HomeMy WebLinkAbout19995 ORD - 09/29/1987AN ORDINANCE
AUTHORIZING A LEASE AGREEMENT WITH THE AMERICAN LITTLE
LEAGUE FOR FIVE YEARS IN BOTSFORD PARK FOR USE AS 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 American Little League for a five year extension of the
current lease authorized by Ordinance No. 17211, leasing to said Little League a
six -acre tract of land in Botsford Park for the purpose of establishing and
maintaining a recreational area, a substantial copy of which agreement is
attached hereto and made a part hereof, marked Exhibit A.
07P.037.01
19995MICROf I MED
LEASE AGREEMENT
THE STATE OF TEXAS )
COUNTY OF NUECES )
Exhibit "A"
This Agreement made and entered into this the _ day of
198_ by and between the City of Corpus Christi, Texas, a municipal
corporation, hereinafter called "City", and American Little League, Corpus
Christi, Texas, hereinafter called "Lessee",
W I T N E S SET H:
The City of Corpus Christi, Texas, for valuable consideration, does by
these presents lease and demise unto the said Lessee, the following described
premises, to -wit:
A track of land approximately 423 feet in width and 630 feet in
length, being a portion of the area designated as "Park" in the
Botsford Place Unit 2 of Record in Vol. 16, page 47, }lap Records of
Nueces County, Texas, also a portion of Lots 5, 6, 7, and 8, Block A
and Lots 5 and 8, Block B, Lexington Place Subdivision, of record in
Vol. 9, page 7, Map Records of Nueces County, Texas, more particularly
described by metes and hounds as follows:
Beginning at a point in the North boundary line of said Lexington
Place, said point bears S. 61 degrees - 30' E. 196.54 feet from the
most northerly corner of said Lexington Place Subdivision;
Thence N. 61 degrees - 30' W. with the north boundary line of said
Botsford Place, a distance of 290 feet to a point;
Thence along the arc of a circular curve to the left having a radius
of 20 feet and a central angle of 89 degrees - 33', a distance of
31.26 feet to a point;
Thence S. 29 degrees - 30' W., with the east boundary line of Hamlett
Street, a distance of 490 feet to a point;
Thence S. 61 degrees - 30' E., a distance of 125.03 feet to a point;
Thence S. 29 degrees - 30' W., a distance of 108.74 feet to a point;
Thence S. 61 degrees - 30' E., a distance of 330.0 feet to a point;
Thence N. 29 degrees - 30' E., parallel to a 455.03 feet east of the
east boundary line of Hamlett Street, a distance of 630 feet to a
point;
Thence N. 61 degrees - 31' d., a distance of 133.46 feet to initial
point on northern boundary, see Attachment #1;
-1- (7/21/87)
for the term of five (5) years, said lease beginning on the 1st day of
September, 1987, and ending five (5) years from that date, subject to the
following conditions and covenants:
1. The American Little League hereby and by these presents agrees to
maintain said premises during the term of this instrument 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. 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 Department 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 during American Little League
programs. Lessee shall not deny access and use of the park when the park is not
in use for American Little League 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 easements and/or lines without compen-
sation to lessee for such easements or damage for installation, maintenance,
removal or repair of said utility or effluent lines, providing the City exer-
cises 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 recre-
ational area for the benefit of the public with primary use being the aforesaid
League program and for no other 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 of said
premises.
5. Lessee hereby agrees to conform to all rules set out by the City
Manager and/or the Park and Recreation Board of the City for the maintenance of
the said premises.
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, orders and requirements imposed by the Health,
Sanitation, Fire and Police Departments, for the correction, prevention and
abatement of nuisances and/or hazards in, upon, or connected with the operation
of ball park on said premises at Lessee's own expense.
7. 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.
8. Lessee shall fully indemnify, save and hold harmless the City of
Corpus Christi, its officers, employees, and agents (hereinafter "the
-2- (7/21/87)
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 he 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 he 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.
9. 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 anyone 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.
10. 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.
11. 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 and maintaining suitable entrance and exit roads,
properly designated, in accordance with standards set out by the Director of
Parks and Recreation.
12. Lessee must maintain a current list of officers on file with the
Park and Recreation Department throughout the term of the lease.
13. Lease will have a cancellation clause -- either party may
terminate the agreement with six months notice.
14. This contract contains all provisions agreed upon by the parties
hereto and displaces all previous verbal or oral agreements.
15. Lessee shall pay any and all assessments or taxes, including ad
valorem taxes which inay 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.
16. Lessee may not assign this lease nor sublease the premises nor
any part thereof without the written consent of the City Manager.
17. 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 construed by the parties hereto, nor by any third party, as
-3- (7/21/87)
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
, 198
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa, City Secretary Craig A. McDowell, City Manager
APPROVED: ��
{ A DAY OF�� "9_ 1987
1 George
Lity Attorney
AMERICAN LITTLE LEAGUE OF
CORPUS CHRISTI, TEXAS
-4- (7/21/87)
5O sFORD PARK
330'
I33A6v'
125103'
16X,•54/
Z`2Q '
M`,YelIe
423.4'
£ .11- i
t
;AP
•
• •
• -'"
That the foregoing ordinance was
second reading on this the ,'5
following vote:
Betty N. Turner
David Berlanga,
Leo Guerrero
Frank Mendez
That the foregoing ordinance wa
third reading on this the / P
following vote:
Betty N. Turner
David Berlanga,
Leo Guerrero
Frank Mendez
Sr. ctv_,
OkaId—
That the foregoing
this the q day
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
ordi rnce was
of A, . I
alp
dam`^
PASSED AND APPROVED, this the
ATTEST:
City Secretary
A PROVED:
6 DAY OF
HAL GEORGE, CITY ATTORNEY
b29
read for the first time and passed to its
day of %Lu pp , 19,7 , by the
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
read for t e second time,and assed to its
day of • i • rr pyiA0 , 19' 7 , by the
Clif
Bill
Mary
Moss
Pruet
Rhodes
Mary Pat Slavik
Linda Strong
ead or the third time and passed finally on
, 19 .R7 , by the following vote:
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
.144-3
av)
J JL2
By
4;si4tant City Attorney
99.044.01
atlz
T
a Ad
t
day of 2p�� , 19 g7 .
MAY
THE CITI' OF CORPUS CHRISTI, TEXAS
19995
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Iss: AD # 64934
County of Nueces. CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
GAIL STONE , who being first duly sworn, according to law, says that he is the
rG
ACCOUFING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
:
Daily Nfwspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING A LEASE AGREEMENT WITH THE
of which the annexed is a true copy, was published in CALLER TIMES PUBLISHING COMPANY
on the. 6 day of September 19..8 , and once each. day
consecutive day
one. Times.
11..- 23.00
thereafter for one
-GATE" STONE !_ %21211\-,k--.
Subscribed and sworn to before me this 6 d y of SegtembEt 19...82
Notary ublic, Nueces County,
EUGENIA S. CORTEZ 6.30.89
NOTICE OF PASSAGE {..—
ORDINANCE ON
SECOND READING •
AUTHORIZING A ,EASE
(AGREEMENT , WITH THE
AMERICAN LITTLE LEAGUE
IFOR FIVE YEARS 1N SOTS-
FORD PARK FOR USE AS A
RECREATIONAL' AREA
Was passed' and approved
bn second reading by the City
Council of the City of Corpus
Christi, Texas on the 1st day
of September, 1987 and the
full text of said ordinance is
available to the public in the
Office of the City Secretary
- /s/' Armando. Chape
City Secretary
Corpus Chnsti, Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS }as: Ad#59966
County of •Nueces. City of C C
Before me, the undersigned, a Notary Public, this day personally came
Deanne D. Palmer
_•__,_� -, 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,
DailyNewapapers published at Corpus Christi, Texas, in said County and State,, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO. AUTHORIZING A LEASE, „ACE EM tIT..w H._IHE...A1 ICAN..—_
of which the annexed is a true copy, was published in .... Cozgus .Chzisti. �a11�r—-T-ia3es--------------
on the.__! __ day of._.Astvcaber 19...7, and once each. day_ thereafter for.....
consecutive. Slay
__one._ ...............
$.._.21.85 10 9- �G
Deanne D. Palmer
Subscribed and sworn to before me this ......... day�gf October 19 87
Notaryenia PSlic, CNortueezces County, Texas
ug6.30.89
t NOTICE OF . A— ssAGE DpI, ,, 293O37
:' ORDINANCE NO,
AUTHORIZING A LEASEIN—. am\
AGREEMENT WITH THE p
AMERICAN LITTLE LEAGUE d ��
FOR FIVE YEARS IN SOTS- e� �r i',
• RECREATIONAL AREFORD PAHK FOR A, AS AI y 6��' y�r�yv co
Wae pasfad and approved r v' wi
on third reading by the City; p
Council of the Cby of Corpus I` s
Christi, Texas on the 28th dui0
of September, 1887 and the2
full text of said ordinance Is� — 1.4r
available to the public In the 1a 91.9Lj
Office of the City Secretary,
/1/ Armando Chaps
City Secretary
Corpus Christi, Texas