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
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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