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HomeMy WebLinkAbout08776 ORD - 02/28/1968• VMP:1/211'68 r AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH CENTRAL PARK LITTLE LEAGUE LEASING TO THE SAID CENTRAL PARK LITTLE LEAGUE A TRACT OF APPROXIMATELY SIX (6) ACRES OF LAND IN EVELYN PRICE PARK FOR THE PURPOSE OF MAINTAINING A RECREATIONAL AREA, FOR A PERIOD OF FIVE YEARS, BEGINNING , 1968, IN ACCORDANCE WITH THE CONDITIONS SET FORTH IN THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE AFORESAID CENTRAL PARK LITTLE LEAGUE AND MADE A PART HEREOF. 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 CENTRAL PARK LITTLE LEAGUE, LEASING TO THE SAID CENTRAL PARK LITTLE LEAGUE A TRACT OF APPROXIMATELY SIX (6) ACRES OF LAND IN EVELYN PRICE PARK FOR THE PURPOSE OF MAINTAIN- ING A RECREATIONAL AREA, FOR A PERIOD OF FIVE YEARS, BEGINNING AND ENDING FIVE YEARS HENCE, ALL IN ACCORDANCE WITH THE CONDITIONS SET FORTH IN THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE AFORESAID CENTRAL PARK LITTLE LEAGUE AND MADE PART OF THIS ORDINANCE. 9776 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT MADE AND ENTERED INTO THIS THE DAY OF A. D. 19[68, BY AND BETWEEN THE CITY OF CORPUS CHRISTI] TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY" AND THE CENTRAL PARK LITTLE LEAGUE, CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED 'LESSEE ": W I T N E S S E T H: THE CITY OF CORPUS CHRISTI, TEXAS] FOR VALUABLE CONSIDERATION DOES BY THESE PRESENTS LEASE AND DEMISE UNTO THE SAID LESSEES THE FOLLOWING DESCRIBED PREMISES TO -WIT. APPROXIMATELY SIX ACRES OF LAND FRONTING 240 FEET ON LAMONT STREET HAVING COMMON CORNER WITH W. C. LOWREY PROPERTY AND EXTENDING NORTHWARD 1080 FEET BETWEEN PARALLEL LINES TO THE F.A.A. RADAR FACILITIES ON PROPERTY UNDER LEASE FROM THE CITY OF CORPUS CHRISTI, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. CONTAINING SIX (6) ACRES OF LAND] MORE OR LESS] FOR THE TERM OF FIVE (5) YEARS] SAID LEASE BEGINNING ON , 1968, AND ENDING FIVE (5) YEARS FROM THAT DATE, SUBJECT TO THE FOLLOWING CONDITIONS AND COVENANTS: 1. THE CENTRAL PARK LITTLE LEAGUE HEREBY AND BY THESE PRESENTS AGREES TO ACCEPT SAID PREMISES AS COMPLETED, TO MAINTAIN SAID PREMISES AS COMPLETED, TO MAINTAIN SAID PREMISES DURING THE TERM OF THIS INSTRUMENT IN A CLEAN AND SANITARY CONDITION, AND AT THE EXPIRATION THEREOF TO RETURN SAID PREMISES TO CITY IN AS GOOD CONDITION AS RECEIVED, REASONABLE USE, WEAR; ACTS OF GODS FIRE AND FLOOD EXCEPTED. 2. NO ADDITIONS OR ALTERATIONS SHALL BE MADE TO THE PREMISES WITHOUT THE CONSENT OF THE CITY IN WRITING; AND, IF FOR ANY REASON THIS LEASE IS CANCELLED OR EXPIRES THE CENTRAL PARK LITTLE LEAGUE SHALL HAVE THE RIGHT TO MOVE ALL FACILITIES INSTALLED BY THE LEAGUE EXCEPT PIPELINES INSTALLED ONE IN OR UNDER THE LAND. THE PARK BOARD SHALL HAVE JOINT USE OF THE PROPERTY, SUBJECT TO THE RIGHT OF THE LESSEE TO HAVE EXCLUSIVE CONTROL OF PARK DURING ITS SEASON. THE CITY MAY USE ANY OF THE LAND AS A UTILITY LINE EASEMENT WITHOUT COMPENSATION TO LESSEE FOR USE OF SUCH EASEMENT OR DAMAGE FOR INSTALLATION, MAINTENANCES REMOVAL OR REPAIR OF LINES IN SUCH EASEMENT. • 3. IT IS THE INTENTION OF THE CENTRAL PARK LITTLE LEAGUE THAT THE PREMISES SHALL BE FOR THE ESTABLISHMENT AND MAINTENANCE OF A RECREA- TIONAL AREA AND FOR NO OTHER PURPOSE. 4. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED BY IT ON THE PREMISES LEASED BY IT, OR USED BY ANY ACTIVITY SPONSORED BY IT. 5• LESSEE AGREES TO CONFORM TO ALL RULES SET OUT BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES. 6. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDI- NANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE BOARD OF HEALTH, SANITATION, FIRE AND POLICE DEPARTMENTS, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES AND/OR HAZARDS IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT ITS OWN EXPENSE, AND THE LESSEE SHALL KEEP THE PREMISES FREE OF WEEDS AND RUBBISH AT ITS OWN EXPENSE. 7. THE CITY SHALL NOT BE RESPONSIBLE FOR DAMAGES TO PROPERTY OR INJURY TO PERSONS WHICH MAY ARISE INCIDENT TO THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED. 8. THIS LEASE SHALL BE SUBJECT TO CANCELLATION FOR NONCOMPLIANCE OF THE CONDITIONS OF THIS LEASE UPON 30 -DAYS WRITTEN NOTICE OF SUCH NON- COMPLIANCE BY LESSEE AND FAILURE TO CORRECT SAME. 9. THIS CONTRACT CONTAINS ALL THE PROVISIONS AGREED UPON BY THE PARTIES HERETO AND DISPLACES ALL PREVIOUS VqRBAL OR ORAL AGREEMENTS. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF JANUARY, 1968: CITY ATTORNEY CITY OF CORPUS CHRISTI, TEXAS BY ACTING CITY MANAGER - • • THAT THE FOREGOING ORDINANCE WAS E`A� FOR THE I T TIME AND PAA TO ITS SECOND READING ON THIS THE Y ;/ DAY OF 19 3 /�Q /�lX_, BY THE FOLLOWING VOTE: 7-T JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. • KEN MCDANIEL Vip W. J. "WRANGLER" ROBERTS THAT THE FOREGOING ORDINA E AS READ FO T E SE D TIME AND P �, 7fl)) TO ITS THIRD READING ON THIS THE DAY OF , 19 ' BY THE FOLLOWING VOTE; JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. 4THE9T KEN MCDANIEL W. J. "WRANGLER" ROBERTS THAT THE FOREGOING ORDINANCE WAS READ FE AND PASSED FINALLY ON THIS THE DAY OF THE FOLLOW- ING VOTE; JACK R. BLACKMON RONN 1 E" S I ZEMO{tE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDAN 1 EL�E'i _ W. J. "WRANGLER" ROBERTS PASSED AND APPROVED, THIS THE �A DAY OF ATTE ` CITY-SECRET ARY- YO THE CITY OF CORPUS CHRISTI, TEXAS APPRO ED AS L GAL FORM T S THE DA OF 19A: f CITY ATTORNEY