HomeMy WebLinkAbout17211 ORD - 08/18/1982AN ORDINANCE
AUTHORIZING A LEASE AGREEMENT WITH THE AMERICAN
LITTLE LEAGUE FOR FIVE YEARS IN BOTSFORD PARK
FOR USE AS A RECREATIONAL AREA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a lease
agreement with the American Little League, for a five year -extension of the current
lease authorized by Ordinance No. 13817, leasing to said Little League a six -acre
tract of land in Botsford Park for the purpose of establishing and maintaining a
recreational area, a substantial copy of which agreement is attached hereto and
made a part hereof, marked Exhibit "A".
17211
'SO 2 8 1984
mICROFILMELL
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Agreement made and entered into this the %Th day of
/ 1982 by and between the City of Corpus Christi, Texas, a
municipal corporation, hereinafter called "City", and American Little
League, Corpus Christi, Texas, hereinafter called "Lessee",
WITNESSETH:
The City of Corpus Christi, Texas, for valuable consideration, does
by these presents lease and demise unto the said Lessee, the following described
premises, to -wit:
A tract of land approximately 423 feet in width and 630 feet in length,
being a portion of the area designated as "Park" in the Botsford
Place Unit 2 of Record in Vol. 16, page 47, Map Records of Nueces
County, Texas, also a portion of Lots 5, 6, 7, and 8, Block A and
Lots 5 and 8, Block B, Lexington Place Subdivision, of record
in Vol. 9, page 7, Map Records of Nueces County, Texas, more
particularly described by metes and bounds as follows:
Beginning at a point in the North boundary line of said Lexington
Place, said point bears S. 61° - 30' E. 196.54 feet from the most
northerly corner of said Lexington Place Subdivision;
Thence N. 61° - 30' W. with the north boundary line of said Lex-
ington Place Subdivision and the north boundary line of said Bots-
ford Place, a distance of 290 feet to a point;
Thence along the arc of a circular curve to the left having a radius ,
of 20 feet and a central angle of 89° - 33', a distance of 31.26
feet to a point;
Thence S. 29° - 30' W., with the east boundary line of Hamlett
Street, a distance of 490 feet to a point;
Thence S. 61° - 30' E., a distance df 125.03 feet to a point;
Thence S 29° - 30' W., a distance of 108.74 feet to a point;
Thence S. 61 - 30' E., a distance of 330.0 feet to a point;
Thence N 29° - 30' E., parallel to a 455.03 feet east of the
east boundary line of Hamlett Street, a distance of 630 feet to
a point;
Thence N. 61° - 31' W., a distance of 133.46 feet to initial
point on northerh boundary, see Attachment #1;
for the term of five (5) years, said lease beginning on the 29th day of July,
1982, and ending five (5) years from that date, subject to the following
conditions and covenants:
1. The American Little League hereby and by these presents agrees to
accept said premises as completed, to maintain said premises as completed, to
maintain said premises during the term of this instrument 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 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 American Little
League programs. Lessee shall not deny access and use of the park when the
park is not in use for American 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 easements
and/or lines 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
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 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 of 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 the 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
G
with the operation of 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 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 and maintaining suitable entrance and exit roads,
properly designated, in accordance with standards set out by the Director
of Parks and Recreation.
10. Lessee must maintain a current list of officers on file with the
Park and Recreation Department throughout the term of the lease.
11. Lease will have a cancellation clause -- either party may
terminate the agreement with six months notice.
12. This contract contains all provisions agreed upon by the parties -
hereto and displaces all previous verbal or oral agreements.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
City Secretary
APPROVED:
Day of July, 1982
J. BRUCE AYCOCK, CITY ATTORNEY
BY
EDWARD A. MARTIN, CITY MANAGER, "CITY"
APPROVED:
Assistant City Manager
AMERICAN LITTLE LEAGUE
BY
ATTEST: "Lessee"
rn
46)0'
31 26.: RAI).
105.74'
•
•
-s‘-•
4:11
(
630'
7-82.
That the foregoing ordinance wa read for t first time pd passed to its
second reading on this the day of , 19 , by the
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 vA/read for a,pssed to its
third reading on this the /irk— day of , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoinTlordinance was r d for the third time and passed finally
on this the / day of , 19 , by the following vote:
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 , 19
ATTEST:
second time
, 19
—641q:cretary'
11:Tilf.rt;
AY OF 19gY:
J. BRUCE AYCOCK,A 1Y ATT RNEY
•MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
17.211
11V394185
PUBLISHER'S AFFIDAVIT - CITY OF C.C.
STATE DP TEXAS, tss.
County/of Nueces. )
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE C. MARTINEZ 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 which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES
on thel.fith day 19.12., and once each... d thereaftrr
day
consecutive. s
,4,V4ae4;a, e'
LORRAINE C. MARTIAEZ
ACCOUNTING CLERK
Subscribed and sworn to before me this 9:bli....day
EUGENIA S. CORTEZ_
No ary c, Nueces County, Texas
SEPTEMBER 19 .....
82
NOTICEOF
PASSAGE Of.
'ORDINANCE -ON%
SECOND READING -
AUTHORIZING A LEASE
AGREEMENT WITH Th
AMERICAN LITTLE
LEAGUE FOR FIV
'EARS IN BOTSFOR
PARK FOR USE AS A RE.ge
REATIONAL AREA.
Was passed on seco
reading by the City Counti
of the City of Corpus Christ
Texas on the Ilth day of
gust, 1982, previouSlY 8
proved on first reading on
August 4, 1982. The full iexjJ
of said ordinance Is availeb e)
to the public in the Office of
the City Secretary.
.s. Bill G. Re
City
Corpus cnristiie Segetary
Texa
;
STATE OF TEXAS,
Cdunty of Nueces.
}ss:
#V379045
.
PUBLISHER'S AFFIDAVIT - CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came.
LORRAaTE C.,. MARTINEZ who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK
of the Corpus Christi Caller and The Corpus Christi Ilmes,
Daily Newspapers published at Corpus Christi, Texas,. in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO. 17211,—.
of which the annexed is a true copy, was published in THE CORRUS CHRISTI CALLER -TIMES
on the 23rd day of: AUGUST .19 and once each d3 -X thereafter kir one
consecutive. 'IAY
Times.
1 9. 80 ' LORRAINE 0. MARTINEZ 10WK6(7.1?-6
ACCOUNTING CLERK
Subpc.fibed and sworn to before me
EUGENIA S. CORTEZ
SEPTEMBER
19_8 2 .
..... , ..
- Ntary Pblic, Nueces County, Texas
ti;vosTs NOTICE
AE
ORDINANCE -NO.
AUTHORIZING A LEASE1
171IN",
AGREEMENY WITH THyd
AMERICAN LITTLjj
LEAGUE FOR FIV
YEARS IN BOTSFO DI
PARK FOR USE AS A R
REATIONAL AREA.
Was passed and approved
the City Council of the CI t?ifj
Corpus Christi, Texas on 1
18th day of August, 1982. The
full text of said ordinance
available to the public In the
Office of the City Secretara
GI Reedd
; City Secretor
Corpus Chrlst
44 STATE OF TEXAS,
County of Nueces.
}SS
PUBLISHER'S AFFInAVIT
4063 89
CITY OF C C
7')/i
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE C. MARTINEZ , who being first duly sworn, according to law, says that he is the
AC C OUNTING 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,...
of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER PIPES
on the.Z..9_teilday _ 19 82, and once each____d_ay thereafter
consecutive_ da7
$_
one Times.
20.2.23 LORRAINE C. MARTINEa
ACCOUNTING CLERK13th
Subscribed and sworn to before me this day o
021A-afrrze-
EUGENIA S. CORTEZ
AUGUST
Notary P lic, Nueces County, Tex
19 82
PASSAGE.°
NOTICE OFe.
ORDINANCE N
FIRST READI-Nir'
AUTHORIZING A EASE
AGREEMMT WITH T
AMERICAN LITTLE
LEAGUE FOR FIV
YEARS IN BOTSFOR
PARK FOR USE AS A REV
REATIONAL AREA.
Was, passed on first rea
' ing by The City Council of the
City of Corpus Christi, Texa.;,./
on the 4th day of August
1982. The full text of said or j
dinance Is available to the
, public In the Office of th
city SecretarY:s.Biii G. Rea:1
City Secretary
Corpus