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Home My WebLink AboutC2010-311 - 7/6/2010 - NALease 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 I 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 -311 07/06/10 CI DC \Lease City -CCIDC 0630v2.doc 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. H: \LEG -DIR \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 Ipagues. 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. 0. 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 DEV LOPMENTCQRPORATION BY: olk, BY: ''L � `A a /fie Escobar, City Manager Larry Elizondo, Presid /7 / °) / tc-, Date: City Secretary Approved as to legal form: June 23, 2010 By: Date: 7/ P /70 H: \LEG -DIR \Lisa \2010 CCIDC \Lease City -CCIDC 0630v2.doc --!✓ls AUTHORIZED PV Conn.... D q SSA (361)854 -3101 URBAN ENGINEERING 1013 NO. 37816,00, 00 DECEMBER 6, 2001 Revised. January 17, 2002 P.O. BOX 6365 • CORPUS CHRISTI, TEXAS 76466.6355 FAX 1961)054 -6007 STATE OF TEXAS COUNTY OF NUECES FJBLDNOTES for a 91.70 acre traot of land out of Tract G. CliffMaus Tracts "C, D, 1?, l~, 8c 0", a map of whiolt is recorded in Volume 27, Page 95, Map Records ofNacr s County, Texas; said Cliff Maus Tracts being a 248,566 acre tract out of portions of tlw L.M. Hitchcock 93.24 Acre Tract, Lots 9,10,15, & 16, Section F, Lot 2, Section B Paisley's Subdivision of the Hafdnan Tract; the Vineyard'Ilci, 4 Lot 18, I.C. Russell Farm lots, Corpus Christi, Nueces County, Texas; said 91.70 acre tract being more fully described by metes and bounds US follows; EEOINNINGi at a 14/2 inch iron pipe in concrete found on tho northeast boundary of I-Xome Road, a dedicated public roadway, for the common corner of Trait E and G, said Cliff Maus, and for the south comer of this tract, front which a drill bole ibund for the southerly corner of said Tract E, same being tho northerly intersection of said Horne Road and Greenwood Drive, a 70 foot wide public roadway, bears South 63°31'11" East (plat'South 63 °22'05" Bast), a distance of 200.10 het (p1at=200.25 feet); THENCE, North 60 °29'22" West (pIatNarth 60°31'20" West), with the north boundary of said Horne Road, e distance of 324.33 feet (piat323.65 feet) to a 5/8 inch iron rod withreciplasiie cap labeled "URBAN EMIR. C.C. TX" set for the south comer of a 4.334 acre tract and for a comer of this tract; THENCE, North 29 °29'07' East (plat==North 29 °28'40" East), along tho southeast boundary of said.4.334 core tract, at 0,10 feet pass a found 5/8 inch iron rod, in all a distance of 691.10 feet (plat690,17 feet) to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENOR. C.C. TX' set for the northeast Corner 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 Ilntali iron rod found for the north comer of said 4.334 acre tract and for the east corrner of said'ntraot D, in all tt distance of 951.15 (bet to 4..5/8 inch iron rod with lrai uta & cap labeled" URBAN EMIL C.C. TX" set for a common corner of said Tracts D and 0 and fbr a oomer of this tract; THENCE, South, 29 °28'40" West, continuing along the northerly boundary of said Tract 17, a distaticcs of 57,77 feet (plat=57.461het) to a 1 inoh iron pipe found for a common corner of said Tracts 1) and 0 and for a comer of this Watt THENCE, North 89 °58'11" West (plat A South 89 °57'50" West), confirming along the northerly boundary amid Tract D, at 333,33 foot pass a found 1 Inch iron pipe, in all a distance of 333.83 feet (plat 333,18 feat) to a 5/8 inch iron trod with red plastto.cap labeled "URBAN ENGIt. C.C. TX" Mon the north boundary of said Horne Road, for the west corner of said T r a c t D, a corner of said'Du t 0 and a corner of this Macs; THENCE, North 60 °29'22" West (plat=Nortlt 60 °31'20" West), along the northerly boundary of said Horne ne Road, at 99.24 feet pats a found 1 inoh iron pipe, in ail a distance of 220.80 fait (plat »223.06 hot) to a 1 Inch iron pipe found for the point of curvature of a okeularrourvo to the right whose radius point bears North 29 °30'38" East, a distance of 459.70 feet and having a central angle of 60°26'12" (plat=60 °28'10 "), a radius of 459.70 feet, a tangent distance of 267.75 feet (plat267.92 feet) and an arc length of 484.90 (bet (plat-485.16 feet); THENCE with said oiccular curve, to the right, an are length of484.90 feet (platr485,16 feet) to a 518 inch iron rad with red plastid cap labeled "URBAN MGR. G.C. Tr set on the east boundary of Airport Road, a 260 foot wide public roadway, for point oftangoncy; • • THENCE, Nortit 00°03'10" Walt, along the east boundary of sold Airport head, samo being tho west boundary of said Tract 0 and of this traot, a distance of 1074.60 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENQR. C.C. TX" set for the northwest comer of this tract; C:ti.SDSKPao. 3781610Do wN378tGA[o.doo 2725 WANT" 05 "5 reVI21 t8 ntailSTI, MA5 7n4 l Exhibit B Faget oft rib No. 3'816. 0000 )December 6, 2001 Revised: January ,17, 2002 THENCE, North 89 °58'36" East, crossing Tract 0 with the north boundary of this treat, a distanic° of 1208.63 feet to a 518 inch iron rod with red plastic cap iabolcd "URBAN )3NQR. C.C. '1'X' set fbr an interior coiner of this tract; TIiliNCB, North 00 °22'4W' Fast (plat -North 00 °23'10" East), continuing with the north boundary of this treat, 142.20 feet to a 518 inch iron rod with rid plastic cap labeled "URBAN ENGR. C.C. TX" set for southeast corner of Tract C, said Cliff Maus, for a corner of said Tract 0 and for a comer of this tract; THENCE; South 70 °32'S7" East (platoSouth 70 °32'57" Last), continuing with the north boundary of this tract, same being the south boundary of said Tract C, a distance of 190.41 ft et to a 5/8 inch iron rod with tut plastic cap labeled "SAN I3NOR. C.C. TX" sat for the southwest corner of said Tract C, for a corner of said'I'raot 0 and for the northeast corner of this tract; T1113 PE, South 45 °29'33" East (plat -South 45 °34'40" East), with tote notrtiteaaterly boundary of this tract, 110.26 feet (plat.. 110,N5 fbet) to a 1 inch iron pipe found fbr a cotter of said Tract G and of this tract; 1'k1ENCE, South 6O °28'19" . East (plat South 60 °26'10" East), with the southwest boundary of `Block 5, Harlem Park Addition, a rnap of which is recorded in Volume 9, Page 57, Map Records of Nueces County, Texas, a distance of 1,416.34 feet to a 1 inolt iron pipe found for the north corner of Tract F, said Cliff Maus, for a comer of said Tract 0 and for a corner of this tract; THENCE, South 29 °30'54" West (plat — South 29 °29'20" West), along the common boundary of saki Tracts F and 0, a distance of.100.00 feet to a 1 inch iron pipe found for the west corner of said Trsot F, a corner of saidTraot 0 and an interior corner of this tract; Tfl NCE, Smith 60 °27'35" East (plat + South 60 °26'10" East), along the cottunon boundary of said Tracts P and 0, a distance of 100.00 feet to a 1 Unit. iron pipe fotuttl on the northwest boundary of Greenwood Drive, for the south corner of said Tract F, the most easterly comer of saidTract-0 and the most easterly corner of titis tract; THENCE, South 29°2910" West, along the nodihwyst boundary of said Greenwood Drive, same being the southeast boundary of said Tract 0 and of ttds tt ct, a distance Of 1,591.$3 foot (pint" 1,591.16 feet) to a 51$ itch Iron red found fbr dire cast corner of said Tract E, a corner of said Tract G and fora corner of this tract; THENCE, North 60 °31'20" West, with the common boundary of said "hcts E and 0, a distance of200.00 feet to a 1 inch iron pipe found fbr the north corner of said Tract E, an interior comer of saki Tract 0 and fbr an interior corner of this tract; THENCE, South 2,V25'57" West (plat*4outh 29 °29'20" West), with the common boundary of said 'foots E and 0, a distance of 200,12 feet (plat 200,00 Wit) to the POINT OFBEGINNING mid containing 91.70 acres of land Bearings based on the northweSt boundary of GireenwoodDxlvo, saute being southeast boundw i of Tractt% CliffMaus Tracts "C, 0, E, F, & G ", a map of which is recorded in Volume 27, Page 93, Map Records of Nueces County, Texas. • Unless this Field Description, fnoludittg preamble,,seat and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy. C,ISC)SKPRO5137s1610OOO N37816AtO,doe URBAN ENGINEERING