HomeMy WebLinkAbout021765 ORD - 09/28/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A FIVE-YEAR USE PRIVILEGE AGREEMENT WITH PADRE LITTLE
LEAGUE, INC. DBA PADRE LITTLE/SENIOR LEAGUE FOR OPERATION
OF A YOUTH BASEBALL PROGRAM AT THE BILL WITT PARK
SOFTBALL COMPLEX ON YORKTOWN BOULEVARD IN
CONSIDERATION OF PADRE LITTLE LEAGUE, INC. UNDERTAKING
ALL MAINTENANCE AND REPAIRS OF SAID COMPLEX.
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-year Use Privilege Agreement with Padre Little League, Inc. d.b.a. Padre Little/Senior League
for operation of a youth baseball program at the Bill Witt Park Softball Complex on Yorktown
Boulevard, in consideration of Padre Little League, Inc. undertaking all maintenance and repairs of
said complex, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit
021765
AG5000.399.ajr
MICROFILMED
PADRE LITTLE LEAGUE INC.
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi ("City") owns the Bill Witt Softball
Complex; and
WHEREAS, Padre Little League, Inc. DBA Padre Little/Senior League
("User") desires to use the Bill Witt Softball Complex for its baseball program; and
WHEREAS, City desires to allow User to use the Bill Witt Softball Complex
for its baseball program;
NOW, THEREFORE CITY and USER in consideration of the mutual
covenants herein agree as follows:
1. Term, The term of this Agreement shall be five (5) years, beginning on
the 61st day after final Council approval.
2. Premises and Improvements The Bill Witt Softball Complex as described
by metes and bounds and a map thereof respectively attached and incorporated as
Exhibits A and B, ("Premises"). All improvements to the Premises including without
limitation the ball field lighting systems, irrigation systems, building housing the
concession area, pressbox, and restrooms, bleachers, dugouts, scoreboards, fences
and fields including the grassed areas, the base areas, and the pitchers mound shall
be called ("Improvements").
3. Consideration. User shall maintain the Premises and all Improvements on
a year-round basis m accordance with all rules set out by the City Manager or his
designee ("Manager") now or in the future. At a minimum, maintenance shall
include User:
KNOW ALL BY THESE PRESENTS:
a) Picking up litter on a daily basis whenever the Premises are being
used; weekly during the rest of the year.
b) Keeping fully operational and in good repair the ball field lighting
systems, irrigation systems, restrooms and concession area. The concession area
shall be sanitized daily and shall in all respects comply with all health department
permits and requirements. The restrooms shall be sanitized daily whenever the
Premises are being used. Any vandalism shall be immediately reported to the
Director of Park and Recreation or his designee ("Director') and the Police
Department.
If Wastewater services are terminated by the current provider, User shall
provide portable toilets for public use. The portable toilets must be serviced and
sanitized at least three times a week whenever the Premises are being used.
c) Keeping safe and in good repair the fences, pressbox, bleachers,
dugouts, scoreboards, access roads, and parking areas. The access roads and parking
areas shall be kept dust free, properly designated, and kept free of potholes in
accordance with standards issued by the Director. Parking shall be confined to
designated areas. Potholes shall be repaired within ten (10) days after they are, or
should have been discovered.
The bleachers and dugouts shall be repaired within 48 hours after the
need for repair is, or should have been, discovered.
d) Maintaining the ball fields to original fence lines. Grass on the ball
fields shall not exceed three (3) inches. User shall mow the ball fields within one (1)
week after grass reaches three (3) inches. At least one month prior to start of any
season, or pre -season practice, the ball fields shall be gradually cut shorter and
brought into playing condition. Failure to keep the grass below three (3) inches or
to properly bring the fields back to playing condition shall be grounds for
termination.
e) Mowing the grassy areas of the Premises. Grassy areas shall not
exceed six (6) inches. User shall mow within one (1) week after grass reaches six (6)
inches. Failure to keep the grass below six (6) inches shall be grounds for
termination.
4. Understanding, User acknowledges and understands that use of the Bill
Witt Soft Ball Complex is expressly conditioned on the understanding that the
Premises and Improvements shall be returned to the City when construction of the
new Padre Little League Complex, is completed. Further, that the Premises and all
Improvements shall be returned in as good a condition as received, reasonable use,
wear, acts of God, fire and flood damage or destruction excepted.
5.in City shall have joint use of the Premises and Improvements
during the term o this Agreement, subject to User's right to exclusive control of the
Premises during its use for youth baseball program purposes. User shall not deny
access to and use of the Premises to the general public when the Premises are not
being used for youth baseball purposes.
City retains the right to use or cross the Premises with utility lines and/or
easements without compensation to User for damages, to the Premises and any
Improvements, from installation, maintenance, repair, or removal of the utility lines
and/or easements. City shall use reasonable judgment in locating the utility lines
and/or easements to minimize damage to the Premises and its Improvements.
6. Primary Use. User shall establish and maintain a recreational area
benefitting the public with the primary use being for a youth baseball program, and
for no other purpose without the Director's prior written consent.
7. Alternations or Additions, No additions or alternations to the Premises
or any Improvements shall be made without the Director's prior written approval.
-2-
However, User may install and maintain additional fencing subject to the
Director's prior written approval of materials, installation procedures, and location
of the fencing. If installed, User will remove and store or properly dispose of the
additional fencing and restore the fields after removal of the additional fencing at the
expiration or termination of this Agreement.
Further User may install grassed infields, which must be maintained as set out
in Section 2d)). If installed, the grass infields shall remain upon expiration or
termination of this Agreement.
All additions or alternations shall be made at User's expense. All additions
or alternations installed by User shall be repaired and/or replaced at User's expense
and may be removed by User at the expiration or termination of the Agreement if
they may be removed without damaging the Premises or any Improvements.
However, any additional fencing will be removed as set out above.
All additions and alternations made by User which are not removed at the
expiration or termination of this Agreement shall become property of the City
without necessity of any legal action.
8. ilii User shall pay for all utilities used by it or any activity sponsored
by User on t e remises prior to the due date for payment. Failure to pay any utility
bill prior to the due date shall be grounds for termination.
9. No signs shall be erected at the Premises or on any Improvements
without the Director's prior written approval. If signs are allowed the Director may
require User to remove, repair, or repaint any sign. If the signs are not removed,
repaired, or repainted within ten (10) days of Director's written demand, City may
do or cause the work to be done, and User will pay City's cost within 30 days of
receipt of City's invoice.
10. Security. User will pay for all security required at the Premises.
11. Inspection The Manager or Director has the right to inspect the Premises
and/or the Improvements at any time. If the inspection reveals that maintenance is
not being properly carried out Director shall provide written notice to User
demanding compliance. If User has not complied within five (5) days after receipt
of the demand City may undertake the work and User shall pay City's cost within
thirty (30) days of receipt of City's invoice. Alternatively, City may elect to terminate
this Agreement after ten (10) days written notice to User.
12. Non -Discrimination. User shall not discriminate nor permit discrimination
against any person or group of persons on the grounds of race, sex, disability, or
national ongm or in any manner prohibited by the laws of the United States or the
State of Texas. Director retains the right to take such action as the United States
may direct to enforce this non-discrimination covenant.
13. Laws. User shall comply with all applicable City, State, and Federal
Government laws and regulations. All actions brought to enforce compliance shall
be brought in Nueces County where the Agreement was executed and shall be
performed.
- 3 -
14. Costs. Noncompliance with the terms herein may result in termination of
this Agreement and repossession of the Premises and its Improvements by the City
or its agents. If the City undertakes legal action to enforce compliance or collect
damages resulting from noncompliance, User shall pay all City's court costs and
expenses, including reasonable attorneys' fees.
15. Indemnity. User 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 Agreement, unless such injury, loss or
damage shall be caused by the sole negligence of Indemnitees. User 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.
16. Insurance. User shall secure and maintain at User's expense during the
term of this Agreement,a Comprehensive General Liability insurance policy to
include contractual liability and premises operations coverage. Minimum limits of
coverage shall be THREE HUNDRED ThIOUSAND DOLLARS ($300,000.00) for
bodily injury or death of any one person arising out of one occurrence, FIVE
HUNDRED THOUSAND DOLLARS ($500,000) for bodily injrryy uor death to all
persons arising out of one occurrence, and ONE HUNDRED THOUSAND
DOLLARS ($100,000) for property damage arising out of one occurrence. User shall
fprovide insurance in the amount of SEVENTY-FIVE THOUSAND DOLLARS
(($75,000.00) to cover damage to or destruction of all or part of the building housing
thhe concession area, pressbox, and restrooms. The policies shall name the City of
Corpus Christi as additional insured prior to the commencement of this Agreement.
The Certficate(s) shall indicate that the Director will be given at least thirty (30)
days' notice of cancellation, intent not to renew or material change of any coverage
required hereunder. User will provide copies of all insurance policies upon City
Manager's written request.
17. No debts User will incur no debts or obligations on the credit of the City.
18. Termination Either City or User may terminate this Agreement without
cause by giving six (6) months written notice to the other.
Termination for failure to maintain the Premises or its Improvements shall be
governed by Sections 2 and 11.
If there is non-compliance with any other terms, Director shall give User
written notice to cure or begin curing the default within ten (10) days of receipt of
the notice. If the cure is not complete or substantially complete within 30 says after
User's receipt of City's notice, City may terminate this Agreement upon ten (10) days
written notice.
-4-
19. N tice. All notices required or permitted to be sent may be sent by
personal delivery or certified mail and will be deemed received on the day delivered
or mailed if delivered or mailed as follows:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park & Recreation
P.O. Box 9277
Corpus Christi, Tx. 78469-9277
IF TO USER:
Padre Little League
ATTN: President
P.O. Box 72301
Corpus Christi, Tx. 78472
Change of address may be made by sending notice as set out above.
20. Lists of Offices User, on the anniversary date of this Agreement, shall
annually submit its current List of Officers to the Director. Failure to do so shall be
grounds for termination of the Agreement.
The list of officers shall contain each person's title, name, address, home
phone, and office or fax phone if applicable.
21. Holdover Upon expiration of this Agreement, User may holdover upon
the same terms and conditions set out herein on a month-to-month basis for a
maximum of twelve (12) months. If use of the Premises is granted to someone else,
User shall vacate the Premises within 30 days after receipt of Director's notice to
vacate. The termination period shall be reduced to 30 days maximum in any
holdover period.
22. Entirely Clause. This Agreement contains all terms and conditions agreed
to by City and User and displaces all prior agreements.
SIGNED IN DUPLICATE this day of , 19_
A1-1'EST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Juan Garza, City Manager
Approved as to Legal form this �6 day of__, 19`3 ,
James R. Bray, City Attorney U
gy (t ,d ( ittea.rva
?assistant CityAttorney
User - Padre Little League, Inc.
d/b/a Padre Little/Se •r League
By
B
Title: Pr
-5-
Grove
ident
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF NUECES
BEING A 13.521 ACRE TRACT OF LAND, OUT OF THAT CERTAIN 136.22 ACRE
TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS AND DESCRIBED
IN DEED RECORDED IN VOLUME 1709, PAGE 95, OF THE DEED RECORDS OF
NUECES COUNTY, TEXAS, BEING OUT OF AND SITUATED IN SECTION 21, OF
THE FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, A MAP OF WHICH IS
RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE MAP RECORDS OF
NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS;
Beginning at a point, on the south edge of an existing parking area
for a four diamond baseball field, in what is currently known as
Bill Witt Field, at it's intersection with the north edge of an
asphalt covered road, used as main entrance to said Bill Witt
Field, for the most southerly southwest corner of this tract, from
which point a one inch iron pipe, found for the most northerly
southwest corner of said 136.22 acre tract, bears South 42° 42' 20"
West, a distance of 106.55 feet, to a point on the south boundary
line of said 136.22 acre tract and thence North 47° 17' 40" West,
with said south boundary line, a distance of 2126.96 feet;
Thence, North 40° 33' 12" West, with said north edge of asphalt
road, a distance of 67.05 feet, to a point, for the southwest
corner of this tract;
Thence, North 12° 28' 48" East, a distance of 629.55 feet, to a
point, for a corner of this tract, same point being the point of
curvature of a circular curve to the right, which curve has a
central angle of 89° 51' 22", a radius of 335.02 feet, a tangent
distance of 334.18 feet and an arc length 525.41 feet;
Thence, with said curve to the right, in a northeasterly direction,
parallel with and generally 10.00 feet distant therefrom, measured
at right angles thereto, a chainlink fence for baseball field, an
arc distance of 525.41 feet, to a point, for a corner of this
tract;
Thence, South 77° 39' 50" East, a distance of 53.76 feet, to a
point, for a corner of this tract, same point being the point of
curvature of another circular curve to the right, which curve has
a central angle of 89° 47' 03", a radius of 335.00 feet, a tangent
distance of 333.74 feet and an arc length of 524.95 feet;
Thence, with said curve to the left, in a southeasterly direction,
parallel with and generally 10.00 feet distant therefrom, measured
at right angles thereto, another chainlink fence for baseball
field, an arc distance of 524.95 feet, to a point, for a corner of
this tract;
EXHIBIT "A"
Thence, South 12° 07' 13" West, a distance of 173.82 feet, to a
point, for a corner of this tract;
Thence, South 46° 33' 29" West, a distance of 511.66 feet, to a
point, for the northeast corner of this tract;
Thence, South 87° 41' 27" West, with the aforementioned south edge
of existing parking area, a distance of 397.78 feet, to the PLACE
OF BEGINNING and containing 13.521 acres of land.
7
EXHIBIT "B"
1
d = 89.51'22"
R = 335.02'
T = 334.18'
L = 525.41'
S 77.39'50" E 53.76'
d = 89.47.03
R = 335.00' %
T = 333.74' 1
L = 524.95' 7-
� : !RON
PIPE
S
S 87.41'27" W
J97.78'
S 42. 42' 20" W
1/2" IRON
IN CONC.
106.55'
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
OWNER' CITY OF CORPUS CHIRSTI
DESC' BILL WITT PARK BASEBALL FACILITY
PROJ: N.A.
DATE: 8/19/93 SCALE 1"-300'
BY• N.V.
That the foregoing ordinance was read for the first time and passed
to its second reading on this the h1 day of Vii{-
19 C13 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
That the foregoing ordinance a
pass finally on this the
19 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
pAspgp AND APPROVED,
19
ATTEST:
c1
David Noyola
Clif Moss
aAt
this the 215 day of
Edward A. Martin 061`,
Dr. David McNichols )
/^p 11)2
David Noyola
Clif Moss
iky
read for t4p second time and
day of VOTRANSCK
Edward A. Martin 1/�,�"J ,
Dr. David McNichols ltil,1t_
City Secretary
(112 ir
YOR
THE C
APPROVED: &o DAY OFC 4,1A-047 , 19`)3
JAMES R. BRAY, JR., CITY ATTORNEY
BYAka* CLQ P a to nA
Assistant City Attorney
\forms\044
021765
F CORPUS CHRISTI
L3
cn
I'1
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 74366
PO1
Before me, the undersigned, a Notary Public, this day personally
came Beverly Bennett, who being first duly sworn, according to
law, says that she is 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-YEAR USE PRIVILEGE AGREEMENT
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 5th day(s) of September, 1993.
One Time(s)
$ 70.40
Business Office Secretary
Subscribed and sworn to before me this 17th day
of September, 1993.
Notary Public, Nueces County, Texas
14
nal y, $spisember 5, 1993 Corpus Christ Caller -Times
NOTICE OF. PASSAGE
OF ORDINANCE ON
FIRST READING
AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE
TO EXECUTE. A FIVE-YEAR
USE PRIVILEGE AGREEMENT
WITH PADRE LITTLE
LEAGUE, INC. DBA PADRE
LITTLE/SENIOR LEAGUE FOR
OPERATION OF A YOUTH
BASEBALL—PROGRAM AT
THE BILL WITT PARK SOFT-
BALL COMPLEX ON
YORKTOWN BOULEVARD IN
CONSIDERATION OF PADRE
UTTLE LEAGUE, INC. UNDER-
TAKING ALL MAINTENANCE
AND REPAIRS OF SAID COM-
PLEX. THE TERM OF THE
AGREEMENT IS FOR FIVE
YEARS FOR THE PURPOSE
OF OPERATION OF A YOUTH
BASEBALL PROGRAM AT
THE BILL WITT PARK SOFT-
BALL COMPLEX ON
YOPATOWN BOULEVARD IN
CONSIDERATION OF PADRE
LITTLE LEAGUE, INC. UNDER-
TAKING ALL MAINTENANCE
AND REPAIRS OF SAID COM-
PLEX.
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 34st. day
of August, 1993.
h/ Armando
City Seminary
City of Corpus Christi
PUBLISHER'8 AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD,# 67958
POI
9
0
Before me, the undersigned, a Notary Public, this day personally
came Beverly Bennett, who being first duly sworn, according to
law, says that she is 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. 021765 AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE-YEAR USE PRIVILEGE
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the ird day(s) of October, 1993.
One Time(s)
$ 68.80
Business Office 6cretary
Subscribed and sworn to before me this 13th day
of October, 1993.
Notary Public, Nueces County, Texas
I
I
ecQ{`�" October 3, 1993 Corpus Christi +�
k
NOTICE OF P� AEE es In
ng OF ORDINANCE
AUTHORIZING THE CITY B
ed:MANAGER OR NIS DESIGNEE f t
TO EXECUTE A AVE-VEAR M
USE PRIVILEGE AGREEMENT ro
ah- WITH PADRE LITTLE
LEAGUE, INC. OSA PADRE inl
the
LEAGUE
SEN10R LEAGUE FOR Nt
KIN OF A YOUTN
to YEARS FOR THE PURPOSE r
OF ($ ERAT10N OF A YOUTN
71 BASEBALL PROGRAM AT n
e THE BILL WIT. PARK SOFT -
of THE BALL COMPLEX ON P
• YORKTOWN BOULEVARD IN 5
t CONSIDERATIOM OF PADOE
t. LITTLE LEAGUE. INC. UNDE$- g
• TAKING ALL MAINTENANCE
AND REPAIRS OF SAID COM- U
FLEX.
A Copy of the base Is On u
file MtMCiW
Sectetery't ofRoe•
The o enc was In S
end eppr
reading by tM City CoufCII of C.
bb. BASEBALL PROGRAM Al or
THE BILL WITT PARI( SOFT- P
BALL COMPLEX ON
in YORKTOWN BOULEVARD 1144
D
• CONSIDERATION OF. PADRE 11
UTTLE LEAGUE. INC. UNDER• 71
TAKING ALL MAINTENANCE
AND REPAIRS OF SAID COM• rr
PLEX. E;FSTEINA. OF THE
AGREEMIS FOR FIVE tF
rpm Y
1055 n