HomeMy WebLinkAbout17945 ORD - 11/23/1983TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A FIVE-YEAR GRAZING LEASE WITH
WELTON GORBET ON A 230 -ACRE TRACT ADJACENT TO LAKE CORPUS
CHRISTI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute a
five-year grazing lease agreement between the City of Corpus Christi, Texas, the
Lower Nueces River Water Supply District, and Welton Gorbet on a 230 -acre tract
adjacent to Lake Corpus Christi, 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".
174045
MICROFILMED
RPP 2 8 1484
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Agreement entered into by and among the Lower Nueces River
Water Supply District (hereinafter referred to as "District"), the City of
Corpus Christi (hereinafter referred to as "City"), and
WELTON GORBET
of LIVE OAK County, Texas
(hereinafter referred to as Lessee);
The term Lessor shall refer to the District and/or the CIty.
WITNESSETH:
I
For and in consideration of the rents herein reserved and the
full and faithful performance by Lessee of all the terms and conditions
hereof, District by these presents does lease and demise unto Lessee all of
the following described property situated in Live Oak County, Texas to wit:
Two hundred and thirty (230) acres of land; being all the acreage
of land lying above the 94.0' elevation as determined by the United States
Coastal and Geodetic Survey Datum out of the tract of land described as
follows:
Being a part of the Maria Bridget Kevlin League, and being that
land described in a deed from George R. Dunning, et al, to Lower Nueces
River Water Supply District, being filed for record April 15, 1957, in
Volume 174, pages 353-357, Deed Records of Live Oak County, Texas, to which
reference is herein made for a full description.
This lease is made subject to any and all valid oil, gas and
mineral rights, and any easements or rights of way.
II
In consideration therefore, Lessee promises and agrees to pay to
City, at the City Collections Office, presently located at 319 Mesquite,
Corpus Christi, Texas the sum ofTWENTY-Two & 03/100 Dollars ($ 22.03)
III
This lease is to be for a primary term of five (5) years, said
term to commence upon the final date of execution hereof by all parties, as
evidenced by the date of notary acknowledgement.
At the termination of the original five (5) year term of this
lease, Lessee may extend this lease for an additional five (5) year period
upon the same terms and conditions and at a rental to be determined as
hereinafter provided; provided however that Lessee shall exercise such
option by written notice mailed to Lessor ninety (90) days prior to the
expiration date.
Rental for the option period shall be determined as follows:
The U. S. Department of Labor, Bureau of Labor Statistics
publishes the Consumer Price Index for all Urban Consumers, U. S. City
Average, as seasonably adjusted, for all items, hereinafter referred to as
"Index".
The yearly rental for the option period shall be figured by
multiplying the total yearly rental amount for the initial lease period by
the following: the Index for the month 120 days prior to the expiration
date of the lease divided by the Index for the month in which this lease
commences.
IV
Lessee further covenants and agrees as follows:
The property subject to this lease shall be used for grazing
purposes only;
Hunting is not permitted on the leasehold premises;.
Lessee will maintain all existing fences; and within one year
REPAIR AND REPLACE WHERE NECESSARY
from execution hereof shall all existing fences on the property and
its perimeter;
Said property shall not be subleased nor the lease assigned,
without written permission of the nistrirt anri rite-
12,Jki
V
Lessee covenants and agrees to take good care of the property and
suffer no waste, and to preserve and maintain the present character of the
leasehold, and at the end or termination of the lease term to deliver the
demised premises in good order and condition.
VI
Lessee is or will become familiar with the leased premises,
acknowledges that same are accepted by Lessee in the condition in which
they are now, and that neither the City or District shall be liable to
Lessee or Lessee's agents, employees, invitees or visitors for any damage
to persons or property due to the condition of the leased premises .or
appurtenances thereto which may now exist or hereafter occur. Lessee
accepts the demised premises as suitable for the purpose for which the same
are leased. Lessor assumes all risk of loss, injury or damage of any kind
or nature whatsoever to persons or personal property that may be placed on
said leased premises. Lessee agrees to save and keep harmless the City and
District from all claims and suits growing out of any loss, injury or
damage, including costs of defense.
VII
Lessee agrees to keep in effect during the period of the Lease a
comprehensive general liability insurance policy, with a contractual
liability endorsement, with a combined single limit for bodily injury and
property damage in a minimum amount of one million dollars ($1,000,000)
naming the City of Corpus Christi and Lower Nueces River Water Supply
District as additional insureds.
Lessee agrees to furnish to the City and District and keep
current certificates of all such insurance policies, issued by a reputable
insurance company or companies which shall be licensed to do business in
Texas.
Lessor immediately, or at any time thereafter, may reenter said premises
and remove all persons therefrom without legal process and without
prejudice to any of its other legal rights,and all claims for damages by
reason of such reentry are expressly waived.
IX
In the event Lessee makes default in the performance of any of
the terms, covenants, conditions or agreements contained in the lease, and
Lessor 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 Lessor reasonable attorney's fees.
x
Failure of Lessor to declare any default immediately upon
occurrence thereof, or delay in taking any action in connection therewith,
shall not waive such default, but Lessor shall have the right to declare
any such default at any time.
XI
Any notices under this Lease may be mailed to Lessee at:
STAR ROUTE, BOX 40, SANDIA, TEXAS 78383
XII
If ownership of the leased premises shall pass to the City of
Corpus Christi, this Lease shall remain in full force and effect. Both the
City and District and/or either of them shall have all the rights and
privileges of the Lessor as specified herein.
Executed this Z7 day of &aae&,2_,,__1983.
ATTEST: Lower Nueces River Water Supply District
Executed this al day o0.."-C,tPleA, 1983.
Lessee
APPROVED AS TO LEGAL FORM:
Carol Estes Bray
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on K^7 -.!.r,,
X983, by Don Cox as President of the Board of the Lower Nueces River Water
Supply District on behalf of said District.
Nary Public, State of Texas
My commission expires:
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
1983, by Edward A. Martin as City Manager of the City of Corpus Christi, a
municipal corporation, on behalf of said municipal corporation.
Notary Public, State of Texas
My commission expires:
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
That the foregoing ordinance w read .for
second reading on this the 9 day of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, S
Leo Guerrero
first •t
me ' and pp sed to its
1941.0 , by the
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance read for
third reading on this the �' day of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
•
That the for oin ordi e was read for th third time and passed finally
on this thet, ,r ay of 19 , by the following vote:
Luther Jones Herbert L. Hawkins, Jr. Of
Betty N. Turner Dr. Charles W. Kennedy
David Berlanga, Sr. Joe McComb /'
Leo Guerrero A Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the ,,,?//day of
ATTEST:
second ime and pAl ed to its
_ , 19 3-, by the
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik.
,at 14(
Secretary
reau 19g:
J. BRUCE AYCOCK, CI ATTORN Y
By
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
19
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, IssCounty of Nueces.
AD#41479
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came ........ ..
GRACIE DE LUNA who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY 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
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING...
CALLER -TIMES PUBLISHING CO.
off which the annexed is a true copy, was published in
on the 14tray of November_.19.83-, and once each
consecutive day
One Times.
$ 22.77
GRACIE DE LUNA
Adm. Asst. Sec. 18th
Subscribed and sworn to before me this.. ..... of
da_y,
thereafter for—C1110_...—
November
or___...Q14 ...__..-..
November
19 83
ary Pulflic, 'Nueces County, Texas
EDNA KOSTER
1' ASSA401:04
ORD I NANCE `
ON FIRST READING
AUTHORIZING THE EXE-
cuTION OF A FIVE-YEAR
GRAZING LEASE WITH
WELTON GORBET ON. A
30-ACRE TRACT ADJA-
ENT TO LAKE CORPUS
CHRISTI.
Was passed on first read-
ing by the City Council of
the City. of Corpus Christi,
Texas on the 9th day of
November, 1983. The full
text of said ordinance is
available to the public in
the Office of the City Secre-
tary.
-s-Bill G. Read
City Secretary
Corpus Christi, Texas