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AMENDMENT TO THE LEASE AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND MATT DANYSH
WHEREAS, the City of Corpus Christi ( "City ") owns the Corpus Christi International Airport
( "Airport'), located in Corpus Christi, Nueces County, Texas;
WHEREAS, by Ordinance No. 028104, Matt Danysh entered into a one year lease for certain
parcel of land at the Airport for crop farming purposes, ( "Danysh Lease ");
WHEREAS, term was extended to August 31, 2012 in Ordinance No. 028439;
WHEREAS, Ordinance No. 028439 modified leased premises area to be 555.42 acres of land;
WHEREAS, Lessee has requested City Council approval to receive assignment of and assume
Farm Lease held by Pat McDonough, Jr. ( "McDonough Lease "), regarding use of additional
acreages of land at the Airport for crop farming purposes,
WHEREAS, upon the effective date of this Amendment, the McDonough Lease shall be
assigned and assumed into the Danysh Lease;
WHEREAS, upon the effective date of this Amendment, the total acreage of Airport land under
lease to Matt Danysh shall be approximately 876 acres;
WHEREAS, the parties desire to execute this Second Amendment to the Danysh Lease
regarding types of crops to be used, and adjust payments for use of said Leased Premises by
Matt Danysh;
NOW THEREFORE, the City of Corpus Christi acting through its duly authorized City Manager,
and Matt Danysh hereby agree as follows:
Section 1. Section 4A of each Lease is deleted and replaced with the following language:
"Section 4. Lease Payments.
"A. Calculation. Beginning with the payments due in City Fiscal Year 2010-
2011 (which Fiscal Year runs August 1 through July 31), Lessee shall
issue two separate payments each year for the Leased Premises, as
follows:
1) By each August 31 of each year of this Lease, Lessee agrees to pay
the City 25% of gross receipts on the harvested canola and guar
crops from the Leased Premises received in the prior twelve -month
period. Lessee shall provide Airport Director with documentation
reasonably necessary to verify gross receipts.
2) By each May 15 of each year of this Lease, Lessee agrees to pay the
City Twenty -seven dollars fifty cents ($27.50) per each acre of the
Leased Premises."
Section 2. Section 6 of each Lease is deleted and replaced with the following language:
"Section 6. Use of Premises. Lessee must use the Leased Premises for the purpose
of farming canola or guar crops for no other purpose without City Manager express written
r+nneonf W^IA,e.rer I ��see is prohibited from cultivating and harvesting grain crops and other
2011 -053
Ord. 028977
03/ 08/ 11, L5 1 \TempvPgrpwise\Lease 2Amendment - Matt Danysh Farm.DOCX
Danysh, Matt I INDEXED
Page 2 of 2
wildlife attractant plants. Lessee may not construct any improvements on the Leased Premises.
Lessee may not use the Leased Premises for storage of equipment or supplies."
Section 3. By execution of this Second Amendment, the parties agree to formally recognize
and incorporate the new lease payments and crop farming provisions into the existing Lease to
be effective upon City Council approval of the Assignment and Assumption Agreement between
the City, Pat McDonough, Jr. and Matt Danysh.
Section 4. The parties further agree that all terms and conditions of the Danysh Lease, as
amended by the First Amendment, and the McDonough Lease, not changed by this
Amendment, remain the same and in full force and effect.
Section 5. The parties further agree that this Amendment is effective upon City Council
approval of the Assignment and Assumption Agreement between the City, Pat McDonough, Jr.
and Matt Danysh.
EXEC TED IN DUPLICATE, each of which is considered an original, on this the U r day of
, 2011.
ATTEST:
Armando Chapa
City Secretary Sr► {Truk
CITY OF CORPUS CHRISTI
- !Angel R. r-aeabo MMAr9i e - C. Rose.
City Manager
APPROVED AS TO FORM: .- a2_ , 2011
,�vYr
Lisa Aguilar /A sistant City Attorney
For the CitykAftorney
RY MUNCIL
LESSEE:
By:
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY Oy � §
/l
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on 9 Z I NW014 , 2011, by Matt
Danysh.
YVETT E P. CAVAZOS
we
N t ry Public, State of as ;Vii 1q+ FEBRUARY 5
'' FEBRUAR 201 5
HALEG- DIRUsa12011 Airport\Lease- Mmendment -Matt Danysh Farm.docx