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