HomeMy WebLinkAbout021164 ORD - 05/14/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A FIVE YEAR AGREEMENT BETWEEN
U. S. DEPARTMENT OF THE NAVY, GIVING THE CITY ADMINISTRATIVE
CONTROL OF 20.40 ACRES AT WALDRON FIELD; AND AUTHORIZING THE
EXECUTION OF A FIVE YEAR AGREEMENT BETWEEN THE CITY AND THE
FLOUR BLUFF SOCCER CLUB FOR UTILIZATION OF SAID PROPERTY;
AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
execute a five year agreement between U. S. Department of the Navy,
giving the City Administrative control of 20.40 acres at Waldron Field,
a substantial copy of which is attached hereto and made a part hereof,
marked Exhibit "A.0
SECTION 2. That the City Manager is hereby authorized to
execute a five year agreement between the City and the Flour Bluff
Soccer Club for utilization of said property, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit ""B.11"
SECTION 3. 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.
ORD4: 91103
MICROFILMEL
021164
LIGUORIFOR NONFEDERAL USE OF REAL PROPERTY
NAVFAC 1U11HL WIN (S..panedes Nsl/oMs 2260)
TINE Italaa. TO USE TEE US. GILVERNMOCT PROPERTY HEREIN DESCRIBED IS ISSUED EY THE
DE/ARTNENT OF THE NAVY 10 THE LICENSEE NAMED RE LOW FOR THE PURPOSE HEREIN SPECIFIED
UPON TEE TEAMS AND CONDITIONS SET FORTH MEOW AND THE GENERAL PROVISIONS ON THE
REVERSE 510E NEAEOf. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL
SUCH TERMS. CONDITIONS ANO GENERAL PROVISIONS.
LICENSE NUMBER
N62467 -91 -RP -00030
1. NAVAL AgIVITY //lo/ND' /oohs&) 7. OAFES COVERED (Inclusive)
Naval Air Station
Corpus Christi, TX 78419-5000 my 15 December 1990
TD 14 December 1995
S. OISCAERNU OF PROPERTY (/Nrpule mon .td building nwnhen when appropriate)
An area approximately 20.40 acres in size, located approximately 1100 feet north of
the southeast corner of NALF Waldron, inside the security fence, as shown on Exhibit
"A",
attached hereto.
•• PURPOSEOFUCENSE Land only. To accommodate soccer club activities consisting of various
size fields with movable goals (maximum height of 8'), portable concession stands
(8'X12') with electrical hookup. Entrance and exit to be through the most direct route
between gate and the area. Skid-o-kan authorized.
6. LICENSOR
UNITED STATES OF AMERICA
OEFASTMESETOFTHE NAVY
L LICENSEE f wad arhhws/ City of
Flour Bluff Soccer League
TXp/ngi1yggn6277pp.0' Box 9277
5a. LOCAL REPRESENTATIVE. DEPT. OF NAVY OFFICIAL (Ilt/e and address)
Commanding Officer, Naval Air Station,
Corpus Christie TX 78419-5000
Corpus Christi
, Recreation
, Corpus Christ
a. AMOUNT (Each
p sneer)
NONE
b. FREQUENCY
PAYMENTS ODE
6a. LOCAL REPRESENTATIVE (Name and address)
Malcolm Matthews, Director
Corpus oChristi, TX 78469-9277
7. CASH PAYMENT ET ICENSEE (Payabb M saw)
Ilf no rash payment N nqubd, enter ' None' under Item 7."Amount-1
c. FIRST OUE DATE d. TO (77,1eand Wiens of lora) representative of the Coverwnent)
NA
NA
NA
E. DEPOSIT VON UTILITIES ANO SERVICES Ihns, r adwaaal
1i no rWrprymenrbrqulnd corer"None"uAd.. /N Aa "A
a. AMOUNT(Earh
deposit)
NONE
D. FREQUENCY
PAYMENTS DUE
NA
c. FIRST DUE DATE
NA
d. TO (Mein address)
NA
E. INSURANCE REGIMEN AT EXPENSE OF LICENSEE
(lfany or all tntunnrr nqulrtmMtr hart 1. .. waived ret 'N b
TYPE
MINIMUM AMOUNT
tI one rn a, ,., w u ar appmprMrt/
TYPE
MINIMUM AMOUNT
I. FIRE AND EXTENDED
COVERAGE
$ NONE
c. THIRD PARTY PERSONAL
INJURY PER PERSON
S
150,000
O. THIRD PARTY
PROPERTY DAMAGE
u
$ 50,000
H. THIRD PARTY PERSONAL
INJURY PER ACCIDENT
$ 300,000
. OEMEML OYWOq (Sar ReEYrx Side
Requirements for payment of cash consideration waivered pursuant to Chapter 20,
paragraph 15, of NAVFAC P-73
II. EXECUTION OF LICENSE
FOR
DEPARTMEN
OF THE
NAVY
BY
NAME AND TITLE (7)pd)
EARL G. BAHAM, Director
Real Estate Division
.SQu.T.bNAYFACEN000M ..___
LICENSEE Juan Garza , City Manager
City of Uorpus Christi
P.O. Box 9277
Texas -1$49
I/ Licensee it at Corporation, Certification of signature is attach& LI
SIE
iGNATU
i
Attest:
Armando Chapa, t4ty Secretary
DATE
,w7o
L. Y L
n9,:, "A' Encl (2)
10. GENERAL RHOVISLONB
a. 11r LSaso, hereby yenta to the Licensee the ryh' to use the
premie or (sedum deaetihed I item 1, Needier with the ecewary
rights of Miss and nue,
b. Thus Leese Shat be Warne for the period stated 1n item 2 and
u reeocabk mi any lime without notice a1 the option and disunion of
lin Lamm or its duly authorized representative.
c. The we Nab* limited to the purposes specified herein.
d. This LJshell be neither magmanor Ir$nderable by the
LAcerlrr.
e. If uldks and eavices are furnished the Licensee for ils use of
the preWes the Licensee than rolmbune the Licensor for the cost
thereof as determined by the Licensee see In accordance with applecabk
statutes end regulations.
f. The licensee. at its own cost and expense, shat protect, main-
tain, and keep in good order, the premises or facilities licensed hereby.
At the insentient of the Licemor this oblivion dull include, but not
be bathed to, contribution lowed the expense of long-term maw
lemma of the premises in facilities. the necessity fon which accrued
during the period of Licensee's use. The amount of expense to lot borne
by the License shall be determined by prorating the total expense of
the item of long-term maintenance oathe bun of fractional use by the
Licensee. This hactioei part of the total exeunt shall be pIon,ed
further If the Item of long•lerm maintenance did not accrue in 11s entirety
durug the Licensees use. Upon a delermmulon by the Licensor that
the neuuity eek for an expenditure of funds for maintenance, protec-
tion, prexmtion or repair, the Licensee shat pay to the Licensor its
proportionate Ware, on demand.
g. No additions to, or duuhiom of, the premises or facilities shall
be made vrithobt the prion consent of the Lcenwr. Upon revocation or
surendr of ISS License, 10 the extent directed by the Licensor, the
Licensee shall remove all alterations. additions, beitrmenu and
improvement& made, or installed, and restore the premises or facilities
to the some, or as good condition as existed on the date of entry under
this License, reasonable wear end tear excepted.
h. The Licensee toll be liable for any lou of, or damage to, the
premises or facilities incurred as a recall of its we and shall rnake such
restoration or repair, or monetary compensation as may be directed by
the Licensor. The Licensee i liability Inc lou or damage to the premises
revelling from rusks expressly required to be insured hereunder Wall not
exceed Ne amount of insurance so required. lite Licensee toll not be
liable for lou of, or damage to, the premises arising from causes beyond
the control of the Licensee and occasioned by a risk not in feel covered
by Insurance sed not eutpmrdy covered by insurance in the locality
us which the promise are situated. Nothing contained herein, however,
shall relieve the Licensee of liability with respect to any boss or damage
to the premises, not fully compensated for by inwrance, which results
horn 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 pwlecniun of the Licensor and
the Licensee against their respective risks and IiabJitiee in connection,
wills the premie. Each policy of insurance against loss or damage 6,
Government property Wall name the Licensee and the United Simies of
America, Department of the Navy, u the inured and Wall contain a
lou pentable clue reading substantially as follows:
"tans, if any, under this policy shat 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 'fieasurer of the United
Slain of America,"
In the evens that any item or part of the premises oe facilities shall
requite repair. rebuilding oe ',placement resulting Iron. loss ur damage,
the risk of which Is assumed urdei this paograph h• the Licence toll
piompely Yee malice thereof 10 the Lanni: and, to the talent cel ns
liability u psovded in Ihk paragraph, Wall, upon de,nand, ailhe, col*
pent/ the GovMutwni for wch los or damage. w eebutd, replace on
repair dr lien am Bee of the premia or roadies so lot or damaged.
u the after easy elect. 1f the cost of such upon. rebuilding, or
replocomol exceeds the liabikty of the Licensee lot such lox or
NAVFAC 1NIIfaB14ic (pork/
damage, the Licensee Shell effect such repot, «Wilduoy or replacement
h1 required so to do by the Licenos, and aids eaten of con IMO Is
reimbursed 10 the Licensee by the Licensor. In the taenl the Limner
Nall have effteied any repair, rebuilding or replacement which the
Licensee u meshed 10 effect pursuant to this paragraph. the Lanier
shall dined payment to the ficennt of so much of the proceeds of any
insurance carred by the Licensee and recede available to the Govern;
mens on account of bre of or damage to any hem or pen of the
premises or facilities as may be necessery to enable the Usenet 10
effect such repair, 'thudding or replacement. In event the LIMBO that
not have been required to erre., such repair, rebuilding, or replecenmi
and the Inwrnsce proceeds allocable to the ion or damage which ham
crated the need for such repel, rebuilding or replacement have beau
paid to the Licensee, the Licensee shall promptly refund 10 the
Licensor the amount of web proceeds.
i. The Licensee ilull indemnify and save harmless the Government,
its officers, agents, servants and employees horn at liability under the
Federal Ton Claims Act (62 Stat. 869, 982; 28 US.C. Sec 2671, 2680)
or olheswme, (oe death or injury to at persons, or lou or damage to the
properly of all persons urolting from the use of the penises by the
Licensee, and null furnish the how/nee specified in Item 9. each policy
of law/ince required in tun, 9 covering bodily injuries and thud pany
property demait shall contain an endorsement reading substantially as
follows:
"The aware, waives any 1101 of aubiogatlon against 11e United
Stales of America which might arise by reason of an r
under this policy." Y payment male
j. All insurance required by this license shat be in such form, for
such periods of time, and with such insurers as the Licensor mty e.
quire or approve. A ceittfscate of msuranee 01 a certified copy of each
policy of Ins ranee taken out heieunder shall be deposited with the
Licensor's local representative prior 10 use of the premises and facjlnies.i
The License epees that not less than Thirty (30) days prior to the.
expiration of any insurance required by this License, 11 will deliver to
the Licensor's local mpresentauve a certificate of insurance ora cent.
fied copy of each renewal policy to cover the same risks.
k. Na member of or Delegate to Convex', o, Resident Commis.
ironer shat be admitted 10 any share or pan of Nu License or to any
benefit that nay wase therefrom; but this provision shall not be con•
timed to extend to this Licence if made with a corporation for ice general
benefit.
I. The Licensee warrants that it has not employed any person to
when or secure this License upon any agreement for a commission,
percentage, brattiest or contingent fee. Breech of this warranty shall
give the Government the right to annul this License or in its daseetio0
to 'trove' (corn the Licensee 111. amount of web commtsson, percent•
age, hrokerag( or contingent fee in addition to she consdenlan hereon
set forth. This wastmly shall not apply to mmmusom payable by the
Iacensee upon contracts or sales secued or made through boa fide
established commercial or selling agencies maintained by the Licensee
for the purpose al securing business.
,n. In connection with the performance of work under this License,
the Licensee agreesnot to d,wrima.ate against any employee or appli-
cant for employment because of race, religion, color, or national origin.
The aforesaid provision Wall include, but not he limited lo, the
following- employment, upgrading, demotion, or transfer; recmmmanl
ser renulmem advertising; layoff or lermsrslion;
of lomat of rumpencal on; and selection for (lalmmlg, Include ap r ntice-
ship. The Licensee ogees lis tea hereafter in conspicuous places avail•
able huh employees and applicants fur employment, notices to be p:o
aided by the Licensor selling food, the provisions of the nondneeumna.
Icon clause. Ti. Licensee fuIihet again In maim the tangoing pronsim
in all subcontracts leleumler, except whcontracts lar standard com-
merical supplies u1 law materials.
n. All actinl,es authumel hestundet Wall be subject to such rules
and regulations as trends supervision or oihemse, as may, from time
to time, be prescribed by the local tepreseutatjve of the licensor as
duig ural in Item Sa.
Approved as to form:
a. sJlaa t v:.. Pans t.,i• ::s.R.N'
By ,/l (Lunt an (f 4LiCet -
Alison Gallaway,
tee ict tr,t City At;nrrlcw
r
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SOCCER
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L E Gu t:
CITY OF CORPUS CHRISTI
FLOUR BLUFF SOCCER CLUB
LICENSE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This AGREEMENT made and
of Corpus Christi, Texas,
called "Licensor" and the
called "Licensee":
KNOW ALL MEN BY THESE PRESENTS:
entered into by and between the City
a municipal corporation, hereinafter
FLOUR BLUFF SOCCER CLUB, hereinafter
WITNESSETH
That Licensor for and in consideration of the exchange of
mutual covenants and conditions herein contained to be kept and
performed, grant a license for the use of approximately 20.40 acres
in size, located approximately 1100 feet north of the southeast
corner of NALF WALDRON inside the security fence, as shown on
Exhibit "A", attached hereto.
The term of this license shall be concurrent with and subject
to all terms and conditions of the License provide to the City by
the Department of the Navy for five (5) years commencing on
, 1991, and subject to the following covenants and
conditions:
1. Licensee
agrees
ntain the lanand reises
the term ofthis eagreement oinmalclean and sanitary condition.during
2. Licensee agrees that no additions or alterations shall be
made to the premises without the consent of the City's Park and
Recreation Department in writing.
3. Licensee agrees to use said premises for the establishment
and maintenance of a recreational area for the benefit of the
public with primary use being youth programs 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.
5. Licensee hereby agrees to conform to all rules set out by
the City Manager and the Park and Recreation Advisory Committee for
the City 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 sanita-
tion, and to execute and fulfill all ordinances, orders and re-
quirements 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 said premises at Licensee's own expense.
tvrLAiu”nrr n il!
7. Licensee shall fully indemnify, save and hold harmless the
City of Corpus Christi, its officers, employees, and agents (here-
inafter "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, the performance 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 agreement, at its own expense, comprehensive general liability
insurance in the amount of ONE HUNDRED AND FIFTY THOUSAND DOL-
LARS($150,000) 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 damage per person, and ONE HUNDRED THOUSAND DOLLARS
($100,000) for property damages per occurrence. Said policy shall
name the City and the department of the Navy as additional insured
and a certificate of said policy shall be furnished to the City and
maintained throughout the term of this permit.
9. Licensee further agrees to use a portion of said tract for
parking purposes. Licensor shall be responsible for maintenance
and construction of dust free parking areas, maintaining suitable
entrance and exit roads, properly designated, in accordance with
standards set out by the Director of Park and Recreation.
10. It shall be the responsibility of the Licensee to main-
tain a current list of its officers on file with the Park and
Recreation Department.
11. Licensee agrees to provide certain improvements on the
premises for the benefit and use of the public. The improvements
will be in accordance with applicable City codes and will include
the purchase, installation, and constructions of amenities as shown
on Exhibit A.
12. As provided and authorized by the City's Youth Sports
Assistance Program, the City agrees to pay Licensee the sum set
forth on Exhibit B on the condition that said funds be used to
assist Licensee in making said improvements. Such funds shall not
be used for.any administrative or other recurring costs.
13. The City shall disburse ten percent (10%) of the cost of
improvements with the balance to be disbursed for costs incurred
upon submission of proof of payment. The City shall disburse
additional amounts for a total amount not to exceed two-thirds of
costs incurred. The City shall not be liable for expenses or costs
which exceed the amount granted under the Youth Sports Assistance
Program.
14. Failure to construct the improvements as specified on
Exhibit B shall constitute a breach of this agreement and the City
may demand reimbursement of all funds or such remedies as may be
permitted by law. In the event legal proceedings must be institut-
ed for enforcement of this agreement, Licensee agrees to pay court
costs and reasonable attorney fees.
15. This agreement may be terminated at any time prior to
disbursement of Youth Sports Assistance Program monies to Licensee.
Termination of this agreement after the initial disbursements shall
require the written consent of the City and the return of all prior
disbursements received by Licensee.
16. This License Agreement contains all the provisions agreed
upon by the parties hereto and displaces all previous verbal or
oral agreements. If any section, paragraph, or provision of this
agreement shall be held invalid or unenforceable, it shall affect
any other section, paragraph, or provision of this agreement.
EXECUTED IN DUPLICATE ORIGINALS this
day of
ATTEST:
By:
, 1991.
CITY OF CORPUS CHRISTI:
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED this cal -4 day of FLOUR BLUFF SOCCER CLUB
ryiI , 1991 CORPUS CHRISTI, TEXAS, LICENSEE
JAMES BRAY, INTERIM
CITY ATTORNEY
9 q
By: �A l.Ld.t}, p4Le ea a Pt_ LI
Assistant ity Attorney)
By: , ,oti u.1.4l9_D�
cit ite_c
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FLOUR BLUE
SOCCER
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EXHIBIT B
Attached to and made a part of the Youth Sports
Assistance Program Agreement by and between the
City of Corpus Christi and FLOUR BLUFF SOCCER.
PROJECT SPONSOR: FLOUR BLUFF SOCCER CLUB
ADDRESS OF FACILITY: WALDRON FIELD
PRESIDENT'S NAME: JOHNNIE MARLEY
ADDRESS: 1402 DEWITT STREET
CORPUS CHRISTI, TEXAS 78418
TELEPHONE NUMBER: (512)937-5741
GRANT AMOUNT AUTHORIZED:
LEAGUE MATCHING AMOUNT:
TOTAL PROJECT:
1989 1991
$3,000.00 $ 4,087.00
$1,500.00 $ 2,044.00
$4,500.00 $ 6,131.00
SCOPE OF WORK:
2JFIRRIGATION AND WATER LINE IMPROVEMENTS, TURF IMPROVEMENT, PURCHASE
f GOALS, BLEACHERS, ROAD IMPROVEMENT, AND BALL FIELD SECURITY
BARRIERS.
MO -,-it/
'Initial -League Representative
JOHNNXE MARLEY
1402 OEWITT STREET (78418)
JOL:sa
4/16/90
ysagrse. doc
in
!Infirm toregomg ormany 'ce(j as read for Jjie fust time and passed to its second reading r•Scns
the D day of /" , 19 c4 / , by the following vote:
Mary' Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the nforegoing or
this the 1 day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the
day of
Mary Rhodes
Ct/d
dirt.
Edward A. Martin
Joe McComb
Dr. David McNichols 12
Clif Moss
Mary Pat Slavik
• • ce was read for pecond time and passed to its third reading on
1�
L - 19 1 , by the following vote:
L. / Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss an>
Mary Pat Slavlk
oak
aftp
regoing ordinance was, read for the third time and passed finally on this the
19 , by the following vote:
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
PASSED AND APPROVED, this the /f
ATTEST:
Edward A. Martin]
Joe McComb
Dr. David McNichols w" P
Clif Moss
Mary Pat Slavik �[
day of� ,1941 f.
City Secretary MAYOR ` 1 c��
THE C OF CORPUS CHRISTI
APPROVED. &1- DAY OF p-ri 1 , 192L:
JAMES R. BRAY, JR., INTERIM CITY ATTORNEY
By ,A Ciecient
044
, Assistant City Attorney
021164