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.
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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
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