HomeMy WebLinkAboutC2018-709 - 12/11/2018 - Approved Page 1 of 15
LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND
RILEY P. DOG PARK, INC.
This lease ("Lease") is entered into by and between the City of Corpus Christi ("City"), a
Texas home rule municipal corporation, acting through its duly authorized City Manager,
or the City Manager's designee, and Riley P. Dog Park, Inc. ("Lessee"), a Texas nonprofit
corporation, Corpus Christi, Texas, acting through its duly authorized President.
Section 1. Definitions. For the purposes of this Lease:
Improvements means buildings and other structures located on the Premises constructed
or installed by or for Lessee.
Premises or Leased Premises means approximately 2.5 acre tract or parcel of land as
shown on the attached drawing, Exhibit "A", together with all Improvements.
Section 2. Purpose. The purpose of this Lease is to lease the Premises to Lessee for
Lessee's operations of a dog park at no charge to the public. Lessee may not operate
the Leased Premises for any other purpose without the prior written approval of the
Executive Director of Water Utilities and Director of Parks and Recreation ("Directors").
Section 3. Leased Premises. The Leased Premises are designated on the drawing
attached as Exhibit"A", together with all Improvements. The City will obtain a final metes
and bounds survey exhibit to identify the entire Leased Premises, to be attached as new
Exhibit A. The Lessee shall reimburse the City for the cost of the survey, within 30 days
of invoice from the City.
Section 4. Term. The City leases the Premises, AS IS, subject to all terms and conditions
of this Lease, to the Lessee for a period of five (5) years. This Lease begins on the first
day after final Council approval. However, the City reserves the right to cancel this Lease
at any time on ninety(90) days' advance written notice in the event that the City Manager
determines that such cancellation is necessary for the operation of the adjacent
wastewater treatment plant operations. Lessee may terminate this Lease at any time
upon providing advance at least 30 days written notice to the City.
Section 5. Acceptance of Premises Disclaimer:
A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH
ALL FAULTS AS MAY EXIST IN, ON, OR UNDER THE PREMISES,AND THAT NEITHER
CITY, NOR ANY EMPLOYEE OR AGENT OF CITY, HAS MADE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES
OR AS TO THEIR SUITABILITY FOR PARTICULAR PURPOSE.
B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED,
TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY
DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO
C2018-709
12/11/18
Ord. 031633
Riley P. Dog Park Inc.
SCANNED
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WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN
INSPECTION.
Section 6. Surrender. Lessee shall surrender the Premises, upon the expiration,
termination, or cancellation of this Lease, in as good a condition as received, reasonable
use and wear, acts of God, fire and flood damage or destruction where Lessee is without
fault, excepted. Lessee shall remove all improvements and property from the Premises
within 30 days of termination of the Lease or reimburse City's costs of such removal.
Section 7. Lease Consideration; Maintenance. For and in consideration of the rights
and privileges granted in this lease, and in lieu of lease payments to the City, Lessee
must operate the dog park at the Premises at no cost to the public, and Lessee must
maintain the Premises by mowing, collecting litter, etc. as directed in writing by the
Director, including but not limited to the following:
(A) Lessee shall pick up and properly dispose of litter including animal waste on a daily
basis whenever the Premises are being used.
(B) Lessee shall keep fully operational and in good repair the Premises and any
Improvements. The City has no responsibility for maintenance or repair of the Premises
and Improvements.
(C) Lessee shall immediately report any vandalism to the Director, or designee, and
the Corpus Christi Police Department; however, the City has no responsibility to repair or
replace any damages to the Premises and Improvements caused by vandalism or caused
by any other reason.
(D) All motor vehicles must be restricted to the designated parking lot area to be
constructed by Lessee on the Leased Premises.
(E) Lessee shall provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the grass at height not to exceed six inches.
(F) Lessee is responsible for proper installation, use and repair of all equipment and
Improvements at the Premises.
Section 8. Terms of Operation.
Attached as Exhibit C is a copy of Lessee's schedule of operations. Lessee may not
make any change to this Exhibit without prior written consent of the Directors.
Section 9. Construction at the Premises.
Prior to operation or use of the Premises, Lessee must consult with Development
Services department for Lessee's planned improvements to the Premise, including but
not limited to parking, access, fencing, and waterline.
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Prior to making any alterations, additions, or improvements to, in, on, or about the
Premises, Lessee must submit the plans and specifications for the alterations, additions,
or improvements to the Directors for review and written consent.
The Lessee, at its sole cost, shall obtain all required permits for the construction; and the
construction is subject to inspection by the Executive Director of Water Utilities, City's
Building Official, and their designated representatives. In addition, the Lessee shall
consult with the City's Risk Manager to obtain the required insurance prior to any
construction at the Premises.
Lessee has been advised that there is no water service to or at the Leased Premises.
Lessee acknowledges that Lessee is solely responsible for costs to install water taps and
install water service to the Leased Premises.
Section 10. Taxes, Assessments, Licenses, and Fees.
Lessee must pay, in full prior to each respective due date, all taxes, assessments,
licenses, and fees required by the Lessee's use of the Premises.
Section 11. No Debts. Lessee may not incur any debts or obligations on the credit of the
City during the term of this Lease.
Section 12. No Liens Lessee agrees not to permit any mechanic's lien, materialman's
lien, tax lien, or any other lien to become attached to the Premises, or any part or parcel
of the Premises, or the Improvements on the Premises, because of any work or labor
performed by any mechanic, materials furnished by any materialman, or any other
reason.
Section 13. Assignment and Subleasing.
Lessee may not assign, sublease, or encumber this lease, without the prior written
consent of the City Manager. Any assignment or sublease must be approved in advance
in writing signed by the City Manager.
Section 14. Signs; Contact information.
Lessee must post and maintain signage at the Premises with signage to indicate name
and contact number for the Lessee regarding operations.
Lessee has been advised that rattlesnakes and coyotes have been observed at or very near
the Premises. Lessee agrees to post and maintain signage at the Premises to notify all
visitors to the Premises of rattlesnakes and coyotes observed at or near the Premises.
Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the
Premises, or any part of this Lease, without the prior written approval of the Directors.
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Section 15. Laws Affecting Operation of Premises and Performance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to Lessee's construction, operation of the Premises and Lessee's performance
under this Lease, including but not limited to compliance with applicable ADA regulations
and parking regulations. This Lease is also subject to applicable provisions of the City
Charter.
Section 16. Nondiscrimination. Lessee covenants and agrees that Lessee will not
discriminate nor permit discrimination against any person or group of persons, with regard
to use of the Premises, on the grounds of race, religion, national origin, marital status,
sex, age, disability, or in any manner prohibited by the laws of the United States or the
State of Texas.
Section 17. Maintenance. Lessee shall maintain the Premises and all Improvements in
good and safe condition during the Lease term. City has no obligation nor responsibility
for any maintenance or repair at the Premises or to the Improvements.
Section 18. Utilities. Lessee must pay for all utilities used by it on the Premises or used
by any other activities sponsored by the Lessee on the Premises, including but not limited
to solid waste removal, water, wastewater, and electricity.
Section 19. City's Right of inspection. Any officer or authorized employee of the City
may enter upon the Premises, at all reasonable times and without notice, to determine
whether Lessee is operating and providing maintenance in accordance with this Lease
Section 20. Directors' Right to Access Premises in Emergency.
Lessee shall provide Executive Director of Water Utilities and Director of Parks and
Recreation with keys to the Premises, and a current list of names and phone numbers,
for use by each Director, in the event of an emergency. Each Director has the right to
enter the Premises during the regular hours of operation or at anytime in an emergency.
Section 21. City Use and Access to the Premises.
A. The City retains the right to use or cross the Premises with utility lines and easements.
City may exercise these rights without compensation to Lessee for damages to the
Premises from installing, maintaining, repairing, or removing the utility lines and
easements. City must use reasonable judgment in locating the utility lines and easements
to minimize damage to the Premises.
B. The City retains the right to enter upon and access the Premises when deemed
necessary for City utility or other official City purposes.
C. The City retains the right to enter upon and close the Premises to the public on a
temporary basis when deemed necessary by the City Manager or designee for protection
of public health and safety.
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D. In addition, the City retains the right to close access to the Premises in order to permit
fireworks event to be launched from or near the Premises for 4th of July festivities via
third-party City permittee. Lessee agrees to cooperate with City's permittee regarding
use of the Premises for such purposes.
Section 22. Indemnity.
In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor"")
covenants to fully indemnify, save and hold harmless the City, its officers, agents,
representatives, and employees (collectively, "Indemnitees') from and against any
and all liability, loss, damages, claims, demands, suits, and causes of action of any
nature whatsoever asserted against or recovered from City on account of injury or
damage to person Including, without limitation on the foregoing, premises defects,
workers ' compensation and death claims, or property loss or damage of any other
kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise
out of, be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessees
use or Lessee's invitees use of the Premises and any and all activities associated
with the Lessee's use of the Premises under this Lease;(3) the violation by Lessee,
its officers, employees, invitees, agents, or representatives or by indemnitees, or
any of them, of any law, rule, regulation, ordinance, or government order of any
kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under
this Lease; or(5) an act or omission on the part of Lessee, its officers, employees,
invitees, agents, or representatives or of indemnitees, or any of them, pertaining to
this Lease, regardless of whether the injury, damage, loss, violation, exercise of
rights, act, or omission is caused or is claimed to be caused by the contributing or
concurrent negligence of indemnitees, or any of them, but not if caused by the sole
negligence of indemnitees, or any of them, unmixed with the fault of any other
person or entity, and including all expenses of litigation, court costs, and attorneys'
fees, which arise, or are claimed to arise, out of or in connection with the asserted
or recovered incident. Lessee covenants and agrees that, if City Is made a party to
any litigation against Lessee or In any litigation commenced by any party, other
than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable notice
regarding commencement of litigation, at its own expense, investigate all claims
and demands, attend to their settlement or other disposition, defend City in all
actions relating to this Lease with legal counsel satisfactory to the City Attorney,
and pay all charges of attorneys and all other costs and expenses of any kind
whatsoever arising from the liability, injury, damage, loss, demand, claim, or
action.
Section 23. Insurance.
Lessee shall secure and maintain at Lessee's expense, during the term of this Lease,
insurance of the type and with the amount of coverage shown on the attached Exhibit B,
which is incorporated in this Lease by reference. Lessee shall, prior to any addition or
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alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk
Manager that the proposed addition or alteration will not necessitate a change or
modification in the existing insurance coverage maintained by Lessee.
Section 24. Default The following events constitute an event of default under this Lease:
Failure to pay utilities before the due date; failure to perform scheduled maintenance;
failure to maintain any Insurance coverages required in this lease; failure to post and
maintain required signage; and failure to keep, perform, and observe any other promises,
covenants and conditions contained in this Lease.
Section 25. City's Remedies on Lessee's Default. Upon the occurrence of any event
of default, the City may, at its option, in addition to any other remedy or right given under
this Lease or by law:
Give notice to Lessee of the default and provide Lessee opportunity to cure. If default
continues beyond thirty(30)days after provision of notice of default,then City may provide
written notice of termination of the Lease.
Immediately or at any time after termination of the Lease, the City may enter into and
upon the Premises and retake possession of the Premises.
Section 26. Enforcement Costs. If the City files any legal action or proceeding to
repossess the Premises, collect any payments due under this Lease, collect for any
damages to the Premises, or to enforce in any other way the provisions of this Lease,
Lessee agrees to pay all court costs and expenses and the sum that a court of competent
Jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an
appeal, if a judgment is rendered in favor of the City.
Section 27. Modifications. No provision of this Lease may be changed, modified, or
waived, unless the change, modification, or waiver is made in writing and signed by
persons authorized to sign agreements on behalf of each party.
Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the City Director of Parks and Recreation.
Section 29. Notice.
All notices, demands, requests, or replies provided for or permitted under this Lease by
either party must be in writing and must be delivered by one of the following methods: (i)
by personal delivery; (ii) by deposit with the United States Postal Service as certified or
registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv)
by deposit with an overnight express delivery service, for which service has been prepaid;
or (v) by fax transmission.
Notice deposited with the United States Postal Service in the manner described above
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will be deemed effective two (2) business days after deposit with the United States Postal
Service. Notice by telegram or overnight express delivery service will be deemed effective
one (1) business day after transmission to the telegraph company or overnight express
carrier, Notice by fax transmission will be deemed effective upon transmission with proof
of delivery.
All the communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi Riley P. Dog Park, Inc.
Attn: Director of Parks and Recreation Attn: Executive Director
P. O. Box 9277 13817 Gunwale Drive
Corpus Christi, TX 78469-9277 Corpus Christi, Texas 78418
Either party may change the address to which notice is sent by using a method set out in
subsection a of this section. Lessee shall notify the City of an address change within ten
(10) days after the address is changed.
Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in
performance due to any cause beyond the party's control including, without limitation, any
delays or failures in performance caused by strikes, lock outs, fires, acts of God or the
public enemy, common carrier, severe inclement weather, riots or interference by civil or
military authorities. The delays or failures to perform extend the period of performance
until these exigencies have been removed. The Lessee shall inform the City in writing of
proof of the force majeure within three (3) business days or otherwise waive this right as
a defense.
Section 31. Relationship of Parties. This Lease establishes a landlord/lessee
relationship, and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease, the City and Lessee will each act in
an individual capacity and not as agents, representatives, employees, employers,
partners, joint-venturers,or associates of one another. The employees or agents of either
party may not be, nor be construed to be, the employees or agents of the other party for
any purpose.
Section 32. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, if required by the City's Charter, in the legal section of
the local newspaper.
Section 33. Interpretation. This Lease shall be interpreted according to the Texas laws
which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where
this Lease was entered into and will be performed.
Section 34. Survival of Terms. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
the parties have expressly agreed survive any the termination or expiration; (b) remain to
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be performed; or (c) by their nature would be intended to be applicable following the
termination or expiration of this Lease.
Section 35. Limitation of Leasehold. City does not warrant its title to the Leased
Premises. This Lease and the rights and privileges granted Lessee in and to the Leased
Premises are subject to all covenants, conditions, restrictions, and exceptions of record
or apparent. Nothing contained in this Lease may be construed to imply the conveyance
to Lessee of rights in the Leased Premises that exceed those owned by City.
Section 36. Captions. The captions utilized in this Lease are for convenience only and
do not in any way limit or amplify the terms or provisions of this Lease.
Section 37. Severability. It is the definite intent of the parties to this Lease that every
section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given
full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease or the application of this
Lease to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Lease, or the application of the term or provision
to persons or circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment.
Section 38. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi
Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract.
Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form
1295 Certificate of Interested Parties as part of this contract. For more information, please review
the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee
agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with
the City Secretary's Office, if required. For more information and to determine if you need to file
a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
Section 40. Entirety Clause. This Lease and the attachments and exhibits incorporated into
this Lease constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise, with
reference to the subject matter of this Lease, unless contained ill this Lease are expressly revoked,
as the parties intend to provide for a complete understanding within the provisions of this Lease and
its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the
Premises to be used in the operations.
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EXECUTED IN DUPLICATE, each of which shall be considered an original, on the 1 8 day
of Cr---f ,2018.
LESSE ,
By:
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a Date
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Page 10 of 15
ATTEST: CITY OF CORPUS HRISTI:
I • I - _ _ - IR
Rebecca Huerta amuel Keith Selman
City Secretary Interim City Manager
Approved as to form:
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Lisa Aguilar,Assis ant City Attorney
I I - a-M- I V
Date
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Page 11 of 15
Exhibit A- Leased Premises
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Page 12 of 15
EXHIBIT B
INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained_and such insurance has been approved by the City. Contractor must not
allow any subcontractor, to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy
of Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.
The City must be listed as an additional insured on the General liability and Auto Liability
policies by endorsement, and a waiver of subrogation endorsement is required on GL,
AL and WC if applicable. Endorsements must be provided with Certificate of Insurance.
Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
C. In the event of accidents of any kind related to this contract, Contractor must furnish the
Risk Manager with copies of all reports of any accidents within 10 days of the accident.
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II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in statutory amounts according to the Texas
Department of Insurance,Division of Workers' Compensation. An All States Endorsement
shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business in the
State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term
of this contract and any extensions within 10 days of the policy expiration dates. All
notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or on
behalf of the named insured performed under contract with the City, with the exception of
the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation,non-renewal,material change or termination in coverage and not less than ten
(10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of Insurance
and applicable endorsements to City. City shall have the option to suspend Contractor's
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performance should there be a lapse in coverage at any time during this contract. Failure
to provide and to maintain the required insurance shall constitute a material breach of this
contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Contractor to stop work hereunder, and/or
withhold any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered under
this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
2018 Insurance Requirements
Legal Dept.
Dog Park Lease Agreement—Whitecap
10/23/2018 sw Risk Management
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Exhibit C
Riley P. Dog Park Operations
The following are the operational plans for Riley P. Dog Park to be located on 2.6 acres of land
owned by the City of Corpus Christi on land adjacent to the Whitecap Wastewater Treatment
Plan on Padre Island.
• The park will be built and maintained by member of a 501 (C) (3) currently in place with
a board of directors.
• Its initial construction will be financed by$26,000 already raised and additional funds
which have been committed but not collected pending the final approval of the park.
• The park will be open only during daylight hours. The gate will be locked at sundown.
• Dogs will be required to have all applicable vaccinations and licenses, enforced by the
volunteer operators of the park.
• The park will consist of two separate fenced areas for small dogs and large dogs
• It will include water and shade structures
• It will be open to the public
• The maintenance of the park ie: grass and garbage disposal will be the responsibility of
Riley P Dog Park volunteers
• No fees will be charged for entry or use
LI - URBAN
_ ENGINEERING Job No.43201.B9.00
February 28,2019
Exhibit A
2.54 Acre
Lease Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 2.54 Acre, Lease Tract, being over and across a portion of Whitecap Boulevard, a
public roadway, as shown on Padre Island - Corpus Christi Point Tesoro Unit 5, a map of which is
recorded in Volume 38, Pages 32-33, Map Records of Nueces County,Texas, and portions of Lot 1 and
Lot 2, Block 2, said Padre Island - Corpus Christi Point Tesoro Unit 5; said 2.54 Acre Lease Tract
being more fully described by metes and bounds as follows:
Beginning, at a 5/8 Inch Iron Rod Found, on the Southeast boundary line of Lot 2, of the said Block 2
and a 9.676 Acre Tract described in a Deed from Padre Island Investment Corporation to The City of
Corpus Christi, as recorded in Document Number 937470, Deed Records of Nueces County, Texas,
being a West corner of the said Whitecap Boulevard, for the North corner of the said Lot 1;
Thence, North 27°17'54" East, with the common boundary line of the said Southeast boundary line
and a Northwest Right-of-Way line of the said Whitecap Boulevard, 40.00 Feet, to the North corner of
this Tract;
Thence, South 62°42'06" East, over and across a portion of the said Whitecap Boulevard, 100.00 Feet,
to the East corner of this Tract;
Thence, South 27°17'54" West, over and across the said Whitecap Boulevard, 40.00 Feet, to the
common boundary line of the said Lot 1 and the said Whitecap Boulevard, for the North corner of a
1.805 Acre Lease Tract,as recorded in Ordinance No. 029170, dated August 23, 2011;
Thence,North 62°42'06" West,with the said common boundary line, 50.00 Feet;
Thence, South 27°17'54" West, over and across a portion of the said Lot 1, at 90.00 Feet pass a 5/8
Inch Iron Rod Found, in all 409.35 Feet;
Thence,over and across portions of the said Lot 1 and Lot 2 as follows:
• North 63°37'16" West, 106.73 Feet;
• South 27°17'54" West,419.20 Feet,to the South boundary line of the said Lot 1;
Thence,North 74°42'06" West,with the said South boundary line of the said Lot 1, 175.01 Feet;
S:\Surveying\43201\B900\OFFICE\METES AND BOUNDS\FN_2.54Ac_20190214_SRP.Doc
Page 1 of 2
OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TRPF Firm# 145 •TRPI.S Firm# 1(M174M
Thence North 27°17'54" East, over and across portions of the said Lot I and Lot 2, 503.73 Feet, to the
South boundary line of the said 9.676 Acre Tract;
Thence South 63°26'22" East, with the said South boundary line of the said 9.676 Acre Tract, 227.92
Feet;
Thence, North 27°17'54" East, with the common boundary line of the said 9.676 Acre Tract, the said
Lot 1 and said Lot 2, at 210.07 Feet, pass a 5/8 Inch Iron Rod Found, at 270.13 Feet, pass a 5/8 Inch
Iron Rod Found, in all 399.99 Feet, to the Point of Beginning, containing 2.54 Acres (110,642 Square
Feet)of Land, more or less.
Grid 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.
Unless this fieldnotes description, including preamble, seal and signature, appears in its
entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference
accompanying sketch of tract described herein.
,`.�P�G TT,N•F-!' ', URBAN ENGINEERING
'I`• .* ,
'_- JAMES DAVID CARR; *IL
A 6458 IAMfr)
1'9OFfss\d�Q� '/ NO
< James D.Carr,R.P.L.S.
License No. 6458
S:\Surveying\43201\B900\OFFICEMETES AND BOUNDS\FN_2.54Ac_20190214_SRP.Doe
Page 2 of 2
OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE.Firm# 145 •TRPI.S Firm# 1 nnalan 1
N
N
or
SITE Whitecap Boulevard o
a
F f ;,, s -F i
COUNTY OF NUECES 4 tee`.
CITY OF CORPUS CHRISTI ,< , ,
�; �` � LOCATION MAP N.T.S.
'Logi
9ot0/)
Ch
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9.676 Acres out of Lot 2 fie/
Owner: City of Corpus Christi
Doc. No. 937470
D.R.N.C.T
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Point
g nn g0 Whitecap Boulevard
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41
�. 43
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Lot 2, Block 2 p�
Pa. Island - Corpus Christi��a �c ,.-.\ •
Poi Tesoro Unit -5 .h w
Vol. 38, Pgs. -33, M.R.N.C.T. ,'. . '0
Lease Tract N �a` ,,�.,' y
2.54 Acres is 2 .
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(110,642 Sq. Ft.) A -�°' co
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Padre i•s and i`so, 41`
2 a� o
dol. ,„Pint Pgs Teso� Co pus C ,irr ^M
. 32_ ,nit hrlsti k ��c^.
3, MRN.0 �^ °a
T ry ftco 4IP• 4111/
e Exhibit B
Novl90t/o Sketch to Accompany
n ChOnnet
Fieldnotes, for a 2.54 Acre, Lease Tract, being over and
across a portion of Whitecap Boulevard, a public roadway, as
shown on Padre Island — Corpus Christi Point Tesoro Unit 5,
Legend: a map of which is recorded in Volume 38, Pages 32-33,
• 5/8 Inch Iron Rod Found Map Records of Nueces County, Texas, and portions of Lot 1
and Lot 2, Block 2, said Padre Island — Corpus Christi Point
LINE BEARING DISTANCE Tesoro Unit 5. DATE: FEB. 28, 2019
L1 S 62'42'06" E 100.00' SCALE: 1"=200'
L2 S 27'17'54" W 40.00' (URBAN JOB NO.: 43201.69.00
L3 N 62'42'06" W 50.00' I
ENGINEERING SHEET: 1 1
0032400
L4 N 63'37'16" W 106.73' ,ma,45 ,OPLS Flmm ma 1 DRAWN BY:: C.SRP
WPC rws ,L5 N 74'42'06" W 175.01 ' ' " 1.84031 A„ ,0. urbansurvey1®urbaneng.com
L6 S 63'26'22" E 227.92' 02019 by Urban Engineering
® - S .=, nq\432\1\b X00\E/0 72�_ H930 21 13-31 4.dw0