HomeMy WebLinkAbout16141 ORD - 04/01/1981JKH:lsp:3/16/81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A FARM
LEASE AGREEMENT WITH MILTON J. VAVRICEK FOR A
TERM OF FOUR AND ONE-HALF YEARS FOR THE RENTAL
OF A TRACT OF LAND OUT OF LOT 3, SECTION 14,
BOHEMIAN COLONY LANDS, BEING A 68 -ACRE TRACT,
MORE OR LESS, OUT OF THE ELLIOTT SANITARY LAND-
FILL, ALL AS MORE FULLY DESCRIBED IN THE LEASE
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a lease
agreement for farming purposes with Milton J. Vavricek for a term of four
and one-half 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 $30 per acre, all as more fully set forth in the lease agreement, a sub-
stantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A".
1614i
WED
.SEP 2 71984
LEASE AGREEMENT
(Farming)
THE STATE OF TEXAS I
COUNTY OF NUECES
o "EXHIBIT A"
THIS AGREEMENT, made and entered into this the day of
March
, 19 81, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City", and
Milton J. Vavricek,
of Nueces County, Texas, hereinafter called "Lessee".
W ITNESSET H:
The City of Corpus Christi does by these presents lease and demise
unto the said Milton J. Vavricek,
the following described premises, to -wit:
A tract of land out of Lot 3, Section 14, Bohemian
Colony Lands, being a 68 acre tract (more or less)
out of the Elliott Sanitary Landfill, which leased
tract fronts on Chapman Ranch Road, and is de-
signated on the map attached hereto, marked Exhibit
"A", which is made a part hereof;
for a term of four and one-half (4.5) years beginning
March 1 , 19 81 and ending August 31 ,
19 85, subject to the following consideration, covenants and conditions,
to -wit:
1. The Lessee is to pay therfor 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 (k) of all cotton and seed raised on said
land, of which Lessee agrees to pay three-fourths (3/4)
of the ginning charges on all cotton ginned and City a-
grees to pay one-fourth (k) 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 (1/3) of the pro-
ceeds of such sale instead of one-fourth ('y).
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
� Xi'
feed, and should Lessee plant any part of said leased pre-
mises in Sudan, Rhodes Crass or any other feed and retain
the same for home use he shall pay money rent therfor 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 one-third (1/3) of the hauling ex-
pense 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:
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 $ 30.00 per acre, whichever is greater.
(c) Said rent shall be delivered or mailed to Property and
Land Acquisition, 1801 N. Chaparral, Corpus Christi,
Texas, 78401, 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 speci-
fied 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 ac-
curate book of accounts regarding all business matters per-
taining to the above described cultivation of the premises
hereby leased, and that such books shall be open to inspec-
tion 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, 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, they on similar land in the immediate vicin-
ity. 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 re-
place 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 pre-
,
mises 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 ele-
ments 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- .
Dances of the City of Corpus Christi applicable to said pre-
mises, and all orders and requirements imposed by the Health,
Sanitation and Police Depa tments of the City, for the cor-
rection, prevention and aba ment of=nuisances.in, upon, or
connected with said premises ing the term of --this lease at
his own expense.
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 performance thereof in any modes or manner pro-
vided by law; and may declare the lease forfeited at its dis-
cretion 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 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 havea
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 an said premises by the Lessee, which
lien shall be cumulative of the statutory lien created by
law and in addition thereto.
I5_ 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 operation of the leased premises.
16. The City shall have 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:
City of Corpus Christi
Property and Land Acquisition
1801 N_ Chaparral
Corpus Christi, Texas 78401
Mr. Milton J. Vavricek
Rt. 1, Box 397
Corpus Christi, Texas 78415
WITNESS the execution hereof in duplicate originals, each of which
- is, to be considered as an original, this the day of
19 81
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary
APPROVED AS TO LEGAL FORM THIS
—
4 DAY OF ( a,ter4it, , 19P.
J. BRUCE AYCOCK, CITY ATTORNEY
By
y Attorney
-5-
R_ Marvin Townsend, City Manager
(LESSOR)
DEPARTMENT OF INSPECTIONS AND
OPERATIONS
By/1—
v
(LESSEE)
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EXHIBIT "A"
4 � .
That the foregoing ordinance y�qj reafor a firs time a dd passed to its
second readingon this the /1 dayof 19 by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dunphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for
third reading on this the . day of
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K.'Dumphy
Leopoldo Luna
Betty N. Turner
d timepassed to its
, 19Ag , by the
Cliff Zarsky
That the foregoing ordinan was reed for
on this the 1st. day of Py, L
Luther Jones i
Edward L. Sample
Dr. Jack Best
Jack K.'Dumphy
Leopoldo Luna.
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the I s} day of ! D R i L , la/ .
ATTEST:
th third time and passed finally
19or/ , by the following vote:
APPROVED:
/7 DAY OF , 19 gt :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant C
MAYOR r
1614.1
E CIT OF CORPUS CHRISTI, TEXAS
STATE OF TEXAS,
County of Nueces.
}ss:
•
PUBLISHER'S AFFIDAVTT •
l6%4'
#226857 r
CITY OF CC
CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally came
ANITA CASAS , who being first duly sworn, according 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 and State, and that the publication of
• NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE
of which the annexed is a true copy, was published in
CORPUS CHRISTI CALLER TIMES
on the. 30th day of March 19.81-, and once each thereafter for AAA
consecutive _.._
tue Times.
Subscribed and sworn to before me this 8th day of April 19 sl..
Lois Winn
Notary Pub c, Nueces County, Texas
NOTICE OF
PASSAGE OF
ORDINANCE ON
SECOND' READING
AUT-HDR121 NG- THE
CITY MANAGER TO EXE-
CUTE A FARM LEASE
AGREEMENT WITH MIL-
TON J. VAVRICEK FOR tk
TERMOF FOUR ANDONG
HALF YEARS FOR THE
RENTAB OF A TRACT OF
'LAND OUT OF LOT 3, SEC-
TION 14, BOHEMIAN COL-
ONY LANDS, BEING A 68 -
ACRE TRACT, MORE OR
LESS, OUT OF THE EL-
LIOTT SANITARY LAND-
FILL, ALL AS MORE
FULLY DESCRIBED IN
THE LEASE AGREE-
MENT, A SUBSTANTIAL
COPY OF WHICH IS AT-
TACHED HERETO AND
MADE A PART HEREOF,
MARKED EXHIBIT "A"
Notice is hereby gn that
the City Council of theCitY of
Corpus Christi has, on the
2515 day of Mrch, haytng
previously approved ri„altrst
reading on the Mita,/ of
March, 1981, the aforemen-
tioned ordinance The lull
text of said ordinance is
available to the public in the
Office of the City SecretarY•
WITNESS MY HAND this
the 26th davof March, 1981.
G Read,
City Secretary
CitY of