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HomeMy WebLinkAbout020449 ORD - 09/06/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL LEAGUE FOR THE USE OF A 4.23 ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR CONDUCTING A GIRLS KICKBALL PROGRAM. 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 Oso Little Misses Kickball League all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." 025.ord 20449 MICROFILMED LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY", and the OSO LITTLE MISSES KICKBALL LEAGUE, Corpus Christi, Texas, herein- after referred to as "LESSEE" W ITNESSET H: That the City of Corpus Christi, for and in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, 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 4.234 acre tract of land out of Lots Seven (7), Nineteen (19), and Twenty (20), Section Seventeen (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 4.234 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 1"iron pipe in the southeast boundary line of the Continental Pony League Lease Tract, said point being S. 60 degrees 58'50" E., 435.0 feet from the most northerly corner of said Lot Nineteen (19), for the beginning corner of the tract herein described; Thence S. 60 degrees 58" E., with the southwest boundary line of the Oso National Pony League Lease Tract, a distance of 470.92 feet to a point for an interior corner of the tract herein described; PAGE 2 Thence N. 69 degrees 16' 10" E., a distance of 416.16 feet to a point in the arc of a curve, the southwest right-of-way line of Ennis Joslin Road for the most northerly corner of the tract herein described; Thence in a southeasterly direction with the southwest right-of-way line to said Ennis Joslin Road and with the arc of a curve to the left whose central angle is 0 degrees 32' 10" and whose radius is 5,769.58 feet, an arc dis-- tance of 53.95 feet to a point for a corner of this tract; Thence S. 76 degrees 36' 40" W., a distance of 66.21 feet to a point for an interior corner of the tract herein described; Thence S. 33 degrees 18' 50" W., a distance of 445.76 feet to a point for the most southerly corner of this tract; Thence N. 60 degrees 45' 10" W., a distance of 700.0 feet to a 1" iron pipe in the most southerly corner of said Continental Pony League Lease Tract for the most westerly corner of the tract herein described; Thence N. 29 degrees 01' 10" E., with the south- east boundary line of said Continental Pony League Lease Tract, a distance of 202.0 feet to the point of beginning. Containing 4.234 acres of land more or less. Being a 0.257 acre tract of land out of Lot Seven (7), Section Seventeen (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 0.257 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the southwest boundary line of said Lot Seven (7), and in the most southerly corner of the Oso National Pony League Lease Tract, said point being S. PAGE 3 60 degrees 58' 50" E., 905.92 feet from the most westerly and beginning corner of the tract herein described; Thence N. 69 degrees 16' 10" E., a distance of 415.16 feet to a point in the southwest right-of-way line of Ennis Joslin Road, for the most northerly corner of the tract herein de- scribed; 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 0 degrees 32' 10" and whose radius is 5,769.58 feet, an arc distance of 53.95 feet to a point for the most southerly corner of this tract; Thence S. 76 degrees 36' 40" W., a distance of•421.66 feet to the point of beginning. Containing 0.257 acre of land more or less. The term of this lease shall be five (5) years, beginning on the day of , 19 , 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 agree 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 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 agree that no additions or alternations shall be made to the premises without the consent of the Park and Recreation De- partment in writing. Lessee further agrees that the Park and Recreation Board of the City shall have joint use of the property during the term hereof, subject to the right of the Lessee to have exclusive control of the property during its use for youth kickball program purposes. Lessee shall not deny access and use of the park to the general public during the hours when the park is not in use for youth kickball purposes. Lessee further agrees that the City may use said land when needed by the City or needed PAGE 4 to be crossed by the City by the installation of utility or effluent lines and/or easements without compensation to Lessee for such easements or damage for installation, maintenance, re- moval or repair of said utility or effluent lines, providing the City exercises reasonable judgement in the location of said easements and lines and locates said easements and 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 youth kickball program and for no other purpose without written consent of the Park and Recreation Department. 4. Lessee does hereby agree to pay for all utilities used by it on the said premises or used by any other activity sponsored by Lessee on 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 premise on a year-round basis. Maintenance shall include mowing of premises, keeping fences, concession areas, restrooms, and parking areas in a good state of repair. 6. Lessee does hereby agree to promptly execute and fulfill all of the ordinances of the City pertaining to health and sani- tation, and to execute and fulfill all ordinances, order and requirements imposed by the Health, Sanitation, Fire and Police Departments, for the correction, prevention and abatement of nuisances and/or hazards in, upon, and connected with the operation of a ball park on said premises at Lessee's own expense. . Lessee shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (herein- after "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions on any nature whatsoever on account of personal injuries (including, without limitation workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or be in any way connected with, the performance of this Agreement, unless such injury, loss or damage shall be caused by the sole negligence of Indemnitees. 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. PAGE 5 8. Lessee shall secure and maintain at Lessee's expense during the term of this Lease, a Comprehensive General Liability insur- ance policy to include contractual liability and premises/ operations coverage. Minimum limits of coverage shall be THREE HUNDRED THOUSAND DOLLARS ($300,000) for bodily injury or death of any one person arising out of one occurrence, FIVE HUNDRED HUNDRED THOUSAND DOLLARS ($500,000) for bodily injury or death to all persons arising out of one occurrence, and ONE HUNDRED THOUSAND DOLLARS ($100,000) for property arising out of one occurrence. The policy shall name the City of Corpus Christi as an additional insured. A Certificate of Insurance evidencing the insurance coverages required hereunder shall be furnished to the Department of Park and Recreation, City of Corpus Christi prior to the commencement of this Lease. The Certificate shall indicate that the Department of Park and Recreation will be given at least thirty (30) days' notice of cancellation, intent not to renew or material change or any coverages required hereunder. 9. 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. The repair and/or replacement of any improvements placed on said premises by Lessee shall be the sole responsibility and expense of Lessee. 10. 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, maintaining suitable entrance and exit roads, properly designated, and keeping all driveway and parking areas free of potholes, all in accordance with standards set out by the Director of Park and Recreation. 11 It is agreed that either party may terminate this agreement at any time during the life of this instrument, provided that six (6) months written notice of such termination is given. 12. It shall be the responsibility of the Lessee to maintain a current list of its officers on file with the Park and Recreation Department. 13. This Agreement, together with all exhibits attached hereto, constitutes the entire Agreement between the parties hereto and all other representatives of statement heretofore made, verbal or written, are merged herein and this Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. 19 PAGE 6 EXECUTED IN DUPLICATE ORIGINALS this day of ATTEST: CITY OF CORPUS CHRISTI: By Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: C DAY OF aw&-o- , 19 (93HAL GEORGE, CITY ATTNEY By . AA0,0-4 cdi%cuv Assistant Ci Attorney OSO LIiTTLE MISSES KICKBALL LEAGUE BY‹._ x/!-1 /j /M --„_ \,'-,.. \ \ 4 / \ \jk : \ ---1 \...,__....] That the foregoing ordinance was read for/qi e first time and passed to its second reading on this the �y day of `Jj p � , 19 gSJ , by the following vote: 6 Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong (kV- atzt That the foregoing ordinance was read for a second time and passed to its third reading on this the q h day of6 L_ , 19T2 , by the following vote: Betty N. Turner David Berlanga, Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the forgoing ordi nce was read for the third time and passed finally on this the (p4- day of , 19n , 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 PASSED AND APPROVED, this the (p4 -h day of , 19b g . ATTEST: City Secretary APPROVED: 3,5 DAY OF D -J (i HAL GEORGE, CITY ATTORNEY By g,. As nt City Attor ,191a: 99.044.01 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 20449 PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces 3 ss: Ad # 57953 tiefore 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- Tinies, 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 Oa, Refugio, San Patricia, Nueces, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE NO. 20449 AUTHORIZING" of which the annexed is a true copy, was published in the Corpus Christi Ca7ler-Times on the 11th day of September 1988 , and each day thereafter for zero consecutive day(s). one Times $ 3 Se ior Accounting Clerk Su ed an -w�` t e ore me this 13th day of September, 1988. Edna Koster Notary Public, Nue e_ County, Texas My commission expir - on 11.30.88 LI Ta PUBLISHER'S AFFIDAVIT State of Texas, ] CITY OF C C County of Nueces ] ss: Ad # 69642 Before me, the undersigned, a Notary Public, this day personally came Iris Yap, 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 "of which the annexed is a true copy, was published. in the Corpus Christi Caller -Times on the 7th day of August, '1988 and each day there- after for consecutive day(s) One Time$ $32.20 Subibed and svjonn to before me this _19th day of August ,1988 Senior Accounting Clerk EDNA KOSTER Notary Public, Nueces County, Texas My commission expires on 11.30.1988 AUTHOMING T AGREEA FIVE-YEAR LEASE MENT WITH THE OSO LITTLE , MISSES KICKBALL • LEAGUE FOR ',THE USE OF A 4.23 ACS-MACT OF LAND IN SOUTH 9UH_PARK FOR CONDUCTING A GIRLS KICK- BALL PROGPAM. Was passed and approved• . an first reading by the City Council of the City of Corpus ' Christi, Texas on the2ndday of A u5�t.. and. the. fufl ' text said R9�dktarrce is avail - is to tfia p'ubUc In the Office PUBLISHER'S AFFIDAVIT 'State of Texas, ] CITY OF CORPUS CHRISTI County of Nueces 1 ss: Ad # 55308 Before me, the undersigned, a Notary Public, this day personally came Iris Yap, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of"NOTICE OF PASSAGE OF ORDINANCE ON SECOND "of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14TH day of August, '1988 and each day there- after for consecutive day(s) One Time$ $32.20 Sub ibed and swor before me this _19th day of August 1988 Senior Accounts g Clerk EKOSTER Notary Public, Nuece- - nty, Texas My commission expires on 11.30.1988 STT LMAC 4.23 $ CONC BL: Was :.OR se Cou Ch PUBLISHER'S AFFIDAVIT State of Texas, ] CITY OF C C County of Nueces 1 ss: Ad # 50810 Before me, the undersigned, a Notary Public, this day personally came Iris Yap, 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 PUBLIC HEARING The Corpus Christi "of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 13th day of August, '1988 and each day there- after for consecutive day(s) One Time $33.60 -,a Senior AccountiYig Clerk Su ribed an swo/n #o before me this _19th day of August ,1988 EDNA KOSTER Notary Public, Nuec ounty, Texas My commission expires on 11.30.1988 Council' 16, I/8_ ed to i the Putt been at aoxxnately 2:30 1 PM in the City, Council Cham- r bpra 1201:. Leopard.w, . ieS of 'tlta report rec 'ng' h the amide Plant, Sete. are tf fat public, rem in the gineeri%i' Services De- Hall, 12Q1