HomeMy WebLinkAboutC2024-286 - 12/3/2024 - Approved ADDENDUM NO. 1 TO LEASE AGREEMENT WITH CORPUS CHRISTI BASEBALL
CLUB,L.P.
Whereas, on January 28, 2020, the City of Corpus Christi (herein referred to as "the City") and
Corpus Christi Baseball Club, L.P., a Texas Limited Partnership (herein referred to as "Lessee")
entered into the Second Amended and Restate Stadium Lease Agreement(herein referred to as the
"Lease")regarding Whataburger Field;
Whereas, the Lease authorized Lessee to make certain capital improvements to the Baseball
Stadium;
Whereas,the Lessee has proposed a capital improvement project to improve the stadium property
The purpose of this item is to approve an addendum to the Lease Agreement for Whataburger Field
which provides for $137,260 in Type A funding for improvements to the stadium property for
netting extension for Player Development League (PDL) compliance, pedestrian concrete
remediation, steel support remediation, concourse concrete remediation, and seat replacements.
for netting extension for Player Development League (PDL) compliance, pedestrian concrete
remediation, steel support remediation, concourse concrete remediation, and seat replacements.
-(the"Project");
Whereas,the Corpus Christi Business and Job Development Corporation(the"Corporation")has
approved funding in the amount of$137,260.00 for the completions of the Project,which funding
will be transferred to the City for payment of the reimbursement under this Addendum; and
Whereas, the intent of this addendum is to layout the responsibilities of each Party specifically
related to the Project.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. The Parties enter into this addendum, effective on the date of last signature, to authorize
the Project under the terms of the Lease.
2_City and Lessee agree that, in accordance with Sections 5.5 and 7.1 of the Lease and
according to state law,the City authorizes the Lessee to proceed with the project to improve
the stadium property
3. The purpose of this item is to approve an addendum to the Lease Agreement for Whataburger
Field which provides for $137,260 in Type A funding for improvements to the stadium property
for netting extension for Player Development League (PDL) compliance, pedestrian concrete
remediation,steel support remediation,concourse concrete remediation,and seat replacements.
2:4. for netting extension for Player Development League (PDL) compliance, pedestrian
concrete remediation, steel support remediation, concourse concrete remediation, and seat
replacements, as described in Exhibit A and incorporated by reference.
a. Project Completion.Lessee must cause the contractor to complete all work for the
Project within one year following the Effective Date of this addendum.Lessee shall
be responsible to provide oversight and contract management services including
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inspection services to verify work is timely and properly completed. Lessee shall
obtain all required City permits for the Project.
b. Quarterly Updates. Lessee must provide quarterly updates on the Project to the
City in October, January,April,and July until final completion of the Project.
c.
2. City will provide funding for the Project,up to$137,260.00 on a reimbursement basis.
a. Cite Maximum Funding Amount. The Parties agree that the funding from the
City or Corporation required to complete the Project arc not to exceed$137,260.00
which is defined herein as the"City Maximum Funding Amount."The City shall
only be responsible for payments up to the City Maximum Funding Amount for
completion of the Project. Lessee agrees to be responsible for payment of any costs
which exceed the City Maximum Funding Amount.
b. Reimbursement Pacments. The City will pay the City Maximum Funding
Amount to the Lessee in accordance with Section 7.4 of the Lease.
3. During the Project construction, City Director of Engineering Services and City Director
of Parks and Recreation, or their designees,have the right but not the obligation to inspect
the Project. Lessee agrees to timely resolve any issues identified by City staff that
represent non-conformance with the Project design and construction plans.
4. Indemnification. The Parties agree that Lessee's indemnification
obligations in the Lease apply to this project and that such obligations are
incorporated here by reference as if fully set out here in their entirety.
5. This addendum is governed by the terms and conditions of the Lease, as amended, and is
considered part of the Lease for all intents and purposes. Failure to comply with the terms
of this addendum may be considered Lessee or City Default in accordance with Article XI
of the Lease.
6. This addendum may be executed in multiple counterparts and all such counterparts will be
deemed one and the same agreement among the parties whether or not the signatures of all
parties appear on any given counterpart.
AGREED TO BY:
Corpus Christi Baseball Club,L.P.,
By:—7 - —�
Brad " allard al r
Date. • g ?
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STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on MAY 9,2025 by Brady Ballard, General
Manager for Corpus Christi Baseball Club,L.P., on behalf of said partnership.
::'.,, JESSICA FEARN
Notary Public.Suit*of Taxaa N L -�j
q• 4: Comm.Expires 07-1 3-2028 Public
'% � Notary ID 133858730 ry
CITY OF CORPUS CHRISTI
By:
Title:
Date:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on by
_ , on behalf of and for the City of Corpus Christi, Texas a
Texas municipality on behalf of said municipality.
Notary Public
Approved as to form:
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By: 11/8/2024
A <ut City Atton Date
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STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on by N. Reese Ryan, Member
of RSB Operations, LLC, as the general partner for Corpus Christi Baseball Club, L.P., on behalf
of said partnership.
Notary Public
CITY OF CORPUS CHRISTI
By:
Title: D. C I1D/
Date: s� t / Zo ZS--
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on (v\o%4 t ) 3 5 by
Pr\-c. c (Y10,( \ & L , on behalf of and for the City of Corpus Christi, Texas a
Texas municipality on behalf of said municipality.
< }off 1EZ,.\SARAH J BRUNKENHOEFER
/ '�� ID# 12954066-5 >
`• `� ! ; Notary Public
`: ` ` STATE OF TEXAS Notary Public
�q�OF, ':' My Comm. Exp. 08-28-2025 >
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Approved as to form:
By: 11/8/2024 ICE ECCA HUERTA
A nt City tto Date CITY SECRETARY
OcA%OM 5)-0 AUTHORIZED
BY COUNCIL
(S11)
SEC TARY
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ATTACHMENT A—PROJECT DESCRIPTION
Lessee will provide construction improvements to the following items:
•the stadium property
The purpose of this item is to approve an addendum to the Lease Agreement for Whataburger
Field which provides for $137,260 in Type A funding for improvements to the stadium property
for netting extension for Player Development League (PDL) compliance, pedestrian concrete
remediation,steel support remediation,concourse concrete remediation,and seat replacements.
for netting extension for Player Development League(PDL) compliance.
•pedestrian concrete remediation.
• steel support remediation.
• concourse concrete remediation.
• seat replacements.
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