Loading...
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 • r : w . 7.• A •':...1.1,;177.1::::7;,9.+-:6‘; t,177.t.;:rwir.., . • ,"••--r••••11,1,1.•6 a.;:d•••••••1 6." e • 1 La ia Rif ,251 ' . . • . • • • iittla4VretrfeliWP::rf.'1% ,. • . ryierr*.Ft-!:•,•:",!.!••,. ,•.t$:?tt ; ''"••••.• • ' • . • • '#0 ta ? \A. • :7 .l••••7,7- FL 0;1 Et SOCCER ijfi 1C 1(8 Ali:. ,;itottatatailifianittmr.c, 41144. 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 , x.....--..,,-.,.,;.c...•:•:',:,:'11;at,;,,.1,:•-c4;i.ii,i1tVE,4,i: .', • . • `- ; N ; "....:714:24-17:::Ab.44:1'; 46711:171t Dr 7111 .."- , • t : ,1:..,•;;;:tic:.9Ci.•••;;T:;/.:4,•,-:,17:•: \ici.,_ • : .— . t. - rr.:,....11......4 '... I-alciiitzli.r4Ft4.4614.:.-::::1:Art ---i.:4"?”.4••y:r••••..„:„.1,7 dt NIE z 1M ...:•;"•rr,,7 • - • a' ii..,:i,,six...1.„;., .: 9' 0 .• ) ::iictif;t!, • --61 . -..- . . -- a 4 '• . . ... A •• !1/4 :4 ...• h, : • • : LI>• .- ? .0 ' !"..e.7:"It 'fr -7 • .... 0 • - ' • '... ••••-447....::te,t;,; \ :-.' 11.••". '''.. . • .... • - . . •.I • . . .tkra, ss-»*.4.71:."..tia:-.; s ::.^4-.,vriar •L''". - • • " •"; . J!J II ::•1444.ii: ::"Vs-tkaf FLOUR BLUE SOCCER ;"4r4fii. un -LE mIss KicKszt- Trt: LE aGuEZ:" . izititser e so:.,14:11neitzt:tri=tstatast SE P. 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