HomeMy WebLinkAboutC2007-233 - 7/10/2007 - ApprovedCITY OF CORPUS CHRISTI AND TULOSO-MIDWAY INDEPENDENT SCHOOL
DlSTRICT LEASE OF A PORT~ON OF WEST GUTH PARK
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
W~ereas, City af Corpus Christi previously leased a partion of West Guth Park to
Tulosa-Midway School District which District used for schaol tennis courts;
Whereas, the parties desire to continue fease, to ~ro~ide for red~aced lease area, in
order fo allow District's continued use of Premises for its tennis program;
Now, therefore, the City of Corp~as Christi and Tulaso-Midway Independent School
District, in consideration o~ tF~e mutua! promises and covenants herein, agree as follows:
1. Lease. City leases the Premises to District, subject #o all of the terms and
conditions o# this Lease.
2. Term. The term of this Lease ~s for twenty (20) years begi~ning on t~e 61 St day
after final Cauncil approval, w~ich date is September 8, 2407, unless soaner
terminated, and extending from month to month, ~pon the same #erms and conditions
as se# out hereFn, until a new lease is agreed upon, but not ta exceed ~ 2 a~ditional
months after expiration.
3. De#initions.
A. City - City of Corpus Christ~
B. City Manager - City Manager of Corpus Christi or designee.
C. Council - Corpus ChristE City Council.
D. ~irector - Director of Parks and Recreation Department or designee.
E. Lease - This Lease Agre~ment, including alf Exhibits.
F. District - The Tuloso-Midway Independent Schaol District.
G. Premises. Means approximately D.42 acres of the West Guth Park
iocated, as shown on Exhibit A.
4. District Services and Res onsibilities.
2007-233
07/10/07
Ord027328
TMISD 30
A. Mainte~ance & ~perations. District is authorized to erect and maintain
tenn~s courts for Distric# use on the Premises. District has the sole responsibili#y
to operafe and maintain its tennis courts on the Premises. District shall keep the
Premises in a clean and sanitary condition.
B. Public Use. At all tim~s the District cioes not ha~e use of the tennis
courts iocated on fhe Premises, it agress to make t~em available for p~bfic use.
5. A. District Co~#act Person. For this Lease, District's Contact person is the
Superintende~t.
B. Citv Cor~tact Person. Far this Lease, the City's contact person is the
Directar of Parks and Recreatian.
6. Defa~lt and Cancellation.
A. The folfowing are defau4ts: Fai~ure to ~ceep, perform, and observe all
con~itions and terms contained in this Lease. District wi11 be notified in writing af
any default and have i 5~ays to cure the default.
B. This lease may bE canceled whenever District fails to comply after written
notice af a violatian, recommended cure and period af cure.
C. Notwithstanding any other pro~isior~ hereof, either party fi~ereto sfi~all have t~e
right u}~on thirty (30) days written nofice to the other to cancel this agreement and
terminate the sarr~e.
7. Miscellaneous.
A. Utili#ies. District agrees to pay for aEl utilities associated with its use of the
Premises.
B. Laws. D~strict must comply with all appiicable #ederal, state, and local
Eaws, rules and regulatio~s.
C. Alterations. D~s#rict must not rnake any additions or alterations, other
than general maintenance, to any improvements on the Premises without the
Dir~ctor's prior written consent.
D. Relations~ip. This Lease establishes a Landlord/Tenant
reEationship, ar~d none other. In performing this Lease, both City and District wiil
act in an individuai capacity and not as agents, employees, partners, joint
venturers, or associates of one another. The employees or agents of either party
are r~ot, nor construed #o be, the employees or ag~n~s af the other parry for any
purpose whatsoever.
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E. Assiqnment. Th~s Lease may not be assigned.
F. Lia,~ bility. Neither party agrees to indemnify or hold harmless tne ot~er
party as to persor~al injuries arising out of this Lease Agreement. The liabiiity, if
any, of either party is that prescribed by tF~e laws of the State of Texas.
G. Nondiscrimination. District covenants that all its officers,
employees, agents, students, and invitees wiil be treated equally without regard
to or because of race, reEigion, national origin, sex, age, or disabifity and in
compliance with all federal and s#ate laws prahibi~ing ~iscrirr~ination in
employment.
H. Notice. A!l notices whic~ are required to b~ sent under this Lease
must be sent by certEfied mail or hand defivered as follows:
lf to City:
City of Corpus Christi
Parks and Recreation Department
PQ Box 9277
Corpus Christi, TX 78~69-9277
At~ention: Director of Parks and RecreatEan
(36~ ) 826-3461
lf to District:
Tu4oso-Midway Independent School District
9760 La Branch Street
Corpus Christi, TX 78410
Attention: Super~ntendent
(3~ ~ ) 943-64D0
Either party may change the address to which notice is sent by using the m~thod
set out above.
I. Wai~er. Any waiver by the Parties of a breach of ca~enants, terms,
obiigations, or events of default is not a waiver af any subsequent breach, nor does the
failure to require full compliance with the Lease change the #erms of the Lease or estop
the Parties from er~forcing ~he terms of the ~ease.
J. Surrender. Upon ex~iration ar canceilation of this Lease, Distric# at the
City Manager's written re~uest, will remove the irnprovements and restore the sur#ace o#
the Premises ta a ke~el grade.
K. Publication. District agrees to pay costs of publication of ~his Lease as
may be required by the City Charter.
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EXECUTED W DUPI~ICATE, each of which are considered an original, this the
'+~ day of J~~ ~ , 2aa7.
City of Corpus Christi
By:
Geor . N e, ity anag~r
Date: ~ ~~
Attest:
Armando Cf~apa, Cit Secretary
Tuloso-Midway ISD
By: ~~• ~C~~~ u u
~2~1328' ~u ~ ~~~,«
~Y ~t1~1CIL u ,:.....~ ~ " '
~
s~c~
Legal form approved on May 22, 2007.
By: ~~-t- .~~~ --
Lisa Aguilar,
Assistant City Attorney
For City Attorney
4
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Tuloso-Midway Lease Area
Traet I
STATE UF TEXA~
CQUNTY OF NUECES
BEING a tract of lasd containing O.~Q Acres (13,116 SQ. FT.) of land ouf of
West Gu~h Park, as recorde[~ in Volume 53, Pages 83-86 of the Map Records
of N~eces County, Texas. This 0.30 Acre tract beiag more particularly
described by me~es and bou~ds as follows:
BEGIl~TNING at a Found 1" Iron Pipe, being ~he northerly corner of the Tuloso-Miciway
SchooI Tract as z•ecorded in Volume 55, Page f 1 af the Map Recoxds ofNueees County,
Texas;
THENCE S32°09'30"W along the northwestsrly Boundary Line af said Tulaso-Midway
School Tract, a distance of 2~11.28' to a Point, bei~g tke sovfherFy corner of this tract;
~`I~EENCE NQO°00'00"E through West Guth Park as recorded in Volume 53, Pages 83
through 8fi of the Map Records of Nueces County, Texas, a distance of 204,26' to a Point,
being the narthwest corner of this tract;
THENCE N90°00'4a"E continuing throngh said West Guth Park, a distance of 128.42' to the
POINT AND PLACE OF BEGINNING and containir~g 0.3~ Acres ~f land.
Bearings are with reference to the northwestezly boun~ary line of the Tuloso-Midway School
Tzact as shown on Plat thereof recorded in Vol~me 55, Page 61 of the Map Records vf
Nueces Gounty, Texas.
State of Texas
County vf Nneces
I, Russell Oehs, a Registered Professional Land 5urveyor, hereby certify that the foregoing field
notes were prepared by me from a land survey made on the graund under my direction.
This the 31 ST day of May, 2Q07.
~ ~, OJ~
~S
Russe[I .O
State of Texas License Na. 5,241
~•r E O F T~
~~~P ~ o-~r~q•:~"q
~,•¢~ ~ FO•~l
~ ~klSSELL D.~ bc~'s~
`• .°q 52~'{ p`:'Q'
~~Q~~l1~1 ~~~0
~=• _ ..~
34
TulosaMidway Lease Area
Tract II
STA'I`E OF TEXAS
CUUNTY OF NUECES
BEING a trac~ o#' land containing 0.12 Acres {5,332 SQ. FT.) of la~d out a#'
West Gutk~ Park, as r~corded ia Valume 53, Page~ 83-85 0~ the 1l~Iap Records
t~f Nueces County, Texas. This Q.12 Acre tract being more particulariy
descr~bed by metes and bouads as fnllows:
$EGINATING at a Found I° Iron Pipe, being the northerly corner of tha Tuloso-Mi~way
Sohool Tract as recarded in Volume 55, Page 61 o#'the Map Records ofNueces County,
Texas;
THENCE N90°Oa'00"E thraugh West Guth Park as recorded in Vol~rr~e 53, Pages $3
through 86 of the Map Records ofNueees Co~nty, Texas, a distance of t30.24' to a Point,
being the northeast cozner of ~his iract; '
THENCE Sd0°00'OQ"E contine~ing through said West G~th Park, a distance af S~.88' to a
Point on the northeasterly boundary Iine of said TuJoso-Midway School Tract, being the
southerly corner of this tract;
THENCE N57°SO`3Q44W along the northeasterly Boundary Line af said Tu~oso-Midway
Schoal Tract, a distance of 1.53.8~4' to the POINT AND ~'LACE OF BEGINNXNG and
containing t1.12 Acres af land.
Beaz~i~gs are with reference to the narthwesterly bounc3ary line of the Tuloso-Midway Schoal
Tract as showm an Plat thereof recorded in Volume 55, Page b l of the Map Records of
Nueces County, Texas.
State of Texas
County of Nueces
I, Russell Ochs, a Registered professiona] Land Snrveyor, hereby certify that the foregoing field
notes wez~e prepared by me frotn a land survey made on #he ground under my direction.
This the 31 ~ day af May, 2047. O F r
~ ~ F
~. ~ r? Q•`~°~~ ~FO9ei+~
ussell D. Ochs '• . . . ..
State of Texas License No. 5,241 , RU~SELL 0.. OCHS.
~ 'Oq. . 5241 ~~ ~~~
9ti 4~~ssti6~
a St1RV~
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