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Home My WebLink About09006 ORD - 09/04/1968�t Bjw:7/23/68 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TULOSO— MIDWAY INDEPENDENT SCHOOL DISTRICT, LEASING TO THE SAID TULOSO— MIDWAY INDEPENDENT SCHOOL DISTRICT A TRACT OF APPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A SCHOOL RECREATIONAL AND PARKING AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH THE TULOSO— MIDWAY INDEPENDENT SCHOOL DISTRICT, LEASING TO THE SAID TULOSO— MIDWAY INDEPENDENT SCHOOL DISTRICT A TRACT OF APPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A SCHOOL RECREATIONAL AND PARKING AREA, A COPY OF WHICH AGREE- MENT IS ATTACHED HERETO AND MADE A PART HEREOF. 9006 S- b• vJw:1 /23/68 THE -iTATE vF TEAAS j CC OJN TY OF NUE CE � j THIS AGREEMENT MRUE :ND ENTERED INTO THIS THE DAY OF , 19(AJ, L,Y Ai90 JETNEEN THE CITY vF CUPM6 CHRISTI, TEAASP A MUNICIPAL CORPORATION, HEREINAFTER CALLED LESSOR', AMU THE TULOSU-MIUWAY IN®EPENLXNT SCHOOL ){STRICT, HEREINAFTER CALLED * LESSEE". Ir i T N L S S E T H. THE LES:aOR FOR YALUAGLE LUNSIDERATIJN DOES BY THESE PRESENTS LEASE AND DEMISE UNT9 THE LESSEE,, THE FOLLOWING DESCRIBED PREMISES, TO -MIT: HEGINNINt AT A POINT IN THE NORTH RIGHT Of WAY LINE Of STATE HIGHWAY NO. y %MENCE THE ORIGINAL SOUTHWEST CJRI4ER OF THE E. LINKENNOGER TRACT RECORDEDy IN VOLUME 361, !PAGE 25 Of THE NUECES CJUNTY UEED RECORDS ANC THE SOUTHEAST CORNER JF A 137.12 -ACRE TRACT TO H. E. WOODRUFF, TRUSTEE, RELORDEO IN VOLUME 44), PAGE 245 U: THE DEED RECORDS OF 9410 NUECES LVUNTY DEAR$ S'JUTH 44.07'i THENCE WITH (HE COMMON uOUNDARY JF $AID E. LINKENHO(.ER TRACT AND H. E. wooDRutF TRACT NORTH 419.07' To FHE SOUTHERLY SOUTHEAST CORNER OF THE TULOSO- MIOVAY INDEPENDENT .K POOL JISTRICF 1' -ACRE TRACT, CONTINUSNG NORTH ALONG THE EAST PH.UNOARY LINE OF SA10 15 -ALRE TRACT (6).23' TJ THE NORTHERLY NORTHEAST CORNER OF SAID 13 -ACRE TRACT AND PLACE OF BEQI NNING; THENCE N, 51" 50' 30" : WITH THE COMMON PROPERTY LINE Of SAID 15 -ALRE SCHOOL TRACT AND WEST GUTH PhRK A DISTANCE OF 151.54' TO THE MOST NORTHERLY NORTHM•E5T CORNER JF SAID 15 -ACRE SCHOOL TRACT, THENCE. S. 32" G)' 30" W. WITH THE COMMON PROPERTY LINE Of SAID 1) -ACRE SCHOOL TRACE AN0 WEST GUTH PARK A U13TANCE vF )23, 1j' tJ A COMMON CORNER OF SAID 15-ACRE SCHOOL TRACT AND WEST GUTH PARK; THENCE N. ' j0' 3a :Y. WITH THE Ca1MMJN PROPERTY LINE Of SAID 15 -ACRE SCHOOL TRACT AHU WEST GUTH PARK A DIS- TANCE OF 210' TO THE M•]ST WESTERLY NORTHWEST CORNER Of SAID 15 -ACRE TRACT; THENCE N. 32" 051 30" E. A OISTA14CE Jf 723. t5' TO A POINT; THENCE S. jV 1. DISTANCE OF 500.00' TO A POINT, THENCE N. 32" U)' 30" E. SI. ':E OF 420.0X' TO A row; THENCE 5. J1° 50' "JO E. A DISTANCE Of 26'1.50' TO A POINT; THENcc j. 320 091 30" W. A DISTANCE of 420.00' TO A POINT; THENCE S. 5(' 50' W E. A DISTANCE OF 20U.00' TU A POINT: THENCE S. 32' U9' 3a' W. A DISTANCE Of 2W.00' TO A POINT AND PLACE OF BEGINNING CONTAINING 9.55 ACRES OF LAND, MORE OR LESS, FOR A TERM OF FIVE (5) YEARS, SAID LEASE COMMENCING ON THE DAY OF . 1)66, AND ENDING FIVE (5) YEARS FROM THAT DATE, SU0- JECT TO THE FOI.LDLING CONDITIONS AND COVENANTS: (1) THE LESSEE HEREBY AND BY THESE PRESENTS AGREES TO ACCEPT SAID PREMISES IN ITS PRESENT CONDITfON, TO MAINTAIN SAID PREMISES DURING SAID LEASE TERM IN A CLEAU AND SANITARY CONDITION, AND AT THE EXPIRATION THEREOF TO RETURN SAID PREMISES T.> LESSGR IN AS GOOD A CONDITION AS WHEN RECEIVED, REASONABLE USE, WEAR, ACTS Of GOO, FIRE AND FLOOD EXCEPTED. (2) IT IS THE INTENTION OF THE LESSEE THAT THE PREMISES SHALL BE USED FOR THE ESTABLISHMENT AND MAINTENANCE Of SCHOOL RECREATIONAL AND PARKING AREA. LESSEE 13 AUTHORIZED TO ERECT AND MAINTAIN SUCH TEMPORARY IMPROVEMENTS AS MIGHT oft NECESSARY OR CONVENIENT FOR THE INTENDED USE OF SAID PREMISES, OUT NO PERMANENT- IMPRUVEMENIS SHALL BE ERECTED OR MAINTAINED ON SAID PREMISES WITHOUT FIRST OBTAINING THE LESSOR'S WRITTEN APPROVAL. AT THE EXPIRATIOM OF THE LEASE TERM, ANY AND ALL OF THE IMPROVEMENTS PLACED ON SAID PREMISES BY THE LESSEE MAY OE REMOVED. THE LESSOR SHALL HAVE JOINT USE Of THE PROPERTY, SUBJECT TO THE RIGHT OF THE LESSEE TO HAVE THE EXCLUSIVE CONTROL Of SAID AREA DURING SCHOOL HOURS, PROVIDING THAT LESSOR RETAINS THE RIGHT TO DEVELOP ANY PORTION OF THE LEASED AREA NOT BEING USED BY LESSEE AT THE TIME OF THE DEVELOPMENT. THE RIGHT Of THE PARK BOARD TO IUNTROL THE PROPERTY AND ITS USE BY THE PUBLIC FOR RECREATIONAL PURPOSES SHALL BE IN EFFECT AT ALL TIMES EXCEPT DURING SCHOOL HOURS ON DAYS WHEN SCHOOL IS IN SESSION. NOTWITHSTAMD /NG ANY OTHER PROVISION HEREof, EITHER PARTY HERETO SMALL HAVE THE RIGHT UPON THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER PARTY TO CANCEL THIS AGREEMENT AND TERMINATE THE SAME, AND FROM AND AFTER THE -2— EXPIRATION OF THIRTY t30j DAYS FROM FHE RECEII -T OF SUCH URITTEN NOTICE THIS AC:REEMEMT SHALL UE CONSIDERED TO DE IN ALL THINGS TERMINATED, CANCELLED AND OF NO FURTHER FORCE AND EFFECT. (3) LESSEE AGREES TO PAY FOR ALL UTILITIES USED BY IT OR THE PREMISES LEASED BY IT, OR USED UY ANY ACTIVITY SPONSORED BY IT. (4) LESSEE AGREES TO CONFORM TO ALL RULES SET JUT BY THE CITY MANAGER OF THE CITY OF CORFVS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES. (5) THE LESSEE SMALL PROMPTLY EXECUTE AND FULFILL ALL OF THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICAULE TO SAID PREMISES AND ALL ORDERS AND REQUIREMENTS IMPOSED OY THE 80ARD OF HEALTH, SANITARY, FIRE AND POLICE DEPARTMENTS, FOR THE CORRECTION, PREVENTION AND Ab ATEMENT OF NUISANCES AND/OR MA[ARDS IN, UPON OR CONNECTED LITN SAID PREMISES DURING THE TERM OF THIS LEASE AT ITS OWN EXPENSE. (6) THE CIFY SHALL NOT UE RESPONSIULE FOR DAMAGES TO PROPERTY OR INJURY TO PERSONS bKICN MAY ARISE INCIDENT TO THE EXERCISE OF TNS RIGHTS AND PRIVILEGES HEREIN GRANTED. (l) THIS CONTRACT CONTAINS ALL THE PROVISIONS AGREED UPON UY THE PARTIES HERETO AND DISPLACES ALL PREVIOUS VERBAL OR ORAL AGREEMENTS. ATTEST: CITY AF CARPUS CHRISTI, TEXAS BY R. MARVIN TowNSEND APPROVED: CITY MANAGER DAY OF , 1966: CITY ATTORNEY TULOSO- MILUAY INDEPENDENT SCHOOL. DISTRICT UY PRESIDENT THAI THE FCREGOIN� ORDINANCE WAS E D fOR THE FIRS TIRE AND PAS`L TO I1,, SECONL KEAD, ":G ON 11111 THE ^� DAY OF ;�/ , 6Y TfIE FOLLOWING VOTE: T J JACI, R. BLACKMON RONNIE SIZENIORL V. A. "Dlcr," BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE Lo ZANO, SR. KEN MCDANIEL W. J. "WRANGLEF." ROBERTS THAT THE 14 ORDINFrin WAS READ For TO ITS THIRD READIN.: ON THIS THE — DAY OF BY THE FOLLOWING VOTE: JACK R. BLACKMON RONN I E S I ZENIORE TIME ANDOPFy'yD — — , 1 i s �J —V s V. A. °DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. - - -- ,�_ - -.- i GAEE LoZANO, SR. KEN MCDANIEL W. J. "WRANILEK" ROHERTS !_ _ THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIS'D TIhE AND PASSED FINALLY ON THIS THE DAY OF - !_e'- �->. -.Ct -! BY THE FOLLOW - ING VOTE: JACK. R. BLACI.NroN CLc�- - - - - -- RONNIE SIZEN:ORE -- -- LS t.tC -- -i - - --- - V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. L GnsE LOZ An O, SR. __ -- L.L l— KEN IIc DAN I EL rL iC e W. J. "WRAN „LLR” ROPERTS - - - -� -� C_ PASSED AND APPRO'IED, THIS THE Y/ DAY OF �(° �c v;c lL!•�, 1� J . ATFES % C I I Y,SECRE 70-U,THE CITY Of CORPUS CF;R I ST I, T7 XAS A ?PROVED AS al L FO ^n:• TH ( Tf l DAY OF CITY C, T f E ° r: � Y ��- - - -_ -- .f _ Park and Recreation R. Marvin Townsend, City Manager W. P. Witt, Director July 18, 1968 Renewal of Lease - Agreement between the City of Corpus Christi and the Tuloso- Midway Independent School District Meeting in regular session on Tuesday, July 16, 1968, the Park and Recreation Board voted to recommend that the City Council authorize another five year lease- agreement between the City of Corpus Christi and the Tuloso - Midway Independent School District leasing to them approximately 9.55 acres of land in West Guth Park. Most of this area is used by the school district in conducting its athletic and intramural programs. The Board's recommendation included the stipulation that a paragraph be included in the lease- agreement authorizing the Park and Recreation Department to develop any portion of the 9.55 acres not being used by the school. Mr. L. R. Reaves, Superintendent of the school district, was present and agreed to this. Some of the area is unlevel and has trees on it. We propose to put in water lines and picnic facilities in these spots. A copy of Ordinance No. 6785, together with the old lease- agreement is attached. All terms and conditions of the old lease are satis- factory providing we add the above clause. WPW:ag cc; Tom McDowell K. C. Krenek Donald Greene, Chairman Park and Recreation Board tt, Director