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HomeMy WebLinkAbout020643 ORD - 04/04/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A GRAZING LEASE AGREEMENT WITH ARTURO BAYARENA FOR A TEN ACRE TRACT OF LAND LOCATED ON HEARN ROAD NORTH OF BROOKLANE DRIVE BETWEEN FIVE POINTS AND CALLICOATE ROAD, AND APPROVING THE RENTAL FEE OF $70 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 grazing lease agreement with Arturo Bayarena for a ten acre tract of land located on Hearn Road north of Brooklane Drive between Five Points and Cal l i coatte Road 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 to take immediate action to preserve and protect public property by expediting the construction of public improvements, 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 shat take effect upon first reading as an emergency measure this the LI -01 day of L: , 19g1 i ATTEST: City Secretary APPROVED: ,5 DAY OF Aft✓. L HAL GEORGE, CITY ATTORNEY By tant City Atto 208JB054.ord CITY OF CORPUS CHRISTI, TEXAS , 1989 20643 tURED LEASE AGREEMENT (Grazing) THE STATE OF TEXAS COUNTY OF NUECES THHIS AGREEMENT, made and entered into this the 24th day of February 19 89 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", WITNESSETH: The City of Corpus Christi, does by these presents lease and demise unto the said Arturo Bayarena the following described premises, to -wit: 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". The term of the lease is eleven (11) months beginning on May 1, 1989 and ending on March 31, 1990. subject to the following conditions, covenants and conditions, to -wit: 1. The Lessee is to pay therefor the following rental: Seventy and no/100 Dollars ($70.00) per month, payable on the first day 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: Hearn Road 10 Acres + CITY OF CORPUS CHRISTI COLLECTIONS SECTION 1201 LEOPARD CORPUS CHRISTI, TEXAS 78469 -a- and to the attention of Ms. Norma Casas, or before the due date. so as to reach Landlord on 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 will 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 pay for any and all fences, barns and any other necessary improvements for his grazing operations. 10. At the expiration of the lease agreement, the Lessee shall "Lease Agreement" -Grazing -b- Hearn Road 10 acres + retain any and all improvements which are erected by the Lessee during the term of the lease agreement. 11. 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 own 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. 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 the operation of 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 dur- ing the term of this lease athis 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. - 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, -c- "Lease Agreement" -Grazing Hearn Road 10 acres + or aLtorney 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. 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 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. 19. 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 Property and Land Acquisition 1201 Leopard Street Corpus Christi, Texas 78469 20. Mr. Arturo Bayarena 3832 Starlight Corpus Christi, Texas 78410 This lease is made and accepted subject to all ad valorem taxes that may be levied and assessed on the hereindescribed land during the term of this lease, the payment of which is hereby assumed by Lessee. 21. By Lessee's execution hereof, Lessee acknowledges that he has read this agreement and understands that this agreement is not binding on City until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. "Lease Agreement" -Grazing -d- Hearn Road 10 acres + By: Executed this day of , 19 . CITY OF CORPUS CHRISTI, TEXAS (Lessor) Juan Garza, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 19'''. By: HAL GEORGE, CITY ATTORNEY Assistant City Attorney /READ THIS INSTRUMENT BEFORE SIGNING/ LESSEE "Lease Agreement" - Grazing Hearn Road 10 acres + -e "EXHIBIT A" LEASE AGREEMENT - GRAZING HEARN ROAD 10 ACRES + 1,64...dre OA. STEVENS WATER Corpus Christi, Texas 414-i day of ar2:, 1989 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we , therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner -t- � David Be rl anga , Sr. Leo Guerrero tp Tom Hunt Edward A. Martin Joe McComb C1 i f Moss aC X, Mary Rhodes Frank Schwing, Jr. 99.045.01 20643