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HomeMy WebLinkAbout19888 ORD - 07/28/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF SIX FARMING LEASE AGREEMENTS WITH W. A. WHITMIRE, BERNSEN BROTHERS, JOHN KELLY, KLOSTERMANN FARMS, KOCUREK FARMS, AND PAT McDONOUGH FOR PROPERTY AT CORPUS CHRISTI INTERNATIONAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute six farming lease agreements with W. A. Whitmire, Bernsen Brothers, John Kelly, Klostermann Farms, Kocurek Farms, and Pat McDonough for property at the Corpus Christi International Airport, all as more fully set forth in the lease agreements, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A," "B," "C," "D," "E," and "F," respectively. 05P.185.01 19stie MICROFILMED FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of 1987, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and W.A. Whitmire of Nueces County, Texas hereinafter called Lessee, WITNESSETH: The City of Corpus Christi does by these presents lease and demise unto the said Mr. Whitmire the following described premises, to wit: That certain parcel of land on the Airport, shown on the plan or sketch attached hereto, marked Exhibit "A" and made a part hereof, the said parcel being more particularly described as Agricultural tract(s) 5 containing 414 acres more or less subject to measurement, for a term of five (5) years beginning August 15, 1987, and ending August 14, 1992, subject to the following consideration, covenants and conditions, to wit: 1. The Lessee is to pay therefor the following rental and cash bonus as follows: (a) The consideration for this lease, to be paid by Lessee, is one-fourth of all cotton and seed raised on said land, of which Lessee agrees to pay three-fourths of the ginning charges on all cotton ginned and City agrees to pay one-fourth of such ginning charges. The Lessee agrees that in the event any cotton crop or any portion thereof is sold in the field without har- vesting 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. t. Page 2 (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 Director of Aviation acting as City's agent for the collection of rentals payable 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 inspection by the City. , , 5. All 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 agricultural 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. ,,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 Council of the City of Corpus Chrisit, 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. Page 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 correction, 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- 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 covenants 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 forfeited 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 prejudice to any remedies for arrears of rent or breach of covenant, or the City, its attorneys or agents, may resume possession of the premises and relet the same for the remainder of the term of this lease at the best rent they may obtain, for the account of the Lessee, who shall make good any deficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid or any rent due and unpaid under said lease, upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are not located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 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. 16. Any notice or other communication from either party Page 4 to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with post- age and fees paid addressed to the party intended, at the following address: Director of Aviation C.C. International Airport Route 2 Box 902 Corpus Christi, TX 78410 Corpus Christi, TX 784 17. ALL COSTS OF PUBLICATION al NOTICE OF THIS LEASE AS REOUIRED BY THE CITY CHARTER SHALL, BE PAID BY LESSEE. 18. The terms of the lease shall be binding upon the heirs, executors, administrators, and assigns of the Lessor and Lessee. 19. The Lessee and its successors and assigns, will not make or permit any use of the property which would inter- fere with landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard. This includes such items as electrical or electronic interference with communications, electrical or electronic equipment, creation of smoke or dust or glaring or mis- leading lights. 20. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolu- tions and actions of the City of Corpus Christi,. Texas, constituting agreements between the City and the United States of America and its agents including, but not limited to, the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option. 21. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. Page 5 22. The Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 23. That in the event of breach of any of the preceding non-discrimination covenants, the City of Corpus Christi shall have the right to terminate the license, lease, permit, etc., and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 24. Lessor reserves the right to use said land for Airport development purposes, in which event it shall give Lessee six (6) month advance written notice at the end of which Lessee shall deliver up the dpm sed premises in good order and condition, natural tear and damage from the dements excepted. 25. This lease of land described herein is made and accepted subject to the levy and assessment of ad valorem taxes that may be made on said land during the term of this lease, for which the obligation of payment is hereby assumed by Lessee. WITLESS the execution hereof in duplicate originals, each o which is to be considered as an original, this the day of , 1987. By: ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell, City Manager LESSOR City Secretary A yOVED: i Geor.e D. Hext Director of Aviation APPROVED AS TO LEGAL FORM THIS DAY OF Page 6 1987. HAL GEORGE, CITY ATTORNEY By: City Attorney �J LESSEE Y DAY OF l� 1987. O Tract 1 - Joseph Kocurek 0 Tract 2 - Klostermann Farms 0 Tract 3,A,B - Pat McDonough, Jr. Q Tract C - Bernsen Bros. 0 Tract 5 - W. A. Whitmire 0 Tract D - Kelly Farms Exhibit "A" FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of 1987, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Bernsen Brothers of Nueces County, Texas hereinafter called Lessee, W I. T H E S S E T H : The City of Corpus Christi does by these presents lease and demise unto the said Mr. Bernsen the following described premises, to wit: That certain parcel of land on the Airport, shown on the plan or sketch attached hereto, marked Exhibit "A" and made a part hereof, the said parcel being more rparticularly described as Agricultural tract(s) 'C" containing 154 acres more or less subject to measurement, for a term of five (5) years beginning August 15, 1987, and ending August 14, 1992, subject to the following consideration, covenants and conditions, to wit: 1. The Lessee is to pay therefor the following rental and cash bonus as follows: (a) The consideration for this lease, to be paid by Lessee, is one-fourth of all cotton and seed raised on said land, of which Lessee agrees to pay three-fourths of the ginning charges on all cotton ginned and City agrees to pay one-fourth of such ginning charges. The Lessee agrees that in the event any cotton crop or any portion thereof is sold in the field without har- vesting 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. t cam: "(a' Page 2 (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 Director of Aviation acting as City's agent for the collection of rentals payable 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 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 agricultural 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 Council of the City of Corpus Chrisit, 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. Page 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 correction, 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- 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 covenants 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 forfeited 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 prejudice to any remedies for arrears of rent or breach of covenant, or the City, its attorneys or agents, may resume possession of the premises and relet the same for the remainder of the term of this lease at the best rent they may obtain, for the account of the Lessee, who shall make good any deficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid or any rent due and unpaid under said lease, upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are not located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 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. 16. Any notice or other communication from either party Page 4 to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with post- age and fees paid addressed to the party intended, at the following address: Director of Aviation C.C. International Airport Route 2 Box 902 Corpus Christi, TX 78410 R C' pus=hristi, TX 78P26 17. ALL COSTS QF PUBLICATION OF NOTICE OF THIS LEASE AS REOUIRED BY THE CITY CHARTER SHALL AE PAID BY LESSEE. 18. The terms of the lease shall be binding upon the heirs, executors, administrators, and assigns of the Lessor and Lessee. 19. The Lessee and its successors and assigns, will not make or permit any use of the property which would inter- fere with landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard. This includes such items as electrical or electronic interference with communications, electrical or electronic equipment, creation of smoke or dust or glaring or mis- leading lights. 20. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolu- tions and actions of the City of Corpus Christi, Texas, constituting agreements between the City and the United States of America and its agents including, but not limited to, the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option. 21. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. Page 5 22. The Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (b) land that in the construction of any improvements on, over, or under suchnds of acolor,d the s or of services thereon, no person on the grnunsparticipation race,, deniethe national tional origin shall be excluded from discriminationbenefits of, or otherwise be subjected to r(c) that the lessee shall use the premises in compliance with all requirements imposed by or pursuant to 49 CFR Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 23. That in the event of breach of an non-discrimination covenants, the Cityof Corpus of preceding the right to terminate the license, lease,pe Christi etc., shall to re-enter and repossess said land and the faciitties thee, and to the same as if said lease had never been made or issued. and hold 24. Lessor reserves the right to use said land for development purposes, in which event it shall six (6) Airportmonth advance written notice at the end of which Lessee shall deliver drpma e f the demised thepremises in good order and condition, natural tear and g dements excepted. 25. This lease of land described herein is made and accepted subject to the levy and assessment of ad valorem taxes that may be made on said land during the term of this lease, for which the obligation of .payment is hereby assumed by Lessee. WITNESS the execution hereof in duplicate ori considered as an original, this the day o fginals' each of which 1987. 7 to be By: ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell, City Manager LESSOR City Secretary AP, OVED: APPROVED AS TO LEGAL FORM THIS DAY OF Page 6 1987. HAL GEORGE, CITY ATTORNEY By: City Attorney George D. Hext Director of Aviation LESSEE CD Tract 1 - Joseph Kocurek 0 Tract 2 - Klostermann Farms O Tract 3,A213 - Pat McDonough, Jr. Tract C - Bernsen Bros. O Tract 5 - W. A. Whitmire 0 Tract D - Kelly Farms Exhibit "A" FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of 1987, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and John Kelly of Nueces County, Texas hereinafter called Lessee, W I T H E S S E T Ij The City of Corpus Christi does by these presents lease and demise unto the said . Kelly Farms the following described premises, to wit: That certain parcel of land on the Airport, shown on the plan or sketch attached hereto, marked Exhibit "A" and made a part hereof, the said parcel being more particularly described as Agricultural tract(s) 'D" containing 135 acres more or less subject to measurement, for a term of five (5) years beginning August 15, 1987, and ending August 14, 1992, subject to the following consideration, covenants and conditions, to wit: 1. The Lessee is to pay therefor the following rental and cash bonus as follows: (a) The consideration for this lease, to be paid by Lessee, is one-fourth of all cotton and seed raised on said land, of which Lessee agrees to pay three-fourths of the ginning charges on all cotton ginned and City agrees to pay one-fourth of such ginning charges. The Lessee agrees that in the event any cotton crop or any portion thereof is sold in the field without har- vesting 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. Page 2 (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 Director of Aviation acting as City's agent for the collection of rentals payable 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 inspection by the City. 5. All 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 agricultural 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 Council of the City of Corpus Chrisit, 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. Page - 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 correction, 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- 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 covenants 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 forfeited 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 prejudice to any remedies for arrears of rent or breach of covenant, or the City, its attorneys or agents, may resume possession of the premises and relet the same for the remainder of the term of this lease at the best rent they may obtain, for the account of the Lessee, who shall make good any deficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid or any rent due and unpaid under said lease, upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are not located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 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. 16. Any notice or other communication from either party Page 4 to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with post- age and fees paid addressed to the party intended, at the following address: Director of Aviation C.C. International Airport Route 2 Box 902 Corpus Christi, TX 78410 Corpus Christi, TX 7841 17. ALL COSTS U. PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. 18. The terms of the lease shall be binding upon the heirs, executors, administrators, and assigns of the Lessor and Lessee. 19. The Lessee and its successors and assigns, will not make or permit any use of the property which would inter- fere with landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard. This includes such items as electrical or electronic interference with communications, electrical or electronic equipment, creation of smoke or dust or glaring or mis- leading lights. 20. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolu- tions and actions of the City of Corpus Christi, Texas, constituting agreements between the City and the United States of America and its agents including, but not limited to, the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option. 21. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. Page 5 22. The Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in otherwise subjected to discrim;,n� denied the benefits or be tion in the use of said facilit ities, (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Non-discriminationin Federally Assisted Programs of the De Transportation, and as said Re Department of Regulations may be amended. 23. That in the event of breach of an non-discrimination covenants, the City of Corpus Cf the preceding the right to terminate the license, lease, Christi shall haveo re-enter and repossess said land and the facilities thereon, etc., and to the same as if said lease had never been made or issued. and hold 24. Lessor reserves the right to use said land for Airport development purposes, in which event it shall give Lessee six (6) ". monthe demised th advance written notice at the end of which Lessee shall deliver damage fromepremises in good order and condition, natural tear and dements excepted. 25. This lease of land described herein is rade and accepted subject to the levy and assessment of ad valorem taxes that may be made on said land during the term of this lease, for which the obligation of payment is hereby assumed by Lessee. WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the day 1987. •ti By: ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell, City Manager LESSOR APP City Secretary VED: • Georg D. Hext Director of Aviation APPROVED AS TO LEGAL FORM THIS DAY OF • Page 6 1987. HAL GEORGE, CITY ATTORNEY By: City Attorney LESSEE LESSEE _a"17____DAY OF 9727/ 1987. Dom ik TRACT 3 M�« Kew ftel4 'rRAer • kt zr«ii„ P •n/a''t /5 Q Tract 1 - Joseph Kocurek Q Tract 2 - Klostermann Farms Q Tract 3,A,B - Pat McDonough, Jr. Q Tract C - Bernsen Bros. Q Tract 5 - W. A. Whitmire Q Tract D - Kelly Farms Exhibit "A" FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of 1987, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Klostermann Farms of Nueces County, Texas hereinafter called Lessee, W I T N E S S E T H: The City of Corpus Christi does by these presents lease and demise unto the said Mr. Klostermann the following described premises, to wit: That certain parcel of land on the Airport, shown on the plan or sketch attached hereto, marked Exhibit "A" and made a part hereof, the said parcel being more particularly described as Agricultural tract(s) "2" containing 140 acres more or less subject to measurement, for a term of five (5) years beginning August 15, 1987, and ending August 14, 1992, subject to the following consideration, covenants and conditions, to wit: 1. The Lessee is to pay therefor the following rental and cash bonus as follows: (a) The consideration for this lease, to be paid by Lessee, is one-fourth of all cotton and seed raised on said land, of which Lessee agrees to pay three-fourths of the ginning charges on all cotton ginned and City agrees to pay one-fourth of such ginning charges. The Lessee agrees that in the event any cotton crop or any portion thereof is sold in the field without har- vesting 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. tAa. Du Page 2 (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 Director of Aviation acting as City's agent for the collection of rentals payable 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 inspection by the City. 5. All 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 agricultural 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 Council of the City of Corpus Chrisit, 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. Page 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 correction, 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- 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 covenants 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 forfeited 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 prejudice to any remedies for arrears of rent or breach of covenant, or the City, its attorneys or agents, may resume possession of the premises and relet the same for the remainder of the term of this lease at the best rent they may obtain, for the account of the Lessee, who shall make good any deficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid or any rent due and unpaid under said lease, upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are not located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 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. 16. Any notice or other communication from either party Page 4 to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with post- age and fees paid addressed to the party intended, at the following address: Director of Aviation, C.C. International Airport Route 2 Box 902 Corpus Christi, TX 78410 r4>>_ 17. ALL COSTS QF PUBLICATION OF NOTICE QF THIS LEASE AS REOUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. 18. The terms of the lease shall be binding upon the heirs, executors, administrators, and assigns of the Lessor and Lessee. 19. The Lessee and its successors and assigns, will not make or permit any use of the property which would inter- fere with landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard. This includes such items as electrical or electronic interference with communications, electrical or electronic equipment, creation of smoke or dust or glaring or mis- leading lights. 20. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolu- tions and actions of the City of Corpus Christi, Texas, constituting agreements between the City and the United States of America and its agents including, but not limited to, the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option. 21. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. Page 5 22. The Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 23. That in the event of breach of any of the preceding Ion -discrimination covenants, the City of Corpus Christi shall have the right to terminate the license, lease, permit, etc., and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 24. Lessor reserves the right to use said land for Airport development purposes, in which event it shall give Lessee six (6) month advance written notice at the end of which Lessee shall deliver up the demised premises in good order and condition, natural tear and damage from the dements excepted. 25. This lease of land described herein is made and accepted subject to the levy and assessment of ad valorem taxes that may be made on said land during the term of this lease, for which the obligation of payment is hereby assumed by Lessee. WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the day of , 1987. By: ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell, City Manager LESSOR City Secretary APP,/ VED: George D. Hext Director of Aviation APPROVED AS TO LEGAL FORM THIS DAY OF 1987. HAL GEORGE, CITY ATTORNEY • Page 6 By: City Attorney ,.. LESSEE LESSEE d DAY OF 1987. Q Tract 1 - Joseph Kocurek p Tract 2 - Klostermann Farms (� Tract 3,A,B - Pat McDonough, Jr. 0 Tract C - Bernsen Bros. 0 Tract 5 - W. A. Whitmire Q Tract D - Kelly Farms Exhibit "A" FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of 1987, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and - Kocurek Farms of Nueces County, Texas hereinafter called Lessee, W I T N F Sa S E T H: The City of Corpus Christi does by these presents lease and demise unto the said . Kocurek Farms the following described premises, to wit: That certain parcel of land on the Airport, shown on the plan or sketch attached hereto, marked Exhibit "A" and made a part hereof, the said parcel being more particularly described as Agricultural tract(s) "1" containing 117 acres more or less subject to measurement, for a term of five (5) years beginning August 15, 1987, and ending August 14, 1992, subject to the following consideration, covenants and conditions, to wit: 1. The Lessee is to pay therefor the following rental and cash bonus as follows: (a) The consideration for this lease, to be paid by Lessee, is one-fourth of all cotton and seed raised on said land, of which Lessee agrees to pay three-fourths of the ginning charges on all cotton ginned and City agrees to pay one-fourth of such ginning charges. The Lessee agrees that in the event any cotton crop or any portion thereof is sold in the field without har- vesting 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. Page 2 (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 Director of Aviation acting as City's agent for the collection of rentals payable 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 inspection by the City. 5. All 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 agricultural 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 Council of the City of Corpus Chrisit, 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. Page 3 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 correction, 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- 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 covenants 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 forfeited 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 prejudice to any remedies for arrears of rent or breach of covenant, or the City, its attorneys or agents, may resume possession of the premises and relet the same for the remainder of the term of this lease at the best rent they may obtain, for the account of the Lessee, who shall make good any deficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid or any rent due and unpaid under said lease, upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are not located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 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. 16. Any notice or other communication from either party Page 4 to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with post- age and fees paid addressed to the party intended, at the following address: Director of Aviation C.C. International Airport Route 2 Box 902 Corpus Christi, TX 78410 Corpus Christi, TX 784 17. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REOUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. 18. The terms of the lease shall be binding upon the heirs, executors, administrators, and assigns of the Lessor and Lessee. 19. The Lessee and its successors and assigns, will not make or permit any use of the property which would inter- fere with landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard. This includes such items as electrical or electronic interference with communications, electrical or electronic equipment, creation of smoke or dust or glaring or mis- leading lights. 20. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolu- tions and actions of the City of Corpus Christi, Texas, constituting agreements between the City and the United States of America and its agents including, but not limited to, the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option. 21. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. Page 5 22. The Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Non-discrimination. in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 23. That in the event of breach of any of the preceding non-discrimination covenants, the City of Corpus Christi shall have the right to terminate the license, lease, permit, etc., and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 24. Lessor reserves the right to use said land for Airport development purposes, in which event it shall give Lessee six (6) month advance written notice at the end of which Lessee shall deliver up the demised premises in good order and condition, natural tear and damage from the dements excepted. 25. This lease of land described herein is made and accepted subject to the levy and assessment of ad valorem taxes that may be made on said land during the term of this lease, for which the obligation of payment is hereby assumed by Lessee. WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the day of , 1987. By: ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell, City Manager LESSOR APP City Secretary George"D. Hext Director of Aviation APPROVED AS TO LEGAL FORM THIS DAY OF Page 6 1987. HAL GEORGE, CITY ATTORNEY By: City Attorney 1(t,rur-e %� ms LESSEE LESSEE 27 DAY OF /%y 1987. • _IP," _ Do writ,1 ticDomeu 1 intA ir "Ar ' 'VA c 7'. ift 3 O Tract 1 - Joseph Kocurek 0 Tract 2 - Klostermann Farms 0 Tract 3,A,B - Pat McDonough, Jr. Q Tract C - Bernsen Bros. O Tract 5 - W. A. Whitmire 0 Tract D - Kelly Farms Exhibit "A" FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of 1987, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Pat McDonough of Nueces County, Texas hereinafter called Lessee, W I T nT E S S E T H The City of Corpus Christi does by these presents lease and demise unto the said Mr. McDonough the following described premises, to wit: That certain parcel of land on the Airport, shown on the plan or sketch attached hereto, marked Exhibit "A" and made a part hereof, the said parcel being more particularly described as Agricultural tract(s) "3A" and "8" containing 393 acres more or less subject to measurement, for a term of five (5) years beginning August 15, 1987, and ending August 14, 1992, subject to the following consideration, covenants and conditions, to wit: 1. The Lessee is to pay therefor the following rental and cash bonus as follows: (a) The consideration for this lease, to be paid by Lessee, is one-fourth of all cotton and seed raised on said land, of which Lessee agrees to pay three-fourths of the ginning charges on all cotton ginned and City agrees to pay one-fourth of such ginning charges. The Lessee agrees that in the event any cotton crop or any portion thereof is sold in the field without har- vesting 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. Page 2 (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 Director of Aviation acting as City's agent for the collection of rentals payable 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 inspection by the City. 5. All 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 agricultural 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 Council of the City of Corpus Chrisit, 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. ' Page 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 correction, 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- 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 covenants 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 forfeited 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 prejudice to any remedies for arrears of rent or breach of covenant, or the City, its attorneys or agents, may resume possession of the premises and relet the same for the remainder of the term of this lease at the best rent they may obtain, for the account of the Lessee, who shall make good any deficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid or any rent due and unpaid under said lease, upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are not located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 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. 16. Any notice or other communication from either party Page 4 to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with post- age and fees paid addressed to the party intended, at the following address: Director of Aviation al ('\(, 0iU-0LAS )" C.C. International Airport Ly Route 2 Box 902 _y Corpus Christi, TX 78410 Corpus Christi, TX 784 17. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REOUIRED BY THE CITY CHARTER SHALL BSE—PAID BY LESSEE. 18. The terms of the lease shall be binding upon the heirs, executors, administrators, and assigns of the Lessor and Lessee. 19. The Lessee and its successors and assigns, will not make or permit any use of the property which would inter- fere with landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard. This includes such items as electrical or electronic interference with communications, electrical or electronic equipment, creation of smoke or dust or glaring or mis- leading lights. 20. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolu- tions and actions of the City of Corpus Christi, Texas, constituting agreements between the City and the United States of America and its agents including, but not limited to, the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option. 21. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. Page 5 22. The Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 23. That in the event of breach of any of the preceding non-discrimination covenants, the City of Corpus Christi shall have the right to terminate the license, lease, permit, etc., and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 24. Lessor reserves the right to use said land for Airport development purposes, in which event it shall give Lessee six (6) month advance written notice at the end of which Lessee shall deliver up the demised premises in good order and condition, natural tear and damage from the dements excepted. 25. This lease of land described herein is rade and accepted subject to the levy and assessment of ad valorem taxes that may be made on said land during the term of this lease, for which the obligation of payment is hereby assumed by Lessee. WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the day of , 1987. By: ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell, City Manager LESSOR City Secretary AP 2/P VED: i 4.4 Georg- D. Hext Director of Aviation APPROVED AS TO LEGAL FORM THIS DAY OF Page 6 1987. HAL GEORGE, CITY ATTORNEY By: City Attorney LESSEE 7 DAY OF ` Ct-1 1987. - -i •.• r.3 •-7IIII•• ••II7,III- • -_--- - -- -- I Tit AcT .1. Ktacurel4 'rifler • kW:Erma:I n ° •.1 •r• 103 Il•rel.er /5 71J ott: 7I 11 d• t•et t•h.04 r • k P-rere: • L:2 e ' '4, • .e •114. OT 5 Ar.rr. AI PO r. 11.1 • fis.e•I tlI fr...5..t. 0 Tract 1 - Joseph Kocurek 0 Tract 2 - Klostermann Farms O Tract 3,A,B - Pat McDonough, Jr. 0 Tract C - Bernsen Bros. 0 Tract 5 - W. A. Whitmire 0 Tract D - Kelly Farms Exhibit "A" That the foregoing ordinance was read for he first time second reading on this the p8/11011,day of following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the second third reading on this the day of following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez That the foregoing ordinance. was read this the Id_ day of G)a,µ,Ltir— Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez atel PASSED AND APPROVED, this ATTEST: .44,9 (2.414egge,_—/ City ��yecretary Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong and passed to its , 198"7 , by the time and wed to its , 19 S7 , by the for the third time and passed finally on , 19 by the following vote: Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong the a,day of PP�BI1V�ED: 7fI DAY OF HAL GEORGE, CITY ATTORNEY By ,�/ Assistant City I �"rney 99.044.01 e , 19k7 ,199'7. THE CITY OF CORPUS CHRISTI, TEXAS 19888 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: AD# 43585 County of Nueces. CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came MURIEL LARUE SENIOR ACCOUNTING CLERK , who being first duly sworn, according to law, says that be is the 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 NOTI5:E OF PASSAGE OF ORDINANCE ON FIRST READING AUPHORJZING gp [,-CALL _Qk_FAE IG-- of which the annexed is a true copy, was published ink -TSS PUBLISHING COMPANY �. on the. 2Q day of JUNE 1931..., and once each.. slay_......... thereafter for one consecutive day one Times. - 35.65 MU= TN Subscribed and sworn to before me this 29th of JUNE EUGENIKt : f� l' 6-u3Ve9Co n exas 1 NOTICE OF PASSAGE OF . ORDINANCE ON FIRST READING AUTHORIZING THE RENEW- AL OF FARMING LEASES AT (1HE AIRPORT TO SIX INDE- PENDENT FARMS IBERNSEN BROTHERS, JOHN KELLY, JOSEPH KOCUREK, KLOS- TERMANN FARMS, PAT MCDONOUGH, e.ND W. A. WHITMIRE) FOR A TERM OF FIVE YEAS .EFFECTIVE AU., GUST 15, 1987. EACH LESSEE WILL PAW.A SHARE RENTAL ,OF Y, OF yp,WE OF FEED PLANTED, OR A YEAR- LY CASH GUARANTEE OF $20.00 PER ACRE, WHICH- EVER IS GREATER. , Was passed and approved. n first reading by the City Council of the City of Corpus, Christi. Texas on the 23rd day of June. 1987 and the full text of said ordinance is avail- able to the public in the Office of the City Secretary /1/ Armando Chapa City Secretary Corpus Christi, Texas STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT AD# 22913 CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came MURIEL LA RUE „ who being first duly sworn, according to law, says that he is the SENIOR ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE RENEWAL OF of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING COMPANY onthe.5th_day of JULY 19.87.., and once each. .._.._ Z. thereafter for oxta. consecutive ri.ay ane._ Times. a_ 35.65 MURIEL LA RUE Subscribed and sworn to before me this 1.0x ay of JULY 19.8.2 Not Public, Nueces County, exas EUGENIA S. CORTEZ 6-30-89 STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT }ss: AD# 43652 CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came. MURIEL LA RUE .., who being first duly sworn, according to law, says that he is the SENIOR ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDIANANCE # 19888 AUTHORIZING THERENEWAL OF FARMING LEASES AT THE of which the annexed is a true copy, was published in - SEI.IG I QMPANY on the.:.2nd.. day of ....AUGUST ---.19..$L and once each daX ._-_thereafter for one consecutive day Times $ 3450 MURIEL LA R Subscribed and sworn to before me this VAI._AUGUST 19.. 87 Not Public, Nueces County, T EUGENIA S. CORTEZ 6-30-89 NOTICE OF PASSAGE OF ORDINANCE # 19888 AUTHORIZING THE RENEW42 AL OF FARMING LEASES ATq THE AIRPORT TO SIX INDEtb PENDENT FARMS (BERNSEN BROTHERS, JOHN KELLY JOSEPH KOCUREK, 81,0 TERMANN FARMS, PA MCDONOUGH, AND W:•.- WHITMIRE) FOR A TERM OF , FEED PLANTED, OR A YEARFIVE YEAR? EFFECTIVE AU- GUST 15, 1987 EACH LESSEE WILL PAY A SHARE RENTAL OF % OF VALUE OF LY CASH GUARANTEE OF S20 00 PER ACRE, WHICIit e; EVER IS GREATER, 6,2z4 Was passed and approve, on third reading by the iC. > I Council of the City of Colpug, Christi. Texas on the 28t1sd'ayl + of July. 1987 and the fullh4Xt.. 1 of said ordinance is avain- to the public in the Ofhc¢o k the City Secretary le. /s/ Armando C ad CItY Secr a +tit .. orpus ate 5Y!o..+.» ,7 TCt' r9 nip`A \ LPd'a Cin \s,.k