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HomeMy WebLinkAbout14046 ORD - 11/23/1977• JKH:hb:10 /17/77• . • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE NATIONAL LITTLE LEAGUE FOR A PERIOD OF FIVE YEARS, LEASING TO SAID NATIONAL LITTLE LEAGUE A 4.35 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A 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 and directed to execute a lease agreement with the National Little League, commencing on November 22, 1977 and ending five years from said date, a 4.35 -acre tract of land in South Guth Park for the purpose of establishing and maintaining a Little League program, all as is more fully set forth in the agreement, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 44046 MICRCEI -MED All 0 71980 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This AGREEMENT made and entered into this the day of , A.D., 1977, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City," and the National Little League, Corpus Christi, Texas, hereinafter called "Lessee," W I T N E S S E T H : That the City of Corpus Christi, for and in consideration of the sum of One Dollar ($1.00), and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does by these presents lease and demise unto Lessee, the following piece or parcel of land located in Nueces County, Texas, being more particularly described as follows, to -wit: Being a 4.349 acre tract of land out of Lots Six (6), Seven (7), Twenty (20), and Twenty -one (21), Section Seventeen (17), Flour Bluff and Encinal Farm and Gorden Tracts as shown by map of record in Volume A, pages 41, 42, and 43, map records, Nueces County, Texas, said 4.349 acre tract being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the most southerly corner of the Continental Pony League Lease Tract; thence S. 600 45' 10" E., a distance of 700.0 feet to a point, the most westerly and beginning corner of the tract herein described; Thence N. 330 18' 50" E., a distance of 445.76 feet to a point; Thence N. 760 36' 40" E., a distance of 66.21 feet to a point in the southwest right -of -way line of Ennis Joslin Road; for the most northerly corner of this tract; Thence in a southeasterly direction with the south- west right -of -way line of said Ennis Joslin Road and with the arc of a curve to the left whose central angle is 30 46' 50 ", and whose radius is 5769.58 feet, an arc distance of 380.70 feet to a point, the P.T. of said curve for a corner of this tract; Thence S. 280 01' 30" E., still with the southwest right -of -way line of said Ennis Joslin Road, a distance of 261.25 feet to a point for the most easterly corner of this tract; Thence S. 510 15' 20" W., a distance of 142.38 feet to a point for the most southerly corner of this tract; Thence N. 600 45' 10" W., a distance of 560.00 feet to the point of beginning. Containing 4.349 acres of land more or less, for the term of five (5) years, said lease beginning on the 22nd day of November, 1977 and ending five (5) years from that date, subject to the following conditions and covenants: 1. The National Little League hereby and by these presents 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 Park and Recreation Department 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. 3. 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 compensating Lessee for use of such easement or damage for installation, maintenance, removal or repair of lines in such easement. 4. Lessee does by these presents and by its entry upon the land agree to use said premises for the establishment and maintenance of a recreational area for the benefit of the public with primary use being the aforesaid Little League program and for no other purpose without the prior written consent of the City. 5. 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. 6. Lessee agrees to conform to all rules set out by the City Manager and /or Park and Recreation Director of the City of Corpus Christi, Texas, for the operation of the leased premises, or maintenance of said premises. -2- 0 1'. . I . 0 7. 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 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. 8. Lessee further agrees to use the Southeast portion of said tract for parking purposes as indicated on the attached map, marked Ex- hibit 2, incorporated herein by reference and made a part hereof. Lessee shall be responsible for maintenance and construction of parking area, maintaining suitable entrance and exit roads, properly designated, in accordance with standards set out by the Director of Park and Recreation. 9. Lessee does hereby agree that the City shall not be respon- sible 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 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. 10. It shall be the responsiblity of the Lessee to maintain a current list of its officers on file with the Department of Park and Recreation. 11. This lease is subject to all of the ordinances of the City with respect to leases upon public property. WITNESSETH the hands of the parties hereto this the day of , 1977. ATTEST: City Secretary APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance -3- CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager ATTEST: NATIONAL LITTLE LEAGUE OF CORPUS CHRISTI, TEXAS By. 1 i 1 . I I 1p-j �6 lrs1t , C' r r.P r EAl o/ T e-1 11 r. G a`.ylge• OfC /d6 co .C.• 4 /no�• i.. d d, g'ot•sd" k+67G7 S9' 4 �•dI gn•6 —T� i } s . alt no° '• / � 3 • Pdy ,Laoys,� Lassa+ anD oddrd fo Thrd I • .. � f• • `4 � / oSO LITTLE / LEAGUE 0S0 - N.qT /oNALi�Q /OoNY L 64GUE I k ,� ct - r�sc / •j oAO i ARK ` .o� BALL, AND } i. _EAGUE ' SCALE: F-100' NuvtlVIgER7,lr72 ... ., t n.rn rArinN DF7Y. City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: This ordinance is in effect and RpDAY OFJ� , 19 77 force with or without the J. BRUCE AYCOCK, CITY ATTORNEY signature of the Mayor, in accordance with Article II Section 6 of the City Charter. By Assistant Ci } ttorney 1.4®46 That the foregoing ordinance wal read for a irst time and passed to its second reading on this the IgA -day of�, 197-7 by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordinanc / s read fo third reading on this the �ro day of h second time a d passed to its 19 by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordi a was sad for the third tim and passed finally on this the�day of 197, 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 3.j day of 19i;L_. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: This ordinance is in effect and RpDAY OFJ� , 19 77 force with or without the J. BRUCE AYCOCK, CITY ATTORNEY signature of the Mayor, in accordance with Article II Section 6 of the City Charter. By Assistant Ci } ttorney 1.4®46 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came......__.._..._._ _— who being first duly sworn, according to law, says that he is the _ac . ........... . of the Corpus Christi Caller and The Corpus Christi Thnes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGALS -_!,. EUBII.Q.AQ sm I.TTTT,F, MTS, KICKBALL FOR A PERIOD OF 5 YEARS,...., of which the annexed is a true copy, was published in _._ Ca 11 Rr_- T i me s on the.J-I- day 19.27.. 15.75 Subscribed and sworn to before me this ........ . ... 4 da ovemb y - - -------- - --- .... ...... 19-2-7— Eugenia S. Cortez (IV , C e-61 b-lic, Nueces County, Teals PUBLIC NUi+CE NO1ka Is hereby given That the City Council Of Ihe,CMy, Of CCe"'u Christi has, On the 1atfM I I October, 1977, appmved an se0ond r®ding an ardtnand. auMmrlxfng the City Manager t "scull a lease agreement With fine National Little League fer e petted Of five !mars, leasing to �4 Old 3iam tract of and In a South Guth Park fa fie du pw of COnducdng a Uttle League fro• gram. First reading cl the ardib Amts Was approved On Ot fober 19 1977. The full text of this Ord,- norim is available to the pub11C In the OM. of the City Sege• tarv. WITNESS my hand this Dth day of October, M77. 6,BJUt. Rib eay se retzi . ' Carpus Christi, Tom _ _ rY PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came........__. who being first duly sworn, according to law, says that he Is the of the Corpus Christi Caller and The Corpus Christi Times, Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of AGREEMENT WITH THE NATIONAL LITTL: LEAGUE FCR A PERIOD OF FIVE YEAI--S,.... of which the annexed is a true copy, was published in on the -2 day of...—Utober ... . ...... 19-77- axdxmwuw& ...... Times. -Gloria Garza Accounting Subscribed and sworn to before me this.......... 2/& day o .................... 19 ... ;q— Eugenia S. Cortez_.._. .-- . - � �,- -!E�- 401y.,- Not Pub ;c Ru eces County, Tex—as PUBLIC NOTICE NeFlgl Is hereby given that the City Council of the City of Copus Christi, has on the 19th day at October, 1977, approved on first readl an ordinance authorizing the City Managar b execute a lease agreement with 'the National Lmie league for a period of five years, leasing to ! said National Little League a,� 4M-acre tract of land In South Guth Park for the purpose of conducting a Little Leagure Program. The full text of this ortgnal oo Is available to the ! public In the office of the City Sevetary. . V ilness my hand this 29th day of October, 1977. s -BIII G. Read, . City Secretary 7 Corpus Christi, Toms