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Home My WebLink About17186 ORD - 08/04/1982AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR AN ONE-YEAR EXTENSION OF THE CURRENT LEASE, LEASING A TRACT OR PARCEL OUT OF THE HOLLY ROAD RESERVOIR SITE; 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 authorized to execute a lease agreement with the Padre Little League for extension of the current lease agreement, commencing August 5, 1982, and ending August 3, 1983, 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 320out of the Northeast corner of the Holly Road Reservoir Site, in the City of Corpus Christi, Nueces County, Texas. 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the immediate and efficient utilization of the City's resources which demands the prompt attention of the Council, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed d shall take effect upon first reading as an emergency measure this the day of August, 1982. ATTEST: —,45*Q City Secretary MAYOR APPROVED:5 DAY OF AUGUST, 1982 . BrTjce Aycockj City Attorney 171E6 THE CITY OF CORPUS CHRISTI, TEXAS sEp 2 8 1984 AtilkaB) LN1ED LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement made and entered into this the day of , 1982, 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": W ITNESSET H: The City of Corpus Christi, Texas, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does by these presents lease and demise unto 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, said lease beginning on the 5th day of August, 1982, and ending the 3rd day of August, 1983, 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 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. r 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 recreational 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 the top around the premises. Lessee shall maintain sufficiently strong locks on the present gate to prevent, so far as possible, entry by unauthorized person's. 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 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" indicated 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 abatement of nuisances and/or hazards in, upon, or connected with said premises during the term of this lease at its own expense, and 2 Lessee shall keep the premises free of weeds and rubbish at all times at his 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 indemnify 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 indemnify 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 danager 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 day of , 1982. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary By: Edward A. Martin, City Manager APPROVED: DAY OF , 1982 APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY BY Assistant City Attorney Assistant City Manager ATTEST: PADRE LITTLE LEAGUE 3 riurD • . . - EXHIBIT A - krOACI I 1 NA.S. R.R. .• • Existing Fence 14: N • vs- • 11- 74. •• onStruction beyond 1980 • (1.2.5in •( _12.5rng. Sfrucfcel - f2,nee to..b.e" cob I32‘0' .adce _L;t1 ie Lege 1.?.5 ng 12"...5m9 EXHIBIT.B Fence to be removed by Rd -dr League on.strfiction beyond -'19.60 - O . CITY OF CORPUS CHRI ST I .i•--• OM i1011 TEXAS ENGInEERti 0WATER HOLLY '.RO.,n•• a. -- ..os RESElvoil - .. .., .=. • :•-•• • ON A PFZOOED. ti:Z5.1. ickij s24 VERT. 0 $ -,,,,,,Lia WATER StJpR.flTEtlXVI OATS 241-7G s,a-r* i•L or Corpus Christi, TeAs 17/ day of (4( 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAY Council Members / / //AC I! Or THEFITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 171133