HomeMy WebLinkAbout021416 ORD - 06/23/1992AN ORDINANCE
AUTHORIZING THE RENEWAL OF A ONE YEAR FARMING LEASE
AGREEMENT, EFFECTIVE UPON EXECUTION BY THE CITY
MANAGER, WITH JULIUS ZDANSKY, JR. FOR A 20.993 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
PER ACRE, 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 the renewal
of a one year farming lease agreement, effective upon execution by the City Manager, with Julius
Zdansky, Jr. for a 20.993 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 per acre, 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."
AG5000.175.ajr
MICROFILMED
02141(3
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
rnoesnr iaxismatxr
FARMING LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT, made and entered into this O day of
6 1C'ej , 1992 by and between the CITY OF CORPUS CHRISTI, TEXAS, a
municipal corporation, hereinafter called "CITY", AND JULIUS SUNSET,
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 EDANSET, JR. the following 20.993 acres described by metes
and bounds on the attached "Exhibit A" and shown by map refefence on
attached "Exhibit B", both exhibits are made a part hereof for all
purposes ("leased premises"); 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:
(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.
"Farming Lease Agreement" {rARTZALy
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSKY'92
Page 1 of 11
Ex/. 4, I a%
(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
his own 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. 0. Box 9277
CITY HALL - 1201 Leopard Street
Rosie Villarreal, Collections Section
Corpus Christi, Texas 78469-9277
payable annually following crop harvest.
"Farming Lease Agreement" (PARTIAL)
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSKY'92
Page 2 of 11
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 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, 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 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, 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 the 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
"Farming Lease Agreement" {PARTIAL)
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSRY'92
Page 3 of 11
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.
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 leased premises and its appurtenances, and
suffer no wastes, and shall keep the said premises
in good repair at Lessee's own expense, and at the
end of the expiration of the term 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.
"Farming Lease Agreement" (PARTIAL/
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSKY'92
Page 4 of 11
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 City of Corpus Christi,
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 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
r
"Farming Lease Agreement" (PARTIAL;
20.993 acres, Bohemian Colony Lands
GEN\AGRENT<>ZDANSKY'92
Page 5 of 11
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, 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.
r
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
"Farming Lease Agreement" (PARTIAL)
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSKY'92
Page 6 of 11
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
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
Department of Engineering Services
Engineering Annex - 1317 Mestina
PROPERTY MANAGEMENT [Harry P. Maxim]
Corpus Christi, Texas 78401
-*-
Mr. Julius Edansky, 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
r
"Farming Lease Agreement" (PARTIAL;
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSRY'92
Page 7 of 11
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" (PARTIuj
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSKY'92
Page 8 of 11
WITNESSED the execution hereof in triplicate originals, each of
which is to be considered as an original, this day of
, 1992.
By:
CITY OF CORPUS CHRISTI, TEXAS
Juan Garza, City Manager
LESSOR
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS 2- DAY OF , 1992
JAMES R. BRAY, CITY ATTORNEY
By: ✓t I(xLo & cahauc
Alison Gallaway
Assistant City Attorney
READ TRIS INSTRUDMENT BEFORE SIGNING
"Farming Lease Agreement" {PARTIAL}
20.993 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSKY'92
Page 9 of 11
STATE OF TEXAS
COUNTY OF NUECES
BEING A 914,459.11 SQUARE FOOT (20.993 AC.) TRACT OF LAND OUT OF
LOT 2, SECTION 14, BOHEMIAN COLONY LANDS, A MAP OF WHICH IS
RECORDED IN VOLUME A, PAGE 48, OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS:
Beginning at a point, for the most northerly common corner of Lots
2 and 7, Section 14, of said Bohemian Colony Lands and the north
corner of this tract;
Thence, South 61° 29' 58" East, with the northeast boundary line of
said Lot 2, a distance of 647.31 feet, to a point, for the East
corner of this tract;
Thence, South 44° 55' 44" West, a distance of 854.27 feet, to a
point, for an interior corner of this tract;
Thence, South 45° 04' 16" East, a distance of 1770.22 feet, to a
point on the southwest boundary line of said Lot 2, for the South
corner of this tract;
Thence, North 61° 29' 58" West, with said southwest boundary line,
a distance of 782.95 feet, to a point, for a corner of this tract;
Thence, North 28° 30' 02" East, a distance of 115.00 feet, to a
point, for an interior corner of this tract;
Thence, North 61° 29' 58" West, a distance of 1331.93 feet, to a
point on the northwest boundary line of said Lot 2, for the West
corner of this tract;
Thence, North 29° 02' 02" East, with said northwest boundary line,
a distance of 1205.10 feet, to the PLACE OF BEGINNING and
containing 914,459.11 square feet (20.993 ac.) of land, more or
less.
"Farming Lease Agreement" («Arms
20.993 acres, Bohemian Colony Lands
CEN\AGREMT<>ZDA?.SnY' 92
Page 10 of 11
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING
SERVICES
RIGHT OF WAY/EASEMENT ACQUISITION
OWNER:
DESCRIPTION:
PROJECT:
DATE: • SCALE: 1" z 3001 BY'
"Fanning Lease Agreement"
20.993 acres
Bohemian Colony Lands
(Zdansky) (1992 )
BCL1991.20A
11—of— 11
CITY OF CORPUS CHRISTI
REPORT OF CHARGES
CHARGES : SUMMARY
FOR : DEPARTMENT
PERIOD 05/01/92 to 05/29/92
DATE: 05/29/92
PAGE: 1
s
1-6
DEPARTMENT
% OF % OF
OCCUR OCCUR CHARGES CHARGES
LEGAL 1 20.0% 72.00 17.7%
SENIOR COMMUNITY SERVICES 2 40.0% 144.23 35.5%
SENIOR EMPLOYMENET—NCOA 1 20.0% 62.00 15.2%
PARKS 1 20.0% 128.00 31.5%
PERIOD TOTAL 5 100.0% 406.23 100.0%
CITY OF CORPUS CHRISTI
REPORT OF CHARGES
CHARGES : SUMMARY
FOR : DEPARTMENT
PERIOD 05/01/92 to 05/29/92
DATE: 05/29/92
PAGE: 1
DEPARTMENT
% OF % OF
OCCUR OCCUR CHARGES CHARGES
DEVELOPMENT SERVICES 1 1.6% 26.50 .6%
ACCOUNTING 1 1.6% 26.50 .6%
COLLECTIONS 1 1.6% 26.50 .6%
SENIOR COMMUNITY SERVICES 4 6.6% 304.00 7.0%
SENIOR EMPLOYMENET-NCOA 2 3.3% 134.00 3.1%
POLICE 3 5.0% 79.50 1.8%
FIRE 17 28.3% 2,151.34 50.0%
PUBLIC EMERGENCY MED SERVICE 1 1.6% 26.50 .6%
STREET 1 1.6% 26.50 .6%
SOLID WASTE SERVICES 5 8.3% 148.23 3.4%
PARKS 3 5.0% 79.50 1.8%
RECREATION 1 1.6% 26.50 .6%
HEALTH 3 5.0% 153.70 3.5%
WOMEN,INFANTS, & CHILDREN 2 3.3% 266.00 6.1%
MUNICIPAL INFORMATION SYS 1 1.6% 26.50 .6%
WATER 5 8.3% 237.71 5.5%
GAS 4 6.6% 133.23 3.1%
WASTEWATER 5 8.3% 430.03 r9.9%
PERIOD TOTAL 60 100.0%
4,302.74 100.0%
DATE: 05/29/92
PAGE: 1
CITY OF CORPUS CHRISTI
REPORT OF CHARGES
CHARGES : SUMMARY
FOR : DEPARTMENT
PERIOD 05/01/92 to 05/29/92
DEPARTMENT
% OF % OF
OCCUR OCCUR CHARGES CHARGES
MUNICIPAL COURT 1 .8% 36.78 .2%
ACCOUNTING 1 .8% 254.48 1.3%
COLLECTIONS 1 .8% 117.30 .6%
SENIOR COMMUNITY SERVICES 1 .8% 82.74 .4%
POLICE 21 16.9% 2,850.17 15.3%
FIRE 10 8.0% 1,273.31 6.8%
PUBLIC EMERGENCY MED SERVICE 1 .8% 74.25 .4%
ENGINEERING 7., 1.6% 72.46 .3%
STREET 8 6.4% 1,959.54 10.5%
SOLID WASTE SERVICES 15 12.1% 2,359.04 12.7%
COLISEUM & EXPOSITION HALL 1 .B% 137.16 .!%
C C MUSEUM & ED PROGRAMS 1 .B% 134.60 .7%
PARKS 9 7.2% 998.30 5.3%
RECREATION 7, 1.6% 466.84 2.5%
LIBRARIES 7, 1.6% 458.19 2.4%
HEALTH 2 1.6% 166.17 .8%
WOMEN,INFANTS, & CHILDREN 1 .8% 133.00 .r%
MAINTENANCE SERVICES 2 1.6% 343.33 , 1.8%
WATER 20 16.1% 3,357.72 18.0%
GAS 1 .8% 93.34 .5%
WASTEWATER 15 12.1% 2,087.28 11.2%
UTILITIES OFFICE 6 4.8% 963.24 5.1%
AIRPORT & FAA TOWER 1 .8% 156.97 .8%
PERIOD TOTAL
124 100.0% 18,576.21 100.0%
ate foregoing ordinance was read forhie .first time and passed to its second reading on th
th I day of kJlJ - , 191/Z-- , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Luy'
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was read for the second time and passed to its third reading on
this the Ii day of I,,( � k , 19 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
uki
/k c
That the foregoing ordinance
day of S't� , 15L, by the following vote:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
as read for the third time and passed finally on this the 2.27
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
u
PASSED AND APPROVED, this the
Al VEST:
c
P
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of
_i
,1942-.
City Secretary MAY5R
THE C
APPROVED- -4 DAY OF Iuc , 14C) :
JAMES R. BRAY, JR., CITY ATTORNEY
By , teat* c G L'Jan vi,v , Assistant City Attorney
J
044
02'1411'
F CORPUS CHRISTI