The URL can be used to link to this page

Home My WebLink About11992 ORD - 04/10/1974SRR:vp:3 /4/74:1st • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE AGREEMENT WITH THE SOUTHSIDE PONY LEAGUE, LEASING TO SAID SOUTHSIDE PONY LEAGUE A 1.71 ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. BE IT ORDAINED 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 Southside Pony League, leasing to the said Southside Pony League for a period of five years, a 1.71 acre tract of land in Price Park for the purpose of establishing and maintaining a Pony League baseball 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, said 1.71 acre tract being more particularly described as follows: Being a 1.71 acre tract of land, more or less, being joined on the southeast by the city parking lot, on the northeast by the southwest property line of the tract of land being leased by the City to the Federal Aviation Administration, on the northwest by the north- west property line of Price Park, and on the southwest by the northeast property line of the tract of land being leased by the City to the Central Park Little League. 11992 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This AGREEMENT made and entered into this the day of A.D., 1974, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City ", and the Southside Pony 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: Being a 1.71 acre tract of land, more or less, being joined on the southeast by the city parking lot, on the northeast by the southwest property line of the tract of land being leased by the City to the Federal Aviation Administration, on the northwest by the north- west property line of Price Park, and on the southwest by the northeast property line of the tract of land being leased by the City to the Central Park Little League. Containing 1.71 acres of land more or less. The term of this lease shell be five (5) years beginning June 6, , 1974 and ending June 5 , 19 79 , provided, however, this lease is subject to cancellation by the City, at its option, if the premises hereby leased are needed for a municipal purpose, the deter- mination of which need by the City Council of Corpus Christi shell be final upon giving at least six (6) months notice in writing to the Southside Pony League, and subject to the following conditions and covenants: 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 condition, and at the expiration thereof to return said e premises to City in as good a 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 any and all improvements placed on said premises which are.unattached to the land may be moved by the Lessee at the expiration of this Lease. Z--X/ ':# k 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 use for Pony League 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 Pony League purposes. The City may use any of the land as .a utility or effluent line easement without compensating to Lessee for use of such easement or damage for installation, maintenance, removal or repair of lines in such easement. 3. It is the intention of the Southaide Pony League that the premises shall be for the establishment and maintenance of a recreational area and for no other purpose. k. 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 and /or the Park Board of the City of Corpus Christi, Texas, for the maintenance and operation of the leased 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, pre- vention and abatement of nuisances end /or hazards in, upon, or connected with the operation of a ball park on said premises at Lessee's own expense, and Lessee shall keep the premises free of weeds and rubbish at all times at its 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 e with Lessee's use of said premises. Activities to be conducted on the site shall be available to all, allowing each person who complies with all reasonable rules and regulations to actively participate by playing. -2- 8. This lease is subject to all of the ordinances of the City with respect to leases upon public property. 9. That in case of default in any of 'the covenants herein, Lessor may enforce the performance of this lease in ahy mode provided by law, and this lease may be forfeited at Lessor's discretion if such default continues for a period of thirty (30) days after Lessor notifies said Lessee of such default and Lessor's intention to declare the lease forfeited, and thereupon (unless the Lessee shall have completely removed or cured such default) this lease:shaLl cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof. Forbearance by the Lessor or omission by Lessor to give notice to Lessee of such default or breach shall not estop Lessor from giving such notice and invoking such forfeiture at any time thereafter and during the term hereof. 10. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary APPROVED: DAY OF 1975: City Attorney By R. Marvin Townsend City Manager SOUTRSIDE POPIY LEAGUE OF CORPUS CHRISTI, TEXAS That the foregoing ordinance as read for the fir t time and passed to its second reading on this the ,day of 19, by the following vote: Jason Luby Q Q�yT James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was read o the y�e'cond tim�e.�fd passed to its third reading on this the LT! day of Q� / 19 / by the following vote: Jason Luby liL�L ,Tames T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance as read fo the third time and passed finally on this the /d +day of 19__2,g, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the day of z, 19. ATTEST: City Secret APP .{OWED: IY" DAY OF 19 1 / �CCity Attorney MAY THE CITY OF CORPUS CHRISTI, TEXAS MOTION moved and sP�wa� seconded the following motion: That the lease incorporated in and made a part of the ordinance authorizing a five -year lease with the Southside Pony League, read on the first two of three readings on March 6, 1974 and March 13, 1974, respectively , be amended by adding the following clause immediately following Item 7, page 2: "Activities to be conducted on the site shall be available to all, allowing each person who complies with all reasonable rules and regulations to actively participate by playing." Motion carried unanimously.