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Home My WebLink About020199 ORD - 02/09/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI ROTARY CLUB FOR THE USE OF A TRACT OF LAND ALONG ALLISON DRIVE FOR THE PURPOSE OF MAINTAINING A BOY SCOUT HUT. 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 the West Corpus Christi Rotary Club for the use of a tract of land along Allison Drive for the purpose of maintaining a Boy Scout Hut, 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. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 204RP070.ord 20199 titICROMMED LEASE THE STATE OF TEXAS } COUNTY OF NTJECES } 1. This Lease Agreement is made the day of , 1987, of Corpus Christi, Texas, a municipal called "City," and the West Corpus service club acting as sponsors of the after called "Lessee." and entered into on this by and between the City corporation, hereinafter Christi Rotary Club, a Boy Scout Troop, herein - 2. The City, for valuable consideration, does by this instrument lease unto the Lessee the following described premises, to -wit: An area 300' by 400' from Tract B, Nueces View Tract, recorded in Volume 28, page 64, Nueces County Plat Records, the same area more particularly described by the following metes and bounds: From the center line of McKenzie Road, a distance along the center of Allison Drive of 918', more or less, to a 2" pipe located upon the approximate right-of-way line (West) of Allison Drive, for a place of beginning, thence 400' Northwest to a 2" pipe, thence 300' Northeastto a 2" pipe, thence 400' Southeast to a 2" pipe on the approximate right-of-way line of Allison Drive, thence 300' Southwest along Allison Drive to the point of beginning, all of which being a 2.75 acre tract of land, for a term of five (5) years, such lease beginning on the day of , 1987. 3. It is agreed that the Lessee may construct or locate on such premises, a Boy Scout hut, at Lessee's expense. Plans and specifications for said Scout Hut, or any other improvement, must be approved in advance by City. 4. Lessee agrees that it will at all times maintain said premises, and the improvements constructed thereon during the term of this lease, in a clean and sanitary condition, and at the expiration hereof to return said premises to the City in good condition, reasonable use, wear, Acts of God, fire and flood excepted. 5. It is agreed by Lessee that the premises and the improvements constructed thereon shall be used only for Scout -related activities, and for no other purpose. 01H11080.agm 6. Lessee agrees to pay for all utilities used by it on the premises leased, and to maintain and operate said premises at all times, at its own expense. 7. Lessee agrees to conform and abide by all rules required or set out by the City Manager of the City of Corpus Christi, Texas, for the operation and maintenance of the leased premises. 8. Lessee agrees to particularly comply with and fulfill all of the requirements of the ordinances of the City of Corpus Christi, Texas, applicable to these premises, and all orders and requirements imposed by the Health, Fire and Police depart- ments for the correction, prevention and abatement of nuisances and/or hazards in, upon, or connected with these premises during the term of this lease, at its own expense. 9. Lessee shall fully indemnify, save and hold harmless City, 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 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, this Lease or any opera- tions or activities thereunder, 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. 10. Lessee shall obtain and continuously maintain public liability insurance in the amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death to any one person, Three Three Hundred Thousand Dollars ($300,000) for bodily injury or death for any one occurrence, and Twenty -Five Thousand Dollars ($25,000) for property damages. Said liabil- ity policies of insurance shall name City as an additional insured by their terms and shall contain provisions that they cannot be cancelled unless thirty (30) days' written notice of cancellation shall first have been served upon the City Manager. Certificates of insurance for all said policies shall be furnished to City prior to any activities on the leased premises, and insurance shall be maintained at all times throughout the lease term. 11. It is agreed that the City may terminate this Lease at any time during the life of this Lease when in its judgment 01H11080.agm public necessity requires termination, provided that thirty (30) days notice of such termination is given to Lessee. 12. Notwithstanding any right of City to inspect or approve any improvement or activity hereunder or to make or enforce any rules or requirements, Lessee understands and agrees that it and its members are solely and exclusively fesponsible for all activities on the leased premises and control thereof, and that City has no responsibility for safety of the premises or any activity thereon, and Lessees shall not rely on any City inspection or action and shall be solely responsible for the safety of all activities on the premises. WITNESS the hands of the parties hereto, this the day of , 1987. ATTEST: CITY OF CORPUS CHRISTI By By City Secretary Craig A. McDowell City Manager LESSOR APPROVED: This day of City Attorney ATTEST: WEST CORPUS CHRISTI ROTARY CLUB By By 2 J �.-- Secretary President LESSEE) 01H11080.agm That the foregoing ordinance was second reading on this the 5 day of following vote: read for the first Y1 Betty N. Turner David Berlanga, Sr. Leo Guerrero time and pas ed to its , 19 g , by the Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong ALL__ That the oing ordinance was read for the second and passed to its third reading this the day of ,/ , 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero C Moss Bill Pruet Mar 'hodes Mary Pat S vik Linda Strong That the foregr'a• ordinance was read for the third time this the day .f , 19 , by Clif Mos -S Betty N. Turner David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the ATTE T: Cit 'Secretary APPROVED: .n 2,Z DAY OF j c r.-.,-4,-, - , 1967: HAL GEORGE, CITY ATTORNEY ant City Attor QQ naa ni Bill Pruet ary Rhodes Mary Slavik Linda Strong day of d passed finally on e following vote: , 19• THE CITY OF CORPUS CHRISTI, TEXAS That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 19 , by the llowing vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet That the foregoing ordinancea read third reading on this the / ji day following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero alkatitt) Clif Moss �U�11 That the f regoing ordi this the fah day of Betty N. Turner David Berlanga, Leo Guerrero Clif Moss Sr. 0 es Frank Schwing, Mary Pat Slavik Linda Strong he secon4 time and p ed to its , 19 , by the Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong ditiaott ance was read for the third time and passed finally on , 19 $ g , by the following vote: cu„ actsomth PASSED AND APPROVED, this :crar?b /(4%,S APPROVED: DAY OF Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong the g, day of , 19 gg . HAL GEORGE, CITY ATTORNEY By , 19 . Assistant City Attorney 99.044.01 M Y THE CITY OF CORPUS CHRISTI, TEXAS 20199 PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 68806 , Before me, the undersigned, a Notary Public, this day personally came -Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duyal, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Qak, Refugio, San Patricio, and Victoria Counties- and that the publication of "NOTICE OF PASSAGE OR ORDINANCE NO. 20199 AUTHORIZING" of 'which the annexed is a true copy, was published inthe Corpus Christi Caller -Times on the 14th day of February 1988 , and each day there- after for one consecutive day(s) one Times $ 27.60 _ Subsm—��5�g and�m=m�..n toibefore me this 16th day of February, 1988. � � ��' � �� '' Senior Accounting Clerk Edna Koster Notary Public, Nueces County,. Texas My commission expires on 11.30.88 mTvr.%T T r";TT71- "LnflX.iD A 17•1"7. T A TT T State of Texas, 3 City of C C County of Nueces J ss: Ad # 40377 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says 'that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING " of which the annexed is a true copy4 was published in the Corpus Christi Caller -Times on the 17 day of January 1988, and each day there- after for one consecutive day(s). one Times $ 28.75 bed and sworn Eugenia 3 t4rtez Notary Public, Nueces My commission expires on 6.30.89 ALL0A_—, Senior Accounting Clerk bef, this 25 day January, 1988. County, Texas {-, PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 71642 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells,, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 10 day of January 1988 , and each day there- after for one consecutive days) one Times $ 26.45 Subbed and sworn ore me this 13 day of January, 1988 enior Accounting Clerk Eugenia Cortez Notary ublic, Nueces County, Texas My commission expires on 6.30.89 TION OF A LEASE AG EE -F THE T CORPt CHRIS I t fl-` rRt CL ' HE ISE OF T : "LINO ALOi _4T. PURPOSE IM AIN! mUe AW. NW: