HomeMy WebLinkAbout09361 ORD - 05/14/19695jw:3/19/69
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 OSO- NATIONAL PONY LEAGUE,
LEASING TO THE SAID OSO- NATIONAL PONY LEAGUE A SEVEN
ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE
OF ESTABLISHING AND MAINTAINING A PUBLIC RECREATIONAL
AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO 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 OSO- NATIONAL PONY LEAGUE, LEASING TO SAID OSO-
NATIONAL PONY LEAGUE A SEVEN ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE
PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF
SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF.
463101:
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LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS LEASE MADE AND ENTERED INTO ON THIS THE DAY OF
, A.D. ig6g, BY AND BETWEEN THE CITY OF CORPUS
CHRISTI, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS CITY
MANAGER, HEREINAFTER REFERRED TO AS "CITY', AND THE OSO- NATIONAL PONY
LEAGUE, A PUBLIC NON - PROFIT ORGANIZATION CHARTERED FOR THE PURPOSE OF PRO-
VIDING BASEBALL ACTIVITIES FOR TEENAGE BOYS, HEREINAFTER REFERRED TO AS
"LESSEE ",
W I T N E S S E T H
THAT THE CITY OF CORPUS CHRISTI, FOR AND IN CONSIDERATION OF THE
SUM OF ONE DOLLAR ($1.00), AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE
RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, DOES BY THESE
PRESENTS LEASE AND DEMISE UNTO LESSEE, THE FOLLOWING PIECE OR PARCEL OF
LAND LOCATED IN NUECES COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT:
BEING AN IRREGULAR TRACT OF LAND OUT OF LOTS 7 AND 8,
SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDENIA
TRACTS AS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE b3,
NUECES COUNTY, TEXAS, MAP RECORDS;
BEGINNING AT A 1" I.P. IN THE SOUTHEAST LINE OF THE
CONTINENTAL PONY LEAGUE LEASE TRACT, SAID POINT BEING
S. 6O° 581 5O" E., +35.0 FEET FROM THE SOUTHWEST CORNER
OF SAID LOT
THENCE N. 29' O1l 10" E., WITH SAID SOUTHEAST LINE OF THE
CONTINENTAL PONY LEAGUE LEASE A DISTANCE OF 198.48 FEET
TO A POINT;
THENCE N. 58° 31� lO" E., WITH THE SOUTHEAST LINE OF THE
OSO LITTLE LEAGUE LEASE TRACT A DISTANCE OF 568.0 FEET TO
A POINT IN THE WEST RIGHT OF WAY LINE OF ENNIS JOSLIN ROAD;
THENCE S. 18° 501 30" E., WITH SAID RIGHT OF WAY LINE OF
ENNIS JOSLIN ROAD A DISTANCE OF 69.01 FEET TO A POINT;
THENCE IN A SOUTHEASTERLY DIRECTION CONTINUING WITH SAID
WEST RIGHT OF WAY LINE OF ENNIS JOSLIN ROAD AND WITH THE
ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 5' 35 1
33" AND WHOSE RADIUS IS 5769.58 FEET, A DISTANCE OF 54+.011
TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT,
THENCE S. 69° 161 W., A DISTANCE OF 1121.0IMORE OR LESS
TO A V I.P. IN THE IIORTHEAST BOUNDARY LINE OF LOT 20,
SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS FOR A CORNER OF THIS TRACT;
THENCE N. 60° 58, 5O'' W., A DISTANCE OF 470.92 FEET TO
THE PLACE OF BEGINNING)
CONTAINING 7,3 ACRES MORE OR LESS.
THE TERM OF THIS LEASE SHALL BE FIVE (5) YEARS, BEGINNING ON THE
22ND DAY OF JULY, 1969, AND ENDING FIVE (5) YEARS FROM SAID DATE; SUBJECT
TO THE FOLLOWING COVENANTS AND CONDITIONS:
1. LESSEE DOES BY THESE PRESENTS AND BY ENTERING UPON THE LAND
AGREE TO MAINTAIN THE LAND AND PREMISES DURING THE TERM OF THIS LEASE IN
A CLEAN AND SANITARY CONDITIONS AND AT THE EXPIRATION THEREOF TO RETURN
SAID PREMISES TO THE CITY IN AS GOOD A CONDITION AS RECEIVED, REASONABLE
USEI WEAR, ACTS OF GOD, FIRE AND FLOOD, DAMAGE AND DESTRUCTION EXCEPTED.
2. LESSEE DOES BY THESE PRESENTS AND BY ENTERING UPON THE LAND
AGREE TO MAINTAIN A BALL PARK WITH ALL THE NECESSARY SEATING AND MISCEL-
LANEOUS IMPROVEMENTS NECESSARY AND REASONABLE TO CONDUCT A BASEBALL PRO-
GRAM FOR BOYS OF PONY LEAGUE AGE. ANY AND ALL OTHER IMPROVEMENTS NOT
NECESSARY TO SAID BASEBALL PROGRAM MUST HAVE THE PRIOR CONSENT OF THE
CITY IN WRITING PRIOR TO ITS CONSTRUCTION. LESSEE FURTHER AGREES THAT
THE PARK BOARD OF THE CITY SHALL HAVE JOINT USE OF THE PROPERTY DURING
THE TERM HEREOF] SUBJECT TO THE RIGHT OF LESSEE TO HAVE EXCLUSIVE CONTROL
DURING THE PONY LEAGUE BASEBALL SEASON. LESSEE FURTHER AGREES THAT CITY
MAY USE SAID LAND WHEN NEEDED BY CITY OR NEEDED TO BE CROSSED BY CITY BY
THE INSTALLATION OF UTILITY OR EFFLUENT EASEMENTS WITHOUT COMPENSATION TO
LESSEE FOR SUCH EASEMENTS OR DAMAGE FOR INSTALLATION, MAINTENANCE, REMOVAL
OR REPAIR OF SAID UTILITY OR EFFLUENT LINES PROVIDED THE CITY EXERCISES
REASONABLE JUDGMENT 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 DOES BY THESE PRESENTS AND BY ITS ENTRY UPON THE
[AND AGREE TO USE SAID PREMISES FOR THE ESTABLISHMENT AND MAINTENANCE OF
A RECREATIONAL AREA FOR THE BENEFIT OF THE PUBLIC WITH PRIMARY USE BEING
THE AFORESAID PONY LEAGUE BASEBALL PROGRAM AND FOR NO OTHER PURPOSE WITH-
OUT THE PRIOR WRITTEN CONSENT OF THE CITY.
-2-
4. LESSEE DOES HEREBY AGREE TO PAY FOR ALL UTILITIES USED BY
IT ON SAID PREMISES OR USED BY ANY OTHER ACTIVITY SPONSORED BY LESSEE
AT SAID PREMISES.
5. LESSEE HEREBY AGREES TO CONFORM TO ALL REASONABLE RULES SET
OUT BY THE CITY MANAGER AND /OR THE PARK BOARD OF THE CITY FOR THE MAINTE-
NANCE OF SAID PREMISES.
6. LESSEE DOES HEREBY AGREE TO PROMPTLY EXECUTE AND FULFILL
ALL OF THE ORDINANCES OF THE CITY PERTAINING TO HEALTH, SANITATION, AND
TO 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, OR CONNECTED
WITH THE OPERATION OF A BALL PARK ON SAID PREMISES AT LESSEE'S OWN EXPENSE.
7. LESSEE DOES HEREBY AGREE THAT 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. LESSEE FURTHER
AGREES TO INDEMNIFY AND TO HOLD THE CITY HARMLESS FROM ANY LOSS OR DAMAGE
THAT MAY OCCUR UPON SAID PREMISES WHICH LOSS OR DAMAGE ARISES BY REASON
OF OR IS CONNECTED WITH LESSEE'S USE OF SAID PREMISES.
S. THE CITY HEREBY AGREES THAT LESSEE MAY AT THE END-OF THE
TERM OF THIS LEASE REMOVE 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.
9. THIS LEASE IS SUBJECT TO ALL OF THE ORDINANCES OF THE CITY
WITH RESPECT TO LEASES UPON PUBLIC PROPERTY.
WITNESSETH THE HANDS OF THE PARTIES HERETO THIS THE DAY
OF , t969.
OSO- NATIONAL PONY LEAGUE
ATTEST:
BY
CITY SECRETARY
APPROVED:
DAY OF .ig6g:
CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY
BY
CITY MANAGER
THAT THE FOREGOING ORDINANCE WAS &D FOR THE &TIME AMP
PASSED ro ITS SECOND READING ON THIS THE / % DAY OF ,
j9 , BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THAT THE FOREGOING ORDINANCE WAS READ FOR IE S�E�dG,.,N,D, TIME AND PASSED
TO ITS THIRD READING ON THIS THE DAY OF 1��iy�.ti.c�2._
BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
^%%wC -Gr✓/
KEN MCDAN 1 EL
W. J. "WRANGLER" ROBERTS
THAT THE FOREGOING ORDINANCE�AS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE � DAY'OF // _ , 19,�, BY THE FOLLOW- }
ING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE ucM v
V. A. "DICK" BRADLEY, JR.
�wA� � AzStS
� . J
• o am/
GABE LOZANO, SR. n
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
PASSED AND APPROVED, THIS THE //tU DAY OFD//,
ATTEST:
g1/ c C /rm_.�/�
CITY SECR A Y MAY6
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS HE
DAY OF % -•� ,19 : ti
r�
CITY ATTORNEY '