HomeMy WebLinkAbout020738 ORD - 08/08/1989AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE
AGREEMENT WITH EDWARD NEMEC FOR A 70 ACRE TRACT OF LAND
LOCATED ON CHAPMAN RANCH ROAD; 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 one-year farming lease agreement, effective August 1, 1989,
with Edward Nemec for a 70 acre tract of land located on Chapman Ranch
Road, 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 of executing the abovementioned lease agreement at the
earliest practicable date, 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 passed and shall take effect upon first reading as an
emergency measure this the day of
19 ,
ATTEST:
i
City Secretary
APPROVED: -)v DAY OF 4,k-L-c-�
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
208HG107.ORD
MAkOR
THE CITY OF CORPUS CHRISTI
, 1964-)
20738 min pn rs As ran
7=31 r,.
11♦ of
C'u�pus
Christi
• Engineering Services
Property and Land Acquisition Division
THE STATE OF TEXAS IF
COUNTY OF NUECES 11
FARMING LEASE AGREEMENT
[FULL TRACT'
THIS AGREEMENT, made and entered into this the 6th. day of July,
1989, 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".
WITNESSETH:
The CITY OF CORPUS CHRISTI does by these presents lease unto the
said EDWARD NEMEC the following 70.0 acres described by metes and
bounds on the attached Exhibit "A" (see Page 8) and shown by map
reference on attached Exhibit "B" (see Page 9); for a term of one (1)
year beginning August 1, 1989 and ending July 31, 1990, subject to the
following 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 ginnng 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
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
"Farming Lease Agreement" -full
70.00 acres, Bohemian Colony Lands
(Nemec)
Page 1 of 9
7=32
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 that 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
P. 0. Box 9277 [1201 Leopard Street]
Norma Casas
Collections 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
open to inspection by the CITY.
"Farming Lease Agreement" -full
70.00 acres, Bohemian Colony Lands
(Nemec)
7=33
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
property be
date hereof
the
term
of
this
sold, used or leased
and the purchaser or
lease.
before the
LESSEE not
Should the
expiration
willing
demands
be
to take the same subject to this lease and
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 growning
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
"Farming Lease Agreement" -full
70.00 acres, Bohemian Colony Lands
(Nemec)
7=34
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 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
"Farming Lease Agreement" -full
70.00 acres, Bohemian Colony Lands
(Nemec)
7=35
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 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 he 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 (LESSOR), from any and all claims or
"Farming Lease Agreement" -full
70.00 acres, Bohemian Colony Lands
(Nemec)
7=36
damages of any nature whatsoever due to any negligence
of LESSEE or LESSEE'S 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.
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:
City of Corpus Christi
P. 0. Box 9277 [1201 Leopard Street]
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
3rd. Floor
Corpus Christi, Texas 78469-9277
Mr. Edward Nemec
Route 2, Box 182
Robstown, Texas 78380
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.
"Farming Lease Agreement" -full
70.00 acres, Bohemian Colony Lands
(Nemec)
7=37
WITNESSED the execution hereof in triplicate originals, each of
which is to be considered as an original, this day of
, 1989.
By:
CITY OF CORPUS CHRISTI, TEXAS
Juan Garza
City Manager
LESSOR
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS /, DAY OF C 17,6 , 1989.
HAL GEORGE, CITY ATTORNEY
By:
Uson (6q ( z�
Assistant City Attorney
Edward Nemec
LESSEE
"Farming Lease Agreement"—full
70.00 acres, Bohemian Colony Lands
(Nemec)
notes :or a tract •
7i311 CJLOLV La s maLa
Records, Nueces Conn Texas, s
tculori- described by metes and Sol
.i lot 2. Section 14,
ecard in Volume A, Page 48,
77.738 3or_ tract being more
u1Sows:
Be inning at the most southerly corner o: _.rid 'tot 2, in the centerline
ai Avers Street (Chapman Ranch Road);
Thence N.o1'29'58"'N., with the southwest bouncar, line of said Lot 2, a
._stance of 50.0 feet to a 5/3" iron rod in the northwest right of way
rine of said Ayers Street for the most southerly and beginning corner
the tract herein described;
Thence continuing N.61°29'5a , with t../ scuthwest line of said Lot 2,
distance of 2,590.89 feet to a 575" irm rad :or the common corner of
3, 6 and 7, said Sect_c0 1-, 11x01 _._ most westerly corner of
sail Lot 2, and the most westerly corner a: toe tract herein described;
Tenets_ N.29°02'02"11., with the ncrtnw°
_-stance of 1,320.10 feet tpa SI8"
nae _:neriy corner at sold Lot �....
herein described;
line of said Lot 2, a
7d set 12' deep for the most
pet northerly corner of the
Thence 5.61029153"E., with the northeast bouniory line of said Lot 2, a
distance of 1,957.75 feet to a 5/8" iron rod in the most westerly
corner of Block 2, Saratoga Industrial PLice Snit 2, as shown by map of
record in Volume 45, Pace 19, Map Records, Nueces County, Texas, for
the northeasterly corer of the tract herein described;
Thence S.29°02133%., with the southwestern: extension of the southeast
right of wav line of Robertson Drive in said Saratoga Industrial Place
Lint 2, a distance of 233.34 feet to 2 1" iron pipe for an interior
corner of the tract herein described;
Thence 5.45°01'51"E., a distance of 657.71 feet to a 1" iron pipe in
the northwest right of wav line of said Ayers Street for the most
easterly corner of the tract herein described;
Thence 5.28°59'22"W., with the northwest right of wav_ line of said
Ayers Street, a distance o[ 900.41 feet to the point of beginning.
Save and except a 115 by 1,333 foot drainage easement shown on Exhibit
„B„
"Farming Lease Agreement" -full
70.00 acres, Bohemian Colony Lands
(Nemec)
f JI I f
5'wcv Alan cf
LOT 2, SECT/ON/ ,
f9ONEM/AA/ COL ON Y LANDS
£c/erc,1ce ;'o /Lime A, , e 46 4,a,eccoids
,duct: s Ccucfy, Tcx
"Farming Lease Agreement"—full
70.00 acres, Bohemian Colony Lands
(Nemec)
Page 9 of 9
Corpus Christi, Texas
day of
, 198'
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
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,
99.045.01
Council Members
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance ,was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
20738