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HomeMy WebLinkAbout020966 ORD - 08/21/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF A ONE-YEAR RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. S. GENE WILSON FOR A 20 ACRE TRACT OF LAND WITH IMPROVEMENTS LOCATED OFF YORKTOWN ROAD ACQUIRED FOR THE SOUTHSIDE SEWER TREATMENT PLANT PROJECT, WITH A RENTAL FEE OF $500 PER MONTH; 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 one-year residential and grazing lease agreement with Mr. S. Gene Wilson for a 20 acre tract of land with improvements located off Yorktown Road acquired for the Southside Sewer Treatment Plant Project, with a rental fee of $500 per month, all as more fully set forth in the residential and grazing 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 residential and grazing 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 firs, reading reading as an emergency measure this the , OS�' day of O ^_��a7 , 19 ' , ATTEST: City Secretary MAYOR .1 THE CITY OF CORPUS CHRISTI APPROVED: i DAY OF , 19 HAL GEORGE, CITY ATTORNEY By Assistant City Attorney ORD-RES\90115 MICROFILMED City of Corpus Christi Engineering Services Property and Land Acquisition Division RESIDENTIAL a n d GRAZING LEASE AGREEMENT THE STATE OF TEXAS 1111t COUNTY OF NUECES 11111[ THIS AGREEMENT, is made and entered into this 23rd. day of July. 1990, between the CITY OF CORPUS CHRISTI, TEXAS, a home rule City and municipal corporation under the laws of the State of Texas, hereinafter referred to as "Landlord", and S. GENE WILSON, hereinafter referred to as "Tenant". Where required by the context, "Landlord" also refers to the Landlord's authorized agent or representative, including the Property and Land Acquisition Division Agent of the City of Corpus Christi, Texas. 1. DEMISED PREMISES, TERM AND RENT. The Landlord hereby leases to the Tenant a residential mobile home, grazing and pasture land, and improvements, situated at 8112 Starry Road in the City of Corpus Christi, Texas and being more particularly described as follows: Lot Fourteen (14), Section Thirty-four (34), Flour Bluff and Encinal Farm and Garden Tracts, in Nueces County, Texas, as shown by the map or plat thereof recorded in Volume A, Pages 41-43, Map Records, Nueces County, Texas. and is designated on the map attached hereto, marked Exhibit "A" and made a part hereof; The term of he lease is one (1) year beginning on September 1, 1990 r and ending on August 31, 1991. The Tenant is to pay $500.00 per month; first month's rent due at the beginning of this lease, and then the $500.00 rent payable on the fifteenth day of each succeeding month. "Residential & Grazing Lease Agreement" 8112 Starry tAGREEMENT:WILSON 1990-199111 Page 1 of 14 2. PAYMENT OF RENT. Ttie Tenant shall pay each month's rent as it becomes due. Check or money order for the tull amounts payable to the City of Corpus Christi will be delivered or mailed to: City of Corpus Christi Finance Department - Collections Vivian Beuavides P. 0. Box 9277 Corpus Christi, Texas 78469-9277 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. ON THE 5TH. DAY PAST DUE DATE, LANDLORD MAY TAKE IMMEDIATE POSSESSION OF THE PREMISES AS DESCRIBED IN PARAGRAPH 15 BELOW. 3. UTILITIES. The Tenant shall pay all utilities and service bills and fees connected therewith, including but not limited to water, electricity, gas, or other power, garbage disposal and pickup, and telephone. In the case of malfunction of equipment or utilities, or damage by fire, water, or Act of God, 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 doors or windows open to the elements and for negligent overflow of water from faucets or pipes, or any other damages caused by Tenant, other occupants, or guests. If property repairs are not timely made by Tenant, the Landlord may terminate the lease or make the "Residential & Grazing Lease Agreement" 8112 Starry liAGREEMENT:WILSON 1990-199111 Page 2 of 14 necessary repairs at Tenant's expense. Such reimbursement shall be due when the Landlord makes demand. 5. ALTERATIONS. Tenant shall not make alternations, 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 alterations, improvements and additions made by Tenant upon the premises, although at Tenant's own cost 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. 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 WITHOUT CITY'S PRIOR WRITTEN CONSENT. 6. SUBLETTING. Subletting, assignment or securing a replacement WILL NOT be allowed for subject lease. 7. SECURITY DEPOSIT. Tenant has deposited with the Landlord the sum of $250.00 as security for deficiencies in rent payment and for damages cumulative 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 premises by Tenant, reasonable wear and tear excepted. Any "Residential & Grazing Lease Agreement" 8112 Starry 1¶AGREEMENT:WILSON 1990-19919 Page 3 of 14 unexpended and unencumbered balance will be refundable to Tenant within 30 days after Tenant surrenders the premises to landlord. lf, as a result of withdrawals by the Landlord for the above described purposes, the security deposit Tenant within balance falls below 50% of the amount originally deposited by the with the Landlord under the Security Deposit Agreement, Tenant shall, five 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 hack up to the amount originally deposited by the Tenant under the original Security Deposit Agreement: Failure to so replenish the unexpended Security Deposit balance shall constitute a default. IN THE EVENT TENANT VACATES THE PREMISES WITHOUT GIVING THE LANDLORD SIXTY (60) DAYS WRITTEN NOTICE AS SET FORTH IN PARAGRAPH 14 HEREIN, THE ENTIRE SECURITY DEPOSIT, OR ALL REMAINING PORTION THEREOF, SHALI. BECOME THE PROPERTY OF LANDLORD AS PARTIAL PAYMENT FOR THE DAMAGES OF SUCII VACATION. 8. PETS. No pets shall be maintained on the premises without Landlord's written consent. 9. 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: S. Gene Wilson, Frida Wilson Terri Wilson Jerry Wilson Larry Wilson 10. LANDLORD'S RIGHT OF ENTRY. The Landlord may enter the property at any reasonable time to "Residential & Grazing Lease Agreement" 8112 Starry 9AGREEMENT:WILSON 1990-1991t Page 4 of 14 inspect, repair or show the premises. 11. 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 at Tenant's expense. Reimbursement shall be due when Landlord makes demand. 12. NUISANCES, ETC. Neither Tenant nor any occupant shall disturb neighbors, keep dangerous, flammable or explosive materials upon the premises, do any ant or permit any nuisance to exist, breach any laws 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 1F THIS LEASE IS SO TERMINATED, TENANT SHALL IMMEDIATELY THEREAFTER SURRENDER POSSESSION OF THE PREMISES. 13. LIMITATIONS ON LANDLORD'S LIABILITY. The Landlord shall not be liable for any injuries, damages, or losses to any person or to any property at any time on said premises or building 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, hail, lighting, rain, snow, smoke, explosions, sonic booms, failure, interruption, or malfunction of utilities, appliances, or gas which may leak into, issue 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 "Residential & Grazing Lease Agreement" 8112 Starry 11AGREEMENT:WILSON 1990-1991t Page 5 of 14 recommends that Tenant secure Tenant's own insurance to protect Tenant against all of the above occurrences. 14. NOTICE OF TERMINATION. Ttie 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. 15. 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 costs 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 guest 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 days notice in writing. (However, no prior written notice shall be required for filing eviction or damage suits for nonpayment 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 tdIIILE ALL OR ANY PORTION OF THE RENT IS DELINQUENT, SHALL BE DEEMED AN ABANDONMENT OF THE FREMISES. "Residential & Grazing Lease Agreement" 8112 Starry ¶AGREEMENT:WILSON 1990-19911 Page 6 of 14 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 necessity of notice of demand, which is hereby waived by Tenant, and without the necessity of any action, in forceable 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 possession of the demised premises on or before the expiration or termination date, Tenant's security deposit will be forfeited and Landlord shall be entitled to the reasonable rental value of the premises for the holdover period, plus any damages, plus attorneys' fees. C. Contractual Lien, Abandoned Property. THE PROPERTY ON THE 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 WHICH 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 reasonable charges 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 Tenant's 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 constitute any trespass, act of conversion, or other tort on Landlord's part or in anywise render Landlord liable to Tenant. "Residential & Grazing Lease Agreement" 8112 Starry 9AGREEMENT:WILSON 1990-199111 Page 7 of 14 D. Court Costs, Attorneys' Fees. If Landlord prevails in any suit for eviction, possession, collection of rentals, or for unpaid charges or damages, Tenant shall be liable for court costs and reasonable attorneys' fees. E. -interest. All amounts due under the lease agreement shall bear ten per cent (10%) interest per annum from due date. 16. NO POLITICAL DISPLAYS. Tenant agrees not to display any political or other signs on the premises or vehicles owned by Tenant or other persons which may be parked upon the premises. 17. OPEN SIDEWALK. if applicable, Tenant agrees to keep sidewalk on front yard open and unobstructed at all times. Violation of this provision is deemed sufficient reason for termination of this lease. 18. MOVEOUT PROCEDURES. Sixty (60) days written notice to Landlord is required. Tenant shall arrange with Landlord for prompt inspection, using the MOVE1N (OUT) INVENTORY AND CONDITION FORM. Tenant's security deposit will be returned in accordance with the conditions in the attached SECURITY DEPOSIT AGREEMENT. "Residential & Grazing Lease Agreement" 8112 Starry 9AGREEMENT:WILSON 1990-1991t Page 8 of 14 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 P. 0. Box 9277 City Hall - 1201 Leopard Street Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION THIRD FLOOR Corpus Christi, Texas 78469-9277 and to the Tenant, by leaving it in the mailbox or posting it upon the front door of said dwelling house, or by mailing it to the mailing address of said premises which is 8112 Starry Road Corpus Christi, Texas 78415 or by mailing it to the Tenant's place of business or employment. 2.0. 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 heirs, successors, representatives and assigns. 21. GENERAL. No oral agreements have been entered into; and this 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 therein 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 "Residential 8 Grazing Lease Agreement" 8112 Starry ",AGREEMENT:WILSON 1990-199111 Page 9 of 14 age is over eighteen (18) years. A11 obligations are to be performed in Nueces 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 any 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, a n d (2) Tenant may terminate by giving a notice in writing to Landlord no later than the third 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 Landlord agrees 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 properly maintain the well water system, hot water system, heating, plumbing fixtures, and/or air conditioning equipment, if any, and make all reasonable repairs, subject to Tenant's obligation to pay for damages caused by Tenant, other occupants, or guests. 24. FIRE OR OTHER 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 occupancy, then the rent "Residential & Grazing Lease Agreement" 8112 Starry "[AGREEMENT:WILSON 1990-199111 Page 10 of 14 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 space 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' EEES. 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 defaults or breaches by Tenant shall 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 Tenant's other obligations hereunder, all reasonable expenses incurred by Landlord in connection therewith, including but not limited to court costs 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. INVALID PROVISIONS. If any clause or provision of this lease agreement is illegal., invalid, or 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 be affected thereby, and in lieu of each such clause or provision, shall be added automatically as part of this lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable "Residential & Grazing Lease Agreement" 8112 Starry 9AGREEMENT:WILSCN 1990-19919 Page 11 of 14 clause or provision as may be possible and be legal, valid and enforceable. 27. SAVE AND HOLD HARMLESS. TENANT shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees and agents [hereinafter called "the Indemnitees"] against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this agreement, unless such injury, loss or damage shall be caused by the sole negligence of Indemnitees. Tenant shall, at Tenant's own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage loss, claims, demands and actions. 28. TENANT'S ACKNOWLEDGEMENT. By Tenant's execution thereof, Tenant acknowledges that Tenant has read this agreement and understands that this agreement is not binding on the City until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. 29. SPECIAL PROVISIONS. 1. Tenant is to remove and retain at the expiration of this lease, all shrubs, plants and trees planted by Tenant during the duration of this lease. 2. All improvements, on the premises are for the sole use of the Tenant and shall not be used for business purposes. "Residential F. Grazing lease Agreement" 8112 Starry 1i AGREEMENT:WILSCN 1990-19911: Page 12 of 14 Executed this day of , 1990. By: CITY OF CORPUS CHRISTI, TEXAS Landlord Juan Garza, City Manager ATTEST: ARMANDO CHAFA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF HAL GEORGE, CITY ATTORNEY By: I I Alison Gallaway, Assistant City Attorney READ THIS INSTRUMENT BEFORE SIGNING ,04 TENANT S. Gene Wilson "Residential & Grazing Lease Agreement" 8112 Starry 11AGREEMENT:WILSON 1990-199111 Page 13 of 14 , 1990. CAVO DEI. OSO //// SOUTHSIDE SEWER TREATMENT PLANT SITE 8112 Starry Road EXHIBIT A "Residential & Grazing Lease Agreement" 8112 Starry 9AGREEMENT:WI.LSON 1990-199111 Page 14 of 14 Corpus Christi, Texas r° / day of 47 A421- , 19 E//C7 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance 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 The above ordinance was passed by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 045 41,46o- 4 1,46 o - e