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Home My WebLink About020625 ORD - 03/14/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A TWO-YEAR 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 BY THE CITY STREET DIVISION FOR MATERIAL STORAGE AND APPROVING THE RENTAL FEE OF $240 per month. 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 two-year 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 by the City Street Division for material storage and approving the rental fee of $240 per month, 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. 208JB018. ord 20625 MICROFILMED LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § 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 & 3, Map Records, Nueces County, Texas; To have and hold said premises hereby leased unto Lessee from the first day of January, 1989 for a full term of two (2) years next ensuing to and including the last day of December, 1990. Lessee covenants and agrees to pay to Lessor as rent for the said premises a yearly rental rate of Two Thousand Eight Hundred Eighty Dollars ($2,880.00) payable to Lessor in equal monthly installments of Two Hundred Forty Dollars ($240.00) each, payable an or before the first day of each month for the two year term. "Lease Agreement" RESACA & SAM RANKIN STS. Jan. 1989 $ Dec. 1990 Russo/Stewart to City St. Div. Page 1 of 4 (f& 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. 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 be 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 of 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 "Lease Agreement" RESACA & SAM RANKIN STS. Jan. 1989 1f Dec. 1990 Russo/Stewart to City St. Div. -2- 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 P.O. Box 9277, 3rd. Floor of City Hall Corpus Christi, Texas 78469-9277 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, �-� , 1989. r� LESSOR o n B. Russo, Managing Partner ITY OF CORPUS CHRISTI LESSEE Juan Garza, City Manager "Lease Agreement" RESACA & SAM RANKIN STS. Jan. 1989 1( Dec. 1990 Russo/Stewart to City St. Div. -3- ATTEST: Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM THIS /3 DAY OF o ;1l .lel {.(,yl.0 r , 1989. Hal George, City Attorney By: Assistant City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on January 4th., 1989 by John B. Russo. Notary P••lic in and for the State of6Texas Reynaldo R. Alvarez Notary Public in and for the State of Texas My Commission Expires: 6-30-92 THE STATE OF TEXAS ¶IMF COUNTY OF NUECES t1(11 This instrument was acknowledged before me on this day of , 1989 by Juan Garza, City Manager for the City of Corpus Christi, Texas, a municipal corporation, on behalf of said municipal corporation. 05G.505.03.12 Notary Public in and for the State of Texas Please print, type or stamp name of notary public here My Commission Expires: "Lease Agreement" RESACA & SAM RANKIN STS. Jan. 1989 t Dec. 1990 Russo/Stewart to City St. Div. Page 4 of 4 That the foregoing ordinance second reading on this the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss was �K- That the foregoing ordinance third reading on this the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss was That the foregoing ordinance was this the rday of n�oneFi Betty N. Turner David Berlanga, Leo Guerrero Clif Moss Sr. a 11, a(t,O-C PASSED AND APPROVED, this the 4 read for the first time and passed to its day of Natlli,{(A, 19 , by the Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong read for the time and pa ed to its dayof 19 by the Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 6449 read for thp, �hird time and passed finally on 19 by the following vote: City Secretary APPROVED: 7 DAY OF Fohoro•ury HAL GEORGE, CITY ATTORNEY Astant City Atto 99.044.01 Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong day of 4), e dip Ctt �l , 1 9 . AYSR -4—di THE CITY OF CORPUS CHRISTI, TEXAS 20625 PUBLISHER'S AFFIDAVIT State of Texas, ] City of Corpus Christi County of Nueces ] ss: Ad # 44897 Before me, the undersigned, a Notary Public, this day personally,cam Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refuio, San Patricio, Victoria, and Webb Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCF ON FIRST" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 26th day of February 1989 , and each day thereafter for zero consecutive day(s). one Times 37.80 Subscri Anna Garza Notary Public, Nueces County, Texas My commission expires on 8.25.92 and - Scn1or Accounting ==" to before me this 1st day of March, —N-6-fiaTt OF- ORPINANCE,ON -FIRST READING AUTHORIZING THE - EXECU- TION OF A TWO-YEAR ' LEASE " AGREEMENT WITH a JOHN B..RUSSO'AND THOM- AS W. STEWART FOR .A TRACT OF 'LAND LOCATED At RESACA AND SAM RAN - KIN STREETS. TO 'BE USED BY THE CITY' STREET DIVI- SION FOR MATERIAL STORAGE AND APPROVING k THE RENTAL FEE. OF $240 Was passed and approved on first reading by the City Council of the City of Carpus Christi, Texas on the 21st day I of February, 1989. The full ; text of said ordinance is avail- able to the public in the Office of the City Secretary. s /8/ Armando Chapa City of Corpus Christi 1989. PUBLISHER'S AFFIDAVIT State of Texas, ] City of Corpus Christi County of Nueces ] ss: Ad # 70528 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law` says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval" Hidalgo, Jim Hogg" Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refuio~ San Patricio, Victoria, and Webb Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 5th day of March 1989 , and each day thereafter for zero consecutive day(s). one Times 33.75 Subsc�~��ed and) ~r ' '' e:AeA,LemEzi_ Anna Garza Notary Public" Nueces County, Texas My commission expires on 8.25.92 Senior Accounting Clerk before me this 13th day of March, - -1%8DTICE OF PASSAGE 1989. OF ORDINANCE ON AUTHORIZING THE EXECU- ' L -AGREEMENT WITH AS W: *TEWART FOR A TRACT LAND LOCATED AT RESACA AND SAM RAN - KIN STREETS TO 'BE USED BY THE CITY 'STREET DIVI- SION FOR MATERIAL STORAGE MO APPROVING THE RENTAL FEE OF $240 PER MONTH. - Was passed and approved on second reading by the City Council of the City of Cori:sus Christi, Texas on the 28th day of February, -1989. The full text -of said ordinanceis avail- able to the public -in the Office of the City Secretary. - City Secretary City of Corpus Christi