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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