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HomeMy WebLinkAbout20032 ORD - 10/27/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISS KICKBALL LEAGUE FOR THE USE OF 7.08 ACRES OF LAND AT THE ANDERSON PIT FOR YOUTH SPORTS. 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 five year lease agreement with the Southside Little Miss Kickball League for the use of 7.08 acres of land at the Anderson Pit for youth sports 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". 08P.058.01 20032 MICROFILMED LEASE AGREEMENT THE STATE OF TEXAS 5 COUNTY OF NUECES 5 This Lease made and entered into on this the day of A.D. 1987, by and between the CITY OF CORPUS CHRISTI, a municipal corporation, acting herein by and through its City Manager, hereinafter referred to as "CITY", and the SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE, a public non-profit organization chartered for the purpose of providing kickball activities for girls, hereinafter referred to as "LESSEE". W ITNESSET H: That the City of Corpus Christi, for and in consideration of the sum on 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 piece or parcel of land located in Nueces County, Texas, being more particularly described as follows, to -wit: Being a 7.08 acre tract of land out of Lot 1, Byron Willis Subdivision as shown by Map of Record in Volume A, Page 48, Map Records, Nueces County, Texas, and being that same tract of land conveyed to the City of Corpus Christi, Texas, by Harold E. Anderson, December 20, 1960 and recorded in Volume 912, Page 375, Deed Records, Nueces County, Texas, said 7.08 acre tract of land being more particularly described by metes and bounds as follows: Beginning at the most Northerly corner of Lot A, Anderson Subdivision as shown by Map of Record in Volume 23, Page 2, Map Records, Nueces County, Texas, for the most westerly and beginning corner of the tract herein described; Thence N. 29° 00' E., with the Southeast boundary line of Nanjean Park as shown by Map of Record in Volume 16, Page 34, Map Records, Nueces County, Texas, and its extension, a distance of 960.91 feet to a point in the Southwest right of way line of McArdle Road, for the most Norther- ly corner of the tract herein described, Thence S. 61° 00' E., with the Southwest right of way line of said Mc- Ardle Road, a distance of 277.80 feet to a point, for a corner of the tract herein described; Thence S. 29° 00' W., with the Northwest boundary line of a 0.149 acre tract, a distance of 130.0 feet to a point for an interior corner of the tract herein described; Thence S. 61' 00' E., with the Southwest boundary line of said 0.149 acre tract, a distance of 50.0 feet to a point for a corner of the tract herein described; Thence S. 29° 00' W., at 15.0 feet pass the most northerly corner of Parklane Subdivision as shown by Map of Record in Volume 18, Page 45, Map Records, Nueces County, Texas, at 577.6 feet pass the most westerly corner of said Parklane Subdivision, in all a distance of 830.91 feet to the most easterly corner of said Lot A, Anderson Subdivision for the most Southerly corner of the tract herein described; Thence N. 61° 00' W., with the Northeast boundary line of said Lot A, a distance of 327.80 feet to the point of beginning. Containing 7.08 acres of land more or less. The term of this lease shall be five (5) years, beginning on the day of , 1987, and ending five (5) years from said date, subject to the following covenants and conditions: 1. Lessee does by these presents and by 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 the 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 agrees 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 Lessee to have exclusive control during the Southside Little Misses Kickball season. Lessee further agrees that City may use said land when needed by City or needed to be crossed by City by the installation of utility or effluent easements without compensation to Lessee for such easements or damage for installation, maintenance, removal or repair of said utility or effluent lines, provided the City exercises reasonable judge- ment 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 Little Misses Kickball program and for no other purpose without the prior written consent of the Park and Recreation Department. 4. Lessee does hereby agree to pay for all utilities used by it on said premises or used by any other activity sponsored by Lessee at 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 said premises. 6. 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 exer- cise of the rights and privileges herein granted. 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 iamage, 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 perfor- mance 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 dis- position, 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 throughout the term of this Lease, at its own expense, comprehensive general liability insurance in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) for bodily injury or death to any one person,THREE HUNDRED THOUSAND DOLLARS ($300,000) for bodily injury or death for anyone occurrence, and FIFTY THOUSAND DOLLARS ($50,000) for property damages per occurrence. Said policy shall name the City as an additional insured, and a certi- ficate of said policy shall be furnished the City and maintained throughout the term of this lease. 9. Lessee does hereby agree to promptly execute and fulfill all of the ordinances of the City pertaining to health, 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 nui- sances and/or hazards in, upon, or connected with the operation of a ball park on said premises at Lessee's own expense. 10. The City hereby agrees that Lessee may at the end of the term of this lease remove at its expense any and all improvements placed on said premises by Lessee which are unattached to the land and which may be removed without damag- ing the land. 11. This lease is subject to all of the ordinances of the City with respect to leases upon public property. 12. It shall be the responsibility of the Lessee to maintain a current list of its officers on file with the Department of Park and Recreation. 13. Lessee may not assign this lease nor sublease the premises nor any part thereof without the written consent of the City Manager. 14. 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 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: DAY OF , 1987 Assistant City Attorney SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE By: That the foregoing ordinance was read for he first time and passed to its second reading on this the day of 2, 19P7 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez That the foregoing ordinance was third reading on this the 49 following vote: Betty N. Turner David Berlanga, Sr. a -1j/ 1 Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong read for he econd time andpassed to its day of �yt UALD , 197 , by the Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing ordi ance y+tuead for the third time and passed finally on this the dr% day of ( (t(�2/LJ , 19 "7 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez atault PASSED AND APPROVED, this the c 7 ATTEST: y Secretary APPROVED: i y DAY OF Serf • , 19$1: HAL GEORGE, CITY ATTORNEY By , 'stant City At 99.044.01 rney Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong day of Deitotio • /' AYOR THE CITY OF CORPUS CHRISTI, TEXAS 20032 STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT }Ad#54580 ss' 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 Seniar 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 A FIVE YEAR of which the annexed is a true copy, was published in Corpus Christi Caller -Times ou the._...._27day of consecutive. Shay.._ Septmeber 19.. 87 and once each.thereafter for. ane Jane Times. $_ 25; 30 Deanne D Palmer Subscribed and sworn to before me this 2.7 .day of September 19 B.7 Notary Puiilic,, Nueces CountyTias Eugenia S. Cortez 6.30.89 CE Of NOTION NANCE ONE FIRST READING AUTHORIZING THE EXECU• a . " Is) f i 71? TION OF A FIVE YEAR LEASE 79 AGPEEMENT WITH THE ays SOUTHSIDE r LITTLE MISS y t� KICKBALL LEAGUE FOR THE �6.,A USE OF 7.08 ACRES OF •, .-sJ NN LAND AT THE ANDERSON �� vS" TJ I PIT FOR YOUTH SPORTS. i arsf.l. gb\ .tr. W I Was passed and approves , on first reading by the City f v;.�+�Aa��� r't us i, Council of the Christi, Texas Con the 2of 2nd O VO day of September, 1987 and �� the full text of said ordinance Z$ is available to the public In the r., F� Office of theJo/ CiAtrmando Clapa, City Secretary Corpus Christi. Texas PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: AD#61067 County of Nueces. Is,: City of C C Before me, the undersigned, a Notary Public, this day personally came dleanne..D.._. Ea] mer , who being first duly sworn, according -46 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 Stat enUhat the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE FECUON;OF A FIVE YEAR '114. eoi Corpus Christi Calle`Times of which the annexed is a true copy, was published in on the._.._4._ day of October 19_87•., and once each day thereafter for one • consecutive day svht 414.1•E sae Times. 25.30 Deanne D Palmer Subscribed and sworn to before me this..16th. d of actolter 19 83._ _.._.._ y // g_. otarliq Nueces County, Tex& Eugenia S. Cortez 6.30.89 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU• TION OF A FIVE YEAR LEASE AGREEMENT WITH THE I OUTHSIDE LITTLE MISS ICKBALL LEAGUE FOR THESE OS 708 ACRES OF X789AND AT. THE ANDERSON IT FOR YOUTH SPORTS, Wee pacd end approved n second rsading by I1te Clryouncil of the City of Corpushrletl, Texas on the 29th dayf September, 1987 end the .n ull text of said ordinance le available to the pub10 In the Office of the City Secretary. /e/ Armando Chaps City Secretary Corpus Chrletl, Texas tZEZZL PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Iss:Ad#41561 County of Nueces. City of CC Before me, the undersigned, a Notary Public, this day personally carne_ Deanne D. Palmer , „ who being first duly sworn, according to law, says that be is the SEnior 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 #20032 AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE of which the annexed is a true copy, was published in _SS2BEUS CHRISTI on the - 1 day of November 19 87.., and once each day.._..._._ thereafter for.. one consecutive day 016 Times. $24.15 1 :ter --e-- 0 Pte" ..._..__ .__. Deanne D Palmer Subscribed and sworn to before me this 6 day of Esagniter lila__ C g_, --- Not S4iy Public, Nueces County, Texas Eugenia S Cortez 6.30.89 1—�1NG �7181920 , NOTICE PASSAGE OF ORDINANCE #20032 *15 AUTHORIZING THE EXECU• y a\ 71ON OFA FIVE YEAR LEASE' •W AGREEMENT WITH AIRF U S0UTHSIDL LSTTLE MISS �YW ,p KICKBALL LEAGUE FOR THE ��`� J USE OF 7.08 ACRES OF �{ LAND AT THE ANDERSON Ile y �01 4.11 1 PIT FOR YOUTH SPORTS. v f Was passed and approved' on thud reading by Me City Councilof the City of Corpus F r�„C'L Chnsa. Texas on the 27th day of October, 1987 and the full Z' i — L text of saidrinance is the Office to the public of the City s Armaetando Chapa Cay Secretary Corpei Christi