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HomeMy WebLinkAbout17364 ORD - 11/17/1982AN ORDINANCE AUTHORIZING THE RENEWAL OF A LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL FOR A PERIOD OF 5 YEARS FOR A TRACT OF LAND IN SOUTH GUTH PARK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee be authorized to renew a lease agreement with the Oso Little Misses Kickball, leasing to the said Oso Little Misses Kickball for a period of five years, commencing on November 22, 1982, and ending five years from said date, a 4.23 acre tract of land in South Guth Park for the purpose of establishing and maintaining a Little Misses Kickball program, all as is more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof marked Exhibit "A." 17364 SEP 2 81984 SEP ;?; k1;04 MICROFILMED LEASE AGREEMENT THE STATE OF TEXAS_ O COUNTY OF NUECES This lease made and entered into on this,the day of , A. D. 1982, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, acting herein by and through its City Manager, hereinafter referred to as "CITY", and the OSO LITTLE MISSES KICKBALL LEAGUE, a public non-profit organization chartered for the purpose of providing kickball activities for girls, hereinafter referred to as "LESSEE." WITNESSETH: That the City of Corpus Christi, for and in consideration of the sum of One Dollar ($1.00), and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does by these presents lease and demise unto Lessee, the following piece or parcel of land located in Nueces County, Texas, being more particularly described as follows, to -wit: Being a 4.234 acre tract of land out of Lots Seven (7), Nineteen (19), and Twenty (20), Section Seventeen (17), Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, pages 41, 42, and 43, Map Records, Nueces County, Texas, said 4.234 acre tract of land being more particular- ly described by metes and bounds as follows: Beginning at a 1" iron pipe in the southeast boundary line of the Continental Pony League Lease Tract, said point being S. 60° 58' 50" E., 435.0 feetfromthe most northerly corner of said lot Nineteen (19), for the beginning corner of the tract herein described; Thence S. 6o° 58' 50" E., with the southwest boundary line of the Oso National Pony League Lease Tract, a distance of 470.92 feet to a point for an interior corner of the tract herein described; Thence N. 69° 16' 10" E., a distance of 415.16 feet to a point in the arc of a curve, the southwest right-of-way line of 'Ennis Joslin Road for the most northerly corner of the tract herein described; Page 1 of 5 Thence in a southeasterly direction with the southwest right-of-way line of said Ennis Joslin Road and with the arc of a curve to the left whose central angle is 0° 32' 10" and whose radius is 5769.58 feet, an arc distance of 53.95 feet to a point for a corner of this tract; Thence S. 76° 36' 40" w., a distance of 66.21 feet to a point for an interior corner of the tract herein described; Thence S. 33° 18' 50" W., a distance of 445.76 feet to a point for the most southerly corner of this tract; Thence N. 60° 45' 10" W., a distance of 700.0' feet to a 1" iron pipe in the most southerly corner of said Continental Pony League Lease Tract for the most westerly corner of the tract herein described; Thence N. 29° 01' 10" E., with the southeast boundary line of said Continental Pony League Lease Tract, a distance of 202.0 feet to the point of beginning. Containing, 4.234 acres of land more or less. Being a 0.257 acre tract of land out of Lot Seven (7), Section Seventeen (17), Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, pages 41, 42, and 43, Map Records, Nueces County, Texas, said 0..257 acre tract of land being more particularly described by metes and bounds as follows: Beg.inning at a 1" iron pipe in the southwest boundary line of said Lot Seven (7), and in the most southerly corner of the Oso National Pony League Lease Tract, said point being S. 60° 58' 50" E., 905.92 feet from the most northerly corner of Lot Nineteen (19), said Section Seventeen (17), for the most westerly and beginning corner of the tract herein described; Thence N.. 69° 16' 10" E., a distance of 415.16 feet to a point in the southwest right-of- way line of Ennis Joslin Road, for the most northerly corner of the tract herein described; Thence in a southeasterly direction with the southwest right-of-way line of said Ennis Joslin Road, and with the arc of'a curve to the left whose central angle is 0° 32' 10" and whose radius is 5769.58 feet, an arc distance of 53.95 feet to a point for the most southerly corner of this tract; Thence S. 6° feet to the 36' 40" a distance of 421.66 point of beginning. Containing 0.257 acre of land more or less. Page 2 of 5 The term of this lease shall be five (5) years, beginning on the day of --�_, 1982 and ending five (5) years from said date, subject to the following covenants and conditions: 1. Lessee does by these presents and by entering upon the land agrees 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 and destruction excepted. 2. Lessee does by these presents and by entering upon the land agree to maintain a ball park to conduct a kickball program for girls. 3. No additions or alterations shall be made to the premises without the consent of the Park and Recreation Department in writing; and, if for any reason this lease is cancelled or expires, Lessee shall have the right to move all facilities installed by the League except pipe lines installed on, in or under the land. 4. 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 Lessee to have exclusive control during its use for kickball 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 kickball purposes. 5. Lessee further agrees that the City may use said land when needed by City or needed to be crossed by City by the installation of utility or effluent easements without compensation to Lessee for such easements or damage for installation, maintenance, removal or repair of said utility or effluent lines, provided the City exercises reasonable judgment in the location of said ease- ments and lines and locates said lines at points other than where improvements are located whenever it is reasonably possible. 6. 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 Page 3 of 5 • 41111 with primary use being the aforesaid Little Misses Kickball program and for no other purpose without the prior written consent of the City. 7. Lessee does hereby agree to pay for all utilities used by it on said premises or used by any other activity sponsored by Lessee at said premises. 8. Lessee hereby agrees to conform to all rules set out by the City Manager and/or the Park and Recreation Director of the City for the maintenance of said premises or operations thereon. 9. Lessee does hereby agree to promptly execute and fulfill all of the ordinances of the City pertaining to health, 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. 10. Lessee does hereby agree that the City shall not be responsible for damages to property or injurytopersons which may arise incident to the exercise of the rights and privi- leges 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. 11. Lessee further agrees to use the southwest portion of said tract for parking purposes as indicated on the attached map, marked Exhibit 2, incorporated herein by reference and made a part hereof. Lessee shall be responsible for construction and maintenance of a parking area, and suitable entrance and exit roads on said portion of the tract in accordance with standards set out by the Director of Park and Recreation. Lessee may also use for parking purposes the southeast portion of the Oso National Pony League Tract as indicated on the attached map. 12. It shall be the responsibility of the Lessee to maintain a current list of its officers on file with the Depart- ment of Park and Recreation. - Page 4 of 5' 13. This lease is subject to all of the ordinances of the City with respect to leases upon public property. WITNESSETH the hands of the parties hereto this the day of , 1982. ATTEST: City Secretary Edward A. Martin, City Manager CITY OF CORPUS CHRISTI, TEXAS BY APPROVED: DAY OF , 1982 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Page 5 of 5 • That the foregoing ordinanceas, read for second reading on this the day of following vote: first timend passed to its 19�Z , by the Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance vais read for third reading on this the /d 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 foregoingArdinance w•. read fo ""- on this the / /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 /A—day ATTEST: e seco d time a passed to its , 19 ,�!/ , by the t e thi ime and passed finally by the following vote: APPROVED: h � DAY OF GCru-eze-4-L-,/ 19 � 3� J. BRUCJ- YCOCK, CITY ATTORNEY By Assistant Cit /ij orney of MAYOR / THE TY OF CORPUS CHRISTI, TEXAS , 19 1'736¢ STATE OF TEXAS, tss: County of Nueces. PUBLISHER'S AFFIDAVIT #11013 CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came. ANNA GARZA ., who being first duly sworn, according to law, says that he is the _^- ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Thies, 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 AUTHORIZING t 1 of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES .{ on the$ _day of _NOVEMBER 1982. and once each DAY _ thereafter its ONE consecutive. DAY Times. L 21.60 : ANNA GARZA ACCT CLERK ,a„),! 17 FEBRUARY 83 Subxcribed and sworn to before me ..-_d of 19 EUGENIA S. CORTEZ . Public, Nueces County, T NOTICE OF -- PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE RE- NEWAL OF A LEASE AGREEMENT WITH THE 050 LITTLE MISSES KICKBALL FOR A PERI- OD 'OE 5 YEARS FOR A TRACT OF LAND IN SOUTH GUTH PARK. Was passed on first read. Ing by the City Council of the City of Corpus Christi, Texas on the 3rd day of November, 1952. The full text of said ordinance is available to the public In the Office of the City Secre- tary. s -Bill G. Read 'City -Secretary;; - Corpus Christi, Texas t. 4 glad PUBLISHER'S AFFIDAVIT STATE OF TERAS, t„,County of Nueces. Before me, the undersigned, a Notary Public. this day personally came______________. ANNA ame..._._._._—.____-- ANNA GARZA -. who being first duly sworn, according to law. says that be is the #13281 CITY OF CORPUS CHRISTI __ of the Corpus Christi Caller and The Corpus Christi 'limes, ACCOUNTING CLERK Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READINGAUTHORIZINGTHE RENEWAL was published in — CORPUS CHRISTI CALLER -TIME S of which the annexed is a true copy, on the .:..1 5 day of DAY ONE NOVEMBER 1982 ., and once each _..._.thereafter for.. ....._ — DAY consecutive ....S1.N.E...__ 23.40 ANNA GARZA ACCT CLERK th FEBRUARY ig 83 Subfcribed and sworn to before me this..._.17___ _--_.day of. _.. Nueces County, Texas EUGENIA S. CORTEZ ' 2, NOTICE.DF-PASSAGE OF ORDINANCE ON SECOND READING . AUTHORIZING THE RE- NEWAL OF A LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL FOR A PERI -- OD OF 5 YEARS FOR A TRACT OF LAND IN SOUTH GUTH PARK. Was passed on second read- ing by the City Council of the City of Corpus Christi, Texas on the 10th day of November, 1987, previously passed on first reading on November 3, 1982 The full text of said ordinance is available to the public In the Office of the City Secre- tary. -5-B111G. Read City Secretary, Corpus Christi, Texas.