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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". \AG5000.499 0LA91 MICRQEILMED 1 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. 1 T 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 AG2730.007.abf 3 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. AG2730.007.abf 4 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. AG2730.007abf 5 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 AG2730.007abf r 6 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. AG2730.007.abf 7 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. AG2730.007.abf e 8 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. AG2730.007.abf 9 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. AG2730.007.abf 10 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. AG2730.007.abf 11 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. AG2730.007.abf 13 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 AG2730.007.abf 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 \forme\066 ctUai Or' .91a