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Home My WebLink About16374 ORD - 07/08/1981mb; 7/10/81;. 2nd AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT WITH THE PADRE LITTLE LEAGUE FOR AN 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; AND DECLARING AN EMERGENCY. 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 an extension of the current lease agreement, commencing on July 9, 1981 and ending on July 7, 1982 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. The necessity to authorize execution of the aforesaid lease agreement at the earliest practicable date creates a public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordi- nance or resolution shall be read at three several meetings of the City Council, and the Mayor or Council members, having declared that such necessity exists, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and -effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ATTEST: day of July, 1981. Assistant City Attnrnav A1CROEILMED!_ Ar !SEP ti, ,rad 411 ►SEP' 19'4 0, THE " Y OF CORPUS CHRISTI, TEXAS 16374 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement made and entered into this the day of , 1981, 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 and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, does by these presents lease and _demiseunto the said Lessee, the following described 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 364 days, said lease beginning on the 9th day of July, 1981, 'and ending on the 7th day of July, 1982, subject to the following conditions, to -wit: - 1. Lessee does by these presents and by entering upon the land agrees to maintain the land -and premises during the term of this lease 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 damage excepted. 2. No additions or alterations shall be made to the premises without the consent of the City in writing; and, if for any reason this lease is cancelled or expires, the Lessee shall have the right to move all facilities installed by the Lessee except pipe lines installed on, in or under the land. The City shall have joint use of the property, subject to the right of Lessee to have exclusive control of the area during Little League game and practice sessions. The City may use utility line easement without compensation to Lessee or damage for installation, maintenance, removal, or repair of lines any of the land as a for use of such easement in such easement. • 3. City may cancel lease without cause with ninety (90) days written notice to Lessee or without notice, if needed, for water system purposes. 4. Lessee does by these presents and by its entry upon the land agree to use the premises for the establishment and maintenance of a recre- ational area and for no other purpose. 5. Lessee herein shall maintain in good condition and at its own expense a six-foot chain link fence with barbed wire parapet on top around the premises. 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. 6. It is understood that the City of Corpus Christi plans expansion of the adjacent water reservoir, and with 30 day notice Lessee will remove and relocate 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 under- , stood that the proposed reservoir expansion land area be restored to its orig- inal 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. 7. Lessee shall remove all improvements at the end of the lease term at the expense of Lessee. 8. Lessee agrees to pay for all utilities used by it on the said premises, or used by any activities sponsored by Lessee on said premises. 9. Lessee agrees to conform to all rules set out by the City Manager of the City of Corpus Christi•, Texas, for the use and maintenance of said premises. 10. Lessee does hereby agree to promptly execute and fulfill all the ordinances of the City pertaining to health and sanitation, and to execute and fulfill all ordinances, orders and requirements imposed by the Health, Sanitation, Fire and Police Departments, for the correction, prevention, and -2- 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. 11. Lessee does hereby agree that 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 in- demnify and hold harmless 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 trespassing is forbidden. Lessee further agrees to indem- nify and hold the City harmless from any loss, damage, or injury that may occur on said premises which loss, damage or injury arises by reason of or is connected with Lessee's use of said premises. Lessee agrees that the City has taken 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. 12. It shall be the responsibility of the Lessee to maintain a current list of its officers on file with the Park and Recreation Department. 13. 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 , 1981. ATTEST: day of CITY OF CORPUS CHRISTI, TEXAS By: City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1981 APPROVED: Z J. BRUCE AYCOCK, CITY ATTORNEY Assistant City Manager By Assistant City Attorney ATTEST: PADRE LITTLE LEAGUE By: -3- 04 I ! -1 N.A. S. R- T . , Existin• Fence I . .12_5 mg tl- 125m �i W \ _12.5 m9 1 320' fi 12..5 mg EXEIIBIT B construct ion beyond /980 Fence to.he con- sfrucfzd by do ittle Leagu Fence to be removed by Padre - Li itle League if land require •for reservoir expansion durin the term of the lease. 0 o . CITY OF CORPUS CHRISTI WATER OIviSiOM TEXAS 'ENGINEER.. o. E. HOLLY RO . R . ES E/2V011a .. • APF O0£13. .;wCE (75 -,VERT. Pa WATER S•JPGR.MTCI/Col MI5 2-1/-76 ISSE r'� OF 01/1 • 0 Corpus Christi, Te 8 day of 19p TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. -Respectfully, Respectfully, Council Members MAYOR The City of Corpus Christi, Texas The Charter rule was suspended by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed by , e following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: 163'74