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HomeMy WebLinkAbout20033 ORD - 10/27/1987AN ORDINANCE RENEWING AND AMENDING A LEASE TO THE CAMPFIRE GIRLS, INCORPORATED OF 21 ACRES OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES FOR A TERM OF 30 YEARS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. 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 lease agreement with the Campfire Girls, Incorporated for 21 acres of Lake Corpus Christi reservoir land for recreational purposes for a term of 30 years, subject to conditions contained in said agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance; this ordinance shall become effective upon the expiration of sixty (60) days following the date of its final adoption. 07P.048.01 20033 MICROFILMED LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, the City of Corpus Christi, herein referred to as "City," owns certain lands adjacent to its water reservoir located on the Nueces River near the City of Mathis, portions of which land are intermittently used in connection with said reservoir; and WHEREAS, a portion of said reservoir land contiguous to and above the 94' elevation contour has been under lease to the Campfire Girls, Incorporated, herein referred to as "Lessee," pursuant to one certain lease agreement dated September 4, 1957, for a term of thirty (30) years; and WHEREAS, it is the desire of Lessee to renew said lease of such land for a like term, subject to the use of said land by City for reservoir and other public purposes to which City and Lessee agree. NOW, THEREFORE, the City, acting herein by and through its City Manager, heretofore duly authorized by Ordinance of the City Council, for and in consideration of the exchange of the agreements and conditions herein contained, does hereby agree with Lessee as follows: I. The City of Corpus Christi, subject to the reservations set forth in Paragraph II and VII hereof, does hereby lease to The Campfire Girls Inc., the following described land and premises. BEGINNING at a point on the 94 foot contour line, said point bears N 58°- 30' W 295 feet from the most westerly corner of that certain 63.22 acre tract of land conveyed to Lower Nueces River Water Supply District by Lou Ella Wade by Court Decree Cause No. 1729, in the Court of Jim Wells County, Texas; 07P.048.01 THENCE S 58° - 30' E, 295 feet to the said most westerly corner of the afore mentioned 63.22 acre tract for a corner of this tract. THENCE S. 67° - 30' E, 1309 feet to a point for a corner of this tract; THENCE N 22° - 30' E, 477 feet to a point for a corner of this tract; THENCE, N 62° - 39' W, 600 feet to a 3/4 inch iron pipe for a corner of this tract; THENCE S 70° - 04' W, 620 feet to a point for a corner of this tract; THENCE N 56° - 55' W, 102 feet to a point for a corner of this tract; THENCE N 14° - 06' W, 363 feet to a point for a corner of this tract; THENCE N 30° - 45' E, 370 feet to a point in the 94 foot contour line for a corner of this tract; THENCE in a northwesterly direction, following along and with the 94 foot contour line to the place of beginning; Containing approximately 21 acres of land. Said lands, however, shall be subject to the right of the City to use the same as a part of its water works system and to flood said lands or parts thereof by its dam, known as the Wesley Seale Dam, and any improvements, enlargements, reconstructions or replacements of said Wesley Seale Dam, without any right of the Lessee to recover any damage from flood waters or from the operation, repair, construction or maintenance of said structures of said lake. II. This lease shall be subject to the continued use by the City of said lands as a part of its municipal water supply system, including the use thereof for the drilling of water wells and the production of water, gas and other minerals therefrom. This lease shall also be subject to all outstanding agreements heretofore executed by the City, and the uses and activities by the Lessee shall be subject at all times to the uses by the City, its agents and employees of such premises for the municipal purposes for which said property was acquired. Lessee, subject to the foregoing reservations, shall have the right to possess and use the said land for the purposes set forth in Lessee's Charter and shall be for the term of thirty (30) years from the date hereof. IV. It is agreed that the premises herein above described shall be used for no other purposes than for the recreational activities of the Lessee herein, and the activities sponsored by Lessee for the benefit of the public. It is further agreed and stipulated that the Lessee may erect on such premises such buildings as it may desire to erect for the purpose of carrying out and aiding the recreational activities of Lessee provided, however, that no such building shall be erected except in places approved by the City Engineer and the Water Superintendent of the City, and no such building shall be erected that would 07P.048.01 interfere in any manner with the ingress and egress to said property by the City, its agents and employees, in carrying out such municipal purposes for which said land was acquired. Lessee agrees to pay in full, before they become delinquent, all taxes, assessments and liens whatsoever, which may be levied, assessed, charged or imposed upon the leased premises, or any part thereof, at any time during the term of this lease. V. Lessee shall fully indemnify, save and hold harmless the City, its officers, employees, and agents 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. Lessee shall at its 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, damands, and actions. VI. Lessee further agrees, and it is part of the consideration hereof, to obey any and all rules and regulations enacted by the City governing the activities of persons, boats, etc. on the lake adjacent to the land hereby leased, and for the protection of the waters of said lake from contamination as a water supply reservoir of the City of Corpus Christi, Texas. VII. The Lessor reserves all oil, gas and mineral interests, together with the right of ingress and egress for the exploration, development production, transportation and processing the products thereof, in, under, orconcerning said lands or any part thereof, which the City or its assigns have or may have. The Lessor also reserves the right to use said land and premises as an evacuation area in case of a disaster or enemy attack. VIII. At the expiration of the term of this lease, whether at the expiration of the full term 'or if sooner terminated, as herein provided, the Lessee agrees to quit and surrender the said premises in as good state and condition as the reasonable use and wear thereof will permit, and in such case, the Lessee, if it is not in arrears for any rental, may remove all the property owned by it on said leased premises. 07P.048.01 IX. This agreement shall become effective and shall be binding upon and shall inure to the benefit to the parties hereto, there successors, assigns and legal representatives from and after the expiration of sixty (60) days following the date of final adoption by the City Council. IN TESTIMONY WHEREOF the parties hereto have caused these presents to be executed in duplicate on this day of , 19 ATTEST: CITY OF CORPUS CHRISTI LESSOR Armando Chapa, City Secretary Craig A. McDowell, City Manager APPROVED: DAY OF HAL GEORGE, CITY ATTORNEY , 19 By THE CAMPFIRE GIRLS, INCORPORATED Assistant City Attorney LESSEE (Title) THE STATE OF TEXAS § COUNTY OF NUECES § Before me, the undersigned authority, on this day personally appeared , of THE CAMPFIRE GIRLS, INCORPORATED known to me to be the person whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 19 Notary Public for the State of Texas My commission expires: 07P.048.01 THE STATE OF TEXAS § COUNTY OF NUECES § Before me, the undersigned authority, on this day personally appeared Craig A. McDowell, City Manager for the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of , 19 . 07P.048.01 Notary Public for the State of Texas That the foregoing ordinance was read for Vie first lime and passed to its second reading on this the r.QR day of . p(21.'Qa-y PJC), 19g"7 , by the following vote: Betty N. Turner (,c f,,Q, Clif Moss David Berlanga, Sr. Leo Guerrero Frank Mendez That the foregoing ordinance was third reading on this the 91 following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez That the foregoing this the all day Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Ikai T Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong eule aLL1P. read for `�n a,,,-s�e,,c^o'n�d' ntAim�e and passed to its day of '� , 19r7 , by the Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong itJA ayi ordinance was read for the third time and passed finally on of ©c l&P,iJi , 19 A7 , by the following vote: 6b -y Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the a 9 day of ATT ST: ity Secretary AIRED: DAY OF , 19 '7 HAL GEORGE, CITY ATTORNEY 99.044.01 e,t 01.u/v G , 1957. YOR THE C TY OF CORPUS CHRISTI, TEXAS 20033 STATE OF TERAS, County of Nueces. PUBLISHER'S AFFIDAVIT }ss: Ad#54456 City of C C Before me, the undersigned. a Notary Public, this day personally came Deanne D Paltrier who being first duly sworn, according to law, says that he is the Senior Accounting Clerk 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 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING RENEWING AND AMENDING A LEASE publication of TO THE CAMPFIRE Corpus Christi Caller—Times of which the annexed is a true copy, was published in _ on the._..?L day of September 19_ 87 and once each..._daY_`._ '• thereafter for one consecutive day rine Times. 27.60 eanne Pa7.mer Subscribed and sworn to before me this 28 day of September 19 87 Notary P Eugenia .G S, li Nueces County, 6Texas Cortez .30.89 NOTICE OF PASSAGE ORDINANCE ON FIRST RENG RENEWING AND AMENDING A LEASE TO THE CAMPFIRE GIRLS, INCORPORATED OF 21 ACRES OF LANE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PUR- POSES FOR A TERM OF 30 YEARS, PROVIDING FOR AN EFFECTIVE DATE; AND PR N VIDING FOR PUBLICATION. on Wrst as passed a b approved con of the Ci y the pus Christi, Texas on the Corpus day of September, land i 1987 and nc0 the full text of said ordinance is available to the public in the Office of the City Secretary. /0/ Armando Chaps Campus CChris i,Texaas v PUBLISHER'S AFFIDAVIT STATE OF TERAS, }ss: AD#61267 County of Nueces. City of C C '�`! Before me, the undersigned, a Notary Public, this day personallc ams Deanne D. Palmer�~ii •� who being first duly sworn, according, tb�law, saga that he is the Senior Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, Deily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of VOTjQUE..P_A55AGE..DF..D33.RINARCE._QN SFr ED_READINC..RENZIEINC..AND-AMEDIDING.-A-.i.EASE..T10. TliE- of which the annexed is a true copy, was published in ,_.._.Corpus Christi Caller -Times on the._.4 day of October 19.. 8.7, and once each..._. dns_.... thereafter for Jane consecutive do.v._ _.._..ons. Times. 27.60__.._.._..... Deanne D. Palmer Subscribed and sworn to before me this Zbth.._day of....D.ctaber 19 87 Not Public, Nueces County, Tex Eugenia S. Cortez 6.30.89 00293037 .�9 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING RENEWING AND AMENDING A LEASE TO THE CAMPFIRE Iv� �Wy GIRLS, INCORPORATED OF G 21 ACRES OF LAKE CORPUS Vf- CHRISTI P'SERVOIR LAND ca FOR RECREATIONAL PUR- POSES FOR A TERM OF 30 YEARS; PROVIDING FOR AN eLgIt, EFFECTIVE DATE; AND PRO- VIDING FOR PUBLICATION. Was passed end approved x on second reeding by the City ` Council of the City of Corpus E Christi, Texas on the 29th day y of September, 1987 and iha full text of said ordinance le available to the public In the Office of the City Secretary. t Y C • r' tober 4, 1987/139. ,t 11110 'Ce Qlofces f is/ Armando Chep {11 jl City Secretary Corpus Christi, Texas OS 6 4 d STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT ) 4D#41662 rhity of CC Before me, the undersigned, a Notary Public, this day personally came. Deanne -I) Palmer who being first duly sworn, according to law, says that he is the Sgnior Accounting Clerk of the Corpus Christi Caller and The Corpus Christi rimes, •.• Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the,publicition of NbTICE OF PASSAGE OF ORDINANCE #20033 RENEWING AND AMENDING A LEASE TO THE:VP:WIRE GIRLS of which the annexed is a true copy, was published in Cors Christi Caller -Times'" on the 1 day of NOxesi.b.er.. and once each.da.y _thereafter for.nnp consecutive day one Times. $ 26 . 45 Subscribed and sworn to before me this Deannei, 6 __day of November Noti Eugenia 19 87 Foureces County, Texas 6.30.89 NOTICE OF PASSAGE OF ORDINANCE #20033 RENEWING AND AMENDING A LEASE TO THE CAMPFIRE GIRLS, INCORPORATED Of 21 ACRES OF LAKE CORPUS • CHRISTI RESERVOIR LAND FOR RECREATIONAL PUR- POSES FOR TERM OF 30 • YEARS; PROVIDING FOR AN EFFECTIVE DATE; AND PRO- VIDING FOR PUBLICATION ., • Nc- P Was passed and approved N on third reading by the City tG Council of the City of Corpus b O Christi, Texas on the 27th day rof October, 1987 and the full text of said ordinance is avail- C ablef y public in the Office of the City / Armand ti /s/ Armando Chapa City Secretary Corpus Chnstl, Texas p