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HomeMy WebLinkAbout020972 ORD - 08/28/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD NEMEC FOR A 20.598 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. 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 one-year farming lease agreement, effective September 1, 1990, with Edward Nemec for a 20.598 acre tract of land located at the northeast corner of the intersection of Chapman Ranch Road and Saratoga Boulevard, and approving a rental fee of either a designated dollar portion of the crop harvested from the acreage or a guaranteed $20/acre per crop year, whichever is greater, all as more fully set forth in the farming lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ORD-RES\90102 tAPROFILMED City of Corpus Chnsti :Engineering Services Property and Land Acquisition Division FARMING LEASE AGREEMENT Navy Clear Zones - Cabaniss [Parcel 67] THE STATE OF TEXAS 111ri9 COUNTY OF NUECES 11'111 THIS AGREEMENT, made and entered into this 6th. day of July 1990, 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 unto the said EDWARD NEMEC the following 20.598 acres described by metes and bounds on the attached "Exhibit A" and shown by map reference on attached "Exhibit B", both exhibits are made a part hereof for all purposes; for a term of one (1) year beginning September 1, 1990 and ending August 3i, 1991, subject to the following consideration, covenants and conditions, co -wit: 1. The LESSEE is to pay therefor the following rental and cash bonus to be paid as follows: (a) LESSEE is farming a total of 75.2 acres at this location. The CITY'S cash rent will be based on the proceeds for 20.598 acres. These proceeds will he calculated on this basis: The percentage which the 20.598 acres bears to the total acreage cultivated times the total proceeds. (b) The consideration for this lease, to be paid by LESSEE, is 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 "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 11AGREEMENT:NEMEC 1990-199111 Page 1 of 9 for (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 LESSEE, 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, LESSEE shall pay money rent therefor on the basis of what the other feed grown on said lease premises averaged per acre on the market. It is agreed that the CITY shall pay one-third (1/3) of the hauling expense for harvesting all grain crops, and said LESSEE shall pay two-thirds (2/3) of such hauling expense, but the LESSEE shall bear the expense of combining grain. LESSEE shall give notice to the City that such crops are being harvested. (c) Or, LESSEE agrees to pay therefor as rental a yearly cash guarantee of $20.00 per acre, whichever is greater. (d) Said rent shall be delivered or mailed to: payable City of Corpus Christi P. 0. Box 9277 City Hall - 1201 Leopard Street Vivian Benavides, Collection Section Corpus Christi, Texas 78460-9277 annually following crop harvest. 2. It is understood and agreed that the leased premises agricultural purposes only. Said premises are not are to be used to be used for any other purpose than these herein specified without the prior written consent of the CITY. 3. LESSEE agrees not to sublet the leased premises thereof without the prior written consent of the CITY. or any portion 4. It is further understood that LESSEE shall keep a true and accurate book of described be opened accounts regarding all business matters pertaining to the above cultivation of the premises hereby leased, and that such books shall to inspection by the CITY. "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 11AGREEMENT:NEIIEG 1990-199111 Page 2 of 9 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 anytime 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 (15) 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: 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. The LESSEE agrees that LESSEE will pay for any and all damages to any utility lines or equipment located on said land which may be incurred by LESSEE'S farming or agricultural operations or to replace all such lines injured or destroyed as a result of LESSEE'S agricultural operations. 8. The LESSEE agrees to pay for al .l utilities used at the premises being leased by LESSEE. 9. The LESSEE agrees that LESSEE will take good care of the property and its appurtenances, and suffer no wastes, and shall keep the said premises in good repair at LESSEE'S own expense, and at the end of the expiration of the "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 9AGREEMENT:NEMEC 1990-19911f Page 3 of 9 term of this lease, shall deliver up the leased 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 leased 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 of nuisances in, upon, or connected with said premises during the term of this lease at LESSEE'S 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 CIT' 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, niay resume possession of the premises and relet the same for the remainder of the tern of this lease at the best rent they may "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 11AGREEMENT: NEHEC 1990-1991V Page 4 of 9 obtain, for the account of the LESSEE, who shall make good any deficiency; and the CITY (LESSOR) shall have a lien as security rent due and unpaid under said lease, upon all implements, fixtures, furniture, not located on said premises or for the rent aforesaid, or any crops, goods, wares, chattels, tools, and other personal property which are which may be placed on said premises by the LESSEE, which lien shall be cumulative in addition thereto. of the statutory lien created by law and 15. The LESSEE shall fully indemnify, save and hold harmless the CITY OF CORPUS CHRISTI, its officers, employees and agents [hereinafter called "the INDEMNITIES"] 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 anv 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 agreement, unless such injury, loss or damage shall be caused by the sole negligence of INDEMNITIES. LESSEE shall, at LESSEE'S 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 ail 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 and all times of ingress, egress and regress on and over said premises _dor 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: "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) ¶AGREEMENT:NEMEC 1990-19911! Page 5 of 9 City of Corpus Christi Mr. Edward Nemec P.O. Box 9277 Rt. 2, Box 182 City Hall -1201 Leopard St. Robstown, Texas Department of Engineering Services 78380 PROPERTY AND LAND ACQUISITION DIVISION THIRD FLOOR Corpus Christi, Texas 78469-9277 18. This lease is made and accepted subject to all ad valorem taxes that may be levied and assessed on the herein described land during the term of this lease, the payment of which is hereby assumed by LESSEE. 19. By LESSEE'S execution thereof, LESSEE acknowledges that LESSEE has read this agreement and understands that this agreement is not binding on the City until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 'IACREEMENT:NEMEC 1990-199111 Page 6 of 9 WITNESSED the execution hereof in triplicate originals, each of which is to be considered as an original, this By: day of , 1990. CITY OF CORPUS CHRISTI, TEXAS Juan Garza City Manager LESSOR ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF By: HAL GEORGE, CITY ATTORNEY Alison Gallaway Assistant City Attorney Edward Nemec LESSEE "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 11AGREEMENT:NEMEC 1990-199111 Page 7 of 9 , 1990. Description for a 20.598 acre tract of land out of Lot 5, Section 8, Bohemian Colony Lands, as shown by map of record in Volume A, Page 48, Map Records, Nueces County, Texas, said 20.598 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a point in the southeast right-of-way of Ayers Street (State Highway 286) at its intersection with the northeast boundary line of said Lot 5, from whence the most northerly corner of said Lot 5, bears North 61 degrees, 30 minutes 28 seconds West, 50.0 feet for the most northerly and beginning corner of the tract herein described; Thence South 61 degrees 30 minutes 28 seconds East, with the northeast line of said Lot 5, a distance of 727.38 feet to a point for the most easterly corner of the tract herein described; Thence South 28 degrees 46 minutes 02 seconds West, a distance of 1,260.78 feet to a point in the northeast right-of-way line of Saratoga Boulevard for the most southerly corner of the tract herein described; Thence North 61 degrees 32 minutes 59 seconds West, with the north right-of-way line of said Saratoga Boulevard, a distance of 602.03 feet to a concrete monument in the northeast right-of-way flare -out at Ayers Street for a corner of the tract herein described; Thence North 00 degrees 25 minutes 35 seconds East, with the said northeast right-of-way flare -out, a distance of 227.25 feet to a concrete monument in the southeast right-of-way line of said Ayers Street for a corner of the tract herein described; Thence North 28 degrees 58 minutes 01 second East, with the southeast right-of-way line of said Ayers Street, u distance of 2^_0.00 feet to a 5/8" iron rod for a corner of the tract herein described; Thence North 23 degrees 33 minutes 42 seconus East, with the southeast right-of-way line of said Ayers Street, a distance of 201.02 feet to a point for a corner of the tract herein described; Thence North 28 degrees 46 minutes 02 seconds East, with the southeast right-of-way line of said Ayers Street, a distance of 640.42 feet to the point of beginning. Containing 20.598 acres of land, more or less. "E X 11 0 I T A" "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 11ACREEMENT:NEMEC L990-199111 Page 8 of 9 (Car <o/ r n• os S 67.30 ': s .. L '1 ti. .5 ARA ro C.q EXHIBIT B 841/47. 44? of 20.593 i9CRS Tic'F'JCT .,07* OP LOTS e. e. riONEIWrINCc+2ONYLos. ir",,.." "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands Nemec (9-1-90 to 8-31-91) 1(AGREEMENT:NEMEC 1990-199111 Page 9 of 9 That the foregoing ordinance was read for the first time and passes, its second reading on this the day of 19 ' , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. �`t That the foregoing ordinance was read for the second true and passed to }ts third reading on this the day of_�. 19 ye , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the third time and passed finally on this the �'< day of (i( ki l , 19 /1/ , by the following vote: Betty N. Turner Edward A. Martin Cezar Galindo (i Y Leo Guerrero Tom Hunt Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. PASSED AND APPROVED, this the day of ATT / l l City Secretary MAYOR THE CITY OF CORPUS CHRISTI /1/. , 19 it APPROVED: C� DAY OF HAL GEORGE, CITY ATTORNEY BY `/ L[ (hvl al PaiDa Assistant ity Attornr 044 1990 :