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Home My WebLink About020213 ORD - 02/16/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH TEJAS BOWMAN ARCHERY ASSOCIATION FOR TWO TRACTS OF LAND LOCATED NEAR THE ALLISON WASTEWATER TREATMENT PLANT TO BE USED FOR RECREATIONAL PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with Tejas Bowman Archery Association for two tracts of land located near the Allison Wastewater Treatment Plant to be used for recreational purposes, 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. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 204RP067.ord 20213 MICROFILMED THE STATE OF TEXAS COUNTY OF NUECES ( ( LEASE AGREEMENT THIS AGREEMENT, made and entered into this the day of , 1987, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City", and TEJAS BOWMAN ARCHERY ASSOCIATION, Corpus Christi, Texas, hereinafter referred to as "Lessee", a nonprofit organiza- tion 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 ($1.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents lease and demise unto Lessee the following de- scribed 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 draw- ing, a sketch of which is attached hereto and made a part hereof. The term of this lease shall be for five (5) years, begin- ning October 22, 1987, 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 expira- tion 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:01H11016 J? A. Public liability insurance in the amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death to any one person, Three Hundred Thousand Dollars ($300,000) for bodily injury or death for any one occurrence, and Twenty -Five Thousand Dollars ($25,000) 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 can- celled unless thirty (30) days' written 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 prem- ises pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement. B. Lessee shall fully indemnify, save and hold harm- less City, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, this Lease or any operations or activities thereunder, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, in whole or in part, the negligence or other fault of the Indemni- tees or any of them. Lessee shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 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 Association. 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 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, 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 if the premises were in the City limits. A:01H11016 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 con- nected 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. H. Notwithstanding any right of City to inspect or approve any improvement or activity hereunder, Lessee understands and agrees that it and its members are solely and exclusively responsible for all activities on the leased premises and control thereof, and that City has no responsibility for safety of the premises or any activity thereon, and Lessee shall not rely on any City inspection or action and shall be solely responsible for the safety of all activities on the premises. I. Lessee agrees to pay in full, before they become delinquent, all taxes, assessments or liens which may be levied, assessed, charged or imposed upon the premises, or any part thereof, resulting from the use of such premises, the improvements, or other activities sponsored on the premises by Lessee. WITNESS the hands of the parties hereto, this the day of , 1987. ATTEST: CITY OF CORPUS CHRISTI By: By City Secretary Craig A. McDowell City Manager APPROVED: day of , 1987 Hal George, City Attorney By Assistant City Attorney 01H11016.agm CITY TEJAS BOWMAN ARCHERY ASSOCIATION LESSEE .1 ice'/7• ; 8n Tejai• tQotwo�ti�t -/ Are'r� �tSSOti4 '�'a c1 Pre pAsec koa44N S; -e Arrc. oo ni Jac i?Qe 67 ; v, d Le,,.z T'L'. e15 1 tlwv.,dI I PnSC' f,: i1,2 • lo -IV V That the foregoing ordinance wa read for e first time and pawed to its second reading on this the ,�, hday of �S ri , 19,c6, by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss amt Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance was read for, third reading on this the /'N41 day of following vote: ALL__ NbOhLt he second time and passed to its , 19 Og , by the Betty N. Turner (j Bill Pruet David Berlanga, Sr. Mary Rhodes Leo Guerrero Frank Schwing, Jr. Clif Moss Mary Pat Slavik Linda Strong That the foregoing ordi �� a�ce was read for the third time and passed finally on this the j(eday of _' )1),U(tt1.,. , 19 $g , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss PASSED AND APPROVED, this the ATTEST: City Secretary APPROVED: // {QDAY OF J79ti HAL GEORGE CITY ATTORNEY By Assistant City Attorney 99.044.01 Bill Pruet di Mary Rhodes 4/_x_____ Frank Schwing, Jr. Mary Pat Slavik 442_____ Linda Strong 44y_, //4-11 day of 61Auctitti, . C:;L//11-41____ THE CITY OF CORPUS CHRISTI, TEXAS 20213