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Home My WebLink About10435 ORD - 08/15/1971• JRR:JKH :5 -18-71 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE NUECES COUNTY NAVIGATION DISTRICT NO. 1 FOR LEASE FOR PARK PURPOSES OF .48 ACRES OF LAND OWNED BY THE SAID NAVIGATION DISTRICT FOR A 30 -YEAR TERM, FOR NOMINAL CONSIDERA- TION, IN CONJUNCTION WITH DEVELOPMENT OF THE BAYFRONT SCIENCE PARK PROJECT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A LEASE AGREEMENT WITH THE NUECES COUNTY NAVIGATION DISTRICT N0. 1 FOR LEASING FOR PARK PURPOSES OF .115 ACRES OF LAND OWNED BY THE SAID NAVIGATION DISTRICT FOR A 30 -YEAR TERM, FOR NOMINAL CONSIDERATION, IN CONJUNCTION WITH DEVELOPMENT OF THE BAYFRONT SCIENCE PARK PROJECT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT IN ORDER TO PROVIDE ADDITIONAL PARK AND RECREATION AREA FOR THE BENEFIT OF THE PUBLIC AND CITIZENS OF THE AREA CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE II-Wd � DAY OF AUGUST, 1971. ATTEST: 0 CITY SECRE AR' IKAYOff THE CITY OF S CHRISTI, TEXAS APPRED: %A P [DAY OF AUGU T, 1.97 : CI' Y ATTORNEY � 10435 MASS FOR PAI;K PURPOSES THIS MASE is executed in duplicate this day of , 197.1, by and between Nueces County Navigation District No. 1, acting herein by and through its Navigation and Canal Commissioners, hereunto duly authorized ( "District "), and the City of Corpus Christi, Texas ( "City"); and WITNESSETH: I. The hereinafter described land of .48 acres, more or less, owned by District lies adjacent to the ship channel at the Port of Corpus Christi. It is advantageous to District that the same be developed and used for park purposes for the benefit of the public and citizens of the area. City has agreed to develop and use the said tract for park purposes and for park purposes only. In consideration of the premises and the sum of Ten Dollars ($10.00) and other valuable considera- tions to District paid by City, District hereby leases to City, and City accepts from District-.,' the following described land, to -wit: Being a parcel of land out of Block 105 of the Beach Subdivision of the City of Corpus Christi, Texas, and more particularly de- scribed as follows: Beginning at a point on the northwest corner of Lot 8, Block 105 and the East R.O.W. line of Water Street. Thence along said East R.O.W. line N. 10° 37' W. a distance of 187.9' to the NW corner of this tract. Thence S. 63° 13' E. a distance of 232.0' to the most northerly corner of the Corps of Engineers Reservation. Thence S. 250 321 W. a distance of 58.2' to the NE corner of Lot 8, Block 105. Thence along the North line of said Lot 8 S. 790 23' W. a distance of 150.0' to the place of beginning and containing in all 0.118 acres, more or less. -1- TO HAVE AND TO MOLD unto City for the full term of thirty (30) years from the 1st day of August.' 1971, to and including the 31st day of July, 2001. II, City shall use the leased premises only for the pur- pose of developing and maintaining the same as a park as part of the public park system of the City of Corpus Christi. City will make no other use of the said premises without the writ- ten consent of District first obtained. III. In the event the leased premises is not developed and put to use as a park on or before July 31, 1976, this lease shall terminate and be of no further force and effect as of such date. IV. The leased premises shall not be sublet nor shall this lease be assigned without the consent of District in writing first obtained. V. At the termination of this lease City will peaceably and quietly deliver up the leased premises in good order and condition and in a clean and neat condition with all of City's property removed and the land restored as nearly as practicable to the condition in which it existed at the beginning of the term of the lease or as District may otherwise agree. VI. District shall not be liable to City or to any of City's employees, patrons, agents or visitors or to any other person for any injury to any person or for any damage to any property caused by any act or negligence -of City or of any user -2- of the leased promises and City agrees to indemnify and hold District harmless from and against any and all loss, damage, liability and expense incurred as a result of City's use and occupancy of the leased premises hereunder for.the purposes authorized in this lease. WITNESS on the day first above mentioned. NUECES COUNTY NAVIGATION DISTRICT NO. 1 By: Its Navigation and Canal Commissioners CITY OP CORPUS CHRISTI By: ATTEST: _ City Secretary APPROVE% - 3- _(Title) THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared R. E. SALLEE, STANLEY J. HULTMAN AND WILLIAM E. CARL, knout to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as -the act and deed of the NUECES COUN'PY NAVIGATION DISTRICT NO. 1 as Navigation and Canal Coicunissioners of such District, and for the purposes and consideration therein expressed. GIVEN UNDER MY NAND AND SEAL OF OFFICE this day of , 1971. Notary-Public, Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared , the of the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1971. Notary Public, Nueces County, Texas 2 i �C i o n a �' A c m z Z: < � r-I no LqrntnMC Q m y c O 2 z D < o n % N La i c 3 .��Tzzo .j � � 1 � ^��• Z • i - .• . �T� EQGE � . �r ice• 3 w, � � 03 Op- - 2EFF a5 � Sy 1�1 CORPUS CHRISTI, TEXAS DAY OF , 19 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, 0 YO THE CITY OF CORPU RISTI, TEXAS �+Y _ TH� /CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: C\ RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSOUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO+IG TE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ ' REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK