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HomeMy WebLinkAbout021303 ORD - 12/17/1991AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A ONE-YEAR LEASE AGREEMENT WITH LARRY J. MOKRY FOR A 23.019 ACRE TRACT OF LAND LOCATED AT THE NORTH CORNER OF THE INTERSECTION 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, or his designee, are hereby authorized to execute a One -Year Lease Agreement with Larry J. Mokry for a 23.019 acre tract of land located at the north corner of the intersection of Chapman Ranch Road and Saratoga 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, 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." AG5000.070.aar 021303 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAM ACQUISITION nlvrslos PARKING LEASE AGREEMENT THE STATE OF TEXAS [] COUNTY OF NUECES [] THIS AGREEMENT, made and entered into this 18th. day of October, 1991 by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY", AND LARRY J. HOMY of Nueces County, Texas, hereinafter called "LESSEE". W ITNESSET H: The CITY OF CORPUS CHRISTI does by these presents lease unto the said LARRY J. MORRY the following 23.019 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 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 120.492 acres at this location. The City's cash rent will be based on the proceeds for 23.019 acres. These proceeds will be calculated on this basis. The percentage which the 23.019 acres bears to the total acreage cultivated times the total proceeds. "Farming Lease Agreement" (PARTIAL) 23.019 acres Saratoga Place -Bohemian Colony Lands GR%\AGREPr<NORR Y • 91.23A Page 1 of 14 (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 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. (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 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" (PARTIAL) 23.019 acres Saratoga Place+Bohemian Colony Lands GNN4AAGRNNT<NCRRY• 91.23A Page 2 of 14 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" (PARTIAL) 23.019 acres Saratoga Place+Bohemian Colony Lands CRFA CRnIToMAIY• 91.23A Page 3 of 14 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 the term of this lease, shall deliver up premises in as good order and condition as in, natural wear and tear and damage from only excepted. expiration of the leased same are now the elements 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" {PnnTIAL) 23.019 acres Saratoga Place+Bohemian Colony Lands GRn\AGAnfI<> OA!I'91.23A Page 4 of 14 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" {PART1u) 23.019 acres Saratoga Place+Bohemian Colony Lands GE \AGRBfroJDJURP• 91.23A Page 5 of 14 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 damned sufficiently given if sent by certified mail, with postage and fees paid, addressed to the party intended, "Farming Lease Agreement" (PARTIAL) 23.019 acres Saratoga Place+Bohemian Colony Lands CIDI\AGRRIIP<>JOAlr . 91.23A Page 6 of 14 at the following address: City of Corpus Christi P. O. 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 Larry J. Xokry 4805 Oak Knoll Corpus Christi, Texas 78413 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" (PARTIAL) 23.019 acres Saratoga Place+Bohemian Colony Lands GRR\AGABTIPoMKRl• 91. I3A Page 7 of 14 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 .J) DAY OF C(_ir 4 , 1991 JAMES R. BRAY, CITY ATTORNEY By: I t ,f7,4 4 d alio.'(ct Alison Gallaway Assistant City Attorney READ THIS INSTRUMENT BEFORE SIGNING ;Li+ LESSEE "Farming Lease Agreement" (PARTIAL) 23.01 9 acres Saratoga Place+Bohemian Colony Lands GSN\AGREflOICRRY• 91.23A Page 8 of 14 TRACT 1: A tract of land containing 10.19 acres of land comprised of all of Lots 10, 11 and 13 turu 24 and portions of Lots 4 thru 9 and 12, Block 10, Saratoga Place, a map of which is recorded in Volume 50, Page 140, Map Records of Nueces County, Texas and a portion of a dedicated public street as shown on said Map of Saratoga Place: BEGINNING at the intersection of the Northeast boundary line of Saratoga Boulevard (State Highway 357) and the North flared boundary line of Ayers Street (State highway 286) for the South corner of said Lot 11 and for the South corner of this tract; THENCE North 61°31'11" West, along the Northeast boundary of Saratoga Boulevard, same being the Southwest boundary of Lots 9 thru 11, parallel to the centerline thereof and 60.00 feet distant therefrom, measured at right angles thereto, 176.45 feet for a corner of this tract from which corner the common front corner of Lots 8 and 9 bears North 61°31'11" West 3.55 feet; THENCE, leaving said Northeast line of Saratoga Boulevard, North 00°00'54" West 481.26 feet to a point of the Northwest boundary of Lot 12 for the West corner of this tract and the point of curvature of a circular curve to the left whose radius point bears North 17°06'55" East 150.90 feet and which has a central angle of 78°07'06", a radius of 150.90 feet, a tangent distance of 122.45 feet and an arc length of 205.74 feet; THENCE, with said circular curve to the left, along the Northwest boundary of Lots 12 thru 14, a distance of 205.74 feet for the point of tangency; THENCE North 28°59'49" East, along the Northwest line of Lots 14 thru 24, a distance of 516.54 feet for the North end of this tract and the point of curvature of a circular curve to the right whose radius point bears South 61°00'11" East 10.0 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE, with said circular curve to the right, 15.71 feet for the point of tangency; THENCE South 61°00'11" East, with the Northeast boundary of Lot 24, at 390.00 feet pass the East end of Lot 24, in all a "Farming Lease Agreement" (PARTIAL) 23 . O1 9 acres Saratoga Place+Bohemian Colony Lands CSN\AGRSMTommoty 91.23A Page 9 of 14 distance of 400.00 feet for the point of curvature of a circular curve to the right whose radius point bears South 28°59'49" West 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE, with said circular curve to the right, 15.71 feet for the point of tangency; THENCE South 28°59'49" West, parallel to the centerline of Ayers Street thereo and 50.00 feet distant therefrom, measured at right angles thereto, 462.32 feet for a corner of this tract; THENCE South 34°42'28" West, a distance of 200.99 feet for a corner of this tract; THENCE South 28°59'49" West, parallel to the centerline of Ayers Street thereof and 70.00 feet distant therefrom, measured at right angles thereto, 218.13 feet for a corner of this tract; THENCE South 57°41'14" West, parallel to the aforementioned North flared boundary line of Ayers Street thereof and 10.00 feet distant therefrom, measured at right angles thereto, 229.12 feet for a corner of this tract; THENCE North 61°31'11" West, along the aforementioned Northeast boundary of Saratoga Boulevard, 11.46 feet to the point of beginning. TRACT II: A tract of land containing 4.71 acres of land comprised of all of Lots 1 thru 7 and portions of Lots 8 thru 11, Block 11, Saratoga Place, a map of which is recorded in Volume 50, Page 141, Map Records of Nueces County, Texas and a portion of a dedicated public street as shown on said recorded map of Saratoga Place: BEGINNING at a point for a corner of this tract, from which corner the common front corner of Lots 8 and 9 bears North 00°00'59" West 20.61 feet to a point on the West boundary line of Ayers Street (State Highway 286), thence North 28°59'49" East, parallel to the centerline thereof and 60.00 feet distant therefrom, measured at right angles thereto, 27.73 feet; THENCE South 28°59'49" West, parallel to the centerline of "Farming Lease Agreement" (PARTIAL) 23.01 9 acres Saratoga Place+Bohemian Colony Lands GHI4AGRHMY>/pKRY• 91 _23A Page 10 of 14 Ayers Street thereof and 50.00 feet distant therefrom, measured at right angles thereto, 344.25 feet for the Southeast end of this tract and the point of curvature of a circular curve to the right whose radius point bears North 61°00'11" West 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE, with said circular curve to the right, 15.71 feet for the point of tangency; THENCE North 61°00'11" West, at 10.00 feet pass the Southeast end of Lot 1 and continuing with the South line of Lot 1, in all a distance of 400.00 feet for the Southwest end of this tract and the point of curvature of a circular curve to the right whose radius point bears North 28°59'49" East 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; IkIENUL, with said circular curve to the right, 15.71 feet fa/ the point of tangency; THENCE North 28°59'49" East, with the West line of Lots 1 thru 10, a distance of 490.00 feet to the common rear corner of Lots 10 and 11 and for the Northwest corner of this tract; THENCE South 61°01'11" East, with the common line of Lots 10 and 11, a distance of 272.17 feet for a corner of this tract; THENCE, leaving said common line, North 89°59'06" East 58.59 feet for the Northeast corner of this tract; THENCE South 00°00'59" East, at 178.55 feet pass the West boundary line of Ayers Street, in all a distance of 199.16 feet to the point of beginning. TRACT 111: All that certain, piece or parcel of Laid containing 8.199 acres, more or less, being out of Lots three (1) ❑nd Four (4), Section Seven (7), BOHEMIAN COLONY [.ANUS, and being more particularly described by metes and bounds as follows, to -wit: COMMENCING at the intersection of the northwest line of lilo,_k 6, Saratoga PInee Subdivision, as recorded 1n Volume 42, Page 142, Map Record::, N u' es County, Texas and the northeast line of Saratoga Blvd. for the west corner of said ©lock 6, Saratoga Place Subdiv_sfon; "Farming Lease Agreement" (PARr1AL) 23.019 acres Saratoga Place+Bohemian Colony Lands GEN4AGRHM'P<MORRy91. 23A Page 11 of 14 Mita*, North 2.9 d..,, 41' 30" fent, 420. 6, Saratoga Place - J: fret along Ila, wnorthwest l inNue of IIIorL 1 _ Su LJ I:'Is ion, said line also being the northwest Line of Lot Section 7, Bohuul;m Colony Lands, to the west corner of said 97.555 acre tract; 110TTRA:, South 61 degrees 51' 00" Fast, 686.03 feet along the northeast line of said Block 6, Saratoga Place Subdivision; 1IILt:CE, South 61 degrees 51' 00" Cast, 80.00 feet to a point on the northeast line of Block 7, Saratoga Place Subdivision, as recorded 1n Volume 43, Page 15, Deed Records, Nuccee County, Texas; THENCE, South 61 degrees 51' 00" East, 1040.00 feet along the northeast line of said Blot -k 7, Saratoga Place Subdivision; 'HENCE, South 61 degrees 51' 00" Last, 80.00 feet to a point on the north line of a 122.764 acre tract of land as recorded In Volume 1604, Page 3]7, Deed Records, tlucces County, Texas; THENCE, South 61 degrees 51' 00" East, 134.22 feet (132.22 feet as recorded in Volume 1604, Page 318, Deed Records, tlucces County, Texas) along the north line of said 12.764 acre tract to a point on a curve whose radial bears North 28 degrees 09' 00" East; THENCE, 29.92 feet along the arc of a curve to the left having a radius of 150.90 feet and a central angle of 11 degrees 21' 35" to a point on the a line 500.00 feet west of parallel to the projection of the centerline of Runway 17, NALF Cabaniss for the POINT OF BEGINNING of the 8.199 acre tract herein described; THENCE, North 00 degrees 20' 43" West, 889.22 feet along a line 500.00 feet west of and parallel to the projection of the centerline of Runway 17, HALF Cabaniss, to a point on a line 2500.00 feet north of and parallel to the north end of Runway 17, HALF Cabaniss; THENCE, North 89 degrees 39' 17" East, 630.19 feet to a point on the northwest 1inc of a 9.372 acre tract of land as described in Volume 1604, Page 317, Deed Records, Nueres County, Texas; THENCE, South 28 degrees 40' 00" West, 339.06 feet along the northwest line of said 9.372 acre tract to a point on a curve whose radial bears South 61 degrees 20' 00" East; THENCE, 15.71 feet along the arc of a curve to the left having a radius of 10.00 feet and a central angle of 90 degrees 00' 00", said 15.71 feet being along the southwest boundary line of said 9.372 acre tract, to a point of tangency; THENCE, South 61 degrees 20' 00" East, 400.00 feet along the southwest boundary line of sald 9.372 acre tract to a point on a curve whose radial bears North 28 degrees 40' 00" East; "Farming Lease Agreement" (PARTIAL) 23.019 acres Saratoga Place+Bohemian Colony Lands GRR\AGRRRTc>1CARY•91.23A Page 12 of 14 THENCE, 15.71 feet along the arc of a curve to the left having a radius of 10.00 feet and a central angle of 90 degrees 00' 00", said 15.71 feet being along the south boundary 1 Inc of said 9.372 acre tract to a point of tangency on the northwest right- of-way line of Chapman Ranch Road; Save and except .08 acres out of Lot 4, Section 7, Bohemian Colony Lands, donated to the State of Texas in Volume 2280, Page 978, Deed Records of Nueces County. "Farming Lease Agreement" (PARTIAL) 23.019 acres Saratoga Place+Bohemian Colony Lands alal\AcRiront1Wl • 91.23A Page 13 of 14 -15 CP z AYERS & SARATOGA 23.019 ACRES FARM LEASE "Farming Lease Agreement" {PARTIAL) 2 3.01 9 acres Saratoga Place+Bohemian Colony Lands GETAAGRENTOIC Rl • 91,21* Page 14 of 14 hat the foregoing ordinance, was read for the first time and passed to its second reading on the ,-j day of j_ .5,' a/ i t (1."(/' ' , 190 I , by the following vote: Mary Rhodes rt (i , Edward A. Martin re , Cezar Galindo ! t Joe McComb I/QQ ,p , Leo Guerrero , L(1, Dr. David McNichols lay Betty Jean Longoria (1 / Clif Moss dty , Mary Pat Slavik (Xty That the foregoing ord4ance wa read for the second time and passed to its third reading on this the 1 f' day of f� )li(( Ol 143E i , 1 7 ( , by the following vote: Mary Rhodes rt G , Edward A. Martin 0/1 Cezar Galindo ? ° Joe McComb 4l,/f Leo Guerrero (11 S ' Dr. David McNichols (If/. Betty Jean Longoria at f • Clif Moss ite Mary Pat Slavik 7-f That thOoregoing 9rdinance was read for the third time and passed finally on this the day of V Q J 1, Llk x, 3 , 19 9 ( , by the following vote: / Mary Rhodes 1 CC-% , Edward A. Martin Cezar Galindo 0 i y- Joe McComb Leo Guerrero (1I. )" , Dr. David McNichols ( rli 2 Betty Jean Longoria (it )(_, Clif Moss (Aib Mary Pat Slavik ��yy(p` i PASSED AND APPROVED, this the /'/ day of > kC / , ,1) , 19 g I. Al I EST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED: % DAY OF ,T k a,. , JAMES R. BRAY, JR., CITY ATTORNEY By . _ L fl.e. y , Assistant -City Attorney 044 021303