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HomeMy WebLinkAbout16911 ORD - 03/03/1982AN ORDINANCE REPEALING ORDINANCE NO. 15100 APPROVED BY THE CITY COUNCIL ON SEPTEMBER 5, 1979; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE, LEASING TO SAID SOUTHSIDE LITTLE LEAGUE TWO PARCELS OF LAND IN PRICE PARK, ONE BEING 5 ACRES, THE OTHER BEING 1.71 ACRES, 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 "A". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 15100, approved by the City Council on September 5, 1979, be repealed in its entirety. . SECTION 2. That the City Manager be and he is hereby authorized to execute a lease agreement with the Southside Little League, leasing to the said Southside Little League for a period of five years, two parcels of land in Price Park, one being 5 acres, the other being 1.71 acres, for the purpose of establishing and maintaining 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", said tracts being more fully described as follows: Parcel 1 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 Volume 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 feet4to 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; 16911 SEP 28 ViS4 Q micRoVINEO 1 1 , Thence S. 61° 45' 45" E. at 25 feet past the northwest boundary line of said Lot 9 in all 660 feet to a point in the northwest boundary 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 N. 61° 45' 45" W. with the northeast boundary line of Lamont Street at 635 feet past the northwest boudary 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. Parcel 2 Being a 1.71 acre tract of land, more or less, being joined on the southeast 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. LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This AGREEMENT made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY", and the SOUTHSIDE LITTLE LEAGUE, CORPUS CHRISTI, TEXAS, hereinafter called "LESSEE": WITNESSETH: That the City of Corpus thristi, 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. pieces or parcels of land located in Nueces County, Texas, being more particularly described as follows: Parcel 1 (outlined in yellow on Exhibit 1) 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 dis- tance of 25 feet to a point; Thence N. 280 16' 22" E. a distance of 25 feet to a point in the northeast bound- ary line of Lamont Street for the most westerly corner and point of beginning of the tract herein described; Thence N. 280 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 boundary 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 N. 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. 4:::k.14, '1" Parcel 2 (outlined in pink on Exhibit 1) ----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 south- west by the northeast property line of the tract of land being leased by the City to the Central Park Little League. The term of this lease shall be five (5) years, commencing , 1982, 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 judgment in the location of said easements and lines and locates said lines at points other than where inrprovements 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, Sani- tation, 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 person § 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 whidh 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 desig- nated, 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 (6) 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. EXECUTED IN DUPLICATE ORIGINALS this day of ATTEST: ' City Secretary CITY OF CORPUS CHRISTI By , 1982. Ernest M. Briones Acting City Manage APPROVED: DAY OF FEBRUARY, 1982: J. BRUCE AYCOCK, CITY ATTORNEY APPROVED: By Assistant City Attorney ,02,[11--41 sistant ity Manager SOUTHSIDE LITTLE LEAGUE, ATTEST: CORPUS CHRISTI, TEXAS Secretary By f4A5 pax PARKW6 I I, YOUTA. ft F0e>r ..E46VE 1 '‘\\\ V,..22.s.L.......)-' G Lief coasr urrtE \\./ LEACWE • cE,v7r2A.i. pmeld t—trrt.a I-F-AGesE 0 c ry PARKING E CR. ( r PRICE. PARK 4Rs4 ComPLEX EX it 1- That the foregoing ordinance was read for t irst time ARO passed to its second reading on this the /7 day of , by the following vote: Luther Jones Betty N. Turner Jack K. Oumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance : read for t third reading on this the 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 foregOngiordinance rea on this the- /ta' day of Luther Jones Betty N. Turner _ Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the 3A.Z day of ATTEST: cond time and passed to its , by the for the t44rd time and passed finally , 19412.../ , by the following vote: Cit Secretary APPROVED: pick, DAY OF , 191!:: J. BRUCE AYCOCK, CITY ATTORNEY By Assi ti ty Atto MAYOR 16911 oe' THE ITY OF CORPUS CHRISTI, TEXAS ilV357727 - PUBLISHER'S AFFIDAVIT CI TY OF C. C. S▪ TATE OF TEXAS, hs: County of Nueces. ) 9/ , 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 SECOND READING,... of which the annexed is a true copy, was published in THE CORPUSHCRISTI CALLER -TIMES on the 1st day of MARCH 19.2_, and once each consecutive day • one Times. day thereafter for one • 36.08 L 011.AIN.E .ao.R.TEz. 6gC0UNTING CLERK Subscribed and sworn to before me this day of MARC EUGENIA S. CORTEZ_ Notary Public, Nueces unty, T• exas ipr " STATE OF TEXAS, County of Nueces. }SS: PUBLISHER'S AFFIDAVIT #V352366 CITY OF CC 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 FEBRUARY 82day thereafter for one on the 22nd day of 19...._.., and once each consecutive daY one nines. 33.62 LORRAINE CORTEZ ECGOITNI`IITG Subscribed and sworn to before me this 23rd day of FEB ARY 19 8a_. EUGENIA S. CORTEZ Notary Public, Nueces nty, Texas • rte.............NOTICE.OF--- . PASSAGE OF . ' ORDINANCE ON : SECOND READING r REPEALING ORD!. NANCE NO. 15100 APPROV- ED By 'W. eiTY COUN. CIL ON SEPTEMBER 5, 1979, AUTHORIZING THE CITY MANAGER TO EXE. CUTE A LEASE AGREE+ MENT WITH THE SOUTH - SIDE LITT LEAGUE, SA D SOUTH.; .., PARCELS OF LANC LEAGUE 1 E BRICE PARK, ONE BEING IACRES, THE OTH ER BE IN.G 1.71 ACRES COND CrFTNG FOk.r....,_PDRPOSE OF A LITTLE LEAGUE BASEBALL PRO- GRAMAALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB-: STANTIAL COPY OF, WHiGH IS ATTACHED HERETO AND MADE A, PART HEREOF, MARKED i , EXHIBIT "g". i Wav•-eissfol on secorrd j of the it of Corpus Christi, readin the City Council Texas o 'the 24th day of Feb- rOry 1982 previously op- , , proved on first reading on , i text 09 said ordinance Is ll ,•••• February 17, 1982. The lull e, It avallable to the public In the I ' Office of the City Seccetary. 1 -1,firgf-G. Read • ' 'i • ''''''"" Cord. ,,,,,. City!4cretary Christi i Texasy - NOTICI.: UT- +•• PASSAGE OF ORDINANCE ON.,....i. FIRST READING -1 REPEALING ORDINANCE N 104, Pi,PPROVED ILY, THE CITY COUNCIL ON SEPTEMBER 5, 1979; MJ- THORIZING THE CITY MANAGER TO EXECUTE A LEASE -AGREEMENT I WITH THE SOUTHSIDE , LITTLE LEADJE, LEAS- , ING TO SAVS)SOUTHSIDE 1 IP lAritrai MG if:IZN Ir I ?! 1 ., PRICE P RK, ONE BEING 1 5 ACRES, THE OTHER BE- ING 1.71 ACRES, 'FOR THE P ti.R.P.ose—oT CON- DUCTING A ,LITTLE LEAGUE BASEBALL PRO- ' [ GRAMuLit RASEFmL FORTH Ars, i rMAs0 2 ' STANTIAL COPY OF WHICH IS ATTACHED ' HERETO AND MADE A ' ",- ' - • - •i . ' PART HEREOF, MARKED -4 , EXHIBIT " •. I Wass on first read- t Ing by, th y Council of the City of C,o us Christi, Texas i on the 17818clay of February, 1982. The full text of said or- dinance Is available to the : public In the Office of the , City Secretary. s I G Read . B ir.""` ---- •, -Gity-Bil etre. tary ' ' -N,Corpui ChrixV, Texas__ -ni74-6 •