HomeMy WebLinkAbout11870 ORD - 01/16/1974JRR:jkh:hb:12 /11/73:
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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 1. That the City Manager be, and he is
hereby, authorized and directed to execute, for and on be-
half 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 rec-
reational and parking area, a copy of which agreement is
attached hereto and made a part hereof.
11870
THE STATE OF TEXAS X
COUNTY OF NUECES X
This Agreement made and entered into this the
day of , 1973, by and between the CITY
OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter
called "Lessor ", and the TULOSO- MIDWAY INDEPENDENT SCHOOL
DISTRICT, hereinafter called "Lessee ":
W I T N E S S E T H:
The Lessor for valuable consideration does by these
presents lease and demise unto the Lessee, the following
described premises, to -wit:
Beginning at a point in the North Right of
Way line of State Highway No. 9 whence the
original Southwest corner of the E. Linken-
hoger tract recorded in volume 361, Page 25
of the Nueces County Deed Records and the
Southeast corner of a 137.12 -acre tract to
H. E. Woodruff, Trustee, recorded in Volume
449, page 245 of the Deed Records of said
Nueces County bears South 44.071;
Thence with the common boundary of said
E. Linkenhoger Tract and H. E. Woodruff
Tract North 419.07' to the southerly
Southeast corner of the Tuloso- Midway
Independent School District 15 -acre tract,
continuing North along the East boundary
line of said 15 -acre tract 769.23' to the
northerly Northeast corner of said 15 -acre
tract and place of beginning;
Thence N.570 50' 30" W. with the common
property line of said 15 -acre school tract
and West Guth Park a distance of 757.54' to
the most northerly Northwest corner of said
15 -acre school tract;
Thence S. 320 09' 30" W. with the common
property line of said 15 -acre school tract
and West Guth Park a distance of 523.75'
to a common corner of said 15 -acre school
tract and West Guth Park;
Thence N. 570 50' 30" W. with the common
property line of said 15 -acre school tract
and West Guth Park a distance of 210' to the
most westerly Northwest corner of said
15 -acre tract;
Thence N. 320 09' 30" E. a distance of 723.75'
to a point;
Thence S. 571 50' 30" E. a distance of
500.00' to a point;
Thence N. 321 09' 30" E. a distance of 420.00'
to a point;
Thence S. 570 50' 30" E. a distance of 267.60'
to a point;
Thence S. 320 09' 30" W. a distance of 420.00'
to a point;
Thence S. 57° 50' 30" E. a distance of 200.00'
to a point;
Thence S. 32° 09' 30" W. a distance of 200.00'
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 , 1973, and ending five (5)
years from that date, subject to the following conditions and
covenants:
(1) The Lessee hereby and by these presents agrees
to accept said premises in its present condition, to maintain
said premises during said lease term in a clean and sanitary
condition, and at the expiration thereof to return said premises
to Lessor in as good a condition as when received, reasonable
use, wear, acts of God, 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 is authorized
to erect and maintain such temporary improvements as might be
necessary or convenient for the intended use of said premises,
but no permanent improvements shall be erected or maintained
on said premises without first obtaining the Lessor's written
approval. At the expiration of the lease term, any and all of
the improvements placed on said premises by the Lessee may be
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
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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 control 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.
Notwithstanding any other provision hereof, either
party hereto shall 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 expiration of thirty
(30) days from the receipt of such written notice this agree-
ment shall be considered to be in all things terminated, can-
celled 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 by any activity
npcns,a aC.d Ly it.
(4) Lessee agrees to conform to all rules set out
by the City Manager of the City of Corpus Christi, Texas,
for the operation of the leased premises.
(5) The Lessee shall promptly execute and fulfill
all of the ordinances of the City of Corpus Christi applicable
to said premises and all orders and requirements imposed by
the Board of Health, Sanitary, Fire, and Police Departments,
for the correction, prevention and abatement of nuisances and /or
hazards in, upon or connected with said premises during the
term of this lease at its own expense.
(6) 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.
(7) This contract contains all the provisions
agreed upon by -the parties hereto and displaces all previous
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verbal or oral agreements.
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
By
R. Marvin Townsend
APPROVED:
7i _DAY OF , 1973:
TULOSO- MIDWAY INDEPENDENT SCHOOL
DISTRICT
By
s •
That.the foregoing ordinance was read for the first time and passed
to its second reading on this the _ /,2� day ofdtj& 19_Z,3_, by the
following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
That the foregoing ordinance was readdthe eco time and passed
to its third reading on this the
_day 19, by the
following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzales
Gabe Lozano, Sr.
J. Howard Stark
That the forego�gg ordin a was read fo the hird time and passed
finally on this the �iL -day of 19 by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzales
Gabe Lozano, Sr.
J. Howard Stark
PASSED AND APPROVED, this the
ATTEST:
r
City Secretary/
APPROVED:
DAY O 19
-AlAr�
City At orney
A-M d of
MAYOK
THE CITY OF CORPUS CHRISTI, TEXAS