HomeMy WebLinkAboutC2005-507 - 10/11/2005 - ApprovedPage 1of 17
KIWANIS PARK 8OF'I'BALL COMPLEX I.EASE & UEE AGREEMENT
BETINEEN
CITY OF CORPtJ8 CHRISTI
AND
CORPUS CHRISTI SENIOR ~3FTBALL ASSOCIATION
STATE OF 'rEX.a~ §
§
COUNTY OF NUECES §
KNOW ALL BY THEEE PRESENTS
This lease is entered into by and between tyro City of Corpu~ Christi ("City"), a Texes
horn, c, rule municipal corporation, ac~lng through its duly authorized City Manager, or the
City Manager's designee, and COflPU8 CHRIS'r1 SENIOR 843F'FBALL AESOClA'noN
("l.e~aee"), a Texas nonprofit association, Corpu~ Christi, Texas, operating for the
purpose of pmvtding sofltmll programs for the citizens of Corpus Christi, acting through
[ts duly authorized President.
Section 1. D~tlnltiorm. For the purpoees of this Lease:
Ctiy means the City of Corpus Christi, Nueces County, Texas, a home rule
rnunlclpal corporation.
~ Count//means the City Council of the City.
City Manager means the City Manager of Ute City or the City Manager's de~dgnee.
Eng/neer/ng ~ D/r~-'tor means the City's Director of Engineering ~
Ho/dover PerJod means any period of time in which the Lessee mmalrm In the
Premises after the explfuUon of the original term of this Lease and continues to
I~mVfl:le conside,u~on in lieu of paying rent to the City under the terms of this lease.
I~t~ means buildings and other structures located on the Premises.
Leese means this document. Including all attachmer,[s and exhll:4ts that are
to In this document.
/_ea~ee means CORPUS CHRIETI SENIOR 8OF'rl],,M.L A88OClA'nON, a Texas
nonprofit association. Corpus Chdsti, Texas.
Parks and ~Uon means the City's Parks and Recreation Depa, b,ent.
DJ~ moan6 th6 City's Diroctor of Parks 8nd RocreBtJon or the Director'6
designee.
Pren~aes means a tract or parcel of land at Kiwanis Park designated as shown on
the attached drawing, Exhibit Al, together with all Impmverno~L~.
I 0/1 i/(~; ,,cc.s- 6olltd L e~lJ 6y~l.doc
0rd02650~
I '( 'i~a,or ~l'tl)all
Page 2 of 17
Rel/u/ar houm of opemt/on means the regularly scheduled houm of I_eeaee'a
operation.
Manager means the City's Director of Risk Management or the Rlak
designee.
S/gri means any signs, advertisements, notices, or other lettering that am exhlbltecl,
~nscflbed, pelnted, erected, or affixed on or about the Premises, or any part of the
Section 2. Purpoae. The purpose of this Lease, between the City and Lea~ee, is to
enable Lessee to provide softball progmrns for the citizens of Corpus Christi. Lessee
may rK)t operate the Leased Premises for any other purpose without the prior w~-~'u~n
approval of the Director.
Section 3. I.eaaed Pmmlae~. The Leased Premises Is a tract or parcel of land In
Kiwanis Park deeignatecl as shown on the drawing attached as F..Mflbit Al, together
with all Improvements.
Section 4. ~ of ~ Pmmlaes Subject to Leaae. The Leeaee's uae of the
Leased Premises Is subject to the terms and conditions In this lease. The de, lied
conditions for using the Leased Premisee am contained In the attached Exhll~t .42.
Exhibit A2 may be amended as often as necessary upon mutual agreement by ~
Director and the Lessee. This lease Is made In consideration of the mutual promb~s
and covenants contained In this lease
Section 5. Limitation of Leaaehold. City does not warrant Its title to I~ Leased
I:h-emises This Lease and the rights and privileges granted Leaeae In and to ~
Leased Premises are subject to all covenants, conditions, restrictions, and ~ of
record or apparent. Nothing contained in this Lease may be construed to Imply the
conveyance to Leasee of rlgh[~ in the Leased Premises that exceed thoee owned by
Section 6. Term. Subject to all provisions of this Lease, City lealee the Pmmisee to
Lessee for a term of five (5) years. However, either party, wffh or without cause, may
terminate this Lease by giving thirty (30) days written notice ~o the other party. Section
~,1 contains termination provisions for default. This Lease begins on theU~.-day of
. ,- .' · -.. , 2005 (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--rnonth tenarmy if the Leseee continues to provide cor~dau~n In lieu
of paying monthly rant as required by this lease, and upon the &ama terms and
conditions as set out ,n this lease
b. The Holdover Period may not exceed six months in length.
c. The City Manager has ttm absolute right to tefrnlna~e the month-to-rno~
tenancy with or without cause upon thirty (30) days w~T'u~n noaca to Lessee.
H LF~.4.1'~R~aR Do~e'~,~.~w~.0'~2[X: Kr**~ P3rkCC~' ~:dtball Le.~
Page 3 of 17
Sect]on 7. Abandonment of ~ Pmml~e~. If the Lessee abandons the Leased
Prer~se~ or If I~e Lessee fails to take possesskm of the Leased Premtses within ten
days after commertcement of the term of this Lease, tJ~en this Lease s~all terminate
automatically and City Manager may take Immediate possession of the Leased
Premises 'Abandoned" means that the Leased Premises become vacant or deserted
f~r a continuous period of thirty (30) days.
Section 6. ~ of Uae.
a. If Lesaee for any rsason ceases to use the Leaaed Promises for the purpose~
specified In Section 2, Lessee has the right dudng the first year following the
cessation of use to terminate this Lease by wTItlen notice to the City Manager.
b. The written notice of termination must be given at least three (3) monLh8 pdor to
the effective date of termination.
c. If the cessation of use occurs and continue8 for one year or longer, and Lessee
does not exercise the right to terminate this Leaae, then the City may ~ this
Leaae by gMng Lessee at least one (1) months notice prior to the effective
termination date.
d. Lessee's obligation to provide conalderatJon in lieu of paying rant ceas~ upon
termination, but no consideration provided prior to termination will be refunded.
e. During any cessation of use, Lmmee must maintain and regulate the uae and
occupancy of the Leased Premises at Lesaee's expense aa 8pedfled In Sectlorm 2,
4.22, 24, 28. and 29.
Section 9. Surrender. Lessee acknowledges and undemtands 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 u~e and
wear, acts of C-.-.-.-.-.-.-.-.-~d. fire and flood damage or de~n where Lessee b without fault,
excepted
Section 10. Le~ Cormidemtlon. For and in cormlde~uUon of b'le dght~ and
privileges granted in fl31s lease, and in lieu of lease payme.~ to the City, Levee must
consa~, maintain, and operate a public softball program on the Promises. Further,
Lessee must rnalntain the Premises by mowing, collecting Ntter, e{c. as directed In
writing by the Director.
Section 11. Bylaws/Cormtltutlon, and Membemh~p and [Jeer Requlmrrlent~; Houm
and Terrrm of Oplrlt~n; Mst of Officem; ~ Rill)or, hie for Actlvttlll.
a. Bylaw~/~on. Attached as E~hlbit B Is a certified copy of I.easee's
BHaws/Con~n. Attached as Exhibit C Is a certified copy of Le~eee's Schedule
of Activities, Houm and Terms of Ope~u[k)n, Membership and User Fee~.
Membership and User Requireme,[u and Fees must be reasonable so that the
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Premlsa~ and Improvements am reasonably available for m by th~ public. Exhlbl~
B ami C am collecUvely referred to aa 'operetlon decument~' Lessee may not
make any change In the originals of any of these operation documen~ wffi~out
prior written consent of the Director. The written consent and cef;;r~! copies
revised operation documem must be attached to this lease as Exhlbit~.
b. Ult of officers. Lessee must annually submit Its current ILst of Officers and
Board of Directors to the Director. Llat will Include name, title, eddmaa, and phone
number for each Officer.
c. ~ re~lxm~lble for ac[;vttle~ on Prsml~. Notwithstanding any right of
City to Inspect or approve any Improvement or actMty under this lease, Lessee
covenants that It and Ils members are solely and exclusively responelble for all
actlvffies on the Promises and have co.bul of the Premises; that the City has no
responsibility for safety of, or any activity on, the Pmmtsea; and that Lessee shall not
rely on any City inepect~on or action. Lessee is solely responsible for the safety of all
achvfflea on the Premises.
~ectlon 12. AJteratlone.
a. Lessee may not make any alterations, additions, or Impmverne, i= to, In, o~, or
about the Premises, wffhout the prior w;~[un 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 dim(ted by the Director, must construct and melntaln acrsenlng or
other safety barriers to ensure, to the extent reasonable, that softballs are confined
to the prernlso$.
c. Prior to making any alteratl(ms, additions, or Improvements to, In, on, or about
the Pmmisea, Lessee must submit the plans and speciflcatlona for the alterations,
additions, or improvements to the Director. and Engineering Services Director for
review and vw-rru=n consent.
d. If the Director and Engineering Services Director consent to, and the Rlek
Manager grants clearance for, the alte, ur~ons, additions, or Improvements, the
Lessee shall obtain all required permits for the construction; and the construction Is
subject to Inspection by the Director, Er~ginearlng Servicea Director, city's Building
Official, and their designated represen[aiJves
e. All approved alterations, improvements, and additions made by the Lessee upon
the Premises, although at Les, see'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
simple wfl~3ut any other action or process of law. Lessee agrees to be co,-~[~ctually
and financially reaponalbie 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 ~ City.
Page 5 of 17
Sect]on 13. Taxe., A~e~ment., Ucer~e~, and Feet.
a. Lessee must pay, In full prior to each respective due date, all taxes,
assesarne~b~, licenses, and fees required by the Lessee's use of Ihe Lea~cl
Premises; l~ls includes, but La not limited to, any ad valorem taxes, pemonal
Premises and any buildings, improvements, or fixtures appurtenant to ~ Leased
Premises..
b. Lessee covena~ 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 Employees Tax Guide, publication 15, as It may be
amended.
c. Lessee must provide proof of payment of all taxes w~thln 30 days after Director
request~ proof of payment. Failure to pay or pmvtde proof of payment la gmunde to
terminate this Lea~e.
Section 14. No Debt~ Lei may not incur any debts or obligations on the credit of
the City during b~e term of this Lease. and Including dudng any Holdover Period that
may occur.
Section 15. No Llen~. Lessee agrees not to permit any rnechank='s lien,
materlalman's lien, tax lien, or any other lien to become attached to the Lea~cl
Premises. or any part or parcel of the Leased Promises, or the impmverne.~ on the
Leased Pmmi~es, because of any work or labor per[ormed by any mechanic, materials
fumiahed by any materialman, or any other mason.
Sect]on 16. A~lgnment ~ Subleasing.
a. Lessee may not assign or encumber t~ls lease, wffhout 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 wffhheld.
b. Upon approval of t~e assignment. Lessee may request the City to release
Lessee [,um any further liability under the Lease. City will grant the release If the
assignee covenants to assume all obligations and duflea of Lessee of l~ls Lease.
c. Any atternpled assignment or sublet without the prior w~-~u~n consent of fl'~ City
Manager renders this Lease void.
d. N3 assignment of ~ Lease under l~e same terms and conditions is not an
amendment of the Lease.
e. Each pmvtsio~, 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.
Page 6 of 17
f. Any failure of ass~;Ir=c to StTICtJy comply with each provision, term, cover~nt,
obl~lon, and condition in this lease may render this Lease null and void.
Section 17. $1gna; Wamlng Signs Poeted.
=- Lessee may not exhibit, inscribe, paint, erect, or -,'T'~x any sign at, o~, or about the
Premises, or any part of this Lease, wiltx>ut the prior wdllen approval of the Director.
b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If
LeSae~ do~8 not remove, repaint, or repair the Signs w~[hln ten (10) days of the
Director's written demand, the City may elect to terminate this Lease a~mr ten (10)
days w~'~n notice to Lessee. AJterna~Jvety, the City may do or cause the work to be
done and Lessee shall pay the City's cos~ wffhln 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 w,-~u~n notice to Lessee
c. Lessee must post the Premises with s~gns warning ~ It Is a baseball field and
no t~espassing Is allowed The Direck~r shall approve the wording on the signs and
shall determine the placement of the signs
Section 18. ~ Affecting Ol~eratl~n of Preml~e~ and Perl~'mance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to Lessee's oparatJon of the Premises and Leasee's performance under this
Lease. This Lease is also subject to applicable provisions of the City Charter.
Section 19. Non~l~.,rlmlnation. Lessee covenan~ and agrees that Lessee will not
discriminate nor permIt discrimination against any parson or group of persons, w~h
regard to employment and the provision of services at, on, or In the Premises, o~ the
grounds of mca, religion, national origin, marital status, sex, age, dlseblllty, 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.
Sectlen 2~. Drug Policy. Lessee must adopt a Drug Fmc Workplace and drug testing
policy that substantially confo,,,s to the City's policy.
Secth>n 21. Vl~en~e Policy. Lessee must adopt a Violence In the Workplace and
related h~rlng policy that substantially conforms to the Clb/s potlcy.
Sectle~ 22. Maintenance. Lessee shall rnalntain the Leased Prernlses and all
~mpmvements In good and safe condition dudng the Lease term.
Section 23. Fumltum, Flxture~, ami Equlpmeet
a. It is unde~'u.~d that Lessee is responsible for fumishlng and erlulpplng the
Premises and that the City has no obligation to fumlsh any equipment or fumlshlngs
for Lessee.
Page 7 of 17
b. AJI personal property and trade fixtures fumlahed by or on behalf of Lessee
~ema~n the property of the Lessee. unless the personal property and trade ffxtun~
are specifically donated to the City dudng the term of this Lease or any Holdover
c. The Director re[sins the right to approve all fumtshings and fixtures that may be
~nstalled in the Fh'emises. dudng the term of this Lease and any Holdover Period,
prior to Instellatlon.
Section 24. Utllltfl~. The attached Exhibit A2 governs the responsJ~ for utlifles.
Section 25. City'e Right of Irmpection. Any officer or authorized employee of the City
may enter upon the Premises, at all reasonable times and wtt~out notice, to det~,~lne
whether Lessee is pmvtdlng 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
Promises
Section 26. Director's Right to Access Premise~ In Emergency.
a. Lessee shall provide the Director w~h keys to the Promises, and a currant 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 dudng the regular houm of
opemtJon or at anytime in an emergency.
Section 27. City Uae. The City re[sins the right to use or cross the Preml~e~ ~
~tlllty lines and easeme~a[s. City may exercise these righ~ witho~ compensetkm to
Lessee for damages to the Premises [~urn Ina~lllng, maintaining, repairing, or removing
the utility Ilrms and easements. City must use reasonable Judgment In locating the utility
lines and easeme.[t~ to minimize damage to the Promises.
Section 28. Indemnity. In consideration of allowing Lessee to use the
Premises, Lessee ("lndemnltor") covener~ to fu//y indemnify, MYe
and hold harmless the City, Its officers, sgent~, representatives, and
emp/oyees (collectively, "lndemnltee~") 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 Ilmltadon on
claims, or property loss or damage of any other Idnd whatsoever, to
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: ( f ) Lessee fs performa~ under this
Lease; (2) Lessee~s use of the Premises and any and all a~
associated with the Lessee's use of the Premises under this Lease;
Page 8 of 17
regulation, ordinance, or government order of any kind pertaining,
directly or indlrect~, 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 representatfves or of Indemnltees, 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 Indemnitees, or any of them, but not If caused by the
sole negligence of Indemnltees, or any of them, unmixed with the fault
of any other person or entfty, and Including all expenses of lltfga~,
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
litigation against Lessee or In any litigation commenced by any party,
other than Lessee, re/at/ng to this Lease, Lessee shall, upon receipt of
reasonable notice regarding commencement of litigation, at Its own
expense, Investfgate all claims and demands, attend to their
settlement or other disposition, defend City in all ac~ns relaffng to
this Lease with legal counsel satisfactory to the City Atto,,,ey, 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.
Sect]on 29. Insurance.
a. Lessee s~all secure and maintain at Lessee'$ expense, dudng the t~rm of thl~
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. I_e~mee shall
uae an Insurance company or companies acceptable to the Risk Manager. Failure
to maintain the Insurance during the term of this Lea~e, at the limits and
requireme.l~ shown on Exhibit D. con~U[utes grounds for termination of this Lease.
b. The Certificate of Ineumnce must be eent to the Risk Manager prior to occupancy
of and operations at the Premises. The Certificate of Insurance must pmvtcle that
the City will have thirty (30) days advance wrltte~ notice of carm~latlon, Intent to not
renew material change, or termination of any coverage requlrecl in this Lease.
c. Lessee shall provide, dudng the term of this Lease, copies of afl Insurance
policies to the Risk Manager upon w, lLben request by the City Manager.
Page 9 of 17
d. The Risk Manager ,u~ns th~ right to annually review the amount and type~ of
~nsumnce ma~ntalnad by Lessee, to require Increased coverage limits, ff necessary
~n the interest of public heal~, safety, or weffam, and to decrease coverage, ff so
wan'anted. In the event of any necessary increase, Lsesee must receNe b'lhty (30)
days w~ltte~ notice prior to the effective date of the mquimrnant to o{:~aln Increased
coverage.
e. If alcoholic beverages am served on or in any Premises covered by this Lease,
the Lessee shall additionally obtain or cause to be obtalnad alcoholic beverage
liability Insumnco In the amount of one million dollars ($1,000,000.00) covering ~
event or time period when alcoholic beverages am to be served.
f, Lessee shall, prior to any addition or alteration to, In, on, or about the Promises,
obtain prior clearance, In writing, hum the Rink Manager lhat the proposed addition
or alteration will not necessitate a change or modification In the existing Insurance
coverage mal~[alned by Lessee. This clearance is in addition to the prior consent
requlr~:l by Section 12(a) of this lease.
~'tlon 3~. De~'~llt. The following events constitute de[suit under this Lease:
{ 1 ) Failure to pm,vide consideration In lieu of paying rant 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 ~ lease.
(6) Failure to timely pay City's invoice for the removal, mpalntlng, or repelr of any
Signs at l~e Premises.
(7) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
~ectlon 31. City's Remedle~ on I. ea~ee'a Default. Upon the occurrence of any
event of de[suit, City, at its option, in addrdon to any other remedy or right given under
this Lease or by law, may do one or mom of the following:
(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 gMng of the
(2) Immediately or at any time after the occurrence of the event of d~'ault and
wtthout 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 l~e Leased Promises and
Page 10 of 17
re~ke po~ession, by legal proceedings or otherwise, expel Leasee and anyone
cla~mlng through or under Lessee, remove Leasee's or a claimant's goods and
effects, forcibly, If necessary, and ~k~re the goods in the name and at the expense of
LeSS~.
Section 32. Enforcement Coat~. If the City flle~ any legal action or proceeding to
repossees the Premises. collect the lease payment(s) due under this Lease, collect for
any damages to the Promises, or to enforce in any other way the pmWalorm of this
Lease, Lessee agrees to pay all court co~ and expenses and the sum that a court of
competent Jurisdiction adjudges as reasonable attorneys' fees In the action or
proceeding, or ~n an appeal, if a judgment Is rendered In favor of the City.
Section 33. Modlflcatlona. No provision of this Lease may be changed, modlflad, or
waived, unless the change, rnodlflcatlon, or waiver Is made In writing and signed by
~emons authodzad to sign agreeme.~ on behalf of each party.
Section 34. Contact Perm3n/I.ea~e Administrator. For this Lease, the City's contact
oerson and lease administrator is the Director
SectJon 35. NctJc~.
a. NI notices, demands, requests, or replies prov~ed for or permlttod under this
Lease by either party must be In writing and must be delivered by one of the
following rnethods: (I) by personal delivery; (11) by deposit v~ih ~e United States
Pos~l Service as certified or registered mall, retum receipt mquestecl, postage
prepaid; (111) by prepaid tetegmm; (iv) by depose wffh an ovemlght express delivery
service, for which service has been prepaid: or(v) byfax tmrmmlsalon.
b. Notice deposited with the United States Postal Service In the manner dsecrlbed
above will be deemed effective two (2) b(Jsirmss days after deposit with the United
Si~[es Postal Service. Notice by telegram or overnight express delivery service will
be dccmad effective one (1) business day ulcer transmission to the telegraph
company or overnight express carrier. Notice by fax tmnsrnbmion will be deemed
elfec~ve upon transmission with proof of delivery.
c. All the communications must only be made to the following:
IF TO CrTY:
IF TO LESSEE:
City of Corpus Christi
President
Parks and Recreation Dept.
Corpus Chdstl Senior Softball Am~)ciatlon
P O. Box 9277
1442 Maryiand
Corpus Christi, TX 78469-9277
Corpus Christi, TX 78415
At'm: Director of Parks & Recreation (381) 852-3497
H 4. E(3- DIR-O~I;I~c'~]?23OC.KN~P~rCC.~- 843~1~J, le~.e 5~n.ckx:
Page 11 of 17
!361 ) 880-3484
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 rite City of an addma~
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
~n performance due to any cause beyond the party's control IncJudlng, w~hout limitation,
any delays or failures In performance caused by strikes, lock outs, fires, act~ of C.-.-.-.-.-.-.-.-.-~d or
the public enemy, common carrier, severn Inciement weather, riots or li~erfer~nce by
~vil or military authorities. The delays or failures to perform extend the period of
perfo,.~nce until these exigencies have been removed. The Lessee shall Info.. the
City in w. Ung of proof of the force majeure within three (3) bu~lneas days or otherwtea
waive this right as a defense.
Seotlon 37. Re.tire. hip of Parties. This Lease establishes a landlord/tenant
relationship, and no other relationship. This Lease must be cor.~ concJuaJvely In
favor of that mla'donshlp. In perfo,,,,ing this Lease, the City and Lessee w~ each act In
an individual capacity and not as agents, representatives, employee~, employem,
partners, joint-venturers, or associates of one another. The empk)yeas or agents of
either party may not be. nor be construed to be, the empioyeea or age.~a of the off'mr
~arty for any purpose.
Section 38. Not for Benefit of Third Parties. This Lease is only for b'm ben~[ of the
City and Lessee, and no third party has any rights or ctalma under this Lease or against
the City.
Section 38. Publics'don Coe~. Leseae shall pay for the cost of publishing the Lease
descrlpUon and misted ordlnanca, as required by the City's Charter, In rite legal section
3f the local newspaper.
Section 40. Interpretation. This Lease shall be interpYe~ed according to the Texas
laws that govem the interp~-e~ation of contTa~:la. Venue lies in Nuecea County, Texas,
where this Lease was antered Into and will be parfo,,,,ed.
Section 41. Survival of Terrrm. Termination or expiration of this Lease for any reason
does not release efiher party from any Ilabll~les or obligations under this Lease that (a)
the parties have expressly agreed survive any the termination or expimUon; (b) remain
to be perfo.~scl: or (c) by their nature would be intended to be applicable following rite
termination or expiration of this Lease
Section 42. CardJon~. The captions utilized in this Lease are for convenlance only
and do not in any way limit or amplify the terms or provisions of this Lease.
Section 43. Sevemblllty.
a. It is the definite intent of the par'des to this Lease that every section, paragraph,
subdMslon, clause, provision, phrase, or word of this Lease be given full force and
H ~-E~:, DIR, CY4~.[]O~I~P:~,&F.I~C~05 O?Z2DC K,m~r~m F~CC.~ ~ l~ee 5~
Page 12 of 17
effect for its purpose. T'he,-efom, if, for any reason, any section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease or the al~lcatlon of this
Lease to any pemon or circumstance Is, to any extent, hell INegal, 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 circurnstancas other than those as to wtlld~ It Is held
~llega~ invalid, or unenforceable, will not be affected by bhe law or Judgment.
b. To the extent that any clause or pmvtelon is held Illegal, ira. slid, 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 slmller In terms to the
illegal, Invalid, or une.[urceable clause or provision as may be ~ and be legal,
valid, and enforceable, will be added to this Lease autornatlcally.
S~'tlon 44. Venue. Venue Ilas in Nueces County, Texas, where this lease was
entered Into and will be performed
Section 45. Entirety Claume. This Lease and the attachrne.~ and exhibits
,ncorpomted In~o this Lease corr~JbJte the errtlm agrearne~t between the City and
Lessee for the purpose granted. Ail othe~ agrearne,~b~, pmmisea, reo~4tetfo~s, and
understandings, oral or otherwise, with reference to the subject matter of this Lease,
~Jnless contained in this Lease are expreeah? revoked, as the parties Intend to provide
for a complete undembandlng within the provisions of this Lease and Its exhlb~ of the
terms, conditions, pmmlsas, and covana.b~ misting to Laseae's opamttons and the
Premises to be used in the operations.
Section 45. Binding t.em. It is further mutually understood and agreed that the
covenants and agmemen~ contained In the Lease, to be performed by the reepec'dve
oartles, are binding on the parties, and their reepactNe euccassom and asNgns.
Sec[;on 47. Acknowl~lgment. Each party expressly agrees that It has indepanderfdy
read and unde,~uod this Lease. By Leasee's execution of this Lease, Lessee
acknowledges and understands that this Lease is not binding on the City until properly
author~,:l by the City Council and executed by the Ctty Manager, or designee.
Page 13of 17
EXECU~EO ~N ~U~UC^~E Om~'.~.S o. ~ !i~;~y of {~,c~. 2o05.
B~: Presk:le~ '~, ;~rr~EE: C .O~...~ ~_..._._~SENIOR SOFTBALL A880CIATIO N
STATE OF TEXA~
COUNTY OFNUECES
Thlslnstr~.ment was acknowledged before me ~ ,- L,,.. I.% ,2005, by
-:.,~x~" _~1~-~ , President of Corpus Christi Sen~or Softball AssodaUon, a Texas
non~woffi association, on behalf of the associaUon.
Notary Pu-"bllc, State of Texas
Printed Name:___~
Seal'
ExphuUon Date: ~'~,'.~c 3
Page 14of 17
~;~OVED 22 July 2005
Doyle D. Curtis
Chief, Admln~[~,4Jve Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS ~
COUNTY OF NUECE~ § ,~.. ~
Thlslnstrumentwasacknowled~mmeon I'~'1~(~1'~ /~ ,2005, by
George K. Noe, City Manager of the City of Corpus'Christi, a Texas homc rule
Municipal Corporation, c~behalf of the corpo[u[~on.
Notary Public, State of Texas ~,~r'.& ~ ~ ~
Printed Name: ~%-~ .,,,,~,,.. ~oo~
ExpimtJon Date:
H J_EG ~
Page 15 of 17
EXHIBIT A2
DETAILED CONDR'IO~$ FOR USING PREI~ISE8
CITY OF CORPUS CHRIS'n, TEXAS
KIWANIS PARK ~OFTBALL COMPLEX LEASE & USE AGREEMENT
WITH THE CORPUS CHRISTI SENIOR ~OFTBALL A~8OCIAT1ON
This Exhibit A2 contains detailed conditions f~r using the Premises ('Pmml~e~'). This
ExhlbitA2 Is attached to and governed by, and the Pmml~e~ Is defined In, the K]wanl~
Park Softball Complex ~ and U~e Agreement between the City Of Corpus
Christi Texas and Corpus Christi Senior So~'~sll Assocla'don. ~,~7~
1. , ee~ee Beryl--,r~ Reem:~lbllitlee. ~.. ,~'~
l.l~e~bell. Annually Lessee will offer up to 3 8easeee o~ up to-~-gamee each and
playoffs u;~,-r each season. Softball will be offered at various different sldll levels.
~ may also hold toumamants with dates to be determined in conference with
Parl~ Director. Dates of the toumama.L~ must be requea~,d as soon as poeslble
each year. The Parks Director will Inform ~ as soon a8 dates have been
determined. All members of all teams playing on Lee~ee'a Premises must be
registered with a nafio~slly recognized softball organization. ~ may grant use
ngh~ for Lee~es'a Premises to nationally recognized softball organization
registered teams for pmcttce.
1.2City U~e. If ~ ia not using its Premises, City may use any or all of the area for
recreational purposes. The City reserves the right to accept tournament play at any
City so~'~.~all field at the rote schedu~ established by the Park and Recreetk~ Fee
Or0inance. These toumamenL~ will be indepeede~t of any tournament associated
w~[;, the regular adult league play.
1.3M-inten-m:~. I.e~aee must maintain the Premises. If I.e~aee fells to perform
maintenance tasks as scheduled, or falls to perform re~slrs In a timely manner, City
may do so and bill I.e~ee. ~ must pay City W~bL~ln 30 days alter Parlea
Dlrectm~s wH[ie~ demand. At a minimum, rnalntenance Includes:
a. Lessee shall pick up and properly dispose of litter on a dally besls whenever
the Premises am being used and weekly during the rest of the year,
Lessee shall keep the Premises (Including any buildings, permanent or
temporary) ope, u{ional and In good repair, Including, but not limited to, lining
the playing field, putting out and taking up the bases each evening,
maintaining the infield, and cleaning and mairrlainlng the Inferior of the
buildings and mstrooms.
Lessee shall keep safe and in good repair the bleachers; Lessee must repair
the bleachers within 4.8 hours after the need for repair Is, or should have
been discovered
Page 16 of 17
Lessee must Irnrnadlately report any vandalism to the Parka Director, or his
designee, and the Corpus Chdsti Police Depa~b~nt, Nueces County,
Texas;
e. Lessee must keep any parldng areas and access roads ;'f~e of debris,
pmparly designated, and free of potholes In accordance with ~ndards
issued by the Parka Director. Lessee must repair potholes using the
appropriate material, concrete or asphalt, within ten (10) worldng days after
the nccd for repair Is or should have been discovered;
f. Lessee must ensure that parking is confined to designated areas;
Lessee must maintain the Promises within the Lease boundary lines.
Lessee shall be responsible for maintaining the gross at e safe height not to
exccccl six (6) inches. Lessee will water the Promises, In compl, ance with
any effective drought plan.
1.4Reoi~tmtkxl, etc. Lessee will promote the program so that rite public is aware of
the organization's activities. ~ will conduct all regli~a[k)n, take all fees,
schedule all games, including makeup games and playoff games, and provide
trophies for the top team in each league.
1.5~11t1~. Where practical, as determined in the sole discretion of Par~/:l/rector,
~ must install and pay for its own utility meters and Lessee must have all
utility service providers bill ~ for all utilities. I.eaaee must promptly pay ell
utility bills so that none of those bills become delinquent. Lessee must pay for all
utilities, such as electricity, water, wastewater, solid west, and phone associated
with Its usage of the Premises. Electricity for field lights will be billed at the
establish~ fee of $8 00/hr for night games.
1.11Field Playability. The City reserves the right to cancel play at Premises when field
conditions, as determined by the Athletics Program Manager, may caues player
~nJury or damage to the Premises. Every effort will be made to dete,.Ine condltk3na
by 4:00 p.m. unless there is rain or other bad weuU~er after 4:00 p.m. In which case
the Athletic Supervisor will notify ~ as soon as the adverse conditions have
been determined.
1.TUmDIr~. I.ea~ee must provide and pay for umpires for each scheduled game.
1.8Comolalnt N~Jce. I..easee will post a notme at Premises, In a form approved by
the Park~ Director, that if any participant or spac/a~r has any complaints or
concerns they may contact the City at 880-3461 and talk to the Parka Director, or
designee.
2.1 Debt ~er~,,e. City will pay bond debt for Premises.
Page 17of 17
2.2M-Intenance. City will maintain the ames outside of the Premises dete,,,Ined by
thle lease.
2.3tam,tM Imm~wem~. City will fund capital Improvements determined by rite City
bhat am needed at its discretion
2.4 ~ Plrlort. Fo~ the Lease, the City's contact person Is tile Park~ Director.
LEGE.ND
EXHIBIT B
CORPUS CimLgrl SENIOR ~g)~! J, ,~,q.qOC-qATlON
Cerl~a ~ T~
CO~ON
AR'TIC~.~ ! -N~me
1'nh orpnt--*k,~, · -oe-preflt a~adnth~ ekd be known aa the COR.PI~
b~tkela~ '4 (fMthe-~-;.,,t.-Ll~..of'tJteC'CBBAoccordiqtotJt~edb,,...~,.e(
ART~O~ V-
1'ne CCSS~ shal toudu~ bedmss at m replar or cdtd meetiq u directed in the
~y prop(Mal oF pi:lr;~--k for al a[ :_~d' _--t to ftry part or ibe -~t~.~k IIIItbe
in ~ W tilt ~ at · r~ meet~ Two reldinp o~ the p~irIHd
ARTICLE VII- D' -I.~k-
o~ fu,. fbrflte pmltWt~of' keeplmG,f~'~otapB. 11mqeptmpkg~be l)S0
+; 2) SS 4.; :3) ~0 -~, ,&)dS +. Age.h-nb, "" '~" by t valid ddver's ~ ·
L
Ns-' -'k.-- fm- board members dud be ruf:dved dmbj the Ism moath ef the
mu"- it-- shd be bdd adbr the lit rupdsr semm pma
ARTICLE II1- TY, RMS OF OFFICE
l~e 'I~RM OF the prmkkat and vice-prmkk~t char be TWO (~) ~ Neither
Tim TERM OF TRE :~ ,~,~ nmi tremsr~' sk~ be THRI~ (3) ~ ~
Sec.! - EXECU'IT~ COMMITI'EE
b) He slmfl flsmbh a flnmm~ telm~ at all - '
pc k a,-__-, ~ tesetofboobo~ali-
wtthreconh, checkbook, and bas~..~ '
ORDE~ OF BI.mINESS AT REGULARLY SCH~DUI. m) MEETINGS
4
EXHIBIT C
Senior SoffhMI Coven=m.
2 EligiMIEyforMembMlhip: Membemhtpisopentoatlpersorm~eoundrnonalvaluee.
Memben~ will be ct~aified a~ 'act~w' ~laye~) m-~d in~c~v~ (a~p~wt~ and ~pon~or~).
Actrve members must provide proc~ of age.
30rganiz. ltlon
rnaink)nance, rules and play acheclul~g, and pubilc relations. Co.u,MIic3 chairmen will form
commitWee, at their crw::r~on from as~oci"'~n ~..Io asast in lx'ojec~ neceseary
31). Board electior~ w~l be held a(3mefime during the last qumler of eech year. Past~
membe~ and a~)rmltes can be re-eWcted. In event a board member ia no longer abm tD eerve.
b) In event m~ elecl~d board member can no longer serve, an altem~e will take It. place.
c) A board member can be im~ by 100~ vote 13y the ob'~' boa~l ~.
4. Intm~ Toproviclese~ic~me~,ov~'age50, achanceto~ina~organl:z~laol'd:~l
league in the city of Coq:xm ChriS.
5 Teanm: Teams must consist of twelve ptaye~. Leagues for play will civided inlo 50-54
(+50). 55-59(+55),60-64 (+60), and65+ agegraJ;m. Selec~ono~pia,/e~mustfoaowruIM
a) Eligibility - Playem mu~t have reached ~ flffie~ birthday ~ ~ ~
year or tt-le year itl wl'l~ I1~/Y~sh to play.
b) A player mu~ live v~hi~ one h~'~lred mlle~ of Cerpu. CI'~i~.
c) Playa~ can Itay in any ar~l all age groupe if m~:l ~ ~) pl~ym'
d) A player, ~ ~ k) play wi~ a teem, cannot ct'~mge tMnm un61 the end
,4mmx~lion.
~r hi~ team.
Team playem selected by draft of all eligible playem. Dralt order w~ be
a) Leegu~ ~ w~ll divided into +50, +60, +65 ~ graups. There ,,,~11 be
three (~ four. provided there is enough interest) see~:ms o1' play for each
age group during a calen(~ year. A double elirnina~n kxxnament will be
~egn::xsp. SeniorAseoci~on's wi~l~~arsf~-poataeason
play.
b) Every player, unless absent or irY~med, must bet at least one time d~tng a
game.
or after seven Innings, an ex~-a inning, or innings wll be I:~il~x:l. Each ~
oflhe extra inninos,~ll start with two outs. D~'lnothe~,x~= innings, each
m ^lx~amcan~rtplay~th nineormem~ I-Iowever, in event fewer
c)
subsequem I~n home runs, batter will be ree,e~led a one ba~e t~
f)
I~.
~ a team m, ~, play in a shirt of similig color wtlh mmimr ~ TI'is
sxcep~:~ shai ~ for ooe ~mne dudno each sessk~ of lesgus play tri~
play-off Games.
b) Balls - Each team shall finnish one new softbM (or 'like new', as approved by ~
umpire) ¢or each osme Ball must be ASA approved, red ~ilch, 0.47.
1~ ~irulrm ~<:hedu#Jf~x'+~O I ,IIBi~ - Tham~ be a aingle elimim~km k3m.~mer~for all
m m~ Fi~ ~ ~, F~ 14. ~~ ~n ~T~,
F~ 17, ~ I~ ~, ~ ~ ~ a ~ ~m~ ~ ~ ~ ~
~~ ~1. L~~~H ~~ ~ F~7.
Corpu~ Christi Senior 8oftb~ll A~ocl~on
Monday, Tueedey, and V~Jl~et,J f from 7:00 p.m. to 10:00 p.m.
I ce,-~ that th/a document ~ a true and conact co/W and/ms not
EX]'~IT D
I F~FF'8 LL*RII rTY INSU~
LMMe must ,-~ cemrnen~ work under t~kl agn)ement urWl In~tJ~r~ nKlUinKI hemin hal been ~ md luch
Insurance hm t)een el~X'oved by Ihe Clty. Lmme mm not Mow any m a)~JL, k) comrnence work untl d Mnkr
In au m .,,,~ required o~ the e,Ax:¢,, ¢0 %- hm been (H:dakled.
Leseee mum krn~ to h'm City'- R~X ~, (two) 2 cop~ c~ Ce~ica~ of Irm.ranc~ .bowing h'm fo&Mf~ mk~cm
coveraoo by rnsuramo ~per~s) accoplablo to t~e Cltys RJ~ Mm'urge'. The Clty mu=l be tiro'red m an adcaJa'ul Irmz~f
for mi IM311lty I)o4ides and n bMnkM w~h~e~ of su[xogaflrm ~ mqulnKI on M appGatie p(]lldei.
o/Ga/K:MIMJon roi' non p_~,,~- ~ ia requll'~l (m MI
:lJIl(* ' _
' 1. Commercial Form
4. ContractuM Llabl~
7. ~ ~u~
Lklmx'
MINmUM BISU~ANCE ~
Per occurm(ce I ~ggreglIe
S1.000,000 COMI~NEI) 81~ UMff
Ap~ ffl~ ~ m'~ on pmmbM
$1 ,ooo,o(~
C. In the even~ of ~a:tdena c~ any Idnd, LM~ee mu~t fumit lhe f~k Mi-agar ~lh mplel a' iI mportl of lud~ m ~
te~ (~ 0) days o~ the .cc~:Jent
Il. ADDITION~ I~:QUIF~FMFN'I'~
A. CarUflcme of Imrance:
* TheCayM'~Chrietl muir benemed man--' -i~u.- 'lflsm~dofllhokd31~cno~noe, m'tdiblmk~twuMr
* The nMne o1' lbo pro~ mu~t be Ibled unde~ 'De~ o~ O~'
* Atamln~um, a30.daywrll~mnetk~ofmMerlalcMnga,~,¢ . · C;norWmlni~na,xlolOday
'.'dllan ~ of (.-,~, ~tkm fa' non-paymeflt tu required.
ff u~e C~lllc~ o~ In~w~.__ en b fac~ do~ no~ .ho~ the m of lhe CO~lge r~lulmd by Irma 1.B (1~, m
authorb~l ~ ~ ~ ~ m~ ~ ~ ~ ~~ ~ ~ 1.B. (1~ ~