HomeMy WebLinkAbout17457 ORD - 02/02/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT
WITH THE NATIONAL LITTLE LEAGUE FOR A 4.35 ACRE TRACT OF
LAND IN SOUTH GUTH PARK FOR CONDUCTING A LITTLE LEAGUE
PROGRAM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby
authorized to execute a lease agreement with the National Little League,
commencing on December 22, 1982, and ending five years from said date, a 4.35
acre tract of land in South Guth Park for the purpose of establishing and
maintaining a Little League program, all as is more fully set forth in the
agreement, a copy of which is attached hereto, marked Exhibit "A" and made a
part hereof.
{1'74517
MICROFILMED
SEP 2 81984
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This agreement made and entered into this the day of
, A.D., 198 , by and between the City of Corpus
Christi, Texas, a municipal corporation, hereinafter called "City" and the
National Little League, Corpus Christi, Texas, hereinafter called "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,
containing 4.349 acres of land more or less, located in Nueces County, Texas,
being more particularly described on Exhibit "1" attached hereto, and as
follows, to -wit:
Being a 4.349 acre tract of land out of Lot 6, 7, 20, and
21, Section 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 4.349
acre tract being more particularly described by metes and
bounds as follows:
Beginning at a 1" iron pipe in the most southerly corner
of the Continental Pony League Lease Tract: thence S 60°
45' 10" E., a distance of 700.0 feet to a point, the most
westerly and beginning corner of the tract herein
described;
THENCE N. 33° 18' 50" E., a distance of 445.76 feet to a
point;
Thence N. 76° 36' 40" E., a distance of 66.21 feet to a
point in the southwest right-of-way line of Ennis Joslin
Road; for the most northerly corner of this tract;
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 3° 46'
50", and whose radius is 5769.58 feet, an arc distance of
380.70 feet to a point, the P.T. of said curve for a
corner of this tract;
Thence S 28° 01' 30" E., still with the southwest
right-of-way line of said Ennis Joslin Road, a distance
of 261.25 feet to a point for the most easterly corner of
this tract;
Thence S. 51° 15' 20" W., a distance of 142.38 feet to a
point for the most southerly corner of this tract;
Thence N. 60° 45' 10" W., a distance of 560.00 feet to
the point of beginning.
For a term of five (5) years, said Lease beginning on the 22d day of
December, 1983, and ending on the 21st day of December, 1988, subject to the
following conditions and covenants:
1. The National Little League hereby and by these presents agrees
to accept said premises as existing and completed, to maintain said premises
during the term of this Lease in a clean and sanitary condition, and at the
expiration of this Lease to return said premises to City in as good condition
as received, reasonable use, wear, acts of God, fire and flood excepted.
2. No additions or alterations shall be made to the premises
without the consent of the City in writing; and any and all improvements
placed on said premises which are unattached to the land may be moved by the
Lessee at the expiration of this lease.
3. The City shall have joint use of the premises, subject to the
right of the Lessee to have exclusive control during its use for Little
League purposes. Lessee shall not deny access and use of the premises to the
general public during the hours when the premises is not in use for Little
League purposes. The City may use any of the land as a utility or effluent
line easement without compensating Lessee for use of such easement or damage
for installation, maintenance, removal or repair of lines in such easement.
4. 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 the prior
written consent of the City.
5. The Lessee agrees to pay for all utilities used by it on the
premises leased by it, or used by any activity sponsored by it.
6. Lessee agrees to conform to all rules set out by the City for
the operation of the leased premises, or maintenance of said premises.
7. The Lessee shall promptly execute and fulfill all the
ordinances of the City of Corpus Christi applicable to said premises and all
orders and requirements related to health, sanitation, fire and police
for the correction, prevention, and abatement of nuisances or hazards in,
upon, or connected with said premises during the term of this lease at its
own expense.
8. Lessee further agrees to use the southeast 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 maintenance and construction of parking area, maintaining
suitable entrance and exit roads, properly designated, in accordance with
standards set out by the City.
9. 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 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.
10. Lessee shall secure and maintain throughout the term of this
Lease, at its own expense, public liability insurance in the amount of ONE
HUNDRED THOUSAND DOLLARS ($100,000) for bodily injury or death to any one
person, FIVE HUNDRED THOUSAND DOLLARS ($500,000) for bodily injury or death
for any one occurrence, and TWENTY THOUSAND DOLLARS ($20,000) for property
damages per person and ONE HUNDRED THOUSAND DOLLARS ($100,000) for property
damages per occurrence. Said policy shall name the City as an additional
insured, and a certificate of said policy shall be furnished the City and
maintained throughout the term of this lease.
11. It shall be the responsibility of the Lessee to maintain a
current list of its officers on file with the City's Department of Park and
Recreation.
12. This lease is subject to all of the ordinances of the City with
respect to leases upon public property.
WITNESSETH the hands of the parties hereto this the day of
, 1983.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary Edward A. Martin, City Manager
t
APPROVED:
DAY OF JANUARY, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney W. Thomas Utter, Assist. City Manager
ATTEST: NATIONAL LITTLE LEAGUE OF
CORPUS CHRISTI, TEXAS
By
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• • LEAGUE,
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NATIONAL JtTL LEAGUE
Dov �wt�R
• SOUTH GUTH PARK
PARKING PLAN TOf
NATIONAL LITTLE: LEAGUE , • •
OSO LITTLE MISSES KICKBALL, AND
030 -NATIONAL PONY LEAGUE
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That the foregoing ordinance was read for the first time and wssed to its
second reading on this the Iq day of AApn/A c, 19177., by the
following vote: is
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley ,
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance
third reading on this the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
read f the second time andassed to its
day of , 1963 , by the
That the foregoing ordinance yva$ read for the third time and passed finally
on this the day of�Q v1 1 , 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
ATTEST:
Ci f Secretary
AP OVED:
/XN AY OF , l9$3 :
J. BRUCE YCOCK, CITY TTORNEY
By
stant City Attorney
day of
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
, 19713
.17457
PUBLISHER'S AFFIDAVIT -
STATE OF TEXAS, }as:
County of Nueces.
#3078
CITY OF C.C.
/7
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 limes,
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 AUTHORIZED THE
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the24th day of JANUARY 19 83 and once each_. DAY thereaft,r for_ ONE
consecutive .... _............ _.._.._...
___ 0 N E..___..___Tim es.
22.50
ANNA GARZA
ACCT CLERK
Subscribed and sworn to before me this 1 s t
EUGENIA S. CORTEZ
—gotary
FEBRUARY 19 83
lic, Nueces County, T
NOTICE OF PtSSAG
OF ORDINAdCE
CUTION OF A FIVE YEAR
LEASE AGREEMENT
WITH THE NATIONAL
LITTLE LEAGUE FOR A
4.35 ACRE TRACT OF
LAND IN SOUTH GUTH
PARK FOR CONDUCTING
A LITTLE LEAGUE PRO-
GRAM
Was passed on first read.
Ing by the City Council of
the City of Corpus Christi,
Texas on the 19th day of
January, 1983. The full text
of said ordinance Is avail-
able to the public In the
Office of the City Secretary.
City Secretary
Corpus Christi,
-77