HomeMy WebLinkAbout020234 ORD - 03/08/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT
WITH THE NATIONAL LITTLE LEAGUE FOR A 4.35 ACRE TRACT OF
LAND IN SOUTH GUTH PARK FOR CONDUCTING A LITTLE LEAGUE
PROGRAM; AND PROVIDING FOR PUBLICATION.
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 National Little League for a 4.35 acre tract
of land in South Guth Park for the purpose of establishing and maintaining a
Little League program, 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 by publishing the caption stating in substance the
purpose and terms of said lease as required by law.
205RP065.ord
20234 MICROFILMED
Exhibit "A"
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement made and entered into this the day of
A. D., 1988, by and between the City of Corpus Christi, Texas, a municipal
corporation, hereinafter called "City" and the National Little League, Corpus
Christi, Texas, hereinafter called "Lessee".
W I T N E S SET 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 piece or parcel of land, containing 4.349 acres of land
more or less, located in Nueces County, Texas, being more particularly described on
Exhibit "1" attached hereto, and as follows, to -wit"
Being a 4.349 acre tract of land out of Lot 6, 7, 20, and 21,
Section 17, Flour Bluff and Encinal Farm and Garden Tracts as
shown by map of record in Volume A, pages 41, 42, and 43, map
records, Nueces County, Texas, said 4.349 acre tract being more
particularly described by metes and bounds as follows:
Being at a 1" iron pipe in the most southerly corner of the
National Little League Lease Tract: thence S 60 degrees 45', 10"
E., a distance of 700.0 feet to a point, the most westerly and
beginning corner of the tract herein described;
THENCE N. 33 degrees 18', 50" E., a distance of 445.75 feet to a
point;
Thence N. 76 degrees 36', 40" E., a distance of 66.21 feet to a
point in the southwest right-of-way line of Ennis Joslin Road;
for the most northerly corner of this tract;
Thence in a southeasterly direction with the southwest
right-of-way line of said Ennis Joslin Road and with the arc of
a curve to the left whose central angle is 3 degrees 46', 50",
and whose radius is 5769.58 feet, an arc distance of 380.70 feet
to a point, the P.T. of said curve for a corner of this tract;
Thence S. 28 degrees, 01', 30" E., still with the southwest
right-of-way line of said Ennis Joslin Road, a distance of 261.25
feet to a point for the most easterly corner of this tract;
Thence S. 51 degrees, 15', 20" W., a distance of 142.38 feet to a
point for the most southerly corner of this tract;
Thence N. 60 degrees 45', 10" W., a distance of 560.00 feet to
the point of beginning.
For a term of five (5) years, said Lease beginning on the day of
1988, and five (5) years thereafter, subject to the following conditions and
covenants:
1. The National Little League hereby and by these presents agrees to
accept said premises as existing and completed, to maintain said premises during the
term of this Lease in a clean and sanitary condition, and at the expiration of this
Lease to return said premises to City in as good condition as received, reasonable
use, wear, acts of God, fire and flood excepted.
2. No additions or alterations shall be made to the premises without the
consent of the City in writing; and any and all improvements placed on said premises
which are unattached to the land may be moved by the Lessee at the expiration of this
lease:
3. The City shall have joint use of the premises, subject to the right of
the Lessee to have exclusive control during its use for Little League purposes. Lessee
shall not deny access and use of the premises to the general public during the hours
when the premises is not in use for Little League purposes. The City may use any of
the land as a utility or effluent line easement without compensating Lessee for use
of such easement or damage for installation, maintenance, removal or repair of lines
in such easement.
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.
5. The Lessee agrees to pay for all utilities used by it on the premises
leased by it, or used by any activity sponsored by it.
6. Lessee agrees to conform to all rules set out by the City for the
operation of the leased premises, or maintenance of said premises.
7. 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.
8. 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.
9. 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 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
(12/14/87)
claims and demands, attend to their settlement or other disposition, defend all
actions based thereon and pay all charges or attorneys and all other costs and
expenses of any kind arising from any such liability, damage, loss, claims, demands,
and actions.
10. 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 persons,
FIVE HUNDRED THOUSAND DOLLARS ($500,000) for bodily injury or death for any one
occurrence, and ONE HUNDRED THOUSAND ($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.
11. 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.
12. 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 Park and Recreation.
13. Lessee must maintain a current list of officers on file with the Park
and Recreation Department throughout the term of the lease.
14. Either party may terminate this agreement with six months notice of
said termination.
15. This contract contains all provisions agreed upon by the parties
hereto and displaces all previous verbal or oral agreements.
16. Lessee shall pay any and all assessments or taxes, including ad
valcrem 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 construed by: the parties hereto, nor by a 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.
1988.
WITNESSETH the hands of the parties hereto this the day of
-3- (12/14/87)
ATTEST:. CITY OF CORPUS CHRISTI, TEX'kS
Armando Chapa, City Secretary Craig A. McDowell, City Manager
APPROVED:
DAY OF , 1988
NATIONAL LITTLE LEAGUE OF CORPUS CHRISTI,
Hal George, City Attorney TEXAS
BY
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That the foregoing ordinance was read for the first time and passed to its
second reading on this the Ara_ day of , 19g'' , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the second time and passed to its
third reading on this the �` day of , 19 gg , by the
following vote:
Betty N. Turner C D Bill Pruet sabib
David Berlanga, Sr. Mary Rhodes 0
Leo GuerreroAFrank Schwing, Jr.
Clif Moss Mary Pat Slavik 4 4 `"
Linda Strong
That the f r going ordin nce as read for thAr,Xhird time and passed finally on
this the A day of /(4 , 19 XX , by the following vote:
Betty N. Turner a/1_2 Bill Pruet
David Berlanga, Sr. Mary Rhodes /.
Leo Guerrero 0.6dAt L Frank Schwing, Jr. _dV2______
Clif Moss Mary Pat Slavik at1L)
Linda Strong
PASSED AND APPROVED, this the 0 day of /T4iV1_k_) , 19 0 D .
ATTAST:
City Secretary
APPROVED:
-224/DAY OF .7-6,44//9/2/ , 1951':
HAL GEORGE, CITY ATTO
nm naa_ni
MAY.
THE CIT 'OF CORPUS CHRISTI, TEXAS
20234
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of Corpus Christi
Cdunty of Nueces ] ss: Ad # 68994
ore me, the undersigned, a Notary Public, this day personally came
• nne D. Palmer, who being first duly sworn, according to law, says
Anat• she is a Senior Accounting Clerk of the Corpus.. Christi Caller -
T es, a daily newspaper published at Corpus Christi i- said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
DuvaI, 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 copy, was published in the 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 Spnior Accounting Clerk
S'.oscrr! rn to before me this 16th day of February, 1988.
Edna Koster
Notary Public, Nuec�= County, Texas
My commission expires on 11.30.88
PUBLISHER'S AFFIDAVIT'
State of Texas, 1 City of r r
Cunty of Nueces 1 ss: Ad # 67169
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 7TH day of February 1988, and each day there-
after for one consecutive day(s)
one Times
$ 27.60
Sub- ed
Senior Accounting Clerk
g.,—,--- to before me this 12th day of February, 1988.
Edna Koster
Notary Public, Ni -4s County, Texas
My commission expires on 11.30.88
NO
ORDINANCE
AUT:oleo
OF PAS
FASF
LAND IN SOUTH GUTH PARK•
FOR CONDUCTNG A LITTLE
PROVIDING oft
LEAGUE LircA,
• Was passed and approved
on first reading the City
by
CoutmilOt the Crty0#1,,..,,ccr,pcau;
theChristi. Texas on
otA February, 1988, and the
PUBLISHER'S AFFIDAVIT
State of Texas, 7 City of C C
County of Nueces l ss: Ad # 60176
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 Patricia, and Victoria Counties, and that the ,
publication of "NOTICE OF PASSAGE OF ORDINANCE NO. 20234 AUTHORIZING}t of
which the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 13 day of March 1988 ,"and each day there-
after for one consecutive day<s>
one Times
26.45
Sub ibed and sworn tr5� b fore me this 17th day of March, 1988.
Eugenia ::. Cortez
Notary Public, Nueces
My commission expires on 6.30.89
County, Texas
AUTK _
TION[ OF'A Ff "VEA E EASE
AGREEMENT WITH.THE NA-
TIONAL LITTLE LEAGUE FOR .;
A 445a`E =TRACT. OF,
LAND INaSOUTH GUTH PARK
FOR CONDUCTING A LITTLE
LEAGUE.PROGRAM AND
PROVIDAtt, FOR , PUBLICA-.
TION
Was passed and approved
on third reading by>the City
Council of the City -of Corpus
Christi, Tex the'8th day
.of March, 1988 and the full
text of said ordinance is avail-
able to the public in the Office
of the City Secretary.
/s/ Armando Chapa
City
"Secretary
us, Christi Texas