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Home My WebLink About15936 ORD - 12/17/1980D SAN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR LEASE AGREEMENT FOR GRAZING PURPOSES WITH LEROY K. FENTON AND WIFE, PEGGY J. FENTON FOR A TRACT OF LAND CONTAINING APPROXIMATELY 4 ACRES OUT OF LOT 3, SECTION 14, BOHEMIAN COLONY LANDS (BEING A PART OF THE ELLIOTT SANITARY LANDFILL) BEGINNING DECEMBER 1, 1980, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, , TEXAS: SECTION 1. That the City Manager be authorized to execute a three- year lease agreement for grazing purposes with Leroy K. Fenton and.wife, Peggy J. Fenton, for a tract of land containing approximately four acres out of Lot 3, Section 14, Bohemian Colony Lands (being a part of the Elliott Sanitary Landfill) beginning December 1, 1980, all as more fully set forth in.the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". MJCRO JJMED 15936 SIP 271984 LEASE AGREEMENT THE STATE OF TEXAS • COUNTY OF NUECES THIS AGREEMENT, made and entered into this the 1'714 day of /iove—stLe,r- , 19'0 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Leroy K. Fenton and wife, Peggy J. Fenton, of Nueces County, Texas, hereinafter called "Lessee", W ITNESSET H: The City of Corpus Christi,, does by these presents lease and demise unto the said Leroy K. Fenton and wife, Peggy J. Fenton the following described premises, to -wit: A tract of land comprised of approximately four (4) acres (more or less) out of Lot 3, Section 14, Bohemian Colony Lands (being a part of the Elliott Sanitary Landfill) which leased tract is situated off Chapman Ranch Road and is designated on the map attached hereto, marked Exhibit "A", and made a part hereof; For a term of three (3) years beginning December 1, 1980, subject to the following consideration, covenants and conditions, to -wit: 1. The Lessee is to pay therefor the following rental: Thirty Dollars ($30.00) per month, payable on•the first day 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 Property and Land Acquisition, City of Corpus Christi, 1801 N. Chaparral, Corpus Christi, Texas 78401, and to the attention of Roman Herrera, so as to reach Landlord on or before the due date. 2. It is understood and agreed that the leased premises are to be used for 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. 3. Lessee agrees not to sublet the leased premises or any portion thereof without the consent of the City in writing. 4. All action by the City in connection with the performance of this con- tract, including notices to the City, shall be by'and to the City Manager or a person designated by him. -1- 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 herein leased land at any time during the term of this lease. Should the City need the property, or should said property 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 and give possession at to vacate. immediate possession, then the Lessee agrees to vacate any time within sixty (60) days after receipt of notice 6. This 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 grazing operations or to replace all such lines injured or destroyed as a re- sult of his grazing operations. 7. The Lessee agrees to pay for all being leased by him. 8. The Lessee agrees to pay for an utilities used at the premises and all expenses necessary to provide access to the property being leased. 9. The lessee agrees to pay for any and all fences, barns, and any other necessary improvements for his grazing operation. • 10. At the expiration of the lease agreement, the Lessee shall retain any and all improvements which are erected by lease agreement. 11. The Lessee agrees that he will appurtenances, and suffer no wastes, and repair at his own expense, and at the end the lessee during the term of the ake good care of the property and its hall keep the said premises in good 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 ex- cepted. 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 the operation of the eased premises. 13. The Lessee shall not permit malt, vinous or alcoholic beverages on 2- on the demised 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 re- quirements 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 this lease at his 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 for- feited 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 at- torneys 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 agrees to save and keep harmless the City of Corpus Christi, Texas (Lessor), from any and all claims or damages of any nature whatsoever due to any negligence of Lessee or their employees in the operation of the leased premises. 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. -3- WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the C7 -r"( day of %Jo o.„„ L .-- , 1980. 'THE CITY OF CORPUS CHRISTI, TEXAS By ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF , 1980. A.5}. City Atte JAY B. DOEGEY- R. Marvin Townsend, City Manager LESSOR APPROVED: /1,A.07 / o,1,t//y/ (Department/Head) 'Leroy K. Fe ,ice �D/ CL- -f .44:4) v Peggy Jnio,g7 -4- LESSEES EXHIBIT "A" • .- zsa -Zfa c._f -2-- . T.a -f?/.__ 3_i A rrn6;I--/...- _�3 �e��?--- Afag Gree ff=-(/4y That the foregoing ordinance4s s read for first time and assed to its second reading on this the �vtt day of , 194'O , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for third reading on this the /9 day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinan on this the /7 day of Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the /7 day of ATTEST: e econd time awl, passed to its , 19 , by the for the third time and passed finally , 19 ?Co, by the following vote: City Secretary AP_PROj ED: 2-6 DAY OF/i4...,.,..ga.atL./> 19 darO: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci J �torney MAYOR Worn 1 THE CITY OF CORPS CHRISTI, TEXAS 15836