HomeMy WebLinkAbout19726 ORD - 05/21/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE
SOUTHSIDE YOUTH SPORTS COMPLEX, INC., FOR THE LEASING OF TWO
PARCELS OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING
A YOUTH BASEBALL PROGRAM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
lease agreement with the Southside Youth Sports Complex, Inc., for the leasing
of two parcels of land in Price Park for the purpose of conducting a youth
baseball program, 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."
03P.096.01
19726
MICROFILMED
THE STATE OF TEXAS
COUNTY OF NUECES
§
LEASE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF CORPUS
CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY", and the
SOUTHSIDE YOUTH SPORTS COMPLEX, INC., CORPUS CHRISTI, TEXAS, hereinafter called
"LESSEE":
That the City of
of One Dollar ($1.00)
sufficiency of which
demise unto the said
Nueces County, Texas,
WITNESSETH
Corpus Christi, Texas, for and in consideration of the sum
and other good and valuable consideration, the receipt and
is hereby acknowledged, does by these presents lease and
Lessee, the following pieces or parcels of land located in
being more particularly described as follows:
Parcel 1
A tract of land 330 feet in width and 660 feet in length out of Lot 9
and 10, Section "B", Paisley's Subdivision of the Hoffman Tract as
shown by map or plat of record in Volume A, Page 28, Map Records of
Nueces County, Texas, said tract of land being more particularly
described by metes and bounds as follows:
Beginning at a point; the most westerly corner of said Lot 9, Section
"B" and the most southerly corner of said Lot 10, Section "B",
Paisley's Subdivision of the Hoffman Tract;
Thence N. 60 degrees, 45 feet, 45 inches W. with the southwest
boundary line of said Lot 10, a distance of 25 feet to a point;
Thence N. 28 degrees, 16 feet, 22 inches E. a distance of 25 feet to a
point in the northeast boundary line of Lamont Street for the most
westerly corner and point of beginning of the tract herein described;
Thence N. 28 degrees, 16 feet, 22 inches E. a distance of 330 feet to
a point for the most northerly corner of this tract;
Thence S. 61 degrees, 45 feet, 45 inches E. at 25 feet past the
northwest boundary line of said Lot 9 in all 660 feet to a point in
the northwest boundary line of Weir Drive for the most easterly corner
of this tract;
Thence S. 28 degrees, 16 feet, 22 inches W. with the northwest
boundary line of Weir Drive a distance of 330 feet to a point for the
most southerly corner of this tract, said point being in the northeast
boundary line of Lamont Street;
056.504.03.12
i H/6/7 �,,4„
Thence N. 61 degrees, 45 feet, 45 inches W. with the northeast
boundary line of Lamont Street at 635 feet past the northwest boundary
line of said Lot 9 in all a distance of 660 feet to the place of
beginning;
Containing 5 acres of land, more or less.
Parcel 2
Being a 1.71 acre tract of land, more or less, being joined on the
southeast property line of the tract of land being leased by the City
to the Federal Aviation Administration, on the northwest by the
northwest property line of Price Park, and on the southwest by the
northeast property line of the tract of land being leased by the City
to the Central Park Little League.
The term of this lease shall be five (5) years, commencing
I L /V E 7 , 19 e7, and subject to the following covenants and
- conditions:
1. Lessee does by these presents and by entering upon the land agree
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 a condition as
received, reasonable use, wear, acts of God, fire and flood
damage and destruction excepted.
2. Lessee does by these presents and by entering upon the land agree
that no additions or alterations shall be made to the premises
without the consent of the Park and Recreation Department in
writing.
Lessee further agrees that the Park and Recreation Board of the
City shall have joint use of the property during the term hereof,
subject to the right of the Lessee to have exclusive control of
the property during its use for youth baseball program purposes.
Lessee shall not deny access and use of the park to the general
public during the hours when the park is not in use for youth
baseball purposes. Lessee further agrees that the City may use
said land when needed by the City or needed to be crossed by the
City by the installation of utility or effluent lines and/or
easements without compensation to Lessee for such easements or
damage for installation, maintenance, removal or repair of said
utility or effluent lines, providing the City exercises
reasonable judgement in the location of said easements and lines
and locates said lines at points other than where improvements
are located whenever it is reasonably possible.
3. 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 youth baseball program and for no other
056.504.03.12
purpose without prior written consent of the Park and Recreation
Department.
4. Lessee does hereby agree to pay for all utilities used by it on
the said premises or used by any other activity sponsored by
Lessee on said premises.
5. Lessee hereby agrees to conform to all rules
Manager and/or the Park and Recreation Board
maintenance of said premise on a•year-round
shall include mowing of premises, keeping
areas, restrooms, and parking areas in a good
set out by the City
of the City for the
basis. Maintenance
fences, concession
state of repair.
6. Lessee does hereby agree to promptly execute and fulfill all of
the ordinances of the City pertaining to health and sanitation,
and to execute and fulfill all ordinances, order and requirements
imposed by the Health, Sanitation, Fire and Police Departments,
for the correction, prevention and abatement of nuisances and/or
hazards in, upon, and connected with the operation of a ball park
an said premises at Lessee's own expense.
7. Lessee shall fully indemnify, save and hold harmless the City of
Corpus Christi, its officers, employees, and agents (hereinafter
"the Indemnitees") against any and all liability, damage, loss,
claims, demands and actions of any nature whatsoever on account
of personal injuries (including, without limitation on the
foregoing, workers' compensation and death claims), or property
loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, or are claimed to arise out of or
be in any way connected with, the performance of this Agreement,
unless such injury, loss or damage shall be caused by the sole
negligence of Indemnitees. Lessee shall at its own expense
investigate all such claims and demands, attend to their
settlement or other disposition, defend all actions based thereon
and pay all charges of attorneys and all other costs and expenses
of any kind arising from any such liability, damage, loss,
claims, demands, and actions.
8. Lessee shall secure and maintain at Lessee's expense during the
term of this Lease, a Comprehensive General Liability insurance
policy to include contractual liability and premises/operations
coverage. Minimum limits of coverage shall be ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) for bodily injury or death of any
one person arising out of one occurrence, FIVE HUNDRED THOUSAND
DOLLARS ($500,000) for bodily injury or death to all persons
arising out of one occurrence, and ONE HUNDRED THOUSAND DOLLARS
($100,000) for property damage arising out of one occurrence.
The policy shall name the City of Corpus Christi as an additional
insured. A Certificate of Insurance evidencing the insurance
coverages required hereunder shall be furnished to the Department
of Parks and Recreation, City of Corpus Christi prior to the
commencement of this Lease. The Certificate shall indicate that
the. Department of Parks and Recreation will be given at least
thirty (30) days' notice of cancellation, intent not to renew or
material change of any coverages required hereunder.
056.504.03.12
9. The City hereby agrees that Lessee may at the end of the term of
this lease remove at its own expense any and all improvements
placed on said premises by Lessee which are unattached to the
land and which may be removed without damaging the land. The
repair and/or replacement of any improvements placed on said
premises by Lessee shall be the sole responsibility and expense
of Lessee.
10. Lessee further agrees to use a portion of said tract for parking
purposes. Lessee shall be responsible for maintenance and
construction of dust -free parking areas, maintaining suitable
entrance and exit roads, properly designated, and keeping all
driveway and parking areas free of potholes, all in accordance
with standards set out by the Director of Park and Recreation.
11. It is agreed that either party may terminate this agreement at
any time during the life of this instrument, provided that six
(6) months notice of such termination is given.
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.
EXECUTED IN DUPLICATE ORIGINALS this day of
19
-ATTEST: CITY OF CORPUS CHRISTI:
Armando Chapa, City Secretary
APPROVED:
___ DAY OF
HORGE, CITY ATT r EY
By
, 19g-7
By
Craig A. McDowell, City Manager
Assistant C/ftyQAttorney SOUTHSIDE YOUTH SPORTS COMPLEX, INC.
CORPUS CHR1$ P, TEXAS
Secretary
05G.504.03.12
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That the foregoing ordinance was read for the first time and passed to its
second reading on this the day of , 19 , by the
following vote:
Betty N. Turner Clif Moss
David Berlanga, Sr. Bill Pruet
Leo Guerrero Mary Rhodes
Frank Mendez Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the second time and passed to its
third reading on this the day of , 19 , by the
following vote:
Betty N. Turner Clif Moss
David Berlanga, Sr. Bill Pruet
Leo Guerrero
Frank Mendez
That the
this the
oing ordi
day of
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
PASSED AND APPROVED,
ATT
City ecretary
AP JDVEDDAY:
S_I` OF , 19S7:
HAL GEORGE, CITY A ORNEY
Mary Rhodes
Mary Pat Slavik
Linda Strong
j3 ce Way read for theme hird time and passed finally on
/..:1L _ , 19 ,r/ , by the following vote:
t,,Clif Moss
this the
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
e 4) day of
By / J_ (J 10-�/
Assistant City 1 orney
99.044.01
, 19r7 .
THE CITY OF CORPUS CHRISTI, TEXAS
That the foregoing ordinance was read for th fir t time and passed to its
second reading on this the 'c day of , 1917 , by the
following vote:
Luther Jones Joe McComb
Dr. Jack Best L LLQ) Frank Mendez
David Berlanga, Sr. Bill Pruet
Leo Guerrero Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for,th9 sepond time and passed to its
third reading on this the 3( day of //�V AILD) , 19 F-7, by the
following vote:
Luther Jones
Dr. Jack Best
.David Berlanga, Sr.
Leo Guerrero
That the foregoing ordina was read for the ,hird time and passed finally
on this the rig day of , 19K , by the following vote:
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
Luther Jones
Dr. Jack Best
David Berlanga, S
Leo Guerr
Joe McComb
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the ath day of ��� , 1937 .
ATTEST:
p THE OF CORPUS CHRISTI, TEXAS
City Secretary
APPROVED:
DAY OF
HAL GEORGE, CITY ATTORNEY
By
, 19 .
Assistant City Attorney
99.044.01
197?6
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, }ss: Ami 73874_
County of Nueces. CITY OF C .0 . /CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally came.._...._.
F; MURIEL LA RUE j(y"� .. who being first duly sworn, according to law, says that he is the
4'.
SENIO.R ACCOUNTING CLERK
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 AUTHORIZING THE EXECUTION OF A
of the Corpus Christi Caller and The Corpus Christi Times,
of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING COMPANY
on the 3Oth day of MARCH_ .19.82.--, and once each....clay.. thereafter for one
consecutive day
......_.__.lane. Times.
$ 28 _75
Subscribed and sworn to before me this
MURIEL LA RUE
day of.._ MARCH 19..x_..
die„,
N ary Public, Nueces Conn Texas
EUGEN A S. CORTEZ 6-30-8
NOTICE OF PASSAGE OF
ORDINANCE ON
SECOND READING
AUTHORIZING THE EXECU-,
TION '.-�' OF ' A LEASE
AGREEMENT ,. WITH THE
SOUTHSIDE YOUTH -SPORTS
COMPLEX, INC, FOR THE
LEASING OF TWO PARCELS
OF LAND IN PRICE PARK FOR
THE PURPOSE OF CONDUCT-
ING A YOUTH BASEBALL
PROGRAM FOR A PERIOD OF
FIVE YEARS AT NO COST,
onproved
secoas nd reading byassed and the Ca
Couny
Christ%,lof the Texas onithe 31st day
of March, 1987 and the full
1110 Legal Notices
1text of said ordinance Is avail-
able to the public In tha Office
of the Cty Secretary.
/8/ Armando Chaps
City Secretary
Corpus Chnsti, Texas
C7
APR 1967 `1,
CITY SECRETARY'S cf
•,
OFFICE S
y
c j
•
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Iss. AD #43310
County of Nueces. CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally
IRIS YAP who being first duly sworn, according to law, says that he is the
,r ACCOUNTING CLERK of the Corpus Christi Caller end The .Corpus Christi limes,
•
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 AUTHORIZING THE EXECUTION
of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING COMPANY
on the • 6th day of._APRILT ___ __ 19 7 and once each... DAY .._._..._..thereafter for ONE
consecutive.
ONE
DAY
Times.
28 75 1.4.4 4 c
IRIS YAP
Subscribed and sworn to before me this Rth ..�day�of
otaryclic, Nueces County, ' exalt
EUGENiA S. CORTEZ 6.30.89
NOTICE OF PASSAGE OF
, ORDINANCE ON
FIRST
AUTHORIZINGEADING THE EXECU-
TION OF A -"LEASE
AGREEMENT WITH THE
SOUTHSIDE YOUTH SPORTS
CONPLEX,JJOYL '• FOR THE
LEASINGRCELS
OF LAND IN PRICE PARK FOR
THE PURPOSE OF CONDUCT- ; -- 7 ,
ING A-v,'OUTH BASEBALL
PRd3RAM'FOR A PERIOD OF
FIVE YEANS AT NO COST L \
Was passed and approved
on first reading by the Qty r3\,.�y 11`� ti",
Council of the City of Corpus x'1'3 :jV t'�
Christi, Texas on the 24th day \�•`;�`+,`� ^?�
of March, 1987 and the full ct Q� U
text of said ordinance is avail- �U` Q
able to the public in the Office 1, A7
of the City Secretary''qt
/s/ Armando Chapa .'%
City Secretary v
ff J;
Corpus Christi, Texa ._r ;jY