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HomeMy WebLinkAbout10106 ORD - 02/17/19711- 12- 71:mv1 IV r AN ORDINANCE AUTHORIZING AND+DIRECTING THE CITY MANAGER, TO • EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A FIVE (5) YEAR EXTENSION OF THE CUR- RENT LEASE AGREEMENT AUTHORIZED BY ORDINANCE 7952; CONCERNING A TRACT OF LAND APPROXIMATELY 700 FEET BY 320 FEET OUT OF THE NORTHEAST CORNER OF THE HOLLY ROAD RESERVOIR SITE, AS SHOWN ON THE ATTACHED SKETCH, FOR THE PURPOSE OF ESTABLISHING AND MAIN- TAINING A RECREATIONAL AREA, A COPY OF WHICH AGREE- MENT 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 Padre Little League, for a five (5) year ex- tension of the current lease agreement authorized by Ordinancd 7952, leasing to the said Padre Little League a tract of land approximately 700 feet by 320 feet out of the Northeast corner of the Holly Road Reservoir Site, as shown on the attached sketch, for the purpose of establishing and maintain- ing a recreational area, a copy of which agreement is attached hereto and made a part hereof. 10106 7- 12- 71:mvl LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This Agreement made and entered into this the day of 1971, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City ", and Padre 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 Lessee, the following described premises, to -wit: A tract of land approximately 700' x 320' out of the Northeast corner of the Holly Road Reservoir Site, in the City of Corpus Christi, Nueces County, Texas, as shown on Exhibit "A ", attached hereto and made a part hereof, for the term of five (5) years, said lease beginning on the day of , 1971, and ending five (5) years from that date, sub- ject to the following conditions, to -wit: 1. The Padre 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 God, 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 Padre Little League shall have the right to move all facilities installed by the League except pipe lines installed on, in or under the land. The City shall have joint use of the property, subject to the right of Lessee to have exclusive control of the area during game and practice sessions. 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, maintenance, removal or repair of lines in such easement. 3. The City may cancel lease without cause with six (6) months written notice to Lessee or without notice, if needed, for water system purposes. 4. It is the intention of the Padre Little League that the premises shall be for the establishment and maintenance of a recreational area and for no other purpose. 5. The Lessee herein shall erect at its expense a fence equivalent in height and quality to the present boundary fence. Said fence shall be a six -foot chain link fence with barbed wire parapet on top. Lessee shall also install at its expense a gate of chain link construction to correspond with at least the minimum construction of the chain link fence. Lessee shall maintain sufficiently strong locks on said gate to prevent, so far as possible, entry by unauthorized persons. Lessee shall be charged with the responsibility of adequate adult supervision of the premises and will keep the gate closed at all times when the area is not in use and under adult supervision. Lessee shall remove all improvements at the end of the lease term at the expense of Lessee. 6. 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. 7. Lessee agrees to conform to all rule4 set out by the City Manager of the City of Corpus Christi, Texas, for the operation of the leased premises. 8. 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 Les3ee shall keep the premises free of weeds and rubbish at all times at its own expense. -2- 9. 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 agrees to indemnify and hold harmless the City for any injuries to persons or property occasioned by the unlawful entry into the City Water Reservoir facilities and to place conspicuous signs of warning on the fence Lessee is to construct which will adequately and prop- erly warn persons of the dangerous equipment in the water storage facilities. Lessee agrees that the City has and will take appropriate safe- guards for prevention of injury and that it will inform all participants- and parents of the potential danger in the City Water Reservoir facilities. 10. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. WITNESSETH the hands of the parties hereto this the day of , 1971. ATTEST: City Secretary APPROVED / DAY OF o , 1971: ty Attorney ATTEST: CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend City Manager PADRE LITTLE LEAGUE 41 p-rk)n� area 9. IVPWe �I� C F x u t a�aa�on at n� r relit roo�rs a 0 Z - future fields of padre little le due r Holly road resarvo�'se_ �., loa' Received Feb 16, 66 <, That the foregoing ordinance was read for first time and passed to its second reading on this the /A&ay of 19 / by the following vote: , q Jack R. Blackmon -�+ Gabe Lozano, Sr. a V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinanc was read'� to its third reading on this the ay of by the following vote: - P the second time and passed ,X-Ze dC/icI , 19 -71 1 Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"-Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts n Ronnie Sizemore Lit( That the foregoing ordinance was rea for the third time and passed finally on this the /= day of 19 71, , by the following vote: 4 U Jack R. Blackmon J Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDanielG.d W. J. "Wrangler" Roberts Ronnie Sizemore d4t_1 . PASSED AND APPROVED, this the / %/4dayo of d LY, 19 ATTEST. City Secret f MAYOR JfHE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO GAL FORM TH S THE +fir \vJl [; DAY OF , 19 511y Attorney