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Home My WebLink About12447 ORD - 01/29/1975JRR:vMR :12- 24- 74;1sr AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE, LEASING TO THE SAID SOUTHSIDE LITTLE LEAGUE A TRACT OF APPROXIMATELY FIVE (5) ACRES IN EVELYN PRICE PARK FOR THE PURPOSE OF CONDUCTING AND MAINTAINING A RE- CREATIONAL AREA, FOR A TERM OF FIVE YEARS, COMMENCING MARCH 1, 1975, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT BETWEEN THE CITY AND THE SAID SOUTHSIDE LITTLE LEAGUE, 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, TEXAS: • SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE LEASING TO SAID SOUTHSIDE LITTLE LEAGUE FOR A PERIOD OF FIVE YEARS, COMMENCING MARCH 1, 1975 A TRACT OF APPROXIMATELY FIVE (5) ACRES IN EVELYN PRICE PARK FOR THE PURPOSE OF CONDUCTING AND MAINTAINING A RECREATIONAL AREA, 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 ". 12447 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 Southside Little League, Corpus Christi, Texas, hereinafter called "Lessee ", WITNESSETH: The City of Corpus Christi, Texas, for valuable consideration, does by these presents lease and demise unto the said Lessee, the fol- lowing described premises, to wit: A tract of land 330 feet in width and 660 feet in length out of Lots 9 and 10, Section "B", Paisley's Subdivision 'of the Hoffman Tract as shown by map or plat of record in Vol. A, Page 28, Map Records of Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at a point, the most westerly corner of said Lot 9, Section "B" and the most southerly corner of said Lot 10, Section "B", Paisley's Subdivision of the Hoffman Tract; Thence N. 61° 45' 45" W. with the southwest boundary line of said Lot 10 a distance of 25 feet to a point; Thence N. 28° 16' 22" E. a distance of 25 feet to a point in the northeast boundary line of Lamont Street for the most westerly corner and point of beginning of the tract herein described; Thence N. 28° 16' 22" E. a distance of 330 feet to a point for the most northerly corner of this tract; Thence S. 61° 45' 45" E. at 25 feet pass the northwest boundary line of said Lot 9 in all 660 feet to a point in the northwest boundary line of Weir Drive for. the most easterly corner of this tract; Thence S. 28° 16' 22" W. with the northwest boundary line of Weir Drive a distance of 330 feet to a point for the most southerly corner of this tract, said point being in the north- east boundary line of Lamont Street; Thence N. 61° 45' 45" W. with the northeast boundary line of Lamont Street at 635 feet pass the northwest boundary line of said Lot 9 in all a distance of 660 feet to the place of beginning; Containing 5 acres of land more or less. • The Term of this lease shall be five (5) years beginning , 19 and ending , 19, 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 Southside Little 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 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 Southside Little League that the pre- mises 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 disereation 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 came 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 . SOUTHSIDE LITTLE LEAGUE OF — CORPUS CHRISTI, TEXAS City Attorney -3- EXEC., That the foregoing ordinanc _22§ read for tDp first tim passed to its second reading on this the day of , 19,7 , 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 ordin ce was read fo the second time and passed to its third reading on this the 67Z day of LPL/ 19 7.5-76y 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 as read for thethird time and passed finally on this the ,gya day of Y d.•-✓ , 19 ,7S, by the following vote: ATTEST: 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 oc../ day of ASS APPROVED: DAY OF L.ewW'� ._ , 19'0: ity Attorney 19 7.l STATE OF TEXAS, . County of Nueces. PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came. _, who being first duly sworn, according to law, says that he is the Glass of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Le - rzre e-irat with de Lit 1;1 e__Le of which the annexed is a true copy, was published in Time s on the 5 day of__.2-2.L.ruar_y..—__ 19-25, extdconmeatit Times. $ 11,00 _ r args s • Ad. 'Tanager Subscribed and sworn to before me this 7 —day of__.._ 19 7 5 tty Myers ot PublivNueces County, Texas LEGAL 0 3417 lETAU AUTHO lEE AG�RgRECTIN^�, ER WITH THE SOOTMSIDE LITRE LEAGUIINX E SAID SOUTHS EFF.. GUE A FITRACT (5S�5,,,, �p�yrTELT PRICE WE •• 'AURPOSE MAINTAI . J ( TIONAL AREA, '-F FIVE YEARS NG MARCH 1, 1975, ALL AS- MORE FULLY SET FORTH IN THE AGREEMENT BETWEEN THE CITY AND THE SAID 5OUTH51DE LITTLE LEAGUE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", WAS PASSED AND APPROVED by the City Council of Me City %Corpus Christi, hurl% the RepuYler Caun it Meeting held January 29. 1975, at d:W p.m. and provides Met B shall tab affect from and after Its Passage end sublica1on and that a sourly for violation shall be fine of rot seeding Two Hundred (S203.03) Dollars. ISSUED UNDER MY HAND ANDSEAL the City of Copts Christi, Texas this 3rd day of February, 1975. 13 -43III G. Read BILL G. READ, City Secretary City of Corpus ChnrL9ti, Texas (SEAL/