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/
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"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
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v
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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
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4ro,oki.S;o/,,nFer/
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..,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