HomeMy WebLinkAbout11240 ORD - 01/03/19730 JRR/Mc 11/28/72 1ST • . I . •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
WITH CURRAN L. GARRETT FOR THE LEASING OF A TRACT OF LAND
OUT OF LOTS 9, 10 AND 11, SECTION 17, OF THE FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS (AT THE OSO SEWAGE
TREATMENT PLANT), FOR A TERM OF THREE (3) YEARS, IN
ACCORDANCE WITH THE TERMS OF SAID LEASE, A 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 EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A
THREE (3) YEAR LEASE AGREEMENT WITH CURRAN L. GARRETT ON A TRACT OF LAND 390
,FEET IN WIDTH AND 1946 FEET IN LENGTH OUT OF LOTS 9, 10 AND 11, SECTION 17
OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS (AT THE OSO SEWAGE
TREATMENT PLANT), FOR THE PURPOSE OF OPERATING A TURFGRASS NURSERY, IN ACCORD-
ANCE WITH THE TERMS OF SAID LEASE AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT
"A ", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES.
240
0 JRR/MC 11/28(2 1ST •
LEASE AGREEMENT
THE STATE OF TEXAS )
COUNTY OF NUECES )
THIS AGREEMENT OF LEASE MADE BY AND BETWEEN THE CITY OF CORPUS
CHRISTI NUECES COUNTY TEXAS HEREINAFTER CALLED "LESSOR" AND CURRAN L.
GARRETT, HEREINAFTER CALLED "U SSEE":
W I T N E S S E T H•
FOR AND IN CONSIDERATION OF THE RENTALS TO BE PAID BY THE LESSEE
TO THE LESSORS AS HEREINAFTER STATED THE LESSOR AGREES TO LEASE AND DOES
HEREBY LEASE THAT CERTAIN TRACT OF LAND AT THE OSO SEWAGE TREATMENT PLANT IN
THE COUNTY OF NUECES TEXAS AND HEREIN DESCRIBED AS FOLLOWS:
A TRACT OF LAND 390 FEET IN WIDTH AND 1946 FEET IN LENGTH
OUT OF LOTS 9, 10 AND 11, SECTION 17, OF THE FLOUR,EILUFF
AND ENCINAL FARM AND GARDEN TRACTS (LOCATED AT THE OSO
SEWAGE TREATMENT PLANT) AS SHOWN ON THE MAP ATTACHED HERETO;
FOR THE PURPOSE OF OPERATING A TURFGRASS NURSERY FOR A TERM OF THREE (3)
YEARS COMMENCING ON THE 1ST DAY OF JANUARY; 1973, AND ENDING ON THE 31ST
DAY OF DECEMBER, 1975, WITH AN OPTION TO RENEW SAID LEASE FOR AN ADDITIONAL
TWO (2) YEAR TERM.
THE CONSIDERATION FOR THIS LEASE IS TO BE PAID BY THE LESSEE TO THE
CITY OF CORPUS CHRISTI AND LESSEE AGREES TO BIND AND OBLIGATE HIMSELF FOR THE
SAID RENTS DIRECTLY TO THE SAID CITY OF CORPUS CHRISTI.
II
THE LESSEE AGREES TO THE FOLLOWING RENTAL AND CASH BONUS TO BE PAID
AS FOLLOWS: '
1. LESSEE WILL PAY TO THE CITY OF CORPUS CHRISTI THE SUM OF THIRTY
DOLLARS MO) PER ACRE PER YEAR FOR THE AGREED LEASED ACREAGES PAYABLE AT THE
BEGINNING OF EACH LEASE YEAR.
2. LESSEE WILL PAY TO THE CITY OF CORPUS CHRISTI THE SUM OF ONE CENT
(1¢) PER SQUARE YARD FOR EACH SQUARE YARD OF SOD HARVESTED, TO COMPENSATE FOR
SOIL REMOVED FROM THE LEASED LAND.
3. LESSEE AGREES TO MAINTAIN THE LEASED AREA IN A MANNER WHICH
WOULD BE A CREDIT TO THE CITY OF CORPUS CHRISTI BY KEEPING THE AREA MOWED FREE
OF DEBRIS AND NEAT IN APPEARANCE AT ALL TIMES.
0 JRR/Mc 11/28/-2 1sT
0
4. LESSEE AGREES THAT ALL EQUIPMENT YARDS AND BUILDINGS WILL BE
SCREENED BY THE LESSEE AND SAID SCREENING SHALL MEET THE APPROVAL OF THE DIRECTOR
OF PUBLIC UTILITIES.
5. CITY MAY CANCEL THIS LEASE AT CITY'S OPTION, WITHOUT COST TO
CITY, BY GIVING LESSEE SIX (6) MONTHS NOTICE, IN WRITING, OF THE CANCELLATION.
6. IT IS UNDERSTOOD AND AGREED THAT ALL SOD WILL BE WATERED WITH
EFFLUENT WATER. THE COST OF THE EFFLUENT, ITS TRANSPORTATION AND DISTRIBUTION
SHALL ALL BE BORNE BY THE LESSEE, ARRANGEMENTS FOR WHICH SHALL BE MADE UNDER
SEPARATE INSTRUMENT OR INSTRUMENTS.
7. UPON TERMINATION OF THIS LEASE ALL CAPITAL IMPROVEMENTS MADE TO
THE LEASED AREA SHALL BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI EXCEPT
THE PORTABLE SPRINKLING AND MAINTENANCE EQUIPMENT. IN ADDITION, THE SURFACE
OF THE LAND SHALL BE RESTORED TO ITS BEFORE -LEASE GRADES AND SUFFICIENT GRASS
LEFT TO INSURE THAT THE LAND WILL BE COVERED WITH GRASS IN A MINIMUM OF TIME.
FURTHER, IF THE CITY OF CORPUS CHRISTI DOES NOT WANT TO ACQUIRE ANY OTHER
IMPROVEMENTS MADE BY THE LESSEE, THE LESSEE SHALL REMOVE SAID IMPROVEMENTS FROM
THE LAND AND THE AREA RESTORED TO ITS ORIGINAL CONDITION.
8. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE
USED ONLY FOR THE AFOREMENTIONED PURPOSES (THE RAISING OF TURF(RASS).
9. LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PORTION
THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING.
10. IT IS FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND ACCURATE
BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE ABOVE DESCRIBED
USES OF THE PREMISES HEREBY LEASED, AND THAT SUCH BOOKS SHALL BE OPEN TO INSPEC-
TION BY THE CITY.
11. 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.
12. THE 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
OPERATIONS OF THE LEASED AREA OR TO REPLACE ALL SUCH LINES INJURED OR DESTROYED
AS A RESULT OF HIS OPERATIONS.
13. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
BEING LEASED BY HIM.
-2-
JRR/MC 11/28/7z 1sr •
14. THE CITY SHALL HAVE 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 THE SAID LEASE ARE BEING OBSERVED
AND CARRIED OUT. 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.
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 WHAT-
SOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERATION OF
THE LEASED PREMISES.
EXECUTED THIS DAY OF , 1972.
ATTEST:
CITY SECRETARY
APPROVED:
DAY OF , 1972:
CITY ATTORNEY
CITY OF CORPUS CHRISTI, TEXAS
BY
R. MARVIN TOWNSEND, CITY MANAGER
CURRAN L. GARRETT
9i V\
O
A? zr7."3
-3 110 % U.t? •
O
V
7-1
t IOW ACOL III if C)
IIAIT AC4,L)IW7D.-./, AMOUNf-�'; V 0 50 sz'�Iy'q 4�7'6 'O/sposx)
PLfI!!/T s
lil ';OUPING IWI If;
MINI IIAI
-A LT-1 - - , SCALE AREA, f7. 3, /Glass
•
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THEa9.Z. DAY OFtia�yL�..el —, 19_2Z , BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BO NNIWELL
ROBER TO BOSgUEZ, M.D. J�17/1-
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, $R.
J. HOWARD STARK -- V
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE DAY OF BY THE
FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWE LL
. ROBERTO BOSgUEZ, M.D. ar
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LOZANO, SR.
J. HOWARD STARK
THAT THE FORE DING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF , 19 �Z.,?., BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSOUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS THE
ATTEST::
CITY SECRETARY // 1
APPROVED: U
G/ DAY OFN, 19 l
CITY ATTORNEY
Y. OF - t9� •
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lase
County of Nueces. 1
Before me, the undersigned, a Notary Public, this day personally came ........ _.._._..___
..Ifilalld..G ... Bare &.... _ ....... ............ who being first duly sworn, according to law, says that he is the
... QJJRDA-.. ... AaV. --M&t ......... _ ......... _ ......... ....... 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
- R0A;.& 4t_ MRQ. t1. Q9 ... Qf._I'.em@ --- ------
��Ad_._
of which the annexed is a true copy, was published in .._....... `�:i9.E16 __ ............. _ ......... —
on the..4..th- day of _......D8aeI0.l? €><. ... _...... 19 -.Z2, and once each...-.d y..._._..._thereafter
DA.Q . 8.
.... __ .... _ ... 2. ------ __Times.
and G. Barn4�.CC s I .s. dv. Subscribed and sworn to before me this_......2Ztb._. day of ...._.Ae!mber _...._.._... .19_.72 .._
Louise Vick _._....... - ublic, Nueces County, Texas