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HomeMy WebLinkAbout020819 ORD - 11/07/1989AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ENTRAL ?ARK LITTLE LEAGUE FOR THE USE OF A 4.1 ACRE TRACT LAND IN PRICE PAPE FOR YOUTH SPDPTS PURPOSES. EE CT ORDAINED BY THE CITY _OUNCIL OF THE CITY OF CORPUS CHRTr,_"=. TEXAS: 3ECTIOF 1. That the City Manager :s hereby authorised t^ r?te. five year lease agreement wIth the Central Park Little Leaguo the use of a 4.1 acre tract sf land in Price Park foi youth stort r -gases, all as :n e full;' set. LDrtli '_n the lease agreement, a substantial copy of which 1 attacl ed herott and made a part hereof, mars:`_'J fl mhit A. J C R O i f t M E I) CENTRAL PARK LITTLE LEAGUE 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 Central Park Little League, Corpus Christi, Texas, hereinafter called "Lessee". 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 4.10 acres of land more or less, located in Nueces County, Texas, being more particularly described on Exhibit "A" attached hereto, and as follows, to -wit: Being a 4.10 acre tract of land, more or less, having as its boundaries Lamont Street on the southwest side, the north- west property line of Price Park, the southwest line of the Southside Pony League lease and northwest line of the Price Park parking lot and the northwest line of the Southside Little League lease. Containing 4.10 acres of land, more or less. For a term of five (5) years, said Lease beginning on the day of , 1989, and ending the day of , 1994, subject to the following conditions and covenants: 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 Department 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 Central Park 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 judgement in the location of whenever it is reasonably possible. 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 judgement 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 Advisory Committee 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 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 atthe 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 purposes. Lessee shall dust -free parking areas properly designated, in Park and Recreation. agrees to use a portion of said tract for parking be responsible for maintenance and construction of and maintaining suitable entrance and exit roads, accordance with standards set out by the Director of 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 ($100,000) for property damages per occurrence. Said policy shall name the City as an additional insured, and a certificate of said policy shall be furnished the City and maintained throughout the term of this lease. 11. Lessee must maintain a current list of officers on file with the Park and Recreation Department through the term of the lease. 12. Lease will have a cancellation clause --either party may terminate the agreement with six months notice. 13. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Juan Garza, City Manager APPROVED: DAY OF , 1989 HAL GEORGE, CITY ATTORNEY CENTRAL PARK LITTLE LEAGUE i% By By iy N Assistant City Attorney Lessee J \c? or. /7 5,0 \IO /) ,l 70 J 44 • et .\O. to \ \ KASPER ST. C 07' c c. cec Ac o./// •r/dc Po/.M /oo/6r// /,.y„c /✓ //. ei//.ny J. 4f, c/n E PAR k• WEIR DR. 1../ .. ., ...• 1/..r > a. 77 \? „ 1 �5 \ , f Ss:::::. • y 1.1\-:0 Ca / . \Q' J /1\m \z?-^ J • ./ n . 7 . C1.$ 4 \" • i \a / \� M/./.de,/ .' • / 1 •„ 1:///.54(7.' ESCHIBIT /q'\''' 0 r r S r P \ID That the foregoing ordinance second reading on this the following vote: Betty N. Turner David Berlanga, Sr. was Leo Guerrero (,'4.44)iiL Tom Hunt That the foregoing ordinance was third reading on this the f/ following vote: Betty N. Turner David Berlanga, Sr. ( Leo Guerrero (Ii Tom Hunt That the this the read for ple first time and passed day of 6C' C;,rt4'1 , 19 ?Yi , Edward A. Martin Joe McComb t Lt n Clif Moss Mary Rhodes to its by the «t Frank Schwing, Jr. read for re ,Seclond time and p used to its day of ¢-/ c(2, , 19 Y' , by the Edward A. Martin (1/71 Joe McComb (?�', Clif Moss Mary Rhodes Frank Schwing, Jr. foregoing ordinance was read for th? third time and passed finally on day of', ,;. ti 4, , 19��/ , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt PASSED AND APPROVED ATTEST: j Citi -Secretary APPROVED: al! OF li ( , this the tiF'u" , b ` 1 ga.: HAL GEORGE, CITY ATTORNEY BY A� trn cACialu ssistant City Attorne 99.044.01 Edward A. 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