HomeMy WebLinkAbout021125 ORD - 04/02/1991AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR
FARMING LEASE WITH JULIUS ZDANSKY, JR. FOR A 20.933 ACRE
TRACT OF LAND LOCATED OFF CHAPMAN RANCH ROAD, 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 is hereby authorized to execute a
farming lease agreement with Julius Zdansky, Jr. for a 20.933 acre tract of land located off
Chapman Ranch Road, 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, all as more fully set forth in the farming lease agreement, a substantial copy of
which is attached hereto as Exhibit A. Said farming lease shall be effective upon execution
by the City Manager.
ATTEST:
abte.—C der
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED:
1 i DAY OF ryC& 19 cif
JAMES R. BRAY JR., INTERIM CITY ATTORNEY
By l' LtsatYt)4Gt1(7.W4L---
Assistant City Attorney
ORD4: 91052
021125
City of
Corpus
Christi
Engineering Services
Property and Land Acquisition Division
THE STATE OF TEXAS
COUNTY OF NUECES
FARMING LEASE AGREEMENT
[]
1]
22nd
THIS AGREEMENT, made and entered into this day of
February , 1991 by and between the CITY OF CORPUS CHRISTI,
TEXAS, a municipal corporation, hereinafter called "CITY", AND
JULIUS ZDANSKY, JR. of Nueces County, Texas, hereinafter called
"LESSEE".
W ITNESSET H:
The CITY OF CORPUS CHRISTI does by these presents lease unto
the said JULIUS ZDANSKY, JR. the following 20.993 acres described
by metes and bounds on the attached "Exhibit A" and shown by map
reference on attached "Exhibit B"; 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 the following rental and cash
bonus as follows:
(a) Lessee is farming a total of 70.239 acres at
this location. The City's cash rent will be based on the
proceeds for 20.993 acres. These proceeds will be
calculated on this basis.
The percentage which the 20.993 acres bears to
the total acreage cultivated times the total 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
"Farming Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991.20A
Page 1 of 10
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
portion thereof without the prior written consent of the
"Farming Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL/991.20A
Page 2 of 10
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 leased 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 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"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991.20A
Page 3 of 10
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 leased premises.
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 expiration of this
lease, shall deliver up the leased premises in as good
order and condition as same are now in, natural wear and
tear and damage from the elements only excepted.
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"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991.20A
Page 4 of 10
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 leased 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,
"Farming Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991.20A
Page 5 of 10
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 [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
"Farming Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991.20.A
Page 6 of 10
to the other in regard to this agreement 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 AND LAND ACQUISITION DIVISION
THIRD FLOOR [Sonny Garza]
Corpus Christi, Texas 78469-9277
Mr. Julius Zdansky, Jr.
Rt. 3, Box 372
Corpus Christi, Texas 78415
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"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991_201
Page 7 of 10
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 0:1.42DAY OF , 1991
By: A (.,ae-& }aana. nz..4,
Alison/Gallaway
Assistant City Attorney
READ THIS INSTRUMENT BEFORE SIGNING
914l'ia-gG/"a/i1 l •
u§ Zdan 2 , `r'
LESS
"Farming Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991.20A
Page 8 of 10
STATE OF TEXAS
COUNTY OF NLJECES
IBEING A 914,459.11 SOUARE FOOT ( TRACT
L.FIIVD OUT OF LU. 2, SECTION 14, eBOHF:MIAN COLONY L_AND;, ('
MAP OF WHICH IS RECORDED IN VOLUME Ft, PAGE 48, OF THE MPF'
RECORDS OF NL.JECF:S COUNTY, TEXAS;;
Beginning at a point, for the most northerly common
corner of Lots 2 and
nr' Section 14,
of said Bohemian
Colony Lands and the north corner o+ this
tract;
Thence, South 61' 29' 58" East, with the northeast
boundary line o+ sai.i.1 Lot 2, a distance of 647.,3:1 feet„
t.0 a point, for' the F�:il ei {. corner of this ': 1'act;
Thence, South 44° 14 West, a distance 851 Y.•
feet., to a point, +or' an interior corner of this t.ractl;
Thence, ot..th 45" 6"..2
S iiia' 7. East, a di3t:.._itni::e=r of 1i':i.)":�:'
point o', the southwest boL.uu!,,r ,- ne or `said+tet, toy f. ..i
Lot 2, for the South corner of this i:ra,at_t-,
Thence, North ;l° 29' 5a" West, w
,tF,a
icsouthwest
boundary 11l=„ a distance of 7E2.95 feet,
to a point, +or
a corner of this tract„
Thence, No:)r..th 28"
feet:, to a point, tt_
East, a .11-:i:anc:i
anl l'l+: ti4"J. i:i:" corner rif' t:!
115.00
act;
I hie nc:e, Narthi 61" 29 5E" Jt- {:., a d t ;t.a ii::c
feet, to apoint oi { - 2 ,o"L: bound 1,1 ( said
Lot ✓, 'For the West corner cr+ tracto
Thence, North 2`1"
boundary. line„ a d ii
OF E:BINNING and contalnin
(21)..[993o
- <a i , i. .-' iiior"e• r.
63 C ., 1 t:i. .,
Ea s1: , witn wit:said northwest
hwE: st.:
.10 feet, to the it[
914,419.11 square feet
"Farming Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
BCL1991.20A
Page 9 of 10
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING
SERVICES
RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER:
DESCRIPTION:
PROJECT:
DATE: SCALE: I" = 300'
"Farming Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1991)
8Y—x'70 1-f 19
0 BCL1991.20x
-hat the f rqegoing ordinance w s read for the first time and passed to its second reading on thi,
day of l ik h C )l , 19 9 / , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the second time and passed to its third reading on this the
j(C) day of 1(4/10 i\ , 19 c7 1 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Th.t
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
the foregoing ordinance was read for the third time and passed finally
, 19 1 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
PASSED AND APPROVED, this the
A F1EST:
City ecretary
,
on this the P--' day of
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
day of � L^}� t , 19'2 ,(
THE CITY OF CORPUS CHRISTI
APPROVED:
10 DAY OF rb, 19 9/ .
JAMES R. BRAY, INTERIM CITY ATTORNEY
By rC c2afUJrz�D
Assistant City Attorney
021125