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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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8112 Starry
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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
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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.
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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
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Page 13 of 14
, 1990.
CAVO DEI. OSO
//// SOUTHSIDE SEWER TREATMENT PLANT SITE
8112 Starry Road
EXHIBIT A
"Residential & Grazing Lease Agreement"
8112 Starry
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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-
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