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
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'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,