HomeMy WebLinkAbout021429 ORD - 07/14/1992AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE
AGREEMENT WITH THE SOUTHSIDE YOUTH SPORTS COMPLEX, INC.
FOR THE USE OF TWO PARCELS OF LAND AT PRICE PARK FOR
YOUTH BASEBALL PROGRAMS; PROVIDING FOR PUBLICATION.
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 five-year lease agreement with the Southside Youth Sports
Complex, Inc. for the use of two parcels of land at Price Park for
youth baseball programs, 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 as required by the City
Charter of the City of Corpus Christi.
A05000.169.skp
MICROFILMED
021429
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
SOUTHSIDE YOUTH SPORTS COMPLEX, INC., CORPUS CHRISTI, TEXAS,
hereinafter called "LESSEE":
WITNESSETH
That the City of Corpus Christi, Texas, 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 the said
Lessee, the following pieces or parcels of land located in Nueces County, Texas, being more
particularly described as Tract 2 and Tract 4, both of which are more particularly described
by metes and bounds on Exhibits A and B, attached hereto and made a part hereof for all
purposes, and shown by map on Exhibit C, attached hereto and made a part hereof for all
purposes.
Said Tract 2 and Tract 4 and all improvements thereon shall be collectively called
"Premises" herein.
The term of this lease shall be five (5) years, commencing 60 days after final Council
approval and subject to the following covenants and conditions:
1. Lessee does by these presents and by entering upon the Premises agree to
maintain the Premises at all times 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. No additions or alterations shall be made to the premises without the prior
written consent of the Park and Recreation Department.
Lessee further agrees that the City shall have joint use of the Premises during
the term hereof, subject to the right of the Lessee to have exclusive control
of the Premises during its use for youth baseball program 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 youth baseball purposes. Lessee
further agrees that the City may use said Premises when needed by the City
or needed to be crossed by the City for the installation of utility or effluent
lines and/or easements without compensation to Lessee for such easements
or damage for installation, maintenance, removal 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 lines at points other than
where improvements are located whenever it is reasonably possible.
1
3. Lessee shall 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 baseball program and for no other purpose without prior
written consent of the Park and Recreation Department.
4. Lessee shall 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 shall conform to all rules set out by the City Manager and/or his
designee of the City for the maintenance of said Premises on a year-round
basis. Maintenance shall include litter pickup, mowing of Premises, and
keeping fences, concession area, restrooms, and parking areas in a good state
of repair. Litter pickup shall be done on a daily basis while the Premises are
being used. No grass on the Premises shall exceed 6" above the ground. The
grass shall be cut within a week after it reaches 6" in height. Failure to
properly maintain said Premises year-round shall be grounds to terminate this
Lease. If City provides written notice to Lessee of necessary maintenance,
Lessee shall have 10 days to complete said maintenance. If said maintenance
is not completed City may undertake said maintenance and bill Lessee for the
cost. Lessee shall pay said billed costs within 30 days of receipt of invoice
from City. If payment is not timely made, City may terminate this Lease upon
10 days written notice to Lessee.
6. Lessee does hereby agree to promptly execute and fulfill all of the ordinances
of the City pertaining to health and sanitation, 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.
7. Lessee shall fully indemnify, save and hold harmless the City of Corpus
Christi, its officers, employees, contractors, 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 way connected with, the performance of this Lease 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.
8. Lessee shall secure and maintain at Lessee's expense during the term of this
Lease, a Comprehensive General Liability insurance policy to include
contractual liability and premises/operations coverage. Minimum limits of
coverage shall be ONE HUNDRED THOUSAND DOLLARS ($100,000.00)
2
for bodily injury or death of any one person arising out of one occurrence,
FIVE 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 damage arising out of one
occurrence. The policy shall name the City of Corpus Christi as additional
insured prior to the commencement of this Lease. The Certificate shall
indicate that the Director of Parks and Recreation will be given at least thirty
(30) days' notice of cancellation, intent not to renew or material change of
any coverages required hereunder. Lessee will provide copies of all insurance
policies upon City's written request.
9. In exercising any of the leased rights or privileges, Lessee shall not on the
grounds of race, sex, creed, handicap, or national origin discriminate or permit
discrimination against any person or group of persons in any manner
prohibited by the laws of the United States or the State of Texas. City hereby
expressly retains the right to take such action as the United States may direct
to enforce this non-discrimination covenant.
10. 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.
11. Lessee further agrees to use a portion of said Premises 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.
12. It is agreed that either party may terminate this Lease at any time, provided
that six (6) months written notice of such termination is given to the other
party, except for termination under paragraph 5.
If to City:
C4_of Corpus Christi
A=I: Director of Park & Rec.
P.O. Box 9277
Corpus Christi, TX 78469-9277
If to Southside Youth Sports Complex:
Southside Youth Sports Complex, Inc.
ATTN: President
P.O. Box 6793
Corpus Christi, TX 78466
13. It shall be the responsibility of the Lessee to annually submit a current list of
its officers to the Park and Recreation Department on the anniversary date
of this Lease.
14. This Agreement contains all the provisions agreed upon by the parties hereto
and displaces all previous verbal or oral agreements.
3
EXECUTED IN DUPLICATE ORIGINALS this _ day of
199
ATTEST:
City of Corpus Christi
By
Armando Chapa, City Secretary Juan Garza, City Manager
Approved:
Day of , 1991
James Bray ty Attorney
Southside Youth Sports Complex, Inc.
Corpus Christi, Texas
By
Assistant Ci Attorney president
deci
4/9, spt.com
4
TRACT 2
STATE OF TEXAS
COUNTY OF NUECES
e>.<14 4:46:.
BEING A 3.018 ACRE OF TRACT OF LAND OUT OF LOT 1, EVELYN PRICE
PARR, A MAP OF WHICH IS RECORDED IN VOLUME 53, PAGES 56 & 57, OF
THE MAP RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
Beginning, at a point, on the northwest boundary line of said lot
1, Evelyn Price Park and the southeast boundary line of Lot 2, W.C.
Lowery Park, a map of which is recorded in Volume 35, Page 51, of
the map records of Nueces County, Texas, for the north corner of
this tract, from which point, the north corner of said Lot 1 and
the east corner of said Lot 2, bears, north 28°18'00" East, a
distance of 200.00 feet;
Thence, South
point, for the
Thence, South
point, for the
61°47'00" East, a distance of 394.52 feet, to a
east corner of this tract;
28°18'00" West, a distance of° 358.09
south corner of this tract;
Thence, North 61°42'00" West, a distance of
for a corner of this tract;
Thence, North 16°42'00" West, a distance of
for a corner of this tract;
feet, to a
95.85 feet, to a point,
48.61 feet, to a point,
Thence, North 61°42'00" West, a distance of 264.29 feet, to a
point, on the common boundary line of said Lot 1, Evelyn Price Park
and Lot 2, said' W.C. Lowery Park, for the west corner of this
tract;
Thence, North 28°18'00" East, with said common boundary line a
distance of 323.14 feet, to the PLACE OF BEGINNING and containing
3.018 acres of land.
TRACT 4
STATE OF TEXAS
COUNTY OF NUECES
BEING A 3.988 ACRE TRACT OF LAND OUT OF LOT 1, EVELYN PRICE PARK,
A MAP OF WHICH IS RECORDED IN VOLUME 53, PAGES 56 & 57, OF THE MAP
RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
Beginning, at the most westerly point of curvature of a circular
curve, at the south corner of said Lot 1, same point being on the
northeast right-of-way line of a 50.00 foot wide road known as
Lamont Street and the southwest boundary line of said Lot 1, for
the most westerly south corner of this tract;
Thence, North 61°47'00" West, with said right-of-way line and
southwest boundary line, a distance of 545.21 feet, to a point, for
the west corner of this tract;
Thence, North 28°18'00" East, a distance of
point, for a corner of this tract;
Thence, South 61°42'00" East, a distance of 41.
for an inside corner of this tract;
Thence, North 28°18'00" East, a distance of 71.
for the north corner of this tract;
Thence, South 69°21'29" East, a distance
point, for an inside corner of this tract;
Thence, North 69°57'59" East, a distance
point, for a corner of this tract;
Thence, South 61°42'00" East, a distance of 91.49 feet,
on the northwest right-of-way line of a 50.00 foot wide
as Weir Drive and the southeast boundary line of said
the east corner of this tract;
Thence, South 28°18'00" West, with said northwest right-of-way line
and southeast boundary line, a distance of 385.88 feet, to the
point of curvature of a circular curve, to the right, for the most
easterly south corner of this tract, which curve has a central
angle of 89°55'00", a radius of 10.00 feet, a tangent distance of
9.99 feet and an arc length of 15.69 feet;
Thence, with said curve to the right, in a northwesterly direction,
a arc distance of 15.69 feet, to the PLACE OF BEGINNING and
containing 3.988 acres of land.
of
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iat a foregoin ordinance was read for the first time and passed to its second reading
rri
iv; ) , by the following vote:
.ne 1 day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was read for the second time and passed to its third reading on
this the
z day of it, 6:: , 19 ' 12 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb ii :\k
k':. t Dr. David McNichols'',
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was read for the third time and passed finally on this the i<it
day of 19 9'2_, by the following vote:
Mary Rhodes Edward A. Martin a ,
Cezar Galindo ��� i Joe McComb d ;fi
Leo Guerrero 1';/..4. , Dr. David McNichols
Betty Jean Longoria '' _ - Clif Moss 7/
Mary Pat Slavik / - C.Y
i
PASSED AND APPROVED, this the /j day of . L , 19 9
Dal
Al 1'EST:
City ecretary
MAYOR
THE C
APPROVED: DAY OF " i a , 19`1 :
JAMES R. BRAY, JR., CITY ATTORNEY
044
A4 u a.i _� n , Assistant City Attorney
DD 02142%
OF CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #78859
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING
THE CITY MANAGER TO EXECUTE A FIVE (5) YEAR LEASE AGREEMENT which
the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 14th day of June, 1992.
One Time(s)
$ 40.60
Subscribed and
July, 1992.
Business Offi SecretarM`
sworn to
before me this 1st
Notary Public, Nueces
My commission expires
DEOPAViL.
ir.lar, c
State e.
Comm,. Ex_, 4 ...
(143
`'- t, ` ( I
County, Texas
on 11-30-92.
day
of
$QTIcE of • (y_�g
AUTHOR WM READ*.
THE CITY
MANAGER TO EXECUTE A
FIVE (5) YEAR LEASE
AGREEMENT WITH THE
SOUTHSIDE.YOUTH SPORTS
COMPLEX, INC., FOR THE
USE OF TWO PARCELS OF
YOUTH BASEBALL FD AT PRICE PARK
I9R.
GRAMS; AND `PROVIDING
't PUBLICATION,term of the
s Imes agreement slag befa
twoyears end ret: for the
it Property will be S for 01.00
is per year.
U Acopy of de awn
is on file in the City
na Secretary's office.
.e The ordinance was passed
3- and apProved on hest reading
„ by the City Council of the City...
in of Corpus Chdatil Testas on
at the fifth dayb A o0CFyit ga.-
e City Seesetary
d City of
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #72707
PO #
JU[
ECi
OFF,
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING
THE CITY MANAGER TO EXECUTE A FIVE (5) YEAR LEASE AGREEMENT
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day of June, 1992.
One Time(s)
Business Office Secre =ry NO ': 'PASSAG
OF ORDINANCE
ON SECOIND READING
F
$ 43.50 MANAl9L�N;?O XECUTETA
FIVE (5) YEAR LEASE
AGREEMENT WITH THE
SOUTHSIDE YOUTH SPORTS
Subscribed and sworn to before me this 87th day of COMPLEX, INC., FOR PIE
July, 1992.
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
USE OF TWO PARCELSOF
LAND AT PRICE PARK POR
YOUTH .BASEBALL PRO-
GRAMS; AND PROVIDING
FOR PUBLICATION, termof
fortwo
the
se agreement shall be
years and rent for the
property will be $1.00 per
year.
A copy of the lease
is on file in the City
Secretary's office.
The ordinance was passed
and approved on second
reading by the City Council of
- �-the City of Corpus Christi,
DEBRA VI Texas on the 16th day of
U qRR June, 1992.
Notary Pubik h /s/ Armando Chaps.
State Ot T ',ras ( City Secretary
MY (omrn t_xR City of Corpus Christi
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #52164
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021429 which the annexed is
a true copy, was published in the Corpus Christi Caller -Times on
the 19th day of July, 1992.
One Time(s)
$ 40.60
Business Offic
Subscribed and sworn to before me this 31st day of
July, 1992.
►12b&Q DL9 QV/ea
Notary Public, Nueces County, Texas
ASSAGE OF
VOICE
NANCE•NO. 021429
AUTHORIZING THE CITY
MANAGER TO EXECUTE A
Fl9Lt (5) YEAR LEASE
AGREEMENT WITH THE
Sa1THSIDE YOUTH SPORTS
COMPLEX, INC., FOR THE,
USE OF TWO PARCELS OF
LAND AT PRICE PARK FOR
YOUTH BASEBALL PRO-
GRAMS; AND PROVIDING
FOR PUBLICATION, term of 1
the lease agreement shell be
for two years and rent for the
property will be $1.00 per
year.
A copy of the lease
is on file in the City
Secretary's office.
The ordinance was passed
and approved on third reading
by be City Council of the City
of Corpus Christi, Texas on
tlwd4th day of July, 1992.
V' /s/ Armando Chapa
Ch
City Secretary
City e} Corpus Christi