HomeMy WebLinkAbout020926 ORD - 05/29/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE YEAR GRAZING LEASE
AGREEMENT AND AGRICULTURAL WATER USE COVENANT WITH
WARREN D. BROWN AND H. GARY CLANTON FOR A 3.9 ACRE TRACT OF
LAND LOCATED OFF HEARN ROAD AND APPROVING THE RENTAL FEE OF
$55 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 Grazing Lease Agreement and Agricultural Water Use
Covenant with Warren D. Brown and H. Gary Clanton for a 3.9 acre
tract of land located off Hearn Road and approving the rental fee of
$55 per month, all as more fully set forth in the grazing lease
agreement, substantial copies of which are attached hereto and made a
part hereof, marked Exhibits A and B.
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 Grazing Lease Agreement
and Agricultural Water Use Covenant 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 take
effect upo(�p, first reading as an emergency measure this the r
day of 11} �tx�-, , 19 `!! .
ATTEST:
i
City Secretary
APPROVED:. DAY OF
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
\ORD-RES\90059
YOR
THE CITY OF CORPUS CHRISTI
, 19
MICROFILME .
10=11
City of
Corpus
Christi
Engineering Services
Property and Lana A_cuisition Division -
THE STATE OF TEXAS
COUNTY OF NUECES
X
T
LEASE AGREEMENT
[Grazing]
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT, made and entered into this the
27th. day of April , 1990 by and between the CITY OF CORPUS
CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY" and
H. GARY CLANTON and WARREN D. BROWN of the County of Nueces, State of
Texas, hereinafter COLLECTIVELY called "LESSEE",
WITNESSETH:
The CITY OF CORPUS CHRISTI, does by these presents lease and
demise unto the said H. GARY CLANTON and WARREN D. BROWN the following
described PREMISES, to -wit:
See PAGE 2 [legal]
See PAGE 10 [map]
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 toy /31/91]
Page 1 of 10
(Groenw.ty water Line Ea5'er,'n: between lir.irn n
a xa,]ee Ln)
Being an irregularly shaped tract of land out of the
Gregorio Farias Grant, Abstract No. 592, and out of
that certain 30 acre tract conveyed to Joe C. Bickham
by Deed Recorded in Volume 270, Page 555, Deed Records,
Nueces County, Texas, said irregularly shaped tract of
land being more particularly described by metes and bounds
as follows:
Beginning at the most northerly corner of said 30 acre
tract for the most northerly and beginning corner of the
tract herein described;
Thence S. 55° 09' 37" E., (S. 57° 30' E., Deed Call),
with the northeast boundary line of said 30 acre tract
a distance of 589.19 feet to a point for the most
easterly corner of this tract herein described;
Thence S. 37° 22' 33" W., with the
line of the Roger D. Bickham tract
Recorded in Volume 877, Page 614, Nueces
Deed Records, a distance of 339.85 feet
north right-of-way line of 50 foot wide
southeast of this tract;
northwest boundary
as shown by Deed
County, Texas
to a point in the
Hearn Road for the
corner
,
Thence in a westerly direction with the arc of a curve
to the left whose central angle is 36° 32' 09" and whose
radius is 204.06 feet, a distance of 130.12 feet to a
point for the most southerly or southwest corner of this
tract;
Thence N. 18° 36' 37" W., a distance of 408.73 feet to
an interior corner of this tract;
Thence N. 55° 09' 37' W., a distance of 178.36 feet to a
point in the northwest boundary line of said 30 acre tract
for the most westerly corner of the tract herein described;
Thence N. 36° 53' 23" E., (N. 340 28' E., Deed Call) with
the northwest boundary line of said 30 acre tract, a distance
of 200.13 feet to the point of beginning.
Containing 171,489.96 square feet or 3.937 acres of land,
more or less.
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5/31/91]
10=13
The term of the LEASE is One (1) year beginning on June 1, 1990
and ending on May 31, 1991, subject to the following conditions,
covenants and conditions, to -wit:
1. The LESSEE is to pay therefor the following rental:
FIFTY-FIVE DOLLARS AND NO CENTS ($55.00) per month, payable
on the first of each month, in advance, for the term of this
LEASE.
Check or money order for the full amounts will be delivered
or mailed to:
CITY OF CORPUS CHRISTI
COLLECTION SECTION
1201 LEOPARD STREET
CORPUS CHRISTI, TEXAS 78469-9277
and to the ATTENTION of MS. VIVIAN BENAVIDES, so as to reach
CITY on or before the due date.
2. It is understood and agreed that the leased PREMISES are to
be used for grazing and pasture land only. The said PREMISES
are not to be used for any other purpose than those herein
specified without the prior written consent of the CITY.
LESSEE agrees that said PREMISES are not to be used for
storage of equipment, motor vehicles, materials of any kind
or other objectionable items.
3. LESSEE agrees not to sublet the leased PREMISES or any
portion thereof without the prior written consent of the
CITY.
4. All action by the CITY in connection with the performance of
this AGREEMENT,including notices to the CITY, shall be by and
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5/31/91]
10=14
to the CITY Manager or a person designated by the CITY
Manager.
5. It is understood that the CITY reserves the right to use, or
to sell or lease for a use different from the present use,
all or any part of the PREMISES at any time during the term
of this LEASE. Should the CITY need the property, or should
said PREMISES 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 thirty (30) days after receipt
of notice to vacate.
6. This LESSEE agrees that LESSEE will pay for any and all
damages to any utility lines or equipment located on said
PREMISES which may be incurred by LESSEE'S grazing
operations or to replace all such lines injured or destroyed
as a result of LESSEE'S grazing operations.
7. The LESSEE agrees to pay for all utilities used at the
premises.
8. The LESSEE agrees to pay for any and all expenses necessary
to provide continuous access to the premises.
9. It is agreed that construction of stock pens, barns or other
structures
on the leased
premises
is prohibited. LESSEE
agrees to pay for all fences necessary for LESSEE'S grazing
operation.
10. At the expiration of the lease agreement the LESSEE shall
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5/31/91]
10=I5
remove and retain, any and all fences which are erected by
the LESSEE during the term of the lease agreement except
where there is a breach of contract by the LESSEE in which
case the fences shall be retained by the CITY as liquidated
damages.
11. The LESSEE agrees that LESSEE will take good care of the
premises and its appurtenances and suffer no wastes and
shall keep the said premises in good repair at LESSEE'S 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 elements only excepted.
12. 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 all operations at the leased premises.
13. The LESSEE shall not permit malt, vinous or alcoholic
beverages on the, leased premises; and will not permit
smoking in any place where such would be a fire hazard and
will at all times display "No Smoking" signs where
designated by the CITY or the CITY Fire Department.
14. The LESSEE shall promptly execute and fulfill all the
ordinances of the CITY of Corpus Christi applicable to said
premises, and all orders and requirements imposed by the
Health, Sanitation and Police Departments of the CITY, for
the correction, prevention and abatement of nuisances in,
upon, or connected with said premises during the term of
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5 /31/91]
10=16
this LEASE at LESSEE'S own expense.
15. The CITY reserves the right to enter 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.
16. 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
provided by law; and may declare the LEASE forfeited at its
discretion, 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 re -let 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 have a lien as security for the rent
aforesaid. _
17. LESSEE 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
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5/31/91]
10=17
in any way connected with, the performance of this
agreement, unless such injury, loss or damage shall be
caused by the sole negligence of INDEMNITIES. LESSEE shall,
at LESSEE'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 all other costs and expenses of any kind
arising from any such liability, damage, loss, claims,
demands and actions.
18. 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.
19. 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:
IF•
TO LESSOR
City of Corpus Christi
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
P.O. Box 9277
Corpus Christi, Texas 78469-9277
IF TO LESSEE
H. Gary Clanton and Warren D. Brown
4213 Nolford
Corpus Christi, Texas 78410
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5/31/91]
10=18
20. This LEASE is made and accepted subject to all ad valorem
taxes that may be levied and assessed on the premises during
the term of this LEASE, the payment of which is hereby
assumed by LESSEE.
21. By LESSEE'S execution hereof, LESSEE acknowledges that LESSEE
has read this AGREEMENT and understands that this AGREEMENT
is not binding on the CITY until properly authorized by the
CITY Council and executed by the CITY Manager of the CITY of
Corpus Christi, Texas.
22. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED
BY THE CITY CHARTER SHALL BE PAID BY THE LESSEE.
23. Special Provisions:
None.
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5/31/91]
10=19
Executed this
By:
day or , 1990.
CITY OF CORPUS CHRISTI, TEXAS
[LESSOR]
Juan Garza
City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS 30 DAY OF n
By:
HAI GEORGE, CITY ATTORNEY
eT 0.-I,LR.I,t )rLC
Alison Gallaway
Assistant City Attorney
/LESSEE READ THIS INSTRUMENT BEFORE SIGNING/
C.-
H. Gary: Clanton
Warren D. Brown
LESSEE
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5 /31/91]
, 1990.
"Lease Agreement" [grazing]
3.9 acres - Hearn Road
[Clanton/Brown - 6/1/90 to 5/31/91]
Page 10 of 10
Corpus Christi, Texas
_( r day of
-rtfp
19( y(
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 f/ollowing vote:
Betty N. Turner ( �i V�
Cezar Galindo /��L
Leo Guerrero ( 1
Tom Hunt (1( —y i
Edward A. Martin (7i -
Joe McComb (1' y
Clif Moss (11,e, -y,
Mary Rhodes (if y
Frank Schwing, Jr. at r ,
045