HomeMy WebLinkAbout021259 ORD - 10/08/1991AN ORDINANCE
AUTHORIZING THE RENEWAL 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 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 renewal
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 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."
AGS000.034.kp
021259
M1GJFJLM Ee
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PROPERTY AND Zarin ACQUISITION DIVISION
FARMING LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT, made and entered into this 23rd day of
July , 1991 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 I 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" and shown by map reference on
attached "Exhibit B", both exhibits are 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
covenants and conditions, to -wit:
consideration,
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
"Farming Lease Agreement" (PARTIAL,
20.598 acres, Bohemian Colony Lands
GEN\AGREMTUNEMEC'91.20A
Page 1 of 11
EXHIBIT "A"
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 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 o n e -
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.
(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. O. Box 9277
CITY HALL - 1201 Leopard Street
Vivian Benavides, Collections Section
Corpus Christi, Texas 78469-9277
"Farming Lease Agreement" (PARTIAL}
20.598 acres, Bohemian Colony Lands
GEN\AGRENT<>NEMEC'91.20A
Page 2 of 11
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
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 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
"Farming Lease Agreement" (PARTIAL]
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.20A
Page 3 of 11
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 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
"Farming Lease Agreement" (PARTIAL)
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.20A
Page 4 of 11
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 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,
"Farming Lease Agreement" (PARTIAL)
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.2OA
Page 5 of 11
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
obtain, for the account of
make good any deficiency;
the
the
and
best rent they may
Lessee, who shall
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. 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
"Farming Lease Agreement" {»ARTIAL}
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.20A
Page 6 of 11
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
premises for the purpose
on any business incident
said City.
regress on and over said
of conducting and carrying
to other activities of the
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
CITY HALL - 1201 Leopard Street
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
THIRD FLOOR [Sonny Garza]
Corpus Christi, Texas 78469-9277
-*-
Mr. Edward Nemec
Rt. 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" (PARTIAL)
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.20A
Page 7 of 11
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" (PARTIAL)
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.20A
Page 8 of 11
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 -=-? DAY OF , 1991
JAMES R. BRAY, CITY ATTORNEY
By:
Alison Gallaway
Assistant City Attorney
READ THIS INSTRUMENT BEFORE SIGNING
Edward Nemec
LESSEE
L 9Z1_
"Farming Lease Agreement" (PARTIAL)
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.20A
Page 9 of 11
Description for a 20.598 acre tract of land out of Lot 5, Section 8, Bohemian
Colony 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 intersection with the northeast boundary line of said Lot
5, from whence the most northerly corner of said Lot 5, bears North 61
degrees, 30 minutes 28 seconds West, 50.0 feet for the most northerly and
beginning corner of the tract herein described;
Thence South 61 degrees 30 minutes 28 seconds East, 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 South 28 degrees 46 minutes 02 seconds West, a distance of 1,260.78
feet to a point in the northeast right-of-way line of Saratoga Boulevard for
the most southerly corner of the tract herein described;
Thence North 61 degrees 32 minutes 59 seconds West,
right-of-way line of said Saratoga Boulevard, a distance of
concrete monument in the northeast right-of-way flare -out at
a corner of the tract herein described;
with the north
602.03 feet to a
Ayers Street for
Thence North 00 degrees 25 minutes 35 seconds East, 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 North 28 degrees 58 minutes 01 second East, with the southeast
right-of-way line of said Ayers Street, a distance
iron rod for a corner of the tract herein described;
Thence North 23 degrees 33 minutes 42 seconds
right-of-way line of said Ayers Street, a distance
for a corner of the tract herein described;
of 220.00 feet to a 5/8"
East, with the southeast
of 201.02 feet to a point
Thence North 28 degrees 46 minutes 02 seconds East, 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" (plum/
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>NEMEC'91.20A
Page 10 of 11
That th foregoing o
the r day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
inane was read for the first time and passed to its second reading is
(rFh} , 19(7) ' , by the following vote:
Edward A. Martin
1/1./ Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordi/pance_ was read for the second time and passed to its third reading on
this the I day of i Ct 8 Ltc !1- , 19 (7 / , 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
That the ,for going ordinance was read for the third time and passed
day of , 19 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
1
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
PASSED AND APPROVED, this the day of . - i.
Al IE. T:
City ecretary
APPROVED:. DAY OF f
JAMES R. BRAY, JR., CITY ATTORNEY
By
044
MAY?R
THE CIA OF CORPUS CHRISTI
finally on this the
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Assistant City Attorney
021259