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Home My WebLink About09096 ORD - 10/30/19680 IMS:FMB:9 -10 -68 TEXAS: w 1 . AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHUSTI, TO EXECUTE A LEASE AGREEMENT WITH THE NUECES BOWMAN ARCHERY CLUB, LEASING TO SAID NUECES BOWMAN ARCHERY CLUB A 36 -ACRE TRACT OF LAND, DESCRIBED AS TRACT "A", NUECES VIEW TRACTS AS SHOWN IN VOLUME 28, PAGE 64, NUECES COUNTY, TEXAS, MAP RECORDS, FOR THE PURPOSE OF PROVIDING AN ARCHERY RANGE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH THE NUECES BOWMAN ARCHERY CLUB, LEASING TO SAID NUECES BOWMAN ARCHERY CLUB A 36 -ACRE TRACT OF LAND, DESIGNATED AS TRACT "A ", NUECES VIEW TRACTS, AS SHOWN IN VOLUME 28, PAGE 64, NUECES COUNTY, TEXAS, MAP RECORDS, FOR THE PURPOSE OF PROVIDING AN ARCHERY RANGE, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. h 9091; LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES j THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF , 1968, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY", AND THE NUECES BOWMAN ARCHERY CLUB, CORPUS CHRISTI, TEXAS, HEREINAFTER REFERRED TO AS "LESSEE't, A NONPROFIT ORGANIZATION OPERATING FOR THE PURPOSE OF PROVIDING AN ARCHERY RANGE FOR PERSONS INTERESTED IN ARCHERY: W I T N E S S E T H THAT THE CITY, FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00), AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT AND SUFFI- CIENCY OF WHICH IS HEREBY ACKNOWLEDGED, DOES BY THESE PRESENTS LEASE AND DEMISE UNTO LESSEE, THE FOLLOWING DESCRIBED PIECE OR PARCEL OF LAND, LOCATED IN NUECES COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEING A TRACT OR PARCEL OF LAND DESIGNATED AS TRACT °Af1, NUECES VIEW TRACTS, AS SHOWN IN VOLUME 28, PAGE 64, MAP RECORDS OF NUECES COUNTY, TEXAS, A SKETCH OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. THE TERM OF THIS LEASE SHALL BE FOR TWO (E) YEARS, BEGINNING UPON EXECUTION HEREOF BY THE CITY AND ENDING TWO (Z) YEARS FROM SAID DATE, SUBJECT, HOWEVER, TO THE RIGHT OF EITHER PARTY TO CANCEL SAID LEASE BY GIVING THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER PARTY, AND FURTHER SUBJECT TO THE FOL- LOWING COVENANTS AND CONDITIONS: 1. LESSEE DOES, BY THESE PRESENTS AND BY ENTERING UPON THE LAND, AGREE TO MAINTAIN THE LAND AND PREMISES DURING THE TERM OF THIS LEASE IN A CLEAN AND SANITARY CONDITION, AND AT THE EXPIRATION THEREOF TO RETURN SAID PREMISES TO THE CITY IN AS GOOD A CONDITION AS RECEIVED, REASONABLE USE, WEAR, ACTS OF GOD, FIRE AND FLOOD, DAMAGE AND DESTRUCTION EXCEPTED. m Z. LESSEE DOES, BY THESE-PRESENTS AND BY ENTERING UPON THE LAND, AGREE TO MAINTAIN AN ARCHERY RANGE THEREON. LESSEE FURTHER AGREES THAT THE MEMBERSHIP IN LESSEES ORGANIZATION SHALL NOT BE PROHIBITED BY RACE, COLOR, CREED OR SEX. LESSEE FURTHER AGREES THAT NO IMPROVEMENTS ARE TO BE BUILT WITHOUT THE APPROVAL OF THE DIRECTOR OF PARKS AND RECREATION OF THE CITY. 3. LESSEE AGREES TO ABIDE BY THE FOLLOWING COVENANTS: A. LESSEE WILL HAVE A GROUP LIABILITY INSURANCE POLICY IN EFFECT DURING THE ENTIRE PERIOD OF THIS LEASE WHICH WILL BE FOR THE PROTEC- TION OF THE PUBLIC AND COVER ALL ACTIVITIES OF THE CLUB AND ITS MEMBERS AT OR ON THE LEASED PREMISES. B. CITY SHALL NOT BE LIABLE FOR ANY REASON UNDER ANY CIRCUM- STANCES TO ANY MEMBER OF THE PUBLIC NOR TO ANY MEMBER OF THE LESSEE ORGANI- ZATION OR ITS GUESTS. C. THE FIELD RANGE OF ANY ARCHERY RANGE TO BE CONSTRUCTED MUST BE APPROVED BY THE DIRECTOR OF PARKS AND RECREATION OF THE CITY BEFORE ANY WORK IS INITIATED. ANY ARCHERY RANGE CONSTRUCTED SHALL BE APPROVED BY THE DISTRICT FIELD GOVERNOR OF THE NATIONAL FIELD ARCHERY ASSOCIATION. ALL IMPROVEMENTS SHALL HAVE THE PRIOR APPROVAL OF THE DIRECTOR OF PARKS AND RECREATION BEFORE BEING CONSTRUCTED. D. LESSEE AGREES TO PAY FOR ALL UTILITIES USED BY IT ON SAID PREMISES OR USED BY ANY OTHER ACTIVITIES SPONSORED BY SAID LESSEE ON SAID PREMISES. E. LESSEE DOES HEREBY AGREE TO PROMPTLY EXECUTE AND FULFILL ALL OF THE ORDINANCES OF THE CITY PERTAINING TO HEALTH, SANITATION AND TO EXECUTE AND FULFILL ALL ORDINANCES, ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH, SANITATION, FIRE AND POLICE DEPARTMENTS, FOR THE CORRECTIONS PREVEN- TION AND ABATEMENT OF NUISANCES AND/OR HAZARDS INS UPON OR CONNECTED WITH THE OPERATION OF AN ARCHERY RANGE ON SAID PREMISES AT LESSEES OWN EXPENSE, TO THE SAME EXTENT AS IF THE PREMISES WERE IN THE CITY LIMITS. F. LESSEE DOES HEREBY AGREE THAT THE CITY SHALL NOT BE RESPONSIBLE FOR DAMAGES TO PROPERTY OR INJURY TO PERSONS WHICH MAY ARISE -2- INCIDENT TO THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED. LESSEE FURTHER AGREES TO INDEMNIFY AND TO HOLD THE CITY HARMLESS FROM ANY LOSS OR DAMAGE THAT MAY OCCUR UPON SAID PREMISES WHICH LOSS OR DAMAGE ARISES BY REASON OF OR IS CONNECTED WITH LESSEES USE OF SAID PREMISES. G. CITY AGREES THAT LESSEE MAY AT THE END OF THE TERM OF THIS LEASE REMOVE ANY AND ALL IMPROVEMENTS PLACED ON SAID PREMISES BY LESSEE WHICH ARE UNATTACHED TO THE LAND AND WHICH MAY BE REMOVED WITHOUT DAMAGING THE LAND. WITNESS THE HANDS OF THE PARTIES HERETO, THIS THE DAY OF , 1968. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER IIC ITY" APPROVED: DAY OF SEPTEMBER, 1968: NUECES BOWMAN ARCHERY CLUB BY CITY ATTORNEY "LESSEE" Imp" , That the foregoing ordinance was read for the first _time and pas to its second reading on this the ay of 19 , by the following vote: Jack R. Blackmon Ronnie Sizemore --' -1 9V V. A. "Dick" Bradley, Jr. P. Jimenez, Jr., M. D. Gabe Lozano, Sr. 'fen McDaniel W. J. "Wrangler" Roberts Cj� feJ That the foregoing ordinance was read or the second time and passed to its third reading on this the � -day of 19 0 8 by tha following vote: ' Jack R. Blackmon Ronnie Sizemore V. A. "Dick" Bradley, Jr. P. Jimenez, Jr., M. D. Gabe Lozano, Sr.? Ken McDaniel W. J. "Wrangler" Roberts CCAJ That the foregoing ordinance was read for the third time and passed finally on this the�day of a J , 19 by the follow- ing vote: Jack R. Blackmon / Ronnie Sizemore V. A. "Dick" Bradley, Jr. P. Jimenez, Jr., M. D. Qom, Gabe Lozano, Sr. Ken McDaniel�� 17. .,. "Wrangler" Roberts PASSED AND APPROVED, this the 2-6- 0y ATTEST: City 5 c tart' R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO T,' AL�?A2'1 THIS T E T1�DAY OF 19 �. City Attorney