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
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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 §
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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:
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(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:
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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
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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)
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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