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Home My WebLink About025629 ORD - 01/20/2004Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH TEJAS BOWMEN ARCHERY CLUB TO CONSTRUCT, MAINTAIN, AND OPERATE AN ARCHERY RANGE;PROVIDING FOR TERMINATION UPON 30 DAYS NOTICE BY EITHER PARTY;ANDPROVlDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a five year lease with Tejas Bowmen Archery Club to construct, maintain, and operate an archery range. A copy of the lease is attached as Exhibit A and a copy of the lease shall be filed with the City Secretary. SECTION 2. The lease begins on the 61st day after final City Council approval of this ordinance and will have a term of five (5) years. 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. ~:\LEG-DIR\DoyleD.Curtis\MYDOCS~003\LEASE OR D\Tejas. Bowmen. Lease. 111403DCOrddoc Page 2 of 2 That the foregoing 9fAinance ws read for the first time and passed to its second reading on this the urlday of t i% -e r -tc, 2003, by the following vote: Samuel L. Neal, Jr. C William Kelly ttt Brent Chesney oats A Rex A. Kinnison Javier D. Colmenero L1.,itiL Jesse Noyola Melody Cooper . Mark Scott Henry Garret t ..2 That the forego ordinance was read for the second time and passed finally on this the C1'day of . I< < , 000by the following vote: Samuel L. Neal, . William Kelly Brent Chesney Rex A. Kinnison QU ye Javier D. Colmenero 0.1% Jesse Noyola ((J1 Melody Cooper Mark Scott s Henry Garret PASSED AND APPROVED on the ID da Y of 20t � ATTEST: Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi .iiVED 14 •vemb- 2003 � I_ _ A 1 JJ Doyle D. Arc-is Chief, Ad r inistrative Law Section Senior Assistant City Attorney For City Attorney :1LEG-DIR\DoyleD.Curtis\MYDOCS120031LEASE.O RD\Tejas.Bowmen.Lease.111403DC.Ord.doc r i l .`i T i (2:7 Page 1 of 14 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND TEJAS BOWMEN ARCHERY CLUB STATE OF TEXAS § COUNTY OF NUECES§ KNOW ALL BY THESE PRESENTS This lease is entered into by and between the City of Corpus Christi ("City"), a Texas home rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and TEJAS BOWMEN ARCHERY CLUB ("Lessee"), a Texas nonprofit corporation, Corpus Christi, Texas, operating for the purpose of providing an archery range for persons interested in archery, acting through its duly authorized President, Robert A. Garcia. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Council means the City Council of the City. City Manager means the City Manager of the City or the City Manager's designee. Director means the City's Director of Park and Recreation. Directors means the City's Director of Wastewater Operations and the City's Director of Park and Recreation, collectively. Each Director means the City's Director of Wastewater Operations and the City's Director of Park and Recreation, individually. Engineering Services Director means the City's Director of Engineering Services. Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to provide consideration in lieu of paying rent to the City under the terms of this lease. Improvements means buildings and other structures located on the Premises. Lease means this document, including all attachments and exhibits that are referred to in this document. ~:\LEG-D~R\D~y~eD~urtis\MYD~2~3\LEA~ES\1~6~3D~C~eanCpy.Tejas~B~wmen~Lease~d~c Page 2 of 14 Lessee means Tejas Bowmen Archery Club, a Texas nonprofit corporation, Corpus Christi, Texas. Park and Recreation means the City's Park and Recreation Department. Park Director means the City's Director of Park and Recreation or that Director's designee. Premises means two tracts or parcels of land designated as Tracts "A" and "B", as shown on the attached drawing, Exhibit "A", together with all improvements. Regu/ar hours of operation means the regularly scheduled hours of Lessee's operation. Risk Manager means the City's Director of Risk Management or that Director's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. Wastewater Operations means the City's Wastewater Operations Department. Wastewater Director means the City's Director of Wastewater Operations or that Director's designee. Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to operate a public archery range for persons interested in archery. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Directors. Section 3. Leased Premises. The Leased Premises are two tracts or parcels of land designated as Tracts "A" and "B", as shown on the drawing attached as Exhibit "A", together with all improvements. Section 4, Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section $, Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years subject, however, to the right of ~:\LEG~D~R\D~y~eD.~udis\MYD~C~2~3\LEASE~\1~6~3DC~C~eanCpy.Tejas.B~wmen.Lease.d~c Page 3 of 14 either party to cancel this Lease by giving thirty (30) days written notice to the other party, unless sooner terminated under Section 31. This Lease begins on the 61st day after final Council approval. a. Lessee may continue to occupy the Premises after the expiration of this Lease on a month-to-month tenancy if the Lessee continues to provide consideration in lieu of paying monthly rent as required by this lease, and upon the same terms and conditions as set out in this lease. b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month-to-month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises or if the Lessee fails to take possession of the Leased Premises within ten days after commencement of the term of this Lease, then this Lease shall terminate automatically and City Manager may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 8. Cessation of Use. A. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right during the first year following the cessation of use to terminate this Lease by written notice to the City Manager. B. The written notice of termination must be given at least three (3) months prior to the effective date of termination. C. If the cessation of use occurs and continues for one year or longer, and Lessee does not exercise the right to terminate this Lease, then the City may terminate this Lease by giving Lessee at least one (1) months notice prior to the effective termination date. D. Lessee's obligation to provide consideration in lieu of paying rent ceases upon termination, but no consideration provided prior to termination will be refunded. E. During any cessation of use, Lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in Sections 2, 4, 22, 24, 28, and 29. Upon termination or expiration of the Lease, the Lessee must remove the archery range from the Leased Premises under Section 12e. Section 9. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and ~:\LEG~D~R\D~y~eD.Curtis\MYD~CS~3\LEASES\1~6~3DC.C~eanCpy~Tejas~B~wmen`Lease~d~c Page 4 of 14 wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 10. Lease Consideration. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must construct, maintain, and operate a public archery range on the Premises. Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as directed in writing by the Director. Section 11. Articles of Incorporation, Bylaws, and Membership and User Requirements; Hours and Terms of Operation; Lessee Responsible for Activities. a. Articles of Incorporation1 etc. Attached as Exhibit B is a certified copy of Lessee's articles of incorporation, bylaws, and membership and user requirements. Attached as Exhibit C is a certified copy of Lessee's Schedule of Activities, Hours and Terms of Operation, and Membership and User Fees. Exhibits B and C are collectively referred to as "operation documents." Lessee may not make any change in the originals of any of these operation documents without prior written consent of the Directors. The written consent and certified copies of the revised operation documents must be attached to this lease as Exhibits. b. Lessee responsible for activities on Premises. Notwithstanding any right of City to inspect or approve any improvement or activity under this lease, Lessee covenants that it and its members are solely and exclusively responsible for all activities on the Premises and have control of the Premises; that the City has no responsibility for safety of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection or action. Lessee is solely responsible for the safety of all activities on the Premises. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the Directors. Lessee must also obtain clearance from the Risk Manager as required by Section 29.f. of this Lease. b. Lessee, if directed by the Director, must construct and maintain screening or other safety barriers to ensure that arrows are confined to the premises. Any archery range construction must also be approved by the District Field Governor of the National Field Archery Association ("District Field Governor") prior to start of construction. c. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Wastewater Director, Park Director, and Engineering Services Director for review and written consent. d. If the Wastewater Director, Park Director, and Engineering Services Director (and the District Field Governor in the case of archery range construction) consent to, and the Risk Manager grants clearance for, the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction; and the construction is ~:\LEG~D~R\D~y~eD.~udis\MYD~S~2~3\LEASES\1~6~3DC~ean~py~Tejas~B~wmen.Lease~d~c Page 5 of 14 subject to inspection by the Wastewater Director, Park Director, Engineering Services Director, City's Building Official, (and the District Field Governor in the case of archery range construction), and their designated representatives. e. All approved alterations, improvements, and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner that they become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 13. Taxes, Assessments, Licenses, and Fees. a. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Leased Premises; this includes, but is not limited to, any ad valorem taxes, personal property taxes, and sales taxes, that could be assessed against the Leased Premises and any buildings, improvements, or fixtures appurtenant to the Leased Premises.. b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. c. Lessee must provide proof of payment of all taxes within 30 days after Director requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 14, No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period that may occur. Section 15. No Liens Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 16. Assignment and Subleasing. A. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager, which approval will not be unreasonably withheld. B. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. I:\LEG-DIR\DoyleD.Curtis\MYDOCS~003\LEAS ES\100603DC.CleanCpy.Tejas. Bowmen. Lease.doc Page 6 of 14 C. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. D. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. E. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. F. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Directors. b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of the Director's written demand, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Alternatively, the City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. c. Lessee must post the Premises with signs warning that it is an archery range and no trespassing is allowed. The Director shall approve the wording on the signs and shall determine the placement of the signs. Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. ~:\LEG~D~R\D~y~eD~urtis\MYD~2~3\LEA~E~\1~6~3D~ean~py~Tejas~B~wmen.Lease~d~c Page 7 of 14 Section 22. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. Section 23. Furniture, Fixtures, and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. c. The Directors retain the right to approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease and any Holdover Period, prior to installation. Section 24. Utilities. Lessee must pay for all utilities used by it on the Premises or used by any other activities sponsored by the Lessee on the Premises. Section 25. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 22 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 26. Directors' Right to Access Premises in Emergency. a. Lessee shall provide each Director with keys to the Premises, and a current list of names and phone numbers, for use by each Director, in the event of an emergency. b. Each Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Section 27. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 28. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("lndemnitor"") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "lndemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers 'compensation and death I:\LEG-DIR\DoyleD.Curtis\MYDOCS~2003\LEAS ES\100603DC.CleanCpy. Tejas. Bowmen. Lease.doc Page 8 of 14 claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (l) Lessee's performance under this Lease; (2) Lessee ~ use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys 'fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions relating to this Lease with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. Section 29. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit D, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit D, constitutes grounds for termination of this Lease. b. The Certificate of insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City :\LEG-DIR\DoyleD.CuFtis\MYDOCS~2003\LEASES\100603DC.CleanC py. Tejas. Bowmen.Lease.doc Page 9 of 14 will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. In the event alcoholic beverages are to be served on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 12(a) of this lease. Section 30. Default. The following events constitute default under this Lease: (1) Failure to provide consideration in lieu of paying rent or failure to make other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (5) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (6) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: :\LEG-DIR\DoyleD.Curtis\MYDOCS~2003\LEASES\100603DC.CleanCpy. Tejas. Bowmen,Lease.doc Page 10 of 14 1. Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. 2. Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, the City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. Section 32. Enforcement Costa. If the City files any legal action or proceeding to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 33. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 35. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: If to City: City of Corpus Christi If to Lessee: Robert A. Garcia, President ~:\LEG-D~R\D~y~eD.~udis\MYD~CS~2~3\LEA~ES\1~6~3D~eanCpy.Tejas~B~men~Lease~d~c Page 11 of 14 Park and Recreation Dept. P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn: Director of Park & Recreation (361) 880-3464 Tejas Bowmen Archery Club cio Priscilla Diaz 5564 Ayers Corpus Christi, TX 78415 (361) 857-1912 d. Either party may change the address to which notice is sent by using a method set out in subsection a of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 37. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, the City and Lessee will each act in an individual capacity and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 40. Interpretation. This Lease shall be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 41. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 42. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. ~:\LEG~D~R\D~y~eD.~urtis\MYD~2~3\LEA~ES\1~6~3D~ean~py~Tejas~B~wmen~Lease~d~c Page 12 of 14 Section 43. Severability. a. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 45. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 47. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. ~:\LEG-DIR\DoyleD.Curtis\MYDOCS~2003\LEASES\IOO603DC.CleanCpy. Tejas. Bowmen. Lease.doc Page 13 of 14 EXECUTED IN DUPLICATE, each of which shall be considered an original, on the 2A~'~-day of ~ __, 2003. /. LESS_.~r.;_T~jas .Bo~yf~'. en Archery Club Robert A. Garcia~ President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on /~o¢e,~,~1o~-- ~ ,2003, by Robert A. Garcia, President of Tejas Bowmen Archery Club, a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: '~-~r~/~. REBA N. GEORGE _..--~;~? · ..::~% 1. Public, State of Texas My Commission Expires Seal: -,,,', 0, ,,';,-" ]~ I:eb~uclry 12, 2006 E×.iration Date: I I:\LEG-DIR\DoyleD Curtis\MYDOCS~2003\LEAS ES\100603DC.CleanCpy. Tejas. Bowmen. Lease.doc Page 14 of 14 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secreta~ George K. Noe City Manager APPROVED AS TO LEGAL FORM: 6 October, 2003. cD~ iYel~, ,~l~in~rative L~-w ~e~;t i(~n Senior Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES§ This instrument was acknowledged before me on ,2003, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home rule Municipal Corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: ~:\LEG~D~RxD~y~eD.~urtis\MYD~C~2~3\LEA~ES\1~6~3D~ean~py.Tejas.B~wmen.Lease~d~c i EXHii~iT,^, i L " I~DIU5 CURVATUF, E LEGENO 287,9' 20d0'5" 15i 250.0' §7d57'(7' 287.9' t 0d4'26" 16 28.28' 45d0'5" 817,6' 31d37'34" 18 300.0' 35d57'25" 877.6' 22d33'27" ~9 240.0' 33d41'55" 877.6' 26d37'39" TeJa~ [~owman Archery ~ A~oclatton Leaee Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 EXHIBIT B Office of the Secretary of State Gwyn Shea Secretary 0£ Slate CERTIFICATE OF INCORPORATION OF TEJAS BOWMEN ARCHERY CLUB Filing Number: 800219025 The undersigned, as Secretary of State of Texas, hereby certifies that Articles of Incorporation for the above named corporation have been received in this office and have been found to conform to law. Accordingly, the undersigned, as Secretary of State, and by virtue of the authority vested in the Secretary by law, hereby issues this Certificate of Incorporation. Issuance of this Certificate of Incorporation does not authorize the use ora name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 06/27/2003 Effective: 06/27/2003 Gwyn Shea Secretary of State Come visit us on the internet at http://www.sos.state,tx.usl PHONE(512) 463-5555 FAX(512) 463-5709 iT'/7-1-1 Prepared by: Sasin EXHIBIT B ~ TEJAS BOWMEN ARCHERY CLUB Name: This organization shall be known as the Tejas Bowmen Archery Club of Corpus Christi. Article II Ai ms: Meetings: Membership: The aims o{ the Tejas Bowmen Archery Club of Corpus Christi shall be the enjoyment, mastery, and furtherance of archery as a sport through cooperation~ and good fellowship. Article III Regular monthly meetings of the club shall have a place, date, and time stipulated by the board of directors. Meetings will be conducted in accordance with Roberts Rc~le of Order. Article IV Any person, 12 years or older seriously intrested in archery may apply for membership. Membership is not limited to race color, creed, or Rex. Application.f.orms for membership shall be provided by the club secretary'or membership chairman. Full membership of applicant will commence upon the ~pproval by majority vote of members at the next regular meeting. Applicant will be notified of vote within 24 hours by club secretary. Membership shall, have age classifications as follows: A. Adult (18 years of age and over) B. Youth (12 years to 18 years old) Membership of any person may be suspended or revoked when sufficient reason exists~ by action of the Board of Directors in a majority vote. Via the club Secretary, the member will be notified in writing that the Board of Directors ~ill hold a hearing to suspend or revoke his or her membership. The member has the right to appear at the hearing to offer any defense i~ they so desire. Should the board of directors vote to suspend or revoke a member, the member will have 50 days to appeal the action to the clubs membership in which the action -will be either upheld or rescinded by a majority vote of the members present at the next regular meeting. All adult members of a ~amily shall have one v~te each ~ith a maxiumn of two per family.' Officers: Committees: Board of Directors: Amendments: The following officers shall be elected by a majority vote by the membership: (1> F?~sident; (2) Vice-President; (5) Secretary-lrea~rer; <4) Six Board member~ The following standing committees shall be established by the President to conduct club activities as provided in Article V of the By-Laws: (1) Prooram, (2) Publicity, (5) Membership Special committees shall be appointed by the President as required and discharged by him when they have completed their assignments. Article VII The management of the club shall be directed by the Board of Directors composed of the elected officers and board members. The board shall meet one hour prior to the general member meeting once a month, to transact the business of the club. The chairman will have the authority to call special meeting of the Board when deemed necessary. Five members of the board will constitute a quorum. Article VIII A resolution to amend the By-Laws of this constitution may be proposed by any member in writing and must be read at the next meeting, discussed and then voted on at the following meeting. A special meeting on a different date may be called by the clubs President, for a second reading if the clubs majority desires. A quorum must be present. By -Laws Quorum: Finance: Article I A quorum of the membership for the purpose of conducting club business shall consist of not less than 10 club members, 18 years of age or older. Article II The yearly dues shall be set by a vote of the club membership, and reviewed yearly by the Board of Directors. The fiscal year for the club will begin January 1st and end December 51st. Annual reports will be rendered to the general membership at the January meeting. Copies to be available upon written request. Suspens~ on: I~ after' 90 days, ( wi~b 'f:irst payment due on or" he,Core January 30th.) members d~es have ~ot been fully paid, they will be suspended and not allowed to ose the clubs ~acil~ties., ~he members anniversary date w~l] remain the same if the member ~s r e:~nstated within 90 davs. The Board o~: Directors sha)]l have the authority to grant additional {ime for hard- ship cases. ]-here will be no refund of any money for suspended o~ revoked memberships. Any member' who does not keep his or her ~rget area in a decent condition (as determined by the Field Captain) will be sent a written notice tha{ their area is in poor conditions and that they have days to clean up area. Shoold nc. action be taken by the member ~n v~ o]ati~)n~ the Board o.i: Dir'ectors can ask ~or the suspension o~ the member. Any serious inTract~on cT ~he standing rules or club range rules~ will be cause ~or' the Board o~ Directors ~o ask Tot a members suspension or ~ermina~ion ~n the club. Any member who Js suspended or has had his membership ~erminated by the Board o~ Directors has the same rights as board member who Js ~acing impeachment. Article IV Elections: Election of club officers. Nominations shall be made from the floor at the October meeting. A written ballot shall be taken at the November meeting. New officers~will be installed at the January meeting. If a member is unable to vote due to sickness or working conditions, they' mmy vote by sealed ballot either mailed or sent with another party. All seale~ ballots must be signed by the member not present. The nominees for any office must be an adult member.' The term of office for an officer shall be one year and the term of office for an elected director shall be two years. Members eligible to vote must be 18 years of age or older or~ married. ~ Vacancies in club offices shall be elected by the club body. Vacancy of the President's office shall be filled by advancement cT the Vice-President or next highest official. Article V Duties of the President: To preside at all club meetings. To appoint chairman of all committees, and people to be on committees. To act as the clubs only spokesman. To generally supervise and keep in touch with all club activities. To preside as Chairman of the Board and to vote on board matter~ only as a tie breaker. Dut i es of the Vice- President: Duties of the Secretary- Treasurer: Duties of the Board of Directors: Duties of Committees: Standing Committee Chairman: Duties of Field Captain: To assume duties of the President in his absence. To keep records of the minutes of all club and board meetings. To conduct correspondence for the club. To prepare ballots for election. To have a list of all voting members to be checked off as they vote on any sealed ballot vote. To maintain records and custody of the club funds and dues. To discharge club expenses and maintain records thereof. To prepare periodic reports of club finances. To prepare an annual Financial Report. To execute all business necessary for the management of the club. To review the club books periodicaly and to give general reports to the club on actions taken by the board. Article VI The activities of the club committees shall the President. The activities decided upon be carried out by the commitee chairman and by the President. be determined by shall thereafter members appointed They shall prepare reports of periodically for presentation meeting. activities and progress to the membership at club ~rticle VII The Field Captain shall be appointed by the Board of Directors. The Field Captains duties will be to supervise the maintenance of the archery range; assign targets to indvidual member families; see that all members assist where possible in ~he maintenance o~ the range; see tha~ no changes are made to the range without permission from the Board of Directors, and act as Tournament Captain during all tournaments unless a SPecial Tournament Captain has been appointed ~or a SPecial Tournament. "The Field Captain will become a member of the Board of Directors when appointed. The Field Captain can also be an elected Board member or officer~ however~ the field captain shall only have I vote." The Field Captain may appoint as many assistants as necessary to supervise maintenance of the range. Field Captains term shall be 1 year. Duties of Individual Members: (1) To read and !sign oath. (2) ~o attend, or have at meeting per year. After the assignment of a target area on the club range by the Range Captain, to maintain the area for the calender year. When two ~amilies are assigned to a target area, it will be their responsibility to work together. To attend, or have one Tamily member attend, three work parties per year. If unable to attend on set date, member will make arrangements with Range ~aptain ~or work that can be done. least one family member attend four (4) Article IX Withdrawals: Any person desiring peroid o~ more than Secretary. a leave of absence from the club for a 90 days can submit a request to the Article X Reciepts and Expenses: All reciepts and ~penses must be aRProved by the Board o~ Directors proir to payment by the Treasurer, with exceptions of normal club'utility, mowing, gasoline, and minor maintenance expenses which may be approved by the Treasurer. Expenses over $75.00 must be approved by any three board members. Estimates are required ~or major equipment~repairs with final approval for repair,(if over $75.00)by a majority vote by the Board of Directors. Directors Attendence: Article XI Any member of the Board o~ Directors~ who misses 5 consecutive board meetings~ without an acceptable excuse (approved by the Board of Directors) shall automatically vacate his or her post. Vacancies on the Board of Directors shall be filled by a majority vote by the remaining Board members. Term of person filling vacancy shall net exceed one month from the date they took over. At the next meeting, nominations to {ill the vacancy shall be accepted. The election and installation shall be on the following meeting. Impeachment: Any adult club member san ask for the impeachment of any member of the Board of Directors. The Board member will be notified in writi~ng, by the club Secretaty or the Chairman of the Board, that a hearing will be held and the member has the right to offer' a defense df the member so desires. '[he club member asking ~or the impeachment must be ;]resent at the hearing to present cause for- the impeachment. After the hearing, a two-thirds majority of the Board of Directors may ask for the impeachment. A two-thirds majority vote of the - members present at the next regular meeting will be required to impeach the member from the Board of Directors. Article XIII Order Business: Life Member: (1) Call to order. (2) Roll call of officers by Secretary. (5> Approval of minutes. (4) Secretary's report. (5) Correspondence recieved or sent out~ (6> Treasures report. (7) Reciepts and espenses. (8) Reports of o~ficers and any committees. (9) Old business. (10) New business~. (11) Announce and vote on applications recieved. (12) Recognition of visitors. (15) Adjournment. Article XIV The Tejas Bowmen Archery Club may from time to time install a member as.a life member in the club. A candidate for life membershi~ must have been a member of the club, the Texas ~ield Archery Association and the National ~ield Archery Assoociation for a minimum of ten years. Any member can petition the club to make another member a life member by presenting a petition signed by a minimum of the number of members that is nearest to 90% of the total voting membership o~ the club. The petition must list the reasons ~or the request for life membership, and the accomplishments of the candidate. A life member will not be required to pay any dues to the club. S]'ANDING RULES (I) (2> (5) (4) (5) (6> (7) (8> (~) (10) Dues are to be $50.00 per year for an adult or family membership. Youths, when entering without an adult, will pay 1/2 of the adult dues. Existing members must pay 1/3 of dues by January 15, with full payment of dues, due in 60 days. members entering club after January are to pay at least 1/5 o~ the pro-rated dues upon acceptence into the club with the balance due 60 days later. Fees for ail club shoots and activities will be set by the Board of Directors. Funds are to be deposited at the descretion of the Treasurer at his or her bank. Only the President and the Treasurer shall be authorized to sign checks. Only one signature will be required. The club colors will be red~ white and black. Range rules will be posted in a conspicous place on ihe range and each member will abide by ali rules. The club will be affiliated with the Texas Field Archery Association and the National Field Archery Association. The clubs outdoor invitational will be held on the last Saturday and Sunday of the Buccaneer Days. Persons not authorized, or with a club member~ will not be allowed to shoot on the clubs range. Club meetings will be on the last Wednesday of each month. the meeting time will be 7:00pm. Under no circumstances with out the Board of Directors prior written approval, will any living animal be hunted or trapped on or around the clubs property boundries. EXHIBIT C TEJAS BOWMEN ARCHERY CLUB SHOOT SCHEDULE FOR 2003 CORPUS CHRISTI, TEXAS "ESTABLISHED 1938" SPECIAL EVENTS "Brusk Countr~ Shoot-Off' Sponsored By Traditional Bowhunter of Texas (Traditional Only - 40 Targets 3D) February. 15th & 16th California Start 9am to 12pm "Big Dawg ,4rcher~ Tournament" 3 Event~ - Indoor, Field & 3D Tejas Bowmen Archery Club Clydes Archery Lanes April 11th, 12th & 13th Call for starting times "Buccaneer Da~s Arc,her~ Tournament" Field Archery Event Sponsored by Tejas Bowmen Archery Club (TFM, SYWAT Field Event) May 3rd & 4th - 10am Start "Lone Star Bowhunter ,4sociation" Regional Tournament Hosted By: Tejas Bowmen Archery Club July 5th & 6th Call for starting times CLUB SHOOTS February 16th - lpm Powells Tuff Targets- 3E March 8th - 10am RAG'S March Madness-3D $ & J's - 3D Shoot June 14th - 10am Robert Garcia's Hard As It Gets - 3D July 19th- 10am Roy Rileys Damn It's Hot 3D Shoot- 10am Ammst 9th - "9pm" "Hot August Night" Night Shoot Bring Your Flashlights September 6th - 10am Preseason Primer - 3D Tejas Bowmm Archly Club 3902 Al#son Road, Corpus Christi, Tx Conta~ Robert Cai'cia 361-991-0491 Mark Mol~.a 361-8SI-9773 Clyde Miller 361-8S~-3116 EXHIBIT D INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal, or termination and 10 day Per occurrence aggregate written notice of cancellation for non-payment required on all certificates $500,000 COMBINED SINGLE LIMIT Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury LIQUOR LIABILITY COVERAGE Applicable when liquor being served WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 COMBINED SINGLE LIMIT Applicable when Lessee employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXltlBIT $500,000 In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Tejas Bowmen Archery Club ins. req. 10-22-03 ep Risk Mgmt. I. ADDITIONAL REQUIREMENTS Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage must be provided in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General Liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording alter "left". * The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice to the Risk Manager of cancellation, material change, non-renewal or termination and a 10 day written notice of cancellation for non-payment is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. Tejas Bowmen Archery Club ins. req. 10-22-03 ep Risk Mgmt. PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS~ CITY OF CORPUS CHRISTI Ad # 4754509 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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 FIRST READING which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 14TH day(s) of DECEMBER, 2003. $69.75 TWO (2) Time(s} Credit Manager Subscribed and sworn to me on the date o~' DECEMBER 15, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. NOTICE OF PA~AGE OF FIRST READING ORDINANCE ~ the City or his leale with daya notic~ party. T~ia Corpus Chrisll firlt re&din PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS~ CITY OF CORPUS CHRISTI Ad # 4786880 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times lnteroctive 2004. $72.75 on the 26TH day(s) of JANUARY, TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of JANUARY 27, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 0/Co_rpus Christi .~a~er-.3'imes. Mnn~ay, January 26, 2004 ... NOTICE OF PASSAGE I OF ORDINANCE NO. 025629 ye-year ease with ' ~.uthorizing the City Manager or his designee to execute a ~ Tejas Bowmen Archery Club to construct, maintain, and operate an archery range; and providing for termination upon 30 days notice by either party. This ordinance was passed and approved by the C~ tCouncil of the City of Corpus Christi on its second reading on January 20, 2004. /s/An-nan(So Chapa City Secretary