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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