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HomeMy WebLinkAbout19742 ORD - 05/12/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH EDWARD NEMEC FOR FARMING PURPOSES ON A 73.758 ACRE TRACT OF LAND ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT. 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 a lease agreement with Edward Nemec for farming purposes on a 73.758 acre tract of land which was acquired in connection with the Navy Clear Zones Land Acquisition Project, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." 04P.019.01 :742 MICROFILMED L EAS E AGREEMENT [Farming] THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 4 THIS AGREEMENT, made and entered into this the 6th. day of March, 1987, by and between the CITY of Corpus Christi, Texas, a municipal corporation, hereinafter called "CITY", and Edward Nemec of Nueces County, Texas, hereinafter called "LESSEE". W ITNESSET H: The CITY of Corpus Christi does by these presents lease and demise unto the said Edward Nemec the following 73.758 acres described by metes and bounds on the attached "Exhibit A" [see Page 6] and shown by map reference on attached "Exhibit B" [see Page 7]; for a term of Two years and Two months beginning April 1, 1987 and ending Hay 31, 1989 subject to the following considerations, convenants and conditions, to -wit: 1. The LESSEE is to pay therefor the following rental and cost bonus to be paid as follows: a. The consideration for this lease, to be paid by LESSEE, in one-fourth [1/4] of all cotton and seed raised on said land, of which LESSEE agrees to pay three-fourths [3/4] of the ginning charges on all cotton ginned and CITY agrees to pay one-fourth [1/4] of such ginning charges. The LESSEE agrees that in the event any cotton crop or any portion thereof is sold in the field without harvesting cost to him,, the rent will be one-third [1/3] of the proceeds of such sale instead of one-fourth [1/4]. 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 "Lease Agreement" [farming] -Nemec [73.758 acres on Ayers] [4-1-87 to 5-31-89] Page 1 of 8 averaged per acre on the market. It is agreed that CI,TY shall pay one-third [1/3] of the hauling expenses for harvesting all grain crops, and said LESSEE shall pay two- thirds [2/3] of such hauling expense, but that LESSEE shall bear the expense of combining grain. LESSEE shall give notice to the CITY that such crops are being harvested. b. Or, LESSEE agrees to pay therefor as rental a yearly cash guarantee of $20.00 per acre, whichever is greater. c. Said rent shall be delivered or mailed to Property and Land Acquisition Division, 1801 N. Chaparral, Corpus Christi, Texas 78401 payable annually following crop harvest. 2. It is understood and agreed that the leased premises 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 performance of this contract, including notices to the CITY, shall be by and to the City Manager or a person designated by him. 6. It is understood that the CITY reserves the right to sell, use or lease for a use different from the present use, all or any part of the herein leased land at any time during the term of this lease. Should the property be sold, used or leased before the expiration date hereof and'the purchaser or LESSEE not be willing to take the same subject to this lease and demands immediate possession, then the LESSEE agrees to vacate and give possession at any time within fifteen days after receipt of notice to vacate. Should it become necessary for LESSEE to vacate in case of a sale or lease, then the CITY shall pay LESSEE for the land or portion thereof so vacated the following amounts, to -wit: "Lease Agreement" [farming] -Nemec [73.758 acres on Ayers] [4-1-87 to 5-31-89] Page 2 of 8 If the land has been plowed and prepared for a new crop, but before the crop has been planted, the actual expense of working the acreage vacated, plus $5.00 per acre. If after there is a growing crop, then the average return on an acreage basis that like crops, bring on unsold land covered by this lease, or if no unsold land covered by this lease, then on similar land in the immediate vicinity. Any payments so made shall be in proportion to the LESSEE'S share of the crop under this lease, less harvesting costs. 7. This LESSEE agrees that he will pay for any and all damages to any utility lines or equipment located on said land which may be incurred by his farming or agricultural operations or to replace all such lines injured or destroyed as a result of his agricultural operations. 8. The LESSEE agrees to pay for all utilities used at he premises being leased by him. 9. 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 ernd 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. 10.',: The,LESSEE agrees not to use said premises for any illegal or immoral purposes and agrees to conform to all the laws of the State of Texas, the United States, and all rules set out by the City Manager of the CITY of Corpus Christi, Texas, for the operation of the leased premises. 11. The LESSEE shall not permit malt, vinous or alcoholic beverages on the demised premises. 12. 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 "Lease Agreement" [farming] -Nemec [73.758 acres on Ayers] [4-1-87 to 5-31-89] Page 1 of A of nuisances in, upon, or connected with said premises during the term of this lease at his own expense. 13. The CITY reserves the right to enter the said premises 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. 14. The LESSEE further agrees that in case of any default 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 upaid 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. 15. LESSEE shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries [including, without limitation on the foregoing, workers' compensation and death claims], or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Agreeement. "Lease Agreement" [farming] -Nemec [73.758 acres on Ayers] [4-1-87 to 5-31-89] Page 4 of 8 LESSEE shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such Liability, damage, loss, claims, demands, and actions. 16. The CITY shall have the right at any 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. 17. Any notice or other communication from either party to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with postage and fees paid addressed to the party intended, at the following address: City of Corpus Christi Property and Land. Acquisition 1801 N. Chaparral Street Corpus Christi, Texas 78401 Mr. Edward Nemec Rt. 2, Box 182 Robstown, Texas 78380 18. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. "Lease Agreement" [farming] -Nemec [73.758 acres on Ayers] [4-1-87 to 5-31-89] o., .... S ..F o Witness the execution hereof in duplicate originals, each of which is to be considered as an original, this the day of 1987. ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS THE By: CITY OF CORPUS CHRISTI, TEXAS By: Craig A. McDowell City Manager [LESSOR] DAY OF , 1987. HAL GEORGE, CITY ATTORNEY Assistant City Attorney [LESSEE] "Lease Agreement" [farming] -Nemec [73.758 acres on Ayers] [4-1-87 to 5-31-89] Page 6 of 8 Field notes for a 73.758 acre tract of land out of Lot 2, Section 14, Bohemian Colony Lands, as shown by map of record in Volume A, Page 48, Kap Records, Nueces County, Texas, said 73.758 acre tract being more particularly described by metes and bounds as follows: Beginning at the most southerly corner of said Lot 2,• in the centerline of Ayers Street (Chapman Ranch Road); Thence N.61°29'58"W., with the southwest boundary line of said Lot 2, a distance of 50.0 feet to a 5/8" iron rod in the northwest right of way line of said Ayers Street for the most southerly and beginning corner of the tract herein described; Thence continuing N.61°29'58"W., with the southwest line of said Lot 2, a distance of 2,590.89 feet to a 5/8" iron rod for the common corner of Lots 3, 6 and 7, said Section 14, and for the most westerly corner of said Lot 2, and the most westerly corner of the tract herein described; Thence N.29°02'02"E., with the northwest boundary line of said Lot 2, a distance of 1,320.10 feet to a 5/8" iron rod set 15" deep for the most northerly corner of said Lot 2, and the most northerly corner of the tract herein described; Thence 5.61°29'58"E., with the northeast boundary line of said Lot 2, a distance of 1,957:75 feet to a 5/8" iron rod in the most_ westerly corner of Block 2, Saratoga Industrial Place Unit 2, as shown by map of record in Volume ,45, Page 19, Map Records, Nueces County, Texas, for the northeasterly corner of the tract herein described; Thence 5.29°02'33"W., with the southwesterly extension of the southeast right of way line of Robertson Drive in said Saratoga Industrial Place Unit 2, a distance of 233.34 feet to a 1" iron pipe for an interior corner of the tract herein described; Thence S.45°01'51"E., a distance of 657.71 feet to a 1" irom pipe in the northwest right of way line of said Ayers Street for the most easterly corner of the tract herein described; Thence S.28°59'22"W., -with the northwest right of way line of said Ayers Street, a distance of 900.41 feet to the point of beginning. Containing 73.758 acres if land. "Lease Agreement" [farming] -Nemec [73.758 acres on Ayers] [4-1-87 to 5-31-89] Page 7 of 8 FYI-IIRIT it Surveil Al2? o% Lor 2, ..Eer oN /o, • 190/1EM/A.v Gbt ONV ZAN/os .ee/C.rence: //o/eime A, Pow GB, /Y/oP.Qeeerds A/ueces Couniy, TeX. O fo /CL, 4,7.,,,075), /n F-cr/ ° ,W311 .60.57/5/ Cnr /La/ .7, Sec. Al, 4rcL AYER$ws 43 c 9_04/ 7/ 758 Acres "Lease Agreement” [farming] -Nemec [73 758 acres on Ayers• [4-1-87 to 5-31-89] Page 7 of 7• 74o/2.xcXX,, go.t. o �✓�: a EXHIBIT 13 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 19 , by the following vote: Bet. N. Turner David Be anga, Sr. Leo Guerrero Frank Mendez That the foregoing ordinance- was third reading on this tha day following vote: Betty N. Turner Clif Moss Bill Pruet Mary Rhodes Mary Pat S Li .. Strong for the second time and passed to its , 19 , by the Clif Moss David Berlanga, Bill Pruet Leo Guerrer. Mary Rhodes Frank ndez Mary Pat Slavik Linda Strong That the foragoing ordin ce was read for th hi rd time and passed finally on this the / ay of , 19 t ( , by the following vote: Betty'N. Turner ! Clif Moss David Berlanga, Sr. ' Bill Pruet Leo Guerrero F Mary Rhodes Frank Mendez Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the `bZ day of -MY—Secretary APPROVED: 2 DAY OF HAL GEORGE, CITY A TO'NEY By Assistant Cite orney 99.044.01 , 19;7: 19 THE CITY OF CORPUS CHRISTI, TEXAS 19742 That the foregoing ordinance vias read for tj first time and passed to its second readingon this the / dayC of n, , 19f,7 , by the following vote:• 77'' Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance s read for a ��se'j� �nd time and passed to its third reading on this the /f day of /L(, , 19 T7 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the third time and passed finally , 19 , by the following vote: Joe McComb Frank Mendez on this the day of Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the ATTEST: Bill Pruet Mary Pat Slavik Linda Strong day of , 19 City Secretary MAY6R THE CITY OF CORPUS CHRISTI, TEXAS OVED: DAY OF HAL GEORGE, CITY ATTORNEY By Assistant City 7%orney 99.044.01 , 197: .:742 STATE OF TERAS, County of Nueces. PUBLISHER'S AFFIDAVIT }s" AD# 58839. CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came h1URIEL 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, Tens, in said County and State, and that the publication of xa NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZINGTHE EXECUTION OF A of which the annexed is a true copy, was published In •- CALLER_ TIMES PUBLISHING COMPANY on the13th day of APRIL 1987.., and once each..._. day......_ thereafter for cum consecutive (l8.y nue. ......_... Times 40.25 ""— MURIEL LA RUE Subscribed and sworn to before me this...13flh...._ of APRIL S '= Not Public, Nueces Conn , Texas EUGENIA S. CORTEZ 6-30-89 NOTICE OF PASSAGE OF G ORDINANCE ON j} AUTHOR/ZING FIRST E7 EN EXECU TION OF A LEAS AGREEMENT WITH EDWARD NEMEC FOR FARMING PUR- POSES ON A 73.758 ACRE TRACT Or -AND ACQUIRED IN CONNECTION WITH THE NAVY CLEAF, ZONES LAND ACQUISITION PROJECT for a te)m of two rears and two mem). at a ental and cost. bonus to be paid to the City of three-founhs of the ginning charges on all canon ginned, and for alacres to be planted in feed, lessee agrees top ay a Share rental of one -thud of the value of such feed, or les- see agrees to pay a yearly cash guarantee of 52000par acre, whichever is greater. Was passed and approved on cd fit acheng City a City Coyc pus Christi, Texas on the 7th day of April, 1587 and the full text of said ordinance is avail- able to the public in the Office Of the City Secretary. • /0/ Armando Chaps City Secretary Corpus Christi, Texas PUBLISHER'S AFFIDAVIT STATE OF TERAS, �ss: AD# 16256 County of Nueces. 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 if the SENIDR..ACG0JJ1LTSN8..CLERIC of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, end that the publication of NOTICEOF PASSAGE OF ORDINAL,CE-ON„SEC OND,READINE.AUTHORI NG THE EXECVTIQN_OF_A LEASE.__ of which the annexed is a true copy, was published in ...CALLER-T•IMES••PIIBLISLI.ING•.C©MPANY---•-•— on the. 20th day of APRIL -_.,. 19 87 and once each......_..dax thereafter for one consecutive ..............._.day Times. a-• 41.40 MURIEL LA RUE Subscribed and sworn to before me this 22nd .day of AE19...g Notary Public, ec County, Texas EDNA KOSTER 11-30-88 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OF A LEASE AGREEMENT WITH EDWARD NEMEC -FOR FARMING PUR- POSES ON A 73.758 ACRE TRACT -Cr LAND ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ,ZONES LAND ACQUISITION PROJECT for a term of two years and two months at a rental and cost bonus to be paid to the City of three-fourths of the tho gm - fling charges on all cotton ginned, and for all acres to be planted in feed, lessee agrees to pay a share rental of one- third of the value of such feed, or lessee agrees to pay a yearly cash guarantee of $20.00 per acre. whichever is greater roved A 318V1IVAV 30VdS Relay ew!Jd Ch99-0888 wdg-gwdg-g 38 se atol •fs e.,