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HomeMy WebLinkAbout020904 ORD - 04/10/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF A ONE YEAR RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. AND MRS. JOHN Y. HANZALIK FOR A 26 ACRE TRACT OF LAND LOCATED AT 12930 HEARN ROAD WITH A RENTAL FEE OF $900 PER MONTH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a one year residential and grazing lease agreement with Mr. and Mrs. John Y. Hanzalik for a 26 acre tract of land located at 12930 Hearn Road with a rental fee of $900 per month, all as more fully set forth in the Residential and Grazing Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned Residential and Grazing Lease Agreement at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall takeipffect upon firs reading as an 'e19rgency measure this the i()1-/%2 day of ATTEST: /i ✓,�..5 ✓i Ii-�. City Secretary " MAYOR THE CITY OF CORPUS CHRISTI APPROVED:30Mi DAY OF , ,cab HAL GEORGE, CITY ATTORNEY By , i Assistant City Atorney \ORD-RES\90031 , 199" MICROFILMED 6=21 City of Corpus Christi wig Engineering ervi.ces Property and Lind Acqu siLicn Division - RESIDENTIAL a n d GRAZING LEASE AGREEMENT "r cue w a 1" This AGREEMENT is made and entered into this the 28th day of February , 19 90 between the City of Corpus Christi, Texas a home rule city and municipal corporation under the laws of the State of Texas, hereinafter referred to as "Landlord", and JOHN Y. HANZALIK and JANE HANZALIK, hereinafter referred to as "Tenant". Where required by the context, "Landlord" also refers to the Landlord's authorized agent or representative, including the Property and Land Acquisition Agent of the City of Corpus Christi, Texas. 1. DEMISED PREMISES, TERM AND RENT. The landlord hereby leases to the Tenant a dwelling house and grazing and pasture land situated at 12930 Hearn Road in the City of Corpus Christi, Texas, and being more particularly described as follows: Tract six (6), Westbrook Heights Annex, a Subdivision of the City of Corpus Christi, Texas, as shown by the map or plat thereof recorded in Volume 30, Page 10, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. and is designated on the map attached hereto, marked Exhibit "A" and made a part hereof; The term of the lease is one (1) year beginning on April 16, 1990 and ending on April 15, 1991. The Tenant is to pay $900.00 per month; first and last month's rent due at beginning of this lease, and then the $900.00 rent payable on the first day of each succeeding month. "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 Page 1 of 14 6=22 2. PAYMENT OF RENT. The Tenant shall pay each month's rent as it becomes due. Check or money order for the full amounts payable to the CITY OF CORPUS CHRISTI will be delivered or mailed to: City of Corpus Christi Finance Department - Collections Vivian Benavides P. 0. Box 9277 Corpus Christi, Texas 78469-9277 so as to reach Landlord on or before the due date. IF RENT HAS NOT REACHED LANDLORD AT THE ABOVE ADDRESS BEFORE 5:00 P.M. ON THE 5TH. DAY PAST DUE DATE, LANDLORD MAY TAKE IMMEDIATE POSSESSION OF THE PREMISES AS DESCRIBED IN PARAGRAPH 15 BELOW. 3. UTILITIES. The Tenant shall pay all utilities and service bills and fees connected therewith, including but not limited to water, electricity, gas, or other power, garbage disposal and pickup, and telephone. In the case of malfunction of equipment or utilities, or damage by fire, water, or Act of God, Tenant shall notify the Landlord immediately and Landlord shall Hake repairs with reasonable promptness; and rent shall not abate during such periods, except in accordance with Paragr,aph 24 of this Lease Agreement. 4. REPAIRS. The Tenant shall keep the premises in such repair as the same may be at the commencement of the term or as the same may be improved by Landlord during the continuance thereof, reasonable wear and tear excepted. Tenant accepts the premises as is. Without limitation, Tenant is Liable for damage to the premises caused by leaving doors or windows open to the elements and for negligent overflow of water from faucets or pipes, or any other damages "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 6=23 caused by Tenant, other occupants, or guests. If proper repairs are not timely made by Tenant, the Landlord may terminate the lease or make the necessary repairs at Tenant's expense. Such reimbursement shall be due when the Landlord makes demand. 5. ALTERATIONS. Tenant shall not make alterations, additions, or improvements (e.g. drilling holes into walls, woodwork, or floors, antenna installations, wall phones, or change of locks) to the demised premises or the building thereon, without the prior written consent of Landlord, and unless otherwise agreed upon in writing, all alternations, improvements and additions made by Tenant upon the premises, although at his own cost and expense, shall, at the option of the Landlord, remain upon the premises at the expiration of this lease and become the property of the Landlord without other action or process of law. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE USED FOR RESIDENTIAL, GRAZING AND FOR PASTURE LAND ONLY. THE SAID PREMISES ARE NOT TO BE USED FOR ANY OTHER PURPOSE THAN THOSE HEREIN SPECIFIED UNLESS CONSENTED TO BY THE CITY IN WRITING. 6. SUBLETTING. Subletting, assignment or securing a replacement WILL NOT be allowed for subject lease. 7. SECURITY DEPOSIT. Tenant has deposited with the Landlord the sum of $500.00 as security for deficiencies in rent payment and for damages, cumulative of all other remedies of Landlord therefor. Landlord may withdraw from this deposit from time to time for payment of past due rent and for costs, as determined by Landlord, for "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 repairs not effected by Tenant as well as for cleaning upon vacation of premises by Tenant, reasonable wear and tear excepted. Any unexpended and unencumbered balance will be refundable to Tenant within 30 days after Tenant surrenders the premises to Landlord. If, as a result of withdrawals by the Landlord for the above describe purposes, the security deposit balance falls below 50% of the amount originally deposited by the Tenant with the Landlord under the Security Deposit Agreement, Tenant shall, within five days after written demand is sent by Landlord, execute an additional Security Deposit Agreement for and deposit with the Landlord an amount sufficient to bring the unexpended security deposit balance back up to the amount originally deposited by the Tenant under the original Security Deposit Agreement. Failure to so replenish the unexpended Security Deposit balance shall constitute a default. IN THE EVENT TENANT VACATES THE PREMISES WITHOUT GIVING THE LANDLORD THIRTY (30) DAYS WRITTEN NOTICE AS SET FORTH IN PARAGRAPH 14 HEREIN, THE ENTIRE SECURITY DEPOSIT, OR ALL REMAINING PORTION THEREOF, SHALL BECOME THE PROPERTY OF LANDLORD AS PARTIAL PAYMENT FOR THE DAMAGES OF SUCH VACATION. 8. PETS. No pets shall be maintained on the premises without Landlord's written consent. 9. USE AND OCCUPANTS OF PREMISES. Tenant shall use the premises exclusively as a private residence and grazing land. The only occupants of the dwelling other than overnight guests shall be the following: John Hanzalik, Jane Hanzalik Don Hanzalik Lee Hanzalik Dale Hanzalik "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 0=15 10. LANDLORD'S RIGHT OF ENTRY. The Landlord may enter the property at any reasonable time to inspect, repair or show the premises. 11. TENANT MAINTAINS GROUNDS. Tenant agrees to compliance obligation maintain the yard and grounds neatly and in with City ordinances. Failure to fulfill the will give the Landlord the option to terminate the lease or to have the yard and grounds maintained at Tenant's expense. Reimbursement 12. NUISANCES, ETC. Neither Tenant nor dangerous, flammable any act or permit ordinances or do or permit an act or condition likely to damage the reputation of the Landlord. IN CASE OF ANY VIOLATION OF THIS PARAGRAPH, LANDLORD MAY TERMINATE THIS LEASE AGREEMENT UPON TWENTY-FOUR (24) HOURS NOTICE AND TENANT HEREBY WAIVES ALL OTHER RIGHTS AND NOTICES HEREUNDER FOR THE BALANCE OF THE TERM OF THE LEASE, AND IF THIS LEASE IS SO TERMINATED, TENANT SHALL IMMEDIATELY THEREAFTER SURRENDER POSSESSION OF THE PREMISES. shall be due when Landlord makes demand. any occupant or explosive any nuisance shall disturb neighbors, keep materials upon the premises, do to exist, breach any laws or 13. LIMITATIONS ON LANDLORD'S LIABILITY. The Landlord shall not be liable losses to premises or the use or any person or to building from any the conditions of theft, vandalism, ice, wind, smoke, explosions, sonic malfunction of for any injuries, damages, or any property at any time on said cause whatever which may arise from said premises or building, or from water, hail, lighting, rain, snow, booms, failure, interruption, or utilities, appliances, or gas which may leak into, issue or flow from any part of said building, or from the pipes or the plumbing of the same or from any other place reported, "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 from anv other cause whatsoever, during said term or any renewal thereof. Landlord strongly recommends that Tenant secure his own insurance to protect himself against all of the above occurrences. 14. NOTICE OF TERMINATION. The Landlord shall have the right to terminate this agreement without cause at any time by giving Tenant thirty (30) days written notice and returning to Tenant any prepaid but unused rent. The Tenant shall have the right to terminate this agreement by giving written notice to Landlord at least thirty (30) days before the end of the monthly rental period. 15. DEFAULTS BY TENANT. A. Default, Notice, Abandonment. If Tenant fails to promptly pay the rental or any other sums when due, or if Tenant fails to reimburse Landlord for damages, repairs, or plumbing service costs when due, or breaches any of Tenant's other agreements hereunder, is declared incompetent, becomes bankrupt, makes a voluntary assignment for the benefit of creditors, or has a receiver appointed for him or if anv other occupants or guest upon the demised premises materially and/or repeatedly violate this lease agreement or any applicable Federal, State or local laws, or if Tenant abandons the premises, then in any such event of default, Landlord shall have the option and right to terminate this tenancy by giving Tenant at least three days notice in writing. (However, no prior written notice shall be required for filing eviction or damage suits for nonpayment of rent.) Notice may be by mail or personal delivery to the demised premises. Tenant agrees to vacate the demised premises forthwith and relinquish all claim to possession, paying the required rent and leaving the premises "Residential & Crazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 in good order, as hereinabove provided. TENANT'S ABSENCE FROM THE DEMISED PREMISES FOR FIVE (5) CONSECUTIVE DAYS WHILE ALL OR ANY PORTION OF THE RENT IS DELINQUENT, SHALL BE DEEMED AN ABANDONMENT OF THE PREMISES. B. Landlord's Additional Remedies. In addition to any remedy to which the Landlord may be entitled hereunder or by law, and without prejudice thereto, the Landlord, upon any such event of default, shall have the right to do any of the following, without the necessity of notice of demand, which is hereby waived by Tenant, and without the necessity of any action, in forcible entry and/or detainer, writ, bond, distress warrant, or other judicial process, all of which are also waived by Tenant. If Tenant fails to vacate and relinquish all claim to possession of the demised premises on or before the expiration or termination date, Tenant's security deposit will be forfeited and Landlord shall be entitled to the reasonable rental value of the premises for the holdover period, plus any damages, plus attorneys' fees. C. Contractual Lien, Abandoned Property. THE PROPERTY ON THE PREMISES BELONGING TO TENANT IS HEREBY SUBJECTED TO A CONTRACTUAL LANDLORD'S LIEN IN ADDITION TO ANY STATUTORY LIEN RIGHTS IN ORDER TO SECURE ANY AMOUNTS WHICH TENANT OWES UNDER THIS LEASE AGREEMENT, INCLUDING THE REASONABLE RENTAL VALUE IF TENANT WILLFULLY HOLDS OVER WITHOUT LANDLORD'S CONSENT. in order to clear premises abandoned as described in this lease agreement, Landlord may enter the premises and remove and store all property of every kind found thereon. Landlord may also impose reasonable charges for storing such abandoned or seized property, and may sell same at public sale (subject to any valid security interest) after thirty (30) days written notice of time and "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 place of sale is mailed to Tenant at his last known address. Tenant hereby agrees that any such re-entry or taking of possession of Tenant's property after a default by Tenant shall not constitute any trespass, act of conversion, or other tort on Landlord's part or in anywise render Landlord liable to Tenant. D. Court Costs, Attorneys' Fees. if Landlord prevails in any suit for eviction, possession, collection of rentals, or for unpaid charges or damages, Tenant shall be liable for court costs and reasonable attorneys' fees. E. Interest. All amounts due under the lease agreement shall bear ten per cent (10Z) interest per annum from due date. 16. NO POLITICAL DISPLAYS. Tenant agrees not display any political or other signs on the premises or vehicles owned by Tenant or other persons which may be parked upon the premises. 17. OPEN SIDEWALK. If applicable, 'Tenant agrees to keep sidewalk on front yard open and unobstructed at all times. Violation of this provision is deemed sufficient reason for termination of this lease. 18. MOVEOUT PROCEDURES. Thirty (30) days written notice to Landlord is required. Tenant should arrange with Landlord for prompt inspection, using the MOVELN (OUT) INVENTORY AND CONDITION FORM. Tenant's security deposit will be returned in accordance with the conditions in the attached SECURITY DEPOSIT AGREEMENT. "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 0-29 19. NOTICES. Any notices required under this lease may he given, in writing, to the Landlord by delivering or mailing the notice to the City of Corpus Christi P. 0. Box 9277 City Hall - [201 Leopard Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION 3rd. Floor, Room 3E -25A Corpus Christi, Texas 78469-9277 and to the Tenant, by leaving it in the mailbox or posting it upon the front door ofsaid dwelling house, or by mailing it to the mailing address of said premises which is 12930 Hearn Road Corpus Christi, Texas 78410 or by mailing it to the Tenant's place of business or employment. 20. EFFECT OF LEASE AGREEMENT. This lease agreement and all of its covenants and provisions shall be binding upon both Landlord and Tenant and their respective heirs, successors, representatives and assigns. 21. GENERAL. No oral agreements have been entered into; and this agreement shall not be modified unless in writing. All of the Tenant's statements in the rental application were relied upon by Landlord in executing this lease agreement, and any misinformation therein shall be considered cause for termination by Landlord of Tenant's right of occupancy. to the event of more than one Tenant, each Tenant is jointly and severally liable, for each provision of this lease agreement. Each of the undersigned states that his age is over eighteen (18) years. All obligations are to be performed in Nueces County, Texas. If commencement of occupancy "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 u=30 of the premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant in any respect for such delay, and the lease shall remain in force subject to the following conditions: (1) rentals shall be abated on a daily basis during delay, a n d (2) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of deposit(s). Such conditions shall not apply to cleaning and repair delays. 22. PEACEFUL POSSESSION AND ENJOYMENT BY TENANT. The Landlord agrees that the Tenant shall peaceably hold and enjoy the premises during the said term without any interruption by the Landlord or any person rightfully claiming under him, except as expressly provided by this agreement. 23. DEFAULT BY LANDLORD. The Landlord agrees to properly maintain hot water, heating, plumbing fixtures, and/or air conditioning equipment, if any, and make all reasonable repairs, subject to Tenant's obligation to pay for damages caused by Tenant, other occupants, or guests. 24. FIRE OR OTHER CASUALTY. In case the buildings on the premises or any part thereof shall be damaged by fire or any other unavoidable casualty so that the same shall be thereby rendered partially or fully unfit for use and occupancy, then the rent thereby reserved, or a just and "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 -10- b=31 proportional part thereof, shall he abated until the premises shall have been duly repaired and restored by the Landlord, said proration of rent to be determined by the Landlord on a total square footage of the remaining habitable space in case of partial unfitness or use, or, in case the premises shall be substantially destroyed, then at the election of the Landlord, this agreement may be terminated. 25. WAIVER AND ATTORNEYS' FEES. Acceptance of full or partial payment by Landlord after termination or forfeiture or notice thereof, will not constitute waiver of the termination or forfeiture unless Landlord agrees to such waiver in writing, nor will such payment affect any legal proceedings taken or to be taken nv Landlord except to reduce Tenant's obligation to Landlord by the amount of such payment. Waiver by Landlord of any defaults or breaches by Tenant shall not bar Landlord's rights or remedies in case of continuing or subsequent default or violation by Tenant. If Landlord files suit against Tenant for collection of rentals or to enforce or defend any of the provisions of this lease agreement, Tenant agrees to pay, addition to his other obligations hereunder, all reasonable expenses incurred by Landlord in connection therewith, including but not limited to court costs and reasonable attorneys' fees, which shall be secured in like manner as are rentals under this lease agreement. Any suit for the enforcement hereof shall be brought in the courts of Nueces County, Texas, which shall have exclusive venue. 26. INVALID PROVISIONS. If any clause or provision of this lease agreement is illegal, invalid, or unenforceable under present or future law effective during the term of this lease, then and in that event, the remainder of this lease agreement shall not be affected thereby, "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 -11- and in lieu of each such clause or provision, shall be added automatically as part of this lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. SECURITY DEPOSIT AGREEMENT. IT IS UNDERSTOOD THAT THE SECURITY DEPOSIT AGREEMENT EXECUTED ON OCTOBER 27, 1987 FOR 12930 HEARN ROAD REMAINS IN EFFECT WITH THIS LEASE RENEWAL. 28. SAVE AND HOLD HARMLESS. TENANT shall fully indemnify, save and hold harmless the CITY OF CORPUS CHRISTI, its officers, employees and agents (hereinafter called "the INDEMNITIES"] against any and all Liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this agreement, unless such injury, loss ,,r damage shall be caused by the sole negligence of INDEMNITIES. TENANT shall, at TENANT'S own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and nil other costs and expenses of any kind arising from acv such liability, damage, loss, claims, demands and actions. 29. SPECIAL PROVISIONS. none "Residential & Grazing Lease Agreement" [renewal] 12930 (learn Road - Hanzalik 4-16-90 to 4-15-91 -12- n=33 Executed this Inv of , 19 By: CITY OF CORPUS CHRLSTI, TEXAS iTandlord) Juan Garza City Manager ATTEST: AR`ANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 19 . By: HAL GEORGE, CITY ATTORNEY Alison Gallaway Assistant City Attorney / READ THIS INSTRUMENT BEFORE SIGNING/ TENANTS /On Y: Hanzalik Th Jane Hanzalik "Residential & Grazing Lease Agreement" [renewal] 12930 Hearn Road - Hanzalik 4-16-90 to 4-15-91 -13- /7 IL ) 7 `i ,,` - - L(') atCHIBIT c,\1 ( 0. . 51710:ENS WATER TEE1101E131' PLANT EXP ANS 1 ON -Hearn id. 'est ot Missouri Pacific Railroad - ?a r Eels 1,12 11 V " 1 i98 "Resident' e Grazing hese' 12930 Hearn Road [ Hanza lids m "'A /r) 1.c 6 co r 0/^) -4) 0 A o° 13.1. / —1C- / \ 2 \ 2 \Io h Dc''N 21,(3. Girt, Aj E • A •orrow • 1,E40 4'r.• - oi JS .11.1 1 & Grazing Lease Agreement" 1renewAl 12930 Hearn Road - Hanzalik ‘05,0 1 4-16-90 to 4-15-91 71* Page 14 of 14 , ce- _ 01 (12 L 0 Corpus Christi, Texas /O-01 day of (ipfuc( , 196 -?L TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Betty N. Turner Cezar Galindo dilz)l 0 w ajts Frank Schwing, Jr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes 045