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
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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