Loading...
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 i__ rs--‘.--6611-m."\ >< V-- \ t ,, , li i j ' \ 4/ ---\--- i it \ ‘ / \---* 1 -tt • __41‘2q\):N • 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