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Home My WebLink AboutC2010-231 - 7/6/2010 - ApprovedLease Agreement by and between Corpus Christi Industrial Development Corporation and the City of Corpus Christi, Texas This Lease Agreement ( "Lease ") is by and between the Corpus Christi Industrial Development Corporation ( "CCIDC" or "Lessor") and the City of Corpus Christi, Texas ( "City" or Lessee "). Article 1 Purpose 1.01 Lease. CCIDC, in consideration of the agreements set forth in this Lease, leases to City approximately 91.70 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C, D, E, F and G," Nueces County, Texas ( "the Leased Premises ") as shown on Exhibit A, and described by metes and bounds on Exhibit B, each attached to the Lease and incorporated for all purposes. Article 2 Use Restrictions 2.01 City shall use the Leased Premises only as a recreation area and for no other purpose. Article 3 Term 3.01 The term of this Lease shall be for approximately twenty -five (25) years expiring June 30, 2035, and will commence on date of execution by City Manager, unless terminated sooner pursuant to this Lease. Article 4 Consideration 4.01 Consideration. As consideration for this Lease, City agrees to maintain and operate the Leased Premises as a recreational area and pay for or provide for the payment of all costs associated therewith. Article 5 Representations of CCIDC 5.01 Authority to Lease. CCIDC represents and warrants that: A. CCIDC is the vested owner of title to the Leased Premises 2010 -231 M2010- 164:1DC\Lease City - CCIDC 0630v2.doc 07/06/10 CCIDC 1 INDEXED 2 B. CCIDC has the authority to enter into this Lease; and C. The individual executing this Lease is the authorized officer, representative, or agent of CCIDC and has authority to bind CCIDC to this Lease. Article 6 Rights of City 6.01 Authority to Lease. City represents and warrants that City has the authority to enter into this Lease and that the individual executing this Lease is the authorized officer, representative, or agent and has the authority to bind City to the Lease. 6.02 City has exclusive right to name all or part of the Leased Premises in accordance with the City's Resolution regarding naming of park facilities. In the event of any termination or expiration of this Lease, CCIDC agrees to continue use of the City - designated park name so long as Leased Premises are used as a park. 6.03 City has exclusive right to use any or all of the Leased Premises for any recreation purpose deemed appropriate by the City. 6.04 City has right to maintain and operate the Leased Premises for recreation purposes. City also has right to make improvements to the Leased Premises as deemed appropriate by the City. Article 7 Termination 7.01 City may terminate this lease with or without cause upon sixty (60) days advance written notice. 7.02 CCIDC may terminate this lease by first providing notice of default to City and 30 days opportunity to cure. CCIDC may thereafter terminate the lease should City fail to cure the default within 30 days of notice. 7.03 The parties may agree to terminate the lease at any time by mutual written agreement . Article 8 Assignment or Sublet of Leasehold Estate 8.01 Assignment. City may not assign this Lease or any part of it without the prior written consent of CCIDC. M: \LEGDIR \Lisa \2010 CCIDC \Lease City -CCIDC 0630v2.doc 3 8.02 Sublet. City may sublet any part of the Leased Premises for use in a manner consistent with the usage as a recreation area. The parties acknowledge and ratify any previous leases executed by the City over the Leased Premises for athletic leagues. Article 9 Miscellaneous Provisions. 9.01 Notice. Any notice required or permitted under this Agreement under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not), when deposited with the U.S. Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may alternatively or additionally be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. CCIDC and City can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: CCIDC: Corpus Christi Industrial Development Corporation c/o City of Corpus Christi Director of Economic Development P. O. Box 9277 Corpus Christi, Texas 78469 -9277 City: City Manager P. 0. Box 9277 Corpus Christi, Texas 78469 -9277 Fax: (361) 829 -3239 9.02 Governing Law. The validity of this Agreement and all matters pertaining to this Lease, shall be governed and determined by the laws of the State of Texas and venue shall be in Nueces County. CITY OF CORPUS CHRISTI CORPUS CHRISTI INDUSTRIAL DEVE,OPMENT CORFrA, ION BY: n • I . Escobar, City Manager Larry Elizondo, Preside Attest: City Secretary Approved as to legal form: June 23, 2010 By: Date: H: \LEG -DIR \Lisa \2010 CCIDC \Lease City -CCIDC 0630v2.doc j12 . AUTHORIZED COUNCIL Q_ 62/.Q.. SEC1w� lit` (361)854 -3I01 STATE OF TRXAS COUNTY OF NITSCES • ' . `� ice• , URBAN•. ENGINEERING JOB NO. 37816,00,00 DBCBlv1BER 6, 2001 Revised, January 17, 2002 P.O, BOX 6355 • COI PU8 01-1I2isT1. TEXAS 75466.6365 FAX {361)864 -6001 FWLDNO'rES for a 91.70 acrc tract of land out of Tract G, CBffMaus Tracts "C, D, F, & 0 ", a map of MUM is recorded in Volume 27, Page 95, Map Records of Nueces Comm Torn %; sold Ciiif Maus Tracts being a 248.566 sore tract out of portions of the L,M. Hitchcock 93.24 Acre Tract, Lots 9, 10,15, & 16, Section F, Lot 2, Section E Paisleys Subdivision ofthe Heilman Tract, the Vineyard Tract, &Lot 18, J.C. Russell Farm Lots, Corpus Christi, Names County, Texas; said 91.70 acre traot being more fully descrlbedby metes and bounds AS follows; 13EQIM NG at a 1-1/2 inch iron pipe in concrete found on the northeast boundary of }Rome Road, a dedicated public roadway, for the common corner of Tract 13 and 0, said Cliff Maus, and for the south comer of this tract, from which a drill hole l'btund for the southerly corner of said Tract E, sanio being the northerly intersection of said Horne Road and Greenwood Drive, a 70 foot wide public roadway, bears South 63°31'11" East (p1at=South 63 °22'05" East), a distance of 200.10 het (plat'20D.25 feet); THENCE, North 60 °29'22" West (p1atNorth 60 °31'20" West), with the north boundary of said Horne Road, a distanco of 324.33 feet (plat 323.45 feet) to a 518 inch iron rod with rod plastic cap labeled"URBAN ENOR. C.C, TX" set for the south comer of a 4,334 acre tract and for a corner of this tract; THENCE, North 29 °29'07' Fast (plat=North 29 °28'40" East), along tho southeast boundary ofsaid.4,334 acrd tract, at 0,10 feet pass a found 5/8 inch iron rod, In all a distance of 691.10 feet (plat'"690,17 feet) to a 518 inch iron rod with red plastic cap labeled "tIREAN ENGA. C.C. TX' set for the northeast comer of said 4.334 acre tract and an interior corner of this tract; . THENCE, South 89 °57'50" West, along the northerly boundary of said 4.334 acre tract and of said Tract D, at 360.82 feet pass a 5/8 Inch iron rod found for the north corner of said 4.334 acre tract and for the east comer of said Tract #I, in all ra distance of'•951.15 #bet to a.5/8 inch iron trod with red plastic caplabeled "URBAN ENQR, C.C. TX" sot for a common comer of said Tracts D and G and for a aornor of this tract; THENCE, South. 29 °28'40" West, continuing along the northerly boundary of satdTract D, a distance of 57.77 feet (plat 57.46 het) to a 1 Molt iron pipe found for a corruptor corner of saki Tracts D and O and for a comerof this tract; VIENCE, North 89 °58'11" West (plat = South 89 °57'50" West), continuing along the northerly boundary of said Tract D, at 333.33 feet pass it found 1 inch iron pipe, In all a distance of 333.83 hot (plat= 333,18 feat) to a 518 inch iron rod with red plastio.cap labeled "URBAN E1 0L CC. TX" set on the north boundary► of said Horne Road, for the wart corner of said Tract D, a Gomm' of said Tract O anda corner of this tract; THENCE, North 60 029'22" West (plat=North 60 °31'20" West), along the northerly boundary of said Home Road, at 99.24 feet pass a found 1 Inch iron pipe, in all a distance of 220.80 feat (plat »223.06 bat) to a 1 Pooh iron pipe found for tho point of curvature of a circular curve to the right what, radius point bears North 29 °30'38" East,, a distance of 459.70 feet MI having a. central angle of 60°26'12" (plat=60 °2810"), amdiusof459:70feet, a tangent distance of 267.75 feet (plat •267.92 feet) and an arc length of 484.90 feet (plat - 485.16 feet); THENCE with said 'circular. ircula curve. to the right, an art length of484.90 feet (plat &t485.16 feet) to a 518 inch iron rod with red plasuo Cap labeled "URBAN MOIL CC. TX' sew an rho east boundary of Airport Road, a 240 foot wide public roadway, for point of tangency; • THENCE, North 00°03'10" West, along the east boundary of said Airport Road, same being the west boundary of said Tract G and'of this tract, a distance of 1074.60 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN MGR. C.C. TX" set for the northwest corner of this tract; C:tiSDSKP1Oi 7816k0OOD1FN378t6A1o400 2726 3WANTmar) no • 1 -11001 IR rWpISTr, TTEXAS 784n4 Exhibit Pagel on JQb No. 37816.0000 December 6, 2001 Revised: January ,17, 2002 THENCE, North 89 °58'36" East, crossing Tract 0 with the northbouudaty of this trust, a distance of 120843 foot to a 5/8 inch iron rod with red plastic cap labeled "URBAN MGR. C.C. 'i'Jt' set tbrr an anterior corner of this tract; THENCE, North 00 °22'48" East (plat -North 00 °23'10" East), +continuing with the north boundary of this treat, 142,20 feet to a 518 inch irort rod with rid plastid cap labeled "URBAN ENOR. C.C. TX" set for southeast corner of Tract C, . said Cliff Maus, for a comer of said Tract 0 and for a comer of this tract; THENCE, South 70 °32'57" East (platoaSouth 70 °32'57" Bast), continuing with the north boundary of this tract, same being the south boundary of said Tract C, a distance of 19041 feet to a 5/8 inch iron rood with rod plastic cap labeled "URBAN BNOR. C.C. Tx" set for the southwest corner of said Tract C, for a corner of satd'fraot 0 and Or the northeast corner of this treat; THEE, South 45 °29'33" East (plat -South 45 °34'40" East), with the northeasterly boundary of this tract, 110.26 foot (plat -1 10.35 tot) to a 1 inch iron pipe found for a corner of said Tract G and of this tract; THENCE, South 60°28'19' East (plat to South 60 °26'10" Last), with the southwest boundary of Block 5, Harlem. Palk Addition, a map of which Is recorded In Volutue 9, Page 57, Map Records of Nueees County, Texas, a dtstime of 1,416.34 feet to a I Molt iron pipe found for tiro north cornerofTract F, said Cliff Maus, for a corner of said Tract C and for a corner of this tract; THENCE, South 29 °30'54" West (plat - South 29 °29'20" West), along the common botmdazy of said Tracts F and 0, a dlstanco of • 100.00 tot to a 1 inch iron pipe found for the west corner of said Tract F, a corner of said Tract 0 and an interior corner of this tract; THENCE, South 60 °27'35" East (plat South 60 °26'10" East), along the common boundary of said Tracts F and 0, a distance of 100.00 feet to a 1 inch iron pipe fotutdon ilte northwestboundaty of OreoziwoodDrive, for the south•comerof said Tract F, the most easterly corner of saidTract •G and the most easterly comer of this tract; THENCE, South 29°2910" Weat, along the nortitwvest boundary of said Greenwood Drive, same being the southeast boundary of said Tract (if and adds tract, a distance of 1,591,53 Net (plat to 1,591.16 feet) to a 5/8 inch iron rod found thr tiro east comer of said Tract E, a comer of *aid Tract 0 and for a comer of this tract; THENCE, North 60 °31'20" West„ with the common boundary of said "mote E and 0, a distance of 200.00 feet. to a 1 inch irazt pipe found for the north corner of said TOMS, an interior comer of said Tract G and fbr an interior corner of this tract; TlE11Cia, South 29 °25'57" West (piatioSouth 29 °29120" West), with the common boundary of said Tracts E and 0, a distance of 200.12 feet (plat 200.00 feet) to the POINT OF HEMMING and oontaitdng 91.70 acres of bud. Bearings based on the northWost boundary of Greenwood Dive, same being southeastboundar of Tract G, Cliff Maus Tracts "C, H, F, & 0 ", a map of which is recorded in Volume 27, Page 95, Map Records of Noyes County, Texas... Unless this Field Notes Description, lnoluding preamble, seal and signature, appears lilts original form, surveyor assumes no responsibility or liability for its accuracy. C: tsoa KPRO Jl31a161aaoou'1v97st6Ato.aoo URBAN ENGIENEEI G 3, SAL AR, R.,P.i.,.S le nee No. 4909 Page ^ r f l