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Home My WebLink About11508 ORD - 06/06/19730 JRR:jkh:6 -6 -73; 1st O AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ASSUMPTION OF LEASE AND CONSENT TO ASSIGNMENT OF A LEASE AGREEMENT WITH CURRAN L. GARRETT TO OSO TURF FARMS, INC., COVERING A TRACT OF LAND LOCATED AT THE OSO SEWAGE TREATMENT PLANT, FOR THE PURPOSE OF OPERATING A TURFGRASS NURSERY, AS MORE FULLY SET FORTH IN THE ASSIGNMENT OF LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. WHEREAS, by authority of Ordinance No. 11240, passed and approved by the City Council on January 3, 1973, the City entered into a Lease Agreement with Curran L. Garrett for the purpose of operating a turfgrass nursery at the Oso Sewage Treatment Plant; and WHEREAS, Lessee has formed a corporation, Oso Turf Farms, itc., and is desirous of operating said turfgrass nursery in the name of said corporation; and WHEREAS, the City is agreeable to assigning the Lease Agreement to the said corporation: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Lease Agreement heretofore authorized by Ordinance No. 11240, passed and approved on January 3, 19730 by and between the City of Corpus Christi and Curran L. Garrett,is hereby assigned to Oso Turf Farms, Inc., and the City Mnaager is hereby authorized to execute Assignment of the aforesaid Lease Agreement, a copy of which is attached hereto, marked Exhibit "A" SECTION 2. The necessity to enter into the aforesaid agreement at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested that such Charter rule ba suspended, and that this ordinance be passed finally on the date of its introduction and take effect li5oO and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_.6--tk day of June, 1973. ATTEST: r City Secretary / 0 AP ROVED: DAY OF JUNE, 1973: — - 412&e Citfy Attorney MAYO THE CITY OF CORPUS CHRISTI, S 0 0 ASSIGNMENT OF LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES X WHEREAS, by authority of Ordinance No. 11240, passed and approved by the City Council on January 3, 1973, the City of Corpus Christi entered into a Lease Agreement with Curran L. Garrett for the purpose of operating a turfgrass nursery at the Oso Sewage Treatment Plant; and WHEREAS, Lessee has formed a corporation, Oso Turf Farms, Inc., and is desirous of operating said turfgrass nursery in the name of said corporation; and WHEREAS, the City is agreeable to assigning the Lease Agreement to the said corporation: NOW, THEREFORE, the parties hereto enter into the following agreement: The Agreement of Lease, heretofore entered into by and between the City of Corpus Christi, Lessor, and Curran L. Garrett, Lessee, a copy of which is attached hereto as Exhibit "A ", be and the same is hereby assigned to Oso Turf Farms, Inc., and except as-herein set forth, the terms and condi- tions set forth in the Agreement of Lease are hereby continued in full force and effect. Executed in duplicate, each of which shall be considered an original, this the day of , 1973. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF JUNE, 1973: City Attorney ATTEST: By. R. Marvin Townsend City Manager OSO TURF FARMS, INC. Ey Secretary Z--Xff. "A„ JRR/MC 1128%;2 is 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 "LESSEE": 4J ITNESSETH: FOR AND IM CONSIDERATION OF THE RENTALS TO BE PAID BY THE LESSEE TO THE LESSOR, 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 175 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS (LOCATED AT THE 050 SEWAGE TREATMENT PLANT)j AS SHOWN ON THE MAP ATTACHED HERETO; FOR THE PURPOSE OF OPERATING A TURFGRASS NURSERY, FOR A'TERM OF THREE (3) a YEARSI COMMENCING ON THE 1ST DAY OF JANUARYS 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. 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 ($30) 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 WHIC14 WOULD BE A CREDIT TO THE CITY OF CORPUS CHRISTI BY KEEPING THE AREA MOWEDI FREE OF DEBRIS AND NEAT IN APPEARANCE AT ALL TIMES. 4z- -/�, OJRR/Itc 11/28% "2 Is. 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 OPTIONS WITHOUT COST TO CITYj BY GIVING LESSEE SIX (6) MONTHS NOTICE, IN WRITINGS 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 VHE 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 TURFGRASS). 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- oJRR /Mc 11 /28/7 � 1s'_ o 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 TERNS 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 f CITY OF CORPUS CHRISTI, TEXAS BY R. MARVIN TOWNSEND, CITY MANAGER CURRAN L. GARRETT 1 - I• 4 � 1 �� :.i.'•r..f '•i�,� Ih � of i ( �. � + +o � � \ I / 'IDS{ OS`'` s✓I (,,5ti \Lo i �__. X1•;'1'' /: ..Y•., /' /O',Y, /�`> `/ y , Iit11Y .1:1 +1;11;1 :l ;:,.,.•• -,.' �` � �1 /- Ij all lu r .....__... .•` _�_..�. �.� i7 J ��i`J V r �i�.i� ✓_ii AMOkJN I:11:� +: :1 +ICI,. .1n111•. ... .,.. •.•.. /_�•.._I -- ��-•_; �•---- -- �.- .__..._.._�._......_ .. _ II•.i Ili 1,11 'i '. I •lfII�I_.. .. �_ •' /.' i�l•" ...�."�r. ./% .. . � /' , fh1:11 lfi.) I:II,IfI'.. .•1'nl'II', ,.. .._ '.•_•..` __— __'�' /J..�._?.�_rf -- I.f rte.. ' - r / (.1'1 •.' �. / ! .•ti /r ., �. %1.1.1• I / •• 4' 7 / , r .. ........... ___........- �_,.-- __•.- '.' ---.. ... ..... __.. -.. - ._�_......... ..._.._..�... ... ill =l.ni . .'J'•. fir: /. . 0 0.. Corpus Christi, Texas day of z 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales 7J - Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark