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HomeMy WebLinkAbout05047 ORD - 06/04/1958EB :4 /29/56 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 DI AI STRICT LEASING 0 THE SD TULOSO- MIDWAY INDEPENDEN SCHOOL DISTRICT A TRACT OF APPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAIN'rAIN- ING 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 EXECUTES 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 DI,.STRICT 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. 5o�f� THE STATE OF TEXAS X COUNTY OF NUECES THIS AGREEMENT made and entered into this the day of , 1956, by and between the CITY OF CORPUS CRRIBrI, TEXAS, a municipal corporation, hereinafter called "Lessor", and the TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRICT, hereinafter called "Lessee". ;pp44U m—fy. i The Lessor for valuable consideration does by these presents LEASE and DEMISE unto the Lessee, the following described premises, torwit 1 Heginnin at a point in the north R -O-W line of State Highway whence the original southwest corner of the E. Linkenhoger tract recorded in Volume 361, page 25 of the Nuecss 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 Nueoes County bears South 44.071; Thence hilh the common boundary of said E. Linkenhoger Tract and H. E. Woodruff Tract north 419.071 to the southerly southeast corner of the Tuloso - Midway Independent School District 15 acre tract, ccitinuing north along the east boundary line of said 15 acre tract 769.231 to the northerly northeast corner of said 15 acre tract and place of beginning; TMOE N. 570 50t 30o W. with the common property line of said 15 acre school tract and West Guth Park a distance of 757.541 to the most northeey northwest corner of said 15 acre school tract THENCE S. 320 091 30" W. with the common property line of said 15 acre school tract and West Guth Park a dis m3e of 523.751 to a common corner of paid 15 acre school tract and West Guth Park; THENCE N. 570 501 30" W. with the common property Una of said 15 acre school tract and West Guth Park a distance of 2101 to the most westerly northwest corner of said 15 acre tract; THENCE N. 320 091 30" E.. a distance of 723.751 to a point; THENCE S. 570 501 3011 E. a distance of 500401 to a point; THENCE Ne 320 09' 30" x a distance of 420.00' to a Point; THM S. 50 500 30" E a distance of 267.60 feet to a point; THENCE S. 320 09' 30" W a distance of 420.00' to a Point; THERS S. Sib 50' 30" N a distance of 200.00' to a point; THCRCE S. 320 09' 30" W a distance of 200.00' to a point and place of beginning containing 9.55 acres of land, mare or less, for a term of five (5) years, said levee commencing on the day of , 1956, and ending five (5) years from that date, subject to the following conditions and covenantag (1) The Lessee hereby and by these presents agrees to accept said premises in its present condition, to maintain said rnremises during said lease term in a clean and sanitary condition, and at the expiration thereof to return said preaiece to Lessor in as goad 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 narking area. Lessee is authorized to creot and maintain such temporary improvements as might be necessary or convenient for the intended use of said premises, but no permanent improvements stall be erected or maintained on said premises witt- out first obtaining the Lessor's written apnroval. r,t the expiration of the lease term, any and all of the improvements placed on said premises by the Lessee may be removed. The Park Hoard shall have joint use of the property, subject to the right of the Losses to have the exclusive control of said area during school hours. The right of the Park Board to central the property and its use by the public for recreational purposes shall be in effect at all time 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) day's written notice to the other party to cancel this agreement and terminate the same, ani from and after the expiration of thirt„+(30? days from the receipt of each written notice this agreement shall be considered to be in all things terminated, cancelled and of no further force and effect. (3) The Lessee agrees to pay for all utilities used by it on the premises leased by it, or used by any activity sponsored by 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 abate- ment 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 verbal or oral. agreements. CITY OF CORPUS CHRISTI, TEXAS ATTESTt City Secretary APPROVED AS TO LEGAL FORMS City Attorney BY City Manager TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRIC': BY President, Board of Trustees THAT THE FOREGOING ORDINANCE WAS /READ FOR TIL %E FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE J � DAY OFII -G�-�y 195p; BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS LL ti i B. E. BIGLER.C+^ MANUEL P. MALDONADO, CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE THAT THE FOREGOING ORDINANCE WAS READ FOR THE COND TIME AND 7 PASSED TO ITS THIRD READING ON THIS THE_�_DAY OF Cwt o 195# BY THE FOLLOWING VOTE' FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THAT THE FOREGOING ORDINANCE READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE4DAY OF 195 ir. BY THE FOLLOWING VOTE' FARRELL D, SMIT W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS �T ARTHUR R. JAMES ODELL INGLE / PASSED AND APPROVED, THIS THEJf DAY OF T' 1 Ir 1 TY 5EC"T"YL APPROVED AS TO LEGAL FARM THIS M DAY OF-"A�,�, 1957' THE CITY OF CORPUS CHRISTI, TEXAS ITY ATTORHEy F