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HomeMy WebLinkAboutPR 19370: GRAZING LEASE , OLD CANAL R.O.W. P. R. No. 19370 05/05/16 gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRAZING LEASE FOR PROPERTY LOCATED ON PORTION OF LAND REFERRED TO AS "OLD CANAL R.O.W. " WHEREAS, Danny Watson has leased a portion of land referred to as "Old Canal R.O.W. " since 1999; and WHEREAS, the City Council deems it in the best interest of the citizens of Port Arthur to execute a grazing lease with Danny Watson for a portion of land referred to as "OLD CANAL R.O.W. " between 60th and 61st Streets and between Hazel Avenue and Jade Avenue in Port Arthur, a copy of which is attached hereto as Exhibit "A" . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS : Section 1 . That the facts and opinions in the preamble are true and correct. Section 2 . That the City Council hereby authorizes the City Manager to execute a new grazing lease with Danny Watson for property located on the portion of land referred to as "Old Canal R.O.W. " as attached herein as Exhibit "A". s.pr19370 Section 3 . That a copy of the caption of this Resolution be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of May, A. D. , 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers : , NOES: . MAYOR ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 46,i Valecia R. Tizeno oe pit A torney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager s.pr19370 EXHIBIT "A" s.pr19370 LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THIS grazing lease, made by and between the City of Port Arthur, P. 0. Box 1089, Port Arthur, Jefferson County, Texas 77641-1089 (hereinafter called "LESSOR") , and Danny Watson, 2864 61St Street, Port Arthur, Jefferson County, Texas 77641-1089 (hereinafter called "LESSEE") ; for the lease of land (hereinafter referred to as "SAID LAND") grazing purposes. WITNESSETH LESSOR, in consideration of the rents and covenants hereinafter mentioned, does hereby lease unto LESSEE, for a term of five (5) years from 17th day of May, 2016, the following described land in Jefferson County, Texas, owned by the City of Port Arthur. A portion of land referred to as "OLD CANAL R. O.W. " between 60th and 61st Streets and between Hazel Avenue and Jade Avenue in Port Arthur, Texas, more clearly identified as the portion highlighted in yellow on the attached Exhibit "A" . Exhibit "A" is a map identified as PA IOUL, drawing number T156D. For purposes of reference and clarification, Exhibit "A" is hereby attached and made a part of this instrument . Said tract contains approximately seven (7) acres of grazing land. s.grazing lease Watson 1 Excepting and reserving, however, to the LESSOR, its successors and assigns, the right, at any time during the term of this lease, to enter upon said premises for any and all purposes, and the right to use so much thereof as it may require for any public purpose save and except that of grazing, pasturing, and grass-cutting thereon, for which purpose the LESSEE shall have the exclusive use of said land during the continuance of this Agreement . And in consideration of this lease, LESSEE binds itself to the following terms and conditions: 1 . LESSEE shall pay in advance $1 . 00 per acre, per year. All lease payments are due at the initiation of the Lease. 2 . LESSEE, shall use the demised property for only grazing, pasturing, and grass-cutting and for no other purpose; it being expressly understood in this connection that all of the demised premises are now located within the corporate limits of the City of Port Arthur, Texas, and LESSEE shall not hunt or permit his family, servants, agents, employees, invitees, or others to hunt on any part of the demised property, and it being further understood that, without written permission having first been obtained from LESSOR, s.grazing lease_watson 2 LESSEE shall not cut or allow to be cut any hardwood or pine trees on any part of the demised property without permission of the LESSOR. LESSEE shall not construct or place any structures on the land unless and until it receives the written approval of the City Manager. Any such structure placed on the land will remain the property of the City. 3 . This easement is subject to all liens, claims, encumbrances, rights, privileges, easements, or right- of-ways heretofore granted or existing, whether recorded or not and is also subject to any outstanding interest in the underlying fee to such rights, including, without limitation, any deeds of trust or other liens . 4 . LESSEE has inspected said land and agrees to accept same in its present condition, "as is", with all faults, known or unknown, LESSOR does not make any representations or warranties concerning the property, and LESSOR hereby expressly disclaims any and all representations or warranties, express, implied or arising by operation of law, including, without limitation, representations regarding the habitability or fitness for a particular purpose of the land. s.grazing lease watson 3 LESSOR does not make any warranty that this land is fit for grazing. LESSEE agrees that under no circumstances shall LESSOR ever be required to clean up, remove, or take any remedial action or other response with respect to any substances that may be present on, in, or under the land, or any conditions relating to the land. LESSEE, for itself and its successors and assigns, hereby expressly releases and discharges LESSOR, its agents, employees, successors, and assigns from any and all claims for property damage, personal injury or death arising from, or any way related to, the presence of such substances or conditions on the land or LESSEE' S use of the land. 5 . LESSOR reserves the right to sell said land or any part thereof any time with the understanding that all of its privileges and reservations hereunder shall inure to and may be exercised by its vendee and vendees. 6 . LESSEE shall be responsible for installing, maintaining, and repairing all perimeter fences and keeping all buildings, if any, such as barns and sheds, in good repair on said land. 7 . LESSEE agrees to maintain the vegetation by grazing or to cut tall weeds and brush from the property at times s.grazing lease watson 4 to be approved by LESSOR in accordance with all applicable laws, rules, regulations, and ordinances . 8 . LESSEE shall not start, nor maintain, a fire upon the property, nor permit the starting, nor maintaining of one thereupon by any member of his family, his agents, guests, or invitees . 9 . LESSEE shall not assign this lease or sublet the premises or any part thereof without the prior written consent of LESSOR; and it is agreed that any assignment or subletting without such prior written consent, whether by operation of law or otherwise, shall be void and of no effect. 10 . LESSEE AGREES TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS LESSOR FROM AND AGAINST ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, SUITS OR OTHER LITIGATION, TOGETHER WITH ANY ATTENDANT COSTS, EXPENSES, AND DAMAGES (INCLUDING ATTORNEY' S FEES) BY WHOMSOEVER BROUGHT ON ACCOUNT OF PERSONAL INJURIES OR DEATH OR DAMAGE TO PROPERTY, WHETHER ARISING OUT OF NEGLIGENCE ON THE PART OF LESSOR OR OTHERWISE, IN ANY WAY INCIDENT TO OR ARISING OUT OF ANY AND ALL USES BY LESSEE OF SAID LAND. s.grazing lease Watson 5 11 . Upon termination of this Lease, LESSEE shall clean up the premises and otherwise restore them to as good condition as they were in when he took possession. 12 . LESSEE, at LESSEE' S sole cost and expense, shall at all times for so long as this Lease shall remain in effect, obtain and maintain all necessary permits required for LESSEE' S permitted uses of the demised premises and shall fully comply with or cause to be complied with all applicable statutes, ordinances, rules and regulations, including but not limited to, those relating to safety, health, air, and water pollution, of any Federal, State, or Local authority having jurisdiction thereof and shall fully indemnify and save LESSOR harmless from any costs or expenses required for full compliance with any such statute, ordinance, rule, or regulation, as well as any fine or penalties which may be imposed or levied by reason of LESSEE' S failure to comply therewith. 13. This Lease may be terminated at any time by either party upon fifteen (15) days written notice to the other, and return of the unearned portion of rental of LESSEE shall be effected by the LESSOR. Provided further, however, that if LESSEE shall use or attempt s.grazing lease watson 6 to use the demised premises for any purpose or purposes not permitted by the terms hereof which may be in violation of any statute, rule, or regulation of any governmental authority (Federal, State, or Local) LESSOR, at its option, may promptly terminate this Lease, in which event LESSEE shall not be entitled to the return of any unearned portion of rental. Termination, cancellation, or expiration of this shall in no way effect, limit, or impair the indemnity obligations imposed upon the LESSEE as set forth in Section 10 above. 14 . If LESSEE desires any city property to be surveyed in conjunction with this Lease, LESSEE shall notify the City of Port Arthur. LESSEE shall pay all survey costs incurred by the City of Port Arthur. 15 . LESSEE shall maintain the property and keep the grass cut . 16 . LESSEE shall maintain a general liability policy of insurance on the property at all times . The City of Port Arthur shall be named as additional insured on the policy and shall be notified by certified mail, if premiums on the policy are not being paid. Failure to maintain insurance is cause for immediate termination of this Lease by the City of Port Arthur. s.grazing lease_watson 7 17 . LESSOR further reserves the right to terminate this Lease at any time during the term of this Lease with fifteen (15) days notice to LESSEE, should all or part of the leased land be needed or desired by the City of Port Arthur for a public project . SIGNED AND AGREED TO on this the day of May, 2016. WITNESSED BY: LESSEE Danny Watson SIGNED AND AGREED TO on this the day of May, 2016. LESSOR Brian McDougal, City Manager ATTEST: Sherri Bellard, City Secretary s.grazing lease_watson 8 • , , ris a> , _ a, _ co co z. 0 (.,,,EASY . 7-.----- --.. 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