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HomeMy WebLinkAboutC2021-262 - 6/30/2021 - NA AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY REGARDING PARKER POOL SWIM ADMISSION FEES FOR 2021 This Amendment No. 1 to the Agreement between City of Corpus Christi and Nueces County regarding Parker Pool Swim Admission Fees 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, in December 2018, the City of Corpus Christi and Nueces County entered into the Agreement between City of Corpus Christi and Nueces County Regarding Parker Pool Property For Utilities, Use of and Transfer of Property, ("the Agreement") providing for payment for utilities, and the use of and transfer of property located at or near 654 Graham Road: the swimming facility known as "Parker Pool", from the City to the County; WHEREAS the Agreement provided for the County to provide a general public swim program at Parker Pool; WHEREAS,the City has enacted free general swim program for the pools owned and operated by the City, and is promoting similar free general public swim program for the Parker Pool; WHEREAS, Section 12 of the Agreement provides that amendments which do not change the essential purpose of the Agreement may be agreed to by the City Manager for the City and the County Judge for the County; NOW THEREFORE,this Amendment No. 1 to the Agreement is made and entered into by County and City for the mutual consideration stated herein. The parties agree to amend Section 2 DUTIES OF THE COUNTY of the Agreement by the addition of new subsection D to provide that during 2021 there will be no admission fees for the general public swim program as follows: 2. DUTIES OF THE COUNTY D. The County shall not charge any fee forthe free public swim program during 2021. The general public swim program will be free to the public throughout 2021, the free admission shall expire when Parker Pool closes for the 2021 season or on December 31, 2021 whichever date occurs first. The parties agree to amend Section 3 of the Agreement by addition of new subsection C to read as follows: _ 20210314-5119 '2r 2 3. DUTIES OF THE CITY C. In consideration of the free general public swim program in 2021 for minimum of 20 hours per week as described above in Section 2 subsection D, the City agrees to pay the County a one-time payment of $18,250. All payments made in accord with this Amendment No. 1, will be made from current revenues of the paying party. Payment shall be issued to the County to the following address: NUECES COUNTY TREASURER PO BOX 583 CORPUS CHRISTI, TX 78403 The parties agree that all other terms of the Agreement remain in full force and effect except as amended by this Amendment No. 1. This Amendment No. 1 takes effect on date of last signature. Agreed to by: S-1 c�v THE CITY OF CORPUS CHRISTI By:_ Date: 14 C4 i�4 P1 A�'C"X NUECES COUNTY Attest: By: Barbara Canales County Judge Aar- Sand Date: RAK�11\ Nueces County Clerk AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY REGARDING PARKER POOL SWIM ADMISSION FEES FOR 2021 This Amendment No. 1 to the Agreement between City of Corpus Christi and Nueces County regarding Parker Pool Swim Admission Fees 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, in December 2018, the City of Corpus Christi and Nueces County entered into the Agreement between City of Corpus Christi and Nueces County Regarding Parker Pool Property For Utilities, Use of and Transfer of Property, ("the Agreement") providing for payment for utilities, and the use of and transfer of property located at or near 654 Graham Road: the swimming facility known as "Parker Pool", from the City to the County; WHEREAS the Agreement provided for the County to provide a general public swim program at Parker Pool; WHEREAS, the City has enacted free general swim program for the pools owned and operated by the City, and is promoting similar free general public swim program for the Parker Pool; WHEREAS, Section 12 of the Agreement provides that amendments which do not change the essential purpose of the Agreement may be agreed to by the City Manager for the City and the County Judge for the County; NOW THEREFORE, this Amendment No. 1 to the Agreement is made and entered into by County and City for the mutual consideration stated herein. The parties agree to amend Section 2 DUTIES OF THE COUNTY of the Agreement by the addition of new subsection D to provide that during 2021 there will be no admission fees for the general public swim program as follows: 2. DLITIEa QF THE QQQNTY D. The County shall not charge any fee for the free public swim program during 2021. The general public swim program will be free to the public throughout 2021, the free admission shall expire when Parker Pool closes for the 2021 season or on December 31, 2021 whichever date occurs first. The parties agree to amend Section 3 of the Agreement by addition of new subsection C to read as follows: 20210314-5/19 2 3. DUTIES OF THE CITY C. In consideration of the free general public swim program in 2021 for minimum of 20 hours per week as described above in Section 2 subsection D, the City agrees to pay the County a one-time payment of $18,250. All payments made in accord with this Amendment No. 1, will be made from current revenues of the paying party. Payment shall be issued to the County to the following address: NUECES COUNTY TREASURER PO BOX 583 CORPUS CHRISTI, TX 78403 The parties agree that all other terms of the Agreement remain in full force and effect except as amended by this Amendment No. 1. This Amendment No. 1 takes effect on date of last signature. Agreed to by: THE CITY OF CORPUS CHRISTI - -y By:_ Date: Az;s+-, CA'+y AviA�-eal' NUECES COUNTY Attest: By` Barbara Canales .......... County Judge Sand Nueces County Clerk Date: Mau kq . r104 �>, 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 CoastalBend 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 steed use of City-owned adjacent parking lot to serve these individuals visiting Parker Pool; WHEREAS,the City as lana 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: _ C2018494 EEMENT 11t#,I18 Ord,031635 Nueces County l ANW D 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 131. 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, DEFAULTIWAIVER/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 COKrYS CHRISTI '�- By: Sam be-I Keith Se-6-in Amar gtLe Interim ityrna er OJE EkCCA HUM% Date: CITY SECRETARY APPROVED AS TO FORM: By: Lisa Aguilar, Assi t City Attorney For the City Attorney if i:: NUECEE COUNTY �, Attest: Y, E%,160 vi .r . Samuel Loyd Neal, r Ka a Sands County Judge v Nueces County Clerk Date: ! jLib n EXHIBIT Py--1 E?roGec—a t orµm�.q Omkwg.C.owm.At Laguna Business Center roQ,ns ewtu»c«.tu Vol.27,Pg.6,Mop t4W TT•�4 4 aw, Regards of t3ueCes Cnanty, Texas d }� a.00ro.of ta„os.co��rr..rmw sarzs'ax'� ar.�m �' W L17 { oaraa'u'w tn.sa' ! j Lf! �z US ��� � f.}itf aed gy twMwwwM sw AflNwinaawwwaof CC. S_4 A_L lever tl44 TMM 900%bw Mtltl.and va"No A"Olow o, as baatri AIZOT (CUM ,rad) � sufm owing/ow-r*) 1l Vftm A of loolom Owen wfor anaia Mutes/may 6a fa Vdw 07 feral I= *m I" data ob�Wr'2tf'22"N MW V �+ U MU Asa Moot M Masai wftM Mo aft OWIS of ft"M ptMii haw. saf a 10 siddlin bdw oo Oft tlut�t Lot D Laguno euainaea Center 1181'2/x' T7.Td� Vol. 27,Pg, 6,Map Records of Nusoes.County, I-cs w Sketch to Accompany fULOIf OICS for a M.MS Acre Twat,out of tot 0,Laguna 9todbeft Center,att of M noordod h Ydumw J 27`.Popov a,Nay Rsoardo of Nuaooa Count%Taros Point of Gommoncmant Point of seginninuk '! Hera+•artir serao s c at.w' saes t7AiE: Mo. 48, 2418 LAND& Graham Rood JOB N. 1--W 432 •t!s e a M gee r.uM Imo ) =ENGINFEERING :14b 18&48 i as raw resew rs a DRAWN Br MDG +n4� a/a mm ase xoa rasa Wxtwat4G.OT awe ay URBAN ENGINEERING Job No.043201.88.17 1140 November 20,2018 0.46 Acre Tract STATE OF TEXAS COUN'T'Y OF NUECES FkWnotes,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 Nuexes County, Texas; said 0.46 Acre Tract, being more fully described by metes and hounds as follows: Commencing, of the South corder of a 1.044 Acre Tract, as described in a Special Warranty Deed from Melba Welsh Chatham, Bea Welcher Irvin, Independent Executrix of the Estate of Jane Welsh Reyes,Agnes.Welsh Reyes Eyster, and N. J. Welsh, Ili,to the City of Corpus Christi recorded in Document Number 939941, Official Public records of Nucces County, 'Texas, on the Northeast Right-of-Way line of Graham Rose,a 60 foot vide public roadway,for the West corner of the said Lot D, from Whence, a 518 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.lane ofthe said Lot D and.Cream. 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 ]ine,over and across the said Lot D, 100.24 Feet,to the Point of Beginning and for a corner of this Tact; Thence,with the boundary of this Tract as follows * North 61°25'32"West, 19.05 beet; * North 73°2378"East,43.06 Feet; * North 16°46'05"West, 15.49 Feet; * North 61025'32"West,25.50 Feet * South 73006'13"West,40.99 Feet; * North 61°25'32"Nest,23.67 Feet; * North 1.5051'03"West,19.80 Feet;. * North 61-2532-West,78.38 Feet; a North 28434`38"Fast, 58.50 Feet; * North 89°50'42"West,21.20 Feet; a North 26°2942"West,2.00 Feet * North 28°3352"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 conker of Lot D, bears North 61°2542" West, 179.68 Feet,North 28°3352"East,298.96 Feet; * South 16054'35"East,34.69 Feet; * South 61°2532"East,36,22 Feet; S:1Survey u032011B81710MCE\NfflM k"0 B0UNDS\FfiT 43201B806 0.46Ac 20181120.Dac Page 1 of OFFICE,(361)854-3101 2725 SWANTNER DR.*CORPUS CHRISTI,TP.W 78404 FAX(351)85"N1 www.urbaoam.ccm TBPE Firm#145 9 TB:PIS Firm#10032400 • North M34'28"East,35.42 Feet; • South'151*26'08"East,36.12 Feet; • South 03°2320"East,-25.21 Feet; + South 61°2532"Fast,23.73 Feet;. • South 16°41''37"East,39.52 Feet; * North 74°01`47"East,82.14 Feet; + South 16°29'50"East,25.74.Feet; • South 71.1432"West,8.72 Feet; + South18*34"28"Vest,22.67 Feet; • South 16°5632"Bast,4»45 Fs * South 61°30"46"Est,27.27 Feet; • North 73°0948"F�4102.35Feet; * South 16°ST36" East, 5.00 Feet, to the East corner of this Tract,'frbm Whence, a 1#2 Inch Tran,Pipe Fou4 for.the Southeast comer,of Block C-3,Lagunai ess Center,n map of which 1S recorded in-Volume 45,Page 8,Map Records of Nueces County,Texas, bears South61°25'32"East,91.40 Veer,North 28033'52"East 670.63.Feet; * South 73°02'24"West, 104.1.5 Feet; * North 61'°2532"West,3 8.8 1 F * South 72°12'56"Wes,13.13 Feet; * South 28°34"28`"'West,39.96 Feet; • South.7rlG4I"West,42.66 Feet; Thence, South 28°34'28" gest, 9.69 Feet, to the Point of Be&nin& contau `{}.46 Acres (20,092 Square Feet)of t..and,more or less. Bearings and Distances shom hereon are referenced to the Texas Coordinate System of 1983, Texas Seth Zone 4205,and are based:on the North American,Datum of 1983(2011)Epoch 2010,€0. 0.46 Acre Tract is located within.the City limits of Carpus Christi, Texas and a subdivision based on this description may be in. violation of the current City of Corpus testi subdivision ordinance. Unless this fieldnote description,including preamble,seal and signature, appears in its entirety, in its original farm,surveyor assumes-no responsibility for its Also reference areompan ing sketch of Tract 0. IN j iJtiV lQ�xr ENS"". 6458 James D.Carr,RkL,S. Lic ens&No.6458 S:\Sarvcying'420 AB. FFItENETES AND BOUNDSTN 43201B$06.10.46Ac 20181120.Ikc page 2 of 3 OFFICE:(361)854-3101 2725 SWANI'NER DR.*,CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 u�smw.urtini•,T�m- TBPE,Firm# 145 9 TBPLS Firm# 111032400 Olock.C-3 o«uwc.a o eho9e eas«..nt Laguna Business Center t.a.u,.�.eoehn.carts Vol.27,Pg.e,Mop '/d,97,Pt,s,Mop Records.of Nu.ces Cewnty,Texut yyqqye H. W thl�c+m CaNIY.Terve 4 yam. "A sersir3Y 91.40• R 09T7A'4zY t�9.t9' r L15 .�+a�• rtGenerig Notem °� •- J X $6 L27 g'4}edd A�adONm9�9°t>l+awt 6�we a �� IN ame bond 3p [go-onnod] "tcAm Snemrd 8.0tnyfol.tarce7 4-1+" 23.panty b INFOR 40"- Yd9 arow Few i» set of sociv fer L5 34 See w" *Am new dds N31`2SS°32'W 718.3$' + _v 0} of *Wean QW%* Tom and 0 L7 ow�94r inttl a9 Lot.0 point of segkmhg Laguna 8uatire..Center Vol. 27, Pg.0.Mop Reuordt.of No—County, T-w Sketch to ACCUXxtpBnY f '1€S for a 0.40 Ass Treat,atl Of Ort D.LaWna Bu9ttwr aentr,a mqr at rdMd+kA ruve�d�d k+Vokrrta V.f S.Mop;=*of tiu my Count*Texas cktt of Cammencm.nt �` wr�4 st yr sert9 oet xe zr ©CMNs 6tt° Nov. 20 2018 L� Graham Road JOB 1'• (W ROW) EPtGtIVEERit G SH NO.: 43201 Be t7 /2 Wch hem Red FA.W A►iEE7i 1 OF S a{s area 9v dee Few. OlwbmOnyo<.n fllwe 6y Ue..6ngkwdkey , 3 77 *s IML 2' •"'^' 1 '. ��«G-.tom t4 O �(•:�s»F` �3. [' i }"Z�, E i�� ` �- ���y��.,. 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