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Home My WebLink About06473 ORD - 04/04/1962IMS:EB 2 -28 -62 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH THE CORPUS CHRISTI TENNIS ASSOCI- ION, FOR A TERM OF.FIVE YEARS, CONCERNING AN AREA OF THE H. E. BUTT PARK, MORE PARTICULARLY DESCRIBED IN SAID LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH THE CORPUS CHRISTI TENNIS ASSOCIATION, FOR A TERM OF FIVE YEARS, CONCERNING AN AREA OF THE H. E. BUTT PARK, MORE PARTICULARLY DESCRIBED IN SAID LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. F 6470; F 4 THE STATE OF TEXAS d COUNTY OF NUECES WHEREAS, THE CITY OF CORPUS CHRISTI HAS AS *A` PART OF ITS PARK ' AND RECREATION PROGRAM THE OPERATION OF A FIRST -CLASS TENNIS CENTER, AND •' ,t WHEREAS ;'THE CITY OF CORPUS CHRISTI_ HAS AVAILASLfE AS A PORTION+ > -OF THE SAME PARK•AREA'SUFFICIENT LAND UPON'WH'ICH TO' ERECT AND OPERATE °A ,• ' ' »F'• - •r't!' - TENNIS STADIUM AND TOURNAMENT( COURT, AND' + - WHEREAS,.THE CORPUS CHR IST+1 „TENNIS ASSOCIATION DESIRES TO ' f � s'° "' ERECT AND OPERATE SUCH A COURT UPON SAID LAND AREA W'ITH`THE CONSTRUCT ION'Y` ' AND OPERATION EXPENSE BEING AT THE- SOLE COST OF THE'Cbll CHRISTI TENNIS - �f�S ASSOCIATION IN CONS I:D ER AT I ON OFF A ' F I V E +YEAR LEASE FROM THE, CITY+ OF •; THE GROUND UPON SAID NHMPROVEMENT,Srj '' 'r_ AREA WHICH RE CONSTRUCTED: 5` NOW, THEREFORE, °KNOW`ALL' MEN,B(yfHESE PRESENTS: t �' • - _THAT, 'THE CI TAY �OF> CORPUS CHRIST,, ACTING -,BY AND THROUGH ITS - r ' •, CITY MANAGER, HERBERT W. WHITNEY, AND THE CORPUS CHRISTI TENNIS ASSOCI- « F, ° ATION, ACTING BY 'AND THROUGH I•TS DULY AUTHORIZED OFFICERS, HAVE ENTERED. - # - INTO THE FOLLOWING AGREEMENT? • ' .- � _ I ,� -, '4"-I_ '� t' ' hi ' FOR AND IN CONSIDERATION OF THE-,AGREEMENTS HEREINAFTER CONTAINED ROF ON -THE PART THE LESSEE, CORPUS CHRISTI TENNIS ASSOCIATION,� THE CITY OF r 11 CORPUS CHRISTI iDOES. HEREBY LEASE,''LET AND DEMISE +'UNTO THE CORPUS - CHRISTI, MI_. - t - f . :4. r TENNIS ASSOCIATION, HEREINAFTER 'CALLED LESSEE, THE FOLLOW'I NG D_ ESCRIBED - - - ,} 9r i c r a: LAND AND 'PREMISES. " - - Al r k Y � r ' •4 A TRACT OF LAND OUT OF THAT CERTAIN 4.23 ACRE TRACT CONVEYED TO THE CITY OF CORPUS CHRISTI BY THE UNITED STATES OF AMERICA HOUSING AND HOME FINANCE AGENCY PUBLIC HOUSING ADMINISTRATION BY DEED DATED MAY 29, 79531 OF RECORD IN VOL. 759, PAGE 546, DEED RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH BOUNDARY LINE OF THE ABOVE MENTIONED 4.23 ACRE TRACT SAID POINT BEARS S. 67° 421 E. 778.32 FEET FROM THE NORTH CORNER OF SAID 4.23 ACRE TRACT; THENCE S. 610 421 E. WITH THE NORTH BOUNDARY LINE OF SAID 4.23 ACRE TRACT A DISTANCE OF 387.43 FEET TO THE EAST CORNER OF SAID 4.23 ACRE TRACT FOR A CORNER OF THIS TRACT; THENCE S. 280 201 W. WITH THE EAST BOUNDARY LINE OF SAID 4.23 ACRE TRACT A DISTANCE OF 60.79 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE WEST A DISTANCE OF 307.27 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE NORTH A DISTANCE OF 233.87 FEET TO THE PLACE OF ' BEGINNING. ° A 20 -FOOT EASEMENT ALONG THE NORTH AND EAST BOUNDARY OF THE ABOVE DESCRIBED TRACT IS TO BE RETAINED BY THE CITY OF CORPUS CHRISTI FOR ACCESS AND NO BUILDINGS SHALL BE CONSTRUCTED THEREIN. FOR A TERM OF FIVE YEARS BEGINNING WITH THE DATE OF THE EXECUTION OF THIS AGREEMENT. II LESSEE AGREES TO COMMENCE CONSTRUCTION WITHIN SIXTY (60) DAYS FROM THE DATE OF THE EXECUTION HEREOF, A STADIUM AND TOURNAMENT COURT IN ACCORDANCE WITH PRELIMINARY PLANS HERETOFORE SUBMITTED TO THE CITY WITH FINAL PLANS AND SPECIFICATIONS TO BE SUBJECT TO THE APPROVAL OF THE CITY, AND PROSECUTE THE CONSTRUCTION OF SAID IMPROVEMENTS WITH DUE DILIGENCE, ALL AT THE COST AND EXPENSE OF THE LESSEE. -2- SAID IMPROVEMENTS SHALL BE AND BECOME A FIXTURE ON SAID LAND AND PREMISES AND BE THE PROPERTY OF THE CITY IMMEDIATELY UPON CONSTRUCTION THEREOF BUT SUBJECT TO THE OPERATION AND CONTROL OF THE LESSEE FOR THE TERM OF THIS LEASE, AS HEREINAFTER PROVIDED. IV LESSEE SHALL HAVE THE EXCLUSIVE POSSESSIONS OPERATION AND CON- TROL OF THE PREMISES HEREBY LEASED DURING THE PERIOD OF THE HOLDING OF ANY TOURNAMENT, EXHIBITION OR OTHER EVENT SPONSORED BY THE LESSEE AT SUCH TIMES ON ALL OF SUCH OCCASIONS DURING THE FULL TERM OF THIS LEASE AND ALL REVENUE OF EVERY KIND DERIVED FROM THE SAID OPERATION OF THE LANDS AND PREMISES HEREBY LEASED SHALL BE APPLIED TO THE EFFECT THAT 75% THEREOF SHALL BE DEVOTED TO THE REPAYMENT OF THE COST OF THE IMPROVEMENTS INCLUDING INTEREST THEREON, AS MAY ACCRUE ON ANY SUMS BORROWED BY THE LESSEE AND THE BALANCE OF THE REVENUE SHALL BE DEVOTED TO THE OPERATION AND COST OF PRO- MOTION OF TENNIS TOURNAMENTS, EXHIBITIONS AND OTHER EVENTS SPONSORED BY THE LESSEE AND CONDUCTED ON THE LANDS AND PREMISES HEREBY LEASED. IT IS AGREED THAT NO PART OF THE PREMISES, THE IMPROVEMENTS, NOR THIS LEASE SHALL BE PLEDGED AS SECURITY FOR ANY SUMS BORROWED AND THE CITY SHALL NOT BE RESPONSIBLE TO ANY DEGREE FOR ANY OF THE FUNDS BORROWED NOR HAVE ANY OF THE COST OF ANY OF SAID IMPROVEMENTS. AT ALL TIMES OTHER THAN THE PERIODS WHEREIN THE LESSEE IS GRANTED EXCLUSIVE POSSESSION, OPERATION AND CONTROL, THE SAID PREMISES SHALL BE UNDER THE SUPERVISION OF THE PERSON OR PERSONS IN CONTROL OF THE TENNIS AND RECREATION FACILITIES OF THE CITY AND SUBJECT TO THE SAME RULES AND REGULATIONS FOR USE OF THE SAME BY THE PUBLIC AS THE OTHER OF SAID TENNIS FACILITIES AND ALL REVENUE DERIVED THEREFROM SHALL GO TO THE CITY TO DEFRAY THE EXPENSES OF MAINTENANCE AND OPERATION OF SAID TENNIS CENTER AND THE -3- FACILITIES CONSTRUCTED BY THE LESSEE OR SUCH OTHER PURPOSE AS THE REVENUE FROM THE H. E. BUTT TENNIS CENTER IS DEVOTED. V IT IS AGREED THAT AT ALL TIMES EXCEPT DURING THE PERIOD OF THE EXCLUSIVE POSSESSION, OPERATION AND CONTROL BY THE LESSEE HEREINABOVE PRO - VIDED, THAT THE CITY SHALL EXTEND ITS POLICY OF PUBLIC LIABILITY INSURANCE TO COVER THE FACILITIES TO BE CONSTRUCTED BY THE LESSEE AND THE PREMISES HEREBY LEASED, AND SUCH INSURANCE SHALL BE AT THE COST OF THE CITY. IT IS FURTHER AGREED THAT THE LESSEE SHALL CARRY PUBLIC LIABILITY INSURANCE AND THAT THE CITY SHALL BE NAMED AS AN INSURED PARTY THEREIN SO THAT THE PREMISES iMALL BE COVERED DURING ALL PERIODS EXCEPT THAT PERIOD COVERED BY THE CITY INSURANCE, MENTIONED IN THE PRECEDING SENTENCE, AND THIS INSURANCE CARRIED BY THE LESSEE SHALL BE AT THE EXPENSE OF THE LESSEE, SHALL BE IN THE AMOUNTS + AT LEAST AS GREAT AS THOSE IN THE INSURANCE POLICY CARRIED AND TO BE CARRIED BY THE CITY AND SHALL BE KEPT IN FORCE AT ALL TIMES DURING THE PERIOD OF THIS LEASE. VI ` IN THE EVENT CONSTRUCTION OF IMPROVEMENTS IS NOT COMMENCED WITHIIN y ,, THE TIME HEREIN PROVIDED, AND PROSECUTED WITH DUE DILIGENCE AS HEREIN PROVIDED, OR IN THE EVENT OF BREACH BY LESSEE OF ANY OF THE TERMS OF THIS LEASE BY THE LESSEE, OR IN THE EVENT OPERATION OF THE LAND AND PREMISES BE ABANDONED BY THE i LESSEE THEN THE LESSOR, CITY, SHALL HAVE THE OPTION OF IMMEDIATELY RESUMING FULL POSSESSION OF SAID PREMISES AND DECLARING THIS LEASE AT AN END PRO= VIDED THAT IMMEDIATELY UPON RESUMING POSSESSION, NOTICE BE GIVEN BY REGISTERED MAIL TO LESSEE AT CORPUS CHRISTI, TEXAS. fi WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH IS TO BE CONSIDERED AN ORIGINAL, THIS THE DAY OF MARCH, 1962. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF MARCH, 1962: CITY ATTORNEY DIRECTOR OF FINANCE ATTEST: SECRETARY { CITY OF CORPUS CHRISTI BY H. W. WHITNEY CITY MANAGER } CORPUS CHRISTI`TENNIS ASSOCIATION BY _ 4 PRESIDENT - s 3 THAT THE FOREGOING ORDINANCE WAS Ij ARI FOR THE A T IME AND PASS D TO ITS SECOND READING ON THIS THE /� ��jj DAY OF '19 ( �, BY THE FOLLOWING VOTE: , BEN F. MCDONALD -TON R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS C( { JAMES H. YOUNG THAT THE FOREGOING ORDINANCE WAS AD FOR THE /_rND / -� T�IME ND PASS /D�O ITS THIRD READING ON THIS THE DAY OF cz_c 19 , BY THE FOLLOWING VOTE: �7—�7� BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JOSE R.- DELEON M. P. MALDONADO W. J. ROBERTS j JAMES H. YOUNG r t THAT THE FOR DING ORDINANCE W S EA FOR /T,HF THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF I �9 Gam, BY THE FOLLOWING VOTE: R BEN F. MCDO ALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON ' M. P. MALDONADO W. J. ROBERTS v JAMES H. YOUNG PASSED AND APPROVED, THIS THE r7 DAY OF ATT — t , \ '• ITY SECR RY APPROV6ED AS TO LEG�FM THI S err DAY OF2 I Y T ORNEYf MAYOR THE CITY OF CORPUS CHRIS I� TEXAS. t t