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
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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
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