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HomeMy WebLinkAbout020739 ORD - 08/08/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD NEMEC FOR A 20.598 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; 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 20.598 acre tract of land located at the northeast corner of Chapman Ranch Road and Saratoga Boulevard, 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: City Secretary MAiOR THE CITY OF CORPUS CHRISTI APPROVED: .-4p DAY OF , 19 g° HAL GEORGE, CITY ATTORNEY Assistant City Attorney 208HG106.ORD 20739 MICROFILMED C -it of L” -pus Christi Engineering Services Property and Land Acquisition Division FARMING LEASE AGREEMENT Navy Clear Zones-Cabaniss [Parcel 67] THE STATE OF TEXAS t COUNTY OF NUECES 11 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". W 1 T N E S S E T H: The CITY OF CORPUS CHRISTI does by these presents lease unto the said EDWARD NEMEC the following 20.598 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) LESSEE is farming a total of 75.2 acres at this location. The City's cash rent will be based on the proceeds for 20.598 acres. These proceeds will be calculated on this basis: The percentage which the 20.598 acres bears to the total acreage cultivated times the total proceeds. (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 ginnng charges. The LESSEE agrees that in the event any cotton crop or any portion thereof is sold in the field without harvesting "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands (Nemec) Page 1 of 9 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 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. (c) 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: 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. "Farming Lease Agreement" -partial 20.598 acres, Bohemian Colony Lands (Nemec) 7=23 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. 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 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 "Farming Lease Agreement"—parital 20.598 acres, Bohemian Colony Lands (Nemec) 7=24 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 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. "Farming Lease Agreement"-parital 20.598 acres, Bohemian Colony Lands (Nemec) 7=25 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 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 "Farming Lease Agreement"-parital 20.598 acres, Bohemian Colony Lands (Nemec) 7=26 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 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 Mr. Edward Nemec P.O. Box 9277 [1201 Leopard Street] Rt. 2, Box 182 Department of Engineering Services Robstown, Texas PROPERTY & LAND ACQUISITION DIVISION 78380 3rd. Floor Corpus Christi, Texas 78469-9277 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"-paritai 20.598 acres, Bohemian Colony Lands (Nemec) 7=27 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 FORI1 THIS DAY OF By: HAL GEORGE, CITY ATTORNEY Assistant City Attorney C /j Edward Nemec LESSEE "Farming Lease Agreement"-parital 20.598 acres, Bohemian Colony Lands (Nemec) , 1989. Description for a 20.54., acre tract of land out of Lot 5, Section 8, Bohemian t'olony 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 bounds as follows; Beginning at a 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 satd Lot 5, bears N. 61' 30' 28" W., 50.0 feet for the most northerly and beginning corner of the tract herein described; Thence S. 61' 10' 28" E., with the northeast line of said 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., with 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 Avers 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' Or E., with the southeast right of way line of nald Ayers Street, a distance of 220.00 feet to a 5/8" iron rod for corner of the tract herein described; Thence 11. 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 "Farming Lease Agreement"-parital 20.598 acres, Bohemian Colony Lands (Nemec) ArrLrl.Cai/,i-/-.✓ mor. Lo/5, 0; l/'30 'P.? ..y 0 T EXHIBIT B Mop of 20.6©8 eCRS 7 ZaCr OUT OP Lor4see. a.. 80Ns.0/11NCC 2ONY205. rrrncc: Uo/uince 4 ora ,C -'cords, i“ve,,, 5 wc: � "Farming Lease Agreement"—parital 20.598 acres, Bohemian Colony Lands (Nemec) Page 9 of 9 Corpus Christi, Texas day of , 198 I 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 11YOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin �. Joe McComb d� Clif Moss Mary Rhodes qi Frank Schwing, Jr. (i 20739