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Home My WebLink About13133 ORD - 04/14/1976oc:3/9/76 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A FIVE -YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT, LEASING TO SAID PADRE LITTLE LEAGUE A TRACT OR PARCEL OUT OF THE HOLLY ROAD RESERVOIR SITE, MORE FULLY DESCRIBED HEREINAFTER, FOR ESTABLISHMENT AND MAINTENANCE OF A RECREATIONAL AREA, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized and directed to execute a lease agreement with the Padre Little League for a five -year extension of the current lease agree- ment, leasing to said Padre Little League a tract or parcel out of the Holly Road Reservoir Site, said tract or parcel being more particularly described as follows: A tract of land approximately 700' x 320' out of the Northeast corner of the Holly Road Reservoir Site, in the City of Corpus Christi, Nueces County, Texas, as shown on Exhibit "A ", attached hereto and made a part hereof, for establishment and maintenance of a recreational area, all as more fully described in the lease agreement, a substantial copy of which is attached hereto and made a part hereof. SECTION 2. Publication shall be made within six (6) days of each of the first-two readings by publishing in the official publication of the City of Corpus Christi the caption of this ordinance, stating in substance the purpose of the ordinance. 13133 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES Q This Agreement made and entered into this the day of , 1976, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City ", and Padre Little League, Corpus Christi, Texas, hereinafter called "Lessee ":. WITNESSETH: The City of Corpus Christi, Texas, for valuable consideration, does by these presents lease and demise unto the said Lessee, the following de- scribed premises, to -wit: A tract of land approximately 700' x 320' out of the Northeast corner of the Holly Road Reservoir Site, in the City of Corpus Christi, Nueces County, Texas, as shown on Exhibit "A ", attached hereto and made a part hereof. for the term of five (5) years, said lease beginning on the day of 1976, and ending five (5) years from that date, subject to the following conditions, to -wit: 1. The Padre Little League hereby and by these presents agrees to accept said premises as completed, , R M•'r to maintain said premises during the term of this instrument in a clean and sanitary condition, and at the expiration thereof to return said premises to City in as good condition as received, reasonable use, wear, acts of God, fire and flood excepted. 2. No additions or alterations shall be made to the premises with- out the consent of the City in writing; and, if for any reason this lease is cancelled or expires, the Padre Little League shall have the right to move all facilities installed by the League except pipe lines installed on, In or under the land. The City shall have joint use of the property, sub- ject to the right of Lessee to have exclusive control of the area during game and practice sessions. The City may use any of the land as a utility line easement without compensation to Lessee for use of such easement or damage for installation, maintenance, removal or repair of lines in such easement. 3. The City may cancel lease without cause with six (6) months written notice to Lessee or without notice, if needed, for water system purposes. 4. It is the intention of the Padre Little League that the premises shall be for the establishment and maintenance of a recreational area and for no other purpose. S. The Lessee herein shall maintain in good condition and at its awn expense a fence equivalent in height and quality to the present boundary fence as shown on the attached plan. Said fence shall be a six foot chain link fence with barbed wire parapet on top. It is understood that the City of Corpus Christi plans expansion of the adjacent water reservoir, and with 90 day notice Lessee will remove and re- locate at its own expense fences indicated on Exhibit "A" to a point not to exceed 475 feet from the fence parallel to Holly Road. It is further understood that the proposed reservoir expansion land area be restored to its original condition and all foreign materials be removed. With the adjustment of land leased, the Lessee's tract of land will measure approximately 475 feet by 320 feet. Attached Exhibit "B" indicates Holly Road Reservoir expansion beyond 1980. Lessee shall maintain sufficiently strong locks on the present gate to prevent, so far as possible, entry by unauthorized persons. Lessee shall be charged with the responsibility of adequate adult supervision of the premises and will keep the gate closed at all times when the area is not in use and under adult supervision. Lessee shall remove all improvements at the end of the lease term at the expense of Lessee. 6. The Lessee agrees to pay for all utilities used by it on the premises leased by it, or used by any activity sponsored by it. 7. Lessee agrees to conform to all rules set out by the City Manager of the City of Corpus Christi, Texas, for the operation of the leased,premises. - 2 - "NNW B. The Lessee shall promptly execute and fulfill all the ordi- nances of the City of Corpus Christi applicable to said premises and all orders and requirements imposed by the City - Council Health, Sanitation, Fire and Police Departments, for the correction, prevention and abatement of nuisances and /or hazards in, upon, or connected with said premises during the term of this lease at its own expense, and Lessee shall keep the premises free of weeds and rubbish at all times at its own expense. 9. The City shall not be responsible for damages to property or injury to persons which may arise incident to the exercise of the rights and privileges herein granted. Lessee agrees to indemnify and hold harmless the City for any injuries to persons or property occasioned by the unlawful entry into the City Water Reservoir facilities and to place conspicuous signs of warning which will adequately and properly warn persons that tres- passing is forbidden. Lessee agrees that the City has and will take appropriate safeguards for prevention of injury and that it will inform all participants and parents of the potential danger in the City Water Reservoir facilities. 10. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. WITNESSETH the hands of the parties hereto this the day of 1976. ATTEST: City Secretary APPROVED: DAY OF City Attorney ATTEST: CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend City Manager PADRE LITTLE LEAGUE By -= LA ` tr_ � •:,� �" . X tom- rd\k __ _ off. i i � r . ;r`�'_ii'(. ^�. ' ��:`% I+,% 1/' ��L��i `_.1i1�.t.VE��';t'i/1(��'� { \\ #i� ..�•ll ESHIBIT A L:� L N.A.S. R. R. C L? -Sr Existing Fence 12 -5 mg $( h r _12.5mq � 320'± -` 12_ 5 mg i— /2.5 mg J2 -5 mg ( 1Z5mg Y \\ l� �1 EXHIBIT B t i, bO/)5%YuCflOi) eyond 1980 -Fermi 7a,%e con - s7''1-ucted by ll!idce liifle Leasue �Fence to be re,?7ot---d y odr� Lb b t,` P!e' League �0nstruction 6 y 1977 9 • THAT THE FOREGOING ORDINANCSYAS READ THE FI 6T 71ME A PASSED TO ITS SECOND READING ON THIS THE Q FOLLOWING VOTE: DAY OF 19,714 BY THE JASON LUBY DP. BILL TIPTON EDUARDO DE ASES RUTH GILL 808 GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE *AD THAT THE FOREGOING ORDINANC TO ITS THIRD READING ON TNIS HE eECO D TIME AND PASSED THE FOLLOWING VOTE: DAY OF �9J�C,BY THE JASON LUBY DR. BILL TIPTON EDUARDO DE A8E8 RUTH GILL 808 GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE�4A3 FINALLY ON THIS 7NEDAY OF C.+tl%i READ FOR THE T IRD TIME AND PASSED , j9, BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE AGES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, TNI ATTEST: CIT� TAR YED: DAY OF X92: EXEC. ASST. ACITY ATTORNEY � 97G MA OR. WlCITY OF CORPUS CHRISTI, 4 PUBLISHER'S AFFIDAVIT - STATE OF TMS, �sr County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ........ .......... _. .._. Rowena C. Velasquez _ . who being first duly sworn, according to law, says that he is the AGCO. U.[ lurz _ ........ _ .............. _............................. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Legls-- ._,N�TICE_•OF PASSAGE 0'd 2ND RF_ADING OF AN_ORDINANCE: AUTHORIZING AND DI- RECTING THE CITY TO...PADRE LITT AGUE,,. of which the annexed is a true copy, was published in _ ..... ....... G r. on the ... -_. day of......-arch ..... -............ 19.._Z6uw�atx --...__Times. -- __ 17.86 _ (" 4i sque �- �coount'ing Subscribed and sworn to before me this- -- Q ii .�_........day of_.- .. -..... _ arch•- •--••--.................. 19...E Eugenia S. G.or_te.z ... ........ . .•- - -• -�_ �Cc Notary P He, ^4SFlzeces Gounty, Texas I NOTICE OF PASSAGE ON 2ND READING OF AN OROi- NANCE: AUTHORIZING AND Dbi I,RECTING THE CITY MAN- AGER TO EXECUTE A LEASE AGREEMENT WITH THE SION OF THE C L &ASAGREEME ING ID PADS L AGE E A TRA�1 F TH @ESERVOIR SITE, TRACT OF LAND IMORE FULLY DESCRIBED( IN THE LEASE AGREE- ME NIT, A SUBSTANTIAL COPY ATTACHED ANO MADE A PART THEREOF;, ',PROVIDING FOR PUB.� IILICATION 'WAS PASSED en Ilret reading ay the CRY Cautrcll of the City of (Carpus Christ] during the Regu -� kr Council meeting held onI March 10, 1476 at 2:00 p.m., and prorldw that It shall take effect rrom and after Its third and final kaeding and, publication. ISSUED UNDER MY HAND AN SEA of the City of Corpus Christi,: Texas, this 18th day of Wch, 1416. 4-131110. Reed I' BILL G. READ, Cffy Savetary i City of Carpus Chrletl, Texan ((SEAL) 1- -- . 4 PUBLISHER'S AFFIDAVIT STATE OF TEAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came .................... _._.... Rowena „_ ,,,, •Velas,guez .......... ........... who being first duly sworn, according to law, says that he is the AMI. ting .................. ............ of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Lggals,,- .,.NOTICE OF PASSAGE OF FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING.,. PADRE LITTLE LEAGUE... of which the annexed is a true copy, was published in .._ .............. _GDJ_1eZi- 2j,.i0.fl,._ ......... __ on the.26. -._ day of..._.._March ... ............ 19.771, .__..------------------------------------ - i� .............. _..._.. Rowena C elasque - Accounting Subscribed and sworn to before me this........... -1R. -day of ............ Mar.Rkl. ... ...... _.._.._..... 19...Zf? Eugenia S. Cortez i Notary c, Nueces County, Texas A- . . rNOTICE OF PASSAGE On (FIRST READING OF AN OR•. DINANCE' AUTHOR121NG AND DIRECT -'i ING THE CITY MANAGER TO i. EXECUTE A I- E - EASE AGRE -LEAGUE- FORR I I EAI SAID PADRE. LIT TLE LEAGUE A TRACT OR PAR- T CEL OF LAND APPROX- IMATELY 700' x 34 OUT OF THE NORTHEAST CORNER OF THE HOLLY ROAD RES- ERVOIR SITE IN THE CITY OF CORPUS CHRIST L FOR I ESTABLISHMENT AND MAINTENANCE OF A REC- REATIONAL AREA, ALL AS MORE FULLY DESCRIBED !IN THE LEASE AGREE• ,MENT, SUBSTANTIAL COPY ATTACH. 0 THE ORDI- NANCE AND MADE A PART THEREOF ON FILE IN ?HE OFFICE OF THE CITY SEC- RETARY; PROVIDING FOR j PUBLICATION, WAS PASSED on first reading by.the City Council of Me Clty of Cll p- Christil ] during the Regu- lar Counc meeting held on March 10, 1976 at 3:00 p.m., and prorldes that It $hall take affect from and after its third and final reading and publication. ISSUED UNDER MY HAND AND SEAL of the City of Corpus OIrIt1L Texas, this 13th day of March, 1976. "'Bill G. Red Alt I n. READ Cih Secretsm