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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 e0A/ZWAA/ C ®Ny 46,p Ref rence: vo/erme .4, Paid- �B, -oa.✓. Moo •ed'ee , Nuea ecea u/7/7, Tex. ✓SCO/C .' /": 2C0 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 -