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Home My WebLink About12140 ORD - 05/22/197474 .TRR:] 5- 21:16t .. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE LEAGUE, LEASING TO SAID OSO LITTLE LEAGUE AN 8.70 -ACRE TRACT OF IAPID IN SOUTH GUTH PARR FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". BE TT 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 Oso Little League, leasing to the said Oso Little League for a period of five years, an 8.70 - acre tract of land in South Guth Park for the purpose of establishing and maintaining a Little League baseball program, all as is more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". ILV14 ! LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This AGREEMENT made and entered into this the day of , A.D., 19 , by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City ", and the Oso 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: Being an Irregular Tract of Land Out of Lots 7 and 8, Section 17, Flour Bluff and Encinal Farm and Garden Tracts as Shown By Map of Record In Volume A, Page 4, Nueces County, Texas, Map Records; Beginning at A 1" I.P. in The Southeast Rigbt- of-Way Line of Nile Drive, Said Point Being S. 60 58' 50" E, 60.0 Feet and N. 29 O1' 10" E, 146.48 Feet From The Southwest Corner Lot 8, Section 17, F.B. & E.F. & G. TRACT; Thence N. 29 O1' 10" E, With Said Southeast Bid rof- Way Line of Nile Drive, A Distance of 478.0 Feet To A 3/4" I.P. For a Corner of The Tract.Herein Descm-floed; Thence In A Northeasterly and Easterly Direction With The ARC of A Curve To The Right, Whose Central Angle Is 90 00' And Whose Radius Is 246.5 Feet, A Distance Of 387.17 Feet To A Point; Thence S. 60 59' 50" E, A Distance of 18.92 Feet To A Point; Thence In A Southeasterly Direction With The ARC of A Curve To The Right, Whose Central Angle is 42" 17' 17" And Whose Radius is 533.0 Feet, A Distance of 393.39 Feet To A Point In The West Right -of -Way Line of Ennis Joslin Road; Thence S. 18" 50' 30" E, With The West Right -of -Way Line Of Ennis Joslin Road A Distance of 85.0 Feet More or Less To A Point; Thence S. 58" 31' 10" W. ADistance of 568.0 Feet; More or Less To A Point, In A Line That Is Parallel To And 435 Feet Southeast Of The Southeast Right -of -Way Line Of Nile Drive; Thence S. 29 O1' 10" W, A Distance of 52.0 Feet To A 1" I.P. For The Southeast Corner of This Tract And The Northeast Corner of The Continental Pony League Lease Tract; Thence N. 60 58' 50" W, A Distance of 375.0 Feet To The Place of Beginning; Containing 8.7 Acres of Land More or Less. The Term of this lease shall be five (5) years beginning July 22 , 19 74 and ending July 22 , 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 determination of which need by the City Council of Corpus Christi shall be final upon giving at least six (6) months notice in writing to the Oso Little League, and subject to the following conditions and covenants: 1. Lessee does by these presents and by entering upon the lend 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 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. The Park Board shall have joint use of the property, subject to the right of the Lessee to have exclusive control of park d:zriing its use for Little 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 Little League purposes. The City may use any of the land as a utility or effluent 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. It is the intention of the Oso 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 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, 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, and Lessee shall keep (2) 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 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. 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 any mode provided by law, and this lease may be forfeited at Lessor's discreation if such default continues for a period of thirty (30) days after Lessor notifies said Lessee of such default and Lessor's intention to delare 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 BY City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF , 19_ OSO LITTLE LEAGUE OF CORPUS CHRISTI, TEXAS City Attorney (3) ! ! That !Le foregoing ordinance was read for the first time and passed to its second reading on this the A224 day of, 19, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark. That the foregoing ordinance was read for the second time and passed to its third reading on this the." '*day of 19_Z by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoi g ordinan was read for th third time and passed finally on this the ay of 19 by the following vote: Jason Luby n ayi� James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez WN FA' Gabe Lozano, Sr. �^ J: Howard Stark PASSED AND APPROVED, this the of '19 ATTEST: 0 " -, �4 / APPRO D: `�CI � DAY OF, 19 ` : �It---y I ' G ASS City MAYOR I CITY OF CORPUS UIRTI, TEXAS ey Rot,,