HomeMy WebLinkAbout15169 ORD - 10/17/1979AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO LEASE A 117 -ACRE
TRACT OF LAND IDENTIFIED AS TRACT "1" AT THE
INTERNATIONAL AIRPORT TO MR. JOSEPH KOCUREK FOR
A TERM OF THREE (3) YEARS AT A SHARE RENTAL OF ONE-
FOURTH (1/4) DF ALL COTTON AND SEED AND ONE-THIRD
(1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL
GUARANTEE OF $20.00 PER ACRE, ALL AS,MORE FULLY
SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED
HERETO AND MADE A PART HEREOF FOR ALL PERTINENT
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be, and he is hereby authorized
and directed to lease a 117 -acre tract of land identified as Tract "1" at
the International Airport to Mr. Joseph Kocurek for a term of three (3)
years at a share rental of one-fourth (1/4) of all cotton and seed and one-
third (1/3) of the grain crops with a minimum annual guarantee of $20.00
per acre, all as more fully set forth in the lease agreement, a substantial
copy of; which, marked Exhibit "A", is attached hereto and made a part
hereof for all pertinent purposes.
1_5169
. r.
194.
p�G�B1980
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT, made and entered into this the day of
, 1979, by and between the City of Corpus Christi,
Texas, a municipal 'corporation, hereinafter called "City", and Mr. Joseph
Kocurek, of•Nueces County, Texas, hereinafter called Lessee,
WITNESSETH:
The City of Corpus Christi does by these presents lease and demise
unto the said Joseph Kocurek the following described premises, to -wit:
That certain parcel of land on the Airport, shown on
the plan or sketch attached hereto, marked Exhibit
"A" and hereby made a part hereof, the said parcel
being more particularly described as Agricultural
Tract "1" containing 117 acres more or less subject
to measurement,
for a term of three (3) years beginning August 16, 1979, and ending August
15, 1982, 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 of all cotton and seed raised on
said land, of which Lesseeagreesto pay three-fourths
of the ginning charges on all cotton ginned and City
agrees to pay one-fourth 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 him, the rent will be one-third of the proceeds
of such sale instead of one-fourth.
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 he 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 City shall pay $4.00 per acre
per year for hauling expense and combining all grain
crops. 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 paid to the Airport Manager
acting as City's agent for the collection of rentals
payable annually following crop harvest.
2. It is understood and agreed that the leased premises are to be
used for agricultural purposes only. That said premises are not to be used
for any other purpose than these herein specified unless consented to by
the City in writing.
3. Lessee agrees not to sublet the leased premises or any portion
thereof without the consent of the City in writing,
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 hereby leased, 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 contract, 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 or
lease for a use different from the present use, all or any part of the herein
leased land at any time during the term of this lease. Should the property
be sold 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,
-2-
then the City shall pay Lessee for the land or portion thereof so vacated
the following amounts, to -wit:
If the land 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 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 tenant's
share of the crop under this lease, less harvesting costs,
7. This Lessee agrees that he will pay for any and all damages
to any utility lines or equipment located on said land which may be incurred
by his farming or agricultural operations or to replace all such lines
injured or destroyed as a result of his agricultural operations.
8. The Lessee agrees to pay for all utilities used at the premises
being leased by him.
9. The Lessee agrees that he will take good care of the property
and its appurtenances, and suffer no wastes, and shall keep the said premises
in good repair at his own expense, and at the end of the expiration of the
term of this lease, shall deliver up the demised 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 operation of the leased premises.
11. The Lessee shall not permit malt, vinous or alcoholic beverages
on the demised premises.
12. The Lessee shall promptly execute and fulfill all the ordi-
nances of the City of Corpus Christi applicable to said premises, and all
orders and requirements imposed by the Health, Sanitation and Police Depart-
ments of the City, for the correction, prevention and abatement of nuisances
in, upon, or connected with said premises during the term of this lease at
his own expense.
-3-
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 per-
formance 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 reenter 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 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. Lessee agrees to save and keep harmless the City of Corpus
Christi, Texas (Lessor), from any and all claims or damages of any nature
whatsoever due to any negligence of Lessee or their employees in the opera-
tion of the leased premises.
16. The City shall hdve 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:
Airport Manager Mr. Joseph Kocurek
International Airport Rt. 4
Rt, 2, Box 902 Robstown, Texas 78380
Corpus Christi, TX 78410
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WITNESS the execution hereof in duplicate originals, each of which
is to be considered as an original, this the day of
1979.
THE CITY OF CORPUS CHRISTI, TEXAS
By
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
City Attorney
Assistant Director of Finance
City Manager LESSOR
JOSEPH KOCUREK
LESSEE
LESSEE
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(42.1
That the foregoing ordinance was read
second reading on this the /a_ day
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
fir t time and passed to its
19/1 , by the
That the foregoing ordinance was read for fie sec nd time and passed to its
third reading on this the /q day o , 19%9 , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the fore oing ordina
on this the /7 day of
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the /7 day of 191P
d for the third time and passed finally
, 19 , by the following vote:
ATTEST:
City'Secretary MAYOR
THE C TY OF CORPUS CHRISTI, TEXAS
J. BRUCE AYCOCI, CITY ATTORNEY
15163
PUBLISHER'S --AFFIDAVIT
STATE OF TEXAS, L.
County of Nueces. 1
Before me, the undersigned. a Notary Public, this day per§onally came
Elma Rodela who being first duly sworn, according to Iaw, says that he is the
Accounting Clerk of the Corpus Christi Caller and The torous Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of
r, Public Notice Notive is hereby given that the City Council of the City of Corpus Christi...:
of which the annexed is a true copy, wes published in
on the. 26-._ day of..S€xtenther 11L7.9.., and once each Xh'i ^i iw= C
Corpus Christi Caller -Times
consecutive
1...._ Times.
Elma Rodela Y VC)111l4L
Accounting Clerk
Subscribed and sworn to before me this ZSth__._day of ,4eptember
19 79
Lois Winn (t "44-14„.1
Notary Public, Nueces County. Texas
PUBLIC NOTICE '
3- Notice is hereby given that
,me City Council of the City of
Corpus has, on the 191h
Eat of September, 1979. approv
on second
evlously approved ori,,first
reading on the 12th day of Eat, -
timber, 1979, en ordinance au-
thoriang..the City -Manager to
a 177 -acre tract of land
identified as Tract "1" at the In-
ternational Airport to Mr, Jo -
septi { Kocureh for a term of
three (3) years at a share rental
of one-fourth (/a) of, all cotton •'„ r, "
and seed and one-third Ph) of
the gram crops with a min-
imum annual guarantee of
+ S20g0Iper acre. The full text of
said ordinance Iv available to
the. public in the Office of the
City Secretary.
WITNESS my hand this 20th
day of4September, 1979.
-s-Bill G. Read,
City Secretary
Corpus Christi,
Texas
•
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came
Elma Rodela , who being first duly sworn, ac riling to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County anti State, and that the publication of
PUBLIC NOTICE Notice is herein/ liven that the City Council olf the City of Corpus_ Christi....
of which the annexed is a true copy, was published in
Corpus Chr
sti Caller -Times
the.12.-- day of $eptenlber 19 79, and once eaci'
Consecutive
1 Times.
81819
Elma Rodela
Xliarar7xc:MiS.
Accounting Clerk
Subscribed and sworn to before me this 21at....day of -S. PlAx der
Lois Winn
19..7.3_...._
Notary'Pdblic, Nueces County. Texas