HomeMy WebLinkAbout15098 ORD - 09/05/1979jkh:7-2-79;lst
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A LEASE AGREEMENT WITH THE OSO LITTLE -SENIOR LEAGUE,
LEASING TO SAID OSO LITTLE -SENIOR LEAGUE A 16 -ACRE TRACT
OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING
A LITTLE -SENIOR LEAGUE BASEBALL PROGRAM, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF
WHICH 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
and directed to execute a lease agreement with the Oso Little -Senior League,
leasing to the said Oso Little -Senior League,for a period of five years,
a 16 -acre tract of land in South Guth Park for the purpose of establishing
and maintaining a Little -Senior League baseball program, all as is more
fully set forth in the agreement, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A".
•15098
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES f
This Agreement made and entered into this the day of
, 1979, by and between the City of Corpus Christi, Texas,
a municipal corporation, hereinafter called "City", and the Oso Little -
Senior League, Corpus Christi, Texas, hereinafter called "Lessee",
W ITNESSET H:
That the City of Corpus Christi, for and in consideratin of the sum
of One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, does by these presents
lease and demise unto the said Lessee, the following piece or parcel of
land located in Nueces County, Texas, being more particularly described
as follows:
Being an irregular tract of land out of Lots 7 and 8,
Section 17, Flour Bluff and Encinal Farm and Garden
Tracts as shown by map of record in Volume A, pages 41,
42 and 43, Nueces County Map Records;
Beginning at a 1" iron pipe in the southeast right of way
line of Nile Drive, said point being S. 60° 58' 50" E.,
60.0 feet and N. 29° 01' 10" E., 146.48 feet from the
southwest corner of Lot 8, Section 17, Flour Bluff and
Encinal Farm and Garden Tracts;
Thence N. 29° 01' 10" E., with said southwest right of
way line of Nile Drive, a distance of 478.0 feet to a
3/4" iron pipe for a corner of the tract herein described;
Thence in a northeasterly and easterly direction with the
arc of a curve to the right,whose central angle is 90° 00'
and whose radius is 246.5 feet, a distance of 387.17 feet
to a point;
Thence S. 60° 59' 50" E., a distance of 18.92 feet to a
point;
Thence in a southeasterly direction with the arc of a
curve to the right, whose central angle is 42° 17' 17"
and whose radius is 533.0 feet, a distance of 429.9
feet to a point in the west right.of way line of Ennis
Joslin Road;
Thence S. 18° 50' 30" E., with the west right of way line
of Ennis Joslin Road a distance of 628.08 feet,more or
less,to a point;
Thence in a westerly direction N. 69° 16' 10" E., a
distance of 415.16 feet, more or less, to a point;
Thence in a northwesterly direction S. 60° 58' 50" E.,
a distance of 740.92 feet, more or less, to a point,
in a line that is parallel to and 435 feet southeast
of the southeast right of way line of Nile Drive;
Thence N. 29° 01' 10" E., a distance of 146.48 feet,
more or less, parallel to the southeast right of way
line of Nile Drive to a point;
Thence N. 60° 58' 50" W., a distance of 375.0 feet to the
place of beginning.
Containing 16 acres of land, more or less.
The term of this lease shall be five (5) years beginning July 22,
1979, and ending July 21, 1984, and subject to the following covenants and
conditions:
1. Lessee does by these presents and by entering upon the land
agree to maintain the land and premises throughout the year 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 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 that the Park and Recreation Board of the
City shall have joint use of the property during the term hereof, subject
to the right of the Lessee to have exclusive control during Oso Little -Senior
League programs. 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 -Senior
League purposes. Lessee further agrees that the City may use said land when
needed by the City or needed to be crossed by the City by the installation
of utility or effluent easements and/or lines without compensation to Lessee
for such easements or damage for installation, maintenance, removal or repair
of said utility or effluent lines, providing the City exercises reasonable
judgment in the location of said easements and lines and locates said lines
at points other than where improvements 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 recre-
ational area for the benefit of the public with primary use being the
aforesaid League program and for no other purpose without prior written
consent of the Park and Recreation Department.
4. Lessee does hereby agree to pay for all utilities used by it
on the said premises or used by any other activity sponsored by Lessee of
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 the City for the
maintenance of the said premises.
6. Lessee does hereby agree to promptly execute and fulfill all
of the ordinances of the City pertaining to health and sanitation, and to
execute and fulfill all ordinances, 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 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 own 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. Lessee further agrees to use a portion of said tract for parking
purposes. Lessee shall be responsible for maintenance and construction of
dust -free parking areas and maintaining suitable entrance and exit roads,
properly designated, in accordance with standards set out by the Director
of Parks and Recreation.
10. It is agreed that either party may terminate this agreement
at any time during the life of this instrument provided that six months
notice of such termination is given.
11. It shall be the responsibility of the Lessee to maintain a
current list of its officers on file with the Park and Recreation Department.
-3-
12. This contract contains all the provisions agreed upon by the
parties hereto and displaces all previous verbal or oral agreements.
ATTEST:
City Secretary
APPROVED:
0 DAY OF JULY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
Director of Finance
CITY OF CORPUS CHRISTI, TEXAS
By
R. Marvin Townsend, City Manager
OSO LITTLE -SENIOR LEAGUE,
ATTEST: CORPUS CHRISTI, TEXAS
By
That the foregoing ordinance was read for
second reading on this the day of
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for the
third reading on this the 11 day of C�
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
first time land passed to its
a
by the
That the foregoing ord
on this the _$ day
second time and
, 19�
assed to its
, by the
CLI
nuLA9_.)
�s r ad for the third time and passed finally
p�� , 19 ' , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the day of
ATTEST:
elail
CiS ecce aC�ry i MAY
APPROVED:
_2. DAY OF , 1971:
J. BRUCE AYCO K, CI ATTORNEY
By �� W
Assistant Cit
rney
15098
HE 'Y OF CORPUS CHRISTI, TEXAS
l77t.�i UL , 19_.
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That the foregoing ordinance was read for , first time andpassed assed to its
second reading on this the day of / , 19 7q , by the
following vote: / /
it _
I_,:
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r
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for the second time and,passed to its
third reading on this the 1 day of C\0_ , 19 flLf , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ord
on this the -' day
Cu
Cut
c JL)
s r -ad for the third time and passed finally
, 19 / , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the day of
ATTEST:
1
imr
/Cecre at ry MAY
APPROVED:
;75 DAY OF
J. BRUCE AYCO
, 197y :
ATTORNEY
15098
jrP
HE " Y OF CORPUS CHRISTI, TEXAS
, 19 7
PUBLISHER'S AFFIDAVIT \
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
Elma Rodela who Being first duly sworn, according to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times,
Rally Newspapers published at Corpus Christi, Texas, in raid County and State, and that the publication of
Public Notice N9tie.e...1...9...horgly .gisten..thathe..C4y
of which the annexed is a true copy, v.,es published in Corpus Chr is Saller-Times
on the._.16til day of July
cousecutiv-
1979 , and once eacb xh-iiizmzBoaa
1. Times.
08.90
Elma Rodela
Accounting Clerk
Subscribed and sworn to before me this 20th day a. luly 19 ..7.9.--
44) LAIC:ze-,)
Notary bhc, Nueces County, Texas
Lois Winn
PUBLIC NOTICE
Notice Is hereby given that
the qty Council of the City of,
Corpus Chnsti has; ap the 11th
day of July, 1979, approved on
second reading, previously ap-
proved on first reading on the
3rd day of July, 1979, an ordi-
nance authorizing the City Man-
ager to execute a lease agree-
ment
greement with the Oso LIRIeSenlor
League, for a period of five
years, leasing to said Oso Little-
Senior
ittleSenior league a 16 -acre tract of
land in South Guth Park for 1
purpose of conducting a little-
senior
ittlesenior league baseball pr
gram.The full text of said ordi-
nance is available to the pubh
in the Office of the City Secre-
tary.
WITNESS my hand the 12th
day of July, 1979.
-s-Bill G. Read,
City Secretary
Corpus Christi,
Texas
'n -7;:1 •
z
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. 1
Before me, the undersigned, a_Notary Public, th:s day personally came
Elma Rodela , who being first duly sworn, according to Iaw, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, •
IS ily Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of .
'Public Notice Notice is hereby given that the. City "Council of the City of Corpus.....
.of which the annexed is a true copy, was published in Corpus Christi Caller -Times
1
on the 9th. day of July 19 79 , and -once each XSiaZaTaBallii
consecutive
1 Times
$_16.80
Elma Rodela
Accounting Clerk
Subscribed and sworn to before me this 11th day of July 19 79
Lois Winn
Notary Public, Nueces County, Texas
Y PUS BLE 71
p Notice is hereby giventhat
the.City Council of the City ofI
Corpus 'Christi, has, on the3rd
on
day of Jury, 1979,appro
first reading,.an ordinance au-
thorizing the City Manager tb
execute a lease agreement with
the Oso Llttle-Senior League,
1for a period of five years, leas-
ing to said Oso Little -Senior
League a 16 -acre tract of land In
South Guth Park for the pur-
pose of conducting a little -senior
league baseball program. The
full text of the ordinance Is
available to the public In the Of-
fice of the City Secretary.
WITNESS my hand this 5th;
day of July, 1979.3 -Bill G. Read
City Secretary
Corpus Christi,
Tepas
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