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Home My WebLink About12141 ORD - 05/22/1974JRR:Jkh:cd:5- 20- 74:lst V • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE AGREEMENT WITH THE OSO- NATIONAL PONY LEAGUE, LEASING TO SAID OSO- NATIONAL PONY LEAGUE A 7.30 ACRE TRACT OF LAND IN SOUTH GUTH PARR FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE,BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGRRFUmNT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager biL and he is hereby authorized and directed to execute a lease agreement with the Oso- National Pony League, leasing to the said Oso- National Pony League for a period of five years, a 7.30 acre tract of land in South Guth 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 o €,which is attached hereto and made a part hereof, marked Exhibit "A "; 121-41 . • THE STATE OF TEXAS COUNTY OF NUECES • LEASE AGREEMENT 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 Oso- National 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 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 43, Nueces County, Texas, Map Records; Beginning At A 1" I.P. in the Southeast Line of The Continental Pony League Lease Tract, Said Point Being S. 60°58' 50" E., 435.0 Feet from the Southwest corner of Said Lot 8; Thence N. 29° Ol' 10" E., With Said Southeast Line of The Continental Pony League Lease a Distance of 198.48 Feet To a Point; Thence N. 58° 31' 10" E., With The Southeast Line of The Oso Little League Lease Tract a Distance of 568.0 Feet to A Point in The West Right of Way Line of Ennis Joslin Road; Thence S. 18° 50' 30" E., With Said Right of Way line of Ennis Joslin Road a Distance of 69.01 Feet To A Point; Thence in a Southeasterly Direction Continuing With Said West Right of Way Line of Ennis Joslin Road and With the ARC of A Curve To The Left Whose Central Angle is 5° 35' 33" And Whose Radius is 5769.58 Feet, A Distance of 544.01, To a Point For The Northeast Corner of This Tract; Thence S. 69° 16' W., A Distance of 421.01.More or Less To A 1" I.P. In The Northeast Boundary Line of Lot 20, Section 17, Flour Bluff and Encinal Farm and Garden Tracts For a Corner of This Tract; Thence N. 60° 58' 50" W., A Distance of 470.92 Feet To The Place of Beginning; Containing 7.30 acres More or Less. I i The term of this lease shall be five (5) years beginning JULY 22 , 1974 and ending JULY 22 , 1979, 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 shall be final upon giving at least six (6) months notice in writing to Oso- National 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 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 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 only 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- National 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 and /or hazards in, upon, or connected (2) 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 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 nil 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 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 failure 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 parities hereto and displaces all previous verbal or oral agreements. CITY OF CORPUS CHRISTI, TEARS By R. Marvin Townsend City Manager City Secretary OSO- NATIONAL PONY LEAGUE OF CORPUS APPROVED: CHRISTI, TEXAS o� u DAY OF �� 1974: Ci Attorney (3) • That the foregoing ordinance was read for the first time d passed to reading on this the 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 ordiX was read r the second time d passed to its third reading on this the - 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 forego i ordin a was read for the third time and passed finally on this the , 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 PASSED AND APPROVED, this the of 19. ATTEST: RSST. Cfky Secretary APPROVED: L DAY OF 5 Attorney 14AYPA CITY OF CORPUS CERISTI, TEXAS !'_: N 1974` APPROVED yBY COUNCIL _'" ��