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Home My WebLink About15099 ORD - 09/05/1979AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE, LEASING TO SAID CENTRAL PARK LITTLE LEAGUE A 4.10 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCT- ING A LITTLE 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 Central Park Little League, leasing to the said Central Park Little League for a period of five years, a 4.10 -acre tract of land in Price Park for the purpose of establishing and maintaining a Little 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", said tract being more fully described as follows: Being a 4.10 -acre tract of land, more or less, having as its boundaries Lamont Street on the southwest side, the northwest property line of Price Park, the southwest line of the Southside Pony League lease and the north- west line of the Price Park parking lot and the north- west line of the Southside Little League Lease. Containing 4.10 acres of land, more or less. 000001 co \sao 15033 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 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 Central Park Little League, Corpus Christi, Texas, hereinafter called "Lessee", WITNESSETH: That the City of Corpus Christi, for and in consideration 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 a 4.10 -acre tract of land, more or less, having as its boundaries Lamont Street on the southwest side, the northwest property line of Price Park, the south- west line of the Southside Pony League lease and north- west line of the Price Park parking lot and the northwest line of the Southside Little League lease. Containing 4.10 acres of land, more or less. The term of this lease shall be five (5) years, commencing , 1979, 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 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. 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 afore- said Little 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 on 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, preven- 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 -2- 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, 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. 12. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF JULY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance CENTRAL PARK LITTLE LEAGUE OF ATTEST: CORPUS CHRISTI, TEXAS Secretary That the foregoing ordinance was read for t second reading on this the' 5 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 second time and passed to its third reading on this the 11 day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky first time and passed to its , 19 79 , by the That the foregoing ordi on this the day o , 19 179 , by the was � ead,// �f�or the third time and passed finally ,/ .l.�1LGl,[A.. , 197 , 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: y Secre ary APPROVED: 3 DAY OF J. BRUCE AYCO , 1977: Y ATTORNEY By Assistant City, /rney /(4r THE TY OF CORPUS CHRISTI, TEXAS MAYO 15099 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, .ss: County of Nueces. 1 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 Accountin„ Clerk of the Corpus Christi Caller and The Corpus Christi Time„ Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication oo Public Notice Notige-_-g 1..of..- the .City Caller. -Times Christi of which the annexed is a true cagy, was published in Cornus on the -16th day of July 19 79 , and once each consecutive ], Times. Elma Rodela ` 0..., •.,• - �i 16.80 -' "-" --"— �— '— Accounting Clerk Subscribed and sworn to before me this 20th. _day of".".3aby 19••--79.� ._-- Lois Winn (A-144,1 Notary P lic, Nueces County, Texas PUBLIC NOTICE ' Notice Is hereby given that City Council of the Gty of Corpus ChrIz4i, has, on 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 With the Central Park Little League, for a period .of I five years, a 4.10 acre tract of land in Price Park for the pur- pose of conducting a tittle league baseball program. The full text of this ordinance. is available to the public in the Of- fice of the City Secretary. WITNESS my hand this 12th day of July, 1979. s-3111 G. Read, City Secretary Corpus Christi, Texas r PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: 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 Cirpu Christi Caller and The Corpus Christi Times, :Airily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Public Notice Notice is hereby given that eFi City CouhOYl,of the City of Corpus/...... r-Timesl ti Ca i Chrsle .of which the annexed is a true copy, was published in Cornus � l on the._9th_ day of July 19 79., and -once each 7�'aur 'a DoE consecutive 1 Times. Elma Rodela\, X5'40 Accounting Cler Subscribed and sworn to before me this llth ' day of July 19 79 Notary Public, Nueces County, Texas Lois Winn PUe Notice hNU; ay ce is Nehy',alIven s the City Council of the City ,the Christi has, on the oc ,Iday of Jury, 1979 approveor. first reading, au- thorizing -the City_Manager to execute a lease agreement with the Central Park Lithe League, for re host of laof five nd In Pricers. ara16 for the purpose of conductinga little league baseball prografi. The full text of thisordlnance;is available to the public in the Of - five of the City Secretary. WITNESS my hand this 51h day of July, 1979. •s- Bill G. Read City Secretary Corpus Christi, rr e • h. - - _ -% 7- *7- • „ • , :77774'7. - • - '774' „ . . 1 tl ertl 4i 14) tS %43 Sos 414;114061776 *.**. ."5.•