HomeMy WebLinkAbout19759 ORD - 05/21/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH JOHN B.
RUSSO AND THOMAS W. STEWART FOR A TRACT OF LAND LOCATED AT
RESACA AND SAM RANKIN STREETS TO BE USED FOR STORAGE; 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
lease agreement with John B. Russo and Thomas W. Stewart for a tract of land
located at Rasaca and Sam Rankin Streets to be used by the City for material
storage, 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."
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 at three regular
meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the hd-• day of _._o"
1957 .
ATTEST:
City Secretary
APPROVED:210-
— DAY OF
MAYOR
19 k7
HAL GEORGE, CITY ATTORNEY
05P.096.01
THE CITY OF CORPUS CHRISTI, TEXAS
19759 MICROFILMED
THE STATE OF TEXAS
COUNTY OF NIECES
4
5
LEASE AGREEMENT
THIS LEASE by and between John B. Russo and Thomas W. Stewart, a
partnership, hereinafter called "Lessor" and the City of Corpus Christi, a
municipal corporation and body politic, hereinafter called "Lessee",
WITNESSETH:
For and in consideration of the covenants herein contained on the part of
Lessee to be kept and performed, Lessor does hereby lease and demise unto Lessee _
and Lessee does hereby rent from Lessor the following described premises upon
the terms and conditions herein set forth, to wit:
West 60' of Lots Two (2) through Six (6), all of Lots Seven (7) and
Eight (8), and fractional Lots Nine (9), Ten (10), and Eleven (11),
Block 53, Beach Portion, an addition to the City of Corpus Christi
Texas, as shown by map or plat thereof as recorded in Volume A, pages
2 8 3, Map Records, Nueces County, Texas;
To have and hold said premises hereby leased unto Lessee from the first day
of January, 1987, for a full term of two (2) years next ensuing to and including
the last day of December, 1988.
I.
Lessee -covenants -and agrees to pay to Lessor as rent for the said premises
a yearly rental rate of One Thousand Eight Hundred dollars ($1,800) payable to
Lessor in equal monthly installments of one hundred fifty dollars ($150.00)
each, payable on or before the first day of each month for:the first year of
such term; and a yearly rental rate of one thousand nine hundred eighty dollars
($1,980) payable to Lessor in equal monthly installments of one hundred
sixty-five dollars ($165) each payable on or before the first day of each month
for the second year of such two-year term,
056.505.03.12
"Leese Agreement"
RESACA 8 SAM RANKIN STS.
Jan. 1987 11 Dec. 1988
Russo/Stewart to City St. Div.
Page 1 of 4
II.
Lessee shall pay gas, water, electric power and all utility bills as the
same may become due or chargeable against said premises during the term of this
lease or any extension thereof.
III.
Lessee may make any alterations or additions to the leased premises as
agreed upon by Lessor and Lessee, and all alterations, additions and
improvements when made shall be made at Lessees own expense. All permanent
improvements shall he the property of Lessor and shall remain upon and be
surrendered with the leased premises at expiration of this lease. All portable
and temporary storage buildings, sheds, tool sheds, or other materials or
equipment, storage facilities, security fences, personal property and structures
which do not become permanently affixed to the realty, shall remain property of
Lessee and shall be removed upon expiration of this lease.
IV.
The Lessee covenants and agrees to protect and save harmless the Lessor of
and from any and all claims for injuries to persons or property by reason of any
accident or happening upon the demised premises caused by the act, omission, or
negligence of any employee. agent, or contractor of Lessee.
V.
Lessee shall at the end of the term of this lease, or other termination
thereof, restore the ground to its original state and deliver the leased
premises in good order and condition. The lessee shall keep the grounds
properly graded to prevent any ponding of rain water or to prevent any erosion
.^sof the property due to rainwater runoff.
VI.
This lease may be cancelled at any time by either party by delivery of
thirty (30) days written notice to the other party. Delivery of all notices and
056.505.03.12
"Lease Agreement"
RESACA S SAM RANKIN STS.
Jan. 1987 5 Dec. 1988
Russo/Stewart to City St. Div.
Page 2 of 4
Corpus Christi, Texas
cel /10(. day of
, 1987
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,
99.045.01
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
a
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
- Bill Pruet
Mary Rhodes
_, Mary Pat Slavik
Linda Strong
gitia
19759
lease payments required under this agreement shall be made by a deposit in the
U.S. Mail to the following addresses:
Lessor: John -B. Russo
1123 N. Mesquite
Corpus Christi, Texas 78401
Lessee: City of Corpus Christi
Property and Land Acquisition
1801 North Chaparral
Corpus Christi, Texas
VII.
Lessee will use the premises only for the purpose of storage of street
maintenance and repair equipment, motor vehicles, tools, construction materials
and the stock—piling of materials, and such other items of equipment, materials
and portable buildings used in connection with the business of street
maintenance, repair and construction, which by custom and usage is included in
such business.
VIII.
It is expressly understood and agreed by the parties hereto but for
Lessor's agreement to grant said lease hereunder, that the Lessee's acquisition
of said lease could otherwise only be accomplished by Lessee invoking its power
of eminent domain and, in lieu and recognition thereof, Lessor and Lessee hereby
join in this agreement according to the foregoing terms and conditions.
In testimony whereof, this lease is executed in duplicate on this the
day of , 1987.
050.505.03.12
LESSOR
oyl B. Russo, anaging Partner
CITY OF CORPUS CHRISTI
LESSEE
Craig A. McDowell, City Manager
"Lease Agreement"
RESACA S 5AN RANKIN STS.
Jan. 1987 1i Dec. 1988
Russo/Stewart to City St. Div.
Page 3 of 4
ATTEST:
Armando Chapa, City Secretary
Approved this the 01.-Aday of1987.
Hal George, City Attorney /'
By
Assistant
STATE OF TEXAS
COUNTY OF NUECES
torney
This instrument was acknowledged before me on Aiivol&F 27 , 1987
by John181 Russo.
li. YI
STATE OF TEXAS
COUNTY OF NUECES
State of Texas
My Commission Expires: 5- //_t9
ROMAN BARRERA
Mrcom mFidlm•State of 23'6?
This
This instrument was acknowledged before me on , 1987
by Craig A. McDowell as City Manager of the City of Corpus Christi.
056.505.03.12
Notary Public, in and for the
State of Texas
My Commission Expires:
"Lease Agreement"
RESACA & SAM RANKIN STS.
Jan. 1987 V Dec. 1988
Russo/Stewart to City St. Div.
Page 4 of 4