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-
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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