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Home My WebLink About14418 ORD - 08/09/1978jkh:7- 5- 78;lst AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE MISSES KICKBALL LEAGUE, LEASING TO THE SAID PADRE LITTLE MISSES KICK- BALL LEAGUE 5.6 ACRES OF LAND LOCATED ON THE NORTHMOST CORNER OF LA COSTA DRIVE AND FIRE CREEK DRIVE, OWNED BY THE CITY, FOR THE PURPOSES OF ESTABLISHING AND MAINTAIN- ING A PUBLIC RECREATIONAL AREA, A SUBSTANTIAL COPY OF WHICH AGREEMENT 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 r and directed to execute a lease agreement with the Padre Little Misses Kickball League, leasing to the said Padre Little Misses Kickball League , for a period of five years, commencing on 170and ending S- +t�1�� five years from said date, a 5.6 -acre tract of land located on the northmost corner of La Costa Drive and Fire Creek Drive, owned by the City, for the purpose of establishing and maintaining a public recreational area, all as more fully set forth in the agreement, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. VIICROFILMEO _UUL08 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Lease made and entered into on this the day of , A. D. 1978, by and between the CITY OF CORPUS CHRISTI, a municipal corporation, acting herein by and through its City Manager, hereinafter referred to as "CITY ", and the Padre LITTLE MISSES KICKBALL LEAGUE, a public non - profit organization chartered for the purpose of providing Kickball activities for girls, hereinafter referred to as "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 5.6 acres, more or less, out of Block 5, Lot 23, Country Club Estates, Unit 16, as recorded in Vol. 37, pages 140 & 141, Maps Records, Nueces County, Texas, and further described by metes and bounds as follows: Beginning at a point in the Northeast most corner of Block 5, Lot 23, Country Club Estates, Unit 16, with said point also being in the Southwest R.O.W. line of a drainage easement and with said point also being the North most corner of La Costa Dr. and Fire Creek Dr.; THENCE, South along a line bearing S. 286 53' 50" W. for a dis- tance of 324 feet to a point that is the P.C. of a curve; THENCE, in a South and Southwest direction with the arc of a curve to the right whose central angle is 900 00' and whose ra- dius is 10.0 feet with an arc distance of 15.71 feet to the P.T. of said curve; THENCE, West along a line bearing N. 610 06' 10" W for a distance of 740 feet to a point that is the West most corner of said tract being described; THENCE, North along a line bearing N. 280 53' 50" E. for a dis- tance of 334 feet to a point that is on the Southwest R.O.W. of the drainage easement; THENCE, East along a line bearing S. 610 06' 10" E. with said line being the Southwest R.O.W. line of the drainage easement for a distance of 750 feet to the point of beginning, Z Xlv /,q , The term of this lease shall be five (5) years, beginning on this the day of , 1978, and ending five (5) years from said date, subject to the following covenants and conditions: 1. Lessee does by these presents and by entering upon the land agrees to maintain the land and premises during the Padre Little Misses Kickball seasons extending over the term of this lease in a clean and sanitary condition, and at the expiration thereof to return said premises to the City in as good a condition as received, reasonable use, wear, acts of God, fire and flood damage and destruction excepted. 2. Lessee does by these presents and by entering upon the land agree that no additions or alterations shall be made to the premises without the consent of the Park and Recreation Department in writing. Lessee further agrees thatthe Park and Recreation Board of the City shall have joint use of the property during the term hereof, subject to the right of Lessee to have exclusive control during its use for kickball 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 kickball purposes. Lessee further agrees that City may use said land when needed by City or needed to be crossed by City by the installation of utility or effluent easements without compensation to Lessee for such easements or damage for installation, maintenance, removal or repair of said utility or effluent lines, provided the City exercises reasonable judgment in the location of said easements and lines and locates said lines at points other than where improve- ments are located whenever it is reasonably possible. 3. 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 Misses Kickball program and for no other purpose without the prior written con- sent of the Park and Recreation Department. 4. Lessee does hereby agree to pay for all utilities used by it on said premises or used by any other activity sponsored by Lessee at said premises. 5. Lessee hereby agrees to conform to all rules set out by the City Manager and /or the Park and Recreation Board of theCity for the maintenance of said 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, preven- k -2- tion 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. 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. 8. The City hereby agrees.that.Lessee may at the end of.the term of this lease remove at its expense any and all improvements placed on said premises by Lessee which are unattached to the land and which may be removed without damaging the land. 9. This lease is subject to all of the ordinances of the City with respect to leases upon public property. 10. Lessee further agrees to use a portion of said tract for parking pur- poses as indicated on the attached map, marked Exhibit A, 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 Parks and Re- creation. 11. It is agreed that the City may terminate this Agreement at any time during the life of this instrument when public necessity requires term- ination, provided that ninety (90) days notice of such termination is given to Lessee. 12. It shall be the responsibility of the Lessee to maintain a current list of its officers on file with the Department of Parks and Recrea= tion. 13. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. -3- "ot, •i. � 1i +s �. ��tt= � ZJ � J� /t'' /Ck •:t.;•:•.•:..:5' x" - p ,jt �� ` J�y � � .t/J ' �= U(�F( � ;Ie .`gas..,`° o BURN t•t �i� Is 1 Qlg sa — •9< "' � . , .,'J.f � ssr s /rol roos / � SCALE l" - 200; 28 07 OJ i, 17 •�W °' •, ,,•, C h,iae ":i,;la/14/ ;:+ „�..:_�.: "' + -t?:;, GP � $ +a /61G .09. ti •� ~ 4 "f ,'1 \v ='rr., + +';.r T.: ��*' ' �•R��;�l�\`,� }t �' � 'J �I 9:. 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S ^I �� :\ Scl,• /e 1 �. ° 028 7�• ...� j1 k T jos SG ” 2'. 2 22 �� !s ,� •ro .a � / C E gip'.:• ' -.�. •�. � �• /�ilii/�� -�6 ��yy CR�Fj, �` ,{ ::�• /iti`i: Id .i /.1)�./�J.1 \ •11 � .. \ 10 • /•H' /p_ y9_ 4 / �' q , ,^ 2i �(• f••ryJ6 n -I!y ' • - 7 ij t-A I Ll v1OR FIELD P-42- /.1,2 N G L. 0 T t -- - T -- V1 _ Q Q - - rv) CL 30 ! - 5 PACE 5 WITNESSETH the hands of the parties hereto this the day of 1978. ATTEST: PADRE LITTLE MISSES KICKBALL LEAGUE BY ATTEST: CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend APPROVED: City Manager DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance That the foregoing ordinance was read for first time and passed, to its second reading on this the S day of 19 ? , by the following vote: Gabe Lozano, Sr. Bob Gulley • David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance was read for the second time and passed to its third reading on this theme St day of 19 1_, by the following vote: Gabe Lozano, Sr. Bob Gulley David DiazEj Ruth Gill Joe Holt Tony Juarez, Jr. lilJ.l�J Edward L. Sample That the foreg ing ordinan as read f r the thir time and passed finally on this the�day of 19 by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the '?_day ATTEST: Ci ,ty Secretary APPR VED: S DAY OF &J V 1978 : J.-BRUCE AYCOCK, CITY ATTORNEY By �/s rt ant City Att rn y JE4418 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, �ss: I ' County of Nueces. Before me, the undersigned, a Notary Public, this day personally came .................................. ivina uli `a .. ..D .. ..............'........k . ':°:-- ......................... who being first duly sworn, according to law, says that heQis the ng ....................... ................... ............ 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 N. QTjQE..,LS ... IiEREBY.,GIVEN..T HAT - THE..CITY- COUNCIL OF THE CITY OF CC, APPROVED ON THE FIRST AETING... of which the annexed is a true copy, was published in .......CA.LLER...T..MES ........................................ on the._ 10— day of . ......... duLy .................... 19..-7.$., toac&mtaomewk. ...... _.._.............. XKetwffgWVWX .................. �.. XOMMfivt .......................... ..................... .......... ............. .1. ................. Times. 1$ ...... � 1.. - ...-4n}rl -- - --- -- Subscribed and sworn to before me this ...... - --- �. 1v i ay Pu i o A`c coi1n� rig` -• ......... day of......._Ju1X....- 19 ... ri Lois Winn - ..... /anti- .. -... ........... a Notary Public, Nueces County, Texas Y= Notice Is herc4y given dset e Clry Council of the City of WPM Christi hall, on the 5th y of July, 19'/a, approved on ,V st reading an ""inane au- xlzklg and directing the City l Onager to execute a lease reement with the Padre Little _ 'sses Kickball League, leasing }he said Padre Little Misses ckball League 56 acres of Id located on the northmost •ner of La Costa Drive and -e Creek Drive, owned by the y, for the purpose of estab- ling and maintaining a public xeatlonai area. The full text this ordinance Is available to public In the Office of y Secretary. , S, NITNESS my hand this 6th r of July, 1976. - BIII G. R-d. r PUBLISHER'S AFFIDAVIT I 't �kIj 6 ,, STATE OF TEXAS, ss County of Nueces. Before me, the undersigned, a Notary Public, this d-q ptrsonally came ... ............................... .A.a k a ...hzl i dQ .. ..... :............._ ........... 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 NOTICE IS HEREBY,. GIVEN THE CITY. - COUNCIL... -of which the annexed is a true copy, was published in __CALLER _TIMES . _ � y n on the._.LZ._ day of ._._.-- ,Julzv..._ .... _ ...... 197 ...yMf&U tali ........_....... - -_...... ?t}iBraE#ftwfW . .... _ .......... _ .... ........._....._..Times. _. ------ ....- D�vina Pulido Accountin ._ g Subscribed and sworn to before me this ...... 2. 1 ........ .. day �of. ........ _ L- J11. )t1}t_ .................... . .... 19..75-.._ Lois Winn __ Notary Public, Nuece/s County, Texas j i; UBL'jCDiOTICh Ndke {s hereby given the - fit, the City Chris d Once Qty _ Corpus CrlsN Ms, an 1M l4Mn day of July, 1978 approved sec9rtd readim previously cep- -3 ... proved on first reading the 5th day of July, 1978, an ordinance authorizlno and directing the as Klckball League, I"Slrg a Said Padre Little Misses bell League 56 acres d located on the northmost K of La Costa Drive and Creek Drive, owned by the for the purpose d estab- ig and maintaining a public , sational area. The full text Is ordinance Is available to wbik Is in the Office of the k Secretary.. ITNESS my hand this 13th of July, 1978. /s18111 G. Read, City Secretary Corpus Christi, Texas. ro