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HomeMy WebLinkAbout020660 ORD - 05/02/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A FOUR MONTH FARMING LEASE AGREEMENT WITH LARRY J. MOKRY FOR A 35.4 ACRE SECTION OF THE OSO CREEK PARK TRACT BETWEEN BILL WITT PARK AND OSO CREEK AND APPROVING A RENTAL FEE OF $30 PER ACRE PER CROP YEAR OR A DESIGNATED DOLLAR PORTION OF THE CROP RAISED ON THE LAND, WHICHEVER AMOUNT IS GREATER; AND DECLARING AN EMERGENCY. 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 four month farming lease agreement with Larry J. Mokry for a 35.4 acre section of the Oso Creek Park tract between Bill Witt Park and Oso Creek, and approving a rental fee of $30 per acre per crop year or a designated dollar portion of the crop raised on the land, whichever amount is greater, 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. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passe and shall take effect upon rst reading as an emergency of measure this the day_ f . --.� ATTEST: City Secretary APPROVED: ;20 DAY OF ilf'141 got19 � HAL GEORGE, CITY ATTORNEY By Ass.' nt City Attor 208JB077.ord THE CITY OF CORPUS CHRISTI, TEXAS 20660 M%CROF%LMED FARMING LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT, made and entered this the 22nd day of March, 1989, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, herein- after called "City", and LARRY J. MOKRY 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 Larry J. Mokry the following described premises, to -wit: Approximately 35.4 acres as shown on attached Exhibit "A" on page 7. for a term of four (4) months beginning May 15, 1989 and ending 15, September 1989, subject to the following consideration, covenants and P 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 193 acres at this location. The City's cash rent will be prorated on the basis of the City's acreage versus the total acreage being cultivated, that being 35.4 acres out of a total 193 acres. Therefore, the City's share of the proceeds will be 18.4 percent of the total proceeds for 35.4 acres, but will change if the total acreage cultivated changes. (b) The consideration for this lease, to be paid by Lessee, is one-fourth (1/4) 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 "Lease Agreement (Farming)" 35.4 acres, Oso Creek Tract (Larry J. Mokry) Page 1 of 7 cost to him, 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, he 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 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 that 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 $30.00 per acre, whichever is greater. (d) Said rent shall be delivered or mailed to: City of Corpus Christi Collections Section 1201 Leopard Corpus Christi, Texas 78469 Attention: Norma Casas 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 open to inspection by the City. "Lease Agreement (Farming) " 35.4 acres, Oso Creek Tract (Larry J. Mokry) Page 2 of 7 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 tenant's share of the crop under this lease, less 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 replace all such lines injured or destroyed as a result of his agricultural operations. "Lease Agreement (Farming) " 35.4 acres, Oso Creek Tract (Larry J. Mokry) Page 3 of 7 8. The Lessee agrees to pay for all utilities used at the premises 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 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 demised 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 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. "Lease Agreement (Farming) " 35.4 acres, Oso Creek Tract (Larry J. Mokry) Page 4 of 7 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 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, 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 shall be cumulative of the statutory lien created by law and in addition thereto. 15. Lessee 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 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. "Lease Agreement (Farming) " 35.4 acres, Oso Creek Tract (Larry J. Mo kry ) Page 5 of 7 17. Any notice or other communication from either party to the other in regard to this agreement shall be deemed suffic-ently 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 1201 Leopard Street Corpus Christi, TX 78469 Mr. Larry J. Mokry 4805 Oak Knoll Circle Corpus Christi, TX 78413 WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this day of , 1989. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: By Armando Chapa, City Secretary Juan Garza, City Manager APPROVED AS TO LEGAL FORM THIS 1989. day of HAL GEORGE, CITY ATTORNEY By Assistant City Attorney (LESSOR) Lar Mokry (LESSEE) "Lease Agreement (Farming) " 35.4 acres, Oso Creek Tract (Larry J. Mokry) Page 6 of 7 8 if 45 "; I a • 1 g tog 411. !.01 • • • • t 11 SA 11 [ 1 . t ill wt. w tatgtilitel ...... a 1 1 ; t r 11 i* ki 8. k t •• 1 i litaa! Ilea= L t1:1:1L :17 t I • <e ce a 000‘1. At21 • „. / --= AftetO MJI.1-1.40M 9 t .*1,' , /17 / y , , EXHIBIT "A" Lease Agreement (Farming) 35.4 Acres, Oso Creek Tract (Larry J. Mokry) Page 7 of 7 0 Corpus Christi, Texas day of � TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 198t For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we , therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Cl i f Moss Mary Rhodes Frank Schwing, Jr. 99.045.01 THE CITY OF CORPUS CHRISTI, TEXAS was passed by the following vote: ,41 20660