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HomeMy WebLinkAbout17314 ORD - 10/20/1982AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH TEJAS BOWMAN ARCHERY ASSOCIATION FOR LEASING OF TRACT A AND TRACT B, NUECES VIEW TRACTS, FOR USE AS AN ARCHERY RANGE; AND CANCELLING ALL EXISTING LEASES WITH TEJAS BOWMAN ARCHERY ASSOCIATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, - TEXAS: SECTION I. That the City Manager is hereby authorized to execute a lease agreement with the Tejas Bowman Archery Association for leasing Tract A and Tract B, Nueces View Tracts as shown in Volume 28, Page 64, Nueces County, Texas, Map Records, for use as an archery range, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That all existing leases with Tejas Bowman Archery Association are hereby cancelled. SEP 2 8 1984 4ficaaLMED,, r, . • LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, made and entered into this the day of , 1982, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City", and the TEJAS 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: WITNESSETH: That the City, for and in consideration of the sum of One Dollar (81.00), and other good and valuable consideration, the receipt and suf- ficiency 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 two tracts or parcels of land designated as Tracts "A" and "B" as shown on the attached drawing. 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 Citi 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 following 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 Park and Recreation of the City. 3. Lessee agrees to abide by the following covenants: A. Public liability insurance in the amount of Three Hundred Thousand Dollars ($300,000.00) for bodily injury or death to any one person, EXHIBIT "A" Three Hundred Thousand Dollars ($300,000.00) for bodily injury or death for any one occurrence, and Twenty-five Thousand Dollars ($25,000.00) for property damages. Said liability policies of insurance shall name City as an additional insured by their terms and shall contain provisions that they cannot be cancelled unless . thirty (30) days' notice of cancellation shall first have been served upon Lessor. Certificates of insurance for all said policies shall be furnished City prior to any activities on leased premises pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement. B. City shall not be liable for any reason under any circumstances to any member of the public nor to any member of the Lessee organization or its guests. C. The field range or any improvements thereto of any archery range to be constructed must be approved by the Director of Park 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 Associ- ation. All improvements shall have the prior approval of the Director of Park and Recreation before being constructed. D. Lessee agrees to pay for all utilities used by it on said pre- mises 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 iequirements imposed by the Health, Sanitation, Fire, and Police Departments, for the correction, prevention 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 of 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. 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. 2 WITNESS the hands of the parties hereto, this the day of ATTEST: , 1982. CITY OF CORPUS CHRISTI By Bill G. Read, City Secretary Edward A. Martin, City Manager APPROVED: /-7/1/ DAY OF J. Bruce Aycock, City Attorney , 1982: James K. Lontos Assistant City Manager 3 "CITY" TEJAS BOWMAN ARCHERY ASSOCIATION By "LESSEE" — .18 II Te jos A A 5=-16,;e0t; ch. Leo se Pre. pasl s4 -1-e • , „ - I c - .1 iniz..c-1•10•-• A ree, !.1 R 0 r2 Zt• ; •- - ..••;:-, • - I • r ..."...7- - -...:. - - • :- --- --7-!_?-c'' -- - --, ., 7 I • i -• • -6•-• 97/1. , ,Ino'A9-111: -,.-.--i.. - -' V-•?.."-/ •---- • e 1 4, –,...z -,- ----------__ °:______`t • `f. " • 0).:- • .--,---__ ... I, , 1 i — --t• 5-.3-_-• 4----> ---:- ••• 9 ' - .- ------ -------- _______:;:'::1:7-- -.-z-------- • 1 1 -i 1 -.7- 3 ° C t ---r*_a :_._.-.::, 1 . -- - r A s; 4 A I n se J- 1•••!.. • - • t..elo FicATEISiSSUECE'ASAWATIEFCCISINECIFIfvtintOMONIMANCVCONFEFICNOtRIGHIStIllOMMOCZERTMICATEICOW etertFccsFreeoasNarameNotextempoRtAtjamecaltertAGEAnommonlimsecticieseisremanows. nStfrafter:4:41411^: • NAME DDRESS OF AGENT OR BROKER 1 Albert H. Wohlers & co. 1500 Higgins Road Park Ridge, Illinois 60068 Certificate # 82- N_° 0564 . Atlanta International Insurance Company AME AND ADDRESS oF INSURED . TEJAS BOWMEN ARCHERY CLUB BONNIE ANDERSON BOX 4014 INGLESIDE, TEXAS 78362 . . P.O. Box 19796 - Atianta,Georgia 30325 EFFECTIVE 3-1-82 This is o certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. TYPE OF INSURANCE POLICY Llmita of Liability i In Thousands (MO) A POLICY NUMBER EXPIRATION DATE Each Occurr. Aggeoteie ' ; GENERAL LIABILITY 1:3 Compreisedeve Form 0 Prr.sni,“ • osiesillOns 0 Es/Amide ard,Gollepos Hazard . 0 Underground Hexed i GIA 5027 . . 3-1-83 ' epay injury Property Damege 3500 $ 50 I :500 - $ 50 • 0 Product./Completed tiH OPeraom azard 0 Contexture; Insurence 0 Broad Form Property Damage • Bodily Injury and Property Damage Combined $ $ 0 Independent Contractors 0 Personal Injury 'Applies to Products/Completed Operations H zerd $ (Pers. Injury/ AUTOMOBILE LIABILITY 0 Comprehensive Form 0 Owned Bodily Injury (Each Person) Bodily Injury Each Occurrence) $ S .., •X'; .',5 0 Hired . Property Damage $ • 0 Non -Owned Bodily Injury and Property Damage Combined s • EXCESS LIABILITY 0 Umbrella Form 0 Other Than Umbrella Form Bodily Injury and Property Damage Combined S S — WORKERS' COMPENSATION , EMPLOYEZ7.1ABILITY — StatutOry i.'r.t. .. . • - i . • OTHER NFAA Meniber Personal Liabilit GIA 5027 3-1-83 $25,000 each occurence IDiSCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES "It is hereby agreed and understood that the City of corpus Christi, Texas - Parks and Recreation Dept. is added as an additional insured . as respects the activities of Tejas Bowmen Archery Club." c Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice'to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any.kind upon the company. i NAME AND ADDRESS OF CERTIFICATE HOLDER: City Corpus a DATE ISSUED* -9g -R7 of Christi, Texas Parks & Recreation Deot. 222 Belden ,1 .p/..'; 'NIA:- Corpus Christi, Texas 78415 AufilliiDes "":- - A0.1 CERT (12/ 9) That the foregoing ordinancep,xad for t f'r t time kid passed to its second reading on this the 4.0 day of , 191Z., , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read fo third reading on this the 115 day of following vote: Luther Jones Betty N. Turner Jack K-.--0-umphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoingLprdinance wpflre d for the tlAgi time on this the :21977k... day of LI , l9.±__, by ond time ad passed to its , 19 2—/ , by the Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ATTEST.: City Secretary and the passed finally following vote: APPROVED: DAY OF 7 19 : . J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney MAYOR Je( THE CIF CORPUS CHRISTI, TEXAS 19 PUBLISHER'S AFFIDAVIT - - STATE OF TEXAS, tss: County of Nneces. #V3809 CITY OF CC. Before me, the undersigned, a Notary Public, this day personally came LOFtRAINE C. MARTINEZ who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE,... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the....18thday of... OCTOBER _ 19 82 , and once earb , dqy thereafter for. rmg. consecutive.....dey ...... Iv_ 27. 00 LORRAINE C. MARTINEZ ACCOUNTING CLERK 26th OCTOBER Subscribed and sworn to before me this day hivictito 6, 02 EUGENIA S.CORTEZ Notary Pu6Iic, Nueces County, Tex 19 82 „a'jw., Val cracre, PASSAGE 4; ORDINANC ON— - SECOND READIISC!. AUTHORIZING A LEASE '4- allf %WAIN 'UR' , ERY ASSOCIATION LEASINGOF TRACT 'A AND TRACT 8, NUECES.- I VIEW TRACTS, FOR US' AS AN ARCHERY RANGE/ ' AND CANCELLING ACL EXISTING LEASES WITO.- , TEJAS BOWMANARCH- ERY ASSOCIAT1061. - Was passed "bn second treading by the City Coung11.- of the City of Corpus '251rIsti, Texas on the 13th day of Oc..-- rober, 1982, previously passed on first reading os.. October 6, 1922. The full Nat .., of said ordinance is svelte blit, - to the public In the Office of the City Secretary-s.E1111 G. Read OtrYpaTtlegit- - Tex