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HomeMy WebLinkAbout10022 ORD - 12/09/1970AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A I.FASE AGREEMENT WITH THE TEJAS BOWMAN ARCHERY ASSO- CIATION LEASING TO SAID TEJAS BOWMAN ARCHERY ASSOCI- ATION 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, TEXAS• 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 Tejas Bowman Archery Association, leasing to said Tejas Bowman Archery Association a 36 -acre tract of land, designated as Tract 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. 10022 • J.RASE AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT, made and entered into this the day of 1970, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City ", and the TEXAS BOWMAN ARCHERY ASSOCIATION, Corpus Christi, Texas, hereinafter referred to as "Lessee ", 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 R: 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 "A ", 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 five (5) years, beginning upon execution hereof by the City and ending five (5) 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. 2. 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 Lessee's 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. Said insurance shall, be evidenced by certificate furnished to the City Secretary. 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. Cr The field range or any improvements thereto 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 construction shall be approved by the District Field Governor of the National Field Archery Asso ciation. 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 correction, preven- tion and abatement of nuisances and /or hazards in, upon or connected with the operation of an archery range on said premises at Lessee's 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 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 Lessee's use of said premises. -2- • 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 ,.1970. ATTEST: CITY OP CORPUS CHRISTI City Secretary APPROVED: By R. Marvin Townsend City Manager "CITY" 4i' DAY OF NOVEMBER, 1970: TEJAS BOWMAN ARCHERY ASSOCIATION y Attorney By "LESSEE" That the foregoing ordinance was read for t - first time and passed to its second reading on this the 4Lday of 19 %o , by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore • That the foregoing ordinance was read orAthe second time and passed to its third reading on this the //av day of , 19 70 by the following vote: • Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the fo5gggoing ordinance vas, read or the third time and passed finally on this the ya.„ day of GL�.5 o.C.,) 19 % , by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore PASSED AND APPROVED, this the • ATTES�� ay of / 19 y� . Ci Secret iTE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS THE T DAY OF , 19_ City Attorney November 5, 1970 Mr. Leland Barnes Classified Manager Caller 1 Times - P.O. Box 9136 Corpus Chrlstl, Texas 78408 Dear Leland: Herewith- is a notice of an Ordinance pertaining to the authorization of a Lease with Texas Bowman Archery Association which you will please publish November 9 and November 16, 1970. - Sincerely, T. Ray Kring - City Secretary TRK /jw Enclosure An Ordinance authorizing and directing the City Manager to execute a Lease Agreement with the Tolos Bowman Archery Association, a nonprofit organization operating for the purpose of providing an archery range for persons interested in archery, leasing to said Texas Bowman Archery , Association a 35-acre tract of land "designated as Tract "A ", Nueces View Tracts, as shown in Volume 28, Page 64, Map Records of Nueces County, Texas, for consideration of the sum of One Dollar ($1.00) and other good and valuable considerations for a term of five years. T. RAYIRING, City Secretory City of Corpus Christi, Texas