HomeMy WebLinkAbout021543 ORD - 01/05/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
ONE-YEAR LEASE WITH LARRY J. MOKRY FOR A 23.019 -ACRE TRACT OF
LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
AYERS STREET 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, 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 is hereby authorized to
execute a one-year lease agreement with Larry J. Mokry for a 23.019 -acre tract of land located at
the northwest corner of the intersection of Ayers Street and Saratoga Boulevard and approve 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 Lease
Agreement, a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A."
AG5000.252.ajr
021543
MICROFIIMEU
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PROPERTY KANAGENENT
FARMING LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT,
AGREEMENT, made and entered into this
Ap2:1Cmeec, , 1992 by and between the CITY OF CORPUS
municipal corporation, hereinafter called "CITY", AND
Nueces County, Texas, hereinafter called "LESSEE".
W ITNESSET H:
The CITY OF CORPUS CHRISTI does by these presents lease unto the
said LARRY J. SORRY 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:
7 - day of
CHRISTI, TEXAS, a
LARRY J. SORRY of
(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
"Farming Lease Agreement" (PARTIAL}
23.019 acres, Saratoga PlacetBohsian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 1 of 14
r , L .
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
Gene Nagowski, Collections Section
"Farming Lease Agreement" (PARTIAL/
23.019 acres, Saratoga placatnohaaian Colony Lando
GEN\AGREMT<>MOKRY'92.23A
Page 2 of 14
Corpus Christi, Texas 78469-9277
payable annually following crop harvest.
2. 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 an
accurate book of accounts regarding all business
matters pertaining to the cultivation of the
premises, 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 lease, 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 leased premises
at anytime during the term of this lease. Should
the property be sold, used, or leased before
expiration hereof and the purchaser or Lessee is
not willing to take subject to this lease and
demands immediate possession, then the Lessee
agrees to vacate within fifteen (15) days after
"Farming Lease Agreement" (PARTIAL]
23.019 acres, Saratoga P1acefBohenian Colony Enda
GEN\AGREMT<>MOKRY'92.23A
Page 3 of 14
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 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 Lessee would have paid.
7. The Lessee agrees that Lessee will pay for all
damages to any utility lines or equipment located
on the premises 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.
9. The Lessee agrees that Lessee will take good care
of the premises and its appurtenances, and suffer
no waste, and shall keep the said premises in good
repair at Lessee's own expense, and at expiration
of this lease, shall deliver up the leased premises
"Farming Lease Agreement" {PARTIAL)
23.019 acres, Saratoga Place+Bohenian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 4 of 14
in as good condition as same are now in, natural
wear and tear and damage from the elements only
excepted.
10. The Lessee shall not use the 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 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 connected
with the premises during of this lease at Lessee's
own expense.
13. The City reserves the right to enter the said
premises at any time during this lease for the
purpose of inspecting to determine whether the
lease terms are being carried out.
14. In case of any default of this lease, the City may
enforce the performance thereof in any manner
provided by law; and may declare the lease
"Farming Lease Agreement" (pmmrs L)
23.019 acres, Saratoga Place+Bohsian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 5 of 14
forfeited at its discretion and it, its agents, or
attorney shall have the right, without further
notice, 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 this lease at the best rent they
may obtain, for the account of the Lessee, who
shall pay 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 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 ["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
"Farming Lease Agreement" {PARTIAL}
23.019 acres, Saratoga Place+Bohamian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 6 of 14
out of or be in any way connected with, the
performance of this lease, 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 a 1 1
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 all times of
ingress, egress, and regress to the premises for
the purpose of conducting any business incident to
other activities of the said City.
17. Any notice from either party to the other 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 MANAGEMENT
Harry P. Maxim
1317 MESTINA
Corpus Christi, Texas 78469-9277
-*-
"Farming Lease Agreement" (PARTIAL)
23.019 acres, Saratoga P1aee+Boh®ian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 7 of 14
LARRY J. NORM
P.O. Sox 271098
Corpus Christi Texas 78427-1098
18. This lease is made and accepted subject to Lessee
paying prior to delinquency all ad valorem taxes
that may be levied and assessed on the Premises
during the term of this lease based on Lessee's use of the
Premises.
19. By Lessee's execution, Lessee acknowledges that
Lessee has read this lease and understands that
this lease 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 Boh®ian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 8 of 14
i
WITNESSED the execution hereof in triplicate originals, each of
which is to be considered as an original, this day of
, 1992.
By:
LESSOR
CITY OF CORPUS CHRISTI, TEXAS
Juan Garza, City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS /p DAY OF f«-(,fx i1 , 1992.
JAMES R. BRAY, CITY ATTORNEY
By:
Alison/Gallaway °
Assistant City Attorney
READ THIS INSTRUMENT BEFORE SIGNING
LESSEE
"Farming Lease Agreement" own -AL)
23.019 acres, Saratoga Place+sohenian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 9 of 14
TRACT 1: A tract of land containing 10.19 acres of land comprised of
all of Lots 10, 11 and 13 thru 24 and portion 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
of tangency;
THENCE South
390.00 feet
feet for the
said circular curve to the right, 15.71 feet for the point
61°00'11" East, with the Northeast boundary of Lot 24, at
pass the East end of Lot 24, in all a distance of 400.00
point of curvature of a circular curve to the right whose
"Farming Lease Agreement" {PARTIAL)
23.019 acres, Saratoga Place4Bohamian Colony Lancia
GEN\AGREMT<>MOKRY'92.23A
Page 10 of 14
T
i
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
thereto 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 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;
"Farming Lease Agreement" (PARTIAL)
23.019 acres, Saratoga Plnce+Bohmi°n Colony Inde
GEN\AGREMT<>MOKRY'92.23A
Page 11 of 14
T
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;
THENCE, with said circular curve to the right, 15.71 feet
of tangency;
THENCE North 28°59'49" East, with the West line of Lots
distance of 490.00 feet to the common rear corner of Lots
for the Northwest corner of this tract;
THENCE South 61°01'11" East, with the common line of Lots
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.
for the point
1 thru 10, a
10 and 11 and
10 and 11, a
TRACT III:
All that certain, piece or parcel of land containing 8.199 acres, more
or less, being out of Lots Three (3) and Four (4), Section Seven (7),
BOHEMIAN COLONY LANDS, and being more particularly described by metes
and bounds as follows, to -wit:
COMMENCING at the intersection of the northwest line of Block 6,
Saratoga Place Subdivision, as recorded in Volume 42, page 142, Map
Records, Nueces County, Texas and the northeast line of Saratoga Blvd.
for the west corner of said Block 6, Saratoga Place Subdivision;
THENCE, North 28
line of Block 6,
northwest line of
corner of said 97
degrees 41'30" East, 420.02 feet along the northwest
Saratoga Place Subdivision, said line also being the
Lot 4, Section 7, Bohemian Colony Lands, to the west
.555 acre tract.
THENCE, South 61 degrees 51'00" East, 686.03 feet along the northeast
line of said Block 6, Saratoga Place Subdivision;
"Farming Lease Agreement" (PARTIAL}
23.019 acres, Saratoga Place+Bohanian colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 12 of 14
1
THENCE, South 61 degrees 51'00" East, 80.00 feet to a point on the
northeast line of Block 7, Saratoga Place Subdivision, as recorded in
Volume 43, Page 15, Deed Records, Nueces County, Texas;
THENCE, South 61 degrees 51'00" East, 1040.00 feet along the northeast
line of said Block 7, Saratoga Place Subdivision
THENCE, South 61 degrees 51'00" East, 80.00 feet to a point on the north
line of a 12.764 acre tract of land as recorded in Volume 1604, Page
317, Deed Records, Nueces County, Texas;
THENCE, South 61 degrees 51'00" East, 134.22 feet (132.22 feet as
recorded in Volume 1604, Page 318, Deed Records, Nueces 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 line of 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, NALF 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 line of a 9.372 acre tract of land as described in Volume
1604, Page 317, Deed Records, Nueces 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 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 said 9.372 acre tract to a point on a
radial bears North 28 degrees 40'00" East;
curve whose
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
"Farming Lease Agreement" (Runs)
23.019 acres, Saratoga Place+Boh®ian Colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 13 of 14
being along the south boundary line 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 P1aceFBohamian colony Lands
GEN\AGREMT<>MOKRY'92.23A
Page 14 of 14
1
That t e foregoingordinance was read for the first time and passed to its second reading
the ,) day of DP el q t Oa) , 19 (7; , by the following vote:
Mary Rhodes 1 -e -ll • Edward A. Martin
Cezar Galindo
Leo Guerrero
Joe McComb
Dr. David McNichols
Betty Jean Longoria Clif Moss /'
Mary Pat Slavik (,(L' je_
That the foregoing ordinance was read for the second time and passed to its third reading on
this the 15- day of ;P( Q !i1 _(i t , 19 t,N ;, , by the following vote:
Mary Rhodes 3-i 1_ - Edward A. Martin 1_e-(yIL/ jL+
i
Cezar Galindo 11f^K_ ' Joe McComb ( L14
n
Leo Guerrero (Lfrj Dr. David McNichols
Betty Jean Longoria 4,1 Clif Moss
Mary Pat Slavik
That the foregoing ordinance read for the third time and passed finally on this the 5
day of klowIQ,Y 3 , 19 , 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
PASSED AND APPROVED, this the , day of 3 VIA A a ,Y'I 1 , 19 (U.
1:((
MAYOR
THE OF CORPUS CHRISTI
APPROVED: c94 DAY OF , 19 h :
JAMES R. BRAY, JR., CITY ATTORNEY
City Secretary
By✓`
044
bbdtvc
Matt ; &&� J , Assistant City Attorney
T
021543