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Home My WebLink About021091 ORD - 03/05/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO EXCHANGE PROPERTY USE REGARDING MARY GRETT SCHOOL AND JOHN JONES PARK FOR PUBLIC PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with the Corpus Christi Independent School District, to exchange property use regarding Mary Grett School and John Jones Park, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. a: ORD3:91010.Skp 02109 �� u AN AGREEMENT THE STATE OF TEXAS § KNOW ALL THESE PRESENTS: COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter call "City", and the Corpus Christi Inde- pendent School District hereinafter called "District". WHEREAS, for the benefit of the public, an agreement to exchange land use regarding Mary Grett School and John Jones Park will provide a cooperative arrangement between agencies that will most efficiently use public funds; and WHEREAS, District needs additional land adjacent to the Mary Grett School, for parking and playground purposes; and WHEREAS, City owns park land adjacent to the proposed loca- tion of the Mary Grett School for the Multi -handicapped suitable for the installation of handicapped playground equipment and parking. NOW, THEREFORE, CITY AND DISTRICT DO HEREBY AGREE AS FOLLOWS: 1. This agreement shall be effective sixty (60) days after final approval by City Council and may be terminated in writing by either party at any time, upon thirty (30) days written notice to the other party. The term of this agreement shall be for a term of twenty-five (25) years with an option to renew for a like term with the consent of the City Manager or his designee and with the consent of the District Superintendent or his designee. 2. City will provide use of the property identified as Tract 1 on Exhibit A, attached hereto and made a part hereof. 3. District will install and maintain up to $30,000 worth of playground equipment and facilities in John Jones Park acces- sible by the able and disabled. 4. The District will install and maintain any and all parking improvements within the area identified as a parking area within Tract 1 of this agreement. 5. District will allow park patrons to use the school parking lot to facilitate access to John Jones Park and play- ground during non -school hours. 6. The playground equipment and the parking lot improve- ments shall be depreciated over the term of this agreement (twenty-five (25) years). If the City elects to terminate this agreement prior to the full term of this agreement, the City agrees to reimburse the District the balance of a twenty-five (25) year amortization for the parking lot improvements and the playground equipment. 7. If the District elects to terminate this agreement prior to the full term of this agreement, the District may, at its option, remove the playground equipment. The parking lot improvements become the property of the City if the District elects to terminate this agreement. 8. As to all activities connected with this agreement, neither party shall be responsible to the other for personal injuries caused by the acts or omissions, if any, of such party or its agents, employees, invitees or subcontractors. Stated otherwise, neither party agrees to indemnify or hold harmless the other party as to personal injuries arising out of such relation- ships and arrangements. The liability, if any, of either party shall be that prescribed by the laws of the State of Texas. 9. Should the City Manager or the Superintendent or their successors desire to change or modify the terms and conditions of this Agreement, the other party shall be provided ten (10) days notice of the desired changes. Both parties shall then enter into good faith negotiations to effect said changes. Notice to change or modify this agreement shall be to: Superintendent of Schools C.C.I.S.D. P.O. Box 110 Corpus Christi, Texas 78403 City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 10. This Agreement shall become effective and shall be biding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. 11. Each party who signs this agreement represents that he or she is duly authorized to sign this agreement. EXECUTED IN DUPLICATE, this the day of , 1991. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan APPROVED: /5 DAY OF-huet Pig/ By 1/4.!i{do-nk, n2/ Assistant ity Attorn Garza, City Manager CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Chris N. Adler, Secretary Leslie LeRoy, •resid Board of Trustees That the foregoing ordinance was read for the first ti its ,second reading on this the 1 day of 1967j , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes AXTtA:s s XX to Frank Schwing, Jr. L.l That the foregoing ordinance was read /for the second time and passed to»ps third reading on this the CJ(- day of („t,'�L(a,ity , 19 , (l by the following vote: Betty N. Turner .0-�[J j Edward A. Martin (IC Cezar Galindo Li_ .0-/Q . Joe McComb (l ,Lf Leo Guerrero Lilt , Clif Moss (217/ Tom HuntaLI,IRIL Mary Rhodes azy, Frank Schwing, Jr. 4/1 That the foregoing ordinance was read for the third tim land passed finally on this the 5 day of �_-tit {) , 19 , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt PASSED AND APPROVED, this the Edward A. Martin C hyj Joe McComb (Z( fin, Clif Moss (ZC Mary Rhodes )t, Frank Schwing, Jr 0_/)L, THE CITY OF CORPUS CHRISTI APPROVED: ^ /5 DAY OF .7�64tt , 199/ : JAMES R. BRAY, /JR., INTERIM/IMCITY ATTORNEY By ✓7 it y At tiv orn (/ Assistant ity Attorney 044 021091