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HomeMy WebLinkAbout17102 ORD - 06/30/1982AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR GRAZING PURPOSES WITH ARTURO BAYARENA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a lease agreement for grazing purposes with Arturo Bayarena for a tract of land containing approximately 10 acres out of the Gregorio Farias Grant State Abstract #592, for a term of three (3) years beginning on June 1, 1982, all as more fully set forth in the lease agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A." 17102 -SEP 2 8 1984 QEILMED LEASE AGREEMENT (Grazing) THE STATE OFTEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the 28th.day of May 1982 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City" and Arturo Bayarena, of Nueces County, Texas, hereinafter called "Lessee", W ITNESSET H: The City of Corpus Christi, does by these presents lease and demise unto the said Arturo Bayarena, the following described premises, to -wit: (Hearn Roadr10 acres) Being a portion of the Gregorio Farias Grant of five and a fraction leagues, State Abstract No. 592, and being a portion of the 82.5 acre tract acquired by Albert L. Magee by conveyance from the heirs of Mrs. Alice L. Magee, of record in the Deed Records of Nueces County, Texas, in Volume 123, Page 153, reference to which is here made, the premises hereby conveyed being more particularly described by metes and bounds as follows, to -wit: Beginning at a brick set in the ground, the west corner of said 82.5 acre tract for the west corner of this tract; Thence with the northwest line of said 82.5 acre tract N. 36° 07' E., 695.7 feet (250.45) varas for the north corner of this tract; Thence parallel with the southwest line of said 82.5 acre tract S. 54° 58' E., 626.2 feet (225.43) varas for the east corner of this tract; Thence parallel to the first line S. 360 07' W., 695.7 feet (250.45) varas to the southwest line of said 82.5 acre tract, on the northeast line of the old J.C. Hunter Tract, for the south corner of this tract; Thence with said line N. 540 58' W., 626.2 feet (225.43) varas to the place of beginning, the premises hereby conveyed containing ten (10) acres of land, more or less. and is designated on the map attached hereto, marked Exhibit "A" and made a part hereof; The term of the lease is three (3) years beginning on June 1, 1982, and ending on May 31, 1985, subject to the following consideration, covenants and conditions, to -wit: 1. The Lessee is to pay therefor the following rental: Thirty-five Dollars and no cents ($35.00) per month, payable on the first day of each month, in advance, for the term of this lease. mailed to: Check or money order for the full amounts will be delivered or CITY OF CORPUS CHRISTI PROPERTY AND LAND ACQUISITION 1801 N. CHAPARRAL CORPUS CHRISTI, TEXAS 78401, Eyb7r and to the attention of Mr. Roman Barrera, so as to reach Landlord on or before the due date. 2. It is understood and agreed that the leased premises are to be used for grazing and for pasture land only. The said premises are not to be used for any other purpose than those herein specified unless consented to by the City in writing. 3. Lessee agrees not to sublet the leased premises or any portion thereof without the consent of the City in writing. 4. All action by the City in connection with the performance of this contract, including notices to the City, shall be by and to the City Manager or a person designated by him. 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 herein leased land at any time during the term of this lease. Should the City need the property, or should said property 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 de- mands immediate possession, then the Lessee agrees to vacate and give possession at any time within . thirty (30) days after re- ceipt of notice to vacate. 6. This Lessee agrees that he..i11 pay for any and all damages to any utility lines or equipment located on said land which may be incurred by his grazing operations or to replace all such lines in- jured or destroyed as a result of his grazing operations. 7. The Lessee agrees to pay for all utilities used at the pre- mises being leased by him. 8. The Lessee agrees to pay for any and all expenses necessary to provide access to the property being leased. 9. The Lessee agrees to Complete fencing of the 10 acre tract at Lessee's expense; to pay for any sheds, barns, any other improve- ments,or maintenance of all necessary improvements for his grazing "Lease Agreement" -Grazing Arturo Bayarena Hearn Rd/10 acres operations. 10. The Lessee agrees that he will take good care of the property and its appurtenances and suffer no wastes and shall keep the said premises in good repair at his awn expense and at the end of the ex- piration of the term of this lease, shall deliver up the demised pre- mises in as good order and condition as same are now in, natural wear and tear and damage from the elements only excepted. 11. 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 the operation of the leased premises. . 12. 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. 13. 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 dur- ing the term of this lease at his own expense. 14. 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. 15. The Lessee further agrees that in case of any default in any of the covenants andconditions 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, "Lease Agreement" -Grazing Arturo Bayarena Hearn Rd/10 acres 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 de- ficiency; and the City (Lessor) shall have a lien as security for the rent aforesaid. 16. 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. 17. The City shall have the right at any and all times of in- gress, egress and regress on and over said premises for the purpose of conducting and carrying on any bUsiness incident to other activities of the said City. 18, Any notice or other communication from either party to the other in regard to this agreement shall be deemed sufficiently given if sent by certified mail, with postage and fees paid addressed to the party intended at the following address: City of Corpus Christi Mr. Arturo Bayarena Property and Land'Acquisition 4721 Archer 1801 N. Chaparral Corpus Christi, Texas Corpus Christi, Texas 78401 78415 19. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REI_S.Ell_ED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. -d- "Lease Agreement" -Crazing Hearn Rd/10 acres WITNESS the execution hereof in duplicate originals, each of which is to be considered as an original, this the day of , 1982. ATTEST: CITY OF GGRPDS CHRISTI, TEXAS Bill G. Read City Secretary APPROVED AS T7t8AL FORM THIS 4 DAY OF J. BRUCE AYCOCK, CITY ATTORNEY • Assistanty C torney , 1982. By: Edward A. Martin City Manager James K. Lontos, P.E. Assistant City Manager Arturo Bayarena Lease Agreement" -Grazing learn Rd/10 acres LESSEE That the foregoing ordinance was/read for second reading on this the /40 day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky le first time wd passed to its , l9Y1j, by the /7 de That the foregoing ordinance was read for till second time pa sed to its third reading on this the cR25 day of , 19 , by the following vote: ir driLA,0( Luther Jones Betty N. Turner Jack K:-Uumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles -W. Kennedy Cliff Zarsky That the foregoing ordinance wa ead for the tilird time and passed finally on this the .30 day of , 1941_ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the 30 day of ATTEST: Ci y Secretary .mor MAYOR . THE CITY OF CORPUS CHRISTI, TEXAS AppRgIL Ajw,-ig.DAY OF , 1914<r J. BRUCE AYCOCK, CIJY ATTORNgY 17102Rv , 19 2— V 3 8 24 86 PUBLISHER'S AFFIDAVIT ciTY OF C.C. STATE OF TEXAS, t„, County of Nueces. ) 7/Q Before me, the undersigned. a Notary Public, this day personally came LORRAINE CORTEZ , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of', NOTICE OF PASSAGE OF ORDINANCE ON 2IRATE ILEADING, THE CRRPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in on the 21 st day of 19....82 and once each day thereafter for. 014 _ day consecutive one Times. 19.80 Subscribed and sworn to before me this LORRAINE CORTEZci0/2226/01.6 -NUOuNTINT-CIERT-- JUNE 82 .. 24th day of 19 LOIS WINN A4.1;) Notary Public, Nueces County, Texas STi:TEs OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT CITY OF C.C. nioa Before me, the undersigned, a Notary Public, this day personally came LORRAINE MARTINEZ , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of / NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING . of which the annexed is a true copy, was published in THE CORPUS CHRISTI. GALL.ElirTTMFS t2 8 on the._ hday of JUNE 1982 -, and once each day thereafter for one consecutive day one Times. LORRAINE MARTINEZ kmaine, iRROUNTING 'CLERK JULY 1982 Subscribed and sworn to before me this day of EUGENIA, 8. Notary Public, Nueces rgirrseh.v.P.......7variervri7o=vevnixe•Avoix=iirmiert 7:94011C4 OF _PASSAGE OP,' 'ORDINANCE ON SECOND READING,' AUTHORIZING THE CITY MANAGEP TO EX CUTE A LEASE AGRE MENT FOR GRAZING PURPOSES WITH ARTUR BAYARENAI Was passed on second reading by the City Counoll 09 the ci,ty, of Corpus chrIsli, Texas aft the 23rd day o June, 1982, prevloUsly ap- proved on first reading o June 16, 1982. The hill text o said ordinance Is available 9. the public in the Office 09 t City Secretary-- he .5-E1111 G. Read City Secreafar Corpus Chris , - • Texqi en1p1V, r0:16,9 E ORDi A tEa0N,Elv't RST XEADING AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR GRAZING PURPOSES WITH ARTURO BAYA- RENA. Was passed on first read- -alp by the City Council of the City of Corpus Christi, Texas on the 169h day of June, 1982. The 1011 text of said ordi- nance is available 10 0110 pub- lic in the Office of the City Secretry. ' v,.sitiiiilucLI G. Read cyer;