HomeMy WebLinkAbout021787 ORD - 10/19/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A ONE YEAR FARMING LEASE AGREEMENT WITH
JULIUS ZDANSKY JR. FOR A 46 ACRE TRACT OF LAND FROM THE
SOUTHSIDE SEWER TREATMENT PLANT SITE LOCATED OFF OF
YORKTOWN BOULEVARD; AND APPROVING A RENTAL FEE OF
EITHER A DESIGNATED DOLLAR PORTION OF THE CROP
HARVESTED FROM THE ACREAGE OR A GUARANTEED $20 PER
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 or his designee is hereby authorized to
execute a one year farming lease agreement, with Julius Zdansky Jr. for a 46 acre tract of land
from the Southside Sewer Treatment Plant site located off of Yorktown Boulevard and approving
a rental fee of either a designated dollar portion of the crop harvested from the acreage or a
guaranteed $20 per acre per crop year, 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."
AG5000.416.ajr
021787
c.
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
suras MD PROMS? _____
�AR1tING LEASE AGREEMENT
THE STATE OF TEXAS []
COUNTY OF NUECES []
THIS AGREEMENT, made and entered into this day of
, 1993 by and between the CITY OF CORPUS CHRISTI,
TEXAS, a municipal corporation, hereinafter called "CITY", AND
JULIUS H ANSEL JR. of Nueces County, Texas, hereinafter called
"LESSEE".
W I T N E S S E T H:
The CITY IF COr/US CHRISTI does by these presents lease unto
the said Julius :dansky, Jr. 46.00 acres out of Lots 12, 13,
Section 34 and Lots 3, 4, Section 35, Flour Bluff and Eacinal Fara
and Garden Tracts as shown by sap reference on attached "Exhibit A"
and 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) The consideration for this lease, to be paid by
Lessee, is one-fourth (1/4) of all cotton and seed raised
on the Premises, 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
"Farming Lease Agreement" (FULL)
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 1 of 9
(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
the 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 the
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.
(b) Or, 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 Corpv Christi
P. 0. Ecx 9277
CITY HALL - 1Tht Leoparl Street
BesSL . 7elasrd
Collections Sec:ion
Corpus Christi, Te. .i4 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 Premises
are not to be used for any purpose than these herein
specified without the prior written consent of the City
Manager or his designee "City Manager".
3. Lessee agrees not to sublet the 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
"Farming Lease Agreement" {Fara)
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 2 of 9
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 tIJ same
subject to this Lease and demands immediat- .session,
then the Lessee agrees to vacate and give posse3sior at
any time within fifteen (15) days after receipt of •zcice
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:
If the Premises 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 Premises covered by this
Lease, or if no unsold Premises 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.
"Farming Lease Agreement" (FULL)
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 3 of 9
7. Lessee will pay for any and all damages to any
utility lines or equipment located on the 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. Lessee will pay for all utilities used at the
Premises.
9. Lessee will take good care of the Premises and its
appurtenances, and suffer no wastes, and shall keep the
Premises in good repair at Lessee's own expense, and at
the expiration of this Lease, shall deliver up the
Premir:s in as good order and condition as same are now
in natural wear and tear and damage from the elements
excepted.
10. Lessee shall not use the Premises for any illegal or
immoral purposes and shall conform to all the laws of the
State of Texas and the United States, and all rules set
out by the City Manager of the City of Corpus Christi,
Texas, for the 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 the 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 Premises during
"Farming Lease Agreement" (FULL;
46.00 acres, FB&EF>
GEN\AGRENT<>ZDANSKY'93.46A
Page 4 of 9
the term of this Lease at Lessee's own expense.
13. The City reserves the right to enter the Premises at
any time during this Lease for the purpose of inspecting
the same in order to determine whether the terms of the
Lease are being observed and carried out.
14. If there is any default in any of the covenants and
conditions of this Lease, the City may enforce the
performance thereof in any manner provided by law; and
City 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 hr:ach of covenant, or the City,
its attorneys or e , may resume possession of the
Premises and relet the some fr. the remainder of the term
of this Lease at the best _nt 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 the
Premises or which may be placed on the 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 "Indemnitees" against any and all
liability, damage, loss, claims, demands, and actions of
"Farming Lease Agreement" (FULL)
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 5 of 9
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 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.
16. The City shall have the right at any art all times
of ingress, egress and regress on and the Premises
for the purpose of conducting and carr,Ting Jr' any
business incident to other activities of the '!ty.
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
1317 Mestina
Department of Engineering Services
PAVING AND PROPERTY MANAGEMENT
Harry P. Maxim
Corpus Christi, Texas 78469-9277
"Farming Lease Agreement" (FULL)
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 6 of 9
-*-
Mr. Julius idaasky, 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
Premises during this Lease, the payment of which is
hereby assumed by Lessee.
19. By Lessee's execution thereof, Lessee acknowledges
that Lessee has read this Lease 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" (FULL)
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 7 of 9
WITNESSED the execution hereof in triplicate originals, each
of which is to be considered as an original, this day of
, 1993.
By:
CITY OF CORPUS CHRISTI, TEXAS
Juan Garza, City Manager
LESSOR
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEC_'- _`.•M THIS
By:
DAY OF , 1993.
JAMES R. hrlAY, CITY ATTORNEY
Alison Gallaway
Assistant City Attorney
READ TRIS INSTRUMENT SWORN SIGNING
"Farming Lease Agreement" (nu,/
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 8 of 9
RODD FIELD ROAD
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EXHIBIT A
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"Farming Lease Agreement" (FULLy
46.00 acres, FB&EF>
GEN\AGREMT<>ZDANSKY'93.46A
Page 9 of 9
That the foregoing ordinance was read for the firs time and passed
to its second reading on this the 12 day of V(" : i2.; r ,
19 43 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola (114_
Clif Moss �—
That the foregoing ordinance was read for the second time and
pass finally on this the (C1 day of (; (kt r ,
19 4 , by the following vote:
Mary Rhodes LL}L Edward A. Martin apw
Dr. Jack Best ___4____Dr. David McNichols lsUTL.—
Melody Cooper David Noyola O DLt
Cezar Galindo Clif Moss ___Ci LW
Betty Jean Longoria QAy_
19 g� AND APPROVED, this the 191 day of des,OLt.r- ,
y Secretary
APPROVED: yr DAY OF
L -v
MAYOR
THE CI CORPUS CHRISTI
JAMES R. BRAY, JR., CITY ATTORNEY
By ---0
a P,12 a it'ar
Assistant ty Attorney
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021787
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