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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) N4/..10.1A1 . ' 6700.30' • `-CENTRA[ ROWER L/sNTCLi /bWc7Q .. • .Ll.'IS. EASCMfNT RSGORDEO %N. YPL. /69 • Xj •' F6.-29/ 'LCSEO .fEIAROS •h'UFCES• CO.; jEi; '� !"(• ' , -•POWER- POLE 1 1.8 SET Sr➢S•6'Er 0613/cAT/GJ .:. �l1 ,P4CORD=./4"• YOt.7Th PO. 25,6. ,''QWEO•,QdCOROS Nilo -LES CO,, 76.4.1d ti Ia" 30' Li T----. IW T----• I JET ▪ 4s =R._.• civ 60' • J . . N• • • 6/•30'E ' 1200.30. • • . SET c•IR! SARATOGA ' •, • • .BLVD. H. N ii . • . ,'ro'3 ro 00•N•0 r7 co, • 00 C1 N •U OD••0 Q.. M •tA i -i N 0 i E 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