HomeMy WebLinkAbout021494 ORD - 10/06/1992AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE YEAR FARMING LEASE
AGREEMENT WITH JULIUS ZDANSKY, JR. FOR A 20.598 ACRE TRACT
OF LAND LOCATED AT THE NORTHEAST CORNER OF CHAPMAN
RANCH ROAD AND SARATOGA BOULEVARD AND APPROVING THE
RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE
CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED
$20/ACRE PER CROP YEAR, WHICH EVER 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 one-year
farming lease agreement with Julius Zdansky, Jr. for a 20.598 acre tract of land located at the
northeast corner of Chapman Ranch Road 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 year, whichever is greater, all as more fully set forth in the Farming Lease
Agreement, a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A."
AG5000.211.ajr
021494
7
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CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PROPERTY MANAGEMENT
FARMING LEASE ALIT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT, made and entered into this /9'X day of
, 1992 by and between the CITY OF CORPUS CHRISTI, TEXAS, a
corporation, hereinafter called "CITY", AND JULIUS ZDANEET,
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 20.598 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 ("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 75.2 acres
at this location. The City's cash rent
will be based on the proceeds for 20.598
acres. These proceeds will be calculated
as follows:
The percentage which the 20.598 acres bears to
the total acreage cultivated times the total
proceeds.
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSRY, JR.'92.20A
Page 1 of 11
Ex/;/,/
1
(b) The consideration for this lease, to be
paid by Lessee, is: (1) 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 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;
or, (2) Lessee agrees to pay therefor as
rental a yearly cash guarantee of $20.00
per acre, whichever is greater.
(c) Said rent shall be delivered or mailed
to:
City of Corpus Christi
P. 0. Box 9277
CITY HALL - 1201 Leopard Street
Eugene R. Nagowski, Collections Section
Corpus Christi, Texas 78469-9277
payable annually following crop harvest.
2. It is understood and agreed that the Premises are
to be used for agricultural purposes only. Said
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSRY, JR.'92.20A
Page 2 of 11
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 Premises or any portion
thereof without the prior written consent of the
City Manager or his designee.
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 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 Premises at
anytime during the term of this lease. Should the
Premises 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 Premises or
portion thereof so vacated the following amounts,
to -wit:
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSRY, JR.'92.20A
Page 3 of 11
IT
If the Premises have 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 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 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 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
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSKY, JR.'92.2OA
Page 4 of 11
r n
operation of the Premises.
11. The Lessee shall not permit malt, vinous or
alcoholic beverages on the Premises.
12. The Lessee shall promptly execute and fulfill all
the ordinances of the City of Corpus Christi
applicable to said 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 Premises and relet the same for the remainder
of the term of this lease at the best rent they may
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSRY, JR.'92.20A
Page 5 of 11
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.
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 farming
activities conducted pursuant to 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 all charges of attorneys and all other costs
and expenses of any kind arising from any such
liability, damage, loss, claims, demands and
actions.
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSRY, JR.'92.20A
Page 6 of 11
^n
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
CITY HALL - 1317 Mestina Street
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
[Harry P. Maxim]
Corpus Christi, Texas 78469-9277
-*-
Nr. Julius ldansky, Jr.
RT. 3, Box 372
Corpus Christi, Texas 78815
18. This lease is made and accepted subject to all ad
valorem taxes that may be levied and assessed on
the Premises during the term of this lease, the
payment of which is hereby assumed by Lessee.
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSKY, JR.'92.20A
Page 7 of 11
R. V
19. By Lessee's execution thereof, Lessee acknowledges
that Lessee has read this agreement 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"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSKY, JR.'92.20A
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 024 DAY OFA /q(,(. , 1992
JAMES R. BRAY, CITY ATTORNEY
By: l-/1 Q.QQ.UJ
Alison Gallaway
Assistant City Attorney
READ THIS INSTRUMENT BEFORE SIGNING
"Farming Lease Agreement"
20.598 acres, Bohemian Colony Lands
GEN\AGREMT - ZDANSKY, JR.'92.20A
Page 9 of 11
Description for a 20.598 acre tract of land out of Lot 5, Section 8, Bohemian
Colony Lands, as shown by map of record in Volume A, Page 48, Map Records,
Nueces County, Texas, said 20.598 acre tract of land being more particularly
described by metes and bounds as follows:
Beginning at a point in the southeast right-of-way of Ayers Street (State
Highway 286) at its intersection with the northeast boundary line of said Lot
5, from whence the most northerly corner of said Lot 5, bears North 61
degrees, 30 minutes 28 seconds West, 50.0 feet for the most northerly and
beginning corner of the tract herein described;
Thence South 61 degrees 30 minutes 28 seconds East, with the northeast line of
said Lot 5, a distance of 727.38 feet to a point for the most easterly corner
of the tract herein described;
Thence South 28 degrees 46 minutes 02 seconds West, a distance of 1,260.78
feet to a point in the northeast right-of-way line of Saratoga Boulevard for
the most southerly corner of the tract herein described;
Thence North 61 degrees 32 minutes 59 seconds West, with the north
right-of-way line of said Saratoga Boulevard, a distance of 602.03 feet to a
concrete monument in the northeast right-of-way flare -out at Ayers Street for
a corner of the tract herein described;
Thence North
right-of-way
the southeast
herein descri
Thence North
right-of-way
iron rod for
Thence North
right-of-way
for a corner
00 degrees 25 minutes 35 seconds East, with the said northeast
flare -out, a distance of 227.25 feet to a concrete monument in
right-of-way line of said Ayers Street for a corner of the tract
bed;
28 degrees 58 minutes 01 second East, with the southeast
line of said Ayers Street, a distance of 220.00 feet to a 5/8"
a corner of the tract herein described;
23 degrees 33 minutes 42 seconds East, with the southeast
line of said Ayers Street, a distance of 201.02 feet to a point
of the tract herein described;
Thence North 28
right-of-way line
of beginning.
Containing 20.598
degrees 46 minutes 02 seconds East, with the southeast
of said Ayers Street, a distance of 640.42 feet to the point
acres of land, more or less.
"EXHIBIT A"
"Farming Lease Agreement" (PARTIAL)
20.598 acres, Bohemian Colony Lands
GEN\AGREMTo ZDANSKY, •JR.' 92.20A
Page 10 of 11
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EXHIBIT B
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OUT OF LOr4 SEC 80
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/C Prence: Yo/ume ,9 Parci
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"Farming Lease Agreement" (PARTIAL)
20.598 acres, Bohemian Colony Lands
GEN\AGREMT<>ZDANSKY, "%JR. ' 92.20A
Page 11 of 11
1
That the foregoing dinance read for the first time and passed to its second reading or *his
the J f day of ,4,t J; , 19 (71_ , by the following vote:
Mary Rhodes / }1 ! < (
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the foregoing or
this the 2 day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
,
%pa,y,
%/
(L
ce, was ,read for t second time and passed to its third reading on
!'_9:1M1'-LCl 1 )_ , by the following vote:
That the forePoin or
�(, 19 112_ , by the following vote:
day of (t2i
cam- '
1
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
ce was read for the third time and passed
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
PASSED AND APPROVED, this the
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
// Mary Pat Slavlk
lv day of
!°G
finally on this the
eAr We. -
MAYOR
ftp
THE CITY OF CORPUS CHRISTI
APPROVED: 6) DAY OF o.k/56-h x &D/ , 19`,a:
JAMESS R. BRAY, JR., CITY ATTORNEY
$Y +LVrth'�. 4 re C G' n a)3( , Assistant City Attorney
021494
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD#62508
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf who being first duly sworn, according to
law, says that she is Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021494 FOR THE IMPROVEMENT
OF GOLF AND RELATED FACILILTIES which the annexed is a true copy,
was published in the Corpus Christi Caller -Times on the 10th,
llth day of October, 1992.
One Time(s)
$100.05
11
Business Offi e Secret ry
Subscribed and sworn to before me this 22nd day
of Octo , 1992.
Nota r(v Pub
s--
c, Nueces County,
• NOTICE
s ORDIN 0 494
e- FOR GOLFT- - ATE NT OF
•10
TIES 111 FOR Z`3.6AUS
De
CHRISTI Y AUTHORIZING
THE EXECUTION OF A REAL
if
ESTATE SALES CONTRACT
is WITH GARNETT BROOKS;
x- AUTHORIZING THE ACCEP-
TANCE OF A WARRANTY
i1 DEED AND DRAINAGE EASE-
MENT FROM GARNETT
it BROOKS; AUTHORIZING THE
EXECUTION OF -A THIRTY •
-
- YEAR LEASE OF A PUBLIC
GOLF COURSE BETWEEN •
PHOENIX GROUP HOLDINGS,
r INC. AND THE CITY OF COR- ;
PUS CHRISTI, TEXAS;
DISANNEXING APPROXI-
MATELY 36.77 ACRES;
AUTHORIZING A TOURIST I
INDUSTRIAL DISTRICT
AGREEMENT WITH GAR -
NETT BROOKS; AUTHOR-
IZING EXECUTION OF A '
TEN-YEAR MANAGEMENT j
AGREEMENT FOR TWO MU-
NICIPAL GOLF COURSES
BETWEEN PHOENIX GROUP •
HOLDINGS, INC. AND THE
. CITY OF CORPUS CHRISTI,
TEXAS; AUTHORIZING A FEE
SCHEDULE FOR THREE GOLF -
C IRSES; AND PROVIDING t
FOP PUBLICATION. SA
e LEASE BETWEEN PH ENI (
,f GROUP AND THE CITU IS
n FOR A THIRTY YEAR TERM
WITH TWO TEN. YEAR OP -
COURSE ANO RELATED
PROVEMENTS FINANCED
PHOENIX, 3% OF GROSS REQ
CEIPTS IN YEARS 6.26, 88t
OF GROSS RECEIPTS TIERS;.
AFTER, AND PHOE
OBLIGATION TO OPER
THE PREMISES AS A GO
COURSE UNDER SPECIFIED. ,
CONDITIONS.
A copy of the document);
are on S. inthe Cny 7-.
Secretary's office.
The ordinance was passed
and approved on third reading
by Ow City Council of the City;
of Corpus Christi, Texas on
the 6th day of October, 1992.
/s/ Armando Caty
hips
-.. F, yof Corfu* C