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HomeMy WebLinkAbout17839 ORD - 09/21/1983As AN ORDINANCE AUTHORIZING THE EXECUTION OF LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A TWO YEAR EXTENSION OF THE CURRENT LEASE FOR A TRACT OR A PARCEL OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL AREA. 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 a two-year extension of the current lease for a tract or a parcel out of the Holly Road reservoir for a recreational area, all• as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A". 17839 "SEP 2S 1QQ MICROFILMED s THE STATE OF TEXAS § COUNTY OF NUECES § LEASE AGREEMENT KNOW ALL BY THESE PRESENTS: This Agreement made and entered into this the _ day of 1983, by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter called "City") and Padre Little League, Inc. Corpus Christi, Texas, a nonprofit corporation (hereinafter called "Lessee"); W ITNESSET H: The City 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 and 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 September, 1983, and ending the 4th day of September, 1985, subject to the following conditions, to -wit: 1. Lessee does by these presents and by entering upon the leased premises agrees to maintain the leased 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 by Lessee 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 remove 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 1 EXH-,siT 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. 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 leased 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 leased 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 shall be restored by City to its original condition and all foreign materials shall be removed. With the adjustment of the premises 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 leased 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 agrees to promptly execute and fulfill all ordinances of the City pertaining to health and sanitation, and to execute and fulfill all ordinances, orders and requirements imposed by the Health, Sanitation, -2- 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 his own expenses. 11. Lessee agrees to indemnify and forever save harmless the City, its officers, agents and employees, from and against all lawsuits, claims, demands, liabilities, losses, expenses, including court costs and attorney's fees, for or on account of any injury to any person, or death at any time resulting from such injury, or any damage to property, which may arise or which may be alleged to have arisen out of or in connection with Lessee's activities under this Lease Agreement and its use of the leased premises. The User agrees to secure and maintain at its own expense throughout the term of this Agreement comprehensive general liability insurance with minimum limits of liability of $100,000 for bodily injury or death to any person, $300,000 for bodily injury or death per occurrence, and $25,000 for property damage. The City shall be named as an additional insured on such policies, and a certificate of insurance for such policies shall be furnished to the City and maintained throughout the term of this Agreement. Each certificate must provide for ten (10) days notice by the insurer to the City prior to any cancellation of such policies. Lessee agrees to place conspicuous signs of warning which will adequately and properly warn persons that trespassing into the City's water reservoir facilities is forbidden. Lessee further agrees to indemnify and hold the City harmless from any loss, damage, or injury that may occur due to the unlawful entry of persons from the leased premises into the City's water reservoir facilities. Lessee, through agents of its choosing, has fully inspected the leased premises and accepts same in their present condition and agrees that the City has taken appropriate safeguards for prevention of injury, and Lessee agrees that it will inform all participants and parents of the potential danger in the City water reservoir facilities. 12. Lessee agrees to maintain a current list of its officers on file with the Park and Recreation Department of the City. 13. This Lease Agreement contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. -3- s WITNESSETH the hands of the parties hereto in duplicate originals this the _ day of , 1983. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Edward A. Martin, City Manager APPROVED: 7th DAY OF SEPTEMBER, 1983 J. BRUCE AYCOCK, CITY ATTORNEY By: By: Assistant City Attorney Assistant City Manager ATTEST: PADRE LITTLE LEAGUE By: By: -4- • • • • Existing Fence 12.5 r'g _12.5 my 320 mon tructi01? beyond /980 Fence to. bc- eth pi -acted by • adce Leayr 12.5 mg 121.:5m5; EXHIBIT . B • Fence to be removed by Po.dre Li rflc• League or str Lction by •1977 • 0 D • CITY OF CORPUS CHRISTI MirrCIT ornsion TEXAS C/IGIMLER0 HOLLY .120.6,-C) RESE12Vo/2 • • JIF ?tem. wolf. 0 _ vlR7• D wtTER SJ/l R•n TillCn > OrCa_/r-7G .-. / nr ilirsii1111/1111111111111M117/(tA • 1' ;hicluDts iFiet1 , • t...,.I,,,, 4 hln-1r7 ,1t // I . fit (.1TITt11 1 ITL4,,Tri- .qi _‘_.1,t.•_i H ( 1 (.4.1414 „• • ' • 41T,T,77711—, -, - coorit • clulpesTat. • 1:ft 7 .,, • . .... • . ....• !•,.. • , , •I ........................ • • .. • " " " " " " 714e21:1::'r 12‘ .*.:1.7:::.: :E. 7 1::: • • • : • • • .... i :f r . ' . II: • , ql .1" .. .."1:. ::Sitff: . • .v . .. fi . Ex;iiBIA' 4:4 .± 4,44: ' rd vr i That the foregoing ordinanceas read for a first time and passed to its second reading on this the day of y/4) _A,m ! , .1923 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik. That the foregoing ordinance as read for a cond time and p ssed to its third reading on this the /C day of , 1913 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the fore igg ordinance as/read or the t4j time and passed finally on this the day of 1�, 19 AP, by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the 02/aT day of ATTEST: City Secretary APPROVED: (lf"DAY OF , 19$3: J. BRUCE A COJK, CITY ATTORNEY t City Attorney ,19d�. MAYOR //�� THE CITY OF CORPUS CHRISTI, TEXAS 17835 STATE OF TEXAS, iss: County of Nueces. 1 Before me, the undersigned, a Notary Public, this day personally came GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the PUBLISHER'S AFFIDAVIT AD#23622 City of C.C. 1'71139 ADM. ASST. SECRETARY 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 NOTICE OF PASSAGE OF ORDINANCE... of which the annexed is a true copy, was published in on the.l2th day of consecutive One Times. September CALLER -TIMES PUBLISHING CO. 19 83., and once each day. thereafter for day. 26.73 GRACIE DE LUNA ADM. ASST. SECRETARY Subscribed and sworn to before me this 15th da of Septumben 19....83. EDNA KOSTER Notary Public, Nu County, Texas �f NQTICE OF pASS(L OF -ORDIN,,NCE. E- ON FIRST READING AUTHORIZING THE EX • CUTION OF LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A TWO YEAR EX- TENSION OF THE CURRENT LEASE FOR A TRACT OR A PARCEL OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL AREA. Was passed on first read- ing by the City Council of the City of Corpus Christi, Texas on the 7th day of September, 1983. The full text of said ordinance is available to the public in the Office of the City Secre- tary. •s-Bul G. Read City Secretary, Corpus Christi, Texas NOr • PAS OF • ANCE ON SECOND READING AUTHORIZING THE EX- ECUTION OF LEASE AGREEMENT WITH THE, PA()RE-LITTLE LEAGUE FOR, -A -TWO YEAR EX- TENSION OF_ THE CURRENT LEASE FOR A OUTTRAARCEL C OF THE T OR A P HOLLY ROAD RESERVIOR FOR A RECREATIONAL AREA Was—,passed on second reading by the City Council of -the City of Corpus Chris- daof + 14-Texag on the 1983 At The h full text of said ordinance Is available to the public In the Office of the City Secre- tary.-s-BIII G. Read City secretary �.. Corpus Christi, Texasl S'T'ATE OF TEXAS, lss: County of Nueces. 1 PUBL'ISHER'S AFFIDAVIT AD#39860 City of C.C. / 43? Before me, the undersigned, a Notary Public, this day personally came GRACIE DE LUNA ., who being first duly sworn, according to law, says that he is the ADM. ASST. SECRETARY 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 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING... of which the annexed is a true copy, was published in ...CA ALEkt-..x a...ESIB I&HI.NC._Ccl_..._.__..._—. on the. 9th day of September consecutive One 19 83, and once each day thereafter for onp day Times. _ 25.74 GRACIE DE LUNA _ _.... U/17-0,-- ADM. $ ADM. ASST. SECRETARY r 19...83. 5 Notary Public, Nuec nty, Texas Subscribed and sworn to before me this..._.2Bith. da EDNA KOSTER of Sap