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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