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HomeMy WebLinkAboutC2010-023 - 2/16/2010 - ApprovedSECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS INSTITUTE FOR THE ARTS This second amendment ("Second Amendment") is made by and between the City of Corpus Christi ("City") and the South Texas Institute for the Arts, formerly known as the Corpus Christi Art Foundation, Inc. ("Lessee"). WHEREAS, the City and Lessee executed a lease agreement ("Lease") in 1992 for use of the Antonio E. Garcia Education Center (formerly known as the Hispanic Arts Cen- ter), which Lease was subsequently amended in 2000 ("First Amendment") to extend the term and expand the boundaries of the leased premises; and WHEREAS, the parties desire to execute this Second Amendment to express their mutual decision to decrease the boundaries of the leased premises stated in the Lease and First Amendment, in order to allow for the creation of a new park. Section 1. By execution of this instrument, the parties agree to recognize a reduction in the size of the leased premises, such new premises being depicted in Exhibit "A" and containing a portion of a 7' alley remaining subject to public use for ingress and egress, which Exhibit "A" is attached to this Second Amendment and is incorporated into this document as if set out fully in its entirety. Section 2. By execution of this Second Amendment, the parties agree to revise the leased premises stated in the Lease and First Amendment by decreasing the size of the boundaries and to recognize the new leased premises (a portion of the alley being included but remaining subject to use by the general public, as stated above) as de- picted in Exhibit "A" for the remainder of the Lease term. All other terms, conditions, and covenants of the Lease and First Amendment not changed by this Second Amend- ment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) 2010-023 Ord. 028486 02/16/10 So. Tx. Institute for the Arts INDEXED XECUTED IN DUPLICATE, each of which is considered an original, on this the day of ~-- , 2010. ATTEST: CITY OF CORPUS CHRISTI r ~~~~~~ Armando Chapa g I R. Escobar City Secretary ity Manager APPROVED AS TO FORM: / 1 / ~J , 2010 Eliz th R. Hundley Assistant City Attorney for the City Attorney LESSEE: South Texas Institute for the Arts By: Prin ame: ~s~~,~~~~,~(,ti ~~t Title: ~ -~~.e~D,r Date: > / - ~..1 r ~ ~~.J.~t.~ .. Al1THORIZEI'i ~T ~tiNiCll .r~~.~i ~ 10 3~'Cf~~1`A~v~;b~ ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § bh(S~instru e~lt~ac~s ac`~kno~nrledged before me on , 2010, y ~ ~) -~-~ ~, ~ of th South Tex Institute for the Arts, a~Tex~is nonprofit corporation, on behalf of the corporation. (seal) ~ a~u"N~. LAURISA LYNN BAKLIK Nota UbIIC, State of a~;''prftt~',. Notary Fubiic~ State of Texes +s : N1y Cotrit~iasion €xpires ~; ~~` Mafah 09, ZOi 1 EXHIBIT j? li ANT4NTG E. GARCTA EI)UCATTON CENTER - T.~E:ASE 'T'RACT STATE OF TE7~AS Ct3UNTY OF NUECES BEING a tract,of land containing 1.37 Acres (59,5711 SQ.F1'.j of land out of a paartion of Lot 14, Block 4, Lawnview Annex as recorded. in 'Volume ~7, Page 8G; Lots 2-4 and a portion. of Lot S, Block 5, ~.awnvierw Addition ns recorded in `l~olume A, Page 1.3 and a portion ol`Block 9, Home Place Addition as recorded in Volume A, Page 14 of the M:ap Records of Nueces County, 'T'exas. This 1..37 Acre tract beingmore particularly described by metes and bounds as rollows: BEGINNING at a Found. 5J8" Iron Rod with Plastic Cap stamped "City of Cnsplr$ Christi, Texas" at the northeast corner af`I~ot 15,131oc1t ~, I:.awnvew Annex. as recorded in volume C~~, Page lfi of the Map records of Nueces Cou»ty, Texas; THENCE S88"QO'00" W along the north bo~.rndary line of said l:jot 1 ~, a distance of 137.1 S' ca a Found 5/8" Iron Rod with Plastic t'ap stamped "C'iry of t:orpus Christi, ''T'exas", being the southwest orn4r of this tract; T 1C,IENCE N02"00'Op"W along the easterlyright-of-ways Tine of Iai~hteenth Street a distance of66.89` to a Found 5!8" Iron lead with Plastic Cap stamped "City afC;orpus Christi, 1°exas", being an angle point of this tract; THElYCE 1V09°06'50"W continuing along the easterlyright-of--way line of Eighteenth Street a distance of 12$.19' to a Found brill. hale in concrete at the beginning. of a circular curve to the right; 'THENCE along said curve having a Ii;sdius of 10.00', ari Arc Length of l t.9S', and a Chord of N39°2G'3S"l a distance of 1.4..99' to a Found IiUL~ Nail. on the sauthe~y side cif Agnes Street;. THENCE N88°00'00'"E along the sautlterly side of Agnes Street a distance of 283.31' to a Fund I)riI1 Hale, being an angle point of this tract; THENCE Sti7°50'45"E continuing along the southerly side of Agnes Street a distance of `7.80" to a Set 5J8" Iran Rod with Plastic Cap stamped. "City of Corpus G'hristi, `Texas", being the northeast corner of this tract; THENCE S02°00't}0"f along the easterly side of a 7' wide A11ey as shown an plat of the Home Place Addition as recorded in Volume A, Page 14 of the :Map Records of NUeces County, Texas, a distance of 202.14' to a Set. 5/$" Iron Rod with Plastic Cap stamped. "City e-f Corpus Christi, Texas"', being the southeast corner of this tract; ~, " ~ ~~ THF~NG:E 5~g°0{l'0{~"~~V throilgh said Flame' Place Addition ajid Lot 1A~, l:,awtxview Annex., a distaiic:e of 17.33' to the P~i1VT AND P~..~,CE C)~F BEGINNING and containing 1.37 Acres of land. Bearings are with referernce to I*lorth Boundary Dine of Lots 2-5, }31ock: S, Lavvn~~iew ~1.ddition as recorded in Valume A, Page 13 rrfthe lUlap Retards afS~fiueces County, 'T`exas. State of Tixas County of Nueces 1, Russell Ochs, a Registered Professional Land. Surveyor fcsr the City of Cnt~us Christi, hereby cer-ti#`y that the foregoing field notes 'wrre prepared ley me 1i'om a land survey trade nn the grc-und under my direction. T'hr.r; the 7 raj day of January, 2009, Rr~sseil I?> t'J~:hs St~ie. of'l'~;xas License ~lr>. 5,21 ~ ~~ Y`~ ~~G~STh~, . ~. ~~Y ~ t ( ` ~\~. ~~~1 Fit .. ~r. ~- ~~ ~~ .~tls Futt_ ______~_~~-____---~._......_. t ' ~ i ~ ( i ' ' ..ra~~.N "~i'~(t .C3 31„•,`x` p ~ !L.. t- . J : G~1 ~ . ~ +r ~ w hy'. t3~1 : ~ ~~j'.'~ a~.~ T \1' Q_•~. ~ ~ ry ~S ''~'••`Y t J1~ 2 Q t- ~~ ! .. o~~' a ~W~ v ~ ~ °~~~~o a ~ LL w t `rs v ~ 4 ar ~ oQS ~ ~ w. a ~ ~z u . ~~ -~.,,~ X ~ W ~U ~ () a a ~ ~ ~ ~ ~~ ~, y { ~~ *[ x E~ ~~ !^ ~ ,fir ~ ~ ° ~ ~ ~ •- ~ ~ ~ ~ ~ ~~ ~ y.... 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