HomeMy WebLinkAbout021157 ORD - 05/07/1991AN ORDINANCE
AUTHORIZING THE RENEWAL OF A ONE YEAR GRAZING LEASE
AGREEMENT WITH ARTURO BAYARENA FOR A TEN ACRE TRACT OF LAND
ON HEARN ROAD, WHICH IS A PORTION OF THE O. N. STEVENS PLANT
PROPERTY, AND APPROVING THE RENTAL FEE OF $70 PER MONTH.
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 renewal agreement with Arturo Bayarena for a ten acre tract
of land on Hearn Road, which is a portion of the O. N. Stevens Plant
property, and approving the rental fee of $70 per month, all as more
fully set forth in the Grazing Lease Agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A."
ORD4: 91091
0211 "c7
MICROFILMED
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PROPERTY AND LAND ACQUISITION DIVISION
THE STATE OF TEXAS
GRAZING LEASE AGREEMENT
[]
COUNTY OF NUECES []
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT, made and entered into this 21st. day of March,
1991 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 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 this lease is
execution of this lease by the
following conditions, covenants
One (1) year commencing upon the
City Manager, and subject to the
and terms, 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
"Grazing Lease Agreement"
Hearn 10 acres
(Bayarena) (1991)
AGRRNP>HRARN91.10A
Page 1 of 8
EX.(JID "A"
or money order for the full amounts will be delivered or mailed to:
City of Corpus Christi
P. 0. Box 9277
CITY HALL - 1201 Leopard Street
Vivian Benavides
Collections Section
Corpus Christi, Texas 78469-9277
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 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 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.
"Grazing Lease Agreement"
Hearn 10 acres
(Bayarena) (1991)
AGRHMT>HRARM91. 10A
Page 2 of 8
6. The 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 all utilities used at the
Premises.
8. The Lessee agrees to pay for
provide continuous access to the
9. The Lessee agrees to pay for
other necessary improvements for
any and all expenses necessary to
Premises.
any and all fences, barns and any
Lessee's grazing operations.
10. The Lessee agrees to clear existing brush from the leased
Premises and to maintain brush control through the existence of the
Lease.
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
immoral purposes and agrees to conform
of Texas, the United States, and all
Manager of the City of Corpus Christi,
the leased Premises.
Premises for any illegal or
to all the laws of the State
rules set out by the City
Texas, for all operations at
"Grazing Lease Agreement"
Hearn 10 acres
(Bayarena) (1991)
ACRSAT>II.ARpg1.10A
Page 3 of 8
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
the 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.
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 attorney 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.
"Grazing Lease Agreement"
Hearn 10 acres
(Bayarena) (1991)
AGRERT>NHARN91.1 OA
Page 4 of 8
17. The Lessee shall fully indemnify, save and hold harmless the
City of Corpus Christi, its officers, employees and agents
[hereinafter called "the INDEMNITEES"] against any and all
liability, damage, loss, claims, demands and actions of any nature
whatsoever on account of personal injuries (including,without
limitation on the foregoing, workers' compensation and death
claims), or property loss or damage of any kind whatsoever, which
arise out of or are in any manner connected with, or are claimed to
arise out of or be in any way connected with, the performance of
this Agreement, unless such injury, loss or damage shall be caused
by the sole negligence of INDEMNITEES. Lessee shall, at Lessee's
own expense, investigate all such claims and demands, attend to
their settlement or other disposition, defend all actions based
thereon and pay all charges of attorneys and all other costs and
expenses of any kind arising from any such liability, damage, loss,
claims, demands and actions.
18. The City shall have the right at any and all times of ingress,
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:
IF TO LESSOR
City of Corpus Christi
P. O. Box 9277
CITY HALL - 1201 Leopard Street
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
THIRD FLOOR [Sonny Garza]
Corpus Christi, Texas 78469-9277
"Grazing Lease Agreement"
Hearn 10 acres
(Bayarena) (1991)
AGRRMI'>URARU91. I0A
Page 5 of 8
IF TO LESSEE
Mr. 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.
"Grazing Lease Agreement"
Hearn 10 acres
(Bayarena) (1991)
AGRHMl>fKAp1i91.10A
Page 6 of 8
WITNESSED the execution hereof in triplicate originals, each
of which is to be considered as an original, this day of
, 1991.
By:
CITY OF CORPUS CHRISTI, TEXAS
Juan Garza, City Manager
LESSOR
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS .7I DAY OF Y)ianI , 1991
By:
j '5( iCl,l'.l li bua
Alison! Gallaway
Assistant City Attorney
LESSEE PLEASE READ THIS INSTRUMENT BEFORE SIGNING
Art Bayarena
LESSEE
"Grazing Lease Agreement"
Hearn 10 acres
(Bayarena) (1991)
AGRRNT>RR4RN91.104
Page 7 of 8
-4 8
"EXHIBIT A"
LI::AsE A;kEF?SENT — CRAZING
HI':ARN ROAD 10 ACRES +
2_
c.y ., e.,,..
O.S. ITIVEM; VAT('
"Grazing
Hearn 10 acres
(Bayarena) (1991)
AGRRMl>RRARR91.1 OA
Page 8 of 8
Lease Agreement"
t nat tie toregoing oAl mance was read for the first time and passed to its second ream thus
the ,r `) day of (tCkc( l , 19 i! ! , by the following vote:
Mary R `lodes (7-c/ y✓j,
Cezar Galindo (91—[.
Leo Guerrero L ,
Betty Jean Longoria t ,
That the foregoing ordin ce was read
this the . °; ) day of /lc7 /t
Mary Rhodes 11/ ,6
Cezar Galindo
Leo Guerrero N_,f,-Qk it,
Betty Jean Longoria 6-01
Edward A. Martin Oil ,
Joe McComb d„/ 1
Dr. David McNichols / 1.
Clif Moss L C-1 1
Mary Pat Slavik ail ,
for th second time and passed to its third reading on
, 1 , by the following vote:
That the r'eg /oing ordinance w
day of4 ,19�
Mary Rhodes ( ti f_,
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
read for the third time and passed finally on this the I —y
, by the following vote:
Cezar Galindo
Leo Guerrero
Betty Jean Longoria £a-).
PASSED AND APPROVED, this the
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of 1M/7(
,19q I .
APPROVED: a.3 DAY OF rnaa , 1941 :
JAMES R. BRAY, JR., INTERIM CITY ATTORNEY
By A (1.,d oyl
044
LI. n tit E
CIM CI'1 F CORPUS CHRISTI
, Assistant City Attorney
021157