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HomeMy WebLinkAbout13131 ORD - 04/14/1976• JRH:vmr:3- 9- 76;lst 0 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CONTINENTAL PONY LEAGUE FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREA- TIONAL AREA IN SOUTH GUTH PARR FOR A TERM OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGaRbMHf, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A "; PROVIDING FOR PUBLICA- TION. 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 Continental Pony League for the purpose of establishing and maintaining a recreational area in South Guth Park for a term of five years, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. Publication shall be made within six (6) days of each of the first two readings by publishing in the official publication of the City of Corpus Christi the caption of this ordinance, stating in substance the purpose of the ordinance. JL313t LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This AGREEMENT made and entered into this the day of , A. D., 1976, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City ", and the Continental Pony League, Corpus Christi, Texas, hereinafter called "Lessee," W I T N E S S E T H: City, for valuable consideration does by these presents lease and demise unto the said Lessee, the following described premises, to -wit: Being a rectangular tract of land out of Lots 8 and 19, Section 17, Flour Bluff and Enciml Farm and Garden Tracts as recorded by plat in Vol. "A ", Pages 41, 42, and 43, Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows:. Beinning at a 1" iron pipe in the East right -of -way line of Nile Drive that bears S 60° 58' 50" E, 60.0 Feet and N 29° 01' 10" E, 146.48 feet from the most Westerly corner of said Lot 19; THENCE, S 606 58' 50" E, a distance of 375 feet to a 1" iron pipe for a corner; THENCE, S 29° 01' 10" W, a distance of 348.48 feet to a 1" iron pipe for a corner; THENCE, N 60° 58' 50" W, a distance of 375 feet to a 1" iron pipe in the East right -of -way line of Nile Drive for a corner; THENCE, N 29° 01' 10" E. along the East right- of—way line of Nile Drive, a distance of 348.48 feet to the place of begin- ning and containing 3 acres of land more or less. for the term of five (5) years, said lease beginning on the 1st day of May, 1976, and ending five (5) years from that date, subject to the following conditions and covenants: 1. Lessee hereby and by these present agrees to accept said premises as existing and completed, to maintain said premises during the term of this instrument in a clean and sanitary condition, and at the expiration thereof to return said premises to City in as good 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 any of the land as a utility or effluent line easement without compensation to Lessee for use of such ease- ment or damage for installation, maintenance, removal or repair of lines in such easement. 3. It is the intention of the Lessee 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 of the City of Corpus Christi, Texas, for the operation of the leased premises, or maintenance of said premises. 6. The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises and all orders and requirements imposed by the City /County Health Department, Fire and Police Departments, for the correction, prevention, and abatement of nuisances and /or hazards in, upon, or connected with said premises during the term of this lease at its own expense. 7. 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. 8. Lessee shall be responsible for maintenance and construction of parking area, maintaining suitable entrance and exist roads, properly designated, 2 in accordance with standards set out by the Director of Parke and Recreation. 9. 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 ,1976: City Attorney Secretary By R. Marvin Townsend City Manager CONTINENTAL PONY LEAGUE OF CORPUS CHRISTI, TEXAS a / �: y • F O \ a � F Ica v if a _ tl0 P k FAA - � - _ �. .� . • .: r - � - - tea. ' - / JASON LUBY DR. BILL TIPTON EDUARDO DE ASEB RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOR OING ORDI FINALLY ON THIS THEDAY 0 JASON LUBY DR. BILL TIPTON EDUARDO DE ASEB RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, Till ATTEST: V� ARY AVPVED: DAY OF '91: 1 �C. ASS ITY ATTORNEY D PASSED LOWING VOTE: I9a 2 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIR T TO ITS SECOND READING ON THIS THE _.a- DAY OF 71ME AND PASSED FOLLOWING VOTE: __�Q 19 Ly�� BY THE JASON LUBY >. BILL TIPTON EDUARDO DE ASEB RUTH GILL BOB GULLEY GAGE LOZANO, SR, EDWARD L. SAMPLE _�' THAT THE FOREGOING ORDI A C WAS RE D THE SEC ND TO ITS THIRD READING ON THIS THE/ OF TIME AN PASSED FOLLOWING VOTE: �9� BY THE JASON LUBY DR. BILL TIPTON EDUARDO DE ASEB RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOR OING ORDI FINALLY ON THIS THEDAY 0 JASON LUBY DR. BILL TIPTON EDUARDO DE ASEB RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, Till ATTEST: V� ARY AVPVED: DAY OF '91: 1 �C. ASS ITY ATTORNEY D PASSED LOWING VOTE: I9a 2 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lea: County of Nueces. 1 Before me, the undersigned, a Notary Public, this day personally 3.StbiUM ... C.... _Vel.gmquez ...... .......... __ -, who being first duly sworn, according to law, says that he is the Accounting.. ........ _ .... _ ....... _ ..... _ ... _ ................ 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 Legal -s- ,••,NOTICE OF ...PASSAGE ON FIRST READING OF AN ORDINANCE: AUT:iORIZING A LEASE _.. - — ......._..._ ___._._.�_...-_.._..... -- - - AGREEMENT.--..-ES-- TABLI SRITfG•� MAIqT=NG A of which the annexed is a true copy, was published in C_a11e r T. imtw 8.__.. ......._........__......R .B.G.RK T I O AL AREA. on the-16..__ day of ...... _ ..... .... ........ ]. ............. Times. $..._...- 16-- 3+- ••.- -• - - -- ..- .......................Al�"a'- .._ ._- iowena C. gez Accountng Subscribed and sworn to before me this.......... 19--day of. .... . ....... T?AM ........... ___ ........ 19.. Eugenia S. Cortez_...._.._- .-._ Not Publf Nueces County, NOTICE OFPASSAGE ON FIRST READING OF AN OR- DINANCE: IAUTHORIZING AND DIRECT -; ING THE CITY MANAGER T01 EXECUTE A LEASE AGREE- ` MENT W ITH THE CONTINEW TAL PONY LEAGUE FOR T14E P1IBPQW OF _ E$TAB- f L13}jlNf AND M111iTAI KING A R REATIONAL AREA IN OUTH TERM OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS AT- TACHED TO THE ORDI- NANCE AND MADE A PART THEREOF ON FILE IN TH6 OFFICE OF THE CITI SEC - RETARY, MARKED EXHIBIT "A "; PROVIDING FOR PUB- LICATION, ASP ASSED on first reading, by tha CNY Coundl of 11411 City of Corpus CMI6tI, Texas, durin0!! the Re'= Connell Z21 Mld on Msreh 10, 1976 at 2: p.m., end %Ides that 11 shall e an take eRM from and after 1f6 Inq aid anti cation. final read - ISSUED UNOER MY HAND AND SEAL of the City of C.P. Chrlstl, Texas, this 12th day of March, 4976. 13tBIH G. Rand BILLO. READ City SKretary City of Corpus Christi, To x116 (SEAL) / F " PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came........_.__..__........ 20.wena who being first duly sworn, according to law, says that he is the Accounting_- ____ -_ .. ................ . ..... . —.— . .. . ...... 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 PASSAGE ON 2T\M READING OF AN ORDINANCE: A1,1THORIZING AND DIREC TING ... THE CONTINENTAL PONY LEAGUE OR THE... of which the annexed is a true copy, was published in ...._._........0 on the�D-- day of .......... March 19..36=A==xxe1x — "ZOAMME&M ...... . .................................... ... . . . ........ limes. ....... $_.....1 5.2-0 ............... .. . R . owe - .. n . a .. ...... vW W� Subscribed and sworn to before me this-....2.9 ......... day of 11'qrPh ......... . .. . ......... 19_7A Eugenia S. Cortez ........ County, Texas V NOTICE OF PASSAGE ON 2NO 1 READING OF AN ORDI•j IHANCE: °°'° "Wale" LI RE FULLY SET FORTH i IE LEASE AGREE• j A IUBSTANTIAL, - ChrMl, Texas, thIs Mh.I Math, 1916. (6) BIII G. BILL G. READ, City Sea City M Corpus Christi f ISeAU�