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HomeMy WebLinkAbout020535 ORD - 11/29/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE NAVY FOR THE USE OF APPROXIMATELY 28.3 ACRES OF FEDERAL PROPERTY FOR CONDUCTING YOUTH SPORTS PROGRAMS; AND AUTHORIZING A LICENSE AGREEMENT BETWEEN THE CITY AND THE OSO YOUTH SOCCER LEAGUE FOR THE USE OF SAID FEDERAL PROPERTY. 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 license agreement with the United States Department of the Navy for the use of a parcel of federal property located at the northeast corner of Peary Place adjacent to South Padre Island Drive, inside the security fence, of approximately 28.3 acres for use by the Oso Youth Soccer League for conducting a youth sports program as administered by the Park and Recreation Department, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, and made a part hereof, marked Exhibit 1. SECTION 2. That the City Manager is further authorized to execute and administer a license agreement between the City and the Oso Youth Soccer League and for the use of said 28.3 acres of federal property in accordance with said agreement, a substantial copy of which is attached hereto, marked Exhibit 2. 207JB050.ord 20535 MICROFILMED LICENSE FOR NONFEDERALUSE OF REAL PROPERTY NAVFAC 11011129 (6-75) (Supersedes NavDocks 2260) THIS LICENSE TO USE THE US. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE REVERSE SIDE HEREOF. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS, CONDITIONS AND GENERAL PROVISIONS. LICENSE NUMBER N62467 -88 -RP -00218 1. NAVAL ACTIVITY (Property location) 2. DATES COVERED (Inclusive) Naval Air Station Corpus Christi, Texas FROM 1 Se tember 1988 TO 31 August 1993 3. DESCRIPTION OF PROPERTY (Include room and b ildinn numbers appno nate) L a n only. Approximately Z8.3 acres at Peary Place as outline on Exhibit A attached hereto. Construction of two temporar storage facilities authorized. Use of Skid -O -Cans authorized. Authorized to instal gate in boundary fence on west side of the field to be used exclusively by the Soccer League during construction phase of South Padre Island Drive. 4. PURPOSEOF LICENSE To provide an area to Oso Soccer League for fields for their sports activities. No additions are to be added without prior approcal of Southern Division, NAVFACENGCOM. No significant environmental impact is expected as a result of the use of this property for this purpose. UNITED STATES OF AMERICA DEPARTMENT OF THE NAVY 5a. LOCAL REPRESENTATIVE, DEPT. OF NAVY OFFICIAL (77tle and address) Commanding Officer, Naval Air Station, Corpus. Christi, Texas 78419-5000 6. LICENSEE (Name and address) City o Cor us Christi OSO Soccer Leag ecrrea ion ue artmen PO Box 9277 P x Corpus Christi, T e as 78469- 9277 6a. LOCAL REPRESENTATIVE (Name and address) e R. T. Bruner, Director P.O. Box 9277, Corpus Christi, Texas 78469-92; 7. CASH PAYMENT BY LICENSEE (Payable in advance) (If no cash payment is required, enter "None" under item 7a "Amount" a. AMOUNT (Each payment) b. FREQUENCY PAYMENTS OUE c. FIRST DUE DATE d. TO (Title and address of local representative of the Government) none NA NA NA 8. DEPOSIT FOR UTILITIES AND SERVICES (Payable in advance) (If no cash payment is required, enter "None" under item 8a "Amount") a. AMOUNT (Each deposit) b. FREQUENCY PAYMENTS DUE c. FIRST DUE DATE d. TO (Mailing address) NONE NA NA NA 9. INSURANCE REQUIRED AT EXPENSE OF LICENSEE (If any or all insurance requirements have been waived, enter "None" in a,b,c, or d as appropriate) TYPE MINIMUM AMOUNT TYPE MiNiMUM AMOUNT a. FIRE AND EXTENDED COVERAGE $ NONE c. THIRD PARTY PERSONAL INJURY PER PERSON $50,000.00 b. THIRD PARTY PROPERTY DAMAGE lOOOO.00 $ , d. THIRD PARTY PERSONAL INJURY PER ACCIDENT ZOO OOO.00 10. GENERAL PROVISIONS (See Reverse Side) Requirements for payment of cash consideration waived pursuant to Chapter 20, paragraph: 15, of NAVFAC P-73. 11. EXECUTION OF LICENSE FOR BY i DATE NAME AND TITLE (Typal) SIGNATURE DEPARTMENT OF THE NAVY W.M. ROBINSON, JR., Director Real Estate Division SOUTHNAVFACENGCOM LICENSEE If Licensee is a Corporation, Certification of signature is attached 111 ramorserei "p•sisamaq.w., ,. .i ,f •.a 1 i •• .• _'blI aiiv,si B4VId s �• 4. i ••'`/ \ / • . 1 1 • ' i ..• • • 1 i f t • • ♦� s • • a. et us • 11. ai ., ; \ ci ct 1 : \ i ‘ 6.--: I .1: 1 li I ',I i nal \-1-' r-7 / CC kr) Ct 0 J 0 EXHIBIT "A" 4 LICENSE AGREEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES ] This AGREEMENT made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY", and the OSO YOUTH SOCCER LEAGUE, CORPUS CHRISTI, TEXAS, hereinafter called "Licensee": WITNESSETH That the City of Corpus Christi, Texas, for and in consideration of the exchange of mutual covenants and conditions herein contained to be kept and performed, grant a permit to Licensee for the use of the following pieces or parcels of land located in Nueces County, Texas, being more particularly described as follows: Area of approximately 28.3 acres of land under the ownership of the United States Department of the Navy and under the administrative control of the City of Corpus Christi located on the northeasterly corner of Peary Place, inside of a security fence, as indicated on Exhibit "A", a drawing of Peary Place, attached hereto and made a part hereof. The Term of this permit shall be five (5)years, commencing , 19_, and subject to the following covenants and conditions: 1. Licensee 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 saidremises p to City in as good a condition as received, reasonable use, wear, acts of God, fire and flood damage and destruction excepted. 2. Licensee does by these presents and by entering upon the land agrees that no additions or alterations shall be made to the premises without the consent of the Park and Recreation Department in writing. Licensee further agrees that the Park and Recreation Department shall hall have administrative control for the use of the property, subject to the right of the Licensee to have exclusive control of the property during its use for youth sports program purposes. 3. The Licensee does by these presents and by its entry upon the land agree to use said premises for the establishment and maintenance of a recreational area for the benefit of the public with primary use being the -aforesaid youth soccer program and for no other purpose without' prior written consent of the Park and Recreation Department. 4. Licensee does hereby agree to pay for all utilities used by it on the said premises or used by any other activity sponsored by Licensee on said premises. 5. Licensee hereby agrees to conform to all rules set out by the City Manager and the Park and Recreation Committee of the City, and the U. S. Department of the Navy for the maintenance of said premise on a year-round basis. 6. Licensee does hereby agree to promptly execute and fulfill all of the ordinances of the City pertaining to health and 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, and connected with the operation of a ballpark on said premises at Licensee's own expense. Licensee further agrees to comply with the General Provisions of the U. S. Navy License for Non -Federal Use of Real Property as indicated on Exhibit "B", attached hereto and made a part hereof. 7. Licensee shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents and the United States Navy (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account ofp ersonal 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, thep erformance of this Agreement, 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 Indemnitees or any of them. Licensee 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. 8. Licensee shall secure and maintain throughout the term of this Lease, at its own expense, comprehensive general liability insurance in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) for bodily injury or death for any person, FIVE HUNDRED THOUSAND DOLLARS ($500,000) for bodily injury or death for any one occurrence, and TWENTY THOUSAND DOLLARS ($20,000) for property damages per person and ONE HUNDRED THOUSAND DOLLARS ($100,000) for property damages per occurrence. Said policy shall name the City and the U. S. Navy as additional insured, and a certificate of said policy shall be furnished to the City and Navy and maintained throughout the term of this permit. 9. The City hereby agrees that Licensee may at the end of the term of this lease remove at its own expense any and all improvements placed on said premises by Licensee which are unattached to the land and which may be removed without damaging the land. 10. Licensee further agrees to use a portion of said tract for parking purposes. Licensee shall be responsible for maintenance and construction of dustfree parking areas, maintaining suitable entrance and exit roads, properly designated, in accordance with standards set out by the Director of Park and Recreation. 11. It is understood that this agreement runs concurrently to the license agreement provided to the City, by the U. S. Department of the Navy and is revocable based on the termination provision of Section 10b of the General Provisions. 12. It shall be the responsibility of the Licensee to maintain a current list of its officers on file with the Park and Recreation Department. 13. This License Agreement contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. EXECUTED IN DUPLICATE ORIGINALS this day of , 19 . ATTEST CITY OF CORPUS CHRISTI: By Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: DAY OF Hal George, City Attorney By Secretary 9/88 OSO SOCCER LEAGUE CORPUS CHRISTI, TEXAS B Pko-A • R 3'! ziQ (INV -1St Bei Odd H.1.rt o S 10. GENERAL PROVISIONS a. The licensor hereby grants to the Licensee the right to use the premises or facilities described in item 3, together with the necessary rights of ingress and egress. b. This License shall be effective for the period stated in item 2 and is revocable at any time without notice at the option and discretion of the Licensor or its duly authorized representative. c. The use shall be limited to the purposes specified herein. d. This License shall be neither assignable nor transferable by the Licensee. e. If utilities and services are furnished the Licensee for its use of the premises the Licensee shall reimburse the Licensor for the cost thereof as determined by the Licensor in accordance with applicable statutes and regulations. f. The Licensee, at its own cost and expense, shall protect, main- tain, and keep in good order, the premises or facilities licensed hereby. At the discretion of the Licensor this obligation shall include, but not be limited to, contribution toward the expense of long-term main- - tenance of the premises or facilities, the necessity for which accrued during the period of Licensee's use. The amount of expense to be borne by the Licensee shall be determined by prorating the total expense of the item of long-term maintenance on the basis of fractional use by the Licensee. This fractional part of the total expense shall be prorated further if the item of long-term maintenance did not accrue in its entirety during the Licensee's use. Upon a determination by the Licensor that the necessity exists for an expenditure of funds for maintenance, protec- tion. preservation or repair, the Licensee shall pay to the Licensor its proportionate share, on demand. g. No additions to, or alterations of, the premises or facilities shall be made without the prior consent of the Licensor. Upon revocation or surrender of this License, to the extent directed by the Licensor, the Licensee shall remove all alterations, additions, betterments and improvements made, or installed, and restore the premises or facilities to the same, or as good condition as existed on the date of entry under this License, reasonable wear and tear excepted_ h. The Licensee" shall be liable for any loss of, or damage to, the premises or facilities incurred as a result of its use and shall make such restoration or repair, or monetary compensation as may be directed by the Licensor. The Licensee's liability for loss or damage to the premises resulting from risks expressly required to be insured hereunder shall not exceed the amount of insurance so required. The Licensee shall not be liable for loss of, or damage to, the premises arising from causes beyond the control of the Licensee and occasioned by a risk not in fact covered by insurance and not customarily covered by insurance in the locality in which the premises are situated. Nothing contained herein, however, shall relieve the Licensee of liability with respect to any loss or damage to the premises, not fully compensated for by insurance, which results from willful misconduct, lack of good faith, or failure to exercise due diligence, on the part of the Licensee. All insurance required of the Licensee on the premises shall be for the protection of the Licensor and the licensee against their respective risks and liabilities in connection with the premises. Each policy of insurance against loss or damage to Government property shall name the Licensee and the United States of America, Department of the Navy, as the insured and shall contain a loss payable clause reading substantially as follows: "Loss, if any, under this policy shall be adjusted with (Name of Licensee) and the proceeds, at the direction of the Government, shall be payable to (Name of Licensee), and proceeds not paid to (Name of Licensee) shall be payable to the Treasurer of the United - States of America." In the event that any item or part of the premises or facilities shall require repair, rebuilding or replacement resulting from loss or damage, the risk of which is assumed under this paragraph h, the Licensee shall promptly give notice thereof to the Licensor and, to the extent of its liability as provided in this paragraph, shall, upon demand, either com- pensate the Government for such loss or damage, or rebuild, replace or repair the item or items of the premises or facilities so lost or damaged, as the Licensor may elect. Lf the cost of such repair, rebuilding, or replacement exceeds the liability of the Licensee for such loss or MAV FAC nom' (6-75) (Back) • damage, the Licensee shall effect such repair, rebuilding or replacement if -required so to do by the Licensor, and such excess of cost shall be reimbursed to the Licensee by the Licensor. In the event the Licensee shall have effected any repair, rebuilding or replacement which the Licensee is required to effect pursuant to this paragraph, the Licensor shall direct payment to the Licensee of so much of the proceeds of any insurance carried by the Licensee and made available to the Govern- ment on account of loss of or damage to any item or part of the premises or facilities as may be necessary to enable the Licensee to effect such repair, rebuilding or replacement. Ln event the Licensee shall not have been required to effect such repair, rebuilding, or replacement, and the insurance proceeds allocable to the loss or damage which has created the need for such repair. rebuilding or replacement have been paid to the Licensee, the Licensee shall promptly refund to the Licensor the amount of such proceeds. i. The Licensee shall indemnify and save harmless the Government, its officers, agents, servants and employees from all liability under the Federal Tort Claims Act (62 Stat. 869, 982; 28 US.C. Sec 2671, 2680) or otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting from the use of the premises by the Licensee, and shall furnish the insurance specified in Item 9. Each policy of insurance required in Item 9 covering bodily injuries and third party property damage shall contain an endorsement reading substantially as follows: "The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy." j. All insurance required by this License shall be in such form, for such periods of time, and with such insurers as the Licensor may re- quire or approve. A certificate of insurance or a certified copy of each policy of insurance taken out hereunder shall be deposited with the Licensor's local representative prior to use of the premises and facilities. The licensee agrees that not less than thirty (30) days prior to the expiration of any insurance required by this License, it will deliver to the Licensor's,local representative a certificate of insurance or a certi- fied copy of each renewal policy to cover the same risks. k. No member of or Delegate to Congress, or Resident Commis- sioner shall be admitted to any share or part of this License or to any benefit that may arise therefrom; but this provision shall not be con- strued to extend to this License if made with a corporation for its general benefit. 1. The Licensee warrants that it has not employed any person to solicit or secure this License upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Government the right to annul this License or in its discretion to recover from the Licensee the amount of such commission, percent- age, brokerage or contingent fee in addition to the consideration herein set forth. This warranty shall not apply to commissions payable by the Licensee upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the Licensee for the purpose of securing business. m. In connection with the performance of work under this License, the Licensee agrees not to discriminate against any employee or appli- cant for employment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentite- ship. The Licensee agrees to post hereafter in conspicuous places avail- able for employees and applicants for employment, notices to be pro- vided by. the Licensor setting forth the provisions of the nondiscrimina- tion clause. The Licensee further agrees to insert the foregoing provision in all subcontracts hereunder, except subcontracts for standard com- merical supplies or raw materials. n. All activities authorized hereunder shall be subject to such rules and regulations as regards supervision or otherwise, as may, from time to time, be prescribed by the local representative of the Licensor as designated in Item Sa. EXHIBIT B That the foregoing ordinance was read for he first time and passed to its second reading on this the S day of J , 19 gg , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruetottz- Mary Rhodes v, Frank Schwing, Jr. (� Mary Pat Slavik Linda Strong y_., That the foregoing ordinance wap read for the seco d time and p sed to its third reading on this the /,Q day of C LryijjLj , 19 - , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong (1(4, U,Q�,QAa1�� That the foregoing ordinancewa re d for the,Aird time and passed finally on this the � day of �(j1,(,Q19 K� , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Awl> PASSED AND APPROVED, this the ATTEST: City Secretary APPROVED: j4DAYOF 0(40Q-9-1( HAL GEORGE, CITY ATTORNEY By A/ •1 19 w�s Assistant C rAttorney 99.044.01 Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong day of %ClaititA) 19 b e , M YOR THE CITY OF CORPUS CHRISTI, TEXAS 20535 PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 3243 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricia, Nueces, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 30th day of October 1988, and each day thereafter for zero consecutive day(s). one Times $ 42.00 Subsbed and sw' mfore Senior Accounting Clerk Anna Gazra Notary Public, Nueces County, Texas My commission expires on 8.25.92 to beforemethis 1st day of November, 1988. Christi& Te on the 25th d text- e Offic �~~°