HomeMy WebLinkAbout021913 ORD - 04/05/1994AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A ONE-YEAR LEASE WITH CORPUS CHRISTI SOFTBALL
ASSOCIATION TO LEASE KIWANIS AND JC SOFTBALL FIELDS, IN
CONSIDERATION OF IT PAYING ALL COSTS ASSOCIATED WITH
MAINTAINING AND OPERATING THESE TWO SOFTBALL FIELDS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS;
SECTION 1. That the City Manager, or his designee, is hereby authorized to
execute a one-year lease with Corpus Christi Softball Association for Kiwanis and JC
Softball Fields, in consideration of it paying all costs associated with maintaining these two
softball fields as set forth in the lease, a substantial copy of which is attached and
incorporated herein as "Exhibit A".
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MICRQEILMED
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KIWANIS AND J.C. SOFTBALL FIELDS COMPLEX LEASE
with
THE CORPUS CHRISTI SOFTBALL ASSOCIATION
STATE OF TEXAS
COUNTY OF NUECES
§
§
WHEREAS, the City of Corpus Christi owns Kiwanis and J.C. Softball Fields; and
WHEREAS, the Corpus Christi Softball Association desires to lease all or part of
Kiwanis and J.C. Softball Fields to offer softball to the citizens of Corpus Christi;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein,
the Parties agree as follows:
1. Definitions.
1.1 City - City of Corpus Christi.
1.2 City Manager - City Manager of Corpus Christi or his designee.
1.3 Concession - Food and drink concession operations are specifically not
included in this Lease.
1.4 Council - City Council.
1.5 Director - Director of Park and Recreation Department or his
designee.
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1.6 Fields - The softball fields at Kiwanis and J.C. Softball Fields which
are leased to Lessee.
1.7 Kiwanis and J.C. - Kiwanis and J.C. Softball Fields, including the
parking lot area, softball fields, restrooms, pressbox, as shown on
Exhibit A, attached and incorporated.
1.8 Lease - This Lease Agreement, including all Exhibits.
1.9 Lessee - The Corpus Christi Softball Association.
1.10 Pressbox - Office area above Concession Stand.
2. Term. The term of this Lease shall begin June 2, 1994 and continue until
June 1, 1995.
3. Lessee Services and Responsibilities.
3.1 Softball. Lessee will offer up to five (5) seasons of up to eight (8) games
each and playoffs after each season. Softball will be offered at various
different skill levels, including:
Slow Pitch
Men's Open - A, B, and C
Industry - A, B, and C
Church - A, B, and C
Co -Ed - A, B, and C
Women's Division
Men over 54
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If any league fails to make four (4) teams, Lessee can either
combine the league with a different skill level or not offer the league
that season. The fee for each team will be $295.00; however, the fee
for each Men over 54 team will be $225.00. An annual fee increase
tied to the CPIU-Houston may be approved by the Director.
Upon conclusion of each registration period and compilation of
game schedules, Lessee shall provide the Assistant Director for
Programs a copy of all games scheduled to be played at Fields, and
any amendment to games scheduled including makeup games, etc.
An addendum to this Lease showing the current fee schedule
shall be attached and incorporated as Exhibit C whenever a fee
increase is made.
Lessee shall only use its Fields for its games. If Lessee wants
to use other City's fields, Lessee must contact the Assistant Director
for Programs and make arrangements.
3.2 . City Use. If Lessee is not using its Fields, City has the right to use any
or all fields for recreational purposes. If City uses Lessee's Fields with
lights, it shall pay for its use of Fields as set out in 3.6 herein. If City
is not using its fields, and Lessee's Fields are not playable, the Director
may allow Lessee to use City fields to maintain Lessee's game
schedule.
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The City reserves the right to accept tournament play at any
City softball field at the rate schedule established by the Park and
Recreation Fee Ordinance. These tournaments would be independent
of any tournament associated with the regular adult league play.
33 Maintenance. Lessee will mow the Fields; line the playing field; put
out and take up the bases each evening; water the Fields; maintain the
infield; clean and maintain the restrooms, etc.; in accordance with the
schedule attached and incorporated as Exhibit A. The rate set out on
Exhibit A is the cost for City performing these tasks, or mowing only,
and is based on City's actual cost of providing the services. If Lessee
fails to perform maintenance tasks as scheduled, or fails to perform
repairs in a timely manner, City may do so and bill Lessee. Lessee
shall pay City within thirty (30) days after receipt of City written
demand.
3.4 Registration. etc. Lessee will promote the program so that the public
is aware of the sign-up period. Lessee will conduct all registration,
take all fees, schedule all games, including makeup games and playoff
games, and provide trophies for the top team in each league.
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3.5 Insurance. Lessee shall provide Public Liability Insurance, Workers's
Compensation Insurance, etc., as set out on Exhibit B, attached and
incorporated.
No insurance policy may be canceled, not renewed, or changed
without thirty (30) days prior written notice to the Director. Copies of
all insurance policies shall be provided to the City Attorney within ten
(10) days of the Director's written request therefor.
Lessee cannot begin operation under this Lease until it provides
a certificate(s) of insurance for all insurance required by Exhibit B to
the Director.
3.6 Utilities. Lessee shall pay for all utilities related to usage of its Fields
and its usage of City's fields. Lessee shall pay for all its phone bills.
Lessee shall pay for all use of water, wastewater, and solid waste bills
associated with the Fields.
Lessee will install a submeter to measure how much of the
water consumption is for Field use. Lessee shall be responsible for
reading the submeter on a monthly basis and phoning the submeter
reading to the Utilities Billing Senior Clerk at 880-3442. Lessee shall
use the billing format provided by the Utilities Office and the date for
phoning the submetering readings shall be as set by the Utilities Office
on a letter to be attached and incorporated on Exhibit D. The
Utilities Office reserves the right to change the billing date and/or the
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reporting form, and if it does so a new Exhibit D will be attached
hereto.
The submeter reading shall be used to calculate the wastewater
charges. If Lessee fails to make the reading and all it in Lessee shall
pay for the wastewater charges as billed, based on water consumption.
Lessor retains the right to independently read the submeter and
if there is a deviation require Lessee to pay 100% of any under
reporting of consumption.
The lights on Lessee's Fields are to be separately submetered
for both maximum monthly demand and kilowatt hour usage. Lessee
shall be responsible for resetting the maximum monthly demand meter
on a monthly basis on a date agreed to by the Assistant Director for
Programs.
Lessee shall call in both the reading on the maximum monthly
demand and the kilowatt hour usage every Monday morning during
Lessee's scheduled seasons to the Assistant Director of Programs or his
designee. A different reporting day or time period may be agreed
upon in writing and attached to this Lease as Exhibit E.
Lessee shall pay the maximum monthly demand charge and the
submetered kilowatt hours used as shown on Lessee's submeter(s)
during each CPL billing period. If the maximum monthly demand
charge on CPL's bill to City exceeds Lessee's submetered maximum
monthly demand charge City shall pay the difference.
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If there is any question over submeter
readings, the final decision will be made by the'
City Manager.
Lessee shall pay the CP&L amount and Public Utilities amount
to City, and phone bill amounts to Southwestern Bell Telephone
Company. Lessee shall pay all utility bills prior to the due date.
3.7 Field Playability. The City reserves the right to cancel play at Fields
when field conditions, as determined by the Athletic Supervisor, may
cause player injury or damage to the fields. Every effort will be made
to determine conditions by 4:00 PM unless there is rain or other bad
weather after 4:00 PM in which case the Athletic Supervisor will notify
Lessee as soon as the adverse conditions have been determined.
3.8 Umpires. Lessee shall provide and pay for umpires for each
scheduled game.
3.9 Complaint Notice. Lessee will post a notice at Fields, in a form
approved by the Director, that if any participant or spectator has any
complaints or concerns they may contact the City at 880-3479 and talk
to the Athletics Section. A similarly worded notice shall be included
in all advertising for play at Fields.
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4. City Responsibilities.
4.1 Debt Service. City will pay bond debt for Fields.
4.2 Maintenance. City will maintain the building structure, the lighting,
water system, and wastewater system.
4.3 Capital Improvements. Capital improvements which City determines
are needed shall be funded by City at its discretion.
4.4 Contact Person. For this Lease, the City's contact person is the
Assistant Director for Programs.
5. Default. The following shall constitute events of default:
5.1 Failure to maintain any item set out on Exhibit A in the manner and
as scheduled on Exhibit A.
5.2 Failure to maintain any insurance required by section 3.5.
5.3 Failure to pay utilities before the past due date.
5.4 Failure to pay umpires and other employees or contractors within two
(2) weeks after service performed unless the charges are disputed, in
which case the demand for payment and the dispute will be presented
to the Assistant Director for Programs for his determination on
whether to pay.
5.5 Failure to pay any taxes assessed against Fields, or which may be
assessed in the future before the past due date.
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5.6 Failure to hold scheduled games for reasons not related to weather.
5.7 Failure to pay City for City's expenses for maintenance or repairs as
set out in Section 3.3 herein.
5.8 Failure to timely make any repairs.
5.9 Failure to keep, perform, and observe all other promises, covenants,
conditions, and agreements contained in this Lease. Lessee shall be
notified in writing of any default and shall have fifteen (15) days to
cure the default. However, in the event of default of 5.6 Lessee shall
have twenty-four (24) hours to cure, excluding days on which games
are not routinely scheduled.
5.10 Failure to pay withholding tax, medicare withholding, FICA
withholding, FUTA, and all other similar taxes to the appropriate
governmental agency prior to the due date.
5.11 Failure to pay sales taxes prior to the due date.
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6. Miscellaneous.
6.1 Laws. Lessee shall comply with all applicable federal,
state, and local laws, rules and regulations.
6.2 Taxes. Lessee shall pay any taxes assessed against it by virtue of its
operation of Fields before the taxes become due. Lessee shall pay all
sales taxes generated by its operation prior to the due date. Lessee
shall withhold and pay to the appropriate governmental agencies all
withholding taxes, FICA withholding, medicare withholding, FUTA,
and all similar taxes prior to the due date.
6.3 Alterations. Lessee shall not make any additions or alterations to any
improvement at Fields without the Director's prior written consent.
Any additions or alterations made by Lessee shall become the property
of the City at the expiration of this Lease.
6.4 Relationship. This Lease establishes a Landlord/Tenant relationship,
and none other. In performing this Lease, both City and Lessee will
act in an individual capacity and not as agents, employees, partners,
joint venturers, or associates of one another. The employees or agents
of either party shall not be, nor be construed to be, the employees or
agents of the other party for any purpose whatsoever.
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6.5 Indemnity. In consideration of allowing Lessee to Lease Fields, offer
softball and receive the fees therefor, Lessee will indemnify and hold
harmless the City, its agents, employees, and officers ("Indemnitees")
from and against any and all liability, damages, loss, claims, demands,
suits, and causes of action of any nature on account of death, personal
injuries, property loss or damage, or any other kind of damage,
including all expenses of litigation, court costs, and attorneys' fees,
which arise, or are claimed to arise, out of or in connection with
Lessee offering softball at Fields and all activities associated therewith
pursuant to this Lease, regardless of whether such injuries, death, or
damages are caused, or are claimed to be caused by the concurrent or
contributing negligence of Indemnitees, but not if caused by the sole
negligence of Indemnitees unmixed with the fault of any other person
or entity.
6.6 Assignment. This Lease may not be assigned without the prior written
consent of City Council.
6.7 Nondiscrimination. Lessee covenants that all its employees and
invitees shall be treated equally without regard to or because of race,
religion, national origin, sex, age, or disability and in compliance with
all federal and state laws prohibiting discrimination in employment.
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If to City:
City of Corpus Christi
Park and Recreation Department
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attention: Director of Park and Recreation
If to Lessee:
Corpus Christi Softball Association, Inc.
6409 Coral Gable
Corpus Christi, Texas 78413
Bob Cooper, President
Either party may change the address to which notice is sent by
using a method set out above. Lessee will notify City of an address
change within thirty (30) days after the address is changed.
6.10 Waiver. Any waiver by the Parties of a breach of any covenants,
terms, obligations, or events of default shall not be construed to be a
waiver of any subsequent breach, nor shall the failure to require full
compliance with the Lease be construed as changing the terms of the
Lease or as stopping the Parties from enforcing the terms of the Lease.
6.11 Inspection. Any officer or authorized employee of City may enter
upon Fields to determine whether Lessee is providing the maintenance
required by Section 3.3 and Exhibit A, or for any other purpose
incidental to City's retained rights in Fields.
6.12 Signs. Lessee shall not post signs or advertising at Fields without the
City Manager's prior written approval.
6.13 Surrender. Upon expiration or cancellation of this Lease, Lessee shall
return Fields to City in reasonably good condition, ordinary wear and
tear excepted.
SIGNED this day of , 19 .
ATTEST: CITY OF CORPUS CHRISTI
LESSOR
Armando Chapa, City Secretary Juan Garza, City Manager
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That the foregoing ordinance was rel for the fir t t4me and passed
to 4,t second reading on this the day of
19 71f , by the following vote:
Mary Rhodes (�yi p Edward A. Martin
Dr. David McNichols ail)
Dr.Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria al"c.�
David Noyola
Clif Moss
That the foregoing ordinance was read fortie segpnd time and
paste finally on this the AT day of *( j(()it LL
19 , by the following vote:
OLL
�I
Melody Cooper
Mary Rhodes
Dr. Jack Best
Cezar Galindo
Betty Jean Longoria 1t1 f
Edward A. Martin
(Et'
David Noyola (1 1
Clif Moss
Dr. David McNichols
PASSE; AND APPROVED, this the ;-) day of LL
190 •
City Secretary
MAYOR
THE CITY or CORPUS CHRISTI
APPROVED: IC) DAY OF /1 Lft %-- , 1994 .
JAMES R. BRAY, JR., CITY ATTORNEY
By—/Itt419 .
L2 City Attorney
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