HomeMy WebLinkAboutC2012-192 - 7/17/2012 - ApprovedPage 1 of 14
LEASE BETWEEN THE
CITY OF CORPUS CHRISTI AND
TEJAS BOWMEN ARCHERY CLUB
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUECES §
This lease ( "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:
Improvements means buildings and other structures located on the Premises.
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.
Section 2. Purpose. The purpose of this Lease 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 Director of
Parks and Recreation and Director of Wastewater operations.
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. Term. The City leases the Premises, AS IS, 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 either party to cancel this Lease by giving thirty (30) days written notice at
any time to the other party, unless sooner terminated. This Lease begins on the first
day after final Council approval. 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. 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 5. Surrender. Lessee shall surrender the Premises, upon the expiration,
termination, or cancellation of this Lease, in as good a condition as received,
reasonable use and wear, acts of God, fire and flood damage or destruction where
Lessee is without fault, excepted.
2012 -192
Ord. 029559
7117112
Tejas Bowmen Archery Club INDEXED
Page 2 of 14
Section 6. 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 7. Membership and User Requirements; Hours and Terms of Operation;
Lessee Responsible for Activities.
a. Board of Directors and List of activities. Lessee will provide City Director with a list
of current Board of Directors. Lessee shall provide an updated list when any
changes are made to the board members. Lessee will provide a Schedule of
Activities, Hours and Terms of Operation, and Membership and User Fees. Lessee
will provide an updated list when any changes are made.
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 8. Alterations.
Lessee may not make any alterations, additions, or improvements to, in, on, or about
the Premises, without the prior written consent of the City Manager and Risk Manager.
Lessee, if directed by the Director of Parks and Recreation, 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.
a. 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.
b. 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 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
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representatives.
c. 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 9. Taxes, Assessments, Licenses, and Fees.
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
Section 10. 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 11. 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 12 Assignment and Subleasing.
Lessee may not assign, sublease, or encumber this lease, without the prior written
consent of the City Manager. Any assignment or sublease must be approved in
advance in writing signed by the City Manager.
Section 13. 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.
Page 4 of 14
c. Lessee must post the Premises with adequate signs to warn that it is an archery
range and no trespassing is allowed.
Section 14. 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 15. 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 flake the action as the United States may direct to enforce
this covenant.
Section 16. Maintenance. Lessee shall maintain the Leased Premises and all
improvements in good and safe condition during the Lease term,
Section 17. 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 City Director of Parks and Recreation retains 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 18. 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 19. 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 this Lease
Section 20. Directors' Right to Access Premises in Emergency.
a. Lessee shall provide Director of Parks and Recration and Director of
Wastewater with keys to the Premises, and a current list of names and phone
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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 21. 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 22. Indemnity. In consideration of allowing Lessee to use the Premises,
Lessee ( "Indemnitor " ") covenants to fully indemnify, save and hold harmless the
City, its officers, agents, representatives, and employees (collectively,
"Indemnitees ") 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 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. (1) Lessee's performance under this Lease; (2) Lessees 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 23. Insurance.
Page 6 of 14
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 B, 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 B, 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 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 24. 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.
Page 7 of 14
4) 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 25. 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:
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 26. Enforcement Costs. 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 27. 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 28. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director.
Section 29. 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.
Page 8 of 14
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:
City of Corpus Christi Robert A. Garcia, President
Park and Recreation Dept. Tejas Bowmen Archery Club
P.O. Box 9277
Corpus Christi, TX 78469.9277 5564 Ayers
Aftn: Director of Park & Recreation Corpus Christi, TX 78415
(361) 826 -3464 (361) 332 -3150
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 30. 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 31. 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 32. 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 33. 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.
Page 9 of 14
Section 34. 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 35. 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 36. 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 37. 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.
Section 38. Severability.
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.
Section 39. 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 ill 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.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day
Of , 20
Page 10 of 14
LESSEE: Te' en Arch e lub
By:
"Robert A. Garcia
President
ATTEST:
Armando Chapa
City Secretary
• •
City Manager
Page 11 of 14
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Page 12 of 14
FY14MIT R
INSURANCE REQUIREMENTS
1. Lessee Liability Insurance
A. Lessee must not commence work under this agreement until Lessee has
obtained all insurance required herein and such insurance has been approved by
the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been so obtained.
B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance with applicable policy endorsements, showing the following minimum
coverage by insurance company(s) acceptable to the City's Risk Manager. The
City must be named as an additional insured for all liability policies, and a blanket
waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Written Notice of Cancellation
Bodily Injury and Property Damage
required on all certificates or by applicable
Per Occurrence 1 Aggregate
policy endorsements
Commercial General Liability including:
$600,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises — Operations
3. Products /Completed Operations Hazard
4. Contractual Liability
5. Independent Contractor
6. Personal Injury
Liquor Liability
$1,000,000 COMBINED SINGLE LIMIT
Applicable when alcohol being served
Applicable to paid employees
WORKERS' COMPENSATION
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND SECTION II OF THIS
EMPLOYERS' LIABILITY
EXHIBIT
$500,000/$500,000/$500,000
C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager
with copies of all reports of any accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable when Lessee has paid employees: Lessee must obtain workers'
Page 13 of 14
compensation coverage through a licensed insurance company in accordance
with Texas law. The contract for coverage must be written on a policy with
endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation
obligations incurred will be promptly met.
B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees
right to maintain reasonable deductibles in such amounts as are approved by the
City, Lessee shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Lessee's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than
A- VII.
C. The City shall be entitled, upon request and without expense, to receive copies of
the policies, declarations page and all endorsements thereto as they apply to the
limits required by the City, and may require the deletion, revision, or modification
of particular policy terms, conditions, limitations or exclusions (except where
policy provisions are established by law or regulation binding upon either of the
parties hereto or the underwriter of any such policies). Lessee shall be required
to comply with any such requests and shall submit a copy of the replacement
certificate of insurance to City at the address provided below within 10 days of
the requested change. Lessee shall pay any costs incurred resulting from said
changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
D. Lessee agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations
and activities of, or on behalf of, the named insured performed under contract
with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
Page 14 of 14
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non - renewal or material change in coverage, and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of
coverage, Lessee shah provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Lessee's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Lessee's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Lessee to
stop work hereunder, and/or withhold any payment(s) which become due to
Lessee hereunder until Lessee demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Lessee may be held responsible for payments of damages to persons or
property resulting from Lessee's or its subcontractor's performance of the work
covered under this agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2091 Tejas Bowmen Archery Club lease ins. req.
6 -13 -11 ep Risk Mgmt.