HomeMy WebLinkAbout020973 ORD - 08/28/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE
AGREEMENT WITH KLOSTERMANN FARMS FOR A 23.099 ACRE TRACT OF
LAND LOCATED AT THE NORTH 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 Klostermann Farms for a 23.099 acre tract of land located
at the north 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\90101
fril
City of
Corpus
Christi
Engineering Services
Property and Land Acquisition Division
FARMING LEASE AGREEMENT
Navy Clear Zones -Cabaniss
THE STATE OF TEXAS 111111
COUNTY OF NUECES 1111!! ( rj./
THIS AGREEMENT, made and entered into this [ 7 M day of
1990, by and between the CITY OF CORPUS CHRISTI, TEXAS, muni ipal
corporation, hereinafter called "CITY", and KLOSTERMANN FARMS of Nueces
County, Texas, hereinafter called "LESSEE".
WITNESSETH:
The CITY OF CORPUS CHRISTI does by these presents lease unto the said
KLOSTERMANN FARMS the following 23.099 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 31, 1991, subject to the
following consideration, covenants and conditions, to -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 120.492 acres at this
location. The CITY'S cash rent will be based on the proceeds
for 23.099 acres. These proceeds will be calculated on this
basis:
The percentage which the 23.099 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
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
11AGREMT:KLOSTERMANN 1990-199111
Page 1 of 13
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 LESSEE, the rent will be
one-third (1/3) of the proceeds of such sale instead of
one-fourth (1/E). 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:
City of Corpus Christi
P. 0. Box 9277
City Pall - 1201 Leopard Street
Vivian Benavides, Collection Section
Corpus Christi, Texas 78469-9277
payable annually following crop harvest.
2. It is understood and agreed that the leased premises are to be used
for agricultural purposes only. Said premises are not 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 or any portion
thereof without the prior written consent of the CITY.
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
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
1¶AGREMT:KLOSTERMANN 1990-199111
Page 2 of 13
be opened 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 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 all utilities used at the premises being
leased by LESSEE.
9. The LESSEE agrees that LESSEE will take good care of the property and
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
1IAGREMT:KLOSTERMANN 1990-199111
Page 3 of 13
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
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 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
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
tAGREMT:KLOSTERMANN 1990-19911
Page 4 of 13
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) shallhave 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 shallbe cumulative of the statutory lien created by law and
in addition thereto.
15. The LESSEE shall fully indemnify, save and
CORPUS CHRISTI, its officers, employees and agents
INDEMNITEES"] against any and all liability, damage,
actions of any nature whatsoever on account of
hold harmless
[hereinafter
loss, claims,
personal
injuries
the CITY OF
called "the
demands and
(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 agreement, unless such injury, loss or
damage shall be caused by the sole negligence of INDEMNITEES. 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 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 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.
17. Any notice or other communication from either party to the other in
regard to this agreement shall he 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
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
11AGREMT:KLOSTERMANN 1990-1991t
Page 5 of 13
City of Corpus Christi
P.O. Box 9277
City Hall -]201 Leopard St.
Department of Engineering Services
PROPERTY AND LAND ACODISITION DIVISION
THIRD FLOOR
Corpus Christi, Texas 78469-9277
Mr. Ronnie Klostermann
Mr. Raymond Klostermann
Rt. 3, Box 108
Robstown, Texas 78380
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
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
1¶AGREMT:KLOSTERMANN 1990-199111
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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 i DAY OF
By:
HAL GEORGE, CITY ATTORNEY
Alison Gallaway
Assistant City Attorney
KLOSTERMANN FARMS
)•
-� Ronnie Klostermann
Raymo d Klostermann
LESSEES
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,I1,11
Klostermann (9-1-90 to 8-31-91)
9AGREMT:KLOSTERMANN 1990-199111
Page 7 of 13
, 1990.
TRACT 1: A tract of land containing 10.19 acres of land
comprised o£ all of Lots 10, 11 and 13 tuna 24 and portions of
Lots 4 thru 9 and 12, Block 10, Saratoga Place, a map of which is
recorded in Volume 50, Page 140, Map Records of Nueces County,
Texas and a portion of a dedicated public street as shown on said
Map of Saratoga Place:
BEGINNING at the intersection of the Northeast boundary line
of Saratoga Boulevard (State Highway 357) and the North
flared boundary line of Ayers Street (State Highway 286) for
the South corner of said Lot 11 and for the South corner of
this tract;
THENCE North 61°31'tl" West, along the Northeast boundary of
Saratoga Boulevard, same being the Southwest boundary of
Lots 9 thru 11, parallel to the centerline thereof and 60 00
feet distant therefrom, measured at right angles thereto,
176.45 feet fer a corner of this tract from which corner the
common front corner of Lots 8 and 9 bears North 61"31'11"
West 3.55 feet;
THENCE, leaving said Northeast line of Saratoga Boulevard,
North 00°00'54" West 481.26 feet to a point of the Northwest
boundary of Lot 12 for the West corner of this tract and the
point of curvature of a circular curve to the left whose
radius point bears North 17°06'55" East 150.90 feet and
which has a central angle of 78°07'06", a radius of 150.90
feet, a tangent distance of 122.15 feet and an arc length of
205.74 feet;
THENCE, with said circular curve to the left, along the
Northwest boundary of Lots 12 thru 14, a distance of 205.74
feet for the point of tangency;
THENCE North 28°59'49" East, along the Northwest line of
Lots 14 thru 24, a distance of 516.54 feet for the North end
of this tract and the point of curvature of a circular curve
to the right whose radius point. bears South 61°00'11" East
10.0 feet and which has a central angle of 90°30'00", a
radius of 10.00 feet, a tangent distance of 10.00 feet and
an arc length of 15.71 feet;
THENCE, with said circular curve to the right, 15.71 feet
for the point of tangency;
THENCE South 61°00'11" East, with the Northeast boundary of
Lot 24, at 390.00 feet pass the East end of Lot 24, in all a
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
11AOREMT:KLOSTERMANN 1990-199111
Page 8 of 13
distance of 400.00 feet for the point of curvature of a
circular curve to the right whose radius point bears South
28°59'49" West 10.00 feet and which has a central angle of
90°00'00", a radius of 10.00 feet, a tangent distance of
10.00 feet and an arc length of 15.71 feet;
THENCE, with said circular curve to the right, 15.71 feet
for the point of tangency;
THENCE South 28°59'49" West, parallel to the centerline of
Ayers Street thereo and 50.00 feet distant therefrom,
measured at right angles thereto, 462.32 feet for a corner
of this tract;
THENCE South 34°42'28" West, a distance of 200.99 feet for a
corner of this tract;
THENCE South 28°59'49" West, parallel to the centerline of
Ayers Street thereof and 70.00 feet distant therefrom,
measured at right angles thereto, 218.13 feet for a corner
of this tract;
THENCE South 57°41'14" West, parallel to the aforementioned
North flared boundary line of Ayers Street thereof and 10.00
feet distant therefrom, measured at right angles thereto,
229.12 feet for a corner of this tract;
THENCE North 61°31'11" West, along the aforementioned
Northeast boundary of Saratoga Boulevard, 11.46 feet to the
point of beginning.
TRACT II: A tract of land containing 4.71 acres of land
comprised of all of Lots 1 thru 7 and portions of Lots 8 thru 11,
Block 11, Saratoga Place, a map of which is recorded in Volume
50, Page 141, Map Records of Nueces County, Texas and a portion
of a dedicated public street as shown on said recorded map of
Saratoga Place:
BEGINNING at a point for a corner of this tract, from which
corner the common front corner of Lots 8 and 9 bears North
00°00'59" West 20.61 feet to a point on the West boundary
line of Ayers Street (State Highway 286), thence North
28°59'49" East, parallel to the centerline thereof and 60.00
feet distant therefrom, measured at right angles thereto,
27.73 feet;
THENCE South 28°59'49" West, parallel to the centerline of
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
TAGREMT:KLOSTERMANN 1990-199111
Page 9 of 13
Ayers Street thereof and 50.00 feet distant therefrom,
measured at right angles thereto, 344.25 feet for the
Southeast end of this tract and the point of curvature of a
circular curve to the right whose radius point bears North
61°00'11" West 10.00 feet and which has a central angle of
90°00'00", a radius of 10.00 feet, a tangent distance of
10.00 feet and an arc length of 15.71 feet;
THENCE, with said circular curve to the right, 15.71 feet
for the point of tangency;
THENCE North 61°00'11" West, at 10.00 feet pass the
Southeast end of Lot 1 and continuing with the South line of
Lot 1, in all a distance of 400.00 feet for the Southwest
end of this tract and the point of curvature of a circular
curve to the right whose radius point bears North 28°59'49"
East 10.00 feet and which has a central angle of 90°00'00",
a radius of 10.00 feet, a tangent distance of 10.00 feet and
an arc length of 15.71 feet;
THENCE,
for the
with said circular curve to the right, 15.71 feet
point of tangency;
THENCE North 28°59'49" East, with the West line of Lots 1
thru 10, a distance of 490.00 feet to the common rear corner
of Lots 10 and 11 and for the Northwest corner of this
tract;
THENCE South 61°01'11" East, with the common line of Lots 10
and 11, a distance of 272.17 feet for a corner of this
tract;
THENCE, leaving said common line, North 89°59'06" East 58.59
feet for the Northeast corner of this tract;
THENCE South 00°00'59" East, at 178.55 feet pass the West
boundary line of Ayers Street, in all a distance of 199.16
feet to the point of beginning.
TRACT 111:
A11 that certji:i, piec'• or hare:! of land nutnlning SAY) acres, more or css, hying
out of Lots Ilir•e (3) and Four (..), Soctlon S<vcu (1), nourl-IIAt) CnLO"IY 1.A,'IIIS, and
being more particularly described by .w1.-: and bounds as follows, to—wit:
ct) l:II t1CIl1G at [II( t lan of [Lr nurt1wc l lne of RIn. k 6, Saratoga Place
Subdivision, as recnrdod in '::,lune 4?, iag“ 14?, M:11) Recon!., t1,i‘.res County Texas
and the nortuast line of Saratoga Blvd. for tilt- west corner of said Block 6, Saratoga
Place Subdiv siott;
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
1!AGREMT:KLOSTERMANN 1990-19914
Page 10 of 13
1' 1n" I.ivt, tido.)' fe"-t alum
), th Mit r;lin
t Le 1 Inc floclr
tn[,, ''i.ic,. i', li: I n, ,all 1140 AI40 being the li
n�r1:est line of Lot 4
Scc, tdn i .,oI„e11to hien_ 1:11111, t t rho• w,'':t corner of said 97.555 acre tract;
1E0 1� n1th degree `1' 0U" Fast—, 686.111 fret along the northeast line of said
m
6, 1raLa lirSiihdivl-;1o4;
TurcE, South 61 dcgroes SI' 00" East, 80.00 feet to a point on the northeast Ileo of
131)ck 7, Saratoga 31.141' Suhdlvislon, an recorded in Volume 43, Page 15, Deed Records,
Ouecey County, Texas;
1IIP_';CE, South 61 degr.'es 51' 00" East, 1040.00 feet along the northeast line of said
810-k 7, Saratoga Place Subdivision;
111P1Ch:, South 61 degrees 51' 00" East, 80.00 feet to a point on rhe north line_ of a
17.764 acre tract of land as recorded In Volume 1604, Page 317, Deed Records, tlueces
County, Texas;
1012:00, South 61 degrees 51' 00" Last, 134.22 feet (132.22 feet as recorded in
Volume 1604, Page 318, Deed Recardn, llucces County, Texas) along the north line of
said 12.764 acre tract to a point on a curve whose radial bears North 28 degrees 119'
(10" Tast;
FNENCE, 29.92 feet along the arc of a curve to the left having a radius of 150.90
feet and a central angle of 11 degrees 21' 35" to a point on the a line 500.00 feet
west of parallel to the projection of the centerline of Runway 17, HALF Cabantss for
the POINT OF BEGINNING of the 8.199 acre tract herein described;
llIENLE, North 00 degrees 20' 43" West, 889.22 feet along a line 500.00 feet west of
and parallel to the projection of the centerline of Runway 17, NAM' Cabanlss, to a
point on a line 2500.00 feet north of and parallel to the north end of Runway 17,
1A30 Ca630145;
1111,0CE, Furth 89 degrees 39' 17'' liar;t, 630.19 feet to a point on the northwest line
of a 9.372 acre tract of land as described in Volume 1604, Fags 317, Deed Records,
tlueces County, Texas;
11111000, South 28 degrees 40' 00" Wert, 339.06 feet along the northwest line of said
9.372 acre tract to a point an a curve whose radial hears South 61 degrees 20' 00"
Cast;
'IIICt:('T, 15.71 feat along the arc of a curve to the left having a radius of 10.00 feet
and a central angle of 90 degrees 00' 00", said 15.71 feet being along the southwest
boundary line of said 9.372 acre tract, to a point of tangency;
THENCE, South 61 degrees 20' 00" East, 400.00 feet along the southwest boundary line
of said 9.372 acre tract to a point on a curve whose radial bears North 28 degrees
40' 00" East;
"Farming Lease Agreement" -partial sAj D 0..
r
23.099 acres, Tracts I,II,II
Klostermann (9-1-90 to 8-31-91)
11AGRFMT:KLOSTERMANN 1990-1991¶
Page 11 of 13
THENCE, 15.71 foot tho are of A curve to the left having a radius of 10.00 feet
and a ventral angle ni 90 degree,' 011' GO", said 15.71 feet being along the south
boundary line of salJ 9.372 acre tract to a point of tangency on the northwest right-
ot-way line of Chapman Ranch Road;
"Farming Lease Agreement" -partial
23.099 acres, Tracts I,II,1I
Klostermann (9-1-90 to 8-31-91)
TAGREMT:KLOSTERMANN 1990-199111
Page 12 of 13
ITA
J
EA H ib
"Farming Lease Agreement" -partial
23.099 acres, Tracts 1,II,II
Klostermann (9-1-90 to 8-31-91)
11AGRFMT:KLOSTERMANN 1990-199111
Page 13 of 13
AYERS & SARATOGA
23.099 ACRES
FARM LEASE
KLOSTERMANN FARMS
That the foregoing ordinance was read
its second reading on this the 1
19 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
�/,
for
the first time and pass. :o
day of er:
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the
to its third reading on this the 4 day
19 'tO , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
That the foregoing ordinance was
finally on this the /' day of
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
%/ ,
�l {
PASSED AND APPROVED, this the
ATTESX: �)
%y -r
second time and passed
of
,CGS Geo
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
read for the third time- and passed
d , 19W , by the
City Secretary
APPROVED: ^
G DAY OF ��` J4 , 19q/0 :
HAL GEORGE, CITY ATTORNEY
By. l d,(7* IiiaLoa
Assistant Ci y Attorney V
044
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
day of /1
l
2/ •
, 19
Jeff( CY
MAYOR
THE CITY OF CORPUS CHRISTI