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HomeMy WebLinkAbout021258 ORD - 10/08/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A ONE YEAR FARMING LEASE AGREEMENT WITH M. DOYLE SLOUGH FOR A 46 ACRE TRACT OF LAND FROM THE SOUTHSIDE SEWER TREATMENT PLANT SITE LOCATED OFF YORKTOWN BOULEVARD; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. 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 with M. Doyle Slough for a 46 acre tract of land from the Southside Sewer Treatment Plant site located off of Yorktown Boulevard; approving a rental fee of either a designated dollar portion of the crop harvested from the acreage or a guaranteed $20/acre per crop year, whichever is greater, all as more fully set forth in the Farming Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." AG5000.047.kp 021258 Rithreato CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PROPERTY aiw LAND ACQUISITION DIVISION FARMING LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this 20th day of August , 1991 by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY", AND M. DOYLE SLOUGH of Nueces County, Texas, hereinafter called "LESSEE". W ITWESSET H: The CITY OF CORPUS CHRISTI does by these presents lease unto the said M. DOYLE SLOUGH the following 46.00 acres out of Lots 12, 13, Section 34 and Lots 3, 4, Section 35, Flour Bluff and Encinal Fara and Garden Tracts as shown by map reference on attached "Exhibit A" and made a part hereof for all purposes; for a term of one (1) year commencing upon the execution of this lease by the City Manager, 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: "Farming Lease Agreement" (FULL) 46.00 acres, FB&EF&GT GRANAGRRMTCSLO G•91.4M Page 1 of 9 (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 ginning 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 leased 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. Fertilizer expense shall be the sole responsibility of the Lessee. 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 CITY HALL - 1201 Leopard Street Vivian Benavides 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 purpose than these herein specified without the prior written consent of the City. 3. Lessee agrees not to sublet leased premises or any "Farming Lease Agreement" (FULL) 46.00 acres, FB&EF&GT GHH\AGRHRI'OSLOUG • 91 . 46A Page 2 of 9 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. 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 premises at anytime during the term of this lease. Should t h e 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 "Farming Lease Agreement" (FULL; 46.00 acres, FB&EF&GT GS:I\AGREM5.OSL000.91.46/ Page 3 of 9 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 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" (FULL) 46.00 acres, FB&EF&GT GRR\AGRRM'<>SLOUG.91.46A Page 4 of 9 12. The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said leased 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 the 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 other personal property which are not located "Farming Lease Agreement" (FULL) 46.00 acres, FB&EF&GT GEJMGRSMT<>SIOUG • 91.16* Page 5 of 9 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. The Lessee shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees and agents [hereinafter called "the Indemnitees"] against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this agreement, unless such injury, loss or damage shall be caused by the sole negligence of Indemnitees. Lessee shall, at Lessee's own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands and actions. 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 deared sufficiently given if sent by certified mail, with postage and fees paid, addressed to the party intended, "Farming Lease Agreement" (FULL; 46.00 acres, FB&EF&GT GEI\\AGFBMlc>szour• 91.46A Page 6 of 9 at the following address: City of Corpus Christi P. 0. Box 9277 CITY HALL - 1201 Leopard Street Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION THIRD FLOOR [Sonny Garza] Corpus Christi, Texas 78469-9277 -*- M. Doyle Slough 7610 Slough Road Corpus Christi, Texas 78414 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. 19. By Lessee's execution thereof, Lessee acknowledges that Lessee has read this agreement and understands that this agreement is not binding on the City until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. "Farming Lease Agreement" (FULL) 46.00 acres, FB&EF&GT GBI4AGREICFOSLO UG • 91. / 6A Page 7 of 9 WITNESSED the execution hereof in triplicate originals, each of which is to be considered as an original, this day of , 1991. By: CITY OF CORPUS CHRISTI, TEXAS Juan Garza, City Manager LESSOR ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 00 -5 DAY OF JAMES R. BRAY, CITY ATTORNEY By: `A kion, J &Q.t1 rvis Alison' Gallaway Assistant City Attorney READ THIS INSTRUMENT BEFORE SIGNING 12). 4Lc Doyl4 Slough LESSEE "Farming Lease Agreement" (FULL) 46.00 acres, FB&EF&GT GE"AGREkToSLOLG•91• I6A Page 8 of 9 , 1991 -4- \,_ RODD - — FIELD ROAD _J 1 0 z m r EXHIBIT A n 0 0 co 0 0) C CD c_ rn n D -< D o m v 0 "Farming Lease Agreemen(FULL; 46.00 acres, FB&EF&GT GKAAGRSM'<>SLOUG.91.464 Page 9 of 9 That the foregoing o dinance was read for the first time and passed to its second reading c .s thee -day of ,1 Js? n RO , 197 /. , by .the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik dip That the foregoing ordipance was read for the second time and passed to its third reading on this the 1 day of L e t Ct-fA c ie , 19 9 / , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Its; Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik That the orggog ordinance w s read for the third time and passed finally on this the Y day of (T,. L.•�1x_,�fi , 19' 1 , by the following vote: _/- f • Edward A. Martin �' Joe McComb r L kit()": Dr. David McNichols Clif Moss Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria PASSED AND APPROVED, this the Ai"1'ES% (i��T City Secretary Mary Pat Slavik day of (Lk Qe ,19�� MAYOR N THE CITY ©F CORPUS CHRISTI APPROVED: / ? DAY OF : „ ; ; „. b 19 `>' : JAMES R. BRAY, JR., CITY ATTORNEY By l ./..N-)74' ..r 044 EU j , Assistant City Attorney 021258