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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.