HomeMy WebLinkAbout16824 ORD - 01/20/1982sp;1/5/82;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE-
MENT FOR FARMING PURPOSES WITH W.E. BRANDESKY FOR A
TERM OF FOUR YEARS AND TEN MONTHS AT A SHARE RENTAL OF
ONE-FOURTH (1/4) OF ALL COTTON AND SEED AND ONE-THIRD
(1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL GUARAN-
TEE OF $30 PER ACRE, 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
1701.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS.
SECTION 1. That the City Manager be and he is hereby authorized
to execute a lease agreement for farming purposes with W.E. Brandesky for a
term of four years and ten months at a share rental of one -forth (1/4) of
all cotton and seed and one-third (1/3) of the grain crops with a minimum
annual guarantee of $30 per acre, all as more fully set forth in the lease
agreement, a substantial copy of hich is attached hereto and made a part
hereof, marked Exhibit "A".
sEp 8 1984
MICROFILMED
16824
THE STATE OF TEXAS
COUNTY OF NpECES
LEASE AGREEMENT
1
(Farming)
THIS AGREEMENT, made and entered into this the29th. day of
December
, 1981, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called :City", and
W. E. Brandesky,
of Nueces County, Texas, hereinafter called "Lessee".
W ITNESSET H:
The City of Corpus Christi does by these presents lease and demise
unto the said W. E. Brandesky,
the following described premises, to -wit:
A tract of land comprised of approximately thirty-four and one-tenth
(34.1) acres (more or less) out of Lot 1, Section 15 of the Bohemian
Colony Lands which leased tract fronts on Greenwood Drive and Saratoga
Blvd. and is designated on the map attached hereto, marked Exhibit
"A", and made a part hereof;
for a term of
January
four years and ten months
beginning
1st. , 1982 and ending October 31st. ,
1986, subject to the following consideration, covenants and conditions,
to -wit:
1. The Lessee is to pay therefore the following rental and cash
bonus to be paid as follows:
(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 a-
grees to pay one-fourth (¼) 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 him, the rent will be one-third (1/3) of the pro-
ceeds of such sale instead of one-fourth (1).
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
?age 1 of 5
feed, and should Lessee plant any part oE said leased pre-
mises in Sudan, Rhodes Crass or any other feed and retain
the same for home use he shall pay money rent therfor on
the basis of what the other feed grown on said leased
premises averaged per acre on the market. It is agreed
that City shall pay one-third (1/3) of the hauling ex-
pense 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.
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 $30.00 per acre, whichever is greater.
(c) Said rent shall be delivered or mailed to Property and
Land Acquisition, 1801 N. Chaparral, Corpus Christi,
Texas2.78401, payable annually following crop harvest.
2. It is understood and agreed that the leased premises are to be
used for agricultural purposes only. That said premises are
not to be used for any other purpose than these herein speci-
fied unless consented to by the City in writing.
3. Lessee agrees not to sublet the leased premises or any portion
thereof without the consent of the City in writing.
4. It is further understood that Lessee shall keep a true and ac-
curate book of accounts regarding all business matters per-
taining to the above described cultivation of the premises
hereby leased, and that such books shall be open to inspec-
tion 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 or
lease for a use different from the present use, all or any part
of the herein leased land at any time during the term of this
"Lease Agreement" -Farming-
W. E. Brandesky
Pa g,1 2 of 5
lease. Should the property be sold 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 thirty (30)
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
lease, then on similar land in the immediate vicin-
ity. Any payments so made shall be in proportion
to the tenant's share of the crop under this lease,
less harvesting costs.
7. This Lessee agrees that he will pay for any and all damages to
any utility lines or equipment located on said land which may
be incurred by his farming or agricultural operations or to re-
place all such lines injured or destroyed as a result of his
agricultural operations.
8. The Lessee agrees to pay for all utilities used at the pre-
mises being leased by him.
9. The Lessee agrees that he will take good care of the property
and its appurtenances, and suffer no wastes, and shall keep the
said premises in good repair at his own expense, and at the end
of the expiration of the term of this lease, shall deliver up
the demised premises in as good order and condition as same
are now in, natural wear and tear and damage from the ele-
ments only excepted.
"Lease Agreement" -Farming-
W.E. Brandesky (34.1 acres)
P1;4e 3 of 5
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 demised premises.
12. The Lessee shall promptly execute and fulfill all the ordi-
nances of the City of Corpus Christi applicable to said pre-
mises, and all orders and requirements imposed by the Health,
Sanitation and Police Departments of the City, for the cor-
rection, prevention and abatement of nuisances in, upon, or
connected with said premises during the term of this lease at
his 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 pro-
vided by law; and may declare the lease forfeited at its dis-
cretion 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,
"Lease Agreement" -Farming-
Brandesky (34.1 acres)
?Ai;,
4 of
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. Lessee agrees to save and keep harmless the City of Corpus.
Christi, Texas (Lessor), from any and all claims or damages
of any nature whatsoever due to any negligence of Lessee or
their employees in the operation of the leased premises.
16. The City shall have the right at any and all times of in-
gress, 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 deemed sufficient-
ly given if sent by certified mail, with postage and fees
paid addressed to the party intended, at the following
address:
City of Corpus Christi ,
Property and Land Acquisition
1801 N. Chaparral
Corpus Christi, Texas 78401
Mr. W.E. Brandesky
Route 1, Box 387
Corpus Christi, Texas 78415
-
18. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED
BY THE CITY CHARTER SHALL BE PAID BY LESSEE.
WITNESS the execution hereof in duplicate originals, each of which
is to be considered as an original, this day of
19
ATTEST:
THE CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary
APPROVED AS TO LEGAL FORM THIS 753
DAY OF , 19( .
J. BRUCE AYCOCK, CITY ATTORNEY
By
Ernest Brones, Acting City Manager
(LESSOR)
James K. Lontos, P.E.2
Assistant City Manager
430; City Attorney
joffni r,cf-A-
"Lease Agreement"-Farming-
P4;e 5 ,).r. 5
W.E. Brandesky
(LESS E)
That the foregoing ordinance xs read for e first timeA.0 passed to its
second reading on this the day 196,2/ , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for
third reading on this the .0 day of
following vote:
Luther Jones
Betty N. Turner
Jack K:-66phy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
, 19
fe second time ajid passed to its
, by the
/,/
/.(
That the foregocys ordinances read for the tiArd time and passed finally
on this the
day of , 190_ , by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the..14 day
ATTEST:
Cit Secretary
APPROVED:
4r171 --DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
1:
MAY
,e
HE CI OF CORPUS CHRISTI, TEXAS
1.6824
.12.2. -
<
STATE OF TEXAS,
County of Nueces.
}ss:
. PUBLISHER'S AFFIDAVIT v. 323827 CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
BIILIE J. HFADERSON , who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
1.6.aSALE..0F...QEDIN1RGE ON BEGON.I.READINa.....
CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on ta Rth day of JANUARY 19 8, and once each
consecutive de4
one
33.62
Subscribed and sworn to before me this 26.th day of
IS WINN l°!.,. 1
Notary ub e/-(2),Tueces County, Texas
L
Times.
day thereafter for one
BILLIE J. HENDERSON
JAEARI
'41 19 8 2
ORDINANCE ON
1 ,_A CITSECOND READING -
VHORIZING THE',
MANAGER TO EXE -4
AGREE-
MENTF
ALEASE puFOR FARMING
, Rpos ES WITH W E
iBRAND FOREA E E.
Y
TERM OF FOUR y
AND TEN MONTHS AT A
SHARE RENTAL OF ONE-
FOURTH (¼) CIF ALL COT
TONAN? SEED AND ONE-
THIRD .
' (/;52 OF THC GRAIN
1 CROPS WITH A nAiNuounA
sA3N0PER
NUAL GUARANTEE OF
1 MORE R ACRE, ALL AS
IN THE
FULLY SET FORTH
mEN_ 'AELEASE AGREE.
T SUBSTANTIAL
COPY OF WHICH IS AT-
c TACHED HERETO AND
t MADE A PART HEREOF,
MARKED EXHIBIT "A''.
byWAs passed and approved
e CItY COLncil of the
oCndreocfoorpus Christi, Texas
bire00109 on the 13th
day of 1982, previ
ously app' re:evert:1'On first read.
rn9 on January i, 1981 line
fuII text 09 5400 ordinance ls
av_bilable to the public in the
Office of the City Secretary.9
-5.13111 G. Read 1
City Secretary
Corpus.ChratL
—T9.xas
14741i,}0444nr,
4
14V,
PUBLISHER'S- AFFIDAVIT v. 324943 CITY OF ,C .0 .
- STATE OF TEXAS, Ls,
County of Nueces. )
Before me, the undersigned, a Notary Public, this day personally came
BILLIE J. HENDERSON , who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZINQ
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TKI1B.$
on the.11th day of JANUAR/ 19...52., and once each day
consecutive clay
cze Times.
s_ 31.16
thereafter for .auo
N. /
Subscribed and sworn to before me this 12th, day of
LOIS WINN
s
JANUARY
41Z/2)
Notai P lic, N eces County, Texas
19 82
FrThitalq777-77537.71
- lgltMg
oA. .
, FIRST RISADING .
IAUTHORIZING THE CITY
MANAGER TO EXECUTE
A AGREEMENT FOR
FARMING PURPOSES
FOR A TERM OF FOUR
YEARS AND TEN MONTHS
WITH W E BRANDESK1
e AT A SHARE RENTAL OF
IONE•FOURTH ('A) OF ALL
COTTON AND SEED AND
IONE•THIRD (YA OF THE
ACRE, Ac AAniv
GRAIN CAR, 0, PS WITH AMINIMUM ANNUAL
GUARANTEE OF 530 PER
FULLY SET FORTH IN
THE LEASE AGREE-
:MENT, A SUBSTANTIAL
\-COPY OF WHICH -IS AT-
TACHED HERETO AND
MADE A PART HEREOF
MARKED EXHIBIT "A" '
I WAS PASSED ON FIRST ,
READING by the City Coun-
.
cil of the City of Corpus ,
Christi, Texas on the 6th day
of January 1962, The full text
of said ordinance is available
to the public in the Office of
the City Secretary.
•s•Bill G.Read
•••••• • CaisSecratar
y7W
torz! vv. --,rono.,t.
1