Loading...
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