HomeMy WebLinkAbout020974 ORD - 08/28/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE
AGREEMENT WITH M. DOYLE SLOUGH FOR A 46 ACRE TRACT OF LAND
FROM THE SOUTHSIDE SEWER TREATMENT PLANT SITE LOCATED OFF
YORKTOWN 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 M. Doyle Slough for a 46 acre tract of land from the
Southside Sewer Treatment Plant site located off Yorktown 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.
1
ORD-RES\90104
City of
Corpus
Christi
Engineering Services
Property and Land Acquisition Division
THE STATE OF TEXAS ¶¶¶
COUNTY OF NUECES
FARMING LEASE AGREEMENT
THIS AGREEMENT, made and entered into this
17th day of July
1990, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal
corporation, hereinafter called "CITY", and M. DOYLE SLOUGH of Nueces County,
Texas, hereinafter called "LESSEE".
W ITNESSET H:
The CITY OF CORPUS CHRISTI does by these presents lease unto the said M.
DOYLE SLOUGH the following 46.00 acres out of Lots 12, 13, Section 34, and
Lots 3, 4, Section 35, Flour Bluff and f.ncinai Farm and Garden Tracts, as
shown by map reference on attached "Exhibit A", and 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 _`o11oi.•ing 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) 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
(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
"Farming Lease Agreement"
46.00 acres, FB&EF>
SLOUGH (9-1-90 to 8-31-91)
¶AGREEMENT: SLOUGH 1990-19911
Page 1 of 8
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.
(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:
City of Corpus Christi
F. 0. Box 9277
City Hall - 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
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
"Farming Lease Agreement"
46.00 acres, FB&EF>
SLOUGH (9-1-90 to 8-31-91)
1'AGREEMENT:SLOUGH 1990-199111
Page 2 of 8
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
its appurtenances, and suffer no wastes, and shall keep the said premises in
"Farming Lease Agreement"
46.00 acres, FB&EF>
SLOUGH (9-1-90 to 8-31-91)
9AGREEMENT:SLOUGH 1990-199111
Page 3 of 8
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
CITY, its attorneys or agents, may resume possession of the premises and relet
"Farming Lease Agreement"
46.00 acres, FB&EF>
SLOUGH (9-1-90 to 8-31-91)
11AGREEMENT:SLOUGH 1990-199111
Page 4 of 8
the same for the remainder of the term
obtain, for the account of the LESSEE,
the CITY (LESSOR) shall have a lien as
rent due and unpaid under said lease,
implements, fixtures, furniture, tools
not located on said premises or which
LESSEE, which lien shall be cumulative
in addition thereto.
of this lease at the best rent they may
who shallmake good any deficiency; and
security for the rent aforesaid, or any
upon all crops, goods, wares, chattels,
, and other personal property which are
may be placed on said premises by the
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
INDEMNITEES"] 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 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 aii actions based thereon and pay all
charges of attorneys and all other costs and expenses of any kind arising from
any such liability, damage, Toss, 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 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"
46.00 acres, FB&EF>
SLOUGH (9-1-90 to 8-31-91)
9AGREEMENT:SLOUGH 1990-19919
Page 5 of 8
City of Corpus Christi
P.O. Box 9277
City Ha11-1201 Leopard St.
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
THIRD FLOOR
Corpus Christi, Texas 78469-9277
((((((O ))))))
M. Doyle Slough
7610 Slough Rd.
Corpus Christi, Texas 78414
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"
46.00 acres, FB&EF>
SLOUGH (9-1-90 to 8-31-91)
1¶AGREEMENT:SLOUGH 1990-199111
Page b of 8
WITNESSED the execution hereof in triplicate originals, each of which is
to be considered as an original, this day of , 1990.
By:
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
M./Doyle Slough J
LESSEE
"Farming Lease Agreement"
46.00 acres, FB&EF>
SLOUGH (9-1-90 to 8-31-91)
';AGREEMENT:SLOUGH 1990-199111
Page 7 of 8
, 1990.
ROOD ��' FIELD ROAD
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EXHIBIT A
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"Farming Lease Agreement"
46.00 acres,' FB&EF>
SLOUGH (9-1-90 to 8-31-91)
¶AGREEMENT: SLOUGH 1990-199111
Page 8 of 8
rul
That the foregoing ordinance was read for the first time and paas .o
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.
That the foregoing ordinance was read for the second • a passed
to its third reading on this the O% day of an
19 927 , by the following vote:
Betty N. Turner /.(Ao Edward A. Martin
Cezar Galindo
Leo Guerrero
Tom Hunt
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 , ; t , 191//// , by the
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
f/
Edward A. Martin 71(-
Joe
Li
Joe McComb
Clif Moss �� y
Mary Rhodes (//;<`
Frank Schwing, Jr. //
PASSED AND APPROVED, this the, day of �!!��/,_ ', , 19 /- .
ATTE
City Secretary
APPROVED:
? DAY OF ,Auly.e , 1990 :
HAL GEORGE, CITY UATTORNEY
BY-J.1.41,11-/-44Q.F a u Jau-0~
Assistant Cit 'Attorney
044
MAYOR
THE CITY OF CORPUS CHRISTI