Thence due North, with the east line of Tract 7, said Margaret Kelly Lands, and with the west line Page 1 of 9 of said Tract 6, a distance of 1892.46 feet to a 1" iron pipe in the arc of a curve, the south- east right of way line of Joe Mireur Road (State Highway No. 763) for the northwest corner of the tract herein described; Thence in a northeasterly direction with the south- east right of way line of said Joe Mireur Road and with the arc of a curve to the left whose cen- tral angle is 13°58'08", whose radius is 1100.00 feet, an arc distance of 268.16 feet to a 1" iron pipe for the P.T. of said curve, and a corner of the tract herein described; Thence N.46°47'40"E., still with the southeast right of way line of said Joe Mireur Road, a dis- tance of 797.46 feet to a 1" iron pipe in the most westerly corner of a 4.576 acre tract conveyed to the City of Corpus Christi by John Kelly, et al and recorded in Volume 1721, Page 153, et seq., Deed Records, Nueces County, Texas and for a cor- ner of the tract herein described; Thence 5.43°11'05"E., with the southwest line of said 4.576 acre tract, a distance of 498.31 feet to a 1" iron pipe its most southerly corner there- of and for an interior corner of the tract herein described; Thence N.46°47'40"E., with the southeast line of said 4.576 acre tract, a distance of 400.00 feet to a 1" iron pipe in its most easterly corner thereof, for an interior corner of the tract here- in described; Thence N.43°11'05"W., with the northeast line of said 4.576 acre tract, a distance of 498.31 feet to a 1" iron pipe in its most northerly corner thereof and in the southeast right of way line of said Joe Mireur Road for an interior corner of the tract herein described; Thence N.46°47'40"E., with the southeast right of way line of said Joe Mireur Road, a distance of 346.01 feet to a 1" iron pipe for a corner of the tract herein described; "FARMING LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St Farm Rd 763) (Kelly) (1986-1989) 2 Thence in a northerly direction with the arc of a curve to the left whose central angle is 38°59'40", whose radius is 1055.00 feet and with the south- east right of way line of said Joe Mireur Road, an arc distance of 745.34 feet to a 5/8" iron rod in the southwest corner of a .91 acre'tract of land conveyed to Coastal Bend Fertilizer and Implement Company, Inc. by P. W. Kelly, et al by deed recorded in Volume 939, Page 412, et seq., Nueces County, Texas, Deed Records, for the most northerly corner of the tract herein described Thence 5.82°12'00"E., with the south line of said .91 acre tract, a distance of 64.87 feet to a 1" iron pipe for a corner of the tract herein des- cribed; Thence S.43°11'05"E., a distance of 2100.97 feet to a 1" iron pipe in the west line of Tract 1, said Margaret Kelly Lands and in the east line of said Tract 6 for the most easterly northeast corner of the tract herein described; Thence due South with the east line of said Tract 6, a distance of 2191.92 feet to a 1" iron pipe in its southeast corner thereof and in the northeast corner of Tract 5, said Margaret Kelly Lands, for the southeast corner of the tract herein described; Thence due West with the south line of said Tract 6, the north line of said Tract 5, a distance of 3165.58 feet to the point of beginning; Containing 199.586 acres of land, for a term of three (3) years beginning November 1, 1986 and ending October 31, 1989, subject to the following considera- tion, 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 gin- ning charges on all cotton ginned and City agrees to pay one - "FARMING LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St Farm Rd 763) (Kelly) (1986-1989) 3 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 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 pay- able annually following crop harvest. 2. It is understood and agreed that the leased pre- mises 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 "FARMING LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St Farm Rd 763) (Kelly) (1986-1989) 4 inspection by the City. 5. A11 action by the City in connection with the per- formance of this contract, including notices to the City, shall be by and to the City Manager or a person designated by him. 6. The Lessee agrees that he will pay for any and all damages to any utility lines, fences or equipment located on said land which may be incurred by his farming or agricul- tural operations or to replace all such property damaged or destroyed as a result of his agricultural operations. 7. The Lessee agrees to pay for all utilities used at the premises being leased by him. 8. 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. 9. 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. 10. The Lessee shall not permit the sale of malt, vinous or alcoholic beverages on the demised premises. 11. The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, and all orders and requirements imposed by the Health, Sanitation and Police Departments of the City, for the cor- rection, prevention and abatement of nuisances in, upon or connected with said premises during the term of this lease at his own expense. 12. The City reserves the right to enter the said pre - "FARMING LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St Farm Rd 763) (Kelly) (1986-1989) 5 mises 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. 13. The Lessee further agrees that"in case of any de- fault in any of the convenants and conditions of this lease, the City may enforce the performance thereof in any modes or manner provided by law; and may declare the lease for- feited at its discretion and it, its agents, or attorney shall have the right, without further notice or demand, to re-enter and remove all persons therefrom, without being deemed guilty of any manner of trespass and without pre- judice 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 re- mainder 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 there- to 14. 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 operation of the leased premises. 15. 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. "FARMING LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St Farm Rd 763) (Kelly) (1986-1989) 6 16. 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 fol- fowing address: Director of Aviation C.C. International Airport Rt. 2, Box 902 Corpus Christi, Texas 78410 17. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. John H. Kelly Rt. 3, Box 488 Corpus Christi, Texas 78415 "FARMING LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St Farm Rd 763) (Kelly) (1986-1989) 7 WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the day of , 1986. THE CITY OF CORPUS CHRISTI, TEXAS By: ATTEST: Craig A. McDowell, City Manager LESSOR City Secretary APPROVED: James K. Lontos, P.E. Assistant City Manager APPROVED AS TO LEGAL FORM THIS DAY OF 1986. HAL GEORGE, CITY ATTORNEY By: P. Kelly • LESSEE DAY OF 1986. "FARMING LEASE AGREEMENT" [Airport] 199.586 ac. -Joe Mireur Rd (St Farm Rd 763) (Kelly) (1986-1989) 8 ti 1' • 41 0' I'0 v 9�A.� LANA 7.Sm 97J J0 70J 3a' ,1;17°°-1 To c./y of Co,"cY c"5 -d, " • Go/ome '7. , Pw-' /39 ...6"e7 1� 'steed., Coo,* ,a -co 4 encs 1 II 1 cf5•�,e;•-k— , frx e81.44 id NC TO.p M 11 vkF.v II� ' Ll SA, c.r c/a /Me awls/Kr//y Lcn i u t /oTE • is - d,65 SB •.,+' 7his moo o ,xcem//ooly ne/o' itf� Aloe or Porfion of ,Peferences. TR QCT 6 Lmnme /7i, fg/33 /%>A'R4 Ge ume 939, Py. az A.C'ET I�CELLY 2.4:1/0.5 Fi: •• .✓n. 9adV7e, Qc, � .rcnte Lb/an,- en ."0=9e. tro, Moo co�oi h'eetes Gun/y. T vas Nueees COL,* T r. A•eaceccCrd5. o Sm i m iSv t 4ro,oki.S;o/,,nFer/ C,/, Cai,415- rir/i ..,ton .Z./,',.i4, "LEASE AGREEMENT" [Airportl 199.586 ac. -Joe Mireur Rd (St. Farm Rd. 763) (Kelly) (1986) Page 9 of 9 FXHI3IT A ,n.ey-e 1 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS _(City Charter Article IV Section 21) • I certify to the City Council that $ 907,350.00 October 14, 1986 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Project No. 245-82-3 245 Airport Bond Fund Project Name International Airport Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • $902,750 [acquisition] $ 4,600 [closing costs] $907,350 -Parcel 14C -D (Kelly, et al) FIN 2-55 Revised 7/31/69 t 1).53/ 93,2. 11 1 91191 ?k IPei 1)j,11't ; 19_ CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October, 1986 I certify to the City Council that $ 907,350.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Project No. 245-82-3 243 Airport Band` Fund Project Name Tnt ••roar if+^sl Afrpn*t Lppri Acgttigil,n- from which it is proposed to be drawn, and/such money is not appropriated for any other purpose. • $902,750 [acquisition] $ 4,600 [closing costs] $907,350 -Parcel 14C -D (Kelly, et al) FIN 2-55 Revised 7/31/69 1 �{ , 19 5 - Director of Finance I j "/ That the foregoing ordinance }v second reading on this the i� following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinance y,a third reading on this the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the far ng ordinan': was on this the j day of Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the read for e fir't time andsed to its day of , 19264 , by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong read for day of nd time and p s ed to its , 19 )b , by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong r•ad for the hird time and passed finally , 194, by the followiig vote: Bill Pruet Mary Pat Slavik Linda Strong Joe McComb Frank Mendez day of APPROVED: //AbI DAY OF aa , HAL GEORGE, CITY ATTORNEY By Assistant Ci 99.044.01 torney MAYOR THE ITY OF CORPUS CHRISTI, TEXAS 9 I. 19550 STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT In: AD# 64689 . CITY OF C.C./CITY SECRETARY Before me, the undersigned. a Notary Public, this day personally came MURIEL LA RUE . _�._...._.._..�._ „ who being first duly sworn, according to law, says that he is the SENIOR ACCOUNT;I4TG1CLERK Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORD.INAKE..S?Z`L..FIRS.T...RELII?IP1Ix.AUTHORIZSIYG._THF EXEC JITTON of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO.�--� on the.20Lhday ofOCTOBER 19_86, and once each4Y thereafter for one _ consecutive d 1y of the Corpus Christi Caller and The Corpus Christi Times, Jame Times. 58.65 MURIEL LA RUE Subscribed and sworn to before me this 20. b ...dpy of_ 0ET08ER 19..86. Not Public, Nueces County, Tex EUGENIA S. CORTEZ 6-30-89 AUTHORIZING THE EXECU- TION OF NECESSARY THE NECESSARYTHEENTS AC- QUISITION OF PARCEL 14C -D AND THREE YEAR FARMING LEASE AGREEMENT IN CON- NECTION TH THE INTERNATIONAL AIRPORT LAND ACQUISITION PROJ- AT NG 890; THER LEASE .HALL B0, $F'.ALL BEGIN ON NOVEMBER it 1986 AND END OCTOBER `31, 1989, LESSEE WILL PAY ONE-FOURTH OF ALL C0,3"11- TON AND SEED RAISED ON SAID LAND, OF WHICH LES- SEE AGREES TO PAY THREE•FOURTHS OF THE GINNING CHARGES ON ALL COTTON GINNED AND CNE - AGREES TO FOURTH OF GINNING CHAR- GES; LESSEETO PAY A,SHAREAGREES RENTAL OF ONE-THIRD OF THE V C TY ,OF CH FEED; AGREES SUTO PAY S4 CO PER 'ACRE PERXPENSE EAR FOR HAUL- AND {NG COMBINING ALL GRAIN CROPS; OR LESSEE AGREES TO AS R NTALYA YEARLYORCASH GUARANTEE 06 520,00 PER ACRES. S GREATER b Was passed and approvedeCity on •fast reading Y Council of the City of Corpus Christi, Texas on the 140 day of October, 1986 and the full text of saide nce is the Office l able the public • of the coy Secretary do Chape City Secretary Cor us hristi. T xas OCT 1986 RECEIVED fg Cf1Y sEctlErWfsoffta .wi ' 'f/ () s3 STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT lss: ADi 58249.... 11 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came MURIEL LA RUE ., who being first duly sworn. according to law, says that he is the SENIOR ACCOUNTING CLERK,—+ of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ONSECOND 1i.EADINSi...A UTHORTZINGTIIE..EXEGLiTSON of which the annexed is a true copy, was published in CALLER -TIMES on the.27th day of OCTOBER 19$.6., and once each. slay thereafter for o ie consecutive. day one Times. 56.35 --""' -- ML LA UE Subscribed and sworn to before me this 27 Ctl. rt of ilT.OBER 19 86 Not:. ° Public, Nueces County, Texas EUGENIA S. CORTP7 NOTICE OF PASSAGE 1 OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- II TION OF THE DOCUMENTS NECESSARY FOR THE AC- e QUISITION OF PARCEL 14C-D 2' AND THREE YEAR FARMING LEASE AGREEMENT IN CON- jI NECTION WITH THE INTERNATIONAL AIRPORT - LAND ACOUISITION PROD- 5678 AC ��'tj ECT. APPROPRIATING $907,350; THE LEASE I1 SHALL BEGIN ON NOVEMBER 1, 1986 AND.END OCTOBER rq elk' IL 31, 1989; LESSEE WILL PAY Occ, K ONE-FOURTH OF ALL COT- — Cg Mid TON AND SEED RAISED ON 51 T ^ ��LL A - SAID SEE LAGRE S AND, OF W OCH LES- 4 PAY CO v 00 47 THREE-FOURTHS OF THE ICT O 114. G'j' GINNING CHARGES ON ALL ,COTTON GINNED AND CITY - 'r�� vcs V ,vIr FOURTH OF GINNING CHAR- 'AGREES TO PAY ONE- —�c GES; LESSEE AGREES TO F ,S;Z7,tZ0 2- EJ� y?AY A SHARE RENTAL OF 0 -- - - ONE-THIRD OF THE VALUE OF SUCH FEED; CITY AGREES TO PAY $4 00 PER ACRE PER YEAR FOR HAUL- ING EXPENSE AND ' COMBINING ALL GRAIN- CROPS; OR. LESSEE AGREES TO PAY THEREFOR ..e.§._. r RENTAL A YEARLY CAS/ I GUARANTEE OF $2000 PEI ACRES, WHICHEVER I1 GREATER - --- --^•- -- Was passed and approver by the City Council on seconr reading on October 21, 1986 i.... he full text of said ordinance The to the public in thi fflce•of the City Secretary /s/ Armando Chap 1 City Secrotarl Corpus Christ.. Taxa: f/t1'i ' t3Ff'A93A