HomeMy WebLinkAboutC2007-497 - 10/16/2007 - ApprovedBALL FIELD LEASE AGREEMENT
by and hefween
THE BOARD OI+" >~tEGENTS OF
. THE 'TEXAS A&M UNIVERSITY SYSTEM
and
THE CITY OF CORPUS CHRISTI, TEXAS
This Ball field Lease Agreement ("Lease"} is by rind between THE BOARD OF
REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, Lessor (hereafter "TAMUS"),
an agency of the State of Texas, on behalf of Texas A&M University-Corpus Christi ("A&M-
CORPUS CHRISTI"), and THE CI'T'Y OF CORPUS CHRISTI, Lessee (hereafter "CORPUS
CHRISTI"}.
ARTICLE I
PURPOSE
1.01 Demise. TAMUS, in consideration of the rents, covenants and agreements set forth in
this Lease, leases and demises to CORPUS CHRISTI certain rights, licenses anal
privileges relating to the use of 41.58 acres of land in Carpus Christi, Nueces County,
Texas (the "Leased Premises"} as shown on Exhibit "A", attached to this Lease and
incorporated for all purposes.
1.02 Quiet Enjoyment. TAMUS agrees that CORPUS CHRISTI, upon paying the rent and
performing all the covenants and conditions required Lit' CORPUS CHRISTI under this
Lease, may lawfully and quietly occupy the Leased Premises, during the term of this
Lease, without hindrance or molestation by TAMUS or any persons claiming through or
under TAMUS.
TAMUS reserves the right, at reasonable times and upon prior notice to CORPUS
CHRISTI, to enter and inspect the Leased Premises.
1.a3 Improvements. .r~ny ball field or other recreational improvements placed or constructed
by CORPUS CI'~Ir1STI on the Leased Premises,-will be considered personal property of
CORPUS CHI+;ISTI, regardless of whether affixed to the real property or not, and
o~mership will remain in CORPLTS~ CHRISTI during tl-:is Lease. CORPUS CHRISTI`S
use of such improvements on the Leased 1'rem.ities is s?lb~~et to the following:
A. Any and all improvements or Structures constructed by CO1~I'US CHRISTI on
the Leased Premises are to be used in a maruxer c~Unsistent with the usage of the
Leased Premises as a recreation area. Any other use must have prior written
authorizaticm from TAMUS,
2007-497
Ord. a27451
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B. CORPUS CHRISTI may remove any improvements from the site; however, any
improvements that remain on the site upon the expiration of the lease will be the
property of TAMUS.
ARTICLE 2
USE RESTRICTIONS
CORPUS CHRISTI shall use the Leased Premises only as a recreation area and for no other
purpose. CORPUS CHRISTI will not use the Leased Premises in any manner that would cause
damage to the Leased Premises including the discharge of any hazardous waste (as defined by
any applicable federal and state law or regulation).
ARTICLE 3
TERM
The term of this Lease (the "Fixed Term") shall be for five {5} years and will commence on
March 24, 2008 (the "Commencement Date") and expire on August 31, 2013, unless extended or
terminated sooner pursuant to this Lease.
ARTICLE 4
CONSIDERATION AND FEES
Consideration. As consideration for this Lease, CORPUS CHRISTI agrees to pay TAMUS,
ONE DOLLAR ($1.00) annually during the term of this Lease, payable at the address specified
in Section 10.01 of this Lease. The annual rent payments are due on the Commencement Date
and each anniversary date thereafter.
ARTICLE 5
RIGHTS AND DUTIES OF TAMUS
5.41 Authority to Lease. TAMUS represents to CORPUS CHRISTI that:
A. TAMUS is the vested owner(s) of marketable title to the Leased Premises, subject
to any and all covenants, conditions, restrictions, and easements of recoxd;
B. TAMUS has the authority to enter into this Lease; and
C. The individual executing this Lease is the authorized officer, representative, or
agent of TAMUS and has the authority to bind TAMUS to this Lease.
5.02 Retained Use. TAMUS reserves the xight to enter onto the Leased Premises in order to
ensure that CORPUS CHRISTI's use is compliant with this Lease, and CORPUS
CHRISTI will permit TAMUS to enter the Leased Premises to the extent necessary to
comply with such requirements, provided that TAMUS has given reasonable prior notice
to CORPUS CHRISTI of the need and reason far such access.
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ARTICLE 6
RIGHTS AND DUTIES OF CORPUS CHRISTI
6.01 Authority to „Lease. CORPUS CHRISTI represents and warrants that CORPUS
CHRISTI has the authority to enter into this Lease and that the individual executing this
Lease is the authorized officer, representative, or agent and has the authority to bind
CORPUS CHRISTI to this Lease.
6.02 Mort~a~e. CORPUS CHRISTI may not mortgage the leasehold estate and the interest
in improvements and structures affixed to the Leased Premises- without obtaining the
prior written consent of TAMUS, such consent not to be unreasonably withheld.
6.03 insurance. CORPUS CHRISTI will maintain or cause to be maintained $1,000,000
Combined Single Limit Insurance coverage, as described "INSUR-ANCE
REQUIREMENTS" attached in Exhibit "B", and will cause each Sublessee to name
CORPUS CHRISTI and TAMUS as additional named insureds. CORPUS CHRISTI
will provide TAMUS with a copy of such Certificates of Insurance from Sublessees
within thirty {30) days from the date of execution of this Lease Agreement or a date
mutually agreeable by both parties to this Lease Agreement.
If CORPUS CHRISTI fails or refuses to maintain or cause to be maintained such
insurance coverage, TAMUS will notify CORPUS CHRISTI in writing and CORPUS
CHRISTI wiiI have twenty (20 j calendar days to acquire or have acquired the
policy/policies. If CORPUS CHRISTI fails or refuses to acquire or have acquired such
policy/policies, CORPUS CHRISTI will be in default.
ARTICLE 7
DEFAULT SY PARTY
7.01 In the event of default by CORPUS CHRISTI of any duty or obligation of this Lease,
TAMUS may cancel this Lease and end alI of its obligations. TAMUS will give
CORPUS CHRISTI written notice to correct such default. If the default continues for
thirty (30) calendar days after the date of such notice, notice (ar if such default cannot
reasonably be cured within such thirty (30) calendar day period, CORPUS CHRISTI
fails to commence the cure of such default within such thirty {30) calendar day period or
thereafter fails to diligently pursue such efforts to completion), TAMUS may terminate
this Lease with cause by written notice to CORPUS CHRISTI.
7.02 In the event of default by TAMUS of any material duty or obligation of this Lease,
CORPUS CHRISTI may cancel this Lease and end all of its obligations. CORPUS
CHRISTI will give TAMUS written notice to correct such default. If the default
continues far thirty (30) calendar days after TAMUS' receipt of such notice {or if such
default cannot reasonably be cured within such thirty (30} calendar day period, TAMUS
fails to commence the cure of such default within such. thirty (30} calendar day period or
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thereafter fails to diligently pursue such efforts to completion}, CORPUS CHRISTI
may terminate this Lease with cause by written notice to TAMUS.
ARTICLE 8
TERMINATION
Either CORPUS CHRISTI or TAMUS may terminate the Lease by giving a one (1) year
written notice to the other party.
ARTICLE 9
ASSIGNMENT OR SUBLET OF LEASEHOLD ESTATE
9.01 Assignment. CORP[JS CHRISTI will not assign this Lease or any part of this Lease
without the prior written consent of TAMUS.
9.02 Sublet. CORPUS CHRISTI may sublet any part of the .Leased Premises for use in a
manner consistent with the usage as a recreation area.
ARTICLE 10
MISCELLANEOUS PROVISIONS
10.01 Notice. Any notice required or permitted under this Agreement must be in writing, and
shall be deemed to be delivered (whether actually received or not) when deposited with
the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address set out below. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission, email
or other commercially reasonably means and will be effective when actually received;
TAMUS and CORPUS CHRISTI can change their respective riotice address by sending
to the other party a notice of the new address. Notices should be addressed as follows:
TAMUS: Texas A&M University-Corpus Christi
6300 Ocean Drive
Corpus Christi, Texas 78412
Tel: 361-825-2621
Fax: 361-825-5810
with copy to: System Real Estate Office
The Texas A&M University System
A&M System Building, Ste. 2079
200 Technology Way
College Station, Texas 77845-3424
Tel: 979-458-6350
Fax: 979-458-6359
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CORPUS CHRISTI:
~~~
1
City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Tel: 361-826-3220
Fax: 361-826-3839
10.02 Governing Law. The validity of this Agreement and all matters pertaining to this
Agreement, including but not limited to, matters of performance, non-performance,
breach, remedies, procedures, rights, duties, and interpretation or construction, shall be
governed and determined by the Constitution and the laws of the State of Texas.
Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against
TAMUS shall be in the county in which the primary office of the chief executive officer
of TAMUS is located
10.03 Entire Agreement. This Lease constitutes the complete agreement of TAMUS and
CORPUS CHRISTI and supersedes any pricir understanding, written and/or oral
agreement(s) between them regarding the issues covered by this Lease.
10,04 Amendment. No amendment, modification, or alteration of this Lease is binding unless
. agreed to in writing by TAMUS and CORPUS CHRISTI.
10.05 Savings Clause. If any term, provision, covenant, or condition of this Lease is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions will remain in full farce and effect and will not be affected, impaired or
invalidated.
. 10.06 Non-Waiver. The failure of CORPUS CHRISTI ar TAMUS to insist in any one or
more instances on a strict performance of any of the covenants of this Lease shall not be
construed as a waiver or relinquishment of such covenants in future instances, but the
same shall continue and remain in full force and effect.
10.07 Parties Bound, This Lease is binding upon and inures to the benefit of TAMUS and
CORPUS CHRISTI, and their respective successors and assigns (but this provision
should not be construed to allow an assignment except in accordance with Article 9).
10.08 Nondiscrimination. CORPUS CHRISTI and its agents or employees, is prohibited from
discriminating on the basis of race, color, sex, age, religion, national origin, or handicap,
in the performance of the terms, conditions, covenants and obligations of this Lease
(including construction of any and all improvements located on the Leased Premises).
10A9 Conflict of Interest. CORPUS CHRISTI acknowledges and understands Texas law
prohibits contracts between TAMUS and its officers, CORPUS CHRISTI certifies, and
this Lease is made in reliance on such certification, that no person having an interest in
this Lease by, uncles; of fhraugh CORPUS CHRISTI, is an officer of TAMUS.
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10.10 Remedies. 1n addition to the rights and remedies specifically set forth in this Lease, in
the event of a breach by either TAMUS or CORPUS CHRISTI of any of the duties,
obligations, or terms of this Lease, the other party will be entitled to exercise any and all
other rights and remedies available to such party at law or in equity.
EXECUTED, in duplicate originals, this ~ day of , 2008 by
TAMUS, by its duly authorized officer.
THE BOARD OF REGENTS OF THE TEXAS
A&M UNIVERSITY SYSTEM
~~ ~%
By:
a
RECOMMEND APPROVAL:
AVIUS C. KILLERREW ~~
President
Texas A&M University-Corp~zs Chrx~ti
Ckiancellor a General Counsel
L Prepared by Dice uFGeneral Covnsel
V South Guth Pazk
$y$tCi17 l7e~l) ~' $~81C ~~CC Legel Files 26U7-UO14748
OFFiCtAL DOCUMENT A/41U8•EDi'r
APPROVED AS TO FORM:
DDIE D. LOSE, J.~.
Assistant General Counsel
Office of General Counsel
The Texas A&M University System
EXECUTED, in duplicate originals, this ~ day of s~,p / , 2008,
by CORPUS CHRISTI, by its duly authorized officer.
CITY OF CORPUS CHRISTI
By: ~
. ~
ame: ~ ~~,.~
Title: ` `~ ~,Yte c'°
ATTEST:
ARMANDO CHAPA
City Secretary
~~ ~ ~ 1 AUTHORIZER
~~
~~ ~~~~~~
~~
APPROVED AS TO FORM:
~ ~ ~~~
M Y S HER
City Attorney
f
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ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared JAY KIMBROUGH, Deputy Chancellor and General Counsel
for The Texas A&M University System, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed it as the act and deed of
the Board of Regents of The Texas A&M University System, for the purposes and consideration.
therein expressed, and in the capacity therein stated.
I E UNDER MY HAND AND
A.D. zoos.
..~ MARY JANE TOU~A'AN
Notary Pubilc, Sists d ~axr
~ ~
My Comimiat;on met
NO1/EM6ER f7, 2pQg
STATE OF TEXAS §
COUNTY OF NUECES §
SEAL OF OFFICE this ~ day of
Notary ublic, at f Texas
My Commissio Aires:
BEFORE ME, the undersi ned authority, a Notary Public in and for the State of Texas,
on this day personally appeared'~yl . ~SeobA.lr ~e,~i~ ~.c 1i~.A.C~' for the City of
Corpus Christi, known to me to b the person whose name is scribed to the foregoing
instrument and acknowledged to me that he executed it for the purposes and consideration
therein expressed, and in the capacity therein stated. /~
IV ~ ER MY HAND
~,~~.~%~ ; A.D
AND SEAL OF OFFICE this ~ day of
2008.
Notary Public, State of Texas
My commission ~~:
*0 '"= MYCflMMIS51fl~lEXPIR~S
;,4~ tip.-' iVovember 9, 2Q 1 i
p _ - €'reparud 6p.Offzca o~ General Counsel
6 SauEh Gulh Park
_ System Real Estate Of~icc Legal Files 2007-00] 4748
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ExhibitA
STATE OF TEXAS
COUNTY OF NUECES
All that certain tract of lasod, being a portion of the City of Corpus Christi, Texas,
former 70 acre tract of land described in iTOlume 522, Pages 582 through 584 of the
Deed Records of Nueces County, Texas. This 41.58 Acre tract being more partica~larly
described by metes and bounds as follo`vs:
BEGINNING at a Set 1/2" iron rod with a brass cap stamped "Conrad Blucher Institute
For Surveying and Science", being the northeast comer of Pharaoh Valley Northeast Block
1 subdivision, as shown by map record in Volume 26, Page 11 of the Map Records of
Nueces County, Texas, for the southeast corner of this tract at the west right-of-way of
Ennis Joslin Road;
THENCE S 52° 21' 15" W, a distance of 266.68', along said northwest property line of
Pharaoh Valley BIock 1 subdivision, to a Set 1/2" iron rod with a brass cap stamped
"Conrad Blucher Institute For Surveying and Science";
THENCE N 61° 21' 2D" W, a distance of 1825.00', to a Set 112" iron rod with a brass cap
stamped "Conrad Blucher Institute Far Surveying and Science", along-said northeast
boundary line of Pharaoh Valley Northeast Block 1, being the southeast right-of-way of
Nile Drive, for the southwest corner of this tract;
THENCE N 28° 38' D4" E, a distance of 1454.55', along said southeast right-of-way line
of Nile Drive to a Set 112" iron rod with a brass cap stamped "Conrad Blucher lnstitute For
Surveying and Science", the P.C. of a curve to the right;
THENCE N 61 ° 09' 15" E, at the beginning of a curve to the right, along said southeast
right-of-way of Nile Drive, whale. radius i:s 262.46', a chord distance of 15Q.42', and an
arc distance of 152.56', to a found 518" iron rod with an aluminum disk stamped "RPLS
4700";
THENCE N 77° 56' 08" E, a distance of 104.26' along said southeast right-of-way lii:e of
Nile Drive; to a Found 518" iron rod with an aluminum dill{ starnped "RPLS 4700", the
F.C. of a curve to the right;
THENCE S 57° 3D' 46" E, at the beginning of anon-tangent cl~rve to the right, whose
radius is 27.07', a chord distance of 37.99',_ and an arc distance of 42.1,1', along said righC-
of-way line of Nile Da7ve, to a found 518" iron-rod -with an alui~ainr~i~ dish stamped "RPI S
4700", being the west right-of-way of Ennis Joslin Road, t:lie P.C. of a curve to tY:e left;
THENCE S 16° 00' S4" E, at the beginning of a curve to tl:e left, whose radius is
.56$7.53', a chord distance of 641.69', and an arc distance of 642.03', to v Set 1.12" iron rod
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with a brass cap stamped "Conrad Blucher Institute Far Surveying and Science", along
said west right-of-way line of Ennis Joslin Road;
THENCE S 19° 15' 08" E, a distance of 168.23', along said west right-of-way of Ennis
Joslin Road, to a found 518" iron rod with an aluminum disk, stamped "RPLS 4700", the
F.C. of a curve to the left;
THENCE S 21 ° 30' 19" E, at the beginning of a curve to the left, whose radius is
5687.74', a chord distance of 451.04', and an arc distance of 451.15', to a found 518" iron
rod with an aluminum disk stamped "RPLS 4700", along said west right-of--way line of
Ennis Joslin Road;
THENCE S 66° 12' 06" W, a distance of 20.DD', to a Set 112" iron rod with a brass cap
stamped "Conrad Blucher Institute For Surveying and Science", along said west right-of-
vray line of Ennis Joslin Road; the P.C. of a curve to the left;
THENCE S 24° D7' 21" E, at the beginning of a non-tangent curve to the left, whose
radius is 5707.56', a chord distance of 6D.D0', and an arc distance of 50.00' to a Set 112"
iron rod with a brass cap stamped "Conrad F3lucher Instit~;te For Surveying and Science"
along said west right-of-way line of Ennis Joslin Road;
7
TH1CNrE N 65° 57'52" E, a distance of 20.00', to a found 518"iron rod with an
aluminum disk stamped "RPLS 4700", along said west right-of-way line of Ennis Joslin
Road, the P.C. of a curve to the left;
THENCE S 25° 25' tJ7"E, at the beginning of a curve to the left, whose radius is 5687.74',
a chard distance of 400.44', ar,d an arc distance of 400.52', to a found.5l8" iron rod with a
aluminum drsk stamped "RPLS 4700", along said west light-of-way line of Ennis Joslin
Road;
T~IENCE S 28° 25~' 32" E, a distance of 298.50', to a f~+und 518" iron. rod with an ~ ..
aluminum disk stamped "RPLS 4700", along said west right-of-way line of Ennis Joslin
Road, the P.C. of a curve to the left;
THENCE S 29° 15' Ib" E, at the beginning of a curve to the left, whose radius is
7691.7'?', a c:lord distance of 219.65', and an arc distance of 219.55'.; along said west
right-of-way line of Ennis Joslin Road, to the POINT OF ~E~Gl1NN11NG;
Contai~~ing 41.58 acres of land more or less.
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State of Texas
County of Nueces
I, Stacey D.:C~yle; a Register Professional Land Surveyor; hereby certify that the
foregoing field notes were prepared by me from a land survey made on the ground under
my direction.
This the t` ~ day of ~U~_, 200. ,
i'
Stacey D. Lyle
State of Texas License No. 5873
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EXHIBIT B
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. The Lessee must not commence work under this agreement until insurance required herein has been obtained and such
insurance has been approved by the City. The Lessee mus# not allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been obtained.
B. The 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, and a blanket waiver of subrogation 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 is required on Bodily Injury and Property Damage
all certificates Per occurrence /aggregate
Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT
4. Commercial Form
2. Premises -Operations
3. Producksl Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personallnjury
C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of such accidents at
the same time that the reports are forwarded to any other interested parties.
II. ADDITfONAI_ REQUIREMENTS
A. Certifica#e of Insurance:
* The City of Corpus Christi and Texas A & M University System must be named as an additional insured on the
liability coverage, and a blanket waiver of subrogation on all applicable policies.
* If your insurance company uses the standard ACORD form, the cancellation clause (bottom right} ndt
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 the alternative, a copy of a policy endorsement
reflecting the required cancellation language is required.
The name of the project must be listed under "Description of Operations"
* At a minimum, a 30-day written notice of termination, non renewal, material change or cancellation is
required.
2008 Balltield Lease agreement insurance requirements
8-14-oB ep Risk Management
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System 12ea1 Estate OlPice
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