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HomeMy WebLinkAbout16233 ORD - 05/13/1981AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE -SENIOR LEAGUE FOR THE PURPOSE OF ESTABLISHING AND MAINTAIN- ING A RECREATIONAL AREA IN SOUTH GUTH PARK FOR A TERM OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERE- TO 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 Padre Little League - Senior League for the purpose of establishing and maintaining a recreational area in South Guth Park for a term of five years, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". MICROFILMED SEP 2 71984 18233 '�v LEASE AGREEMENT THE STATE. OF TEXAS COUNTY OF NUECES This agreement made and entered into this the day of , 1981 , by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and the Padre Little League - Senior League , 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 of which is hereby acknowledged, does by these presents lease and demise unto the Lessee, the following piece or parcel of land located in Nueces County, Texas, being more particularly described as follows: Being a rectangular tract of land out of Lots 8 and 19, Section 17, Flour Bluff and Encinal Farm and Garden Tracts as recorded by plat in Vol. "A", Pages 41, 42, and 43, Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the East right- of-way line of Nile Drive that bears S 60° 58' 50" E, 60.0 Feet and N 29° 01' 10" E, 146.48 feet from the most Westerly corner of said Lot 19; THENCE, S 60° 58' 50" E, a distance of 375 feet to a 1" iron pipe for a corner; THENCE, S 29° 01' 10" W, a distance of 348.48 feet to a 1" iron pipe for a corner; THENCE, N 60° 58' 50" W, a distance of 375 feet to a 1" iron pipe in the East right-of-way line of Nile Drive for a corner; THENCE, N 29° 01' 10" E, along the East right- of-way line of Nile Drive, a distance of 348.48 feet to the place of beginning; Containing three (3) acres of land more or less. City also by these presents does lease and demise unto the Lessee all improvements and facilities present upon this parcel of land as of April 14, 1981, that being the presently named B. A. Lay Field with its light standards, fences backstop, stands, press box, concession building, restrooms and all other buildings and fixed improvements which are attached to the land and which cannot be removed without damaging the land or the improvements. 4)tN '4' The term of this lease shall be five (5) years, commencing 19 81 , 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 the City in as good a condition as received, reasonable use, wear, acts of God, fire and flood damage 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. 3. 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 right of 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 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 for the installation of utility or effluent lines and/or easements without com- pensation to Lessee for such easements or damage for installation, maintenance, removal or repair of said utility or effluent lines, providing the City exercisesits 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. 4. Lessee does by these presents and by its entry upon the land agree to use said premises for the establishment and maintenance of recrea- tional area for the benefit of the public with primary use being the aforesaid Little -Senior League program and for no other purpose without prior written consent of the Park and Recreation Department. 5. Lessee does hereby agree to pay for all utilities used by it on the said premises or used by any other activities sponsored by Lessee on said premises. 6. Lessee hereby agrees to conform to all rules set out by the City Manager acid/or the Park and Recreation Board of the City for the use and maintenance of said premises. -2- 13. This contract contains all of 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 , 19 . J. BRUCE AYCOCK, CITY ATTORNEY Assistant City a ger By By Assistant City Attorney PADRE LITTLE LEAGUE -SENIOR LEAGUE CORPUS CHRISTI, TEXAS ATTEST: Secretary That the foregoing ordinance was read for second reading on this the 49 day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing'ordinance was read for the second time and passed to its third reading on this the to day of .(n(1, . , 19 gel, by the following vote: 0 Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was ad for the thi�is d time and passed finally on this the ),3 day of , l9d, , by the following vote: Luther Jones first timend passed to its , 19 �% NOTICE OF PASSAGE 4 OF ORDINANCE ON FIRST READING e AUTHORIZING AND DI- ECTING THE CITY MAN- AGER TO EXECUTE A LEASE AGREEMENT' WITH THE PADRE LITTLE LEAGUE - SENIOR LEAGUE FOR THE PUR. POSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA IN SOUTH GUTH PARK FOR A TERM OF FIVE YEARSi ALL AS MORE FULLY SETT FORTH IN THE LEASE AGREEMENT, A SUB; STANTIAL COPY OF' f WHICH IS ATTACHED sHERETO AND MADE A PART HEREOF, MARKED r EXHIBIT "A". Notice Is hereby given that Pt the City Council of the City of Corpus Christi, has on•the I 29th day of April, 1981, ap- proved on first reading the aforementioned ordinance.' The full text of said ordi-I • nance is available to the pub- lic In the Office of the City Secretary. WITNESS MY HAND this the 30th day of April, 1981 . -s-Bill G. Read City Secretary City of Corpus Christi, Texas NOTICE'OP'PASSAGE .04,9$ ORDiNANCE, STATE OF TEXAS, County of Mieees. }88: PUBLISHER'S AFFIDAVIT #V239027 CITY OF C.C. I:: Before me, the undersigned, a Notary Public, this day personally came. __._.... LORRAINE CORTEZ , 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 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING �;.. THE CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in 81 on,the th day of MAY _.___ ._..__.19.._ __ and once each consecutive day One Times. Subscribed and sworn to before me this day thereafter for..._... one_ LORRAINE CORTEZQ�inQ AC GUN-T7N'G'�CLElIK_ �� 26th day of MAY 19.._ $1_ LOIS WINN Notary P lic, Nueces County, Texas STATE OF TEXAS, Ls: County of Nueces. 11 Before me, the undersigned, a Notary Public, this day personally came LORRAINE CORTEZ , who being first duly sworn, according to law, says that he is the ACCQua 'Zlia....QLEam 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 NOTICE OF PASSAGE ORDINANCE ON SECOND REQDINa,-.-,-.. —•-. THE CORPUS':CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in -.._•----_--•-••__ ••__ ___�_._ on the 1 1 thday of MAY 198? and once each as I_ thereafter consecutive...-_.._daY ..............- _ .. one _,-Times. 34.44LORRAINE1ORTEZ $__ ..r _- _ _ •_... -• ACCGT YTI G bL'ER Subscribed and sworn to before me this 26th day of MAX 19.--_-R1 PUBLISHER'S AFFIDAVIT fly 23521d CITY OFc.c. • LOIS WINNi�, _- *otary ubG N` 4",a.a.,......„- NNueces County, Texas J EOP , OF 01.0 SECOND READING AUTHORISING AND DI-, RECTIMAN- AGER EXECUtG THE CITY �E A LEA.iE AGREEMENT LWITH THE Pf,i4DRE EALITTLE LEAGUE -SENIOR OR LEAGUE FOR THE PUR- POSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA IN SOUTH GUTH PARK FOR A TERM OF FIVE YEARS, ALL AS SET FORTH INRE THELLY LEASE AGREEMENT, A SUB - F WTANTAY HICHI SL ATOTACHED HERETO* AND MADE A PART HEREOF, MARKED EXHIBIT "A' Notice Is hereby given that the City Council of the City of Corpus Christi has on the ed6I day of May, viouly been app 19@I app dddd second reading having p - reading on the 29th daylof April, 1981, the aforernen• Paned ordinance The all text of said ordinance is available to the public In the, Office of the City Secretary.i WITNESS MY HAND this the 7th day 01 Maay, 9B1. -s-Bill G Reed n ,Bill ac.Read