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Home My WebLink About16741 ORD - 12/09/1981sp;ll/16/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR LEASE AGREEMENT FOR GRAZING PURPOSES WITH CHARLES LILE AND G.W. BEARDSLEY FOR A TRACT OF LAND CONSIST- ING OF APPROXIMATELY 35.555 ACRES, BEING LOTS 9 AND 10, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS COMMENCING DECEMBER 1, 1981, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUB- STANTIAL 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 and he is hereby authorized to execute a three-year lease agreement for grazing purposes with Charles Lile and G.W. Beardsley for a tract of land containing approximately 35.555 acres, being Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, at an annual rental rate of $480, commencing December 1, 1981, 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", the lease area being more particularly described as follows: Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts in the City of Corpus Christi, Nueces County, Texas, containing 35.555 acres of land, more or less. 16741 miciFIUM BSEP 2 81984 `�E- 1984 THE STATE OF TEXAS COUNTY OF NUECES T 1 LEASE AGREEMENT (Grazing) THIS AGREEMENT, made and entered into this the day of November , 1981 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City" and Charles Lile and G. W. Beardsley 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 Charles Lile and G. W. Beardsley the following described premises, to -wit: Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts in the City of Corpus Christi, Nueces County, Texas, containing 35.155 acres of land, more or less, and is designated on the map attached hereto, marked Exhibit "A" and made a part hereof; The term of the lease is three (3) years beginning on December 1, 1981 and ending on November 30, 1984,. subject to the following considera- tion, covenants and conditions, to -wit: 1. The Lessee is to pay therefor the following rental: FORTY DOLLARS AND NO CENTS ($40.00 ) 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: CITY OF CORPUS CHRISTI PROPERTY AND LAND ACQUISITION 1801 N. CHAPARRAL CORPUS CHRISTI, TEXAS 78401, and to the attention of Mr. Roman Barrera, 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 contract, including notices to the City, shall be by and to the City Manager or a person designated by him. 5. It is understood that the City reserves the right to use, nr 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'•de- mands immediate possession, then the Lessee agrees to vacate and give possession at any time within . sixty (60 ) days after re- ceipt of notice to vacate. 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 in- jured or destroyed as a result of his grazing operations. 7. The Lessee agrees to pay for all utilities used at the pre- mises being leased by him. S. The Lessee agrees to pay for any 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 operations. 10. At the expiration of the lease agreement, the Lessee shall "Lease Agreement" -Grazing Lile & Beardsley Lots 9,10, Sec 21, FB&EF&CT retain any and all improvements which are erected by the Lessee during the term of the lease agreement. 11. The Lessee agrees that he will take good care of the property and its appurtenances and suffer no wastes and shall keep the said premises in good repair at his own expense and at the end of the ex- piration of the term of this lease, shall deliver up the demised pre- mises 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 the operation of the leased premises. 13. The Lessee shall not permit malt, vinous or alcoholic beverages 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 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 dur- ing 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 forfeited at its discretion, and it, its agents, "Lease Agreement" -Grazing Lile & Breadsley Lots 9.10, Sec 21, FB&EF&GT 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 de- ficiency; 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 in- gress, 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: City of Corpus Christi Property and Land Acquisition 1801 N. Chaparral Corpus Christi, Texas 78401 Mr. Charles Lile and .G. W. Beardsley 3205 Rodd Field Rd. Corpus Christi, Texas 78415 20. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. , "Lease Agreement" -Grazing Lile & Breadsley Lots 9,10, Sec 21, FB&EF&GT WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the day of November , 1981 ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: Bill G. Read Ernest Briones City Secretary Acting City Manager APPROVED AS TO LEGAL FORM THIS 12A DAY OF November , 1981. J. BRUCE AYCOCK, CITY ATTORNEY UA . LJEGEY AssisEanty City Attorney James K. Lontos, P.E. Assistant City Manager ry Lile 'Lease Agreement"•=Crazing ots 9, 10, Sec 21, FB&EF&GT LESSEE G. W. Breadsley LESSEE That the foregoing ordinance was read for he first time and passed to its second reading on this the /ft,day of ,• , 19 gl , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 0 seco d time and passed to its ,19V ,by the That the foregoing ordinance woo read for third reading on this the o?S day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the forego' ordinance wa , ad for the th�,ril time and passed finally on this the day of , 194/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the 9 day of ATTEST: APPROVED /-7 L -DAY J. BRUCE AYCOCK, CI Y ATTORN By MAYO 16741 , 19 P THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, 185: _County of Nueces. J PUBLISHER'S AFFIDAVIT v. 343210 CITY OF C.C. /67e Before me, the undersigned. a Notary Public, this day personally came BILLIE J, HENDERSON , who being first duly sworn, according to law. says that he is the .ACGQINPSIDIG..QLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas,. in said County and State, and that the publication of `, _AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE.... of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the 30th day of NOVEMBER .. 19... 81 and once each day thereafter for... --._one consecutive day ..nxie_.._......-Times. 27.06 BILLIE J. HENDERSON Subscribed and sworn to before me this 1 8t day of DECEMBER • LOIS WINN Notary Public, Nueces ounty, Texas N ORD _ ZING THE CITY MAN -1 AGEP TO EXECUTE Al THREE-YEAR LEASE AGREEMENT FOR GRAZ- ING PURPOSES WITH CHARLES LILE AND G,W BEARDSLEY FOR A TRACT OF LAND CON- SISTING OF APPROX• IMATELY 35 555 ACRES, BEING LOTS 9 AND 10, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS COMMENCING DECEMBER 1, 1981, FOR AN ANNUAL RENTAL RATE OF 5480. Was passed by the City Council on 1st Reading on November 18, 1981 and the 2nd Reading on November 25, 1981, The full text of said ordinance Is available to the` public in the Office of the City Secretary Witness my hand this 251 day of November, 1981, • -B111 G Rea City S,ecretar Cdrpus Clx' l 11 Tlxasl atu..ar 1 4L i� 74j, PUBLISHER'S AFFIDAVIT v.342312 CITY OF C.C. • STATE OF TEXAS, County of Nueces. Before me, the undersigned a Notary Public, this day personally came ........ _... BILLIE J. HENDERSON who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, -in said County and State, and that the publication of AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE... - _ — CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in CHRISTI -••- --------•-- on the 23rd day of 19 -_ -- 19 81.., and once each dad_. thereafter for...... one _____. consecutive one . day .Times. Subscribed and sworn to before me this BILLIE J. HENDERSON 25th day of Notary NOVEMBER 19.81._..... 7rc, Nueces Coun Texas I 1 • N ORDINANCE AUT IZING THE CITY AGER TO EXECUTE-- A THREE -VAR LEASE AGREEMEkT FOR GRAZ- ING PURPOSES WITH CHARLES LILEiAND G.W. BEARDSLEY FOR A TRACT OF LAND CON- SISTING OF APPROX- IMATELY 35.555 ACRES, BEING LOTS Stand 10, SEC- TION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS COM- MENCING DECEMBER 1, 1981, FOR AN ANNUAL RENTAL RATE OF 5480. Was passed by the City Council on 1st Reading on November 18, 1981. The full text of said' ordinance is available to the public M the Office of the City Secretor/. Witness my hap, this 19th day of Novemberi, 1981. -s-Bill G.Read -City Secretary • carpus COListi, y Texas