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HomeMy WebLinkAboutC2007-046 - 2/13/2007 - ApprovedPage 1 of 15 BILL WITT PARK YOUTH SOCCER COMPLEX LEASE ~ USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND PADRE SOCCER LEAGUE STATE OF TEXAS '3 KNOW ALL BY THESE PRESENTS COUNTY OF NUECES This lease is entered into by ana between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation acting through its duly authorized City Manager, or the Csty Managers designee. and PADRE SOCCER LEAGUE ("Lessee"), a Texas nonprofit association Corpus Christ... Texas. operating for the purpose of providing youth soe:cer programs `or the c~~izens of Corpus Christi, acting through its duly asathori~ e ;~ President Section 1, Definitions. For tht~ pur~;~oses of this Lease Cr`ty means the City :~f C-~rp~s Christi. Nueces County; Texas, a home rule ~~~~nicipal corporation City Council means the ~;ity C;ouncii of the City. City Manager means the City Manager of the City or the City Manager's tesignee Director means the City s Director of Parks and Recreation. Engineering Services Director means the City s Director of Engineering ~enrices Holdover Period means any period of time in which the Lessee remains in the Pr~jmises after the expiration of the original term of this Lease and continues to f,rovide consideration in I~eu of paying rent to the City under the terms of this ir,~;se_ Improvements means b~.!Idings and other structures located on the Premises. Lease means this document. including ali attachments and exhibits that are raferred tc ~n this document Lessee means PADRE SOCCER LEAGUE, a Texas nonprofit association, ~:o pus Christi Texas 2007-046 02/13/07 ion means the City's Parks and Recreation Department. Ord0?714~ ~Padrt° Sorcer i,ea~t~e Page 2 of 15 parks and Recreation Director means the City's Director of Parks and Recreation o~ that Direc}~r ~ designee Premises mear~ Bill Wit' Youth Soccer Complex as shown on the attached hawing Exhibit Al together with ail improvements Regular hours of operation means the regularly scheduled hours of Lessee's ~ P,ratlOr Rrsk Manager means thE- City s Director of Risk Management or that Director's esignee Sign means any signs, advertisements notices, or other lettering that are .xhibited ~rscribed, pair±ed. erected. or affixed on or about the Premises, or any art of the Premises Section ~. Purpose. ~~he ourpc,se of this Lease.. between the City and Lessee, is to enable i_E~ssee to provide youth soccer programs for the citizens of Corpus Christi. Lessee nay not operate the Leased Premises for any other purpose without the prior ~,~ritten approval cf the C'~irec;tor Section 3. Leased Premises. the leased Premises is in the Bill Witt Youth Soccer Complex as showy on the Grawir~g attached as Exhibit A1, 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 r~onditions in this lease. The detailed conditions for using the i_. eased Premises are contained in the attached Exhibit A2. Exhibit A2 may be amended as after as necessary upon mutual agreement by the Parks and Recreation 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 pnv3leges granted Lessee in and to the ~_eased Premises are subject to all covenants-. conditions, restrictions, and exceptions of record cr apparent Nothing contained in this ~_ease may be construed to imply the 011n}vey~:n:~e to Lessee o` rights +r the Leased Premises that exceed those owned by Jtlttl Section 6. Term. The :;ity leases the Premises.. subject to all terms and conditions of this Lease. to the Lessee for a period of five 5j years subject, however, to the right of either party to cancel this Lease by giving thirty (30) days written notice to the other party, unless soor:er terminated under Section 31 This Lease begins on the 61st day after final Council approval. a. Lessee may continue to occupy the Premises after the expiration of this Lease on a n-onth-to-month tenancy if the Lessee continues to provide consideration in lieu of paysng monthly rent as required by this Lease and upon the same terms and conditions as set out 'r this lease OF 2C _~~~: ' ac~ec~oc ~ ease Use ~ ~ -~=..r-,~ Page 3 of 15 b. T~~ae Holdover Period maG not exceed six months in length. ~:. _t e City Manager has thy, ak,~solute right to terminate the month-to-month er=~n :y with c~~ ~~.vith;?ut sausF~ u~c~n thirty ~ 3i~? days written notice to Lessee. Section ?. Abandonment of Leased Premises. If the Lessee abandons the Leased premises or i{ the '~_essee fails t~ take possession of the Leased Premises within ten days of}e°~ commencement of the term of this Lease. then this Lease shall terminate a._;tomati,:,ally and ~;ity Manager may take immediate possession of the Leased Premise. "Abandoned means that the Leased Premises become vacant or deserted for r~ con'~nuous K enod ~:~f thirt~.~ 30! rays Section 8. Cessation of Use. a. `° [_essee fo~~ any reason::eases to use the Leased Premises for the purposes ~pec~if!ed in Section ~ Lessee has the right during the first year following the cessation of :.ise to terminate this tease by written notice to the City Manager. b. `he wntter notice of termination must be given at least three (3) months prior to the effective date of termination c. I' t~~e cessation at use occurs and continues for one year or longer, and Lessee does ~~~ot exercise the right tc terminate this Lease, then the City may terminate this Lease by giving Lessee at least one ~ 1 j months notice prior to the effective termination date cs. t assee s obligation to pro~•ide consideration in lieu of paying rent ceases upon term nation. bra no cc~nsideratior provided prior to termination will be refunded. e. C'ur~ng any cessation of use, `essee must maintain and regulate the use and occupancy of the Leased Premises at Lessees expense as specified in Sections 2, 4 2~` ?4, 28. and 29 Upon termination or expiration of the Lease, the Lessee must, if requested ~n ;r~riting by the i-)irector. remove the race track from the Leased Premises under Section ~2e Section 9, Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee ~s expressly conditioned on the anderstarding that the Premises must be surrendered, upon the expiration, termination, ~r cancellation of th ~s Lease in as good a condition as received, reasonable use and wear acts. of God `ire ar'd flood damage or destruction where Lessee is without fault, exceote:-: Section 10. Lease Consideration. For and ~n consideration of the rights and privileges granted in this lease, grid in lieu of lease payments to the City, Lessee must ~;onstruct, maintain., and operate a public youth soccer program on the Premises. Further. Lessee must maintain the Premises by mowing, collecting litter, etc. as shown -~ the attached Exhibit "A2" and as directed in writing by the Director. J6 ZU ~:~: ~-ad•e~ac ~; e_~se Use ~ ~ -~=grit :; Page 4 of 15 Section 11. Articles of Incorporation, Bylaws, and Membership and User Requirements; Hours and Terms of Operation; Lessee Responsible for Activities. a. Articles of Incorporation, etc. Attached as Exhibit B is a certified copy of ~_essFe's Art~c~es of inccrporatior Bylaws, and Membership and User i-Zega 3~ements Attac~~ed as Exhibit C is a certified copy of Lessee's Schedule of ~~ct~vitGes, Hzcc.r~ and Terms ;;f G~eratior7 and Membership and User Fees. t~ler~~kership and User Requirements and Fees must be reasonable so that the t'reriyses and improvements are reasonably available for use by the public. Exhibits B and C are collectively referred to as `operation documents." Lessee may not ~~ake any change it the ong~~ials :~f any of these operation documents without ria v~ritten cc>rser.t of the D rector. The written consent and certified copies of the revlse:~ operation documents rntist be attached to this lease as Exhibits. b. Lessee responsible for activities on Premises. Notwithstanding any right of City ~c inspect or approve ar, improvement or activity under this lease, Lessee ~,:ovenants that ;t and its members are solely and exclusively responsible for all actrv~t~es on the Premises arri have control of the Premises: that the City has no r~sp:~~sibilit~,~ for safety ~~f. or ar~~. activity on the Premises; and that Lessee shall not raly ,~• any City inspector; o~ action Lessee ~s solely responsible for the safety of all dcti~ites on the Premises Section ~ 2. Alterations. a. I_ essee may not make any alterations, additions, or improvements to, in, on, or abort the Premises uvithout the prior written consent of the Director. Lessee must also ootair clearance from the Risk Manager as required by Section 29.f. of this Lease b. I__assee if directed by the Director, must construct and maintain screening or othef safety barriers to ensure, tc the extent reasonable, that soccer balls are confined tc the orem~ses c. Prig to maK ng any alterations additions. or improvements to; in, on, or about ±he rremises i_assee must srabmit the plans and specifications for the alterations, addit~c~ns, or improvements tc: the Parks and Recreation Director, and Engineering Seri ci,s Director for ~~eview and written consent d. I~ tree Parks and Recreation Director and Engineering Services Director consent to, and the Risk Manager grants clearance for, the alterations, additions, or mpravements. the Lessee shall obtain ail required permits for the construction; and the construction is subject to inspection by the Parks and Recreation Director, Engineering Services Director C;ty's Building official, and their designated representatives e. AEI approved alterations, inprovements. and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any tarminatior or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually 36 2. ~a~=v~~cP ~ .~eUse.,,-=yr.. Page 5 of 15 and financ~all~,f responsible for repairing any and all damage caused by the removal. f it~~n s are installed in a ma~~ner that they become fixtures. the fixtures may not be ~en- ~ ,ed by _=ssee _apc n ter rirat!on anc become the property of the City. Section 13. Taxes, Assessments. Licenses, and Fees. a. essee must pay in full .nor to each respective due date, all taxes, assessments. licenses, and `ees required by the Lessee's use of the Leased ~'rem,ses; this ncludes but ~~ not limited to, any ad valorem taxes, personal property taxes. and sales taxes. that could be assessed against the Leased I're~~ ses and any buildings. mprovements. or fixtures appurtenant to the Leased ~'rern ses b. !..essee co~~enants to pay ir;uii prior to each respective due date, payroll taxes, Mericare taxes. FIGS taxes. unemployment taxes, and all other related taxes acc~r~ing tc C:i~cula~ E Employer s Tax Guide, publication 15, as it may be amen fed. c:. ~ essee must provide proof of payment of all taxes within 30 days after Director requests proof ~f payment failure to pay or provide proof of payment is grounds to terryinate this Lease Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of the amity during the term ~f this L~>ase and including during any Holdover Period that may oc~::~. Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materia~rr~an's lien tax lien or ar`y other lien to become attached to the Leased Premises or any part or parcel ref the teased Premises. or the improvements on the _eased Premises because of a!~y work or labor performed by any mechanic, materials fiurnshed by any materialman. o~ any other reason. Section 16. Assignment and Subleasing. a. I_. essee may not assign or encumber this lease, without the prior written consent cif the City Manager .Any assignment or sublease must be approved in advance by the ~::;ity Manager, wr~ch approval will not be unreasonab{y withheld. b. Up=gin app~o~~~a( 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 ass~c;ree covenants to assume ail obligations and duties of Lessee of this Lease. c. ~n~;~ attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void d. An assignment of the Lease r;nder the same terms and conditions is not an amendment of the Lease of ~~' ~ acre~~e ~ F-~se.Us~ -~,g~r Page 6 of 15 e. 1=ach provision term. covenant. obligation: and condition required to be L?er*o; reed b~~~ '_essee must be binding upon any assignee, and is partial on~iceraticr ~;~~r C;t~u s consent tc *he assignment f, ~•,r y failure cf assignee tc strictly comply with each provision, term, covenant, ~~blic;at~on anr~ ~~ond!tior in th+s lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. r_essee may not exhibit, irscnbe. paint, erect, or affix any sign at, on, or about the Premises, or eny part of this i.ease without the prior written approval of the Director. b. ~ he City rr;av require Lessee t.:~ remove. repaint, or repair any Signs allowed. If Lessee does rot remove repaint or repair the Signs within ten (10) days of the C)ire~t~r's written demand. thE~ C!ty may elect to terminate this Lease after ten (10) rays, written no~~ce tc Lessee Alternatively. the City may do or cause the work to be oonF-, and Lessee shall pay t~~e t~tv's costs within thirty (30) days of receipt of the 1=~ire ;t pr's invo!c:e If paymen~ ~s nct timely made, the City may terminate this Lease upon fQr, (1 C`~ ~ ~1ays written notice tc Lessee. c. Lessee mast post the Premises with signs warning that it is a soccer field and no trespassing ~s allowe~:~ -The Director shat! approve the wording on the signs and shall oete~mine the placerY?ent of tt,e signs Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall ~cmply w!th all Federal State, and local laws. ordinances, rules, and regulations appl~cablr= to Lessee's operation ~f the Premises and Lessee's performance under this _ease. T-,is Lease is also subject tc applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not '~iscrimmate nor permit d!scrimination against any person or group of persons, with regard tr> employment ar~d the prw~sinn of services at, on, or in the Premises, on the grounds c~ race re+~gior nationa~ or~gwn, manta) status. sex. age, disability, or in any manner p~ohibite.~ icy the Taws o* the l.lnited States or the State of Texas. The City ~Fereby reserves *hF: nght to take 'he action as the United States may direct to enforce -his ~;ovt~rant. Section 20. Drug Policy, Lessee r?~ust adopt a Drug Free Workplace and drug testing ac;~licy tha} substantially ~~onforms to the City~s policy Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hir!ng policy that substantially conforms to the City's policy. Section 22. Maintenance. Lessee shall maintain the Leased Premises and alf mprovements in good and safe condition during the Lease term. )6 2: „ ~-ac~re~ oc -` e-~se.U~r ~ •,:'~urit ~; Page 7 of 15 Section 23. Furniture. Fixtures, and Equipment. a, ° ~~ understand tr-at _essr~e s responsible for furnishing and equipping the ~'re~ ~~5es an~~ treat the City his r ~ ~bligat on to furnish any equipment or furnishings cur i essee b. -'=.1! persona! property and trade fixtures furnished by or on behalf of Lessee remai{~ the property ~?f the Lessee unless the personal property and trade fixtures are ~pecificall~, donated to th=:} City during the term of this Lease or any Holdover F'erE~_~x_: c. .The Director retains the right tc approve al! furnishings and fixtures that may be installed in the Premises. during the term of this Lease and any Holdover Period, trio t:~ instal!at on Section 24. Utilities. Lessee n ust pay for all utilities used by it on the Premises or used by any other activ~t!es sponsored by the Lessee on the Premises. Section 25. City's Right of Inspection. Any officer or authorized employee of the City may ente upon the Premises, at all reasonable times and without notice, to determine whether l essee !s providing mair+tenance in accordance with and as required by section 2_% or for any other purpose incidental tc the City's retained rights of and in the premises Section 26. Director's Right to Access Premises in Emergency. a, l_e~see shale prov!de the C'>irector with keys to the Premises, and a current list of name4 any' phone numbers. +~r Gase by the Director, in the event of an emergency. b. ~ he Director has the right to enter the premises during the regular hours of operat?on or at anytime in an emergency Section 27. City Use. "he City retains the right to use or cross the Premises with at~lity line and easements. City -may exercise these rights without compensation to '_essee 'or damages to the F'rem~ses from installing, maintaining, repairing, or removing `he utilit~,r rues and easements {:;ity must use reasonable judgment in locating the utility sees arrj ~asemer~ts to r~~irimize damage to t'~e 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 toss or damage of any other kind whatsoever, to ~E Z_ ~Cra~ CSC' EySP. USe r alp. Page 8 of 15 the extent any injury. damage, or loss maybe incident to, arise out of, be caused by. or be in any way connected with, either proximately or remotely, wholly or in part.. (,) 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; f3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, 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 Indemnitees, 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 Indemnitees, 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 litigation 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. _~ssee stall secure aria maintain at t._essee's expense, during the term of this Leese. insurarce of the type anal with the amount of coverage shown on the attached Exhibit D which is incorporated in this Lease by reference. Lessee shall use an insurarce company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requ~~-ements showy on Exhibit D constitutes grounds for termination of this Lease. b. rF~e Certifie;ate G: Insurance must be sent to the Risk Manager prior to occupancy of and operatons at the Premises. The Certificate of Insurance must provide that the ~;qty will 'gave thirty ~ 30> ^ays advance written notice of cancellation, intent to not renew. mater~a! change.. or termination of any coverage required in this Lease. Page 9 of 15 c. i_essee shah provide.. durong the term of this Lease, copies of all insurance r~oli~:;ies to the Risk Manager ,apon written request by the City Manager. d. , r e Risk Manager retains the eight to annr.~ally review the amount and types of ns~.r~:nce mairtamer by Lessee fo requre increased coverage limits, if necessary n tie merest ti pubic "ealti~, safety. or welfare. and to decrease coverage, if so ~.var~a"ted ~~~ tie event of dry r~e~~essary ancrease, Lessee must receive thirty (30) ~iay~ ^rritten ~~tice p"io!" to th ~ effective date ~7f the requirement to obtain increased ;over-age. e. - ~~icohoi~C beverages are served on or in any Premises covered by this Lease, the i_essee shah additionally obtain or cause to be obtained alcoholic beverage ab~iifi~~ insurance ~n the amo~ nt of one million dollars ($1,000,000.00) covering the evert cr time period when alr~ohnikc beverages are to be served. f _ essee snail prior to any ~ddit~on or alteration to, in, on, or about the Premises, cbtair prier c~earance it writing. from the Risk Manager that the proposed addition *,r alteration w~l' not necessitate a ~:~hange or modification in the existing insurance r.over~~ge rra~rta~ned by Lessee -This clearance is in addition to the prior consent raqufr~~d by Section ~2(a; of this lease Section 30. Default. The follo~~ing events Constitute default under this Lease: +?) Fa lure to ~r~wede consideration in Ilea of paying rent or failure to make other payments und~~ this ~_ease i?) Failure to pay utilities befr,re the due date { 3) t-a~iure tc perform schedu~ed maintenance (•~) ~?bandonment of the aremises i5) Failure to mainta;r~ any insurance coverages required in this lease. (h) Fa~iure to timely pay City's invoice for the removal. repainting, or repair of any Signs at the Premises ') Fa~~ure tc Keep, perform and observe any other promises, covenants and cond~t~ons contained ~n this Lease Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any evert of default, the City may, at its option, in addition to any other remedy or right given .ender this Lease c:~r by law- !;')Give notice to Lessee that this Lease terminates upon the date specified in the notice which date will be nc 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 OE L: l' 3C'ir.3;.OC E' ~SC'.US , ~ f -,~~f_}• Page 10 of 15 notrce issued under ~~aw the ,amity may enter into and upon the Leased Premises and ~~etakt~ possession. ry legal proceedings or otherwise, expel Lessee and anyone 41air-~ rig througP} or , rider Le°~see remove Lessees or a claimant's goods and ~ffe:a:~ fore r;i f ne essar~ ar. ~ store the goods in the name and at the expense of _es,;E, Section 32. Enforcement Costs. !f the Crty files any legal action or proceeding to repossess the Premises ccllect`he lease payment(s) due under this Lease, collect for any damages to the Premises- c~ tc enforce in any other way the provisions of this i-ease _~~ssee agrees tc pay al! ~o~,r~ costs and expenses and the sum that a court of competart jurisdiction adjudges _~s reasonable attorneys' fees in the action or proceeding. or +r an appeal if a udgment is rendered in favor of the City. Section 33. Modifications. Nc provision of this Lease may be changed, modified, or ,~ai~4~ed unless the change. modification. or waiver is made in writing and signed by persons ~~uthorizec to sign agreements on behalf of each party. Section 34. Contact PersonlLease Administrator. For this Lease, the City's contact person and lease administrator ~~ the Director. Section 35. Notice. a. rll notices, demands regi;ests or replies provided for or permitted under this !..ease by either party must be in writing and must be delivered by one of the follo~,v~ng meth^~ds !~ by personal delivery: (ii) by deposit with the United States Postal Service as certified or ~~egrstered mail. return receipt requested, postage prepaid; (iii~;~ by~ ~~repaid telegr~n~~ (iv) by deposit with an overnight express delivery sere c~-~ for which service has been prepaid: or (v) by fax transmission. b. Notice deposited witr the United States Postal Service in the manner described above will be aeemed 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 > lousiness day after transmission to the telegraph company or overnight expres~5 carder Notice by fax transmission will be deemed effec-ai~~,~e upon. transmrssion w+th proof of delivery. c. NII the comn~unrcations mast only be made to the following: IF TO CITY: Citr of Corpus Christi Parks and Recreation Dept. P (=) Box 9?'7 Corpus Christi. TX 78469-a2i i ~atn Director of Parks & Recreation ( "j61) 880-364 IF TO LESSEE: Mario Alaniz, President PADRE SOCCER LEAGUE PO BOX 270453 Corpus Christi, Texas 78467 ~~361'.. 993-5731 OE ~1~ .., ac~e~,oc _F ~se.Use ~-;grrt , Page 11 of 15 d. Either party may change the address to which notice is sent by using a method yet ~~-t in subsection (a1 of this seotion Lessee shall notify the City of an address ha ire with<<~ ter•~ ~ " )~, days ~.~fter the address is changed Section 36. Force Majeure. N~., party to this Lease shall be liable for delays or failures r perfcrrx~ance u~= to a~,y cause beyond the party's control including, without limitation, any de~a~Y s or fa,u.1 ~es in perforrr~anc:e causes by strikes. lock outs, fires, acts of God or the ;~ut~!i; enem~~ ::omn~on carr,er. Severe inclement weather, riots or interference by ~',!~lfi or °~ itarv a ~*horities. The :relays or failures to perform extend the period of perforn-a~1ce urtl ±hese exigences have been removed. The Lessee shall inform the ity in °~vr~ting of proof o{ the force ma~eure wah~n three (3) business days or otherwise ~vai~~e t"i~ right a~ a defF~nse Section 37. Relationship of Parties. This i_ease establishes alandlord/tenant relationship, and ~ ~ other relationsh,K This i_ease must be construed conclusively in favor o+ that relationship Ir per~ormir~g this l ease, the City and Lessee will each act in ar•• ~ndivciual capacity and not a~ agents. representatives, employees, employers, partners, eoint-venturers or associates of one another. The employees or agents of either pa!#y may rcpt be nor be :construed tc: ire. the employees or agents of the other part/ fc:° .ny pure: `e Section 38. Not for Benefit of Third Parties. T"his Lease ~s only for the benefit of the City an=-= Lessee and n~~ third party has any rights or claims under this Lease or against . *he ~It\ Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related c?rdinancF~ as required by the City's Charter, in the legal section :~f the Ir~c.al newsp,aper_ Section 40. Interpretation. This i_ease shall be interpreted according to the Texas aws that govern the interpretation of contracts. `~.lenue lies rn Nueces County, Texas. where this Lease ;~~as entered in*o and will be performed. Section 41. Survival of Terms. Termination or expiration of this Lease for any reason goes not release ether party fror-~ any liabilities or obligations under this Lease that (a) she par*~es have expressly agreed saYvive any the termination or expiration; (b) remain tc be performed {~,. ~ci `,y their r::~ture mould de untended to be applicable following the terminatic n or expiration of phis i_ ea~F Section 42. Captions. The captions utilized in this Lease are for convenience only and do ~, ~t in any gray ±imit or an pli+y the terms c;r provisions of this Lease. Section 43. Severability. a. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision r.lause, provision phrase. or word of this Lease be given full force and effect for its purpose Therefore. ~f 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 am,~ extent. held illegal, invalid, or 0~ Jam' .=~~ 'a~1w~ gar _: ase UsE• n Page 12 of 15 unenforceable _;nder present or suture law or by a final judgment of a court of :ompetent jurfsdicticn then the remainder of this Lease. or the application of the Bern r pro°vi~v n to ~ ersons ~r ~;r ,umstances other than those as to which it is held lec:~ !nva!i ~ .;r .anr nforcea.7le ~~ill not k~e affected by the law orjudgment. b. c the extent that an cia. se c~r provision ~s held illegal.. invalid, or unenforceable ndF:~r present c;r fut~.re law e~fiecti e during the term of this Lease, then the remai=~der of t~~s Lease is ncr affe~tited. ar~d rn lieu of any illegal, invalid, or ~-ner~f~~rceable ,leuse or prov sicn a clause or provision, as similar in terms to the ,'leg~31 invaiic ~>r unenforceable lause or provision as may be possible and be legal, °~alic :and en~~ rreabie, will b~ added to this Lease automatically. Section 44. Venue. Venue lies in NE~~eces County Texas. where this lease was entered into and ~°r ~l be r~erformGd Section 45. Entirety Clause. f his Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee *c~r the parpose granted Ail other agreements, promises, representations, and understandings oral or ;~therwisF~, with reference to the subject matter of this Lease, un:iess _:cntained :r this _ease are expressly revoked, as the parties intend to provide `or a complete understanding within the provisions of this Lease and its exhibits of the Terms, ~~o~ditions. promises ana covenants relating to Lessee's operations and the ?remises to be ~~sed in t`,e operat,o~~ Section 46. Binding Lease. !t s {anther mutually understood and agreed that the =;ovenants and agreements contained in the Lease, to be performed by the respective oartfes are bindin on the pafies and their respective successors and assigns. Section 47. Acknowledgment Each party expressly agrees that it has independently :lead ar~~i .~nderstcod then Lease By essee's execution of this Lease, Lessee acknowledges ar~r understands 'hat this Lease is not binding on the City until properly ~uthorizect by the ~ cun~i and ekecrted by the City Manager or by his designee. EXECUTED IN DUPLICATE ORIGINALS on the ~ day of ~' ~ , 2006 ATTESTS CITY F CORPUS CHRISTI Armando Ghapa G rge K. Noe .,ity Sep: rF~tary City Manager A~ROV,E,D 20 ! October 2006 a oyle L~ _,u ~s :thief, A.dministratwe Law Sectic~~ Senor ,=assistant pity Attorney ~Qr r:;ity Attorney AbTMORIZt~ SEf;~FTA OE 2 ~i a~:,re~7oc -~.~se1sE r+gmt . ., Page 13 of 15 STATE OF TEXAS COUNTY OF NUECES ~ _- his irstrumert ,vas aUKncwlecgea before me on .-~~~``-~'- ~L~ t ~ , 200, by ~-George K Noe .!ty Manager. ~~r h,s designee _ , ~ cf the City of Corpus Christi, a Texas home-rule Pvlunic!paI Ccrpo~atior ~n ~eha f o` the coreorat~on ~~ PY P - ~ _......- ~r ~~ c~ ~, ~ nn~e -arks ~ q z -{Y- ~ v1v i',pnv igs~on Exp+rSS ~ : .~ ~~ ~°~'~ ~ (~'~ ~? '',~ 1~. ~~~'~~ +r J vembf_: 09, 200' l,• 1, ~"~~ 1 ~ of r, - _____~r....--r.-.-~-- Notary Public State of Texas Printer Name. Expiratic n Date .nnr~n LESSEE: PADRE SOCCER LEAGUE ~'' NotaryPubUc * ~ ' State of Texas My Comm. Exp. 0306/2008 Mari~;~ Al~niz. President STATE OF TEXAS COUNTY OF NUECES T his ir;strument was acKnowleGgea before me on'~ti1~. . ~~b~-~ ~% , 2006, by Mario tiianiz. President of PADRE SOCCER LEAGUE, a exas nonprofit association, c,n behaRf of the association 't _'~~_ Notary Public. State of Texas Printer: Name. ~ _ r:.,,u-- Expiration Date -' ~ ~~~ ::C_ ~a~r>So r~ aase U~.: .'rAgr-. ~o~ Page 14 of 15 EXHIBIT A-2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS BILL WITT YOUTH SOCCER COMPLEX LEASE 8~ USE AGREEMENT WITH THE PADRE SOCCER LEAGUE ~~s Ex~~hit Ac ccrztains detaile~7 conditions for using the Premises ('Premises") defines it and Es attached to arch governed by. the CITY OF CORPUS CHRISTI, TEXAS Lease and Use Agreement with PADRE SOCCER LEAGUE 1, Lessee Services and Responsibilities 1,1 Soccer. Annually Lessee w~i offer a season of youth soccer. Soccer will be offered to ages 5 through 18 Lessee mat also hold tournaments with dates to be determined in : onference with Parks and Recreation Director. Dates of the tournaments m=_~st be requested as soon as possible each year. The Parks and Recreation Director will inform Lessee as soon as dates have been determined. All rnemk;ers of air teams playinc or Lessee's Premises must be registered with a ati~.:nally recc~gnizec sports ..organization Lessee may grant use rights for Lessee's ~'rer-n~ses to r~at~onaily recognized sports organization registered teams for practice. 1,2City Use. if Lessee ~s not wing its Premises City may use any or all of the area for recreational prarpose~ she ;';ity reserves the right to accept tournament play at any ~;ity snorts f~el.~t at thfJ rate sr_.neduie established by the Parks and Recreation Fee ': 7 rd n ~ n ce '1.3Maintenance Lessee must maintain tl-e Premises. If Lessee fails to perform maintenance tasks as sched~~<led ~r fails to perform repairs in a timely manner, City mad; do sc and bill Lessee Lessee must pay City within 30 days after Parks and Recreation Director's writte~~ demand. :tit a minimum. maintenance includes: a Lessee shah pick u~ .~nc~ ~roper~y dispose of litter on a daily basis whenever the Qr=rn~ses are be~~ig _ised and weekly during the rest of the year; b Lessee shad keep th~~~ Premises (=ncluding any buildings, permanent or temporary; ~_.peratiorai and in goad repair; including, but not limited to, the Bocce- `ield~ irr gaticr systems and fair weather parking area. c Lessee must rmmed~atery report any vandalism to the Parks and Recreation Director or his designee. and the Corpus Christi Police Department Nueces Ccur~ty. Texas: d. Lessee must keep safe arjd in good repair the bleachers; Lessee must repair the bleachers .vithin 48 hours after the need for repair is, or should have been d~scavere~~ e Lessee must keep dry parking areas and access roads free of debris, properly designated and free of potholes in accordance with standards issued by the Parks and Recreation Director. Lessee must repair Page 15 of 15 pot'~~les using the appropriate material, concrete or asphalt, within ten (10) world--gig dais after 'he reed for repair is or should have been discovered; ~. Lessee m~i5t ens~~-' tl-at parking .s ,confined to designated areas; 9• Lessee must r~aintair tie Premises within the Lease boundary lines. l essee shad be responsible fog- ma!ntaining the grass at a safe height not to exceed s!x 6 inches ;_essee will water the Premises; in compliance with any e~ecti~Je drought plan h, lessee must provide portable toilets for public use whenever the Premises are being uses for +eague activity. The portable toilets must be serviced and san,t!~_.ed at least erne a week or as often as the circumstances require as determined by the Parks and Recreation Director. 1.4 Registration, etc. Lessee will promote the program so that the public is aware of the crganizat~an s activities Lessee w!II conduct all registration, take all fees, scredule all games includir:g makeup games and playoff games, and provide tro~7t~~!es for the top team in each league 1,5Utilitiies. Lessee must pay for all utilities. such as electricity. water, wastewater. anry solid waste bills associated with its usage of the Premises. Lessee must pay for all its phane t7<lls 1.6Gfficials. Lessee rT~ust provide officials (referees, umpires) for each scheduled gamy 1,7 Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks and Recreation Director, that if any participant or spectator has any or'~l~laints cr concerns they may contact the City at 880-3460 and talk to the Parks and Recreation Director. ~~- designee. 2- City Responsibilities. 2.1 Debt Service. City will pay pond debt tar Premises. 2.2 Maintenance. City will maintain the areas outside of the Premises determined by this lease 2.3Gapital Improvements. C;t~ w!II fund capital improvements determined by the City that are needed at its discrvtian 2.4 Contact Person. for the lease, the City's contact person is the Parks and Recreation Director. C~ ,n~.: ~a~r~Sc~ ~f ease Usr 'A~r~r ,~~c