HomeMy WebLinkAboutC2022-269 - 12/20/2022 - Approved 1
LEASE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND COASTAL BEND
CRICKET CLUB, FOR THE WESTSIDE PONY FIELD#2
THIS LEASE AGREEMENT ("Agreement"), is between the City of Corpus Christi
(the "City"), and the Coastal Bend Cricket Club, a Texas non-profit corporation (the
"Lessee") for the installation, maintenance, and use of a cricket pitch at Westside Pony
Field#2, located at 4033 Greenwood, within the boundary of Salinas Park.
NOW, THEREFORE, the City and Lessee agree as follows:
1. The City hereby leases to the Lessee, for the term of described in Section 4 below,
the certain property located at Salinas Park, in the City of Corpus Christi. Said
property and facilities shall consist of Westside Pony Field #2, which is located at
4033 Greenwood, in Corpus Christi, Nueces County,Texas(the"Property")as shown
and described in Exhibit A, and will include a cricket pitch to be installed on the
Property. The Lessee hereby agrees to utilize said Property for organized cricket
activities. In the event that the Lessee shall, at any time during the term of this
Agreement, utilize the Property for any activity other than organized cricket activities
without the express written consent of the Director of Parks and Recreation
Department of the City of Corpus Christi (the "Director"), this Agreement shall
terminate. The City reserves the right to cancel or modify this contract by notifying
the Lessee of those changes in writing with 60 days' notice.
2. The City shall install a cricket pitch on the Property that approximately conforms to
the site plan and specifications, attached hereto as Exhibit A. The cricket pitch will
be City property.
3. With regard to the use of the Property for organized cricket activities, the City and
Lessee agree as follows:
a. Lessee must establish and maintain the sport use of the Property with the
primary purpose being for the operation of cricket league(s) and for no other
purpose without the Director's prior written approval. Lessee shall have a
sufficient number of employees or volunteers to assist in running
leagues/tournaments and maintaining the maintenance standards set out by
the City of Corpus Christi. All employees shall be employees of the Lessee,
not the City.
b. Lessee will provide suitable signage at the Property advising the public that
the Property is operated by the Lessee under a lease agreement and not
operated by the City. Lessee shall ensure all employees conduct themselves
in an orderly manner. Lessee and employees shall use language and conduct
that is suitable for families and youth.
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c. Lessee must notify the Director of all dangerous conditions or special defects.
Lessee must not use, or allow to be used, any areas of the Property, which
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dangerous conditions or special defects.
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d. Lessee shall be responsible for providing all necessary equipment and
supplies to operate and maintain the Property in accordance with this
Agreement. This includes all equipment and supplies needed to operate
programs and all equipment needed to maintain the facility to meet City
standards. A schedule of hours of operation must be posted at the Property
and a copy submitted to the Director.
e. Lessee will lease the facility rent-free, except that, if Lessee charges for
tournaments or other use of the facility, Lessee shall pay as rent, on a monthly
basis, an amount equal to 30% of the revenue that Lessee receives from the
operation of the Property. Payment of rent is due no later than the 15th day of
each month for the revenue received in the previous month. Once the rent
obligation is triggered, Lessee must provide evidence of Crime/Employee
Dishonesty insurance in accordance with Exhibit B.
f. The Parks and Recreation Department may, at any time during the period of
this Agreement, submit a written request to the Lessee for an audit of all
operating funds of the Lessee. The findings of this audit must be turned into
the Director no more than ten days after the written request is made. Any and
all costs related to this audit will be the responsibility of the Lessee.
g. City retains joint use of the Premises and Improvements during the term of this
Lease, subject to Lessee's right to exclusive control of the Premises during its
use for Lessee's purposes. Requests for scheduled organized activities by
other organizations will be reviewed for approval or denial by the Director and
Lessee.
h. City retains the right to use or cross the Premises with utility lines and/or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and/or any Improvements from installing,
maintaining, repairing, or removing the utility lines and/or easements. City
must use reasonable judgment in locating the utility lines and/or easements to
minimize damage to the Premises and/or its Improvements.
4. The term of this Agreement is for five years beginning on the date of execution of this
Agreement, following City Council approval.
5. Throughout the term of this Agreement, Lessee is responsible for full compliance with
the following terms:
a. Insurance. Lessee must deliver a certificate of insurance ("COI"), as proof of
the required insurance coverages, to the City's Risk Manager and the Director
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upon execution of this Agreement. Additionally, the COI must state that the
City will be given at least 30 days' advance written notice of cancellation,
material change in coverage, or intent not to renew any of the policies. The
City must be named as an additional insured. The City Attorney must be given
copies of all insurance policies within 10 days of the City Manager's written
request. Insurance requirements are as stated in Exhibit B, the content of
which is incorporated by reference into this Agreement as if fully set out here
in its entirety.
b. Liability Release. Lessee will provide a written legible release executed by
each participant or the parent or legal guardian of each participant who is a
minor in the form attached hereto as Exhibit C. Said liability releases must be
submitted at least ten days prior to the first activity each league season or
tournament.
c. INDEMNIFICATION. By execution of this Agreement and, in consideration of
being allowed to use the Property for organized cricket activities, Lessee
agrees to indemnify and hold harmless the City of Corpus Christi and its
officers, officials, employees, representatives, and agents (collectively, the
"City") from and against any and all claims, demands, actions, damages,
liabilities, losses, cost, expenses, and judgments, including court costs and all
reasonable attorneys' fees, recovered from and asserted against the City on
account of injury or damage to persons or property(including,without limitation
on the foregoing, workers' compensation, death, and premises defects) to the
extent any such injury or damage may be incident to, arise out of, or be caused
by, either proximately or remotely, wholly or in part, an act or omission,
negligence, or misconduct on the part of the City or on the part of the Lessee
or any of its employees, servants, members, patrons, guests, licensees, or
invitees entering upon the Property to use, occupy, maintain, or improve the
Property under the scope of this Agreement or in violation of any law,
ordinance, or governmental order of any kind. Lessee agrees that these terms
of indemnification are effective upon the final execution of this Agreement and,
whether such injury or damage may be caused by or result from the sole
negligence, contributory negligence, or concurrent negligence of the City but
not if such injury or damage may be caused by or result from the gross
negligence or willful misconduct of the City. Furthermore, Lessee agrees that,
in case the City or any of its officers, officials, employees, representatives, or
agents is made a party to any litigation against the Lessee or in any litigation
commenced by any party other than the Lessee,the Lessee shall, upon receipt
of notice, and at its own expense, investigate all claims, demands, or lawsuits,
attend to their settlement or other disposition with counsel satisfactory to the
City Attorney, and pay all charges of attorneys and other costs and expenses
of any kind whatsoever. The provisions of this indemnification survive the
termination of expiration of this Agreement.
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d. Lessee Officials. Lessee agrees to maintain a representative Board of
Directors to be answerable and responsible to the provision of this Agreement.
Lessee further agrees to provide to the Director, on a continuous basis, the full
name, address, and phone numbers, Texas driver's license number, date of
birth, and respective office held and area of responsibility for each Board
member. The President will provide his/her contact information, including a
reliable e-mail address, to the Director.
e. Notice.Any notice required under this Agreement must be given by hand
delivery, certified mail, postage prepaid, or e-mail with a confirmed receipt
and is deemed received on the day e-mailed or hand-delivered or on the third
day after postmark if sent by certified mail. Contact information for purposes
of notice may be updated by sending notice in accordance with this provision.
Notice must be sent as follows:
To Lessee:
Coastal Bend Cricket Club
Attn: Raju Bhagat
2209 PADRE ISLAND DR#U
CORPUS CHRISTI, TX 78401
Phone:
E-mail:
To City:
City of Corpus Christi
Attn: Robert Dodd, Director of Parks and Recreation
Address: 1201 Leopard Street
Corpus Christi, TX 78401
Phone: 361-826-3464
E-mail: RobertD4@cctexas.com
6. The City and Lessee will have the following responsibilities related to maintenance
and repair of the Property:
a. The City will be responsible for all mowing and watering of the Property during
the regular week and any standard maintenance beyond sanitation and
cleaning. This includes maintenance, repairs, and replacing the cricket pitch
as determined to be necessary by the Director. The City makes no promises
or warranties regarding the condition of the Property on any given day.
b. Lessee is responsible for sanitation and cleaning of the Property. The Lessee
will assign a person, or persons, to pick up trash and clean up debris every
day that the Lessee maintains possession of the Property. If the City
determines that Lessee has failed to properly clean the Property as required
by this provision, City will provide seven days' written notice of such failure to
Lessee. If Lessee fails to remedy its failure to clean and sanitize the property
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within such seven-day period, Lessee shall pay the City $50 to allow the City
to properly clean and sanitize the property. If Lessee continues to fail to clean
and sanitize the property for a period of 30 days and/or fails to remedy this
defect within seven days after three notices (in one or more separate
instances), then City may terminate this Agreement immediately upon written
notice to Lessee.
c. If, with consent of the Director, Lessee performs any standard maintenance
outside of cleaning and sanitizing the Property, the City will reimburse Lessee
for such maintenance work in an amount up to $5,000 annually.
d. In the case of inclement weather during the week, the City will decide if the
cricket pitch is playable three hours before game time of the game day in
question. In the case of inclement weather on weekends or holidays, the
Lessee will decide if the cricket pitch is playable and provide its own field
maintenance and supplies for any work that will need to be done to prepare
the cricket pitch for a game. The Director has the authority to settle any
disagreements regarding whether the cricket pitch is playable after inclement
weather.There will be absolutely no play allowed during lightning storms.
If lightning can be seen from the cricket pitch, the games must be
postponed.
7. Under no circumstances may City equipment be removed or relocated from the
Property.The Lessee will be responsible for any minor damages at the Property while
such Property is being utilized pursuant to this Agreement. Any object permanently
affixed to City property, including the cricket pitch, is City property.
8. Should the Lessee, in any respect, fail to comply with the terms of this Agreement,
violate any City Ordinance, abrogate the purpose and intent of this Agreement, or
misuse or abuse the Property, the City shall give written notice to the Lessee and, if
such occurrence is not corrected within 15 days, the City shall have the right to
immediately terminate this Agreement. This paragraph shall not relieve the Lessee
from any liability for any act for which it is responsible for damages.
9. All actions taken by the Director may be appealed to the City Manager, or designee,
by due notice within five days after the action that is the subject of the appeal.
10.Lessee agrees to comply with all federal, Texas, and City laws in the performance of
this Agreement. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces County,
Texas.
11.This Agreement constitutes the entire agreement between the parties concerning the
subject matter of this Agreement and supersedes all prior negotiations,
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arrangements, agreements, and understandings, either oral or written, between the
parties.
12.The Lessee may not assign this Agreement, either in part or in whole, without the
prior written approval of the City Manager, or designee.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on
the date of last signature.
City of Corpus Christi Coastal Bend Cricket Club
B By:
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Name: pCi "ZaV1orm
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Name: �393/44
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Title: Gr MavU jer
Date: I.25.?-3 Title: rokL S i 7-
Appr led as to le I form: QZ�
By:
/7LJ Date:
Aimee Alcom-Reed, Assistant City Attorney
for the City Attorney
_ U3 _AUTHORIL6►
ATTEST: . •
REB C A HUERTA IT I"t1dlfCll �
CITY SECRETARY is,aw
Exhibit A
Site Plan and Specifications
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V/mtildc Pony Field M:
1331,ifeenwood
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Cotpu%Cfimtl,TX 73116
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The Property has a perimeter of approximately 1,200 feet.
The diagrams below show the approximate specifications of the cricket pitch that the
City will construct. The pitch will be 10 ft. by 66 ft., unless otherwise agreed to by the
Parties in writing. The pitch will not include any concrete, but will consist of compacted
dirt or sand or some other similar material.
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EXHIBIT B
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must not
allow any subcontractor, to commence work until all similar insurance required of any
subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (I)
copy of Certificates of Insurance with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City of Corpus Christi and American Bank, N.A. must be listed as an
additional insured on the General liability and Auto Liability policies by endorsement,
and a waiver of subrogation endorsement is required on GL, AL and WC if applicable.
Endorsements must be provided with Certificate of Insurance. Project name and/or
number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including:
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence
Contractor shall name the City of Corpus
Christi, Texas as Loss Payee
PERSONAL PROPERTY INSURANCE Operator and any subcontractors, at their
own expense, shall be responsible for
insuring all owned, leased or rented
equipment or personal property.
C. In the event of accidents of any kind related to this contract, Contractor must furnish the
Risk Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in statutory amounts according to the Texas
Department of Insurance,Division of Workers' Compensation. An All States Endorsement
shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term
of this contract and any extensions within 10 days of the policy expiration dates. All
notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O.Box 9277
Corpus Christi,TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed 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;
• 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,
cancellation,non-renewal,material change or termination 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 cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of Insurance
and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or
withhold any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered under
this contract.
H. It is agreed that Contractor'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 contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
2022 Insurance Requirements Exhibit
Parks&Recreation—Salinas Park Cricket Pitch
11/30/2022 Risk Management—Legal Dept.
Exhibit C
CITY OF CORPUS CHRISTI
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration of my participation in the use of the City's cricket
pitch ("Activity"), and other valuable consideration, I hereby RELEASE,
WAIVE, COVENANT NOT TO SUE AND DISCHARGE the City of
Corpus Christi, its officers, servants, agents, and employees (hereinafter
referred to as RELEASEES) from any and all liability, claims, demands,
actions and causes of action whatsoever arising out of or related to any loss,
damage, or injury, including death, that may be sustained by me, or to any
property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE
OF THE RELEASEES, or otherwise, while participating in such Activity,
or while in, on or upon the premises where the activity is being conducted
or in transportation to and from said premises.
2. To the best of my knowledge, I can fully participate in this Activity. I am fully aware of risks
and hazards connected with the activity, including but not limited to the risks as noted herein, and I
hereby elect to voluntarily participate in said activity,and to engage in such activity knowing that the
activity may be hazardous to me and my property.
3. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS,
PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH,that may be sustained by me,
or any loss or damage to property owned by me, as a result of being engaged in such an Activity,
WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
4. I further hereby AGREE TO INDEMNIFY AND HOLD
HARMLESS THE RELEASEES from any loss, liability, damage or costs,
including court costs and attorney's fees, that may occur due to my
participation in said Activity, WHETHER CAUSED BY NEGLIGENCE
OF RELEASEES or otherwise.
5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of
my family and spouse(if any), if I am alive, and my heirs, assigns and personal representative, if I am not
alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the
above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless
Agreement shall be construed in accordance with the laws of the State of Texas.
6. I UNDERSTAND THAT THE CITY OF CORPUS CHRISTI WILL NOT BE RESPONSIBLE
FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY I MAY SUSTAIN AS A RESULT
OF MY PARTICIPATION IN SAID ACTIVITY.
7. I ALSO UNDERSTAND THAT I AM RESPONSIBLE FOR ANY THIRD-PARTY INJURY OR
PROPERTY DAMAGE I MAY CAUSE.
IN SIGNING THIS WAIVER AND HOLD HARMLESS AGREEMENT, I ACKNOWLEDGE
AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement,
understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or
inducements, apart from the foregoing written agreement, have been made.As the Parent or Guardian of a
participant, I agree to execute this release of liability on behalf of participant. I acknowledge the risks and
dangers associated with the activity and I voluntarily accept and assume liability and the possibility of
injury, damage, death or loss resulting there from on behalf of the participant. I waive any and all claims
and agree to release, hold harmless and indemnify the City of Corpus Christi, and its officers, officials,
employees, representatives, and agents (collectively, the "City" and the "Releasees") on behalf of
participant.
PARTICIPANT/PARENT/GUARDIAN Date
Participant's Printed Name
CERTIFICATE OF INTERESTED PARTIES FORM 1295
OFFICE USE ONLY
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form,and the city,state and country of the business
entity's place of business.
Coastal Bend Cricket Club, Corpus Christi, TX, USA
2 Name of governmental entity or state agency that is a party to the contract for
which the form is being filed.
City of Corpus Christi, TX
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, .4
and provide a description of the goods or services to be provided under the contract.
Lease agreement for an existing field(4033 Greenwood Dr.)that will be repurposed and converted to a cricket field.
4 Nature of Interest(check applicable)
City,State,Country
Name of Interested Party (place of business)
Controlling Intermediary
S
5 Check only if there is NO Interested Party.
I swear, or affirm, under penalty of perjury,that the above disclosure is true and correct.
z ; SHFLLEY A.,TONES
f 11 Liy Notary ID#124202736
Expkahlumo 12,2026
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE --yr—
Swo n toici before me,by the said , 1 _ , this the day
C
of ,20 c: .3 ,to certify v" ass my hand and seal of office.
Shed n `ca.i)4
"" Printed name o Icer a nistering officer administering oath ng oath Title of officer administering oath
ADD ADDITIONAL PAGES AS NECESSARY
Form provided by Texas Ethics Commission www.ethics.state.tx.us Adopted 10/5/2015
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