HomeMy WebLinkAbout19851 ORD - 07/14/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH PAISANO
GIRL SCOUT COUNCIL, INC. FOR THE LEASE OF CERTAIN LAND
ADJACENT TO THE CITY'S RESERVOIR LOCATED ON THE NUECES
RIVER.
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 Paisano Girl Scout Council, Inc. for the lease of certain
land adjacent to the City's reservoir located on the Nueces River, 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."
05P.116.01
198511 MICROFILMED
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi has certain lands adjacent to its water
reservoir located on the Nueces River near the City of Mathis; and
WHEREAS, portions of said land are intermittently used in connection with
said reservoir and request has been made for use of portions of said lands by
Paisano Girl Scout Council, Inc. and such use will be subordinate to the use by
the City of Corpus Christi of said lands:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the City of of Corpus
Christi, hereinafter referred to as "City," acting herein by and through its
City Manager, heretofore duly authorized by ordinance of the City Council, for
and in consideration of the agreements herein contained by the Paisano Girl
Scout Council, Inc., hereinafter referred to as "Lessee," do hereby enter into
the following lease agreement:
I.
The City of Corpus Christi, subject to the reservations set forth in
Paragraph II and VII hereof, does hereby lease to Paisano Girl Scout Council,
Inc. the following described land and premises:
A 38 acre tract of land, more or less, located adjacent to
the water reservoir of The Lower Nueces River Water Supply
District, South of the City of Mathis, Texas, and being the
same tract referred to as "First Tract" in Lease Agreement
dated April 10, 1958, between the City of Corpus Christi,
The Lower Nueces River Water Supply District and State Parks
Board of the State of Texas:
O1P.056.01
Approximately 38 acres located adjacent to and north of the
present Girl Scout Area;
Beginning at the northwest corner of the Kate Jones Tract
described in Volume 105, Page 153, of the Deed Records of
San Patricio County, Texas;
THENCE N 34°42'E, a distance of 200 feet to the point of
beginning of the tract herein described on the east line on
said tract;
THENCE N 34°42' E, a distance of 800 feet to the northeast
corner of this tract;
, .4`
THENCE N 47°43'30" W, a distance of 1,816 feet to a point
for the northwest corner of this tract;
THENCE S 34°42' W, a distance of 1,040 feet to a point on
the west line of this tract;
THENCE S 55°18' E, a distance of 1,800 feet to the PLACE OF
BEGINNING;
Containing approximately 38 acres of land.
II.
This lease shall be subject to the continued uses by City of said lands as
a part of a municipal water supply system, including the use thereof for the
drilling of wells and the production of water, gas and other minerals therefrom.
This lease shall also be subject to all outstanding agreements heretofore
executed by the former Lower Nueces River Water Supply District and City, and
the uses and activities by the Lessee shall be subject at all times to the uses
by City, its agents and employees of such premises for the municipal purposes
for which said property was acquired.
This Lease shall be for an Original Term beginning on the Origin Date (date
of execution hereof) and expiring the 31st day of December 1991 (that is, for
four and a fraction years).
Upon authorization by ordinance of the City Council to renew this lease on
or before the expiration of the Original Term hereof and upon similar
authorization on or before the expiration of each successive five (5) year term,
Lessee shall have the option to renew and extend this Lease for four (4)
additional successive periods of five (5) years each by delivery of written
notice of the exercise of each such option to City on or before the expiration
of the Original Term as to the first extension and, thereafter, on or before the
expiration of the particular extended term as to the second, third and fourth
extensions.
IV.
It is agreed that the premises herein above described shall be used for no
other purposes than for the recreational activities of Paisano Girl Scout
Council, Inc., Lessee herein, and the activities sponsored by Lessee for the
benefit of the public. It is further agreed and stipulated that Lessee may
erect on such premises such buildings as it may desire to erect for the purpose
of carrying out and aiding the recreational activities of Lessee, Paisano Girl
Scout Council, Inc., provided, however, that no such building shall be erected
except in places approved by the Water Superintendent of the City of Corpus
Christi, and no such building shall be erected that would interfere in any
manner with the ingress and egress to said property by City, its agents and
employees, in carrying out such municipal purposes for which said land was
acquired; and, it further being understood that City shall not be liable in any
01P.056.01
respect for any taxes incurred by said Lessee as the result of building and
erecting structures or other improvements on said property.
V.
Lessee agrees to assume full responsibility for the safety of persons and
property using the premises hereby leased and to indemnify and hold harmless
City for all claims arising from the use of, or activities on, said land or from
condition of said lands.
Lessee shall be liable for any and all claims arising from injury to
employees of Lessee or to any subcontractor or to employees of any
subcontractor, incident to, or arising out of, the performance of this Lease.
Lessee shall be further liable for any injury to employees of City or to third
persons or to the public or the Lessee's guests, invitees, and licensees, or to
property of such persons proximately caused by or arising out of the negligence
of Lessee, its employees or subcontractors or their employees in connection with
performance of this Lease.
VI.
Lessee further agrees, and it is part of the consideration hereof, to obey
any and all rules and regulations enacted by City governing the activities of
persons, boats, etc. on Lake Corpus Christi adjacent to the land hereby leased,
and for the protection of the waters of said Lake from contamination as a water
supply reservoir of the City of Corpus Christi, Texas.
VII.
City reserves all oil, gas, uranium, lignite, and other mineral interests,
together with the right of ingress and egress for the exploration, development
production, transportation and processing the products hereof, in, under, or
concerning said lands or any part thereof, which the City of its assigns have or
may have. City also reserves the right to use said land and premises as an
evacuation area in case of a disaster or enemy attack.
VIII.
At the expiration of the Original Term of this lease, or at the expiration
of any extended term or if sooner terminated, as herein provided, Lessee agrees
to quit and surrender the said premises in as good state and condition as the
reasonable use and wear thereof will permit, and in such case, Lessee may remove
all the property owned by it on said leased premises.
01P.056.01
IX.
Lessee agrees to pay costs of publication associated with this lease
agreement as required by the City Charter.
WITNESS OUR HANDS this the day of , 19
ATTEST:
Armando Chapa, City Secretary r
APPROVED:�7 DAY OF ieeteu , 19P7
HAL GEORGE, CITY ATTORNEY
ATTEST:
tant City Attorney
CITY OF CORPUS CHRISTI
By
Craig A. McDowell, City Manager
PAISANO GIRL SCOUT COUNCIL, INC.
By
President
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on day of
19 , by Craig A. McDowell as City Manager of the City of Corpus Christi.
Notary in and for the State of Texas
My commission expires:
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was cknowledged before me on A3 CL,day of /71
tt-c 1&i
n�
19 $i , by o. Z${; Az rc lr as PresideFE77 the Paisano Girl Scout
Count, Inc.
01P.056.01
Vacuo t, /pc J 4,4,6,„}
Notary in and for the State of TTeexase,-4,.tR,,tuic's(
My commission expires: a //-
That the foregoing ordinance �j as read for the first time and passed to its
second reading on this the 7day of , 19 g"1 , by the
following vote:
Betty N. Turner (_ /_p Clif Moss
David Berlanga, Sr. Q1.{9-Q4;A.*-- Bill Pruet
Leo Guerrero Mary Rhodes
Frank Mendez Mary Pat Slavik
Linda Strong
That the foregoing ordinance w read for the second time and pa ed to its
third reading on this the lt'o+F\ day of ) , 190 , by the
following vote:
Betty N. Turner Clif Moss
David Berlanga, Sr. Bill Pruet
Leo Guerrero L,Cc /") Mary Rhodes
Frank Mendez �hLt.,p J Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the third time and passed finally on
this the / / -day of , 19 $'7 , by the following vote:
Betty N. Turner U Clif Moss
David Berlanga, Sr. (44 Bill Pruet
Leo Guerrero Mary Rhodes ____
Frank Mendez Mary Pat Slavik ' 194—
4
Linda Strong
PASSED AND APPROVED, this the N"-- day of 'g44-1.11— , 19 rir.
ATT ST:
ity ecretary
_A,,,,P,P��RRQqVED:
L(OZYDAY OF
HAL GEORGE, CITY ATTO
By
Assistant Cit AJ orney
99.044.01
, 19'7:
MAY
OR
19851
THE CITY OF CORPUS CHRISTI, TEXAS
STATE OF TEXAS, lss:
.County of Nueces. 1
PUBLISHER'S AFFIDAVIT
AD #56311
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
IRIS YAP , who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
11;aily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE # 19851 AUTHORIZING THE EXECUTION OFA LEASE AG.
of which the annexed is a true copy, was published in CALLER TIMES PUBLISHING COMPANY
on the. 9thday of JULY 19_32, and once each day...._ thereafter for one
consecutive day
one Times
$_ 35.65
IRIS YAP
Subscribed and sworn to before me this 21st . davof J`UL Y
57- 6
Not iuy P lic, Nueces County, exa
EUGENIA S. CORTEZ ;6.30.89
19 87
NOTICE OF PASSAGE OF
ORDINANCE M 19851 1
AUTHORIZING THE EXECU- I
TION OF A LEASE
AGREEMENT WITH PAISANO
GIRL SCOUT COUNCIL, INC;'
FOR THE LEASE OF CERTAIN
LAND ADJACENT TO THE
CITY'S RESERVOIR LOCATED
ON THE NUECES RIVER. THE
APPROXIMATE 38 ACRES
INCLUDED IN THE LEASE
WILL B[ -,FOR A TERM TO EX-
PIRE ON DECEMBER 311
1991 AND THE PREMISES
SHALL BE USED FOR NO
OTHER, PURPOSES EXCEPT
RECREATIONAL ACTIVITIES
OF PAISANO GIRL SCOUT
COUNCIL, INC.
Was passed and approver)
by the City Councd'of the City
of Corpus Chrisp;tTexas on
the 14111 day OrAlly, 1987
and the full text of said ordi-
nance is• available.' to the
13 7g;6"�•
public in the Office of the City a I) �,-
Secretary i er7
/a/ Armando Oltapaa"? �'
City Secretary r• P
Corpus Christi, Texas ' j
1 .i - .
\
STATE OF TEXAS,
County of Nueces.
PUBLISHER'S AFFIDAVIT
)ss: AD# 50117
CITY OF C.C./CITY SECRETARY
Before me, the undersigned, a Notary Public. this day personally came.
_MURIEL LA RUE .., who first dulysworn, - - being according to law, says that he is the
$NIOR ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily'Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION
of which the annexed is a true copy, was published in _CALLER -TIMES PUBLISHING COMPANY
on the 14 day of ........ __JU N E,_—_—•-_.19_$ and once each ....... d a Y_..._..thereafter for o n e
consecutive day
ane. ......_... Times.
$ 36.80 _
Subscribed and sworn to before me this..._...J.5J. i__day of......._. -JUNE
otary ZJlblic, Num County, Texas
EUGENIA S. CORTEZ 6-30-89
18.. 87
NOTICE OF PASSAGE OF 1
ORDINANCE (+1
FIRST READING .0"
UTHORIZING THE EXECU-z-,S
TION OF A LEASE
AGREEMENT WITH PAISANO q-�
GIRL SCOUT COUNCIL, INC. '� ,
FOR THE LEASE OF CERTAIN ti ,tit
LAND ADJACENT TO THE o` 4,,ti
ON THE NUEC'ESI RIVER ATHEE � t'vVOo(.t
APPROXIMATE 38 ACRES
INCLUDED IN THE LEASE e
WILL BE FOR A TERM TO EX- el
PIRE ON DECEMBER 31,
1991 AND THE PREMISES &� g '
SHALL BE USED FOR NO
OTHER PURPOSE EXCEPT
RECREATIONAL ACTIVITIES
OF PAISANO GIRL SCOUT
COUNCIL, INC.
Was passed and approved
on first reading by the City
Council of the City of Corpus
Christi, Texas on the 9th day
of June, 1987 and the full
text of said ordinance is avail-
able to the public in the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary
Corpus Christi, Texas, -„,Q
L
PUBLISHER'S AFFIDAVIT
,STATE. OF TERAS, as: AD# 56119
County of Nueces. CITY OF C.C./CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally came
MURIEL LA RUE who being first duly sworn, according to law, says that he is the
A.CCQ.U3IIINC...CLERK 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 QF 4KRI.t{AKE..AN_S1aCQN.R..REAMiif AJlTHQ&IZIN.G...TN.E_F.X.E.CU.TSON
of which the annexed is a true copy, was published in ....CALLER -TIMES PUBLISHING COMPANY __--
on the. 4.2-.§...c day of JURE 19and once each. .3ay._._ thereafter for one.
consecutive — rla.y
one Times.
IsTU III
36.80
Subscribed and sworn to before me this 2.3xd._..da,IIIN.E
tary , .lic, Nueces County, T
EUGENIA S. CORTEZ 6-30-89
NOTICE OF PASSAGE OF
ORDINANCE ON
AUTHOISECOND THE
READING
EXECU-
TION OF A LEASE
AGREEMENT WITH PAISANO
GIRL SCOUT IL, INC
FOR THE LEASEOOFNCERTA N
LAND ADJACENT TO THE
CITY'S RESERVOIR LOCATED
tvcs
9 43 fN'
-, tiQ ir
e-
ON THE N +, o• A.
APPROXIMATE 38 ACRES A �A,
INCLUDED IN THE LEA 't9 FD
PI6E ONOD CEM ERWILL BE R A TERM 037,
f��� ZL—kS4V
199t AND THE PREMISES
SHALL BE USED FOR N0
OTHER PURFrR CREATIONALLS ES ACTIVITIES
OF PAISANO GIRL SCOUT
COUNCIL, INC.
Won seas passed and approved
Council of hedCity of Corpby the us
Chnsti, Texas on the 16th day
of June, 1987. The full text 01
thesaidpublic in that's available to
City Secretary. Office of the
/s/ Armando Chapa
City Secretary
Corpus Chn
, Texas
„ L