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Home My WebLink About15100 ORD - 09/05/1979jkh:5-29-79;lst a— AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH THE SOUTHSIDE PONY LEAGUE, LEASING TO SAID SOUTHSIDE PONY LEAGUE A 1.71 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM, 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 and directed to execute a lease agreement with the Southside Pony League, leasing to said Southside Pony League for a period of five years, a 1.71 -acre tract of land in Price Park for the purpose of establishing and maintaining a Pony League baseball program, all as is more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof, said tract being more particularly described as follows: Being a 1.71 -acre tract of land, more or less, being joined on the southeast by the city parking lot, on the northeast by the southwest property line of the tract of land being leased by the City to the Federal Aviation Administration, on the northwest by the north- west property line of Price Park, and on the southwest by the northeast property line of the tract of land being leased by the City to the Central Park Little League. 15100 LEASE AGREEMENT THE STATE OF TEXAS ) COUNTY OF NIECES ) This AGREEMENT made and entered into this the day of A.D., 1979, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corpor- ation, hereinafter called "City", and the Southside Pony League, Corpus Christi, Texas, hereinafter called "Lessee", WITNESSETH: That the City of Corpus Christi, for and in consideration of the sum of One ($1.00) Dollar, and other good and valuable considerations, the receipt 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, to -wit: Being a 1.71 acre tract of land, more or less, being joined on the southeast by the city parking lot, on the northeast by the southwest property line of the tract of land being leased by the City to the Federal Aviation Administration, on the northwest by the northwest property line of Price Park, and on the southwest by the northeast property line of the tract of land being leased by the City to the Central Park Little League. Containing 1,71 acres of land more or less. The term of this lease shall be five (5) years beginning on this the day of , 1979, and ending five (5) years from_said date, 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 Pony League purposes. Lessee shall not deny access and use of lot the park to the general public during the hours when the park is not in use for Pony League purposes. Lessee further agrees that the City may use said land when needed by City or needed to be crossed by City by the installation of utility or effluent lines and/or 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 judg- ment in the location of said easements and lines, and locates that line 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 recreational area for the benefit of the public with primary use being the aforesaid Pony 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 Board of the City 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 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 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 Park and Recreation. 10. It is agreed that either party may terminate this Agreement at any time 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 Department of Park and Recreation. 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 , 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance ATTEST: SOUTHSIDE PONY LEAGUE OF CORPUS CHRISTI, TEXAS That the foregoing ordinance was read for second reading on this the ,3_0 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 third reading on this the to 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 7/ , by the e second time and passed to its , 19 717 , by the That the foregoing ordi was rea. for the third time and passed finally on this the day o � i , 19'7 , 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: zei 9d Ci Secretary APPROVED: 81DM DAY OF cud , 1979 : J. BRUCE AYCOCK, CITY ATTORNEY MA 15i00 , 19 /q . THE Y OF CORPUS CHRISTI, TEXAS 41, STATE OF TEXAS, �i `OCounty of Nueces. Before me, the undersigned, a Notary Public, this day personally came - n Elma Rodela , who being first duly sworn, according to law, says that he ie the Accounting Clerk 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 1io.ipe liergb''x _ven that:_the City Counsel of the City of Cropus Christi of which the annexed is a true copy, was published in _._..._...__....-C.C._..Ca11er .Times._._-...-._...._.__._.___ —. on the -__4q, day of.._!3E ................ 1911:79 and once each tWEREMlargi consecutive }ss: PUBLISHER'S AFFIDAVIT 1 Times. _14.70 Elora Rodela Accountin Clerk Subscribed and sworn to before me this.....4.tt]. day of June • 19 79 Lois Winn dz - Notary Public, Nueces County, Texas •r PUBLIC NOTICE Notice Is hereby given d the City C0009l of the City Corpus Christiilas on the 3 day a1,W,by, ;i79 approved o71 first readings ¢n ordinance au -t thorizing a five-year lease agreement with the Southslde Pony League, leasing to said Southside Pony League a 1 71 - acre tract of land in Price Park for the purpose of conducting a pony league baseball program. The full text of said agreement Is available to the public In the Office of the City Secretary. WITNESS my and this 31st day of June, 1979., -s-Bill G. Read, City Secretary Corpus -Christi, Texgs -;x an 'n? •.7j9 r'D .t.•7•- ••�.-.- •rn-rin- , �-T^.• A—Y"T;� '7 xr - ri sit ri f 0 .1 STATE OF TEXAS, }ss: County of Nueces. r�.V , 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, PUBLISHER'S AFFIDAVIT Before me. the undersigned, a Notary Public, this day personally came Elma Rodela Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE,Noice is herehy Given that the City Council of the City of Corpus christi_ of which the annexed is a true copy, was published in ._ C.0 ...Caller -Time.& on the._llthday of. June 1979 ., and once each • consecutive 1 Times. 6.80 V Elma Rodela Accounting clerk Subscribed and sworn to before me this T.4.tkt...,..day of ,Tune Lois Winn u % t _ ` Notary P he,, uec (es County, Texas illapeedeprfor 19...79 PUBLIC NOTICE Notice IS hereby given, that. -,the-Clty Council a the City of, Corpus Christi has on the 60.1 day of June, 1979 approved onj second reeding, previously ap• proved on first reading on the 30th day of May,1979 an ordl- nance authorizing a fht•year. lease agreement with the South -i - side Pony League, teasing to said Southside Pony League al - 1.7l -acre trace oT tend in Price Park for the purpose of con, ducting a pony league baseball program. The full text of said - agreement is available to the public In the Office of the City Secretary, • _.. .. WITNESS my hand this 7th day of.June,1979. f -s- BIII G. Reed City Secretary Corpus Christi y Texas 'n •-n3 ';t . , _ "7 - , • -