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Home My WebLink About13817 ORD - 07/06/1977jkh:5- 31 -77; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR A FIVE -YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZED BY ORDINANCE NO. 10174, CONCERNING A TRACT OF APPROXIMATELY THREE AND ONE -HALF ACRES OF LAND IN BOTSFORD PARK, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL 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, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized to execute, for and on behalf of the City of Corpus Christi, a lease agree- ment with the American Little League, for a five -year extension of the current lease agreement authorized by Ordinance No. 10174, leasing to the said American Little League a tract of land consisting of approximately three and one -half acres of land in Botsford Park for the purpose of establishing and maintaining a recreational area, a copy of which agreement is attached hereto, marked Exhibit "A ", and made a part hereof. a 13817 MICROFILMED JUL 0 71800 LEASE AGREEMENT THE STATE OF TEXAS ) COUNTY OF NUECES ) This Agreement made and entered into this the day of 1977, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City ", and American 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 following described premises, to -wit: A tract of land 310 feet in width and 510 feet in length, being a portion of the area.Zesignated as "Park" in the Botsford Place Unit 2 of Record in Vol. 16, page 47, Map Records of Nueces County, Texas, also a portion of Lots 5; 6, 7, and 8, Block A and Lots 5 and 8, Block B, Lexington Place Subdivision, of record in Vol. 9, page-7, Map Records of Nueces County, Texas, more particularly des- cribed by metes and bounds as follows: Beginning at a point in the North boundary line of said Lexington Place, said point bears S. 610 -30' E. 196.54 feet from the most northerly corner of said Lexington Place Subdivision; Thence N. 610 -31' W. with the north boundary line of said Lex- ington Place Subdivision and the north boundary line of said Bots- ford Place, a distance of 290 feet to a point; Thence along the arc of a circular curve to the left having a radius of 20 feet and a central angle of 890 -331, a distance of 31.26 feet to a point; Thence S. 290 -00' 30" W. with the east boundary line of Hamlett Street, a distance of 490 feet to a point; Thence S. 610 -30' E., a distance of 310 feet to a point; Thence N. 290 -30' E. parallel to and 310 feet east of the east boundary line of Hamlett Street, a distance of 510 feet to the place of beginning, for the term of five (5) years, said lease beginning on the 8th day of July, 1977, and ending five (5) years from that date, subject to the following condi- tions and covenants: - - - - � 1: The American Little League hereby and by these presents agrees to accept said premises as completed, to maintain said premises as 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. ZXW 12� 2. No additions or alterations shall be made to the premises without the consent of the Park and Recreation Department in writing; and, if for any reason this lease is cancelled or expires, the American Little League shall have the right to move all facilities installed by the League except pipe lines install- ed on, in or under the land. 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 season. The City may use any of the land as a utility line easement without com- pensation to Lessee for use of such easement or damage for installation, mainten- ance, removal or repair of lines in such easement. 3. It is the intention of the American 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 Director of Parks and Recreation Department of the City of Corpus Christi, Texas, for the operation of the leased 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 require- ments imposed by the Board of Health, Sanitation, 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.• Lessee shall employ a person for the primary purpose of maintaining the premises, specifically to assure that the premises are free and clear of all litter and debris at all times. The Lessee shall, in this regard, also prevent the movement of litter from the leased area onto adjacent private property. 8. 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. 9. It shall be the responsibility of the Lessee to maintain a current list of its officers on file with the Department of Parks and Recreation. 10. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. -2- �r WITNESSETH the hands of the parties hereto this the day of , 1977. ATTEST: CITY OF CORPUS CHRISTI APPROVED: DAY OF 21977: J. BRUCE AYCOCK, CITY ATTORNEY Assistant-City Attorney BY ' R. ruin oinsen City Manager AMERICAN LITTLE LEAGUE ATTEST: BY President Secretary That the foregoing ordinance was read for ti first time and passed to its second reading on this the__day of 19�_, by the following vote: Jason Luby Eduardo de Ases David Diaz *AA I'.,' Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordinanc w s read for a second time and passed to its third reading on this the day of 19V , by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the for oin3 ordinan as read for the third time and passed finally on this the_�day of by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample PASSED AND APPROVED, this the (o day of 19%% —A , ATTEST: C ty Secretary AP RO DAY OF , 1971. J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City)Wttibrney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS,Y - County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came ... ............................... - G _,_lori&__ Lop92 ..... .. ............................. who being first duly sworn, according to law, says that he is the &g_ P— Q. gnUrz ....................... ............................... 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 ..... I.F,U S- «..M- MCE...IS..�IERl$�'_GS1 'ZI.../�? 81GAZT I112"�IrE- °LEAGUE - _FOR_.? FIVE�YEAR._ . of which the annexed is a true copy, was published in .......... .............................. .-- ............ -_.. on the. -q.... day of... .dam .ne .......................... 19 -.7.7„ aAti:] Oti =az& .................. ........ co%ffiP't! ......... . .............. ........ .. ..................... ................ 2 ............. Times. $.. 18...2.7 ...................._Ci .._........... ............... - - Gloria Lopez Accounting me this ........$ ........... day of...... J une .... ............................... 19. ..... U.- Subscribed an sworn to beSaridoval'rt^ _.......... ....�^..!`!.:�_.1.. _ ......... . ------- - ---- ..__.................. _. i Notary Public, Nueces County, Texas d kl uee., June 7, 1977 'T' PUBLIC NOTICE 7 Notice Is hereby given that the Clty- CcuncH-of-tWCity-af -, Corpus Christi has, on the 1st day of June, 1977 approved an first reading an ordinance au- thorizing the City Manager to ,execute a lease agreement With the American Little Leaguefar a five -year extension of the cur. rent'lease agreement author - tzed by Ordinance, No. 10174 concerning a tract at approx- Imatley three and one -half acres of land In Botsford Park, recorded In Volumes 16, page 47, and Volume 9, page 7, Nueces.County Plat Redords, for the purpose of establishing and maintaining a recreational area, a copy of which lease Is an file in the Office of the Ciry Sec ratary. Witness my hand this 3rd day of June, 1977. -5.13 10. Read Bill G. Read, PUBLISHER'S AFFIDAVIT STATE OF TEXAS, �es: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ..................... ........... Glos is ..Lopaz-- --------- -- ------ - --- -- -- ---- -- -- --- -- - --- who being first duly sworn, according to law, says that he is the Aac. ount.ing .............................. ...................... ....... .. 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 64- LEGAL-1 - .SIDLTIC:E__.SS... NEE? E$ Y._ GY- VEN--.. AhIFZ. T._C.ADJ-_.LZA'.`i._L_.Fi.__l E4GTTE -, FOR._A-- -FIVE YEAR.... of which the annexed is a true copy, was published in .......... .. ..t±a.11exr Lill]1 3. 5. ._- ..- ........._......... - - - - -- - ..._ on the._I.)}._ day of. _ ..- j%ae ........................ a4t1x413f�. 7 ..................:........ t�ae> �eftea�cir .....................__... AWR-8e Rk Ve.------------------------ ---- --- -- ---------------- - - - --- ...............1-----..._. ....Times. _ ��Tpry. GloriaLopez - ...... ........ .................. ....... Subscribed and sworn to before me this 20 da ............ Accounting y of_- .._ June ................. ............ 19...77.... R. Sandoval Notary Public, Nueces County, Texas PUBLIC NOTI I en that Notice is herebY 9 ,he City !has,- monn-the 81h day of June 1977 approved on euthalzing the Clty Manager to ezeate a leesa agreement with the American Little - 9ee far a fiveyear ezimsbIt ryle cur• rent lease agreement author• Ized by Ordinance No. 19174, ......rcnIn. a tract of approz: ly Plat Records tar;ne ne of eseal lmlnt dainln9 In accordance with the Is, conditions and pro• res as Drovided In the ardi• e which was read for the lme on the 1st day of June. a capY of which lease Is on In the Office aF the Clty Sec• I y. mY hmtd this 8th day um, 1917. slll G. Reed Bill G Read, City Secretary city of Corpus rl Christi, Texas 14