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Home My WebLink About15405 ORD - 03/12/1980• 1p:2-5-80;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER 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 MAIN- TAINING A SCHOOL RECREATIONAL AND PARKING AREA, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a lease agreement with the Tuloso-Midway Independent School District, leasing to the said Tuloso-Midway Independent School 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, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. 15405 THE STATE OF TEXAS Q COUNTY OF NUECES This Agreement made and entered into this the day of , 1980, by and between the CITY OF CORPUS CHRISTI,. TEXAS, a municipal corporation, hereinafter called "City", and the TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRICT, hereinafter called "District": WITNESSETH: The City for valuable consideration does by these presents lease and demise unto the District, --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. Linkenhoger 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 44.07': 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.57° 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. 32° 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. 57° 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. 32° 09' 30" E. a distance of 723.75' to a point; Thence S. 57° 50' 30" E. a distance of 500.00' to a point; Thence N. 32° 09' 30" E. a distance of 420.00' to a point; Thence S. 57° 50' 30" E. a distance of 267.60' to a point; Thence S. 32° 09' 30" W. a distance of 420.00' to a point; Thence S. 570 50' 30" E. a distance of 200.00' to a point; Kxi1 /3"7 •A4 Thence S. 320 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 , 1980, and ending five (5) years from that date, subject to the following conditions and covenants: .(1) The District 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 City 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 District that the premises shall be used for the establishment and maintenance of school recreational and parking area. District 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 City's written approval. At the expiration of the lease term, any and all of the improvements placed on said premises by the District . may be removed. The City shall have joint use of the property, subject to the right of the District to have the exclusive control of said area during school hours, providing that City retains the right to develop any portion of the leased area not being used by District 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 agreement -shall be consid- ered to be in all things terminated, cancelled and of no further force and effect. (3) District agrees to pay for all utilities used by it or the premises leased by it, or used by any activity sponsored by it. -2- (4) District agrees to conform to all rulesset out by the City Manager of the City of Corpus Christi, Texas, for the operation of the leased premises. (5) The District 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 Health, Sanitation,. Fire, and Police Department for the correction, prevention and abatement of nuisances and/or hazards in, upon or connected with said premises during the tern[ 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. - ATTEST: City Secretary APPROVED: 2..(--; DAY OF thk J. BRUCE AYCOCK, ITY ATTOR EY 'CITY OF CORPUS CHRISTI, TEXAS By , 1980: By Asst. City Attorney Director of Finance ATTEST: Secretary -3- R. Marvin Townsend City Manager TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT By • • . . That the foregoing ordinance w s read for tfirst time a passed to its second reading on this the day of , 19 Y2 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for third reading on this the 1.3 day of following vote: Luther Jones Edward L. Sample 0. Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordin was read for the third time and passed finally on this the 12- day of ( , 19' O , by the following vote: passed to its , by the Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the ,Z day of �i / 19 8d ATTEST: �Cl'ty Secretary APPROVED: .- DAY OF , 19A/ : J. BRUCE AYCOCK, CITY A ORNEY ,d2.6 By Assistant Ci ij fttorney MAY /ft ./ THE C/ Y OF CORPUS CHRISTI, TEXAS 15405 PUBLISHER'S AFFIDAVIT STATIC. OF TEXAS. tss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came Elma Rodela who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Accounting Clerk Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTIC&S NOTICE is hereby given that the City�Council of the City of Copus Christi... of which the annexed is a true copy, was published in ...._...Gasnus.-ti inti Ce,j.l,er-TL.reR_,_.__._— r_ on the..3.$t<h. day of.I.ebs.ttarx 19.91).., and once each.. iffliONAAADVOi consecutive — 1 Times 403.10 Elora Rodela r Accounting Clerk Subscribed and sworn to before me this fist day of Febnifi Y 19..90_._._ Lois Winn Notary public, Nueces County, ` T 1I NOTICES NOTICE Is hereby given that the c1l of the ity of aflhes,on he 17February, reed, gfon second reading,, previously epprove9 ottIr,t reading on the 6$t, day of February, 1an ordinanceauthor- ring th er- ringthe City Manager to ex- ecute cu a 0050 agreement wlttl the -Tuloso-Mitlway Inde • pendent School District a tract of approximately 9.55 crew of lend In West Guth Park, for a period of five years, for the purpose of es- abllshing and maintaining e chool recreational and parking area. The full text of said ordinance Is available to the public In the Office of the City Secretary. ITNESS my hand this 1490 ey of February, 1990. •a-BIII G. Read, City Secretary Corpus Christi, Texas. STATE OF TEXAS, County of Nueces. }as : PUBLISHER'S AFFIDAVIT • Before me, the undersigned, a Notary Public, this day personally came ................ Elmo Rodela —, who being first duly sworn, according to law, says that he is the Accounting. Clerk of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICES NOTICE is hereby given that the City Council of the Cthty of Corpus Chritti... of which the annexed is a true copy, was published in __Cs/ x84S_ChFl t_� Caller-Tiglga.._...___ on the. 11 day of February 193:0 ., and once each consecutive 1 " Times. $^20.02 Elma Rodela 1\ =....- CEJ Accounting Clerk Subscribed and sworn to before me this 12th day of February 19 80 Lois Winn Notary P lic, Nue es County. Texas PUBLIC NOTICES NOTICE Is hereby given that the City Cuuncll of the City al _C_QQQr___pus Christi hes, on she [,o hestrery- ingpa u led on utho reed- ing the n Manage to execute the City greeger to hcthe a lease agreement witheent SuioOI District is wct Independent of ap- Sroxi atelycitracte}eof red in West 9.55thacres,fof end d of fie ye Party for a cried of f es abaci, for the noose ai of establishing and slatelnlnp a parking school ea. The crea- Ill ai text do parking ina n e Is lull labt o1 sale public in t Is he available of to the the City Secretary. WITNESS my hand this 755 day of February, 1530. •s -Bili G. Read, City Secretary Corpus Christi, Texas