HomeMy WebLinkAbout13817 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.
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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