HomeMy WebLinkAbout10684 ORD - 02/02/197211 -11 -71 RS:mc
AN ORDINANCE
AN ORDINANCE AUTHORIZING AND DIRECTING'THE CITY MANAGER
TO EXECUTE A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI
ROTARY CLUB, A COPY OF WHICH IS ATTACHED HERETO AND MARKED
EXHIBIT "A" AND INCORPORATED HEREIN FOR ALL PURPOSES,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT
WATH THE ,.WES.T .CORPUS CHRISTI .ROTARY CLUB ,OF_CQRFUS CHRISTI, TEXAS, LEASING
UNTO THE SAID WEST CORPUS fC�HRISTI ROTARY CLUB, THE FOLLOWING DESCRIBED PREMISES:
AN AREA 300' BY YOO'1, FROM TRACT B, NUECES VIEW TRACT, RECORDED
IN VOLUME 28, PAGE 64, I`IUECES COUNTY PLAT RECORDS, THE SAME
AREA MORE PARTICULARLY DESCRIBED BY THE FOLL01rING METES AND
BOUNDS: FROM THE CENTER LINE OF MCKENZIE ROAD, A DISTANCE
ALONG THE CENTER OF ALLISON DRIVE OF 9181, MORE OR LESS, TO
A 2" PIPE LOCATED UPON THE APPROXIMATE RIGHT -OF -WAY LINE
(WEST) OF ALLISON DRIVE, FOR A PLACE OF BEGINNING, THENCE $00'
NORTHWEST TO A 2" PIPE, THENCE 300' NORTHEAST TO A 2" PIPE,
THENCE 400' SOUTHEAST TO A 2" PIPE ON THE APPROXIMATE RIGHT -
OF -WAY LINE OF ALLISON DRIVE, THENCE 300' SOUTHWEST ALONG ALLISON
DRIVE TO THE POINT OF BEGINNING, ALL OF WHICH BEING A 2.75 ACRE
TRACT OF LAND.
SAID LEASE BEING FOR A TERM OF FIVE (5) YEARS, FOR AND IN CONSIDERATION OF THE
TERMS AND CONSIDERATIONS SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF.
10604
12/15/71
v
LEASE
THE STATE OF TEXAS
COUNTY OF NUECES
1. THIS LEASE AGREEI4ENT IS MADE AND ENTERED INTO ON THIS THE
DAY OF , 1971, BY AND BETWEEN THE CITY OF +CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY11, AND THE WEST CORPUS
CHRISTI ROTARY CLUB, A SERVICE CLUB ACTING AS SPONSORS OF THE BOY SCOUT TROOP,
HEREINAFTER CALLED "LESSEE".
2. THE CITY, FOR VALUABLE CONSIDERATION, DOES BY THIS INSTRUMENT
LEASE UNTO THE LESSEE THE FOLLOWING DESCRIBED PREMISES, TO -WIT:
AN AREA 300' BY 4001 FROM TRACT B, NUECES VIEW TRACT,
RECORDED IN VOLUME 28, PAGE 64, NUECES COUNTY PLAT
RECORDS, THE SAME AREA.MORE PARTICULARLY DESCRIBED BY
THE FOLLOWING METES AND BOUNDS: FROM THE CENTER LINE
OF MCKENZIE ROAD, A DISTANCE ALONG THE CENTER OF
ALLISON DRIVE OF 9181, MORE OR LESS, TO A 2" PIPE LO-
CATED UPON THE APPROXIMATE RIGHT -OF -WAY LINE (WEST) OF
ALLISON DRIVE, FOR A PLACE OF BEGINNING, THENCE 4001
NORTHWEST TO 1A 2" PIPE, THENCE 1f
3001 NORTHEAST TO A 2
PIPE, THENCE 4001 SOUTHEAST TO A 211 PIPE ON THE APPROXI-
MATE RIGHT -OF -WAY LINE OF ALLISON DRIVE, THENCE 3001
SOUTHWEST ALONG ALLISON DRIVE TO THE POINT OF BEGINNING,
ALL OF WHICH BEING A 2.75 ACRE TRACT OF LAND,
FOR A TERM OF FIVE (5) YEARS, SUCH LEASE BEGINNING ON THE DAY OF
1971, AND ENDING FIVE (5) YEARS FROM THAT DATE.
3. IT IS AGREED THAT THE LESSEE MAY CONSTRUCT OR LOCATE ON SUCH
PREMISES, A BOY SCOUT HUT, AT LESS EEIS EXPENSE; PROVIDED, HOWEVER, THAT ANY
IMPROVEMENTS MADE ON THE LEASED PREMISES, INCLUDING ACCEPTABILITY OF THE BOY
SCOUT HUT,
,1 MAY ONLY BE MADE WITH THE KNOWLEDGE AND CONSENT OF THE CITY.
Y. LESSEE AGREES THAT IT WILL AT ALL TIMES MAINTAIN SAID PREMISES,
AND THE IMPROVEMENTS CONSTRUCTED THEREON, DURING THE TERM OF THIS LEASE, IN
A CLEAN AND SANITARY CONDITION, AND AT THE EXPIRATION HEREOF TO RETURN SAID '
PREMISES TO THE CITY IN 0000 CONDITION, REASONABLE USE, WEAR, ACTS OF GOD,
FIRE AND FLOOD EXCEPTED.
5. IT IS AGREED BY LESSEE THAT THE PREMISES AND THE IMPROVEMENTS
CONSTRUCTED THEREON SHALL BE USED ONLY FOR SCOUT- RELATED ACTIVITIES, AND FOR
NO OTHER PURPOSE.
6. LESSEE AGREES TO PAY FOR ALL UTILITIES USED BY IT ON THE PREMISES
LEASED, AND TO MAINTAIN AND OPERATE SAID PREMISES AT ALL TIMES, AT ITS OWN
EXPENSE.
7. LESSEE AGREES TO CONFORM AND ABIDE BY ALL RULES REQUIRED OR
SET OUT BY THE CITY MANAGER OF THE CITY OF CORPUS CHRIST 1, TEXAS FOR THE
OPERATION AND MAINTENANCE OF THE LEASED PREMISES.
8. LESSEE AGREES TO PARTICULARLY COMPLY WITH AND FULFILL ALL OF
THE REQUIREMENTS OF THE ORDINANCES OF THE CITY OF CORPUS CHRISTI TEXAS,
APPLICABLE TO THESE PREMISES AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE
HEALTHY FIRE AND POLICE DEPARTMENTS FOR THE CORRECTION, PREVENTION AND ABATE-
MENT OF NUISANCES AND /OR HAZARDS INS UPON, OR CONNECTED WITH THESE PREMISES
DURING THE TERM OF THIS LEASES AT ITS OWN EXPENSE.
9. LESSEE AGREES TO HOLD THE CITY OF CORPUS CHRISTI HARMLESS FROM
ANY AND ALL CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY ARISE
INCIDENT TO THE USE OF THE LEASED PREMISES. IT IS THE INTENTION OF THE PARTIES
HERETO THAT THE LESSEE SHALL INDEMNIFY AND HOLD THE CITY HARMLESS IN CONNECTION
WITH ANY CLAIM WHICH MAY ARISE WHETHER THE SAME IS CAUSED BY THE NEGLIGENCE
OF THE LESSEE OR THE CITY. ,
10. LESSEE AGREES TO PROVIDE PRIOR TO THE SIGNING OF THIS LEASE
A PUBLIC LIABILITY INSURANCE POLICY NAMING THE CITY AS AN ADDITIONAL INSURED,
SUCH POLICY PROVIDING LIMITS OF LIABILITY OF FIVE THOUSAND DOLLARS ($5,000)
COVERAGE FOR PROPERTY DAMAGE, AND ONE HUNDRED THOUSAND DOLLARS /THREE HUNDRED
THOUSAND DOLLARS ($100,000 /$300,000) COVERAGE FOR PERSONAL INJURY LIABILITY
INSURANCES AND SUCH INSURANCE POLICY SHALL BE MAINTAINED IN FULL FORCE AND
EFFECT THROUGHOUT THE TERM OF THIS LEASE.
11. IT IS AGREED THAT THE CITY MAY TERMINATE THIS LEASE AT ANY TINE
DURING THE LIFE OF THIS LEASE WHEN PUBLIC NECESSITY REQUIRES TERMINATION
PROVIDED THAT THIRTY (30) DAYS NOTICE OF SUCH TERMINATION IS GIVEN TO LESSEE.
CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
for
W ST PUS CHRISTI R��'ll U
ATTE ST:
CITY SECRETARY
APPRO D AS T LE FORM:
TY ATTURNEY
t
THAT THE FOREGOING ORDINA WAS READ FOR N E FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THEDAY OF , 197t" , BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK (/
THAT THE FOREGOING ORDINANCE WAS REAA FOR THE S COND•TIME AND PASSED
TO ITS THIRD READING ON THIS THE_iwl DAY OF , 19, , BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE F REGOING ORDINA E WAS READ FOR TH THIRO TIME AND PASSED
FINALLY ON THIS THF��DAY OF 19 � , BY THE FOLLOWING VOTE:
RONNIE SIZEMORE `
CHARLES A. SONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS THE,CX -k' DAY. OF 19 7-zj .
ATTEST:
l `
CITY SECRETARY
APPROVID:
3 "
DAY OF / p� , 19 7 V
0444 CITY ATTORNEY
o
MAYOR
THE CITY OF CO CHRISTI, TEXAS