HomeMy WebLinkAboutC2009-487 - 12/15/2009 - ApprovedFIRST AMENDMENT
TO THE
FARM LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI,
AND
MATT DANYSH
This first amendment ("First Amendment") to an existing farm lease agreement is made
by and between the City of Corpus Christi ("City") and Matt Danysh ("Lessee"), an
individual residing in the State of Texas.
WHEREAS, aone-year lease of real property to be used for crop farming purposes,
located at the Corpus Christi International Airport ("Airport"), was entered into between
the parties and made effective April 1, 2009 (the "Lease");
WHEREAS, the original parcel of leased land consisted of approximately 567.3 acres,
excluding aten-foot (10') easement along the perimeter fences abutting the parcel;
WHEREAS, a portion of the leased land must now be used for Airport purposes,
pursuant to the existing Lease provisions, and Lessee has agreed to utilize additional
available land for crop farming; and
WHEREAS, the parties mutually desire to execute this First Amendment to formally
agree to the new Lease boundaries, to replace the previous Exhibit "A" of the Lease
with a new Exhibit "A" to be effective December 1, 2009, and extend the term of the
Lease for an additional two years and five months.
Section 1. Section 2 of the Lease is deleted in its entirety and is replaced with
language to read as follows:
"Section 2. Premises. The City leases to Lessee the land located on the
Airport property, as more particularly described in the attached Exhibit "A"
("Premises"), which exhibit is incorporated into this Lease as if fully set out
herein. The Premises consists of approximately 567.3 acres of land, ex-
cluding aten-foot (10') easement along any perimeter fence abutting the
Premises. Effective December 1, 2009, the Premises shall be decreased
and redefined to consist of approximately 555.42 acres of land, excluding
a ten-foot (10') easement along any perimeter fence abutting the
Premises. Anew Exhibit "A" depicting the modified Premises shall be
substituted for the then existing Exhibit "A," and the contents of the new
exhibit will be incorporated into the Lease by reference for all intents and
purposes. Thereafter, Lessee's redefined Premises shall constitute the
Lease "Premises" subject to all conditions and provisions stated in this
Lease."
2009-487
Ord. 028439
12/15/09
Danysh, Matt
Section 2. Effective December 1, 2009, the previous Exhibit "A" of the Lease is
replaced with a new Exhibit "A," a copy of which is attached to this First Amendment.
The new Exhibit "A" and its contents are incorporated into this First Amendment and the
existing Lease as the new Lease Premises by execution of this instrument on the
effective date stated.
Section 3. Section 3 of the Lease is deleted in its entirety and is replaced with
language to read as follows:
"Section 3. Term. Subject to the remaining terms and conditions of this
Lease, the term ("Term") of this Lease is one year, beginning April 1,
2009, ("Effective Date"), and terminating April 1, 2010 ("Termination
Date"). If authorized by the City and agreed to in writing by the parties,
the original term of this Lease may be extended for an additional two
years and five months, terminating on August 31, 2012 ("Extension
Period")."
Section 4. By execution of this First Amendment, the parties agree to formally recog-
nize and incorporate the new Lease boundaries into the existing Lease to be effective
December 1, 2009, replace the previous Exhibit "A" of the Lease with a new Exhibit "A,"
and extend the term of the Lease for an additional two years and five months.
Section 5. The parties further agree that all terms and conditions of the Lease not
changed by this First Amendment remain the same and in full force and effect.
EXEC TED IN TRIPLICATE, a ch of which is considered an original, on this the
__~~~- day of '~~~~.P~ , 2009.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
~~~
` ge R. Escobar
ity Manager
APPROVED AS TO FORM: ! , 2009
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Elizab t R. Hundley
Assist. t City Attorney
for the City Attorney
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SECRETARY
Farm Lease MDanysh 1st Amdmt Revd1 Page 2 of 3
LESSEE: Ma anysh
Date: /~ ~
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF §
This instrument was acknowledged before me on ~~ ~L~~'~~, 2009,
by Matt Danysh.
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Farm Lease MDanysh 1st Amdmt Revd1 Page 3 of 3
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