HomeMy WebLinkAbout19957 ORD - 09/01/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE
PADRE LITTLE LEAGUE FOR A TRACT OF LAND 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 of land 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."
1995'7 MICROFILMED
06P.067.01
LEASE AGREEMENT
THE STATE OF TEXAS )
COUNTY OF NUECES )
Exl A
This agreement made and entered into this the day of
A.D., 19 by and between the City of Corpus Christi, Texas a municipal
corporation, hereinafter called. "City" and the Padre Little League, Corpus Christi,
Texas, hereinafter called "Lessee".
V -I T N E S S E T H:
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 in Exhibit "A", attached
hereto and made a. part hereof,
said lease beginning on the 5th day of September, 1987, and ending the 4th day of
'September, 1989, 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 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 additionsoralterations 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 compel 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 League program
__and for no other purpose without the prior written consent of the City.
(7/13/87)
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 property warn persons that trespassing is forbidden.
12. ,,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 whatsoeveron 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, regardless of whether such injury,loss or damage shall be caused by, or be
claimed to be caused by, in whole or in part, the negligence or other fault of the
Indemnitees or any of them. 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.
-2- (7/13/87)
•
13. 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.
14. 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 & Recreation.
15. This contract contains all the provisions agreed upon by the parties
hereto and displaced all previous verbal or oral agreements.
16. Lessee shall pay any and all assessments or taxes, including ad
valorem taxes which may be assessed against the City for the use of the premises as
provided by this Agreement, however incurred, for sales or use taxes, ad valorem
taxation, or federal income taxation.
17. Lessee may not assign this lease nor sublease the premises nor any
part thereof without the written consent of the City Manager.
18. It is specifically agreed and understood that the parties hereto
intend and do hereby create a -landlord/tenant relationship, and this agreement shall
be construed in favor of that relationship. Nothing herein contained shall be deemed
or construedby the parties hereto, nor by any third party, as creating the
relationship of principal and agent or of partnership or joint venture between the
parties hereto, it being understood and agreed that neither the computation of rent,
or any other provision contained herein, or any of the parties hereto, shall be
deemed to create any relationship between the parties with respect to the use of the
premises other than that of a landlord or tenant.
WITNESSETH the hands of the parties hereto this the day of
, 19
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa, City Secretary Craig A. McDowell, City Manager
APPROVED:
DAY OF
, 1987
PADRE LITTLE LEAGUE OF
Assistant City Attorney CORPUS CHRISTI, TEXAS
By y�� . �CNJ, -/AL
-3- (7/13/87)
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EXHIBIT A
That the foregoing ordinance was read for the first time
second reading on this the „22 day of c:;)fA z
following vote: (J
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the second tim
third reading on this the /f day of
following vote: 0" —
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
•
and passed to its
, 19 S7 , by the
e and passed to its
, 19 g'7 , by the
That the for going ordin ce was rea
this the .1 day of
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
PASSED AND APPROVED, this the I J' -
ATTEST:
CitySecretary
APP/MOVED: r'
-o7.—DAY OF , 19� 7:
HAL GEORGE, CITY A ORNEY
99.044.01
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
for the third time
, 19 g'r , by the
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
day of
and passed finally on
following vote:
AteivE
a
, 197.
THE CITY OF CORPUS CHRISTI, TEXAS
19957
PUBLISHERtS AFFIDAVIT
STATE OF TEXAS, lss; AD # 64935
County of Nueces. J CITY OF C.C.
GAIL STONE
Before me, the undersigned, a Notary Public, this day personally came
who being first duly sworn, according to law, says that he is the
ACCOIINTIN.G..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 O.F..DRDINANCE..#...LgQs7.ALLTHD&I7IDiG. TSF•..SCATIO1Y..0E..A..LFASF.AGREEMEMT.J ITH
of which the annexed is a true copy, was published in CALLER TIMES PUBLISHING COMPANY
on the._6.__ day of Septelnjler
19...B.7, and once each....dag thereafter for...... one
consecutive day.
one Times.
27.60
GAIL STONE
Subscribed and sworn to before me this 6 d.September 19.87
EUGRTEZ Ue6c :iOCnn
a
dg
SEP 1981
c CCFTh+S
'':c74„... CITY OFFICE
C^^a£v'/
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Iss: AD #60 60 4
County of Nueces. 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,
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 AUT10BIZING THE .EXFL.IlT1O11.
of which the annexed is a true copy, was published in _CALLER TIMES PUBLISHING COMPANY
on the. J.J bday of .AUGUST 19 13.7.., and once each. 19.1C thereafter for _one.
consecutive dya
one Times.
a_ 28.75
d \-1a
IRIS YAP?
Subscribed and sworn to before me this... 19.th....._..dag of .AAG.UST 19..g7
c1,_
7`
Notary Public, Nueces County, -Texas
' EUGENIA S. CORTEZ 6.30.89
NOTICE OF PASSAGE Of
ORDINANCE ON
• SECOND READING
AUTHORIZING THE EXECU-
TION OF A LEASE
AGREEMENT WITH THE PA-
DRE LITTLE LEAGUE FOR A
TRACT OF LAND OUT OF
THE HOLLY ROAD RESER-
, 4OIR FOR A RECREATIONAL
AREA, the lease,to begin on
September 8, 1987 and end
on September 4, 1989 for the
consideration of $1.00. -
Was passed and approved
on second reading by the City
Council of the City of Corpus
Christi, Texas on the 11th day
of August, 1987' and the full
jr text of said ordinance is avail -
Y able to the public'in the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary
�fa...._. Corpus Christi, Texas
STATE OF TEXAS, tss.
County of Nueces. 1
PUBLISHER'S AFFIDAVIT
AD# 37845
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
SENIOR ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Dail' Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NQTICE OF PASSAGE OF ORDIANANCE ON FIRST READING AUTHORIZING THE EXECUTION OF A LEASE
of which the annexed is a true copy, was published in LL R TTM_F.S PURT_ZSJjING MEM
on the.2.nd.... day of AttGUST __ .__.19_.82., and once each .._.JAY. __.-_..thereafter for one
consecutive. day
* 28.75
MURIEL LA R E
Subscribed and sworn to before me this -...24th may of AUGUST
Notdry Public, Nueces County,
EUGENIA S. CORTEZ 6-30-89
NOTICE OF PASSAGE OF--
ORDINANCE ON avRA
FIRST READING •o'nelA
AUTHORIZING THE EXECII%nta
TION OF A LEASE:lid
AGREEMENT WITH THE PAr:sb
DRE LITTLE LEAGUE FOR-471
TRACT OF LAND OUT OF .'
THE HOLLY ROAD RESER:=l
VOIR FOR A RECREATIONALL
AREA, the lease to begin o#A9
September 5, 1987 and endol
on September 4. 1989 for thing
consideration of $1 00.
Was passed 8nd approved on
First reading by the City Coun-
t
E nil of the City of Corpus
1 Christi, Texas on the 28th day
rof July, 1987 and the full text
of said ordinance is available
to the public in the Office of
the City Secretary.
S /s/ Armando Chapa
" City Secretary
_Corpus Christi, Texas