HomeMy WebLinkAbout10174 ORD - 02/24/1971Bjw:2 /16/71
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR
A FIVE -YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT
AUTHORIZED BY ORDINANCE NO. 85509, CONCERNING A TRACT
OF APPROXIMATELY THREE AND ONE -HALF ACRES OF LAND IN
BOTSFORD PARK, FOR THE PURPOSE OF ESTABLISHING AND
MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH
AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A ",AND
MADE A PART HEREOF.
r
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 AMERICAN LITTLE LEAGUE, FOR A FIVE (5) YEAR
EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZED BY ORDINANCE N0. 8509,
LEASING TO THE SAID AMERICAN LITTLE LEAGUE A TRACT OF LAND CONSISTING OF
APPROXIMATELY THREE AND ONE -HALF ACRES OF LAND IN BOTSFORD PARK FOR THE
PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, A COPY OF
WHICH AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT IAA° AND MADE A PART
HEREOF.
1
10174 4
BJW:2/16171
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES j
THIS AGREEMENT MADE AND ENTERED INTO THIS THE DAY OF
1971, BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATIONS HEREINAFTER CALLED "CITY", AND AMERICAN
LITTLE LEAGUE, CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED IILESSEE'i
WITNESSETH:
THE CITY OF CORPUS CHRISTI, TEXAS, FOR VALUABLE CONSIDERATION,
DOES BY THESE PRESENTS LEASE AND DEMISE UNTO THE SAID LESSEE, THE FOLLOW-
ING DESCRIBED PREMISES, TO -WIT:
A TRACT OF LAND 310 FEET IN WIDTH AND 510 FEET IN LENGTH,
BEING A PORTION OF THE AREA DESIGNATED AS "PARK" IN THE
BOTSFORD PLACE UNIT 2 OF RECORD IN VOL. 16, PAGE 47, MAP
RECORDS OF NUECES COUNTY) TEXAS, ALSO A PORTION OF LOTS
5, 6, 7, AND 8, BLOCK A AND LOTS 5 AND 8, BLOCK B
LEXINGTON PLACE SUBDIVISION, OF RECORD IN VOL. 9, PAGE 7,
MAP RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH BOUNDARY LINE OF SAID
LEXINGTON PLACE, SAID POINT BEARS S. 61' -301 E. 196.514
FEET FROM THE MOST NORTHERLY CORNER OF SAID LEXINGTON
PLACE SUBDIVISION;
THENCE N. 61' -311 W. WITH THE NORTH BOUNDARY LINE OF
SAID LEXINGTON PLACE SUBDIVISION AND THE NORTH BOUNDARY
LINE OF SAID BOTSFORD PLACE, A DISTANCE OF 290 FEET TO
A POINT;
THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT
HAVING A RADIUS OF 20 FEET AND A CENTRAL ANGLE OF $90
-331, A DISTANCE OF 31.26 FEET TO A POINT;
THENCE S. 29' -001 3011 W. WITH THE EAST BOUNDARY LINE OF
HAMLETT STREET, A DISTANCE OF 490 FEET TO A POINT;
THENCE S. 61' -301 E.,•A DISTANCE OF 310 FEET TO A POINT;
THENCE N. 29' -301 E. PARALLEL TO AND 310 FEET EAST OF
THE EAST BOUNDARY LINE OF HAMLETT STREET, A DISTANCE OF
510 FEET TO THE PLACE OF BEGINNING,
FOR THE TERM OF FIVE (5) YEARS, SAID LEASE BEGINNING ON THE 7TH DAY OF
JULYS 1972, AND ENDING FIVE (5) YEARS FROM THAT DATE, SUBJECT TO THE FOLLOW-
ING CONDITIONS AND COVENANTS:.,..,,,.,,
BIT "A'`
1. THE AMERICAN 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 WITH-
OUT THE CONSENT OF THE CITY IN WRITINGS ANDS IF FOR ANY REASON THIS LEASE IS
CANCELLED OR EXPIRES, THE AMERICAN 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 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 INSTALL-
ATION, MAINTENANCE; REMOVAL OR REPAIR OF LINES IN SUCH EASEMENT.
3. IT IS THE INTENTION OF THE AMERICAN LITTLE LEAGUE THAT THE
PREMISES SHALL BE FOR THE ESTABLISHMENT AND MAINTENANCE -OF A RECREATIONAL
AREA AND FOR NO OTHER PURPOSE.
4. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED BY IT ON THE
PREMISES LEASED BY ITS 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 INS UPON, OR CONNECTED WITH SAID PREMISES DURING
THE TERM OF THIS LEASE AT ITS OWN EXPENSE.
7. LESSEE SHALL EMPLOY A PERSON FOR THE PRIMARY PURPOSE OF
MAINTAINING THE PREMISES SPECIFICALLY TO ASSURE THAT THE PREMISES ARE
FREE AND CLEAR OF ALL LITTER AND DEBRIS AT ALL TIMES. THE LESSEE SHALL,
-2-
IN THIS REGARD, ALSO PREVENT THE MOVEMENT OF LITTER FROM THE LEASED AREA
ONTO ADJACENT PRIVATE PROPERTY.
H. 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.
9. 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 OF CORPUS CHRISTI
BY
R. MARVIN TOWNSEND
CITY MANAGER
APPROVED:
M DAY OF _ _ �, 1 971 :
,A
1 ATTORNEY '
ANERICAN LITTLE LEAGUE
ATTEST: BY
PRESIDENT
SECRETARY
That the foregoing ordinance was read for the first time and
passed to its second reading on this the I'Mday of
19 // , by the following vote: /7
Jack R. Blackmon
Gabe Lozano, Jr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases L
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore.e�
That the foregoing ordinance was read f L the second time and passed
to its third reading on this the c���i�J day of . , 19
by the following vote:
Jack
R. Blackmon
Gabe
Lozano,
Sr.
n n
V. A. Dick Bradley, Jr
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
That the foregoing ordinanc was read for,/the third time and passed
finally on this the ,/LS�/ day of �� k.6%% 19 by the following
vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, J
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Robert
Ronnie Sizemore
PASSED AND APPROVED, this the
9 %%
ATTEST: •
L
City Secretary MA 0
THE CITY OF CORPUS CHRISTI, TEXAS
HIS T AL FO THE
,111A DAY O
,7—
City Attorney