HomeMy WebLinkAbout19042 ORD - 10/08/1985• •
AN ORDINANCE
AUTHORIZING THE EXECUTION OF LEASE AGREEMENT WITH THE PADRE
LITTLE LEAGUE FOR A TWO YEAR TERM FOR A 700' X 320' TRACT OR
PARCEL OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL
AREA, FOR ITS LITTLE LEAGUE PROGRAM, WITH THE LEAGUE
PROVIDING ADEQUATE SECURITY, MAINTENANCE, AND INSURANCE.
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".
04P.068.01
19042
A
MICROFILMED
• •
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This agreement made and entered into this the day of
A.D., 198 , by and between the City ofo Christi,
Texas, a municipal corporation, Tiereinafter called "City" and the Padre Little
League, Corpus Christi, Texas, hereinafter called "Lessee."
WITNESSETH:
That the City of Corpus Christi, for and in consideration of the sum
of one dollar ($1.00), and other good and valuable considerations, the receipt
and sufficiency of which is hereby acknowledged, does by these presents lease
and demise unto 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, 1985, and ending the 4th day
of September, 1987, subject to the following conditions, to -wit:
1. Lessee does by these presents and 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 of thereof to return said premises to
City in as good condition as received, reasonable use, wear, acts of God, fire
and flood 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.
3. City may cancel lease without cause with ninety (90) days written
notice to Lessee or without notice, if needed, for water system purposes. In
connection with any termination of this lease, the City may compell the removal
of said facilities within 30 days after termination. Thereafter, the City may,
remove such facilities and Lessee shall reimburse the City for all expenses
incurred.
4. Lessee does by these presents and by its entry upon the land agree
to use said premises for the establishment and maintenance of a recreational
area for the benefit of the public with primary use being the aforesaid Little
04P.068.01
•
League program and for no other purpose without the prior written consent of the
City.
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 persons. Lessee
shall be charged with the responsibility of adequate adult supervision of the
premises and will keep the gate secured 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.
7. Lessee shall remove all improvements at the end of the lease term
at the expense of Lessee.
8. The Lessee agrees to pay for all utilities used by it on the said
premises or used by any other activity 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 operation of the leased premises,
or maintenance of said premises.
10. The Lessee shall promptly execute and fulfill all the ordinances
of the City of Corpus Christi applicable to said premises and all orders and
requirements related to health, sanitation, fire and police for the correction,
prevention, and abatement of nuisances or hazards in, upon, or connected with
said premises during the term of this lease at its own expense.
11. Lessee does hereby agree that the 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 further agrees
to indemnify and hold the City harmless for any injuries or death to persons or
property damage occasioned by the unauthorized entry into the City Water
Reservoir facilities and Lessee shall place and maintain 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, injury, or death that may occur on said premises which loss,
damage, injury or death arises by reasons 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 Lessee will inform all participants and parents of
the potential danger in the City Water Reservoir facilities.
04P.068.01
•
12. Lessee shall secure and maintain throughout the term of this
Lease, at its own expense, comprehensive general liability insurance in the
amount of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) for bodily injury or
death to any one person, ONE MILLION DOLLARS ($1,000,000) for bodily injury or
death for any one occurrence, and ONE HUNDRED THOUSAND DOLLARS ($100,000) for
property damages per occurrence. Said policy shall name the City as an
additional insured, and a certificate of said policy shall be furnished the City
and maintained throughout the term of this lease.
13. It shall be the responsibility of the Lessee to maintain a current
list of its officers on file with the City's Department of Park and Recreation.
14. 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
, 1985.
ATTEST:
City Secretary
APPROVED:
2...d1 DAY OF 1985
ssistan
ATTEST:
Secretary
04P.068.01
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin, City Manager
PADRE LITTLE LEAGUE OF
CORPUS CHRISTI, TEXAS
By
•
That the foregoing ordinance as read for �a firs time and passed to its
second reading on this the of day of Ardpe" . 19)S .. by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance wap read for
third reading on this the 0Q day of
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
econd time and pyisd to its
19 1j,J by the
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the fo ,going ordin e w s read for th51 ird time and passed finally
on this the fl_ day of t� , 19 , by the followig vote:
Luther Jones if Joe McComb
Dr. Jack Best /// Frank Mendez
David Berlanga, Sr. /„ ' Bill Pruet
Leo Guerrero //.,, i// f Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the O' Wday of
ATTEST:
City Secretary
APPROVED:
2,z dDAY OF S
deu.„
MAYO
///%
/
THE ITY OF CORPUS CHRISTI, TEXAS
, 19sr.
19042
PUBLISHER'S AFFIDAVIT AD #4843
STATE OF TEXAS. 183;
County of Naeces. 1f
CITY OF C.C.
CITY SECRETARY
Before me. the undersigned, a Notary Public. this day personally came
MARCARPT RAMACF who being first duly sworn. according to law. says that he is the
COMMUNITY RELATIONS SUPERVISOR
of the Corpus Christi Caller end 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 FIRST READING
of which the annexed is a true copy. was published in Caller -Times Publishing Co.
on tho th day of September 19 9y and once each day fheteafter or
consecutive day
ONE pec,
32.20 MARGARET RAMAGE
one
Subscribed and sworn to before me this... 10 th
EDNA KOSTER 11-30-88
NOT, r:. OF
PAFSAGE OF ORDINANCE
UN FIRST READING
AUTHORIZING THE EXECU-
TION OF LEASE AGREEMENT
,WITH THE PADRE LITTLE
LEAGUE FOR A TWO YEAR
TERM FOR A 700' x 320'
TRACT OR PARCEL OUT OF
THE HOLLY ROAD RESER-
. VOIR FOR A RECREATIONAL
AREA, FOR ITS LITTLE
'LEAGUE PROGRAM WITH
THE LEAGUE PROVIDING AD-
EQUATE SECURITY,
MAINTENANCE, AND INSUR-
ANCE.
. Was passed and approved
t on first' reading by the City
Council of the City of Corpus
- Christi, Texas on the 3rd day
of September, 1985 and the
full text of said ordinance is
available to the public in the
'Office of the Clty Secretary.
/s/ Armando Chapa
Cny Secretary
Corpus Christi, Texas
12 141678 8 -
�y1 .,,,I,%)141570-11.
)
CO
SEP 1885 F
m
LO
4(
7
`�UE147.4�t �
'..
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, L.
County of Nueces. f
•
AD#22984
CITY OF C.C./CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally camp
MARGARET RAMAGE
who being first duly sworn, according to law, says that he is the
COMMUNITY RELATIONS SUPERVISOR 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 EaSSAGE OF ORDINANCE. ON SRCONn RF.AfTN(
of which the annexed is a tree copy, wes published in Caller -Times Publishing Co.
onthel6th day of September
consecutive. rsIAy
ONE Times.
32.20 MARGARET RAMAGE
19.i., and once rarh dAy thereafter for one
Subscribed end sworn to before me this_12 S 1 19 85 ,
EDNA KOSTER 11-30-88
'SNOTICE OF
ON SECOND EACE
READING
AUTHORIZING THE EXECU-
TION OF LEASE AGREEMENT
WITH THE PADRE LITTLE
EAR
RFOR A700'x
LEAGUE AOY320
TRACT OR PARCEL OUT OF
THE HOLLY ROAD RESER-
RIR FOR
O FORR• E ITSAT RECREATIONAL N LE
LEAGUE PROGRAM WITH
THE LEAGUE PROVIDING
NG SECURITY,
EQUATE AND INSUR-
MAINTENANCE,
ANCE.
f Was passed and approved
on second reading by the City
- Council of the City of Corpus
a Christi, Taxae on the 10th day
- of September. 1985 and the
a full text of said ordinance
is
available to the public
in the
r Office of the City
/s/ Armando Chap? I
- City Secretaryy
x. _ Corpus Christi. TexaJ
1
4