HomeMy WebLinkAbout021604 ORD - 03/16/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A FIVE-YEAR LEASE WITH AMERICAN LITTLE LEAGUE
FOR 6.66 ACRES OF BOTSFORD PARK FOR YOUTH BASEBALL
PROGRAMS FOR $1.00 AND MAINTENANCE OF THE FACILITY AND
PREMISES; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to
execute a five (5) year lease with American Little League for youth baseball programs for
the consideration of $1.00 and all maintenance costs for the leased premises, as set out in
the lease, a copy of which is attached and incorporated as Exhibit A.
SECTION 2. Publication shall be made one time in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus Christi.
AG5000.309.ajr
021604
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 AMERICAN
LITTLE LEAGUE, 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 piece or parcel of land located in Nueces County, Texas, being more
particularly described premises, to -wit:
A track of land approximately 423 feet in width and 630 feet in length, being a portion of
the area designed as "Park" in the Botsford Place Unit 2 of Record in Vol. 16 page 47, Map
of Records of Nueces County, Texas, also a portion of Lots 5,6,7, and 8, Block A and Lots
5 and 8, Block B, Lexington Place Subdivision, of record in Vol. 9, page 7 Map Records of
Nueces County, Texas, more particularly described by metes and bounds as follows:
Beginning at a point in the North boundary line of said Lexington Place, said point bears
S. 61 degrees, 30 ' E. 196.54 feet from the most northerly corner of said Lexington Place
Subdivision;
Thence N. 61 degrees, 30' W. with the north boundary line of said Botsford Place, a distance
of 290 feet to a point;
Thence along the arc of a circular curve to the left having a radius of 20 feet and a central
angle of 89 degrees, 33', a distance of 31.26 feet to a point;
Thence S. 29 degrees, 30' W., with the east boundary line of Hamlett Street, a distance of
490 feet to a point;
Thence S. 61 degrees, 30 E., a distance of 125.03 feet to a point;
Thence S. 29 degrees, 30' W., a distance of 108.74 feet to a point;
Thence S. 61 degrees, 30' E., a distance of 330.0 feet to a point;
Thence N. 29 degrees, 30' E., parallel to a 455.03 feet east of the east boundary line of
Hamlett Street, a distance of 630 feet to a point;
Thence N. 61 degrees, 31' W., a distance of 133.46 feet to initial point on the northern
boundary, see Attachment #1, ("Premises").
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E 1,. L./ /1
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.
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.
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6. Lessee shall promptly execute and fulfill all of the rules and laws of the City,
State and Federal Governments which apply to this Lease. Lessee shall also
execute and fulfill all ordinances, orders 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)
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 coverage 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
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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 at the address set out below except for termination under paragraph 5.
If there is a violation of any other term of this contract Lessee shall have 10
days after receipt of written notice from the City to cure or begin curing the
violation. If the cure is not complete or substantially complete within 30 days
after receipt of written notice City may terminate this lease upon 10 days
written notice to Lessee.
If to City:
City of Corpus Christi
ATTN: Director of Park & Rec.
P.O. Box 9277
Corpus Christi, TX 78469-9277
If to American Little League:
American Little League
ATTN: President
4942 Dodd
Corpus Christi, TX 78415
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. Failure to do so may result in termination of this Lease.
14. Upon expiration of this Lease, Lessee may holdover upon the same terms and
conditions as set out herein on a month-to-month basis, until the Premises are
leased to Lessee or someone else. If the Premises are leased to someone else,
Lessee shall vacate the Premises within thirty (30) days after receipt of notice
of the new lease.
15. This Agreement contains all the provisions agreed upon by the parties hereto
and displaces all previous verbal or oral agreements.
EXECUTED IN DUPLICATE ORIGINALS this _ day of , 199
Ai i EST:
City of Corpus Christi
By
Armando Chapa, City Secretary Juan Garza, City Manager
4
Approved:
5_ Day of. ...C.-bittrut , 1992
James Bray, City Attorney
American Little League
Corpus Christi, Texas
By c.A Lion b ccazuua-r B 1
Assistant City Attorney Pre dent
amerim2
2(3/93
5
J
That t e foregoing ordinance was read for thenl first time and passed to its second reading on this
the ; day of �%,'�io,,�.1; ; I� , 19 Q3, by the following vote:
Mary Rhodes
Cezar Galindo
T an i'„arrerr
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 16 day of 1'iria.vi.% , 19 (4,3 , by the following vote:
(it,, yi Edward A. Martin
Joe McComb
Dr. David McNichols
_ Clif Moss
Mary Pat Slavik
Mary Rhodes
Cezar Galindo
Lee -Guerrero
Betty Jean Longoria
That the foregoing��ordinance was�read for
�
day of N Yk: if ^ ,In , 19 11,2-, , by the
Mary Rhodes
Cezar Galindo
i en C'.i_ :_rrrerp
Betty Jean Longoria (
PASSED AND APPROVED, this the
ATTEST Q/j
City Secretary
APPROVED: _'`i DAY OF
the third time and passed
following vote:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
_ day of uft3,,yT
�Mn
finally on this the IL
lik—
, 19 41).
MAYOR
THE C OF CORPUS CHRISTI
t-4) ,19/):
JAMES R. BRAY, JR., CITY ATTORNEY
By -- 1 rt,1 l (; n , Assistant City Attorney
021604
044
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 68487
PO#
Before me, the undersigned, a Notary Public, this day personally
came Connie Haralson, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant 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. 021604 AUTHORIZING THE CITY
MANANGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day(s) of March, 1993.
One Time(s)
$ 54.40
&Lit 0—)
Business Office Administrative Assistant
Subscribed and sworn to before me this 5th day
of April, 1993.
Notary Public, Nueces County, Texas
EDNA KOSTER
Notary Pudic
State of Texas
My Comm. Exp. 11-30-96
LS :6 WV £6
� 93 'i�itld3Q 3OHVH13
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces ) ss:
CITY OF CORPUS CHRISTI
AD# 63040
PO##
Before me, the undersigned, a Notary Public, this day personally
came Connie Haralson, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant 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, OR HIS DESIGNEE which the annexed is a true
copy, was published in the Corpus Christi Caller -Times on the
21st day(s) of February. 1993.
One Time(s)
$ 53.65
Business Office Administrative Assistant
Subscribed and sworn to before me this 1st day
of March, 1993.
l b ( 0(9 Cca, v eoQ
Notary Public, Nueces County, Texas
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 62314
PO#p
Before me, the undersigned, a Notary Public, this day personally
came Connie Haralson, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant 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
Welts, 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 OR HIS DESIGNEE which the annexed is a true
copy, was published in the Corpus Christi Caller -Times on the
14th day(s) of February, 1993.
One Time(s)
$ 58.00
Business Office Administrative Assistant
Subscribed and sworn to before me this 15th day
of February, 1993.
, 1-4 /i( -c- -e it
Notary Public, Nueces County, Texas
..........~.0~~04404
KATHERINE L. UR3ANEK
NotoLY
Stat c
\\\ ,,f'o' Ftp My Comm. Exp. -4-24-93
1
r
t AUTHQRIZING THE CITY
. MANAGER, OR HIS DESIG-
NEE, TO EXECUTE A
' AMERICAN FIVE -NEAR LEASE WITH
OR 6.66 ACCRES ITTLE OF BOTS
FORD PARK FOR YOUTH!
I BASEBALL PROGRAMS FOR
$1.00 AND MAINTENANCE
t PRISES; r OF THE FACILITY AND
D PROVIDING
1 OR 'PUBLICATIONS. THE
• TERM OF THE LEASE IS
r FIVE YEAFtS, FOR THE PUORR-
- POSE OF LEASING 8.68
'I ACRES OF BOTSFORD PARK
_ FOR YOUTH BASEBALL PRO -
y GRAMS, AND WITH LESSEE
PAYING $1 TO THE CITY
11 AND PROVIDING MAINTE-
e AND PRENCE FACILITY
', RbAn thhee C tythe lease is on
s Secretary, ordioff.
Theg and approved onwfirst passed
t- reading by the City Council of
d the City of Corpus Christi,
Texas on the 9th day
1- of February, 1993.
i8 /s/ Armando Chaps
City Sicretery
tr City of CwWs. Christi
.a NnTIr:F r1F PASSAGE
4'oJ�PwChW�
NOTICE OF PASSAGE
OF ORDINANCE ON
• SECOND READING
AUTHORIZING THE CITY
MANAGER, OR HIS DESIG-
NEE, TO EXECUTE A
FIVE-YEAR LEASE WITH
AMERICAN LITTLE LEAGUE
FOR BM ACRES OF BOTS -
FORD PARK FOR YOUTH
BASEBALL PROGRAMS FOR
$1.00 AND MAINTENANCE
OF THE FACILITY AND
PREMISS; ANO PROVIDING
FOR PUBLICATIONS. THE
TERM OF THE LEASE IS FOR
FIVE YEARS, FOR THE PUR-
POSE OF LEASING 8.66
ACRES OF BOTSFORD'PARK
FORYOUTH BASRAy
GRAMS, AND WITH LE
PAYING 51 TO THE
ANO, PROVIDING. MAINTE-
A SES .RAGIUTY
Elle in tM
tdpy he the Tease Is on
Secretary's office.
The ordinance was passed
and reading by the City Council of
the City of Corpus Christi,
Twit on the 16th day
of February. 1999.
/s/ Armando CMpa
— City Ssses*y
1_City of Corpus Christi
•
ise NOTICE Of: PASSAGE Of
—
•
AUTHORDNANCEG THE 1CITY
MANAGER-, OR 0116 DESIG-
NEE, " TO VXECUTE A
FIVE-YEAR LEASE WITH
AMERICAN LITTLE LEAGUE
FOR 6.66 ACRES OF BOTS -
FORD PARK FOR YOUTH
BASEBALL PROGRAMS FOR
$1.00 AND MAINTENANCE
OF THE FACILITY AND
PREMISES; AND PROVIDING
FOR PUBLICATIONS. THE
TERM OF THE LEASE IS FOR
FIVE YEARS, FOR THE PUR-
POSE OF LEASING 6.66
ACRES OF BOTSFORD PARK
FOR YOUTH BASEBALL PRO-
GRAMS, AND WITH LESSEE
PAVING $1 TO THE CITY
AND PROVIDING MAINTE-
NANCE OF THE FACILITY
AND PfldllliMS.- -
Acopy ofd.., kisis an file
.tinteoftf r 't OfMb..
The ordinance..r'l al�f'' passed
and approved on third reading
by the City Council of the City
of Corpus
o putle testi, Texas on
the / March, 1993.
- ./s/ Armando_Clops
CA! inoralarr
City Of CorpujChriati
1