HomeMy WebLinkAbout15461 ORD - 04/09/1980• •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE,
LEASING TO SAID SOUTHSIDE LITTLE LEAGUE A 5 -ACRE TRACT
OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING 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
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 Little League,
leasing to the said Southside Little League for a period of five years, a
5 -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:
A tract of land 330 feet in width and 660 feet in length
out of lots 9 and 10, Section "B", Paisley's Subdivision
of the Hoffman Tract as shown by map or plat of record in
Vol. A, Page 28, Map Records of Nueces County Texas.
Containing 5 acres of land, more or less.
15461
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This AGREEMENT made and entered into this the day of
, 1980, by and between the CITY OF CORPUS CHRISTI, TEXAS,
a municipal corporation, hereinafter called "City," and the South Little
League, Corpus Christi, Texas, hereinafter called "Lessee":
WITNESSETH:
That the City of Corpus Christi, Texas, 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:
A tract of land 330 feet in width and 660 feet in length
out of Lot 9 and 10, Section "B", Paisley's Subdivision
of the Hoffman Tract as shown by map or plat of record in
Vol. A, Page 28, Map Records of Nueces County, Texas, said
tract of land being more particularly described by metes
and bounds as follows:
Beginning at a point, the most westerly corner of said Lot 9,
Section 'B" and the most southerly corner of said Lot 10,
Section "B", Paisley's Subdivision of the Hoffman Tract;
Thence N. 61° 45' 45" W. with the southwest boundary line of
said Lot 10 a distance of 25 feet to a point;
Thence N. 28° 16' 22" E. a distance of 25 feet to a point in
the northeast boundary line of Lamont Street for the most
westerly corner and point of beginning of the tract herein
described;
Thence N. 28° 16' 22" E. a distance of 330 feet to a point
for the most northerly corner of this tract;
Thence S. 61° 45' 45" E. at 25 feet pass the northwest -
boundary line of said Lot 9 in all 660 feet to a point in
the northwest bonnidary line of Weir Drive for the most
easterly corner'of this tract;
Thence S. 28° 16' 22" W. with the northwest boundary line of
Weir Drive a distance of 330 feet to a point for the most
southerly corner of this tract, said point being in the
northeast boundary line of Lamont Street;
Thence 61° 45' 45" W. with the northeast boundary line of
Lamont Street at 635 feet pass the northwest boundary line
of said Lot 9 in all a distance of 660 feet to the place of
beginning;
Containing 5 acres of land more or less.
bw-
The term of this lease shall be five (5) years, commencing
, 1980, 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 during the term of this lease in a
clean and sanitary condition; and at the expiration thereof to return said
premises to 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 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 of the property 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 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, providing the City exercises reasonable
judgement 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 recreational area
for the benefit of the public with primary use being the aforesaid 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
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 con-
nected 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 theland 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 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 Secretary R. Marvin Townsend, City Manager
APPROVED:
S'// DAY OF /17 4 , 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
Assts ,'trity Attorney
Director of Finance
ATTEST:
Secretary SOUTNSIDE LITTLE LEAGUE
CORPUS -CHRISTI, TEXAS
That the foregoing ordinance was read for ij e first time an, passed to its
second reading on this the 5 day of , 19 0 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 ordinance was read for a se nd time a passed to its
third reading on this the 12._ day of , 19 csQ , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregp ng ordinan as read for the bird time and passed finally
on this the day of , ° , 19 , by the following vote:
. Luther Jones
Edward L. Sample
Dr. Jack Best Ar
David Diaz IP
Jack K. Dumphy r/ ,
Betty N. Turner e
Cliff Zarsky / �ny
9 day of d °' , 19 AP .
PASSED AND APPROVED, this the
ATTEST:
Cit Secretary
APPROVED:
vh DAY OF /U/a.rl , 19go :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assi 1n � iy Attor
•
1.THIFITY OF CORPUS CHRISTI, TEXAS
15461
PUBLISHER'S AFFIDAVIT
'STATE OF TERAS, L.
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came.
Elma Rodele who being first duly sworn, according to law, says that he is the
Accountinpy, 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
PUBLIC NOTICE Notice is hereby given that the City Council of the City of Corpsu Christi....
of which the annexed is a true copy, was published in _.._...C.o.Fp_us C1.!F18�i,_Aa?,ex-i?me.a.�
on the._19l hday of. M l'.....___.._..._ 1919_, and once each
conspcutive_
20,79 _�___, E1ma Rode�S
'.=
AA •
c ounting Cle
Subscribed and sworn to before me this...___1�.._.day of_
ch
80
19
Lois Winn
Notary Lib' c, uecea County, Texas
PUBLIC NOTICE
Notice is hereby given that
he City Council of the Shy of
orpus Christi hes, on the 5th
ay of March, 1980, approved
n first reading an ordinance
uthorizing and dlrecGing the
Ity Manager ho execute a
lease agreement with the
outh side Little League,
leasing t0 said Southsdldel
Title yrs,League a -a c e tra0ct of
land In Price Park for the
lurpote of conducting a little
eague baseball program.
The Lull text of the ordinance
is available to the public In
the Office of the City Secre-
tary.
WITNESS my hand this
6th day of March, 1980.
-s-Bill .G. Read,
City Secretary
City of
Corpus Christi,
Texas
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT 1
Before me, the undersigned. a Notary Public, this day personally came
Elora Rodela
Accounting Clerk
who being first duly sworn. according to law, says that he is the
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
PUBLIC NOTICE Notice is hereby given that the City Council of the City of Corpus Christi....
of which the annexed is a true copy, was published inQ0S8118CtIrj„ftj_ ueL-Tim.C.P .___..._..._.r..
on the. 17th dayof_ larch-..__�__ 19 8D and once
consecutive
1 Times.
23.10 » Elm..Rodela_
-- " Accounting Clef
Subscribed and sworn to before me this_._...11h_day of—
Lois Winn
Notaryc, Nueces County, Texas
19_80
PUBLIC NG i SCE
Notice Is hereby given that
the City Council of the City of
Corpus Christ! has, on the
'77th day ;cf Mern, 1980, tip,
proved on second reading,
having previously approved
on first reading on the 5th
day of March, 1980, en ordi-
nance authorizing -and di-
recting the City Manager to
execute a lease agreement
with the Southside. Little
League, leasing to said
Southside Little League for a
period of five years, a 5-acre
tract o1 land In Price Park
for the purpose of conducting
a little league baseball pro-
gram. The full text. of the or-
dinance Is available to the
public In the OHlce of the
City Secretary.
WITNESS my hand this I
13th day of March, 1980.
_-s-BIII G. Read,
City Secretary •
• City of
Corpus Christi,
Texas.
STATL :BF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
i5u�
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,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
AN ORDINANCE 15461 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE
of which the annexed is a true copy, was published in G.vs ws Cl ris _��b e>=T•Am S
on the 14th day of A2aii.___ 19_8Q.., and once
consecutive
1 Times.
$223.10 Elma Rodel
Accounting Cle
Subscribed and sworn to before me this 17th day of__.A-Eril .. 19...$_Q_...
Notary Public, Nueces County,
Lois Winn
(10. RIs agreed that either
party may terminate this
agreement at any time dur-
ing the life of this In-
strument, provided that slz
months notice of such terml•
nation Is given.
11.11 shall be the responsl-
bIIRy of the Lessee 10 main- •
talo a current Ilst 01 Its of.
titers on Hie with the Park
and Recreation Department. .110
12. This contract contains
all the provisions agreed
upon by the parties hereto
and displaces all previous
verbal or oral agreements.
ATTEST:
City Secretary
R..Marvin, Townsend,
City Manager
APPROVED:' --DAY OF--, 1980:
J. BRUCE AYCOCK,
CITY ATTORNEY
By --
Assistant City Attorney
Director of Finance
ATTEST:.
Secretary i
SOUTHSIDE LITTLE
CORPUS CHR STII,,
TEXAS
AU51HORt00N6 AND DI•
RECTING1HE. EYMAN-
AGER TO -E CCSJTE A
LEASE AG iMENT
WITH TH'&.8OHTHSIDE
LITTLE LEAGUE, LEAS-
ING'TO SAID SOUTHSI DE
LITTLE LEAGUE A 5 -
ACRE TRACT OF LAND IN
PRICE PARK FOR THE
'PURPOSE OF CON-
DUCTING A LITTLE
LEAGUE BASEBALL PRO-
GRAM, ALL AS MORE
FULLY SET FORTH IN
THE AGREpEMENT, A SUB-
WOF
HIC1I 15 ATTANTILOTACHED
HERETO AND MADE A
PART HEREOF, MARKED
EXHIBIT "A".
BEc,ST ORDAINED BY
. THE. CITY COUNCIL OF
THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City
Managqer Se and he is hereby
out -Wined and directed to
execute a -lease agreement
with the Southside Little
League, leasing to the said
Southside Little League for a
period of five years, a 5 -acre
tract of land In Price Park
for -the purpose 01 estab-
lishing,. and maintaining e
Little League baseball pro-
gram, 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 beingmore
• fully described as folows:
A tract of land 330 feet In
wldttJ�and 660 feet In length
out Of,lots 9 and 10, Section
"B", 51110y's Subdivision
Of the Hoffman Tract es
shown „by map or plat of
record In Vol. A, Page 20,
Map -Records of Nueces
County Texas. Containing 5
. acre& of land more or less.
LEASE AGREEMENT
THE STATE OF TEXAS
_ COUNTY OF NUECES
This. -AGREEMENT made
and entered Into this th0 --
day of -- 1980, by and 00-
11000616610 CITY OF CORPUS
CHRISTI, TEXAS, a munlci•
pal corporation, hereinafter
called "City", and the South
L ittle League, Corpus
Christ& Texas, hereinafter
called "Lessee":
WITNESSETH:
7ha7 the City of Corpus
Christi, Texas, for and In
consideration of the sum of
One potter (SLOW and other
o rrand valuable consId-
ttiion the receipt and suffl-
clency 9f which is hereby 54-
Iengqww gad, does by these
ur8aeate 10550 and demlOO
nto the avid te9B06 fhe fol.
lowing piece or parcel 01
land located in Nueces Coun-
ty, Texas, being more partic-
ularly described as follows:
A tree of land 330 feet In
width.and 660 feet In length
out of. Lot 9 and 10, Section
"8", Paisley's Subdivision
of the Hoffman Tract as
shown by map or plat o1
- record In Vol. A, Page 28,
Map Records of Nueces
County, Texas, said tract of
land being more particularly
described by metas and
beam follows:
nI
ByyT"' ihning ate point, the
m asteria corner of said
Ion B" and the
utherly corner of said
Loo Section "0", Peis-
Ia�gpS bdlvlsion of the NOH-
mtihet ect;
Thence a o1degreethwest bound-
arywith the southwest adis-
tanZine 25 Said Lot po0int: n dis-
tance of c 2S feet to a pont;
Thence e8 degree 16' 5
E. a distancenn of 25 feet n r
point is the northeast Corner
aro. On1oM ln beginning of the
Thence 5. 28 degree 16' 2Y'
W. with the northwest bound
ary line of Weir Drive a dis •
tante of 330 feet to a point fol •
the most southerly corner 0 f
this tract, said point being l: t
the northeast boundary lin e
of Lamont Street;
Thence 61 degree 45' 45"
W. with the northeast bound-
ary line Of Lamont Street at
630 feet pass the northwest
boundary line of said Lot 9 in
all a -distance of 660 feet to
the pieta of beginning;
Containing 5 acres co land
TOM or less.
The term of this lease shall y
be five l5) 19
tong --, ands b-
leettctars, com-
and c following conven-
ants end antlisl,-i.
1. Lessee does by thes8
presents and by entering
upon the land agree to main-
tain the land and premises
during the term of this lease
in a clean and sanitary con-
dition, end at the expiration
thereof to return ca(d prem-
ises to City In as good a con-
dition as received, reason-
able 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 460 premises
withollt the consent of the
Park and Recreation De.
parfinenf In writing.
Le:s0e further agrees Thal
the. Perk and Recreation
Board of the City shall have
joint use of the property dur.
ng the term hereof, sublecl
fo the right o1 the Lessee tc
have exclusive control of the
property during Its use for
Little Eeague purposes. Les•
seesball 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. Les-
see further agrees that the
City may use safe land when
needed by the 'Ity or needed
t0 be crossed Le. the City by
the Installation Of utility or
effluo9t line; end/or ease•
mentiwIthout compensation
to Lessee for such easements
or damage for Installation,
maintenance, removal er re-
pair of said utility or effluent
lines, providing the City ex-
ercises reasonable judge-
ment In the location of said
easements and lines and lo-
cates said lines at points oth-
er then 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
saidpremisesfor the estab-
Ilahtnent and maintenance of
a recreational area for the
benefit of the public with prl-
mary nse being the aforesaid
Little. League program and
for no other purpose without
-prior written consent of the
Per ntl Recrea1iOnaDe•
r eg 0661 gra
r alt utlllt105
.J ea®!t byte.
tivlty sponsorsed Les580
0°y Lessee hereiy agrees 60
conform to all rules set out
by the City Manager and/or
the Board srk of the City for tthe
m10ai5.
ntenance of said prem -
6. Lessee 6003 hereby
agree to promptly execute
and of the or•
nanceS hfill of thelCity pertaining
to health end sanitation, and
to execute end fulfill all ordi-
nances, orders and eequl
7. Lessee does hereby
agree that the City shall not
be responsible for damages
10 property or Inlury to per-
sons which may arise In-
cident to the exercise of the
rights and privileges herein
granted. Lessee further
agrees to Indemnity and to
hold the City harmless from
any loss or damage that may
occur upon said premises
which 15ss or damage arises
by reason of or is Connected
with Lessee's use 09 0510
premises.
8. The City hereby agrees
that Lessee may at the end of
the term of this Lease re-
move at its own expense any
and all Improvements placed
on said premises by Lessee
which are unattached to the
land and which may be re-
moved 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 construc-
tion of duet -free parking
areas, maintaining suitable
entrance and exit roads,
properly designated, in ac-
cordance with standards set
out by the Director of Perk
and Recreation.