HomeMy WebLinkAbout18338 ORD - 07/17/1984TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE OSO
PONY BASEBALL LEAGUE FOR THE LEASE OF A 15.411 ACRE TRACT OF
LAND FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL
PROGRAM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute a
lease agreement with the Oso Pony Baseball League for the lease of a 15.411 acre
tract of land for the purpose of conducting a Pony 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".
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SEP 2,8 1994
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This agreement made and entered into this the day of
, 1984, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City", and the Oso Pony
Baseball League, Corpus Christi, Texas, hereinafter called "Lessee".
WITNESSETH:
That the City, for and in consideration of the sum of one dollar
($1.00) leases the following pieces or parcel of land located in Nueces County,
Texas, being more particularly described as follows:
BEING a 15.411 acre tract of land out of Lots 7 and 8,
Section 17, Flour Bluff and Encinal Farm and Garden Tracts
as shown by map of record in Volume A, Page 43, Map Records,
Nueces County, Texas, said tract of land being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the southeast right-of-way line of
Nile Drive, said point being South 60°58'50" E, 60.0 feet
and North 29°01'10" E, 146.48 feet from the most westerly
corner of said Lot 8 for the most westerly and beginning
corner of the tract herein described;
THENCE North 29°01'10" E, with the southeast right-of-way
line of said Nile Drive, a distance of 478.0 feet to a 3/4"
iron pipe for a corner of this tract;
THENCE in a northerly and northeasterly direction with the
arc of a curve to the right whose central angle is 89°59'50"
and whose radius is 246.50 feet, a distance of 387.19 feet
to a point for a corner of this tract;
THENCE South 60°59' E, a distance of 18.92 feet to a point
for a corner of this tract;
THENCE in a southeasterly direction with the arc of a curve
to the right whose central angle of 42°08'30", and whose
radius is 533.0 feet, a distance of 392.03 feet to a point
in the west right-of-way line of 80 feet wide Ennis Joslin
Road for a corner of this tract;
THENCE South 18°50'30" E, with the west right-of-way of said
Ennis Joslin Road, a distance of 154.01 feet to a point for
a corner of this tract;
THENCE in a southeasterly direction still with the west
right-of-way line of said Ennis Joslin Road, and with the
arc of a curve to the left whose central angle if 4°52'00"
and whose radius is 5769.58 feet, a distance of 490.06 feet
to a point for the most easterly corner of this tract;
THENCE South 69°16'10" W, a distance of 415.16 feet to a 1"
iron pipe in the southwest boundary line of said Lot 7, for
the most southerly corner of this tract;
THENCE North 60°58'50" W, with the southwest boundary line
of said Lot 7 and 8, a distance of 470.92 feet to a corner
of this tract;
THENCE North 29°01'10" E, and parallel to the southeast
right-of-way line of Nile Drive, a distance of 146.48 feet,
to a corner of this tract;
THENCE North 60°58'50" W, a distance of 375.0 feet to the
place of beginning, and containing 15.411 acres of land,
more or less.
9
The term of this lease shall be five (5) years beginning July 11,
1984, and ending July 21, 1989, 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 throughout the year in a clean and sanitary
condition, and at the expiration thereof to return said premises to City in a
good 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 during Oso Pony Baseball League
programs. 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 Oso Pony Baseball 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 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 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 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 shall secure and maintain throughout the term of this
Lease, at its own expense, comprehensive general 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. Lessee must maintain a current list of officers on file with the
Park and Recreation Department through the term of the lease.
12. Lease will have a cancellation clause --either party may terminate
the agreement with six months notice.
13. This contract contains all the provisions agreed upon by the
parties hereto and displaces all previous verbal or oral agreements.
ATTEST:
City Secretary
APPROVED:3 rcl DAY OF -451";[% , 1984
J. BRUCE AYCOCK, CITY ATTORNEY
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin, City Manager
By By
Assista f9 Attorney Assistant City Manager
ATTEST:
OSO PONY BASEBALL LEAGUE
By
Lessee
That the foregoing ordinanceas read for th' fir t time and p s ed to its
second reading on this the day of y�.�� , 19ir , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance wan read for ts- and time and ed to its
third reading on this the &Ilk day of __, , 19 , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance as read for the{ ird time and passed finally
on this the tri'7ittday of � , 1945 , by the followi“ vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
PASSED AND APPROVED, this the n/' day of
ATTEST:
Secretary
(PAY OF 19 80:
J. BRUCE AYCOCK, CIT ATTORNEY
By
Assistant City Attorney
OF CORPUS CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss.
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came"
MARGARET RAMAGE ., who being first duly sworn, according to law, says that he is the
COMMUNITY RELATIONS SUPERVISOR of the Corpus Christi Caller and The Corpus ChriitiTmes,
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, AUTHORIZING THE EXECUTION
Caller -Times Publishing Co.
of which the annexed is a true copy, was published in
15th. a of July 84 day one
on the
y _____..__ _ �.__.19. _.., and once each......._.._.._._ thereafter far...
consecutive day
One .... __Times.
26.40 MARGARET RAMAGE
/ &'
Subscribed and sworn to before me tbia..._..16th_..__.._July19 84
.d � • of._...._..._...__.
EDNA KOSTER 11-30-84
IC I
r * CE 04 ASSAGE-
OWOROINANCE,ON
AUTHORIZING RTHE I EXECU-
TION OF A LEASE
AGREEMENT,WITH THE OSO
PONY BASEBALL LEAGUE
FOR THE LEASE OF A
15 411 ACRE' TRACT OF
,LAND FOR THE -PURPOSE OF
`CONDUCTING. A PONY
LEAGUE BASEBALL P NO -
GRAM. f,,.
Was passed on second
reading by the City Council of
flthe City of Corpus Christ,
exes on the 10th day of Ju-
IY 1984 The full text of said
ordinance is available'to the
public m tho�Offce of the Cny
Secretary ,
IY[{ •s -Bill G. Read
Cay Secretary
Corpus Christi, Texas
3
•
STATE OF TEXAS,
County of Nueces.
}SS .
Pt3BLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came.
MARGARET RAMAGE
., who being first duly sworn, according to law, says that he is the
COMMUNITY RELATIONS SUPERVISOR 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 THE EXECUTION
of which the annexed is a true copy, was published in Caller -Times Publishing Co.
on the •7th day of _July _..__.19_ 84aad once each da.Y.-..._-thereafter for _. one
consecutive clay
ONE
Times.
26.40 MARGARET RAMAGE
Subscribed and sworn to before me this -9th
EDNA KOSTER 11-30-84
OF ORpN
Y-:A N N. SA-Fr r �FIhST
READING
AUTEORIZING THE EXEC
TION ' OF A LEAS
AGREEMENT THE OSO
PONY BASEBALL LEAGUB
FOR THE LASE OF A
15 411 ACRETRACT OF
LAND FOR THE!PURPOSE OF
CONDUCTING A PONY
LEAGUE BASEBALL PRgl
GRAM
Was passed and a �d
on first readingby ppf C t
Council of the City off Corpus,
of JuIY, 1984Christi !The text of
said ordinance is available to
the public in the Office of IE,
City Secretary
s-Bill G Reed
City Secretary
Corpus Chnst Texas