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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