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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&GT 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&GT 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&GT 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&GT 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&GT 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&GT 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&GT 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&GT GEN\AGREMT<>ZDANSKY'93.46A Page 8 of 9 RODD FIELD ROAD to ij it O I EXHIBIT A 0 0 cn0 m 0 r < n "Farming Lease Agreement" (FULLy 46.00 acres, FB&EF&GT 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 \forms\044 021787 19 C7