The URL can be used to link to this page

Home My WebLink AboutC2005-181 - 3/29/2005 - NAMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CORPUS CHRISTI AND ROUND ROCK BASEBALL, INC. WHEREAS, on February 24, 2004, the City Council of the City of Corpus Christi ("City") authorized the execution of a Stadium Lease Agreement ("Agreement") with Round Rock Baseball, Inc. ("Lessee") regarding the lease of the baseball stadium ("Baseball Stadium"); WHEREAS, the City is a member of South Texas Aggregation Project, Inc. (STAP), and as such, aggregates its municipal electric accounts with other STAP members to receive electricity from a retail electdc provider; WHEREAS, the parties desire to include the Baseball Stadium as one of the municipal electdc accounts under the STAP approved retail electdc provider; NOW, THEREFORE, the parties agree to the terms and conditions as follows in this Memorandum of Understanding CMOU"): 1. The City will request that the STAP approved retail electric provider establish an account for the Baseball Stadium in the name and mailing address of the Baseball Stadium. 2. The City will arrange with the STAP approved retail electric provider to set up meters at the Baseball Stadium to measure electrical usage in the Baseball Stadium. 3. Lessee is solely responsible for prompt payment of electric bills for the Baseball Stadium, Lessee shall make payment directly to the STAP approved retail electdc provider. Lessee agrees to pay any penalties or interest due to the retail electdc provider for late payments. 4. The parties agree that the City, and its officers, agents and employees, shall not be liable to Lessee or any party for any direct, indirect or consequential damages claimed by Lessee or other party to be caused in whole or in part, directJy or indirectly, by the provision of electdc services to the Baseball Stadium. 5. This MOU takes effect on date electdc service begins to be provided to Baseball Stadium by the STAP approved retail electric provider. (Effective Date") 6. The term of this MOU begins on the Effective Date and is commensurate with the term in the Agreement. 7. Notwithstanding the foregoing statements, the parties acknowledge that, should the City ever cease participation in STAP or should the Baseball Stadium no longer be eligible for whatever reason to participate in the STAP approved retail electdc provider program, then this MOU shall terminate upon ninety days advance written notice to Lessee. 8. If this MOU is terminated, Lessee shall continue to be responsible for procurement of and payment of electricity for the Baseball Stadium. 9. This MOU may be terminated by Lessee upon ninety days advance written notice to City. 10. This MOU may be terminated by City for nonpayment by Lessee upon thidy days 2005-181 03/~9/05 Round Rock Baseball Page 2 of 3 11. This MOU may be assigned by Lessee in accordance with assignment provisions of the Agreement. 12 All notices under this MOU, by either party, must be in wdting, signed by the sender, and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, for 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. Notice by ovemight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: IF TO LESSEE Round Rock Baseball Inc. Attn: Reid Ryan 3434 East Palm Valley Blvd. Round Rock, Texas 78664 IF TO CITY: City of Corpus Chdsti Attn: City Manager P. O. Box 9277 Corpus Chdsti, TX 78469-9277 Street Address: 1201 Leopard St. Corpus Christi, TX 78401 EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the1~1(;/'h- day of March, 2005, to be effective as of the Effective Date Armando Chapa, City Secretary Approved as to legal form on the .~o By: Li~il~ Assistant Cir.'Attorney for City Attorney day of ~ ,2005. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Page 3 of 3 ,2005, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas ........ Printed name: Commission expires: LESSEE: BY: ?-(~ ~ROUND ROCI~EBALL, INC. _ ~bid Ryan~ Prti~.~nt STATE OF TEXAS COUNT OF NUECES § / This instrument was acknowledged before me on ¥//' ~(.l~/k '% - ,2005, by Reid Ryan, as President of Round Rock Baseball, Inc. a Texas co.ration, on behalf of said ~oration. Notary Public, State of Texas Printed name: "~'~) ~/.I(,~'~E~/~ Commission expires: Corpus Christi 2003 Memorandum Assistant City Manager To: From: Date: Subject: Armando Chapa, City Secretary Oscar Martinez, Assistant City Manager March 31, 2005 MOU - Corpus Christi Baseball Attached for your signature is a copy of the MOU executed between the City and Corpus Christi Baseball for use of electricity at Whataburger Field. Thanks cc: Lisa Aguilar Kevin Stowers Cindy O'Brien Baseball Stadium File Corpus Christi 2003 Memorandum Assistant City Manager To; From: Date: Subject: George K. Noe, City Manager Oscar R. Martinez, Assistant City Manager March 25, 2005 MOU - Corpus Christi Baseball Attached for your execution is the MOU between the City and Corpus Christi Baseball for use of electricity at Whataburger Field. Essentially the agreement allows the baseball team to benefit fi-om the City's per kilowatt rate acquired through our involvement in the South Texas Aggregation Project and assigns them responsibility for direct payment for the electrical bills. Please return the signed MOU to me so I can distribute copies and return a copy to Ms, Reid Ryan. Please let me know if you have questions. cc: Cindy O'Brien Lisa Aguilar City of March 12, 2005 Round Rock Baseball, Inc. Mr. Reid Ryan 3434 East Palm Valley Blvd. Round Rock, Texas 78664 Dear Mr. Ryan: Attached for your review and execution is a copy of a Memorandum of Understanding that will allow Round Rock Baseball, Inc. to make payments for electrical usage for the Whataburger Baseball Stadium under the rates the City of Corpus Christi has paid as a member of the South Texas Aggregation Project. As a member of the South Texas Aggregation Project, the City makes payment to New Energy Constellation as our contracted electrical provider. Historically, this arrangement has allowed the City to pay a per kilowatt rate that is approximately thirty percent lower that the "price to beat". The "price to beat" is the retail rate at which the City of Corpus Chris'ti accounts would pay if they had not been switched fi.om service with CPL Retail. Please execute the attached Memorandum of Understanding at your earliest convenience. One copy may be retained for your files and the other should be returned to my attention at: Oscar R. Martinez, Assistant City Manager City of Corpus Christi P.O Box 9277 Corpus Christi, Texas 78469-9277 Should you have any questions please fi.ee to contact me at (361) 880-3897 or by e-mail at oscarm(~_,cctexas.com. Sincerely, Oscar R. Martinez cc: Lisa Aguilar, Assistant City Attorney Cindy O'Brien, Director of Finance