HomeMy WebLinkAbout11187 ORD - 12/06/1972• JRR:W,11: jkb:10- 31 —%2; lEa;
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A LEASE AGREEI'IENT WITH THE OSO LITTLE
14ISSES KICKBALL, LEASING TO THE SAID OSO LITTLE
HISSES KICYRALL A 4.23 —ACRE TRACT OF LAND IN
SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING
AND MAINTAINING A LITTLE MISSES KICKBALL PROGRAM,
ALL AS MORE FULLY SET FORTH IF THE AGREEMENT, A
COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT
"A ", AND MADE A PART HEREOF.
BE IT ORDAINZU BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
and directed to execute a lease agreement with the Oso Little Misses
Kickball, leasing to the said Oso Little Misses Kickball for a period
of five years, commencing on November 22, 1972 and ending five years from
said date, a 4.23 -acre tract of land in South Guth Park for the purpose
of establishing and maintaining a Little Misses Kickball Program., all as
is more fully set forth in the agreement, a copy of which is attached
hereto, marked Exhibit "A ", and made a part hereof.
jAi87
•
MOTION
moved and
seconded the motion that the Ordinance authorizing lease agreement with
the National Little League of a 4.35 -acre tract of land in South Guth
Park, read on the first two of three readings, be amended, prior to
final passage, as follows:
Add a new Paragraph 8 to the lease agreement, reading as follows:
"8. Lessee further agrees to use the Southeast portion of
said tract for parking purposes as indicated on the attached map, marked
Exhibit 2, incorporated herein by reference and made a part hereof.
Lessee shall be responsible for maintenance and construction of parking
area, maintaining suitable entrance and exit roads, properly designated,
in accordance with standards set out by the Director of Parks and Recreation."
Rev.uuber the present Paragraph 8 as Paragraph 9 of the agreement.
Moti( n carried.
• r
MOTION
moved and
seconded the motion that the Ordinance authorizing lease agreement with
the National Little League of a 4.35 -acre tract of land in South Guth
Park, read on the first two of three readings, be amended, prior to
final passage, as follows:
Add a new Paragraph 8 to the lease agreement, reading as follows:
"8. Lessee further agrees to use the Southeast portion of
said tract for parking purposes as indicated on the attached map, marked
Exhibit 2, incorporated herein by reference and made a part hereof.
Lessee shall be responsible for maintenance and construction of parking
area, maintaining suitable entrance and exit roads, properly designated,
in accordance with standards set out by the Director of Parks and Recreation."
Renumber the present Paragraph 8 as Paragraph 9 of the agreemar.t.
Motion carried.
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES d
This lease made and entered into on this the day of
, A. D. 1972, 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 LITTLE MISSES KICKBALL
LEAGUE, a public non - profit organization chartered for the purpose of
providing kickball activities for girls, 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 a 4.234 acre tract of land out of Lots Seven (7),
Nineteen (19), and Twenty (20), Section Seventeen (17),
Flour Bluff and Encinal Farm and Gorden Tracts as shown
by map of record in Volume A, pages 41, 42, and 43,• Map --
Records, Nueces County, Texas, said 4.234 acre tract of
land being more particularly described by metes and bounds
as follows:
Beginning at a 1" iron pipe in the southeast boundary
line of the Continental Pony League Lease Tract, said
point being S. 60° 58' 50" E., 435.0 feet from the
most northerly corner of said Lot Nineteen (19), for
the beginning corner of the tract herein described;
Thence S. 60° 58' 50" E., with the southwest boundary
line of the Oso National Pony League Lease Tract, a
distance of 470.92 feet to a point for an interior
corner of•the tract herein described;
Thence N. 69° 16' 10" E., a distance of 415.16 feet
to a point in the arc of a curve, the southwest right -
of -way line of Ennis Joslin Road for the most northerly
corner of the tract herein described;
Thence in a southeasterly direction with the southwest
right -of -way line of said Ennis Joslin Road and with
the arc of a curve to the left whose central angle is
0° 32' 10" and whose radius is 5769.58 feet, an arc
distance of 53.95 feet to it point for a corner of
this tract;
Thence S. 760 36' 40" W., a distance of 66.21 feet to a
point for an interior corner of the tract herein described;
Thence S. 331 18" 50" W., a distance of 445.76 feet to a
point for the most southerly corner of this tract;
Thence N. 600 45' 10" W., a distance of 700.0 feet to a
1" iron pipe in the most southerly corner of said Continental
Pony League Lease Tract for the most westerly corner of the
tract herein described;
Thence N. 29° O1' 10" E., with the southeast boundary line
of said Continental Pony League Lease Tract, a distance of
202.0 feet to the point of beginning.
Containing 4.234 acres of land more or less.
Being a 0.257 acre tract of land out of Lot Seven (7),
Section Seventeen (17), Flour Bluff and Encinal Farm
and Gorden Tracts as shown by map of record in Volume A,
pages 41, 42, and 43, Map Records, Nueces County, Texas,
said 0.257 acre tract of land being more particularly
described by metes and bounds as follows:
Beginning at a 1" iron pi a in the southwest boundary
line of said Lot Seven (7g, and in the.most southerly
corner of the Oso National Pony League Lease Tract,
said point being S. 60° 58' 50" E., 905.92 feet from
the most northerly corner of Lot Nineteen (19), said
Section Seventeen (17), for the most westerly and
beginning corner of the tract herein described;
Thence N. 690 16' 10" E., a distance of 415.16 feet to
a point in the southwest right -of -way line of Ennis
Joslin Road, for the most northerly corner of the tract
herein described;
Thence in a southeasterly direction with the southwest
right -of -way line of said Ennis Joslin Road, and with
the arc of a curve to the left whose central angle is
0" 32' 10" and whose radius is 5769.58 feet, an arc
distance of 53.95 feet to a point for the most southerly
corner of this tract;
Thence S. 760 36' 40" W., a distance of 421.66 feet to
the point of beginning.
Containing 0.257 acre of land more or less.
The term of this lease shall be five (5) years, beginning on
the 2Zm4 day of November , 1972, 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
agrees to maintain the land and premises during the term of this lease in
a clean and sanitary condition, and at the expiration thereof to return
said premises to the City in as good a condition as received, reasonable
use, wear, acts of God, fire and flood, damage and destruction excepted.
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2. Lessee does by these presents and by entering upon
the land agree to maintain a ball park with all the necessary
seating and miscellaneous improvements necessary and reasonable
to conduct a kickball program for girls. Any and all other improve-
ments not necessary to said kickball program must have the prior
consent of the City in writing .-prior to its construction. Lessee
further agrees that the Park and Recreation 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 its use for
kickball purposes. Lessee shall not deny access and use of the park
to the general public during the hours when the park is not in use
for kickball purposes. Lessee further agrees that the 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 com-
pensation 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 land
agree to use said premises for the establishment and maintenance of a recre-
ational area for the benefit of the public with primary use behind the afore-
said Little Misses Kickball program and for no other purpose without the
prior written consent of the City.
4. Lessee does hereby agree to pay for all utilities used by
it on said premises or used by Iny 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 and Recreation Board of the City for
the maintenance of said premises or operations thereon.
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.
-3-
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.
8. 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. Lessee further agrees to use the Southwest portion of said
tract for parking purposes as indicated on the attached map, marked
Exhibit 2, incorporated herein by reference and made a part hereof. Lessee
shall be responsible for construction and ruaintenance of a parking area,
and suitable entrance and exit roads on sLii portion of the tract in
accordance with standards set out bythe Director of Parks and Recreation.
Lessee may also use for parking purposes the Southeast portion
of the Oso National Pony League Tract as indicated on the attached map.
10. 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_�-br- day of
1972.
ATTEST:
Secretary
City Secretary
APPROVED:
DAY OF , 1972:
City Attorney
OSO LITTLE MISSES KICKBALL LEAGUE
By
CITY OF CORPUS CHRISTI, TEXAS
By
R. Marvin Townsend
City Manager
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SOUTH GUTH PARK
PARKING PLAN fror
NATIONAL LITTLE LEAGUE.,
OSO LITTLE MISSES KICKBALL, AND
050-NATIONAL PONY LEAGUE
SCALE I" =100' NOVEMBER 7,197Z
PARK E FELREATION DEPT.
1�
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED
TO ITS SECOND READING ON T I S THE/ � DAY OF BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE ll�'A
CHARLES A. BONNIWELL "` --
ROBERTO BOSOUEZ, M.D.
REV. HAROLD HAROLD T. BRANCH
THOMAS V. GONPALES
IFL-
GABE LOZANO, SR.
J. HOWARD STARK a Lp y.�
THAT THE FOREGOING ORDINANCE WAS REAP OOR. THE SECOND TIME �AND PASSED
TO ITS THIRD READING ON THIS THE�DAY OF a�"'�, 19_, BY THE
FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE t�-DAY OF �(�.��;,; -, -�i , j9 r/7,, BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL _ CL #__ _
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
GABE LOZANO, SR. il<
J. HOWARD STARK
PASSED AND APPROVED, THIS THE Lr F Al) 19- 'Lz.
ATTEST:
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CITY $ CRET RY MAYOR
VED: THE CITY OF CORP RISTI, TEXAS
APP
DAY OF , 19
SOW ATTORNEY