HomeMy WebLinkAboutC2018-694 - 12/4/2018 - Approved 2-0 SOZB
1
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 approximately 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"):
C2018-694 EEMENT
12/11 118
Ord. 031 635
Nueces County
SCANNED
2
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.
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.
3
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
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
4
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
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: ///Ar /
Samuel eith elman ATTEST:
Interim ity per RE CCA HUERTA
Date: /� �� CITY SECRETARY
APPROVED AS TO FORM:
By: -t/yc ...... t nv,:,
Lisa Aguilar, Assi t t City Attorney tra.............
For the City Attorney
gy l`��
CRNA'Y '166
5
NUECES COUNTY Attest:
ttest:
'.
Samuel Loyd Neal, / Kara Sands
County Judge Nueces County Clerk
Date: DIZ) JD n'
EXHIBIT j-� LINE BEARING DI5TAt�CE
Block C-3 L1 N28'34'28"E 54.48
Dedicated Drainage Eosement Laguna Business Center L2 N28'34'28"E 45.75'
Laguna Business Center Vol. 27, Pg. 6, Map 'r �+ L3 N73'13'28"E 43.06'
vol. 27, Pg. 6, Mop Records of Nueces County, Texos o L4 N16'46'05"W 15.49'
Records of Nueces County, Texas ; n L5 N61'25'32"W 25.50'
m L6 S73'06'13"W 40.99'
j.."6".
NZ L7 N61'25'32"W 23.67'
L8 N15'51'03"W 19.80'
Go 561'25'32"E ,91.40' L9 N28'34'38"E 58.50'
L10 N89'S0'42"W 21.20'
w L11 N16'29'42"W 2.00'
M y0' y6 L12 N28'33'52"E 48.06'
m L17 yk 4 . L13 N73'32'30"E 2.00'
NerzSazw nese' '�� \711. �� L14 S16'54'35"E 34.69'
!>* L15 561'25'32"E 36.22'
J L19 r '$ A'S I,ryk 0 L16 N28'34'28"E 35.42'
" L15 !� �O� 5. L17 561'26'08"E 36.12'
fX 0 L18,503'23'20"E 25.21'
,dig,
�'` �� L25 General Notes' L19 561'25'32"E 23.73'
o 1.)Grid Bearings and Distances shown hereon an k. L20 S16'41'37"E 39.52'
"' c �r{� �7 referenced to the Texxas Coordinate Syetsm of la-`1 �1 516'29'50"E 25.74'
`.amu e,- .:%13 0.63 Acres v 1983, Texas South Zone 4205, and are based 3 L22 S71'14'32"W 8.72'
:'rn., ,1 n f on the North Amerloan Datum of 1983(2011) L23 S28'34'28"W 22.67'
0Dn 8 (27.443Q ) Epoch 2010.00. (Record Bearing/Distance) L24 516'56'32"E 4.45'
u o i o 2.)Some features shown on this SurveyL25 561'57'36"E 27.27'.0 '
o out of scale for dart may be L26 N6i'25'32"E 38.8'
>R L27 N61'25'32"W 38.81'
S72'12'56"W 13.13'
3.)This Survey was prepared from field data �g S28'34'28"W 39.96'
obtained on August 3, 2018.
N51'25'32'11/ 78.38' ` / 1.11),,),1
L30 572'16'41"W 42.66'
L7 4.)0.83 Acre Tract Is located within the City L31 528'34'28"W 31.44'
limits of Corpus Christi, Texas and a L32 N61'26'08"W 24.00'
S81'25'321 72.15' subdivision based on this sketch/descrIptIon
may be In ddatlon of the current City of
Lot 0 9 Corpus Christi subdivision ordinance.
Laguna Business Center S81'25'32'2 77.73'
Vol. 27, Pg. 6, Map n //�
Records of Nueces County, Texas /`
N81'25'32%9144.93' Sketch to Accompany
FIELDNOTES for a 0.63 Acre Tract, out of Lot D, Laguna
Business Center, a map of which Is recorded In Volume
:i27, Page 6, Map Records of Nueces County, Texas
6o1nt of Commencment Point of Beginning,
.......,„/".i
1'34'51'W S61.26'08'E 421.99'
0N685.09' �N DATE: Au, . 08, 2018
Legend: Graham Road URBAN SCALE: 1 =50'
(60' ROW) IAJOB NO.: 43201.88.06
•1/2 Inch Iron Rod Found ENGINEERING SHEET: 1 OF 1
401)
g)1 Inch Iron Pipe Pinched Found ,B»'iia, �o'n. n�a.nm nt
DRAWN BY: MDG
0 5/8 Inch Iron Rod Found MOW,361.1164.310I361.1164.310Iwwa.uexMon.
urban survey!Ourbaneng.com
MEZ pAIN.IOC-% )-OT 02016 by Urban Engineering
URBAN
ENGINEERING Job No. 043201.B8.17
November 20,2018
0.46 Acre Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.46 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 0.46 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,368.27 Feet,to a point on the said common boundary line;
Thence, North 28°34'28" East, departing the said Right-of-Way line, over and across the said
Lot D, 100.24 Feet,to the Point of Beginning and for a corner of this Tract;
Thence,with the boundary of this Tract as follows:
• North 61°25'32"West, 19.05 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:\Surveying143201\B817\O1 FICFMETES AND BOUNDS\FN_43201B806_0,46Ac_20181120.Doc
Page 1 of 2
OFFICE:(361)854-3101 2725 SWANTNERDR • 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 South61°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 72016'41" West, 4246 Feet;
Thence, South 28°34'28" West, 9.69 Feet, to the Point of Beginning, containing 0.46 Acres
(20,092 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.
0,46 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision
based on this description may be inviolation 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 assumesno responsibility for its accuracy.
��rF
Also reference accompanying sketch of Tract d. ",`
l:* / .4i . r r1TANENc
James D.Carr,R.P.L.S.
License:No.6458
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Page 2 of 3
OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(36I)854-6001
www.orbaneng.eom
TBPE,Firm# 145 •TBPLS Firm# 10032400
'-\" -- �.)=l3EAR1NC� DISTANCE
Block Ce-3 Lt N28'34 25'E 100 42
Dedicated Drainoge Easement Laguna Business Center L2 N61'25'32°W 19.05'
il Laguna Rosiness Center Vol. 27, Pg. 6, Mop "' y+ L3 N73'13'28"E 43.06' I
l vol. 27, Pg. e, reap Records of Nueces County, Texas d , L4 N16'46'05"W 15.49'
� Records of Nueces County, Texas L5 N61'25'32"W 25.50' -I,
r
o L6 573'06'1.3"W 40.99'
I L7 N61'25'32"W 23.67' I
II
(? L8 N15'51'03'W 19.80'
a tS sfit zs'32'e gt.ao' L9 N28'34'38"E 58.50'
11
'S L10 N89'50n42"W 21.20'
I! 1' O). L11 Ni 6'29'42"W 2.00'
h N. �h L12 N28 33'52"E 48.06'
I, L17 ry �� �p�,� hp�' L13_N73'32'30'E 2.00'
_ ��j Di" L14 516'54'35"E 34.69'
II Nel"25'421V n `� +� L15 561'25'32"E 36.22' it
CP 44
L16 N28'34'28'E 35,42' ,
l' (4„.
I L19 O^ M A r1,, o L17 S61'26'08"E 36.12'
I ti X L15 `�0 •�\ Ory a L18 503'23'20"E 25.21'
o 6 u .• •`-11' L25 1� General Notes; c L19 561'25'32"E 23.73' ' I
5�� C7 o L20 S16'41'37"E 39.52'
1.) Grid Bearings and Distances shown hereon are 'v o L21 516'29'50"E 25,74'
1 27 referenced to the Texas Coordinate System of i
` o o 1983 Tame South Zonr 4204 and ah based C+v L22 S71'14'32'W 8.72'
a"� .,, ✓p 0.48 acres 3 L23 528'34'2e'W 22.67'
�/ 1 on the North American Datum of 1983(2011)
9 oa,E ! L24 S16'56'32"E 4.45' 1
(20.092Het) Epoch 2010.04 (Record Bearing/Distance)
1 . i,uL25 $61.30-Tet 27.27
° 2)Sams features shown an this Survey may be L26 516'57'36°E 5.00'
out of scale for clarity. 1.27 N61'25'32"W'38.81'� I
1.28 S72'12'56'W 13.13' I
I' ,j:3
3.)This Survey was prepared from field data L2g 528'34'28"W 39.96' I'
obtained on August 3, 2018. L30 572'16'41"W 42.66' I
II N81'25'321N 78.38'�` �'� 4.) U Are Corpus of � s located withinaxthe
df3tya L31 528'34'28'W 9.69'
i
I L7 subdivision based on this sketch/description
it of
L2 Cormapus t be In violation of the current y
us Christi subdivision ordinance. 1
Lot D Point of Beginning
Laguna Business Center III
Vol. 27, Pg. 6, Map
I Records of Nueces County, texas 11
I Sketch to Accompany I• ,
J FlEI.DNOTES for a 0.46 Acre Tract, out of Lot D, Laguna I
Business Center, a map of which Is recorded In Volume ,
27. Page 6. Map Records of Nueces County, Texas I
I I
Point of Commencment '
N61*34.5 Yi 561-26'08'E 368.27' DATE: Nov, 20. 2018 II -'
85.09' Graham Road URBAN SCALE: 1 =5Q
Legend: (6D' ROW) Li
- ENGINEERING JOB NO.: 43201.B8.17 '�
•1/2 Inch Iron Rod Found �.r¢NM NO.ue.Tru FIN NO.+on G SHEET: 1 OF 1
1 0 I Inch Iron Pipe niched Found �� 7.1M11%..14"7"w n m'6101u DRAWN BY: RLG
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