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HomeMy WebLinkAboutORD 60-Fb a_� 5 P, 3ci - Z- [Pj- ri r 'y AN AN ORDI vANCE I \TITL�J i1\ ORL11..�11Cs] ',E.E'�JIi% ` O 1I1:� B Jt\rh <lV Ltll�ll liGi.!— R ;5�+ CR A P--RIOD Oz Vii ( P5'} Y"R1, OR T ii PUR— P0SE 0 O=r:R:'TTNG A C0TTO:•. CuP;I:PIR'__ 5 R0PERTY B L0 G�hG � .J..' B_•.-AU1'.ei.� ,.l, F -,J �lv1-1=�I.�iL J1J',i .IRT B.�� 1�1�I]L:J i� Sj= T -/\ r I t -t l fl 'lam 1 Yn a,',D V:1•.D T'TO `J AS HIER' ITS! �-� 1 Uif 1, 1.1J 11J.-uALJ. 1\ ALL ORDILi';Ai�CE-3) AND ARTS' CFI ORDI1vA-r�"_ T_ C011iLICT !I?-:iRJ— GrITiI BE IT BY 1Ii' CITE' �0i: i:iiS'STOI OF T1` -IE CTT l OF B T."'ONT : SECTION I. That the 13oaumont Cotton Compress Company, (Successors in interest to Guy V'. 1,unker, J. E. Broussard and J. L. Tapes, individual— ly and in their capacities as Trustees of Une Bca=oilt Cotta . Co/lpress Company,) a corporation organized under the laves of the State of Texas, and having its principal office in Beaumont Jefferson Counter, Texas, is hereby granted for a period of twenty—five (25) years, beginning as soon as all improvements 1.ereinaft(_r specified are completed and deliver— ed to the B-.aumont Cotton ComDrsss or its assigns and ending twenty— five X25) years from said date, the following, described tract or, par— col of land located and situated in Beaumont, Jefferson Cou_ity, Texas, being lror•e na.rticularly described by metes and bounds as follows, to— Beginning on U. S. 1 onurlent line C to B l50 feet I:orth 88 degrees 2 rri notes i;'dest of i,. onuiilent D; Thence north 1 degree 58 minutes : ast 42 feet to the boginning corner of the tract herein described; Thence north 88 degrees two (2) minutes west 900 feet; Thence north 1 degree 58 minutes east 125 feet; Thence south 88 degrees 2 minutes east 900 feet; Thence south 1 degree 58 minutes iciest 125 feet to the beginning corner, and any add-itional property that may be required for storage of fuel for said plant to be designated by the C i. ty i:_a.nager. . O r n- �F�Cllva. -2. 1t is understood and agreed that the col.si daration of this lease is five (',''..05), .1 bale for all cotton com)ress(;d on said ,.remises and two and one-half cents per bale for all cot-tora handl/ed on said r,rnni! cryo 1-)vit trrhi n. i c_z nn+ r,nm'nrP�pQA(l ti rt1',i l czai rl t,mniirt. i .q quf f r,i r)rt, �= f Cl`/ IlZ7 improvements at the rate of interest the City is required to -pair and that said consideration is to be payable to the City of B6au— mont in monthly installments, the first installments to be due and payable one monti_ from the day that said improvements hereinafter specified are completed and delivered to the Beaumont•Cotton Com— press Company, and a like installment to be due and payable on the first of each and every month thereafter during the term of this lease, said total consideration to be definitely determined after the completion of the improvements by the City of Beaumont as here— inafter specified and to be added to -the lease by a supplement at— Cached thereto. If there be no compression of bales or.handling of cotton, no payments shall be due or required. SECTION' 3. it is further understood and agreed that the City of Beau— mont has commenced the building of a warehouse at its own expense on said premises above described, 900 feet by 125 feet, said build— ing to house a cotton compress -and for warehouse: purposes and that same will be equipped with a sprinkler system sufficient to meet the requirements of the National Board of Fire underwriters. :LECTION 4. It is further understood and agreed that the City of Beau— moat will build all necessary tracks, roadways and runways from the warehouse above named -to the wharves. L, SECTION 5. it is further understood and agreed that the City of Beau— mont will, within a— reasonable length of time, and does hereby give the Beaumont Cotton Compress Company, the right to lease additional space and warehouse,._. if . needed; provided that said space and tiTlare— houses mentioned herein do not interfere with the City's right to use said property in connection with its, wharves. SECTION n. it is further understood and agreed .that the City of Beau— SECTION 7. It is further understood and agreed by the parties hereto that the Beaumont Cotton Compress Company will and hereby agrees to install the compress, boilers, boiler rooms and fire walls around the boiler rooms without any expense to the City of Beaumont, said installation.to be in accordance with the specifications imposed by the T,„ational Board of Lire Underwriters, but in this connection it is further understood and agreed between the parties hereto that the property so installed by the said Beaumont Cotton Compress Com— pany, or its assigns, shall be and remain the property of the Beau— mont Cotton Cornpre ss Company, and its assigns, subject to the lien herein given to better secure the payment of the rentals of the City of Beaumont, and the said Beaumont Cotton Compress Company, and its assigns, are hereby given the right at the termination of this lease to remove any and all property placed on said premises by it, or its assigns. SECTION 8. It is further understood and agreed by the parties hereto that the Bsaumont Cotton Compress Company, and its assigns, will, after the execution of said lease, and the delivery to it of said property, and i:_.provements, be responsible for the maintenance of said plant or compress. SECTION 9.. It is further understood and agreed by the parties here— to that the Beaumont Cotton Compress Company, and its successors and assigns have the right to assign this lease. 03J CTION 10. It is further_ understood and agreed by and between the parties hereto that the Beaumont Cotton Compress Company, and its assigns shall pay all taxes on such property as may be installed by the Compress Company or its assigns, and shall keep and perform all laws and ordinances whether National, State or Liuni ci pal . !, C. SECTION 11.. It is expressly agreed and understood by and between the parties hereto that the City of Beaumont shall have, and by this contract, has.a valid first lien in addition to any liens given it by law upon any and all the goods, furniture, chattels, machinery or property of any description, belonging to said Beaumont Cotton Compress Company, and its assigns to secure the prompt payment of the rent and other covenants herein stipulated for the use of said premises; but in this connection, it is understood and agreed be— tween the parties hereto that the lien herein given to the City of Beaumont shall be inferior to and subject to the lien given�by the Beaumont Cotton Compress Company, or its predecessors in title, to the vVebb Press Company,-, or any other parties from whom machinery may be purchased and a lien given to secure the same. SECTION 12.. The Beaumont Cotton Compress Cor:pa.ny covenants and. agrees that it will keep said. premises fully insured against fire with some good and I001vant insurance company with a mortgage clause payable to the City of Beaumont, as its interest may appear. SECTION 13. The Beaumont Cotton Compress Company, and its assigns, covenant and agree that it will, at the expiration of said 'germ, peace— fully yield unto the said City of Beaumont all and singular the premises and all fu*tune erections or additions to or upon the same in the sale. condition as they were when received, ordinary wear and tear and acts of God excepted; provided, however, that if Lessee, or its assigns, do not or shall neglect or fail to perform and observe any or either of the conditions contained in this lease, or if it, or its assigns, shall be declared a Bankrupt, according to law, or make any assignment for the benefit of creditors, then in either of sa.id cases the City of Beaumont may immediately, or within any reasonable time thereafter, and without further notice or demand, enter into or upon said ,f ;, t , &)t 4 � -(I � - / 9 without being deemed guilty of any manner of trespass, and all- claims for damages for, or by reason of said re—entry being hereb,, ex_press?y waived and this right is given in addition to but without prejudice to any other remedy the said City of Beaumont may have. SLCTION T4. It is further understood and agreed between the parties hereto that the Beaumont Cotton CompressCompany has succeeded to all the rights and obligations of Guy G/. Dunker, J. Broussard and D. L. ;..;apes, individually and in their capacities as Trustees of the Beaumont Cotton Compress Company, as the same is fixed in that ccr— tain Ordinance passed by the City of Beaumont entitled "An Ordinance leasing to Guy Vv'. Junker, J. L. Broussard and J. L. :::apes, individual— ly ndividual— ly and in their capacities as Trustees of the Beaumont Cotton Cor..press Company, to be hereafter organized, for a period of t�t,lenty—five gears for the purpose of operating a. cotton compress, property belonging to the City of Beaumont . ereinafter described under said terms and con— ditions as herein set forth, and repealinw all ordinances and parts of ordinances in conflict herewith," and the said Guy 10. Junker, J. Broussard, and J. L. is=apes, individually and in their capacities as Trustcas of the said Beaun ont Cotton Compress Company, are released of all obligations of whatsoever character resting upon them under the terms of said ordinance, the said Beaumont Cotton Compress Company I aving assumed all of such obligations. SECTION 15. The T, ayor is hereby authorized to execute the lease and con— tract with said Company as above set out and the Clerk is authorized to affix the seal of the City thereto.. All ordinances and parts of ordinances and privileges here— tofore ,ranted by the City of Beaumont to Guy VII. Junker, J. Broussard and J. L. ',japes,, individually and in their capacities as Trustees of the Beaumont Cotton Compress Company, affecting the rights of the parties hereto to the properties and rights hereinabove described are hereby 1e A 16 Y "c" . and all Darts thereof not in conflict with this ordinance are ;till maintained in full force and effect. Passed and ap-proved on this the /,vk ,day of i'a.y, A.D. 1927. 1.1ayor . N The State, of Texas, Countp of Jefferson '-JJ ..t U J vs - Before in the undersigned authority, on this day personally appeared_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _kn wn o me, who being by me duly sworn, on his oath de- J poses and says, that � bhe-- -- �-_;��f�� ----of the B , BEAUMONT JOURN. - ewspaper published in said county; that a copy of the within and foregoing was publi in said newspaper, such publication being on the following dates: ------7 - --------- - A. D. 192_ _2, and a newspaper copy of which is hereto at- tached. .sem t-------------- 'w n to and subscribed _before me, this day o _ _ _A. D. 192 _ - - - - - - '00 LEGAL NOTICES 74—Legal Notices. ----------- - ----------- _ pense on said premises above de- Notary Public, Jefferson Co ty, Texas. sbribed, 900 feet by 125 feet said `,; e building to house a cotton I com- press and for warehouse purposes and that some will bo equipped with a sprinkler system sufifeient - to meet the • requirements of the Na- tional board of fire Underwriters. Section 4. It is further under- stood and. agreed that the city of Beaumont will build all necessary I tracks, roadways and runways from the; warehouse above named to. the -wba yes.