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Home My WebLink About021436 ORD - 07/21/1992AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH PAISANO GIRL SCOUT COUNCIL, INC. FOR THE USE OF A 38 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI FOR RECREATIONAL USE THROUGH DECEMBER 31, 2010; AND 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 lease agreement with the Paisano Girl Scout Council, Inc. for the use of a 38 -acre tract adjacent to Lake Corpus Christi for recreational purposes through December 31, 2010, 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. AG5000.170.skp 021436 LONG 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; THENCE N 34°42' E, a distance of 800 feet to the northeast corner of this tract; AG3700.021.kp 1 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 beginning sixty (60) days after final approval by City Council and expiring the 1st day of January 2010 (approximtely seventeen years). 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 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. AG3700.021.kp 2 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, togefher 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, or if sooner terminated, as herein provided, 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. Lessor or lessee may terminate this lease for any reason upon giving six (6) months notice of termination to the other party. Ao3700021.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 HEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager Approved: day of , 1992 James R. Bray Jr., City Attorney Assistant City Attorney A 1"1'hST: 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 AG3700.021.kp 4 That the foregoing ordinance was read for the first time and passed to its second reading c the day of , 19 , 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 \ 1 fk That the foregoing ordinance. was read for th second time and passed to its third reading on this the .Z 2l day of J _ , 19L42i, by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria lbt,k Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the third time and passed finally on this the 2 I J day of , 19 017, by the following vote: Mary Rhodes ) Edward A. Martin Cezar Galindo Joe McComb Leo Guerrero Dr. David McNichols Betty Jean Longoria _ Clif Moss PASSED AND APPROVED, this the _ Al 1EST: a.. City Secretary 21 Mary Pat Slavik day of MAYOR THE Z`ITY OF CORPUS CHRISTI APPROVED: 8 DAY OF j 199,)-t, 19'1i JAMES R. BRAY, JR., CITY ATTORNEY By /4 (1)4,t)( s.L &ap u ,Assistant City Attorney 044 021436 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #72694 PO # 9' 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 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) $ 40.60 7:27')//) 4- Business Office Secretary Subscribed and sworn to before me this 8th day of NOTICE GE OF July, 1992. DINANCE TREA AUTHOR! k:;THE C MANAGE XECUTE A A LEASE NT WITH PAISANO L SCOUT COUNCIL, :FOR THE USE OF A 38-A TRACT AD- JACENT TO LAKE CORPUS CHRISTI FOR RECREATIONAL USE THROUGH' DECEMBER 31, 2010; AND PROVIDING FOR PUBLICATION, term of the lease agreement shall be for approximately seventeen years and there will be no 'charge. A copy of the lease is on file in the City Secretary's office. The ordinance was passed and approved on first reading by the City Council of the City of Corpus Christi, Texas on the 18th day of June, 1992. /s/ Armando Chapa City Secretary City el Cssp rChristi L Notary Public, Nueces County, Texas My commission expires on 4-24-93 . -`tom Notary;, St t 7;710, My Coy PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #67423 PO # it rAEC 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 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28th day of June, 1992. One Time(s) $ 42.05 Business Offic Secreta Subscribed and sworn to before me this 13th day of June, 1992. ab(cA ariffaAAteccQ Notary Public, Nueces County, Texas My commission expires on 4-24-93 . NOTICE OF PASSAGE OF E ON SECOND HEADING AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH PAISANO GIRLSCOUT COUNCIL, INC., FOR THE USE OF A 38 -ACRE TRACT AD- JACENT TO LAKE CORPUS CHRISTI FOR THROUGH RECREATIONAL USE DECEMBER 31, 2010; AND PROVIDING FOR PUBLICATION, term of the lease agreement shell be for approximately se- venteen years at no cost. A copy of the lease ison file in the City Secretary's office. The ordinance was passed and approved on second reading by the City Coun- cil of the City of Cor- • pus, Christi Texas on the 23rd day of June, 1"- PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #48356 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. 021436 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 26th day of July, 1992. One Time(s) $ 39.15 �tk[.�2Li4'Lr Business Office ecretary Subscribed and sworn to before me this 6th day of August, 1992. Notary Public, Nueces County, Texas NOTICE ASSAGE OF ORDIN NO. 021436 AUTHORI • `THE CITY Lti MASE AGRNAGE EEMENT UWITH PAISANO GIRL SCOUT COUNCIL; INC., FOR THE USE OF A TRACT AD- JACENT&TOC LAKE CORPUS CHRISTI FOR RECREATIONAL USE THROUGH DECEMBER 31, 2010; AND PROVIDING FOR PUBLICATION, term of the lease agreement shall be for approximately se- venteen years at no Cost. A copy of the base is on file in the City Secrets/ye ordinance was pa and appfoved on third • Y the City Council of the C I Corpus day Christi, 1892 /s/ Armando Chspa City Secretary of Corpus Chrjti