HomeMy WebLinkAbout17968 ORD - 12/07/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING
PURPOSES WITH LEROY K. AND PEGGY J. FENTON, FOR A FOUR ACRE
TRACT OF LAND WHICH IS PART OF THE ELLIOTT SANITARY
LANDFILL.
SECTION 1. That the City Manager is hereby authorized to execute a
lease agreement for grazing purposes with Leroy K. and Peggy J. Fenton for a
term of three years for a four acre tract of land which is part of the Elliott
Sanitary Landfill, all as more fully described in the agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A".
17965
"Stp 2 8 lasu
MICROFILMED
THE STATE OF TEXAS X
GRAZING LEASE
COUNTY OF NUECES
EXHIBIT "A"
THIS AGREEMENT, made and entered into this the day of
, 1983 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 ap-
proximately 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, 1983 and ending
on November 30, 1986, subject to the following consideration, covenants
and conditions, to -wit:
1. The Lessee is to pay therefor the following rental:
Forty-five Dollars ($45.00) 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 is to be made out to:
CITY OF CORPUS CHRISTI
and should be delivered or mailed to:
City of Corpus Christi
Property and Land Acquisition Division
1801 N. Chaparral Street
Corpus Christi, Texas 78401,
and to the attention of Roman Barrera, so as to reach Landlord on or be-
fore the due date.
Page 1 of 5
Exb•"A'
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, 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 immediate
possession, then the Lessee agrees to vacate and give possession at any
time within sixty (60) days after receipt 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 in-
curred by his grazing operations or to replace all such lines injured
or destroyed as a result of his grazing operations.
7. The Lessee agrees to pay for all utilities used at the premises
being leased by him.
8. 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 operation.
10. At the expiration of the lease agreement, the Lessee shall re-
tain any and all improvements which are erected by the Lessee during the
term of the lease agreement except where there is breach of contract
"Grazing Lease" 12-1-83/11-30-86
(Fenton) ELLIOTT LANDFILL
Page 2 of 5
by the Lessee in which case the improvements shall be retained by the
City as liquidated damages.
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 or='
dinances 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 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
"Grazing Lease" 12-1-83/11-30-86
-(Fenton) ELLIOTT LANDFILL
Page 3 of 5
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 de-
ficiency; and the City shall have a lien as security for the rent
aforesaid.
17. Lessee agrees to save and keep harmless the City of Corpus
Christi, Texas, 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 con-
ducting 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 bexdeemed 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 Mr. & Mrs. Leroy K. Fenton
Property & Land Acquisition 3401 Olsen
.1801 N. Chaparral Street Corpus Christi, Texas
'Corpus Christi, Texas 78401 78411
20. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED
BY THE CITY CHARTER SHALL BE PAID BY LESSEE.
21. By Lessee's execution hereof, Lessee acknowledges that they
have read this agreement and understand that this agreement is not binding
on City until properly authorized by the City Council and executed by the
City Manager of the City of Corpus Christi, Texas.
"Grazing Lease" 12-1-83/11-30-86
(Fenton) ELLIOTT LANDFILL
Page 4 of 5
WITNESS the execution hereof in duplicate originals, each of which
is to be considered as an original, this the day of
1983.
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF
1983.
J. BRUCE AYCOCK, CITY ATTORNEY
THE CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin,
City Manager
LESSOR
APPROVED:
By James K. Lontos, P.E.
Assistant City Attorney Assistant City Manager
Leroy K. Fenton
Peggy J. Fenton
LESSEES
"Grazing Lease" 12-1-83/11-30-86
(Fenton) ELLIOTT LANDFILL
Page 5 of 5
That the foregoing ordinancemw.s read for a t firstime and p ed to its
second reading on this the day of (,jt f , 19 1 ., by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing th / read for the rm and p/5e, to its
third readingon this the yyff�� dayof p(J �,s�19�,, bythe
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the fore 4q77p�g ordinance
on this the i/l.day of
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
ead fot the Wrd time and passed finally
196, , by the following vote:
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the , day of �iLCLIlJ , 19 410.
ATTEST:
rDAY: f� _
_/r,� DAY OF .(moi , 14.5?):
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
17968
-..1:.4.1...lacleasw. 4
ICE OFt?
--PASSAGE OF
ERDINANCE ON
• SECOND READING
AUTHORIZING THE EXE-
CUTION, OF A LEASE
AGREEMENT FOR GRAZ-
ING PUPOSES WITH
LEROY K. AND PEGGY J.,
FENTON, FOR A FOUR
ACRE TRACT OF LAND
WHICH IS PART OF THE
ELLIOTT SANITARY,
LANDFILL, AND DEf
CLARING AN
EMERGENCY.
Was passed on second
' reading by the City Council
!. of the City of Corpus Chris-
ti, Texas on the 1st day of
December, 1983. The full
text of sald ordinance is
available to the public in
the office of the City Secre-
tary.
-s-Bill G. Read
I City Secretary
Corpus Chr'
ll 9i
STATEt OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
AD#1089
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 PA55iS$...QF...Qi?P.Ii9ANCia..i2N SECONL2_RE&IISAICt__._..._...._......................—
of which the annexed is a true copy, was published in CALLER—TIMES PUBLISHING .
on the
5th day of December 1983.., and once each daX_.. _ thereafter
day
consecutive
One Times.
$ 27.72 GRACIE DE LUNA
Adm. Asst. Sec.
8th December
Subscribed and sworn to before me this..._..._......._.dy of p.. , 19. 83
8 3
Notary ueces County,
EDNA KOSTER