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HomeMy WebLinkAbout19137 ORD - 12/31/1985• AN ORDINANCE AUTHORIZING THE EXECUTION OF A RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. AND MRS. BOBBY KILLOUGH FOR A 26.93 ACRE TRACT OF LAND AT 12930 HEARN ROAD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a residential and grazing lease agreement with Mr. and Mrs. Bobby Killough for a 26.93 acre tract of land at 12930 Hearn Road, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned lease agreement at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 31st day of December, 1985. ATTEST: Q -City Secretary�MA OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF DECEMBER, 1985 Assis ant City Attorney 04P.273.01 19137 MICROFILMED • arMili- RESIDENTIAL AND GRAZING LEASE AGREEMENT Thio contract is made and entered into this day of , 19 , between the City of Corpus Christi, Texas, a,home rule city and municipal corporation under the lewe of the State of Texas, hereinafter referred to as "Landlord", and Bobby Eillough and Sheila Rillough hereinafter referred to as 'Tenant". Where required by the context, "Landlord" also refers to the Landlord's authorized agent or represen- tative, including the Property and Land Acquisition Agent of the City of Corpus Christi, Texas. 1. DEMISED PREMISES, TERM AND RENT. The Landlord hereby leasee to the Tenant a dwelling house and grazing and pasture land situated at 12930 Hearn Road in the City of Corpus Christi, Texas, and being more particularly described as follow: Tract six (6), Westbrook Heights Annex, a Subdivision of the City of Corpus Christi, Texas, as shown by the map or plat thereof recorded in Volume 30, Page 10, Nap Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. and is designated on the map attached hereto, marked Exhibit "A" and made a part hereof; The term of the lease in eleven (11)monthe beginning on January let. 1 , 1986 and ending on November 30 , 1986 . The Tenant is to pay $ 1,000.00 per month; first and last month's rent due at beginning of this lease, and then the $ 1,000.00 rent payable on the first day of each succeeding month, with said rental increasing 10 % over and Page 1 of 12 above the previous rental rate after the eighteenth (18th.) month of occupancy (July 1, 1987) in the event of renewal, upon the following term, conditions, and covenants; 2. PAYMENT OF RENT. The Tenant shall pay each month's rent as it becomes due. Check or money order for the full amounts payable to the CITY OF CORPUS CHRISTI will be delivered or mailed to the Property and Land Acquisition DLviolon, City of Corpus Christi, 1801 N. Chaparral, Corpus Christi, Texas 78401, and to the attention'oE Mr. Roman Herrera, so as to reach Landlord on or before the due date. IF RENT HAS NOT REACHED LANDLORD AT THE ABOVE ADDRESS BEFORE 5:00 P.M. OF THE 5TH, DAY, PAST DUE DATE, LANDLORD MAY TARE IMMEDIATE POSSESSION OF THE PREMISES AS DESCRIBED IN PARAGRAPH 16 BELOW. 3. UTILITIES. The Tenant shall pay all utilities and service bills and fees connected therewith, including but not limited to water, eledtricity, gas, or other power, garbage disposal and pickup, and telephone. Io the case of malfunction of equipment or utilities, or damage by fire, water, or Act of Cod, Tenant shall notify the Landlord immediately and Landlord shall make repairs with reasonable promptness; and rent shall not abate during such periods, except in accordance with Paragraph 24 of this Lease Agreement. 4. REPAIRS. The Tenant shall keep the premises in such repair as the same may be at the commencement of the term or as the same may be improved by Landlord during the continuance thereof, reasonable wear and tear excepted. Tenant accepts the premises as is. Without limitation, Tenant is liable for damage to the premises caused by leaving door or widows open to the elements and for negligent over- flow of water from faucets or pipes, or any other damages caused. "Residential & Grazing Lease Agreement" 12930 Hearn Rd.(Rillough) by Tenant, other occupants, or guests. If proper repairs are not timely made by Tenant, the Landlord may terminate the lease or make the necessary repairs at Tenant's expense. Such reimbursement shall be due when the Landlord makes demand. 5. ALTERATIONS. Tenant shall not make alterations. additions, or improvements (e.g. drilling holes into walls, woodwork, or floors, antenna installations, wall phones, or change of locks) to the demised premises or the building thereon, without the prior written consent of Landlord, and unless otherwise agreed upon in writing, all aterationo, improvements and additions made by Tenant upon the premises, although at his own coat and expense, shall, at the option of the Landlord, remain upon the premises at the expiration of this lease and become the property of the Landlord without other action or process of law. 6. It is understood and agreed that the leased premises are to be used for residential, 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. 7. SUBLETTING. Subletting, assignment or securing a replacement will not be allowed for subject lease. 8. SECURITY DEPOSIT. Tenant has deposited with the Landlord the sum of $500.00 as security for deficiencies in rent payment and for damages, cumula- tive of all other remedies of Landlord therefor. Landlord may withdraw from this deposit from time to time for payment of past due rent and for costs, as determined by Landlord, for repairs not effected by Tenant as well as for cleaning upon vacation of "Residential fi Grazing Lease Agreement" 12930 Hearn Rd(Rtllough) premises by Tenant, reasonable wear and tear excepted. Any unex- pended and unencumbered balance will be refundable to Tenant within 30 days after Tenant surrenders the premises to Landlord. If, as a result of withdrawals, by the Landlord for the above described purposes, the security deposit balance falls below 505 of the amount originally deposited by the Tenant with the Landlord under the Security Deposit Agreement, Tenant shall, within 5 days after written demand is sent by Landlord, execute an additional Security Deposit Agreement for and deposit with the Landlord an amount sufficient to bring the unexpended security deposit balance back up to the amount originally deposited by the Tenant under the original Security Deposit Agreement. Failure to no replenish the unexpended security deposit'balance shall constitute a default. IN ME EVENT TENANT VACATES THE PREMISES WITHOUT GIVING TIIE LAND- LORD SIXTY (60) DAYS WRITTEN NOTICE AS SET FORTH IN PARAGRAPH 15 HEREIN, THE ENTIRE SECURITY DEPOSIT. OR ALL REMAINING PORTION THEREOF, SHALL BECOME ME PROPERTY OF LANDLORD AS PARTIAL PAYMENT FOR THE DAMAGES OF SUCH VACATION. 9. PETS. No pets shall be maintained in the dwelling without Landlord's written consent. 10. USE AND OCCUPANTS OF PREMISES. Tenant shall use the premises exclusively as a private residence and grazing land. The only occupants of the dwelling other than overnight guests Shall be the following] Bobby, Sheila and Windee Eillough 11. LANDLORD'S RICHT OF ENTRY. The Landlord may enter'the property at any reasonable time to inspect, repair or show the premises. "Residential S Grazing Lease Agreement" 12930 Hearn Rd.(Rillough) 12. TENANT MAINTAINS GROUNDS. Tenant agrees to maintain the yard and grounds neatly and in compliance with City ordinances. Failure to fulfill the obligation will give the Landlord the option to terminate the lease or to have the yard and grounds maintained et Tenant's expense. Reimbursement shall be due when Landlord makes demand. 13. NUISANCES, ETC. Neither Tenant nor any occupant shall disturb neighbors, keep dangerous, flammable or explosive materials upon the premises, do any act or permit any nuisance to exist, breach any Tawe or ordinances or do or permit an act or condition likely to damage the reputation of the Landlord. IN CASE OF ANY VIOLATION OF THIS PARAGRAPH. LANDLORD MAY TERMINATE THIS LEASE AGREEMENT UPON TWENTY-FOUR (24) HOURS NOTICE AND TENANT HEREBY WAIVES ALL OTHER RIGHTS AND NOTICES HEREUNDER FOR THE BALANCE OF THE TERM OF THE LEASE AND IF THIS LEASE IS SO TERMINATED. TENANT SHALL IMMEDIATELY THEREAFTER SURRENDER POSSESSION OF THE PREMISES. 14. LIMITATIONS ON LANDLORD'S LIABILITY. The Landlord shall not be liable for any injuries, demages,.or losses to any person or to any property at any time on said premises or buildings from any cause whatever which may arise from the use or the conditions of said premises or building, or from theft, vandalism, ice, wind, water, hall, lightning, rain, snow, smoke, explosions, sonic booms, failure, interruption, or malfunction of utilities, appliances, or gas which may leak into, /sane or flow from any part of said building, or from the pipes or the plumbing of the same or from any other place reported, from any other cause whatsoever, during said term or any renewal thereof. Landlord strongly recommend. that Tenant secure his own insurance to protect himself against all of the above occurrence.. "Residential & Grazing Lease Agreement" 12930 Hearn Rd.(Rillough) 15. NOTICE OF TERMINATION. The Landlord shall have the right to terminate this agreement without cause at any time by giving Tenant sixty (60) days written notice and returning to Tenant any prepaid but unused rent. The Tenant shall have the right to terminate this agreement by giving written notice to Landlord at least Sixty (60) days before the end of the monthly rental period. 16 DEFAULTS BY TENANT. A. Default, Notice, Abandonment. If Tenant fails to promptly pay the rental or any other sums when due, or if Tenant fails to reimburse Landlord for damages, repairs. or plumbing service costa when due. or breaches any of Tenant's other agreements hereunder, is declared incompetent, becomes bankrupt, makes a voluntary assignment for the benefit of creditors, or has a receiver appointed for him, or if any other occupants or guests upon the demised premises materially and/or repeatedly violate this lease agreement or any applicable Federal. State, or Local laws, or if Tenant abandons the premises, then in any such event of default, Landlord shall have the option and right to terminate this tenancy by giving Tenant at least three (3) days notice in writing. (However, no prior written notice shall be required for filing eviction or damage suits for non- payment of rent). Notice may be by mail or personal delivery to the demised premises. Tenant agrees to vacate the demised premises forthwith and relinquish all claim to possession, paying the required rent and leaving the premises in good order, as hereinabove provided. TENANT'S ABSENCE FROM THE DEMISED PREMISES FOR FIVE (5) CONSECUTIVE DAYS WHILE ALL OR ANY PORTION OF THE RENT IS DELINQUENT SHALL BE DEEMED AN ABANDONMENT OF THE PREMISES. "Residential S Crazing Lease Agreement" 12930 Hearn Rd.(Rillough) B. Landlord's Additional Remedies. In addition to any remedy to which the Landlord may be entitled hereunder or by law, and without prejudice thereto, the Landlord, upon any such event of default, shall have the right to do any of the following, without the neceeeity of notice or demand, which is hereby waived by Tenant, and without the neceeeity of any action, in forcible entry and/or detainer, writ, bond, distress warrant, or other judicial process, all of which are also waived by Tenant. If Tenant fails to vacate and relinquish all claim to poaseseion of the demised premises on or before the expiration or termination date. Tenant'e security deposit will be forfeited and Landlord shall beentitled to the reasonable rental value of the premises for the holdover period, plus any damages, plus attorney's fees. C. Contractual Lien, Abandoned Property. THE PROPERTY ON ME PREMISES BELONGING TO TENANT IS HEREBY SUBJECTED TO A CONTRACTUAL LANDLORD'S LIEN IN ADDITION TO ANY STATUTORY LIEN RIGHTS IN ORDER TO SECURE ANY AMOUNTS WH/CH TENANT OWES UNDER THIS LEASE AGREEMENT, INCLUDING THE REASONABLE RENTAL VALUE IF TENANT WILLFULLY HOLDS OVER WITHOUT LANDLORD'S CONSENT. In order to clear premises abandoned as described in this lease agreement, Landlord may enter the premises and remove and store all property of every kind found thereon. Landlord may also impose reaeooable chargee for storing such abandoned or seized property, and may sell same at public sale (subject to any valid security interest) after thirty (30) days written notice of time and place of sale is mailed to Tenant at his last known address. Tenant hereby agrees that any such re-entry or taking of possession of Tenant's property after a default by Tenant shall not consitute any trespass, act of convereion, or other tort on Landlord's part or in anywise render Landlord liable to Tenant. "Residential & Grazing Lease Agreement" 12930 Hearn Rd.(Rillough) r D. Court Costa, Attorney's Fees. If Landlord prevaila in any suit for eviction, possession, collection of rentals„or for unpaid charges or damages, Tenant shall be liable for court costa and reasonable attorneys' fees. E. Interest. All amounts due under the lease agreement shall bear ten per cent (1071 interest per annum from due date. 17. 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 linen injured or destroyed as a result of his grazing operations. 18. MOVEOUT PROCEDURES. Sixty (60) days written notice to Landlord is required. Tenant should arrange with Landlord for prompt inspection, using the MOVEIN (OUT) INVENTORY AND CONDITION FORM. Tenant's necurity deposit will be returned in accordance with the conditions in the attached SECURITY DEPOSIT AGREEMENT. 19. NOTICES. Any notices required under this lease may be given, in writing, to the Landlord by delivering or mailing the notice to the City of Corpus Christi Property Manager's office located at 1801 N. Chaparral, Corpus Christi, Texas 78401, and to the Tenant. by leaving it in the mailbox or posting it upon the front door of said dwelling bonne, or by mailing it to the mailing address of said premises which is 12930 Hearn Road Corpus Christi. Texas. or by mailing it to the Tenant's place of business or employment. 20. EFFECT OF LEASE AGREEMENT. This lease agreement and all of its covenants and provisions shall be binding upon both Landlord and Tenant and their respective "Residential & Grazing Lease Agreement” 12930 Hearn Rd.(Rillough) heirs, successors, representatives and assigns. 21. GENERAL. No oral agreements have been entered into; and thio agreement shall not be modified unless in writing. All of the Tenant's statements in the rental application were relied upon by Landlord in executing this lease agreement, and any misinformation thetlln shall be considered cause for termination by Landlord of Tenant's right of occupancy. In the event of more than one Tenant, each Tenant is jointly and severally liable, for each provision of this lease agreement. Each of the undersigned states that his age is over eighteen (18) years. All obligations are to be performed in Nuecee County, Texas. If commencement of occupancy of the premises is delayed because of construction or prior Tenant's holding over, Landlord shall not be liable to Tenant in shy respect for such delay, and the lease shall remain in force subject to the following conditions: (1) rentals shall be abated on a daily basis during delay, and (2) Tenant may terminate by giving notice in writing to Landlord no later than the third (3rd.) day of delay, whereupon Tenant shall be entitled only to refund of deposit(s). Such conditions shall not apply to cleaning and repair delays. 22. PEACEFUL POSSESSION AND ENJOYMENT BY TENANT. The Landlordagrees that the Tenant shall peaceably hold and enjoy the premises during the said term without any interruption by the Landlord or any person rightfully claiming under him, except as expressly provided by this agreement. 23. DEFAULT BY LANDLORD. The Landlord agrees to: (a) properly maintain hot water, heating plumbing fixtures, and/or air conditioning equipment, if any, and (b) make all reasonable repairs, subject to Tenant's obligation to pay for damages caused by Tenant, other occupants, "Residential & Grazing Lease Agreement" 12930 Hearn Rd.(Killough) or guests. Provided however, there is excepted herefrom any obligation of Landlord to maintain and/or repair the swimming pool. Tenant may maintain, repair and use said pool at hie sole expense if he so elects. 24. FIRE OR OTDER CASUALTY. In case the buildings on the premises or any part thereof shall be damaged by fire or any other unavoidable casualty so that the same shall be thereby rendered partially or fully unfit for use and occupation. then the rent thereby reserved, or a just and proportional part thereof, shall be abated until the premises shall have been duly repaired and restored by the Landlord, said proration of rent to'be determined by the Landlord on a total square footage of the remaining habitable apace in case of partial unfitness or use, or, in case the premises shall be substantially destroyed, then at the election of the Landlord, this agreement may be terminated. 25. WAIVER AND ATTORNEYS' FEES. Acceptance of full or partial payment by Landlord after termination or forfeiture or notice thereof, will not constitute waiver of the termination or forfeiture unless Landlord agrees to such waiver in writing, nor will such payment affect any legal proceedings taken or to be taken by Landlord except to reduce Tenant's obligation to Landlord by the amount of such payment. Waiver by Landlord of any defaulte or breaches by Tenant shell not bar Landlord's rights or remedies in case of continuing or subsequent default or violation by Tenant. If Landlord files suit against Tenant for collection of rentals or to enforce or defend any of the provisions of this lease agreement, Tenant agrees to pay, in addition to his other obligations here- under, all reasonable expenses incurred by Landlord In con- nection therewith, including but not limited to court costa "Residential & Grazing Lease Agreement" 12930 Hearn Rd.(Rlllough) -10- and reasonable attorneys' fees, which shall be secured in like manner as are rentals under this lease agreement. Any suit for the enforcement hereof shall be brought in the courts of Nueces County, Texas, which shall have exclusive venue. 26. EXECUTION OF LEASE AGREEMENT. This lease agreement is executed in-6siaplicate. Attached to each is a SECURITY DEPOSIT AGREEMENT executed simultaneously herewith. A copy of Landlord's rules and regulations, if any, will be furnished when Tenant moves in, or earlier if desired. When the MOVE -1N (OUT) INVENTORY AND CONDITION form is completed after Tenant moves in, both Tenant and Landlord shall retain a copy thereof. 27. INVALID PROVISIONS. If any clause or provision of this lease agreement is illegal, invalid, of unenforceable under present or future law effective during the term of this lease, then and in that event, the remainder of this lease agreement shall not he affected thereby, and in lieu of each such clause or provision, shall be added automatically ea a part of this lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal. valid, and enforceable. 28. SPECIAL PROVISIONS! ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY TENANT. "Residential 6 Grazing Lease Agreement" 12930 Hearn Rd.(Killough) -11- 19 EXECUTED this the day of READ THIS INSTRUMENT BEFORE SIGNING ATTEST: CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin City Secretary City Manager APPROVED: I N� DAY of ,u.DR!` 19S J. BRUCE AYCOCK, CITY ATTORNEY 8y /l..11lJ �Ne Assistant C y Attorney LANDLORD Bpbby K i1 ough Sheila Killen TENANTS TUE STATE OF TEXAS [ COUNTY OF NUECES This instrument vas acknowledged before me on 19 by Edward A. Martin, City Manager of the City of Corpus Christi, Texas„ oa behalf of said City of Corpus Christi, Texas. • Notary Public in and for the State of Texas THE STATE OF TEXAS I COUNTY OF NUECES 1 This instrument was acknowledged before me on 19_ by Bobby Killough and wife, Sheila Killough. Notary Public in and for the State of Texas "Residential & Grazing Lease 'Agreement" 12930 Hearn Rd.(X111ough) -12- SECURITY DEPOSIT ACABEMENT for property located at 12930 Hearn Road November , 19 S5 Landlord hereby acknowledges receipt from Tenant of the sum of $ 500.00 . Said sum is in full or part payment of the total ee- curity deposit required pursuant to the attached Lease Agreement. The purpose of said security deposit is to secure the performance of Tenant's obligations under the attached Lease Agreement, and Landlord is hereby given express permission to co -mingle ouch security deposit with any other property of Landlord. Such security deposit shall be returned to Tenant only after each and all of the following conditions have been fully complied with by Tenant. 1. The full term of the attached Lease Agreement must have ex- pired or been terminated without default by Tenant and Tenant must not have held over. "Holding over", as used in the at- tached Lease Agreement and in this Security Deposit Agreement, is defined as retaining possession of the demised premises after the termination of the Lease Agreement. 2. sixty (60) DAYS' WRITTEN NOTICE MUST HAVE BEEN GIVEN TO LAND- LORD BY LESSEE PRIOR TO DATE OF TERI1DSTION OR EXPIRATION. 3; The term "Sixty (60) Days Written Notice", as used herein and in the attached Lease Agreement shall mean one (1) full calen- dar month in addition to any unexpired portion of a calendar month during which said written notice is received by Tenant or by Landlord. 4. Tenant must have fully paid all charges, damages, and rentals due from Tenant under the terms of the attached Lease Agree- ment. 5. Tenant's forwarding address or addresses must have been left with Landlord. 6. The dwelling, including denignated kitchen appliances, has been cleaned thoroughly. (Note: When Tenant moves out, Tenant is urged to inspect the demised premises with Landlord's representative during normal busineee hours, using the NOVEIN (OCT) MEMORY= CONDITION form.) 7. After inspection by landlord's representative, appropriate charges will be deducted for any unpaid damages or repairs to the demised premises or its contents (beyond reasonable wear and tear); insufficient light bulbs; stickers, scratches, burns, or holes, etc. on the walls, doors, floors, draperies, carpets and/or furniture, etc. A charge of $3:00 per un - returned door or mailbox key will be made. If Tenant fails to clean before moveout, reasonable charges to complete such cleaning shall be deducted. It is hereby agreed and understood that a fixed fee may be retained for special cleaning that must be done commercially or by Landlord's employeee such as carpet cleaning, appliance cleaning, or floor waxing, etc. Said fixed fee is now agreed to be $ N/A . (Omit if inapplicable.) After the above conditions have been complied with by Tenant, the balance of the security deposit will be mailed to Tenant's forwarding address, along with an itemized accounting of any charges or damages no later than thirty (30) days after move - out. TENANT UNDERSTANDS AND RERESY AGREES THAT TENANT SHALL NUP WITHHOLD PAYMENT CF THE LAST MONTH'S RENT, OR ANY PORTION THEREOF, OH GROUNDS THAT THE SECURITY DEPOSIT SERVES AS SECURITY FOR THE UNPAID RENTALS. THE FULL MONTHLY RENT WILL BE PAID ON OR BEFORE THE DUE DAY OF EACH MONTH, INCLUDING THE LAST MONTH OF OCCUPANCY. If Tenant fails to move in after signing the attached Leese Agreement, Landlord may cue for damages incurred (including attorney fees) and Tenant's security deposit will be for- feited in 1011. "Residential 6 Grazing Lease Agreement" SECURITY DEPOSIT AGREEMENT -2a- 12930 Hearn Rd. (R111ough) =EST: CITY OF CORPUS CHEISTI, TEXAS (LANDLORD) By City Secretary City Manager APPROVED: DAY OF NE/4.r , 10C — J. BRUCE AYCOCx, MY ATTORNEY By a) Aseinteut Ci orney C;c1-tuitw_nutt (lb • "Residential & Grazing Lease Agrement" SECURITY DEPOSIT AGREEMENT 12930 Hearn Rd.(Rillough) She la Rillough -3.- TENANTS Corpus Christi, T xas e'5i- day of ,kp�, br , 198S— TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members 'MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed4'y the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19137