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HomeMy WebLinkAbout07689 ORD - 08/18/1965BJW:7/9/65 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE LEASING TO THE SAID SOUTHSIDE LITTLE LEAGUE A TRACT OF APPROXIMATELY FIVE (5) ACRES OF LAND IN EVELYN PRICE PARK FOR THE PURPOSE OF MAINTAINING A RECREA- TIONAL AREA, FOR A PERIOD OF FIVE YEARS, BEGINNING JUNE 10, 1965, IN ACCORDANCE WITH THE CONDITIONS SET FORTH IN THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE AFORESAID SOUTHSIDE LITTLE LEAGUE AND MADE A PART OF ORDINANCE NO. 5756, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 15, 1960. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT 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 SOUTHSIDE LITTLE LEAGUE, LEASING TO THE SAID SOUTHSIDE LITTLE LEAGUE A TRACT OF APPROXIMATELY FIVE (5) ACRES OF LAND IN EVELYN PRICE PARK FOR THE PURPOSE OF MAINTAINING A RECREATIONAL AREA, FOR A PERIOD OF FIVE1YEARS, BEGINNING JUNE 10, 1965, AND ENDING FIVE YEARS HENCE, ALL IN ACCORDANCE WITH THE CONDITIONS SET FORTH IN THE AGREEMENT BETWEEN THE CITY( OF CORPUS CHRISTI AND THE AFORE- SAID SOUTHSIDE LITTLE LEAGUE AND MADE PART OF ORDINANCE NO. 5786, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 15, 1960. 7689 THE STATE: OF TEXAS COUNTY OF NUECES THIS AGREEMENT MADE AND ,ENTERED INTO THIS" THE c.: DAY OF , A. D. 1965, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A 11,ONICIPAL CORPORATION, HEREINAFTER CALLED HCITY"AAND THE SOUTHSIDE EE "I LITTLE LEAGUE, CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED "LESS W1T..NESBETHt THE CITY OF CORPUS CHRISTI, TEXAS FOR VALUABLE CONSIDERATION DOES BY THLSEPRESENTS LEASE AND DENISE UNTO THE SAID LESSEEy.THE FOLLOWING.: • DESCRIBED PREMISES, To-WIT: .. A. TRACT OF LAND ,330':FEET IN WIDTH AND 660 FEET IN LENGTH OUT ET LOTS .9 AND 10, SECTION "B", PAISLEY'S SUBDIV16toN OF THE HOFFMAN TRACT AS SHOWN BY.MAI 08 PLAT 01'RECORD IN VOL. A) PAGE 283 MAP RECORDS OF NUECES COUNTY, TEXAS) SAID TRACT OF LAND BEING' MORE PARTICULARLY DESCRIBED BY METES AND SOUNDS AS FOLLOWSt.- BEGINNING AT A. POINT, THE MOST WESTERLY CORNER OF SAID LOT. SECTION "B" AND THE MOST SOUTHERLY CORNER OF SAID: LOT.10, StcT1oH'"B ",I PAISLEY'S SUBDiv1SIDN OF THE,HOFFMAH TRACT; THENCE N.'61° 45i 4541 W• WITH THE SOUTHWEST.BOUNDARY LINE OF SAID LOT:1O A DISTANCE OF 25 FEET TO A POINT; THENCE .)f 28° 16' 22" E. A DISTANCEOF 25 FEET TO k POINT 1,11 THE NORTHEAST BOUNDARY' LINE OF LAMONT STREET FOR YHE MOST !',,,' WESTERLY CORNER AND POINT OF BEGINNING, OF THE TRACT HEREIN' DESCRIBED; " THENCE N. 28 ". 16' 22" E. A DISTANCE OF 330 FEET TO,Az POINT FOR. THE HOST NORTHERLY CORNER OF THIS TRACT/ THENCE S. 61" 45' 45" E. AT 25 FEET PASS THE NORTHWEST BOUNDARY LINE Of SAID LOT 9 IN ALL .660 FEET TO A POINT. 044 .' THE NORTHWEST BOUNDARY LINE 'OF WEIR DRIVE FOR THE MOST EASTERLY CORNER OF THIS TRACT] THENCE S. 28" 161 22" W, WITH THE NORTHWEST BOUNDARY LINE OF WEIR DRIVE A DISTANCE OF 330 FEET TO A POINT FOR THE MOST SOUTHERLY CORNER OP THIS TRACT, SAID POINT BEING IN THE NORTH.. EAST BOUNDARY LINE or LAMON• STREET; THENCE N4'61" k5'" 45" V. WITH THE - NORTHEAST ROUNDARY LINE., OF LAMONT STREET AT 635 FEET PASS THE NORTHWEST' UNDARY LINT OF SAID LOT j' IN ALL A DISTANCE DI'660 FEET T0kt4E PLACE SF BESINNING'. , '... 3 r' ar CONTAINING FIVE. (5), ACRES or LAND, MORE OR LESS, FOR THE TERM _. • OF FIVE (5) YEARS? SAID tEASE BEGINNING ON THE 10TH DAY OF JUNE,196,, AND ENDING FIVE (5) YEARS FROM THAT DATE).SUBJECT TO THE F0LL0WINia C0ND1T1ONS. AND COVENANTS/ L. THE SOUTHSIDE LITTLE LEAGUE HEREBY AND SY THESE PRESENTS • AGREES TO ACCEPT SAID. PREMISES AS COMPLETED) TO,MIAINTAIM SAID PREMISES; -DURING THE TERM ._OF TH1* IN$TRUNENT IN A CLEAN AND SANITARY CONDITION, AND AT THE EXPIRATION THEREOF_ TO RETURN SAID' PREMISES TO CITY IN As 0000•' CONDITION AS RECEIVED] IIEASONARLE USE,: WEAR, ACTS OF;GOD, FIRE AND FLOOD EXCEPTED. 2. No ADDITIONS,ORR A. TERATION$ 'SHALL: Bt MADE 'Ta THE PREN4ES- 10 THOUT•THE C,ONS(NT OF THE CITY IN WRLTING; AND ANY PLACED ON SAID PREMISES WHICH ARE UNATTACHED TO THE THE LESSEE AT THE EXPIRATION OF TNI3 'LE'ASE. THE. PARK BOARD SHALL HAVE JOINT USE OF'.TH AND ALL IMPROVEMENTS yyn LAND MAY aE'MOr'/Eb aY ys: E PRQpERTY, SUBJECT To THE RIGHT OF TOE LESSEE, TD HAVE EXCLUSIVE CONTROL OF PARK - .DURING 114 *EA$ON. THE CITY MAY,i1SE ANY OF THE LAND AS A'UTILITY EASEMENT WITHOUT' COMPENSATING To LESSEE FOR UBE OF.SUCH'EASEMENT OR DAMAGE FOR INSTALLATION, MAINTENANCE, REMOVAL DR REPAIR OF LINES IN SUCH EASEMENT. LESSEE' AGREES. TD MAINTAIN) AT 1T3 OWN LOST AND EXPENSE$'A BARRIER FENCE ALONG THE EAST - LINE OF THE LAND HEREBY LEASED -FOR THE FULL DISTANCE OF SAID EAs.T -UHE $0 AS TO SEPARATE. THE LEASED AREA FROM THE BALANCE OF EVELYN PRICE PARIS AREA SAID FENCE SHALL BE OF -SUCH MATERIALS AND SPECIFICATIONS As ARE RAIN'S- . FACTORY AND MEET WITH THE APPROVAL OF THE CITY,PARK AND RECREATION BOARD. CONSTRUCTION OF SAID FENCE SHALL BE COMPLETED WITHIN SIXTY (60) OATS FROM THE DATE OF THE EXECUTION OF THIE_LEASE BY THE CITY, 3.`_ IT IS.'fHE INTENTION or IRE SbUTHSIDE LITTLE LEAGUE THAT THE PREMISES SHALL BE FOR 'THE ESTABLISHMENT AND.MAINTENANCE' OF A RECREATIONAL AREA AND FOR NO OTHER' PURPOSE. I%. THE LESSEE AGREES TO PAY FOIL ALL. UTIUITIES -USED BY IT OH THE PREMISES. LEASED BY 11, OR'USED.WY` ANY ACTIVITY SPONSORED 6Y IT. 5. LESSEE AGREES TO CONFORM TO ALL RULES SET our 'BY THE CFTY. MANAGER OF' THE CITY CORPUS CHRISTI, TEXAS, .. FOR THE OPERATION OF THE LEASED PREMISES. 6.'THE LESSEE SHALL PROMPTLY EXECUTE AND' FULFILL ALL, THE - ORDINANCES OF THE CITYOF CORPUS CHRI$Ti ApPL1CABLE X70 SAID PREMISES AND ALL'ORDERS ANb REOOIREMENTS IMPOSED ST THE BOARD OF HEALTH, SANITATION, FIRE AND, POLICE DEPARTMENTS, POR THE CORRECTION, PREVENTION AND ABATEMENT or NUISANCES AND/OR HAYARDS INy UPON, OR CONNECTED WITH SAID: PREMISES' 'DURING THE TERM OF THIS LEASE. AT ITS OWN EXPENSE' 7. THE CITY SHALL:'/IOT BE RE$PONSIALE FOR DAMAGES TO 'PROPERTY " DR INJURY TO'pERSONS WHICH MAY -RR13E INCIDENT. TO THE EXERCISE OF THE RIGHTS AND PRIVII.EGES'HEREIN. GAANTEp. 8. ,THEE CONTRACT CONTAINS'ALL THE PROYI$tONE AGREED UPON THE PARTIES HERETO AND DISPLACE$ A4L PREYJOUS•.'YERBAL OR ORAL.- AGREEMENTS'. f .s ATTEST:".-' CITY Or',CORPUS CHRISTI, TEXAS BY • CITY "SECRETARY... APPROVED AS TO LEGAL FORM THIS DAY OF ,.1965E ' CITY ATTORNEY .CITY MANAGER SOUTHSIDE LITTLE LEAGUE,.OF CORPUS CHRISTI, TEXAS } THAT THE FOREGOING ORDINANCE WAS jiEglD FOR THE FIRS TIM .•ND PAS -ITS SECOND READING ON THIS THE / - DAY OF A -(f , BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THAT THE FOREGOING ORDINA TO ITS THIRD READING ON THIS THE _ BY THE FOLLOWING VOTE: S READ FOR SECiD✓TIME AND PfrSSED DAY OF fr , 19 / J DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THAT THE FORE OrG ORDINANCE FINALLY ON THIS THE g DAY OF FOLLOWING VOTE: ATTEST: CIT READ FOR THE THIRD , 19 ME-AND PASSED BY THE DR. MCIVER FU AN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE PASSED AND APPROVED, THIS THE / DAY OF TA 'Y APPROVED AS TO LEGk FORM THI_ JL. DAY OF // , X9(1 i'%2 CITY ATTORNEY YOR pio4B THE CITY OF CORPUS CHRISTI, TEXAS