HomeMy WebLinkAboutC2025-077 - 5/13/2025 - Approved t
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LEASE
THIS LEASE AGREEMENT is made and entered into by and between the City of Corpus
Christi,a Texas home-rule municipal corporation(hereinafter referred to as"City"),and Jeffrey D.
and Cindy G. Kirby, 13702 North Hillwood Trail, Corpus Christi, Texas 78410 ("hereinafter
referred to as"Lessee").
1. Premises. City leases to Lessee 13702 Hillwood Trail, Corpus Christi, Texas 78410
("Premises") "AS-IS"with NO WARRANTY OF MAINTENANCE,REPAIR., SECURITY OR
HABITABILITY.
2. Term, The Lease begins on the date of Closing for purchase of the Premises and terminates
on November 30,2025,
3. Payment. Payment shall be due and payable without demand or notice in equal monthly
installments on the first day of each month beginning on the effective date of the Lease. The
monthly rate shall be $500.00 for the Premises. The Lease Payment for the term of the lease
($3000.00)has been paid and received by the City at Closing for purchase of the Premises.
If Lessee terminates the Lease prior to November 30,2025,the Lease Payment shall be refunded to
Lessee for any complete month not occupied after the Closing date.
4. Permitted Uses. The Premises may only be used for residential purposes. Lessee shall not
use or operate any dirt-moving equipment on the premises. Lessee shall not do anything that causes
damage to drainage,water or wastewater infrastructure located on or near the Premises. Lessee may
remove any personal property or features and items of the house and other structures located on the
Premises excluding soil/dirt,existing drainage or utility structures and appurtenances.
5. Move-out Condition. At the time the Lease ends,Lessee will surrender the Premises. If
Lessee leaves any personal property in the Leased premises after Lessee surrenders possession ofthe
Leased Premises,the City may retain such personal property as forfeited property to the City.
6. Utilities. Lessee must pay costs of all gas,electricity,water,wastewater or other utilities
furnished to or used by Lessee on the Premises.
7. Maintenance and Repairs.
a. Lessee must safely maintain the Structures, Buildings, and Utility Services and
regulate their use and occupancy so that there is no hazard or danger to the persons or property on or
at the Premises. Further,Lessee's use and occupancy of the Structures and Buildings must comply
with all applicable federal,state,and local laws,rules,and regulations.
b. Lessee agrees to dispose of all waste in accordance with applicable federal,state and
local laws, rules and regulations and shall not cause pollution of the premises. In the event of
contamination, Lessee covenants to fully indemnify, defend and hold harmless the City, its
officers, agents, representatives, and employees from and against any and all liability, loss,
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damages, claims, demands, suits, and causes of action of any nature whatsoever asserted
against or recovered from City on account of injury or damage caused by pollution.
8. Floodplain. City is not aware that the dwelling you are renting is located in a 100-year
floodplain.Even if the dwelling is not in a 100-year floodplain,the dwelling may still be susceptible
to flooding. The Federal Emergency Management Agency(FEMA)maintains a flood map on its
Internet website that is searchable by address,at no cost,to determine if a dwelling is located in a
flood hazard area.Most tenant insurance policies do not cover damages or loss incurred in a flood.
You should seek insurance coverage that would cover losses caused by a flood.
9. Legal Use. Lessee must not occupy or use or permit any portion of the Premises to be
occupied or used,for any business or purpose which is unlawful,or deemed to be disreputable,or a
nuisance or hazardous.
10, Assignment or Sub-Lease. In accordance with the City Charter of the City of Corpus
Christi,and specifically Article IX of the City Charter,any assignment of this Lease requires prior
approval by ordinance of the City Council. Lessee may not assign this Lease,either in whole or in
part,without the prior written consent of the City Manager or designee. Any attempted assignment
without the prior written consent of the City renders this Lease null and void,
11. Default. If Lessee fails defaults in performing any term,covenant or condition of this Lease,
the City may,after 15 days written notice to Lessee,declare this Lease terminated, and City staff
j may immediately reenter the Premises and remove all persons without legal process and without
prejudice to any of its other legal rights. Lessee expressly waives (1)all claims for damages by
reason of such reentry and(2)all claims for damages due to any distress warrants or proceedings of
sequestration to recover the rent or possession of the Premises from Lessee. The City may not
declare this Lease terminated if,within 15 days after notice of any default,Lessee fully cures such
default.
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12. Attorney's Fees. In the event Lessee defaults in the performance of any of the terms,
covenants,agreements,or conditions contained in this Lease,and City places the enforcement of this
Lease or any part thereof,or the collection of any rent due or to become due hereunder or recovery
of the possession of the demised premises, in the hands of an attorney, or files suit upon same,
Lessee agrees to pay City reasonable attorney's fees and payment of the same shall be secured in a
like manner as herein provided as to security for rent.
13. Waiver. Failure of City to declare any default immediately upon occurrence thereof or delay
in taking any action in connection therewith shall not waive such default,but City shall have the
right to declare any such default at any time and take such action as might be lawful or authorized
hereunder either at law or in equity.
14. Notice and Addresses.
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a. All notices, demands, requests, or replies provided for or permitted by this Lease
must be in writing and may be delivered by any one of the following methods: (1) by personal
delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt
requested,postage prepaid to the addresses stated below; (3)by email; or(4)by deposit with an
overnight express delivery service at:
If to City: If to Lessee:
City of Corpus Christi Jeffrey and Cindy Kirby
Attn: Director of Engineering Services 13702 Hillwood Trail
P.O.Box 9277 Corpus Christi,Texas 78410
Corpus Christi,Texas 78469-9277
Copy:
City Attorney
1201 Leopard St,50'Floor
Corpus Christi,TX 78401
b. Notice deposited with the United States Postal Service in the manner described above
is deemed effective on the third day after deposit. Notice by overnight express delivery service is
deemed effective one business day after transmission to the overnight express carrier.
C. Either party may change the address to which notice is sent by using a method set out
in this section. Lessee shall notify the City of an address change within 10 days after the address is
changed.
15. Modifications. No changes or modifications to the Lease may be made,nor any provision
waived,unless in writing signed by a person duly authorized to sign agreements on behalf of each
Ply.
16. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee
("Indemnitor")covenants to fully indemnify,defend and hold harmless the City,its officers,
agents,representatives,and employees(collectively,"Indemnitees")from and against any and
all liability, loss, damages, claims, demands, suits, and causes of action of any nature
whatsoever asserted against or recovered from City on account of injury or damage to person
including,without limitation on the foregoing,premises defects,workers'compensation and
death claims, or property loss or damage of any other kind whatsoever, to the extent any
injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way
connected with,either proximately or remotely,wholly or in part: (1)Lessee's performance
under this Lease;(2)Lessee's use of the Premises and any and all activities associated with the
Lessee's use of the Premises under this Lease; (3) the violation by Lessee of any law, rule,
regulation,ordinance,or government order of any kind pertaining,directly or indirectly,to
this Lease;(4)the exercise of rights under this Lease;or(5)an act or omission on the part of
Lessee pertaining to this Lease, regardless of whether the injury, damage, loss, violation,
exercise of rights,act,or omission is caused or is claimed to be caused by the sole,contributing
or concurrent negligence of Indemnitees, or any of them, and including all expenses of
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litigation, court costs, and attorneys' fees, which arise,or are claimed to arise, out of or in
connection with the asserted or recovered incident. Lessee covenants and agrees that,if City is
made a party to any litigation against Lessee or in any litigation commenced by any party,
other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice
regarding commencement of litigation,at its own expense,investigate all claims and demands,
attend to their settlement or other disposition,defend City in all actions based thereon with
legal counsel satisfactory to the City Attorney,and pay all charges of attorneys and all other
costs and expenses of any kind whatsoever arising from any the liability,injury,damage,loss,
demand,claim,or action.
17. Interpretation.
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a. This Lease must be interpreted according to the Texas laws which govern the
interpretation of contracts. Venue lies in Nueces County,where this Lease was entered into and will
be performed.
b. The headings contained herein are for convenience and reference only and are not
intended to define or limit the scope of any provision.
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18. Entire Agreement. This Lease and the exhibits incorporated and attached constitute the
entire agreement between the City and Lessee for the use granted. All other agreements,promises
and representations with respect thereto,unless contained in this Lease,are expressly revoked,as it
' is the parties'intent to provide for a complete understanding within the provisions of the document,
and the exhibits incorporated and attached hereto,the terms,conditions,promises,and covenants
relating to the Premises. The unenforceability,invalidity,or illegality of any provision of this Lease
does not render the other provision unenforceable,invalid,or illegal.
19. Relationship of Parties. This Lease establishes a landlord/tenant relationship,and no other
relationship. This Lease must be construed conclusively in favor of that relationship. In perfornung
this Lease, both the City and Lessee will act in an individual capacity and not as agents,
representatives,employees,employers,partners,joint-ventures,or associates of one another. The
employees or agents of either party may not be,nor be construed to be,the employees or agents of
the other party for any purpose.
20, Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee,
and no third party has any rights or claims under this Lease or against the City.
21. Termination. If this Lease continues after November 30, 2025, this Lease may be
terminated by the City upon 15 days notice to Lessee.
22. Governmental Immunity. This Agreement is to perform a governmental function solely for
the public benefit.
23. Compliance with State and Federal Laws:The following provisions are in this contract for
compliance with state and federal law,and the City does not opine on their validity or enforceability.
Lessee shall bear the entire, sole burden for complying with any of these clauses. Prior to the
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enforcement of any of the following clauses, the City will give at least 30 days notice of alleged
violation thereof and an opportunity for the Lessee to be heard concerning the alleged violation,
effect thereof on the City,and proposed remedial measures:
In accordance with Tex.Gov't Code§2252.909,Lessee must include in each contract for
the construction, alteration or repair of an improvement to this leased property a
condition that the contractor execute a payment bond that conforms to Subchapter I,
Chapter 53,Property Code and a performance bond equal to the amount of the contract
and conditioned on the faithful performance of the contractor's work in accordance with
the plans,specifications and contract documents. Lessee must provide the City with a
notice of commencement at least 90 days prior to start of construction, alteration or
repair that complies with Texas Gov't Code§2252.909.
24. Acknowledgement. The parties expressly agree that they have each independently read and
understood this Lease. By Lessee's execution of this Lease,Lessee acknowledges and understands
that this Lease is not binding on the City until properly authorized by the Council and executed by
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the City Manager or designee.
1 day 1n EXECUTED this y of _�,2025.
LESSEE
Jeffre
Cindy .Kirby
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ' ,2025,by Jeffrey
D. Kirby and Cindy G.Kirby.
o ary ublie,7SWA ,
as
,� JENNIFER$LUSHER
Notary ID 01230824-8
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LESSOR
CITY OF CORPUS/C�HRISTI,TEXAS
JeffY Edmonds(May 14,202519:29 EDT)
Jeff H, Edmonds,P.E.
Director of Engineering Setvices
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ATTEST: ������.z1_c�� •
UTIMIZEO
ERebecca
SY CQUNCIL,._5Zj,3, ,'2 ,_Huerta,CTty:ecre ry i
SWA-TAIL
STATE OF TEXAS §
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COUNTY OF NUECES § {
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This instrument was acknowledged before me on May 14 2025,by
Jeff H,Edmonds,Director of Engineering Services of the City of Corpus Christi,a Texas home-rule
municipal corporation,on behalf of said corporation.
Qobby C.Harrold Jr i
N,Cemm4 1n E.,In� , Type lezi here
t7itOlt826 i
Notary to eaoorsa Notary Pp at o Texas
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APPROVED AS TO LEGAL FORM {
FOR THE CITY ATTORNEY i
Janet Whitehead(Mby 14,202510:11 CDT)
Janet Whitehead,Assistant City Attorney
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