Loading...
HomeMy WebLinkAbout025677 ORD - 03/23/2004Page I of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT WlTH GREAT WESTERN SOCCER LEAGUE, A NON-PROFIT ORGANIZATION, FOR THE USE OF TERRY AND BOBBY LABONTE PARK FOR ITS SOCCER PROGRAM IN CONSIDERATION OF GREAT WESTERN SOCCER LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BElT ORDAINED BYTHECITYCOUNCILOFTHECITYOFCORPUSCHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a First Amendment to the Lease Agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. A copy of the First Amendment to the Lease Agreement, including an exhibit that is attached to and incorporated into the lease, is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIR\DoyteD.Curtis\MYDOCS~003.04\LEASE.ORD\012704DC.Great.Westem. Soccer. lstAmend Lease-Ord.doc ,, ~'~ ~ :' Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the~_0~'-day of ~)ru~, 2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Sco. That thee foregoing ordinance was read for the second time and passed finally on this the/G ~lay of ~r~l~ 2004 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED on the~ day of William Kelly Rex A. Kinnison Jesse Noyola Mark Scott 2004. ATTES~ Armando Chapa City Secretary Mayor, The City of Corpus Christi A OVED Janu ry 2004.. Doyle D(',~urtis Chief, Aaministrative Law Section Senior Assistant City Attorney For City Attorney H:~LEG~D~R~D~y~eD~Curtis~v~YD~3~4\LEA~E.~RD\~127~4DC~Great~estem~ccer~1stAmend~Lease~rd~d~c Page I of 2 FIRST AMENDMENT TO GREAT WESTERN SOCCER LEAGUE LEASE AGREEMENT This agreement is between the City of Corpus Christi, a Texas home-rule municipal corporation, located in Nueces County, Texas ("City"), and the Great Western Soccer League, a non-profit organization ("Great Western"). RECITALS The City and Great Western previously entered into the "Great Western Soccer League Lease Agreement" ("Agreement") under Ordinance No. 024600 of the Corpus Christi City Council on September 25, 2001. AMENDMENTS TO LEASE AGREEMENT Great Western and the City agree to the following lease amendments: 1. The first sentence of Section 4. Consideration is amended to read in pertinent part as follows: "Lessee must operate a soccer program and must maintain the Premises and all Improvements c,", c ~,'~r round 5ccic durinR its soccer season in accordance with all maintenance rules . 2. The first sentence of Subsection F, Section 4. Consideration, is amended to read as follows: "City shall provide normal, scheduled mowing of the Premises exeluding-the ~durin.q the non-soccer season. * * * 3. The first sentence of Subsection G, Section 4. Consideration, is amended to read as follows: "Durin.q its soccer season, Lessee must maintain the soccer fields within the Lease boundary lines. * * * * 4. The first sentence of Section 3. Premises and Improvements is amended to read in pertinent part as follows: "City leases to Lessee the Premises, as described and delineated in amended Exhibit "A', which is attached hereto and incorporated herein by reference, and all improvements . CITY OF CORPUS CHRISTI PARK AND RECREATION DEPARTMENT David Ondrias, Acting Director Date H:\LEG~DIR\DoyleD.C urtis\MYDOC S~003.04\LEASE.ORD\011904DC.Great.Western.Soccer lstAmend,Lease.doc boyle D.(~t~ rti~ ' -- Chief, Acrministrative Law Section Senior Assistant City Attorney For City Attorney Page 2 of 2 GREAT WESTERN SOCCER LEAGUE Name: Title: Date: H:\LEG-DIR\DoyleD.C urtis\MYDOCS~2003.04\LEASE ORD\011904DC.Great.Western. Soccer. 1 stAmend. Lease.doc EXHIBIT A KEY I''" '1 LEASE AREA O AND BOBBY LABON'TE PARK ! ! Page 9 of 10 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND GREAT WESTERN SOCCER LEAGUE THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Man- ager, or designee ("City Manager"). and the Great Western Soccer League, a non-profit organi- zation ("Lessee"L acting through Doyle Anderson. President, or his duly authorized agent. WHEREAS, the City owns the Ferry and Bobby l~abonte Park, Corpus Christi, Nueces County, Texas, ("Premises"): and. WHEREAS, the I,essee desires to use Premises for its soccer program; and, WHEREAS. the City desires to allow Lessee to use Premises for its soccer program. NOW, THEREFORE, City' and Lessee. in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to thc remaining terms and conditions hereof, the original term of 4his Lease is five ~5)~years beginning on the 61~ day after City Council approval which is I xtO"X(~fi\)Cl{~ o( ~? .2001, and terminating on the five year anniversary thereafter. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation ("Director"). Section 3. Premises and Improvements, City leases to Lessee the Premises, as de- scribed and delineated in Exhibit "A", which is attached hereto and incorporated herein by refer- ence, and all improvements to the Premises ("Improvements") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. l.essee must operate a soccer program and must maintain the Premises and all lm~ a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by thc City Manager in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease, At a minimum, maintenance includes: A. Lessee shall pick up and properly dispose of litter on a daily' basis whenever the Premises are being used and weekly during the rest of the year; B. Lessee shall keep fully operational and m good repair the soccer fields, irrigation systems and ~hir weather parking area. which is located on the Premises; 2001-321 9/25/01 Ord. 024600 Great Western Soccer League Page I of 10 C. I.essee must immediately report any vandalism to the Director, or his designee, aod the Corpus Christi Police Department. Nueces County, Texas: Lessee must keep the fair weather parking area m~d access roads free of debris, properly designate& and free of potholes in accordmrce with standards issued by Director that are in lbrcc now and as promulgated in the future. Lessee must re- pair potholes within ten (10) days after thc need for repair is or should have been discovered: Lessee must ensure that parking is confined to designated areas; City shall provide normal, scheduled mowing of the Premises excluding the soccer fields. Lessee shall be responsible for maintaining the soccer fields as set out in Section 4G herein below. Further, Lessee shall be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches; (3. Lessee must maintain the soccer fields within the Lease boundary lines. Grass on the soccer fields must not exceed three (3) inches. Lessee must mow the soccer fields within one (1) week after grass reaches three (3) inches. At least one month prior to the start of any season or pre-season practice, the soccer fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the soccer fields at or bek)w three (3) inches or to properly bring the soccer fields back to playing condition shall be groands for termination of this Lease; and, It. Lessee shall maintain a secure anchoring system on all soccer g,oal posts used on the soccer fields at Premises. Lessee must repair an)' deficienc3 found in the an- choring system that impairs the anchoring system's safe use within forty-eight (48) hours after the need tbr repair is or should have been discovered. Section 5. Securing/Anchorim, of Goal Posts. Lessee shall submit a plan, by Septem~ ber 15, 2001, to Director for approval, approval of which will not be unreasonably withheld, that details the method of securing and anchoring the soccer goal posts for each of the soccer fields to be used by Lessee at the Premises for lhe term of this Leasc. Director shall notify Lessee of ap- proval or denial of the securing/anchoring method submitted within ten (10) days of submission of same. If denied, Director and Lessee shall cooperatively work together to design and imple- ment a secure anchoring system necessary for the safety of soccer participants and spectators. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of 'this Lease, for maintaining the approved anchoring system, as set out in Section 4H herein. Any change, alteration, or modification to thc approved anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration, or modification being made. Section 6. Understanding. Lessee acknowledges and understands that use of Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned 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. Lessee acknowledges and anderstands that Premises is subject to flooding from rain- storms and from rising water in the Nueces River. Should flooding of Premises occur at any time during the term of this Lease, I,essee agrees that l,essee shall have no action for damages against nor will be compensated by Cily for loss of use of the Premises and]or Improvements due to flooding. Lessee acknowledges and understands that City has no obligation to provide an al- ternate location for Lessee during any flooded period. I,essee's term will not change nor increase if Lessee is unable to usc Premises as set out herein. Page 2 of I0 Section 7. Joint Use. City retains joint osc of thc Premises and Improvements during the tem~ of this Lease. subject to Lessee's right to exclusive control of the Premises during its use for soccer program purposes. Lessee must not deny access to nor use of the Premises to the general public lbr unorganized activities ,,','hen thc Premises arc not being used t:br soccer purposes by 1.essee. Requests for scheduled organized activities by' other organizations will be reviewed for approval or denial by Director m~d Lessee 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 ir'rom installing, maintaining, repairing, or removing the utility lines and/or ease- ments. City must use reasonable judgment in locating the utility lines and/or easements to mini- ~nizc damage to thc Premises and/or its Improvemems. Section 8. Primary' Use. kessee lnust establish and tnaintain a recreational area with the primaD' use being, for the operation of a soccer program and fbr no other purpose without Direc- tor's prior written approval. Section 9. Additions or Alterations. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior writtcn approval. If approvcd, Lessee must obtain clearance, in writing, from City's Risk Management Department ("Risk Man- agement'') that the proposed addition or alteration will be covered under the insurance policy in irbrce during the term of this I,ease befi3re proceeding with any type of addition or alteration to the Premises or to the Improvements. All additions or alterations must be made at kesscc's expense. All additions or altcrations installed by Lessee must be repaired and/or replaced at Lessee's expense and may be removed by I,essee at the expiration or termination of the Lease if they may be removed without damaging the Premises or any hnprovements. All additions or alterations made by [,essee which are not re- moved at the expiration or termination of this Lease become the property of City without neces- sity of any legal action. Section 10. Utilities. Lessee must pay for all utilities used by it or for any activity spon- sored by Lessee on the Premises prior to the due date fi)r payment. Failure to pay any utility bill prior to the due date is grounds tbr termination oir'this I,ease. Section 11. Signs. Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, ad- vcrtiscments, notices, or other lettering ("Signs") on the Premises or on any Improvements with- out Directorrs prior x~q'itten approval. If Signs are approved, Director, in writing, may require Les- see to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of Director's ,xxitten demand, City may do or cause the work to be done, and l~essee will pay City's costs within tbirty (30) days of receipt of Director's invoice. Failure to pay Cily's costs within thirty (30) days of receipt of the invoice constitutes grounds for terminalion of this Lease. Alternatively, City may elect to terminate this l,ease after ten (10) days written notice to Lessee. Section 12. Advertising. The Director has the right to prohibit any advertising by Les- see which impairs the reputation of the Premises or thc City. Section 13. Security. Lessee shall contract and pay ~'or any and all security it requires at the Premises during the term of this Lease. Section 14. Inspection. The City Manager or Director has the right to inspect the Prem- ises and/or the Improvements at any time. If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Lessee demanding compliance. If l,essee has not co~nplied within five (5) days after receipt of the demand, City may undertake the work and Lessee shall pay City's cost plas ten percent (10%) overhead within thirty (30) days of receipt of Director's invoice. Failure to pay City's invoice for maintenance within thirty (30) Pagc 3 of 10 days of receipt of the invoice constitutes grounds for termination of this l,easc. Alternatively, City' may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 15. Non-Discrimination. 1,essee shall not discriminate nor permit discrimina- tion against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or agc, or in any manner prohibited by the laws of the United States or the State of Texas. Director retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 16. Compliance with Laws. Lessee must comply with all applicable federal, state, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Ali actions brought to enlbrce compliance will be brought in Nueces County where this I,ease was executed and will be performed. Section 17. Costs. Noncompliance with the terms herein may result in termination of this [,ease and repossession of the Premises and its Improvements by City or its agents. If City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, l,essee shall pay all City's court costs and expenses, including reasonable attorneys' fees. Section 18. Indemnity. To the extent permitted by Texas law, Les- see, its' o££tcers, members, partners, employees, representatives, agents, and licensee~(collectivelv, 'CIddemni_tors "} cove.nant to fully indemnify, say. e, and hold harmless tli~ City, its OJficers, employees, representatives, and aeents (collectively, "Indemnitees ")_fr~ om an~ against ail claims, demands, acV tions, damages, ?bsses, costs, liabtFtties, expenses, and judements asser- ted at~ainst or recoveredfrom City on account of. injury or d°amaee to per- son (~ncluding, .without limitation on the forego~n£, premises defects, work- er's comt~ensatlon and death claims), or property [OSS or damage of any kind whhtsqe, ver, to th.e.extent, any damage or injury re. ay. b. e inc. iddnt to, arise out oJ, be caused by, or be tn any way connected witlt, eitlter proxi- mately or remotely, who?ly or in l~art , the existence, use, ooeration, main- tenance, alteration, or repair of l°remises and the Great tFestern Soccer League soccer program; the exercise of rights under this' Lease; an act or omtssion, neghRence, or misconduct on t~e part o.[ Indemnitees or Indem- nitors or any oJ'l..ndemnitor's .agents, ret~resentattves, servan, ts, e~ployees., t~atrons, ~uests, licensees, invitees, or other persons havin~ involvement tn, -artici'pa¥ion with, or business with Premises, Lessee,. .°.r t.lie Great Western ~;occer League soccer t~ro~ram whetlter authortzed wtttt ttte ex. press or tm- plied invita¥ion or p..er~niss~on of L_essee (collectively, '~Lessee'.s In. vitees ') entering upon the Premises or tts lm. provements pursuant to tltis t~ease, or trespasse, rs entering upon the~ P. rer~t~i.~es or its lm.]~rovement~ d. urjng Le?see's use or p.nys, icat occ.upation oJ ttte t'remises or due to any o] tlte nazaras as- sociated w. it.h. spo.rting ev.e. nts, training, orj~ractice, as a spectat.~r or pa, rtjFi- pant, including, but not limited to, andy injury or damaRe resulting~ wnouy or in t~art, ~ro~imatelv or remotely, from th e violation'by lndemmtees, I~- demnt~tors,'or Lessee ~s Invitees of a. ny law, rule, reeulat~on, ordinance, or eovernment order of any kind; and tncluding any ~n. jury or damage in any ~ther way and includt'n~ all expenses arisin~ from ltti. gation, court costs, and attor~n · ees, wht~ch artse, or are clai~ne~ d to arise from, out of,.or ' connection'with Lessee's performance o£ the Lease, use of the Premtses or itg Improvements, or any act~vitt'es asso&'ated therewith pursuant to this Lease, by Indemnitees, Indemnitors, or Indemnitors a~ents, servants, em- pl.oyees, contractors, patrons, guests, licensees, or invHees, regardless of. whether such injuries, death, or damages are caused, or are claimed to be caused, by the concurrent, contributing, or sole negligence of lndemnitees. Page 4 of 10 Lessee covenants, and a~rees that if City is made at, arty to any litiea- tion against Lessee or tn an)' ?iti~ation comm'enced by ativ t~a~rtv, other t~an Lessee relatin~ to this Lease, Les'see shall, ut~on rece?t~t d] ?eas~onable no- tice regardine~commencement .of litigation, 'at its owd ex.[~ense, investigate all clatms an~ demands, attend to their settlement or other dist~osition, de- re. nd City in all actions based thereo.n~ and pqy all charges of h. t.t. orn..eys and all other costs and ext?enses of any kind artstne from any said liabd~tv, damage, loss, demanit, claim, or action, v~ ~ ~ Section 19. Insurance. Lessee must secure and maintain at Lessee's expense, during the tern~ of this Lease, a Commercial General Liability insurance policy with the limits and require- ments shown on Exhibit "B", which is attached hereto and incorporated herein by reference. Fail- utc to maintain such insurance at the limits and requirements shown on Exhibit "B" constitutes grounds for termination of this Lease. Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit "B", to Director and Risk Management prior to commencing use of the Premises under this Lease. I,essee must provide Director and Risk Management thirty (30) days written notice of can- cellation, intent not to renew, or material change of any insurance coverage required herein. Lessee shall, during the term of this I,ease, provide copies of all insurance policies to City Manager or Director upon written request. Lessee shall, prior 1o any addition or alteration to the Premises or to the Improvements~ obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 20. No debts. I,essee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 21. Termination. The City may immediately terminate this Lease if the City determines, in its sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Section 7. In addition, the City may immediately terminate this Lease if it determines, in its sole discretion, that Lessee is in violation of any federal, state, or local govern- ment law, rule, regulation, or ordinance, fermination for failure to maintain thc Premises and/or its Improvements are governed by Sections 4 and 13 as contained herein. Termination for failure to pay a utility bill prior to the due date is governed by Section 9 as contained herein. Termination for failure to pay City's in- voice to remove, repair, or repaint any sign within thirty (30) days of receipt of same is governed by Section 10 as contained herein. Either City or Lessee may terminate this Lease without cause by giving thirty (30) days written notice to the non-terminating party. Alternatively, if there is noncompliance with one or more of thc provisions contained herein, Director may give Lessee written notice to cum or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial complim~cE with each provision identified by Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for causc by providing written notice of termination and list- ing one or more areas of continued noncompliance. Section 22. Notice. 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 follow- lng methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, Page 5 of 10 (4) by deposit with an overnight express delivery service, tbr which service has been prepaid. 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· No- tice by telegram or oxcrnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communi- cations must only be made to the follow'ing: It: TO CITY: IF 1'O LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi. TX 78469-9277 Great Western Soccer League Attn: Doyle Anderson, President 10510 Sundown Drive Corpus Christi, TX 78410 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. Section 23. List of Officers. Lessee must submit its current List of Officers to Director within ten (10) days of commencement of this Lease. Further~ Lessee, on the subsequent yearly anniversary, dates of this Lease. must submit its current List of Officers to Director. Failure to submit a current List of Officers, either within ten (10) days of commencement or annually as re- quired by this section, shall constitute grounds for termination of this Lease. The 15st of Officers must contain each person's title, name, address, home phone, and of- ficc or fax phone, if applicable. Section 24. Ret~ortim,. Lessee shall submit reports listing thc number of youth and teams registered by Lessee to play soccer each year during the term of this Lease. The reports mnst be submitted to Director by August 31~t of each lease year. Section 25. Construction and Reconstruction Funds. lfCity receives funds to con- struct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should Director deem it necessary, upon thirty (30) days written notice from Director. Lessee has no action for damages against nor will be compensated by City for loss of use of the Premises and/or Improvements. City has no obligation to provide an alternate location for Lessee during thc hnprovements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is City's construction or reconstroction of the hnprovements for Lcssee's benefit. ()ncc construction or reconstruction of the Improvements is complete, Director will no- tit\.' Lessee, in writing, of the date on which the Premises and hnprovements are once again avail- able to Lessee. Lcssee's term will not change nor increase if City requests Lessee to vacate the Premises as set out herein. Section 26. Amendments. No alterations, changes, or modifications of the terms of this Lease nor thc waiver of any provision will be valid unless made in writing and signed by a per- son authorized to sign agreements on behalf of each party. Section 27. Waiver. The failure of either party to complain of any act or omission on thc part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. No x~,aiver of any covenant or condition or of thc breach of any covenant or condition of this Lease by either party at any time, express or im- plied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condi- tion nor shall justif? or authorize the nonobservance on any other occasion of the same or any other convenant or condition hereof. If any action by the Eessee requires the consent or approval of thc City on ()ne occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. [t is expressly understood that if at any time Lessee is in default in any of its conditions or cove- nants hereunder~ the failure on the pa~t of City to promptly avail itself of said rights and remedies which the City may have, [t will not be considered a waiver on thc part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said de~'ault. Section 28. Force Majeure. No party to this Lease will be liable for failures and delays in performance due to any cause beyond their control including, without limitation, any failures or delays in pcrformance caused by strikes, lock outs, fires, acts of God or the public enemy, com- mon carrier, inclement weather, riots or interference by civil or militaD' authorities. Section 29. Assignment and Sublease. This Lease may not be, in whole or inpart, assigned, transferred, or sublet directly or indirectly without the prior written consent of thc City. Section 30. Publication. Lessee agrees to pay thc cost of newspaper publication of this [,ease and related ordinance as required by the City Charter. Section 31. Captions. The captions in this [,ease are lbr convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 32. SeverabiliB'. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judg- ment of a court of competent jurisdiction, then thc remainder of this Lease, or the application of said tem~ or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite intent of this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or uneaforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and bc legal, valid, amd enforceable, will be added to this Lease automatically. Section 33. Entirety Clause. This Lease and thc attached and incorporated exhibits con- stimte the entire agreement between the City and Lessee tbr 'the purpose granted. All other agree- ments, promises, representations, and understandings, oral or otherwise, with reference to the sub- ject matter hereof, unless contained in this Lease are expressly revoked, except for the promulga- tion of future maintenance rules as contemplated in Section 3, which is contained herein this l,ease, 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 use of the Premises. I-:X[SCU fED IN DUPLICATE, each of which shall be considered an original, on this the ~,,5'X~day of ~,J'{~_ ' , 2001. LESSOR-CITY OF CO~L'S CHRISTI ~vid R. G~a, City ManOr ~, ,~ ~ ~'¢~,~,~¢~ ~, ,~,, ~ * ~ ~ ........... ~,,,,,~,,~, ~,,~,,,~'~,~,,~ ........ ~a Page 7 of AITEST: Armando Chapa, City Secretary ,2001. LESSE~- G??T W~ERN SOCCER LEAGUE D'/le Anderson, President, or designee Page 8 of 10 EXHIBIT A KEY LEASE AREA Page 9 of 10 EXHIBIT B INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE The Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the C~. The Lessee must not allow any subcontractor to commence work unfit all similar insurance required of the subcontractor has been obtained. The Lessee must furnish to the City's R~sk Manager, (two) 2 copies of Certificates of Insurance, with the CRy named as an additional insured for ail liability policies, and a blanket waiver of subroga~on on all applicable policies showing the follow~ng mtn{mum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Per occurrence / aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE I.~MIT 2. 3. 4. 5. 6. 7. Commercial Form PremiSes - Opera~ons Products/Completed Operations Hazard Contractual Insurance Broad Form Property Damage Independent Contractors Personal Inju~/ In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all repods of such accidents at the same time that the repotls are fomtarded to any other interested pa~es. ADDITIONAL REQUIREMENTS Certificate of Insurance; The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording 'changed or" between "be" and "canceled", and deleting the words, 'endeavor to", and deleting the wording after "le~. ' The name of ~e project must be listed under 'Description of Operations" * At a minimum, a 31~-day written notice of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1 .B (1)-(7), an authorized representafive of the insurance company must include a letter specifically stafing whether items 1 .B. (1)-(7) are included or excluded. Great Weatem Socc~ Lease agreement i~surance requirements 8-7-O1 ep Risk Management Page 10 of 10 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces CITY OF CORPUS CHRISTI Ad # 4807710 PO # Before me, the undersigned, a Notary Pubhc, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed is a true copy, was inserted in the Corpus Chnsti Caller-Times and on the World Wide Web on the Caller Times Interactive on the 15TH day(s) of FEBRUARY, 2004. $93.60 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of' FEBRUARY 16, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 'Corpus Chrfs~i Caller-T~mes, Sunday, February 15, 2004 ; . ,~ ~,, ', l nHn.,~Hrn ~rUOLlOn=l~,O AFFIDAVIT State ~¢~a} } CIW OF CORPUS CHRISTI Coun~ of Nueces } ss: Ad ~ 4848580 PO ~ Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christ~ in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, ,Jim Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 28TH day(s) of MARCH, 2004. $93.60 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MARCH 29, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. NOTICE OF pAS,~AGE O~ ORDINANCE NO. 025~77 c_.o~.~ Chm~ on I'~