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