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HomeMy WebLinkAbout031635 ORD - 12/11/2018 1 Ordinance amending Ordinance 031525 regarding conveyance of Parker Pool property located at 654 Graham Road to Nueces County and authorizing Agreement for Payment for Utilities. Whereas, in accordance with Section 272.001(1) of the Texas Local Government Code, the City Council may provide for the donation or sale of property to a political subdivision to carry out a municipal public purpose; Whereas, the City Unified Development Code Section 3.82 provides an exemption to platting for acquisition of land for a governmental purpose by dedication, condemnation or easements; Whereas, in accordance with Section 212.0045 of the Texas Local Govenrment Code, the City determines the subdivision required of the Parker Pool property to Nueces County does not require platting; Whereas, on August 28, 2018, the City Council authorized the conveyance of"Parker Pool Property" located at 654 Graham Road to Nueces County via Ordinance 031525; Whereas, said "Parker Pool Property" was defined in said Ordinance as "approximately 0.63 acreage of land located at or near 654 Graham Road including the following improvements: the swimming facility known as 'Parker Pool' including adjoining restroom facilities and adjacent parking"; Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1: Ordinance 031525 is modified to amend definition of the"Parker Pool Property" to be approximately 0.46 acreage of land located at or near 654 Graham Road including the following improvements: the swimming facility known as "Parker Pool" and including adjoining restroom facilities. Section 2. The City Manager or designee is authorized to execute all documents to convey the "Parker Pool Property" to Nueces County subject to the imposition of following reasonable terms and conditions in the conveyance documents including: (a) a restriction that the Parker Pool Property will be used by Nueces County in carrying out a purpose that benefits the public namely for public recreational swimming; (b) a reversion clause in the City's beneficial favor, if Nueces County ceases to use The Parker Pool Property for public recreational swimming purposes; and (c) the lease between the City of Corpus Christi and the Coastal Bend Friends of the Aquatics is to be assigned to Nueces County. A copy of the Special Warranty Deed is attached as Exhibit A. Section 3. That the City Manager or designee is authorized to execute the Agreement between City of Corpus Christi and Nueces County Regarding Parker Pool Property Payment for Utilities, Use and Transfer of Property ("the Agreement") by which the City agrees to pay up to $10,000 a year for the electricity and water at the Parker Pool Property 031635 SCANNED 2 for 25 years as long as Nueces County continues to operate and provide for operation of the Parker Pool Property as a public swimming pool with general public swim program open to the public for a minimum of 20 hours per week, weather and conditions permitting. The agreement provides that the City will appropriate the aforesaid funds for each year it appropriates funds for provisions of aquatics to its citizens, which obligation shall expire the earlier of (1) the County's termination of this Agreement or (2) 25 years from the effective date of the Agreement. The Agreement allows users of the Parker Pool Property use of the City parking lot adjacent to the Parker Pool Property. A copy of the Agreement is attached as Exhibit B. Section 4. That the City Council finds and determines that the conveyance to Nueces County qualifies for platting exemption as provided for in Section 3.8.2. In addition, in accordance with Section 212.0045 of the Texas Local Government Code, the City Council finds and determines that the subdivision required to convey The Parker Pool Property to Nueces County does not require platting. Section 5: If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision of this ordinance be given full force and effect for its purpose. That the forgoing ordinance was read for the first time and passed to its second reading on this the HI way of V.M 0,12.ArNidca/ , 2018, by the following vote: Joe McComb --4— Ben Molina I/ Rudy Garza _alEverett Roy L4 nn Paulette M. Guajardo 0 Vacant Vat t t Michael Hunter C Ati" Greg Smith Debbie Lindsey-Opel OLT., Thgt pxe'foregoin ordinance a's read for the second time and passed finally on this the day of ?Q 0.�,lwt -ki'� > , 2018, by the following vote: Joe McComb i i° Ben Molina A_ , Rudy Garza Everett Roy I f Paulette M. Guajardo I . '/ VacantI& _�}; IA,' Michael Hunter I I, Greg Smith a, !v..%F- __Ii.FI Debbie Lindsey-Opel 1131635 3 141.-- PASSED AND APPROVED, this the I I day of , 2018. ATTEST: Re ecca Huerta Joe . omb City Secretary Ma, or 4 EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED DATE: , 2018 GRANTOR: CITY OF CORPUS CHRISTI,a Texas home-rule municipal corporation GRANTOR'S MAILING ADDRESS(including County): P. 0. Box 9277 Corpus Christi,Texas 78469-9277 Nueces County,Texas GRANTEE: NUECES COUNTY GRANTEE'S MAILING ADDRESS(including County): P.O. Box Corpus Christi,Texas 784_- Nueces 84=Nueces County,Texas CONSIDERATION: TEN AND N0/100 DOLLARS ($10.00)the receipt of which is acknowledged and other valuable consideration. 5 PROPERTY: The Land described by Metes and Bounds on Exhibit Al Together with and including all of Grantor's rights, title, and interest and in the rights and appurtenances in any way belonging or appurtenant to the Land, including without limitations: (i) any improvements on the Land; (ii)strips and gores, if any,adjacent or contiguous to the Land;(iii)any land lying in or under the bed of any street,alley,road,creek or stream running through,abutting or adjacent to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters; and (v) easements, rights of ingress and egress, and prior reversionary interests benefiting or serving the Land (the Land and other appurtenant rights being referred to herein as the"Property"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: The conveyance recited above is made and accepted subject to all presently valid restrictions, reservations, covenants, conditions, rights-of-way, easements, mineral leases and royalty and mineral conveyances now outstanding and of record, if any, in Nueces County, Texas, affecting the above- described PROPERTY, as well as any restrictions, reservations, conditions, and covenants contained in this instrument. The sale of the Property is without minerals. GRANTOR reserves unto itself all of its right,title and interest, if any, in and to the oil,gas and other minerals in,on,or under the Property. In addition, this conveyance recited above is made and accepted subject to the Lease Agreement dated as of July 22,2014 between the GRANTOR and Coastal Bend Friends of Aquatics Regarding Use of Parker Pool,a copy of which has been provided to GRANTEE. It is the intent of GRANTEE to operate or provide for operation of a public swimming pool open to the public at the PROPERTY. If the GRANTEE ceases to provide for operation of a public swimming pool at the PROPERTY,specifically fails to budget for its operation, through revenues or otherwise, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in GRANTOR without the necessity of any further act on the part of or on behalf of GRANTOR,it being the intent of GRANTOR to convey a determinable estate to GRANTEE. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR'S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR'S BEHALF, BUT IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. 6 GRANTOR, for the CONSIDERATION and subject to the RESERVATIONS FROM AND EXCEP- TIONS TO CONVEYANCE AND WARRANTY,GRANTS,SELLS,AND CONVEYS to GRANTEE the PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to GRANTEE, GRANTEE'S successors and/or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the PROPERTY, except the RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY, to GRANTEE and GRANTEE'S successors and/or assigns against every person whomsoever lawfully claiming or to claim the same,or any part thereof, by,through,or under GRANTOR but not otherwise. When the context requires,singular nouns and pronouns include the plural. (EXECUTION PAGE AND EXHIBIT Al METES AND BOUNDS FOLLOWS) 7 GRANTOR: CITY OF CORPUS CHRISTI By: Keith Selman, Interim City Manager THE STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of , 2018, by Keith Selman, Interim City Manager,of the CITY OF CORPUS CHRISTI,a Texas home-rule corporation, on behalf of the corporation. Notary Public,STATE OF TEXAS ACCEPTED AND AGREED TO BY GRANTEE:NUECES COUNTY By: Name: 8 Title: THE STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of , 2018, by (title), of NUECES COUNTY. Notary Public,STATE OF TEXAS AFTER RECORDING RETURN TO: City of Corpus Christi Attn: Director of Parks and Recreation P. O. Box 9277 Corpus Christi,Texas 78469-9277 Metes and Bounds Exhibit Al [TO BE INSERTED] URBAN _ ENGINEERING Job No. 043201.B8.06 August 6,2018 0.63 Acre Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.63 Acre Tract, out of Lot D, Laguna Business Center, a map of which is recorded in Volume 27, Page 6, Map Records of Nueces County, Texas; said 0.63 Acre Tract, being more fully described by metes and bounds as follows: Commencing, at the South corner of a 1.044 Acre Tract, as described in a Special Warranty Deed from Melba Welsh Chatham, Bea Weicher Irvin, Independent Executrix of the Estate of Jane Welsh Reyes, Agnes Welsh Reyes Eyster, and N. J. Welsh, III, to the City of Corpus Christi recorded in Document Number.939941, Official Public records of Nueces County, Texas, on the Northeast Right-of-Way line of Graham Road, a 60 foot wide public roadway, for the West corner of the said Lot D, from Whence, a 5/8 Inch Iron Rod Found, for the West corner of the said 1.044 Acre Tract, bears North 61°34'51" West, 85.09 Feet; Thence, South 61°26'08" East, with the common boundary line of the said Lot D and Graham Road,421.99 Feet,to the Point of Beginning and for a corner of this Tract; Thence,over and across the said Lot D, and with the boundary of this Tract as follows: • North 28°3428" East, 54.48 Feet; • North 61°25'32" West, 144.93 Feet,to the West corner of this Tract; • North 28°3428" East,45.75 Feet; • South 61°25'32" East, 72.15 Feet; • North 73°13'28" East,43.06 Feet; • North 16°46'05" West, 15.49 Feet; • North 61°25'32" West, 25.50 Feet • South 73°06'13" West,40.99 Feet; • North 61°25'32" West, 23.67 Feet; • North 15°51'03" West, 19.80 Feet; • North 61°25'32" West, 78.38 Feet; • North 28°34'38" East, 58.50 Feet; • North 89°50'42" West, 21.20 Feet; • North 16°29'42" West, 2.00 Feet; • North 28°33'52" West,48.06 Feet; • North 73°32'30" East, 2.00 Feet, to the North corner of this Tract, from Whence, a Pinched Iron Pipe Found, for the North corner of Lot D, bears North 61°25'42" West, 179.68 Feet,North 28°33'52" East,298.96 Feet; • South 16°54'35" East, 34.69 Feet; • South 61°25'32" East, 36.22 Feet; S:\Surveying\43201\B806\OFFICE\METES AND BOUNDS\FN_43201_0.63Ac_20180807.Doc Page I of 3 OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 •TBPLS Firm# 10032400 • North 28°34'28" East, 35.42 Feet; • South 61°26'08" East, 36.12 Feet; • South 03°23'20" East, 25.21 Feet; • South 61°25'32" East,23.73 Feet; • South 16°41'37" East, 39.52 Feet; • North 74°01'07" East, 82.14 Feet; • South 16°29'50" East,25.74 Feet; • South 71°14'32" West, 8.72 Feet; • South 28°34'28" West,22.67 Feet; • South 16°56'32" East,4.45 Feet; • South 61°30'46" East, 27.27 Feet; • North 73°09'48" East, 102.35 Feet; • South 16°57'36" East, 5.00 Feet, to the East corner of this Tract, from Whence, a 1/2 Inch Iron Pipe Found, for the Southeast corner of Block C-3, Laguna Business Center, a map of which is recorded in Volume 45, Page 8, Map Records of Nueces County, Texas, bears South 61°25'32" East,91.40 Feet,North 28°33'52" East,670.63 Feet; • South 73°02'24" West, 104.15 Feet; • North 61°25'32" West, 38.81 Feet; • South 72°12'56" West, 13.13 Feet; • South 28°34'28" West, 39.96 Feet; • South 72°16'41" West,42.66 Feet; • South 28°3428" West, 31.44 Feet; • South 61°25'32" East, 77.73 Feet; • South 28°34'28" West, 78.48 Feet, to the said common boundary line of Lot D and Graham Road; S:\Surveying\43201\B8061OFFICE\METES AND BOUNDS\FN_4320I_0.63Ac_20I 80807.Doc Page 2 of 3 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.corn TBPE,Firm# 145 •TBPLS Firm 0 10032400 Thence, North 61°26'08" West, with the said common boundary line, 24.00 Feet, to the Point of Beginning,containing 0.63 Acres(27,443 Square Feet)of Land, more or less. Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. 0.63 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this description may be in violation of the current City of Corpus Christi subdivision ordinance. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described herein. U BAN ENGINE NG '•cQQ.G1S^ERfj We JAMES DAVID James D.Carr,R.P.L.S. \ 69558 :` License No.6458 4,,96'rEssepAss 4rij S:\Surveying\4320I\B806\OFFICE\METES AND BOUNDS\FN_4320I_0.63Ac_20I80807.Doc Page 3 of 3 OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE, Firm# 145 •TBPLS Finn# 10032400 LINE BEARING DISTANCE Block C-3 L1 N28'34'28"E 54.48' Dedicoted Drainage Easement Laguna Business Center L2 N28'34'28"E 45.75' Laguna Business Center Vol. 27,Pg. 6,Mop • L3 N73'13'28"E 43.06' Vol.27•Pg'6•Moa Records of Nueces County, Texas L4 N16'46'05'W 15.49' Records of Nueces county,Texas L5 N61'25'32"W 25.50' • N L6 S73'06'13"W 40.99' m L7 N61'25'32"W 23.67' ei L8 N15'S1'03"W 19.80' °�' (?S561'25'32"EN91.40' L9 N28'34'38"E 58.50' • \\ . L710 N86'29'42"W 200' • tc U7w' �O L12 N28'33'521 48.06' /.,i. (?j �• L13 N73'32'30"E 2.00' =.161'25'42'w 179.6e �t ( 1�� '� L14 516'54'35"E 34.69' L15 561'25'32"E 36.22' o (�* J L19 i 1, 70L16 N28'34'28"E 35.42' L17 S61'26'08"E 36.12' 8g N 115 % O,�sj� o L18 503'23'20"E 25.21' "` 7 ♦ * US General Notes: o" L19 561'25'32"E 23.73' eg r 1.)Grid Barings and Distances Mlown hwson an g L20 516'41'37"E 39.52' �O L27 referenced to the T xae Coordinate S L21 S16'29'50"E 25.74' 4'38.0 ./'a 0.69 Acres s1' 1953. Taw.South Zone 4205,and S.based l`" L22 571.14'32"/8.72' sea" (lI �" an the North American Datum of 190.7(2011) ; L23 528'34'28"W 22.67' (27.44$ sq ,, w Epoch 2010.00.(Record Bearing/Distance) L24 516'56'32"E 4.45' g L25 561'30'46"E 27.27' 2)Some feature shorn on this Survey may be L26 516'57'36"E 5.00' ,3 out of cede for clarity. L27 N61'25'32"W 38.81' 3.)Me survey was prepared non field data L28 572'12'56"W 13.13' ,p obtained an August 3,2015. L29 528'34'28"W 39.96' N51.2.5.3219 78.38' 4\ L7 �O �/ L30 572'16'41"W 42.66' 4.)0. 63Acre Tract is located within the City L31 '28''W 31.44' limits of Carpus Christi, Texas and a L32 N61 N61'2626'08'Y/24.00' 961'25'32"E 72.15' eubdividm basad an thie sketch/deso40of may be In violation of the want City of Lot 0 Copus Chrietl nubdMelon crdklance. Laguna Business Center S61'25'32'E 77.73' Vol. 27, Pg. 6, Map Records of Nueces County, Texas g 1. Sketch to Accompany N61'25'3219 144.93' P FlELDNOTES for a 0.63 Acre Tract, out of Lot D,Laguna 03 N Business Center, a map of which is recorded in Volume =I "A 27, Page 6, Map Records of Nueces County, Texas Point of Commencment Point of Beginnin�Cg\ N61'34'51•Wb 961'26'08'E 421.99' ^ ` 132 -0 85.09' V DATE: Au.p. 08, 2018 Leoend: Graham Road URBAN SCALE: 1 50' •,/z IndSHEET:hon Rad Found « ROYn ENGINEERING SOB T' 1 OF 1 43201.88.06 Sr Inch Iron Pb.Pinched Found 0 5/e Inch Iron Rod Found n .M ,3.. ......,«aa, DRAWN BY: MDG urban surveyl Ourban eng.cont 02018 by Urban Engineering A 1- 314 .. .„. %4x,,, ,, .. —, • ,, , • , vOitt4,4*, ..:„i:1:4,!;-4,t,„,„-roko,4 4 JO 'o,'44Eth*,.. ,,.. ,...:',,,..,:•.;,-;.csi,,.-,4,4,--t- (,' :• . Iii.'''SIA,ji', t" 5.:' ,,.. .. '' ''..',:,''::.0.';''' , .. tr.' , .. / .,• ` t... ' . . 0.46 Acres re' - ..- , .. . , . . . • ,. ..., • ...00......- ., (20,043 sqft) ....•.)'.1r0.4,,,...„ .9,,,, ,. ,, , ..$4, ,. . _ _ ,,, t, ,,,, - „, .. , t, 0 ,, * , ' , 4t r , ,4r, , • , , 9 EXHIBIT B AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY REGARDING PARKER POOL PROPERTY PAYMENT FOR UTILITIES, USE OF AND TRANSFER OF PROPERTY This Agreement is made and entered by and between the County of Nueces, hereinafter referred to as"County", and the City of Corpus Christi, a Texas home-rule municipal corporation hereinafter referred to as "City"; WITNESSETH: WHEREAS, on July 22, 2014, the City entered into a Lease Agreement with Coastal Bend Friends of the Aquatics ("the Lease") regarding use of Parker Pool which provided that Coastal Bend Friends of the Aquatics agreed to utilize the Parker Pool for the purposes of providing a swim program for its membership and also requiring operation for a general public swim program for a minimum of 20 hours per week, weather and conditions permitting; WHEREAS,the City has been providing for water and wastewater utilities and payments for electricity service for the Parker Pool property during the term of the Lease to date; WHEREAS, the Corpus Christi City Council authorized the City Manager to execute all necessary documents to convey acreage of land located at or near 654 Graham Road including the following improvements: the swimming facility known as "Parker Pool" including adjoining restroom facilities, (hereinafter referred to as "The Parker Pool Property") to Nueces County subject to the imposition of following reasonable terms and conditions in the conveyance documents including: (a) a restriction that The Parker Pool Property will be used by Nueces County in carrying out a purpose that benefits the public namely for public recreational swimming; (b) a reversion clause in the City's beneficial favor, if Nueces County ceases to use The Parker Pool Property for public recreational swimming purposes;and (c)the lease between the City of Corpus Christi and the Coastal Bend Friends of the Aquatics is to be assigned to Nueces County; WHEREAS, upon transfer of Parker Pool Property Nueces County will need use of City- owned adjacent parking lot to serve those individuals visiting Parker Pool; WHEREAS, the City as long as County operates Parker Pool for public recreational swim agrees to allow County access and use of the adjacent parking lot; NOW THEREFORE, this contract is made and entered into by County and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("The Agreement"): 1. PURPOSE OF AGREEMENT The purpose of the Agreement is to provide for the payment for water, wastewater and electricity costs for continued operation of Parker Pool Property during the period of this Agreement,to transfer the Parker Pool Property and to grant County a license to use the parking lot adjacent to Parker Pool, ("Parking Lot") herein set out in attached Exhibit B1. 10 2. DUTIES OF THE COUNTY A. County agrees to execute all documents necessary to accept the assignment of the Lease and accept transfer of Parker Pool Property from the City. B. County agrees to provide for operation of the Parker Pool Property as a public swimming pool, through the Lease or other means, with general public swim program open to the public for minimum of 20 hours per week, weather and conditions permitting and so long as City continues to provide payment as described herein for water,wastewater and electricity service for the property. C. City agrees to allow County use of the Parking Lot,for parking by those visiting Parker Pool. This license for use of the Parking Lot shall continue as long as this Agreement is in effect. Parking Lot remains property of the City under its control, including maintenance. 3. DUTIES OF THE CITY A. City agrees to execute all documents necessary to assign the Lease to the County and transfer the Parker Pool Property to the County. B. City agrees to provide for payment for the water,wastewater and electricity service for Parker Pool Property during the term of this Agreement up to a total maximum amount of$10,000 per City fiscal year, subject to annual appropriation of funds, and as long as the County continues to operate or provide for operation of the Parker Pool Property as a public swimming pool with general public swim program open to the public for minimum of 20 hours per week, weather and conditions permitting. The City agrees that it will appropriate the aforesaid funds for each year it appropriates funds for provision of aquatics to its citizens, which obligation shall expire the earlier of(1) the County's termination of this Agreement or (2) 25 years from the effective date of this Agreement. 4. TERM AND TERMINATION This Agreement shall have term of one year beginning October 1, 2018(the effective date)and continuing until September 30, 2019,and shall have automatic renewals for up to 24 successive additional annual renewal periods, unless earlier terminated by the County. If there is noncompliance with one or more of the provisions contained herein, written notice shall be provided to the non-compliant party to cure or begin curing the default within ten (10) days of receipt of notice. If compliance has not been achieved within ten (10) days of receipt of said notice, this Agreement will terminate upon written notice of termination and listing one or more areas of continued noncompliance and obligations of each party under this Agreement shall cease as of date of termination. 5. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE COUNTY JUDGE: County Judge Nueces County Courthouse 901 Leopard, Rm 303 Corpus Christi, Texas 78401 11 TO THE CITY: The City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 6. NO WAIVER OF GOVERNMENTAL IMMUNITY County and City agree that both County and City shall each be responsible for their own negligent acts or omissions in the performance of this Agreement, without waiving any sovereign governmental immunity available to either County or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. Neither party shall incur any debts or obligations on the credit of the other party. 7. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 8. NONDISCRIMINATION Parties to this Agreement shall not discriminate on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation. 9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified or amended except by an instrument in writing executed by the parties hereto as herein provided. 10. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 11. DEFAULT/WAIVER/MITIGATION It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 12. AMENDMENTS This Agreement may be modified or amended by written agreement of the parties. Modifications or amendments which do not change the essential purpose of this Agreement may be agreed to by the City Manager for the City and the County Judge for the County. 13. APPROVAL 12 IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of Nueces and the City of Corpus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI By: Samuel Keith Selman Interim City Manager Date: APPROVED AS TO FORM: By: Lisa Aguilar, Assistant City Attorney For the City Attorney NUECES COUNTY By: Samuel Loyd Neal, Jr. County Judge Date: 13 Exhibit B1 '„.. ,-,; .:-. , _, ,,,,,„ii,„ ..„ ,,,,,,„,,,,,,,,, 4,,,_ 4.#1,;,-.,...,,...; - .. ,.. 4. ' 4k �` � ./ 41'x.:;^. � �` 4,1 11 ti, 4 w! = ak !En + -- , .„ .4,67,7:,:, ,� ' {20043 sgft) �"� 0.46 Acres A'.'',,,''': '' ","N.,,t, ' ," 41 * � v, f' * %., Y J o o s 5:'e ®' CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: Legistar Number: 18-1274 December 11, 2018 Agenda Item: Ordinance amending Ordinance 031525 regarding conveyance of Parker Pool property located at 654 Graham Road to Nueces County and authorizing Agreement for Payment for Utilities. Amount Required: $10,000.00 Fund Name Accounting Unit Account No. Activity No. Amount General Fund 1020-13032-142 530080 $10,000.00 Total 1020-13032-142 530080 $10,000.00 Certification Not Required Director of Financial Services Date: DEC 0 3 2018