Loading...
HomeMy WebLinkAbout021413 ORD - 06/16/1992AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SHORT TERM LEASE NOT TO EXCEED SIX MONTHS WITH PAISANO GIRL SCOUT COUNCIL, INC. FOR THE USE OF A 38 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI FOR RECREATIONAL USE; AND DECLARING AN EMERGENCY NOW, THEREFORE, 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 short term lease not to exceed six months with the Paisano Girl Scout Council, Inc. for the use of a 38 -acre tract adjacent to Lake Corpus Christi for recreational purposes, 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect u�apn first reading as ap mergency measure this the (L day of Li(AAIL , 19 L/I L . ATTEST: City Secretary V MAYOR THE CITY OF CORPUS CHRISTI APPROVED: DAY OF c- 1 , 19 crA JAMES R. BRAY JR., CITY ATTORNEY By: (ZrnLt(J Assistant Ci Attorney UUUUUU AG5000.170.skp 021413 ICROF 1M SHORT TERM LEASE AGREEMENT PAISANO GIRL SCOUT COUNCIL, INC. THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi has certain lands adjacent to its water reservoir located on the Nueces River near the City of Mathis; and WHEREAS, portions of said land are intermittently used in connection with said reservoir and request has been made for use of portions of said lands by Paisano Girl Scout Council, Inc., and such use will be subordinate to the use by the City of Corpus Christi of said lands. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the City of Corpus Christi, hereinafter referred to as "City," acting herein by and through its City Manager, for and in consideration of the agreements herein contained by the Paisano Girl Scout Council, Inc., hereinafter referred to as "Lessee,' do hereby enter into the following lease agreement: I. The City of Corpus Christi, subject to the reservations set forth in Paragraph II and VII hereof, does hereby lease to Paisano Girl Scout Council, Inc., the following described land and premises: A 38 acre tract of land, more or less, located adjacent to the water reservoir of the City of Corpus Christi formerly owned by the Lower Nueces River Water Supply District, South of the City of Mathis, Texas, and being the same tract referred to as "First Tract" in Lease Agreement dated April 10, 1958, between the City of Corpus Christi, The Lower Nueces River Water Supply District, and State Parks Board of the State of Texas; Approximately 38 acres located adjacent to and north of the present Girl Scout Area; Beginning at the northwest corner of the Kate Jones Tract described in Volume 105, Page 153, of the Deed Records of San Patricio County, Texas; THENCE N 34°42' E, a distance of 200 feet to the point of beginning of the tract herein described on the east line on said tract; AG3700.023.kp 1 act 4 THENCE N 34°42' E, a distance of 800 feet to the northeast corner of this tract; THENCE N 47°43'30" W, a distance of 1,816 feet to a point for the northwest corner of this tract; THENCE S 34°42' W, a distance of 1,040 feet to a point on the west line of this tract; THENCE S 55°18' E, a distance of 1,800 feet to the PLACE OF BEGINNING: Containing approximately 38 acres of land. ("Premises") II. This lease shall be subject to the continued uses by City of said Premises as a part of a municipal water supply system, including the use thereof for the drilling of wells and the production water, gas, and other minerals therefrom. This lease shall also be subject to all outstanding agreements heretofore executed by the former Lower Nueces River Water Supply District and City, and the uses and activities by the Lessee shall be subject at all times to the uses by City, its agents, and employees of such Premises for the municipal purposes for which said property was acquired. This Lease shall be for an Original Term of not more than six (6) months beginning upon execution by the City Manager after City Council approval and expiring upon the effective date of the Long Term Lease covering said Premises. IV. It is agreed that the Premises shall be used for no other purposes than for the recreational activities of Paisano Girl Scout Council, Inc., Lessee herein, and the activities sponsored by Lessee for the benefit of the public. It is further agreed and stipulated that Lessee may erect on such Premises such buildings as it may desire to erect for the purpose of carrying out and aiding the recreational activities of Lessee, Paisano Girl Scout Council, Inc., provided, however, that no such building shall be erected without the prior written approval of the Water Superintendent of the City of Corpus Christi, and no such building shall be erected that would interfere in any manner with the ingress and egress to said Premises by City, its agents, and employees, in carrying out such municipal purposes for which said Premises was acquired; and, it further being understood that City shall not be liable in any respect for any taxes incurred by said Lessee as the result of building and erecting structures of other improvements on said Premises, and Lessee shall pay such taxes AG3700.023.kp 2 before they become delinquent, if any are assessed. Lessee shall further be responsible for and pay any ad valorem taxes assessed against said Premises due to Lessee's use of said Premises before they become delinquent. V. The Lessee shall fully indemnify, save, and hold harmless the City of Corpus Christi, its officers, employees, and agents, hereinafter called "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 use of these Premises for recreational purposes of Lessee pursuant to this Lease unless such injury, loss, or damage shall be caused by the sole negligence of Indemnitees. Lessee shall, at Lessee's 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. Lessee shall assume full responsibility for the safety of all persons and property using said Premises, including without limitation Lessee's guests, invitees, employees, and licensees. VI. Lessee further agrees, and it is part of the consideration hereof, to obey any and all rules and regulations enacted by City governing the activities of persons, boats, etc., on Lake Corpus Christi adjacent to the Premises and for the protection of the waters of said Lake from contamination as a water supply reservoir of the City of Corpus Christi, Texas VII. City reserves all oil, gas, uranium, lignite, and other mineral interests, together with the right of ingress and egress for the exploration, development production, transportation, and processing the products hereof, in, under, or concerning said Premises or any part thereof, which the City or its assigns have or may have. City also reserves the right to use said Premises as an evacuation area in case of disaster or enemy attack. VIII. At the expiration of this lease, Lessee agrees to quit and surrender the said Premises in as good state and condition as the reasonable use and wear thereof will permit, and in such case, Lessee may remove all the property owned by it on said Premises, provided that removal will not destroy the Premises, or that any such destruction shall be repaired at Lessee's cost within thirty (30) days of removal. AG3700.023.kp 3 Lessee agrees to pay costs of publication associated with this lease agreement as required by the City Charter. Witness our hands this _ day of , 1992. A 1 1 EST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager Approved: day of James R. Bray Jr., City Attorney Assistant City Attorney , 1992 ATTEST: PAISANO GIRL SCOUT COUNCIL, INC. President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 1992, by Juan Garza, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the _ day of , 1992 by , as President of the Paisano Girl Scout Council, Inc., a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas AG3700.023.kp 4 CORPUS CHRISTI, TEXAS ko day of ()Wick , 19 ct2- TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS: For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, COUNCILMEMBERS MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 021413