HomeMy WebLinkAbout19388 ORD - 07/22/1986AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR FARMING
PURPOSES WITH EDWARD NEMEC FOR A 20.598 ACRE TRACT OF LAND
WHICH WAS 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 for farming purposes with Edward Nemec for a 20.598 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."
06P.141.01
19388 MICROFILMED
LEASE AGREEMENT
(Farming)
THE STATE OF TEXAS I
COUNTY OF NUECES f
THIS AGREEMENT, made and entered into this the day of
, 1986, 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 20.598 acres described by
metes and bounds on the attached Exhibit "A" (see Page 2) and shown
by map reference on attached Exhibit "B" (see Page 7);
for a term of three (3) years beginning August 1, 1986 and ending July
31, 1989 subject to the following consideration, convenants and
conditions, to -wit:
1. The Lessee is to pay therefor the following rental and cost
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 prorated on the basis of
City's acreage versus the total acreage being cultivated
- that being 20.598 acres out of a total acreage of 75.2
acres. Therefore, the City's share of the proceeds will be
27 percent of the total proceeds for the 75.2 acres but
will change if the total acreage cultivated changes.
b) The consideration for this lease, to be paid by Lessee,
is one-fourth (1) 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 a-
grees to pay one-fourth (1) of such ginning charges. The
Lessee agrees that in the event any cotton craP or any
portion thereof is sold in the field without harvesting
cost to him, the rent will be one-third (1/3) of the pro-
ceeds of such sale instead of one-fourth (1).
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
Page 1 of 7
,nr
(c)
feed, and should Lessee plant any part of said leased pre-
mises in Sudan, Rhodes Grass or any other feed and retain
the same for home use he shall pay money rent therfor on
the basis of what the other feed grown on said leased
premises averaged per acre on the market. It is agreed
that City shall pay one-third (1/3) of the hauling ex-
pense 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.
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 Property and
Land Acquisition, 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 speci-
fied 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 ac-
curate book of accounts regarding all business matters per-
taining to the above described cultivation of the premises
hereby leased, and that such books shall be open to inspec-
tion by the City.
5. All action by the City in connection with the performance of
this contract, including notice. 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
LEASE AGREEMENT (Farming)
-Nemec (20.598 acres) 3
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 a-
grees to vacate and give possession at any time within fif-
teen days after receipt of notice to vacate. Should it be-
come necessary Eor 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 vicin-
ity. Any payments so made shall be in proportion
to the tenant's share of the crop under this lease,
leas 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 re-
place all such lines injured or destroyed as a result of his
agricultural operations.
8. The Lessee agrees to pay for all utilities used at the pre-
mises 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 end
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 ele-
ments only excepted.
LEASE AGREEMENT (Farming)
-Nemec (20.598 acres) 4
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 Chrioti, 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 ordi-
nances of the City of Corpus Christi applicable to said pre-
mises, and all orders and requirements imposed by the Health,
Sanitation and Police Departments of the City, for the cor-
rection, prevention and abatement of nuisances in, upon, or
connected with said premises during the tet; 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 Leasee 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 pro-
vided by law; and may declare the lease forfeited at its dis-
cretion 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 unpaid under said lease, upon all crops, goods,
LEASE AGREEMENT (Farming)
-Nemec (20.598 acres) 5
wares, chattels, implements, fixtures, furniture, tools, and
other personal property which are not located on said premises
or which may be placed an said premises by the Lessee, which
lien shall be cumulative of the statutory lien created by
law and in addition thereto.
15. Leasee agrees to save and keep harmless the City of Corpus
Christi, Texas (Lessor), from any and all claims or damages
of any nature whatsoever due to any negligence of Lessee or
their employees in the operation of the leased premises.
16. The City shall have the right at any and all times of in-
gress, 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 sufficient-
ly 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
Corpus Christi, Texas 78401
Mr. Edward Nemec
Rt. 2, Box 182
Robstawn, Texas 78380
18. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED
BY THE CITY CHARTER SHALL BE PAID BY LESSEE.
WITNESS the execution hereof in duplicate originals, each of which
is to be considered as an original, this day of
1986
ATTEST:
Armando Chapa City Secretary
APPROVED AS TO LEGAL FORM THIS 1..(1
DAY OF , 1
HAL GEORGE, CITY ATTORNEY
By
LEASE AGREEMENT (Farming)
-Nemec (20.598 acres)
THE CITY OF CORPUS CHRISTI, TEXAS
By
Ernest M. Briones, Acting City Manager
(LESSOR)
James K. Lentos, P.E.,
Assistant City Manager
ty Attorney
tdwar Nemec (LESSEE)
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
bounda as follows;
Beginning at point in the southeast right of way
of Ayers Street (State highway 286) at its inter-
section with the northeast boundary line of said Lot
5, from whence the most northerly corner of said Lot
5, bears N. 61° 30' 28.'0., 50.0 feet for the most
northerly end beginning corner of the tract herein
described;
Thence S. 61° 30' 28" E., with the northeast line
of eaid Lot 5, a distance of 727.38 feet to a point
for the most easterly corner of the tract herein
described;
Thence S. 28° 46' 02" W., a distance of 1260.78 feet
to a point in the northeast right of way line of
Saratoga Blvd, for the most southerly corner of the
tract herein described;
Thence N. 61° 32' 59" W., irlth the north right of
way line of said Saratoga Blvd., 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 N. 0° 25' 35" E., 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 N. 28° 58' 01" E., with the southeast right
of way line of said Ayers Street, a distance of
220.00 feet to a 5/8" iron rod for corner of the
tract herein described;
Thence N. 23° 33' 42" E., 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 N. 28° 46' 02" E., 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.
EXHIBIT A
LEASE AERIE.MPMP (Ea rm ing)
-Nemec (20.598 acres)
EXHIBIT B
LEASE AGREEMENT (Perming)
-Nrmaa (20.198 nernn)
Page 7 of 7
44o/
20.598 o'ca2ie•iiewc r
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Ref rence: vo/erme .4, Paid- �B,
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That the foregoing ordinance wa; read for f he first time and psed to its
second reading on this the alk day of l _ , 19 , 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 Iri,read for t second time and ppi�sssed to its
third reading on this the 1 day of , 190, , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
That the foregoing ordinanc:,w
on this the day o
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
PASSED AND APPROVED,
ATTEST:
this
the
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
read for th /third time and passed finally
, 19216 , by the follo i g vote:
iF
4
/_
de
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Stron/
day of
City Secretary
APPROVED:
7,2 DAY OF 4-i1,4,k
Css stat City ICttorneyi
, 19':
R /
THE C TY OF CORPUS CHRISTI, TEXAS
19388
•
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Iss: AD# 67886
,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 is the
SENIOR ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi limen,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION
of which the annexed is a true copy, was published in CAT T,ER—TTJVTT S P.DBLISETNr C.Q..
on the....23--. day of .J:ITNF..._ ___..__. 19'$6.., and once each......._aa`Z. thereafter for...v9ne
.
consecutive day
_..nne.-_...... Times.
49.45
MURIEL LA RUE
Subscribed and sworn to before me this...26 —_.:_-day of sF:UJ3F.... 19.86
Notary Public, NuCounty, Texas
vi
ARCELIA D. GUZMAN
Notary Public, State of Texa,
My Commission Expires 1-30. 0
NOTICE OF PASSAGE OF
ORDINANCE ON
FIRST REASING •
AUTHORIZING THE EXECU-
TION OF A LEASE
AGREEMENT FOR FARMING
PURPOSES WITH EDWARD
NEMEC FOR A 20.598 ACRE
.TRACT OF LAND WHICH
WAS ACQUIRED IN CONNEC-.
TION WITH THE NAVY
CLEAR ZONEFS LAND ACQUI-
SITION PR.1JECT FOR - A
TERM OF THREE YEARS BE-
GINNING AUGUST 1, 1986
AND ENDING JULY 31, 1989,
FOR. A CONSIDERATION OF
ONE-FOURTH ('/.I OF ALLY
COTTON AND SEED RAISED
ON SAID 'LAND, OF WHICH
LEASEE AGREES TO PAY
THREE-FOURTHS (5) OF THE
GINNING •CHARGES ON All
COTTON GINNED AND CITY
AGREES TO PAY ONE--
FOURTH (i) OF SUCH GIN-
NING CI-IARGES; AND LESSEE
AGREES TO. PAY A SHARE
RENTAL OF ONE-THIRD (5)
F GRAIN WITH A MINIMUM
ANNUAL GUARANTEE OF
20.00 PER ACRE. -
WaS passed and 8pproved
n first reading by the City
ouncil of the City of Corpus
Christi. Texas on the 17th day
of June, 1986 and the full
text of said ordinance is avail-.
ble to the public in the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary )
•
STATE OF TEXAS,
County of Nueces.
PUBLISHER'S AFFIDAVIT
lss: ADi% 20965
I
CITY OF C.C./CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally cam
MUR;EL LA RUE
SENIOR ACCOUNTING CLERK
.., who being first duly sworn, according to law, says
of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
,-y, NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECUTION
CALLER -TIMES PUBLISHING CO.
of which the annexed is a true copy, was published in _-_—•—•- --" -" ' '-" — "' - —
on the 30 da of • Jam.. 19_86 and once each.......aa5 -. .._.-thereafter for... one
consecutive
day
one Times.
49.45
$-
'-14/WIAjjIsICTKIELTA-RUE
Subscribed and sworn to before me this... 1-..P t� y 01..
EDNANotaKT •'
19..$6
County, Texas
1
NOTICE OF PASSAGE OF OR-
DINANCE ON SECOND
RE,- DING •
AU,,,-'1ORlZING THE EXECU-
TION OF A LEASE
AGREEMENT FOR FARMING
PURPOSES WITH EDWARD
NEMEC FOR A 20.598 ACRE
TRACT OF LAND WHICH
WAS ACQUIRED IN CONNEC-
TION WITH THE NAVY
CLEAR ZONES, LAND ACQUI-
SITION PRO:jECT FOR A
TERM OF TH E YEARS BE-
GINNING AUG ST 1, 1986
AND ENDING JULY 31, 1986,
FOR A CONSIDERATION OF
• ONE-FOURTH (''h/ OF ALL
COTTON AND SEED RAISED
ON SAID LAND, OF WHICH Se'
LEASEE AGREES TO PAY OS
THREE-FOURTHS (3/4) OF Si)
THE GINNING CHARGES ON in
ALL COTTON GINNED AND ne
CITY AGREES TO PAY ONE- D
FOURTH ('/.) OF SUCH GIN-
NING CHARGES; AND LESSEE •
• AGREES TO PAY A SHARE
RENTAL OF ONE-THIRD (1/3)
OF GRAIN WITH A MINIMUM.
ANNUAL GUARANTEE OF
$20.00 PER ACRE.
Was passed and approved,
on second reading 6y the City
Council of the City of Corpus
Christi, Texas on the 24th day
of June, 1986. The full text of
said ordinance is available to
the public in the Office of the
City Secretary.
/s/ Armando Chapa
City Secretary
Corpus Christi, Texas
TSG 0E! Pq_ $SAGE OF OR -