HomeMy WebLinkAbout020892 ORD - 03/27/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE YEAR GRAZING LEASE
AGREEMENT WITH ARTURO BAYARENA FOR A TEN ACRE TRACT OF LAND
ON HEARN ROAD, ACQUIRED AS PART OF THE O. N. STEVENS PLANT
EXPANSION PROJECT; 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 grazing lease agreement with Arturo Bayarena for a
ten acre tract of land on Hearn Road, acquired as part of the O. N.
Stevens Plant Expansion project, and approving the rental fee of $70
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.
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 day of
19
ATTEST:
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City Secretary MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED: g DAY OF (c1 av-c k , 19 I L
HAL GEORGE, CITY ATTORNEY
By t' . tS -
Assistant City Attorney
MICROFILMED
10=11
City of
Corpus
Christi
Engineering Services
Property and Land Acquisition Division -
THE STATE OF TEXAS
COUNTY OF NUECES
1
1
LEASE AGREEMENT
[Grazing]
KNOW ALL BY THESE PRESENTS:
T H I S AGREEMENT, made and entered into this the
5th. day of February , 1990 by and between the CITY OF CORPUS
CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY" and
ARTURO BAYARENA of the County of Nueces, State of Texas, hereinafter
called "LESSEE",
WITNESSET H:
The CITY OF CORPUS CHRISTI, does by these presents lease and
demise unto the said ARTURO BAYARENA the following described PREMISES,
to -wit:
See PAGE 2 [legal]
See PAGE 9 [map]
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
Page 1 of 9
i0=12
Approximately 10 acres, more or less, being a part
of an 82.5 acre tract out of the Albert L. Magee
Lands, Gregorio Farias Grant, Nueces County, Texas
and as shown on the attached map by crosshatching
and made a part hereof for all purposes as
"Exhibit A".
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
10=13
The term of the LEASE is One (1) year beginning on April 1, 1990
and ending on March 31, 1991, subject to the following conditions,
covenants and conditions, to -wit:
1. The LESSEE is to pay therefor the following rental:
SEVENTY DOLLARS AND NO CENTS ($70.00) per month, payable on
the first of each month, in advance, for the term of this
LEASE.
Check or money order for the full amounts will be delivered
or mailed to:
CITY OF CORPUS CHRISTI
COLLECTION SECTION
1201 LEOPARD STREET
CORPUS CHRISTI, TEXAS 78469-9277
and to the ATTENTION of MS. VIVIAN BENAVIDES, so as to reach
CITY on or before the due date.
2. It is understood and agreed that the leased PREMISES are to
be used for grazing and pasture land only. The said PREMISES
are not to be used for any other purpose than those herein
specified without the prior written consent of the CITY.
LESSEE agrees that said PREMISES are not to be used for
storage of equipment, motor vehicles, materials of any kind
or other objectionable items.
3. LESSEE agrees not to sublet the leased PREMISES or any
portion thereof without the prior written consent of the
CITY.
4. All action by the CITY in connection with the performance of
this AGREEMENT,including notices to the CITY, shall be by and
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
i0=i4
to the CITY Manager or a person designated by the CITY
Manager.
5. It is understood that the CITY reserves the right to use, or
to sell or lease for a use different from the present use,
all or any part of the PREMISES at any time during the term
of this LEASE. Should the CITY need the property, or should
said PREMISES be sold or leased before the expiration date
hereof and the purchaser or LESSEE not be willing to take
the same subject to this LEASE and demands immediate
possession, then the LESSEE agrees to vacate and give
possession at any time within thirty (30) days after receipt
of notice to vacate.
6. This LESSEE agrees that LESSEE will pay for any and all
damages to any utility lines or equipment located on said
PREMISES which may be incurred by LESSEE'S grazing
operations or to replace all such lines injured or destroyed
as a result of LESSEE'S grazing operations.
7. The LESSEE agrees to pay for allutilities used at the
premises.
8. The LESSEE agrees to pay for any and all expenses necessary
to provide continuous access to the premises.
9. The LESSEE agrees to pay for any and all fences, barns and
any other necessary improvements for LESSEE'S grazing
operations.
10. LESSEE, agrees to clear existing brush from the leased
premises and to maintain brush control throughout the
existence of the LEASE.
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
10=15
11. The LESSEE agrees that LESSEE will take good care of the
PREMISES and its appurtenances and suffer no wastes and
shall keep the said PREMISES in good repair at LESSEE'S own
expense and at the end of the expiration of the term of this
LEASE, shall deliver up the demised PREMISES in as good
order and condition as same are now in, natural wear and
tear and damage from the elements only excepted.
12. The LESSEE agrees not to use said PREMISES for any illegal
or immoral purposes and agrees to conform to all the laws of
the State of Texas, the United states, and all rules set out
by the CITY Manager of the CITY of Corpus Christi, Texas,
for all operations at the leased PREMISES.
13. The LESSEE shall not permit malt, vinous or alcoholic
beverages on the demised PREMISES; and will not permit
smoking in any place where such would be a fire hazard and
will at all times display "No Smoking" signs where
designated by the CITY or the CITY Fire Department.
14. The LESSEE shall promptly execute and fulfill all the
ordinances of the CITY of Corpus Christi applicable to said
PREMISES, and all orders and requirements imposed by the
Health, Sanitation and Police Departments of the CITY, for
the correction, prevention and abatement of nuisances in,
upon, or connected with said PREMISES during the term of
this LEASE at LESSEE'S own expense.
15. The CITY reserves the right to enter said PREMISES at any
time during the existence of this LEASE for the purpose of
inspecting the same in order to determine whether the terms
of said LEASE are being observed and carried out.
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
,0=i6
16. The LESSEE further agrees that in case of any default in any
of the covenants and conditions of this LEASE, the CITY may
enforce the performance thereof in any modes or manner
provided by law; and may declare the LEASE forfeited at its
discretion, and it, its agents, or attorney shall have the
right, without further notice or demand, to re-enter and
remove all persons therefrom, without being deemed guilty of
any manner of trespass and without prejudice to any remedies
for arrears of rent or breach of covenant, or the CITY, its
attorneys or agents, may resume possession of the PREMISES
and re -let the same for the remainder of the term of this
LEASE at the best rent they may obtain, for the account of
the LESSEE, who shall make good any deficiency; and the
CITY (LESSOR) shall have a lien as security for the rent
aforesaid.
17. LESSEE agrees to save and keep harmless the CITY of Corpus
Christi, Texas (LESSOR), from any and all claims or damages
of any nature whatsoever due to any negligence of LESSEE or
their employees in the operation of the leased PREMISES.
18. The CITY shall have the right at any and
ingress, egress and regress on and over
the purpose of conducting and carrying
incident to other activities
19. Any notice
all times of
said PREMISES for
on any business
of the said CITY.
or other communication from either party to the
other in regard to this
sufficiently given if sent by certified
and fees paid addressed to
following address:
AGREEMENT shall be deemed
mail, with postage
the party intended at the
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
10=17
IF TO LESSOR
City of Corpus Christi
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
P.O. Box 9277
Corpus Christi, Texas 78469-9277
IF TO LESSEE
Arturo Bayarena
3832 Starlight
Corpus Christi, Texas 78410
20. This LEASE is made and accepted subject to all ad valorem
taxes that may be levied and assessed on the premises during
the term of this LEASE, the payment of which is hereby
assumed by LESSEE.
21. By LESSEE'S execution hereof, LESSEE acknowledges that
LESSEE 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.
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
0=19
Executed this day of 1990.
CITY OF CORPUS CHRISTI, TEXAS
[LESSOR]
By:
Juan Garza
City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL. FORM THIS 6 DAY OF k,„a..ti , 1990.
By:
HAL GEORGE, CITY ATTORNEY
Assistant;City Attorney
/LESSEE READ THIS INSTRUMENT BEFORE SIGNING/
Arturp' Bayarena
LESSEE
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
d
1 _L\SE ..At;0G1?': AT — LRAIING
II[ARN ROAD 111 ACRES
mll
"Lease Agreement" [grazing]
10 acres - Hearn Road
[Bayarena - 4/1/90 to 3/31/91]
Page 9 of 9
Corpus Christi, Texas
day of , 19
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