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HomeMy WebLinkAbout021530 ORD - 12/08/1992TEXAS: AN ORDINANCE AUTHORIZING THE RENEWAL OF A FIVE YEAR LEASE OF APPROXIMATELY FORTY ACRES OF CITY PROPERTY ALONG ALLISON DRIVE DESIGNATED AS TRACTS "A" AND "B", NUECES VIEW TRACTS, TO TEJAS BOWMEN ARCHERY CLUB FOR AN ARCHERY RANGE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to renew a five-year Lease between the City and Tejas Bowmen Archery Club for utilization of approximately forty (40) acres of City property along Allison Drive designated as Tracts "A" and "B", Nueces View Tracts, all as more fully set forth in the Lease, 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. AG5000.234.ajr i 021530 MICROFILMED LEASE WITH TEJAS BOWMEN ARCHERY CLUB THE STATE OF TEXAS § COUNTY OF NUECES § THAT THIS AGREEMENT, by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, ("City") and administered by the Park and Recreation Department of City ("Parks"), and TEJAS BOWMEN ARCHERY CLUB, Corpus Christi, Texas, hereinafter referred to as "Lessee", a nonprofit organization 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 described piece of land, located in Nueces County, Texas, being more particularly described as follows, to -wit: KNOW ALL MEN BY THESE PRESENTS: Being two tracts or parcels of land designated as Tracts "A" and "B" as shown on the attached drawing, which is attached hereto and made a part hereof. ("Premises") The term of this Lease shall be for five (5) years, beginning on the 61st day after final Council approval 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: I Lessee does by these presents and by entering upon the Premises agree to maintain the Premises during the term of this Lease in a clean and sanitary condition, and at the expiration 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. II Lessee does by these presents and by entering upon the Premises agrees to maintain an archery range thereon. Lessee further agrees that no improvements are to be built without the prior written approval of the Wastewater Superintendent and the Director of Park and Recreation of the City. III In exercising any of the Lessee's rights or privileges, Lessee shall not on the grounds of race, sex, creed, disability, or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by the laws of the United States or the State of Texas. City hereby expressly retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. FA/ .4 IV The Lessee agrees to abide by the following covenants: A. Lease shall carry liability insurance in the amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death to any one person, Five Hundred Thousand Dollars ($500,000) for bodily injury or death for any one occurrence, and One Hundred Thousand Dollars ($100,000) for property damages arising out of one occurrence, with no limits on the aggregate. Said liability policies of insurance shall name City as an additional insured by their terms and shall contain provisions that they cannot be canceled unless thirty (30) days written notice of cancellation shall first have been served upon City. Certificates of insurance for all said policies shall be furnished City prior to any activities on Leased Premises pursuant to this Lease and maintained at all times throughout the term of this Lease. Upon City's written request, Lessee shall provide copies of all insurance policies. In the event of accidents, of any kind, the Lessee shall provide the City copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. It shall be the Lessee's responsibility for immediately notifying the carriers of any or all insurance under this Lease in the event of a known loss or claim presented to the Lessee by the City or a third party. B. Lessee shall fully indemnify, save and hold harmless 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, archery related activities undertaken pursuant to 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 Indemnitees 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, demand, and actions. C. Before any construction or improvements to the field range or any improvements thereto of any archery range is initiated, the construction must be approved by the Wastewater Superintendent and the Director of Park and Recreation. Any archery range construction shall also be approved by the District Field Governor of the National Field Archery Association prior to start of construction. 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. 2 E. Lessee does hereby agree to promptly execute and fulfill all 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/ 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. F. 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 Premises. G. 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 lease Premises and have control thereof, and the 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. H. 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 the Lessee. I. Lessee will post the Premises with signs warning that it is an archery range and no trespassing is allowed. The Director of Park & Recreation, or designee, shall approve the wording on the signs and shall determine the placement of said signs. J. Compliance with all applicable Federal, State, and City laws. K. Upon expiration of this Lease, Lessee may holdover upon the same terms and conditions as set out herein on a month-to-month basis, until the Premises are Leased to Lessee or someone else. If the Premises are leased to someone else, Lessee shall vacate the Premises within thirty (30) days after receipt of notice of the new lease. V. Any notice required or permitted hereunder shall be addressed as follows: If to City: If to Permittee: City of Corpus Christi Park and Recreation Dept. P.O. Box 9277 Corpus Christi, Tx 78469-9277 George B. Belew, Director Teas Bowmen Archery Club 5656 S. Staples, Suite 280 Corpus Christi, TX 78411 3 WITNESS OUR HANDS, in duplicate this the _ day of , 19 . ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager APPROVED as to Form: James R. Bray, City Attorney By: 'i (Lac* Ccu au uy Assistant City Attorney 1 - LESSEE irector • : • WMEN ARCHERY CLUB eorge TEJA 4 ••• • ; • c• f),/ ' ••••• • 1.11. Alm"— • - - .0 4,t '2 04 r•-• O'4 '2r totert: • ;tatearni* o 410 1?ov, -4.1/4nOojs o sov, lis,To42 • r )74'0412 t. 4 .1 ki, .o•afft (:\ \ 1.,.).v 1-0..ratvi I dig,. ansit's R, 1 ta I 0 .1‘ 1 r 'iat the foregoing ordinance was read fore first time and passed to its second:reading tis to �S day of NJcs-R-EI}1�lf , 19 L , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria at Edward A. Martin Joe McComb Dr. David McNichols - Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the second time and passed to its third reading on this the / G day of it OJ i11 LIG l` , 19 (t , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria ritint Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 014, That th foregoingg ord;'rtance was read for the third time and passed finally on this the ' day of City), Q2fU , 19 q L. , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria 6 YJ Edward A. Martin Joe McComb j (5 -LQ f_ Dr. David McNichols . d Clif Moss Mary Pat Slavik day of eP n1,2)INi ,19gL. PASSED AND APPROVED, this the A .- T: City Secretary YOR APPROVED: DAY OF 0 ( ICTLA y , 19 9a. : JAMES R. BRAY, JR., CITY ATTORNEY By, A(.(✓uy( 044 ITY OF CORPUS CHRISTI , Assistant City Attorney 021530 Q2(SSo PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 68849 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is Business Office Secretary 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, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE RENEWAL OF A FIVE YEAR LEASE OF APPROXIMATELY FORTY ACRES OF CITY PROPERTY ALONG ALLISON DRIVE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 8th day of November, 1992. One Time(s) $ 43.50 Business Office Secretary Subscribed and sworn to before me this 27th day of November 1992. Oto 0(baThYtoal) Notary Public, Nueces County, Texas • 1, ' 1 aruc-osoq. NOTICE PASSAGE OF ON FIRS RS TIDIDI NG AUTHORIZ THE RENEW - c AL OF A FIVE YEAR LEASE - OF APPROXIMATELY FORTY s ACRES OF CITY PROPERTY ! ALONG ALLISON DRIVE DES- IGNATED AS TRACTS "A" n AND "B', NUECES VIEW s TRACTS, TO TEJAS BOW - s MEN ARCHERY ups FOR AN ARCHERY RANGE, AND PRO• t VIDING FOR PUBLICATION. i THE TERM OF THE LEASE SHALL BE FOR FIVE YEARS, 1 WITH LESSEE PAVING $1 TO THE CITU. A copy of the lease is on file in the. City Secretary's office. The ordinance was passed and approved on first reading by the City.Council of the City of Corpus Christi, Texas on the 3rd day of November, 1W, thy of PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #57421 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is Business Office Secretary 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 Welts, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE RENEWAL OF A FIVE YEAR LEASE OF APPROXIMATELY FORTY ACRES OF CITY PORPERTY which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 15th day of November, 1992. One Time(s) $ 43.50 Business Office Secretary/ Subscribed and sworn to before me this 27th day of November , 1992. Xa"" - '. Notary Public, Nueces County, Texas My Gamin. E. 4-'24-23 uay -• NOTICE OF pai AGE B' SECOND REARINGN If AUTHORIZING TA FIVEYI*�A qRENEW- LEASE ffit OF AL.APPROXIMATILY FORTY De ACRES OF CITY PROPERTY Bk ALONG ALLISON DRIVE DES- Bic IGNATED AS TRACTS A' 19 AND W, NUECES VIEW TRACTS, TO TEJAS BOW- BIt MEN CLUB FOR AN tla ARC ERYHERY RANGE, AND PRO- Bit VIDING FOR PUBLICATION. Bic THE TERM OF THE LEASE 19 SHALL BE FOR FIVE YEARS WITH LESSEE PAYING St Bit TO THE CITY, Jai A copy of the lease is on &o file in the City &o Secretary's office. 1£ The ordinance was passed and approved on second Al reading by the City Council of ce the City of Corpus Christi, 01 Texas on ttw 1Oth dW of cel November, 1992. /s/ Amanda Chapa S City Secretary n City d Corpus Christi P PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 75463 PO # Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistance 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, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021530 AUTHORIZING THE RENEWAL OF A which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 13th day of December, 1992. One Time(s) $ 42.05 Business Office Administrative Assistant Subscribed and sworn to before me this 1st day of February , 1993. No ary Public, ueces County, Texas �� EDNA KOyTER L Notary PubtiC `�, ( State of Taws Cr t'� My Ccnlm. Exp. 11-33.96 NO. 021630 `/HE RENEW- S YEAR LEASE �,. IMATELY St•PIKRERTY ALONG ALLISON DRIVE DES- IGNATED AS TRACTS 'A' AND •B', NUECES VIEW TRACTS, TO TEJAS BOW- MEN ARCHERY CLUB FOR AN ARCHERY RANGE, AND PRO- VIDING FOR PUBLICATION. THE TERM OF THE LEASESHALL BE FOR FIVE YERS WITH LESSEE PAYING $1 TO THE CITY. ' A copy of the lease is on file in the City cretary's office. The ordinance was passed nd approved on third reading the City Council of the City Co�pr Christi, Texas on e gih My of December, 992. /5/ Armando Chaps City Secretary City of Corpus Christi,