Loading...
HomeMy WebLinkAbout026777 ORD - 05/16/2006Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE -YEAR LEASE AND USE AGREEMENT WITH WESTSIDE PONY BASEBALL LEAGUE FOR BASEBALL PROGRAMS AT GREENWOOD /HORNE YOUTH SPORTS COMPLEX; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five -year Lease and Use agreement with Westside Pony Baseball League for baseball programs at the Greenwood /Horne Youth Sports Complex. The Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this (L- 4` day of nk(, , 2006. ATTEST: Armando Chapa City Secretary APPROVED: May 3 2006 Doyle Curds Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:1 LEG- DIR\OIgaR \Doyle \Qrdinance\06.0503DC Westside.PonyBase.ballLea gue5yr.Ord.doc CITY OF CORPUS CHRISTI .it goof 4 .61-44 enry Gar Mayor tt GREENWOOD /HORNE YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND WESTSIDE PONY BASEBALL LEAGUE STATE OF TEXAS § COUNTY OF NUECES § Page 1 of 14 KNOW ALL BY THESE PRESENTS This lease is entered into by and between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and Westside Pony Baseball League ( "Lessee "), a Texas nonprofit association, Corpus Christi, Texas, operating for the purpose of providing youth baseball programs for the citizens of Corpus Christi, acting through its duly authorized President. Section 1. Definitions. For the purposes of this Lease: C/ty means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Council means the City Council of the City. City Manager means the City Manager of the City or the City Manager's designee. Engineering Services Director means the City's Director of Engineering Services. Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to provide consideration in lieu of paying rent to the City under the terms of this lease. improvements means buildings and other structures located on the Premises. Lease means this document including all attachments and exhibits that are referred to in this document. Lessee means WESTSIDE PONY BASEBALL LEAGUE, a Texas nonprofit association, Corpus Christi, Texas Parks and Recreation means the City's Parks and Recreation Department. Director means the City's Director of Parks and Recreation or the Director's designee. H:1LEG- DIR101gaR1Doy e1Pork &RectIttle Leagues106.011, DC.Westside. PonyBase. BallLea .gueLea.se &.Use.Agmt.5yr.doc Page 2of 14 Premises means a tract or parcel of land at Greenwood /Horne Youth Sports Complex designated as shown on the attached drawing, Exhibit Al, together with all improvements. Regular hours of operation means the regularly scheduled hours of Lessee's operation. Risk Manager means the City's Director of Risk Management or the Risk Manager's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to provide youth baseball programs for the citizens of Corpus Christi. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Director. Section 3. Leased Premises. The Leased Premises is a tract or parcel of land in Greenwood /Home Youth Sports Complex designated as shown on the drawing attached as Exhibit Al, together with all improvements. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. The detailed conditions for using the Leased Premises are contained in the attached Exhibit A2. Exhibit A2 may be amended as often as necessary upon mutual agreement by the Director and the Lessee. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. Subject to all provisions of this Lease, City leases the Premises to Lessee for a term of five (5) years. However, either party, with or without cause, may terminate this Lease by giving thirty (30) days written notice to the other rty. Section 3 contains termination provisions for default. This Lease begins on the day of , 20 (the day of final City Council approval). a. Lessee may continue to occupy the Premises after the expiration of this Lease on a month -to -month tenancy if the Lessee continues to provide consideration in lieu of paying monthly rent as required by this lease, and upon the same terms and conditions as set out in this lease. HA LEG- DIRlolgaRlDoyle1Park$Reclittle Leagues106.0111DC. Westside. PonyBase. BaIlLea .gueLea.sea.Use.Agmt.5yr.doc Page.3 of 14 b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month -to -month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises or if the Lessee fails to take possession of the Leased Premises within ten days after commencement of the term of this Lease, then this Lease shall terminate automatically and City Manager may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 8 . Cessation of Use. a. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right during the first year following the cessation of use to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to the effective date of termination, c. If the cessation of use occurs and continues for one year or longer, and Lessee does not exercise the right to terminate this Lease, then the City may terminate this Lease by giving Lessee at least one (1) months notice prior to the effective termination date. d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon termination, but no consideration provided prior to termination will be refunded. e. During any cessation of use, Lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in Sections 2, 4, 22, 24, 28, and 29. Section 9. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, 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. Section 10. Lease Consideration. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must construct, maintain, and operate a public youth baseball program on the Premises. Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as directed in writing by the Director Section 11. Bylaws /Constitution, and Membership and User Requirements; Hours and Terms of Operation; List of Officers; Lessee Responsible for Activities. H:1LEG- DIR1OlgaR1Doyle \Park &Rec1Little Leagues\06.0111DC. Westside. PonyBase. BaIlLea .gueLea.se &.Use.Agmt.5yr.doc Page 4 of 14 a. Bylaws /Constitution. Attached as Exhibit B is a certified copy of Lessee's Bylaws/Constitution. Attached as Exhibit C is a certified copy of Lessee's Schedule of Activities, Hours and Terms of Operation, Membership and User Fees. Membership and User Requirements and Fees must be reasonable so that the Premises and improvements are reasonably available for use by the public. Exhibits B and C are collectively referred to as "operation documents." Lessee may not make any change in the originals of any of these operation documents without prior written consent of the Director. The written consent and certified copies of the revised operation documents must be attached to this lease as Exhibits. b. List of officers. Lessee must annually submit its current list of Officers and Board of Directors to the Director, List will include name, title, address, and phone number for each Officer. c. Lessee responsible for activities on Premises. Notwithstanding any right of City to inspect or approve any improvement or activity under this lease, Lessee covenants that it and its members are solely and exclusively responsible for all activities on the Premises and have control of the Premises; that the City has no responsibility for safety of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection or action. Lessee is solely responsible for the safety of all activities on the Premises. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 29.f. of this Lease. b. Lessee, if directed by the Director, must construct and maintain screening or other safety barriers to ensure, to the extent reasonable, that baseballs are confined to the premises. c. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Director, and Engineering Services Director for review and written consent. d. If the Director and Engineering Services Director consent to, and the Risk Manager grants clearance for, the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction; and the construction is subject to inspection by the Director, Engineering Services Director, City's Building Official, and their designated representatives. e. All approved alterations, improvements, and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation of this Lease, become the property of the City in fee H: 1LEG- DIR101gaR1DoyielPark&ReclLittle Leagues106.0111 DC.Westside. PonyBase.BallLea.gueLea.se &. Use.Agmt.Syr.doc Page 5 of 14 simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner that they become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 13. Taxes, Assessments, Licenses, and Fees. a. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Leased Premises; this includes, but is not limited to, any ad valorem taxes, personal property taxes, and sales taxes, that could be assessed against the Leased Premises and any buildings, improvements, or fixtures appurtenant to the Leased Premises.. b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. c. Lessee must provide proof of payment of all taxes within 30 days after Director requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period that may occur. Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 16. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager, which approval will not be unreasonably withheld. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. H: 1LEG- DIR\OigaR\DoyklPark &ReclLittle Leagues106.0111 DC.W estside. PonyBase. BallLea .gueLea.se &.Use.Agmt.5yr.doc Page.6 of 14 e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Director. b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of the Director's written demand, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Altematively, the City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. c. Lessee must post the Premises with signs waming that it is a baseball field and no trespassing is allowed. The Director shall approve the wording on the signs and shall determine the placement of the signs. Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. HALEG- DIR10IgaRl Doyle \Park &Rectittle Leagues106.0111DC. Westside. PonyBase. BallLea .gueLea.se &.Use.Agmt.5yr.doc Page 7 of 14 Section 23. Furniture, Fixtures, and Equipment. a. It is understood that Lessee is responsible for fumishing and equipping the Premises and that the City has no obligation to fumish any equipment or fumishings for Lessee. b. All personal property and trade fixtures fumished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. c. The Director retains the right to approve all fumishings and fixtures that may be installed in the Premises, during the term of this Lease and any Holdover Period, prior to installation. Section 24. Utilities. The attached Exhibit A2 govems the responsibility for utilities. Section 25. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 22 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 26. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers, for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Section 27. City Use. The City retains the right to use or cross the Premises with utilky lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 28. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor " ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers'compensation and death claims, or property loss or damage of any other kind whatsoever, to HA LEG- DIR\olgaRlDoOelPark&ReclLittle Leagues106.011 t DC. Westside. PonyBase. BallLea .gueLea.se &.Use.Agmt.5yr.doc Page' 8 of 14 the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by lndemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of lndemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of lndemnitees, or any of them, but not if caused by the sole negligence of lndemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any ligation against Lessee or in any litigation commenced by any party, other than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions relating to this Lease with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. Section 29. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit D, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit D, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that H:\ LEG- DIR101gaR \Doyle\Park &Rec\Llttle Leagues \06.01' 1DC. Westside. PonyBase. BallLea .guelea.se &.Use.Agmt.5yr.doc Page 9 of 14 the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. If alcoholic beverages are served on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 12(a) of this lease. Section 30. Default. The following events constitute default under this Lease: (1) Failure to provide consideration in lieu of paying rent or failure to make other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, City, at its option, in addition to any other remedy or right given under this Lease or by law, may do one or more of the following: HA LEG- DIR\OlgaRlDo* park&Rectittle Leagues\ 06.0111 DC. Westside. PonyBase. BaIlLea .gueLea.se &.Use.Agmt.5yr.doc Page 10 of 14 (1) City may give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice, (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. Section 32. Enforcement Costs. If the City files any legal action or proceeding to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent jurisdiction adjudges as reasonable attomeys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 33. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 34. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 35. Notice. a. 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 following methods: (1) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, retum receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an ovemight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. 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. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: HA LEG- DI13101gaR1Dayle parkBReclLittle Leagues106.0111 DC. Westslde. PonyBase. BallLea .gueLea.se&.Use.Agmt.5yr.doc IF TO CITY: City of Corpus Christi Parks and Recreation Dept. P.O. Box 9277 Corpus Christi, TX 78469 -9277 Attn: Director of Parks & Recreation (361) 880 -3464 IF TO LESSEE: Westside Pony Baseball League ATTN: President 5902 Ayers Street #167 Corpus Christi, TX 78415 (361) 857 -2493 Page 11 of 14 d. Either party may change the address to which notice is sent by using a method set out in subsection a. of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 37. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship In performing this Lease, the City and Lessee will each act in an individual capacity and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 40. Interpretation. This Lease shall be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 41. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) HA LEG- DIR1OlgaRl DOylelPark&Recl Itde Leagues106.0111 DC. Westside. PonyBase. BallLea .gueLea.se &.Use.Agmt.5yr.doc Page 12 of 14 the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 42. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 43. Severability. a. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, 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 operations and the Premises to be used in the operations. Section 45. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties. are binding on the parties, and their respective successors and assigns. Section 47. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager, or designee. HA LEG- DIR \OlgaR\DeylelPark &ReclLittle Leagues106.0111DC. Westside. PonyBase. BallLea .gueLea.se &.Use.Agmt.5yr.doc EXECUTED IN DU ' ATEliRIGINAI� on the.V day of LESSE ES PONY : EBALL LEAGUE By STA1 OF TEXAS COUNTY OF NUECES § Page 13 of 14 , 2006. This instrument was acknowledged before me on / elf Z 2006, by „f ints4,2 650a 0, President of Westside Pony Baseball League, a Texas nonprofit association, on behalf of the association. -)1 Notary Public, State of Texas Printed Name: Z M- 61''�e Seal: Expiration Date: 7, 1-7 ( 0 H:1LEG- DIR\OlgaR \Doyle \Park &Rec little Leagues106.0111 DC. Westside. PonyBase. BaIlLea .gueLea.se &.Use.Agmt5yr.doc REBA N. GEORGE Notary Public, State of Texas My Commission Expires February 27, 2010 ATTEST: Armando Chapa City Secretary A ° ROVED 17 October 2005 %ter! le D. Curtis Chief, Administrative Law Section f ���� Senior Assistant City Attomey .�..._,... AuT11OR11k► For City Attomey ar Ot►u�r�it _ 1 bk sEatrtAirv--6_, Page .14 of 14 CITY OF CORPUS CHRISTI George K. Noe City Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _ George K. Noe, City Manager of the City of Corpus C risti, a T, Municipal Corporation, orb behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date; r*"kke, Connie Parks My Commission Expires .47 November 09, 2007 rit H: 1LEG- DIRlolgaRlDoyleTark &ReclLittle Leaguesl06.0111DC. Westside. PonyBase. BallLea .gueLea.se &.Use.Agmt.5yr.doc 1 EXHIBIT A2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT WITH THE WESTSIDE PONY BASEBALL LEAGUE This Exhibit A2 contains detailed conditions for using the Premises ( "Premises "). This ExhibitA2 is attached to and govemed by, and the Premises is defined in, the Youth Sports Complex Lease and Use Agreement between the City Of Corpus Christi, Texas and Westside Pony Baseball League 1. Lessee Services and Responsibilities. 1.1 Baseball. Youth baseball will be offered at various different skill levels. Lessee may also hold toumaments with dates to be determined in conference with Parks Director. Dates of the toumaments must be requested as soon as possible each year. The Parks Director will inform Lessee as soon as dates have been determined. All members of all teams playing on Lessee's Premises must be registered with a nationally recognized baseball organization. Lessee may grant use rights for Lessee's Premises to nationally recognized baseball organization registered teams for practice. 1.2City Use. If Lessee is not using its Premises, City may use any or all of the area for recreational purposes. The City reserves the right to accept toumament play at any City baseball field at the rate schedule established by the Park and Recreation Fee Ordinance. These toumaments will be independent of any tournament associated with the regular adult league play. 1.3Maintenance. Lessee must maintain the Premises. 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 must pay City within 30 days after Parks Director's written demand. 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 the Premises (including any buildings, permanent or temporary) operational and in good repair; including, but not limited to, lining the playing field, taking out and putting up the bases each evening, maintaining the infield, and cleaning and maintaining the interior of the buildings and restrooms. c. Lessee shall keep safe and in good repair the bleachers; Lessee must repair the bleachers within 48 hours after the need for repair is, or should have been discovered. H:\ LEG- DIR \OIgaR \Doyle \Park &ReclLittle Leagues106.0124DC. Westside. PonyBase .BaIlLea.gueExh.ibitA2.doc d. Lessee must immediately report any vandalism to the Parks Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas; e. Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Parks Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (10) working days after the need for repair is or should have been discovered; f. Lessee must ensure that parking is confined to designated areas; g. Lessee must maintain the Premises within the Lease boundary lines. Lessee shall be responsible for maintaining the grass at a safe height not to exceed six (6) inches. Lessee will water the Premises, in compliance with any effective drought plan. 1.4Registration, etc. Lessee will promote the program so that the public is aware of the organization's activities. 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. 1.3Utilities. Where practical, as determined in the sole discretion of Parks Director, Lessee must install and pay for its own utility meters and Lessee must have all utility service providers bill Lessee for all utilities. Lessee must promptly pay all utility bills so that none of those bills become delinquent. Lessee must pay for all utilities, such as electricity, water, wastewater, solid waste, and phone associated with its usage of the Premises. Electricity for field lights will be billed at the established fee of $8.00 /hr for night games. 1.6Field Playability. The City reserves the right to cancel play at Premises when field conditions, as determined by the Athletics Program Manager, may cause player injury or damage to the Premises. Every effort will be made to determine conditions by 4:00 p.m. unless there is rain or other bad weather after 4:00 p.m. in which case the Athletic Supervisor will notify Lessee as soon as the adverse conditions have been determined. 1.7Umpires. Lessee must provide and pay for umpires for each scheduled game. 1.8Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or designee. 1.9Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall take a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. H:1 LEG -DI R\OIgaR\Doyle\Park &ReclLittle Leaguest06.0124DC. Westside. PonyBase .BallLea.gueExh.ibitA2.doc 2. City Responsibilities. 2.1 Debt Service. City will pay bond debt for Premises. 2.2Maintenance. City will maintain the areas outside of the Premises determined by this lease. 2.3Capital Improvements. City will fund capital improvements determined by the City that are needed at its discretion. Contact Person. For the Lease, the City's contact person is the Parks Director. H:1 LEG -DI R\OIgaR\Doyle\Park &ReclLittle Leagues106.0124DC. Westside. PonyBase .BaIlLea.gueExh.ibitA2.doc RAPS MIDDLE SCHOOL. WESTSIDE PON 4001 GREE CORPUS CHRISTI, 3619943626 AGUE OD S 78416 2005 SCHEDULE OF A OUR SCHEDULE OF ACTIVITIES FOR THE FOLLOWS : CICT - r POOP, PR1 WESTSIDE PONY GAMES. WESTSIDE PONY LEAGUE BASEB _ V1'ESTSIDE PONY BASEBALL. 4 WESTSIDE PONY TOURNAMENTS. WESTSIDE PONY STAR TOURNAM r;. WESTSIDE PONY TOURNAMENTS. LEAGUE FIELDS LEAGUE FIELDS ALL LEAGUE FIELDS LEAGUE FIELDS LEAGUE FIELDS ENTS. LEAGUE FIELDS PRESIDENT: SINC o "J TIES 2010 SIDE PONY LEAGUE ARE AS BE USED FOR PRACTICES & BE USED FOR SPRING BE USED FOR FALL LEAGUE BE USED FOR LOCAL LEAGUE BE USED FOR LOCAL ALL - BE USED FOR LOCAL SELECT 15.44 Ti 1 ZF15:4PC1 PF.4 OCT. 7, 2005 (07:7 J'- r ' r P0pv❑ R ❑ ❑('17 ❑oT T nm h5 :£ d l- 130 SOO/ • p» 3 ❑ 7 d 10I1038D323 SA8 id ° ' :3.4iN 98E088192:131 ZI:91 ODM SO02- 82 -d3S WESTSI . : PONY LEAGUE 4001 EENWOOD CORPUS C ' ISTI, TEXAS 78416 2005 BOA ` , MEMBERS 2010 PRESIDENT : SA GO " JIMMY " ESCARENO 590 YER'S # 167 TX. 78415 HM. # ( 361 ) 857 — : s 3 & CELL # ( 361 ) 739 -2555 9— — 5 TO 9 -1 -10 VICE — PRESID : MICHAEL SILGUERO 771: EDAR CREEK TX. 78413 HM. # ( 361 ) 993 77 & CELL # ( 361 ) 442 -4172 9 ;1 ',5 TO 9 -1 -10 TREASU = ' : MARY ALVAREZ 6130 1 OLDRIDGE # 307 TX. 78414 HM 361 ) 992 -4435 9 1 '5 TO 9-1-10 SECRE , Y: NELDA ANGEL 43 8 BRENTWOOD TX. 78415 HM. # ( 361 ) 80 89 & CELL # ( 361 ) 244 -2962 05 TO 9 -1 -10 HAAS MIDDLE SCHOOL WESTSIDE PO 4001 GREE CORPUS CHRISTI, 3619943626 EAGUE OD XAS 78416 2005 HOURS & TERMS OF OUR HOURS & TERMS OF OPERATIO PONY LEAGUE ARE AS FOLLOWS: 1. WESTSIDE PONY LEAGUE FIEL SUNDAY THRU SATURDAY. 2. WESTSIDE PONY LEAGUE FIEL A.M. TO 10:00 P.M. RATIONS 2010 OR THE WESTSIDE SINCERE LL OPERATE FROM URS WILL BE FROM 8:00 PRESIDENT: ySTAGO " CAREN OCT. 14, 2005 OCT 14 -2005 FRI 09.57 TEL:3618203864 P.3 NAME:C.C. PARKS & RECREATION P. 3 O`� tie l 4001 GREENW CORPUS CHRISTI, HRRS MIDDLE SCHOOL WESTSIDE PONY 3619943626 EAGUE OD S 78416 2005 MEMBERSHIP REQUIREMEN & USER FEES 2010 OUR MEMBERSHIP REQUIREMENTS WESTSIDE PONY LEAGUE M E EACH SPRING BASEBALL TEAM I. WESTSIDE PONY LEAGUE A $ 250. 10 2. EACH SPRING BASEBALL PLAYER I, REGISTER AT WESTSIDE PONY LEA $ 50.00. 3 EACH FALL BASEBALL TEAM IS R*Q HIS OR HER TEAM AND PLAYERS. AS FOLLOWS: A BRONCO AGE (11 -12) $ 360.00 MEN E B. PONY AGE (13 -14) $ 400.00 ME r: i C COLT AGE (15 -16) $ 475.00 MEMBE D_ PALOMINO AGE (17 -I$) $ 475.00 ME 4 WES TSIDE PONY LEAGUE MEMBER USED TO PAY FOR LEAGUE INSURA DUMPSTER, TELEPHONE, UMPIRES EMLOYEES, And MAINTENENCE ON ki PURCHASING NEW EQUIPMENT FOR T LEAGUE USER FEES FOR THE S FOLLOWS: UIRED TO PROVIDE PONSOR. REQUIRED TO ATAFEEOF D TO REGISTER FEES CAN RANGE SHIP PER TEAM. SHIP PER TEAM. HIP PER TEAM. RSHIP PER TEAM. & FEES WILL BE , LIGHTS, CESSION LEX AND OR WESTSIDE PONY SINCERELY, PRESIDENT: SANTIAGO " 1 , •" ESCA TI IC /C•» Tl=t .-p-p:4 0 OCT. 25, 2005 �r. NOMF:C C. PARKS & RECREATION p.3 P. 3 EXHIBIT D INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non- renewal or termination and a 10 day written notice of cancellation for non payment of premium is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including. 1 Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contactual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within ten (10) day of any accident. II. ADDITIONAL REQUIREMENTS R. 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 is also required. 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 "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premium is required. B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. 2006 Westside Pony Baseball League Ins. req. 1 -12-06 ep Risk Management