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HomeMy WebLinkAboutC2008-210 - 6/24/2008 - ApprovedLEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS ASSOCIATION FOR RADIO CONTROLLED AUTOMOBILE RACING, INC. This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"}, acting through its duly authorized City Manager or designee ("City Manager"), and South Texas Association for Radio Controlled Automobile Racing, Inc."Lessee"), anon-profit corporation, acting through its duly authorized President of Lessee. NOW, THEREFORE, the City and Lessee, in consideration of the mutual prom- ises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is five (5) years, beginning on the day of City Council approval which is 2008, unless sooner terminated as set out herein. Section 2. Contact PersonlLease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation or her designee ("Director"}. Section 3. Premises and Improvements. City leases to Lessee a tract or parcel of land in Bill Witt Park, described on the metes and bounds description on the attached Exhibit A, which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises {"Improvements"). Section 4. Consideration. Lessee must maintain and operate a public radio controlled race track an the Premises. Lessee must maintain the Premises and all Improvements on a year- round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure #a maintain the Premises and all improvements in accordance with these rules cons#itutes grounds for termination of this Lease. At a minimum, maintenance includes: {A} Lessee shall pick up and properly dispose of lifter on a daily basis whenever the Premises are being used and weekly during the rest of the year; (B) Lessee shall keep the Premises {including buildings and fences, permanent or temporary} fully operational and in good repair; (C) Lessee shall be responsible for maintaining the grass at a safe height, not to exceed six (6) inches; (D} Lessee shall erect asix-foot wooden fence between the Premises and adjacent subdivision; Lessee shall not direct any lighting towards the adjacent subdivision; (E) Lessee must immediately report any vandalism to the Director, or her designee, and the Corpus Christi Police Department, Nueces County, Texas; (F) Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Parks Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (1 p} working days after the need for repair is or should have been discovered. 200$-210 sure that parking and racing activities are confined to designated Ord. 027738 park hours and end all activities before park curfew; and 06/24/08 STARCAR {H) Lessee must promote its activities. Section 6. Understanding. Lessee acknowledges and understands that use of Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 6. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for program purposes. Lessee must not deny access to nor use of the Premises to the genera[ public for unorganized activities when the Premises are not being used by Lessee. Requests for scheduled organized activities by other organizations will be reviewed far approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines andlor easements. City may exercise these rights without compensation to Lessee for damages to the Premises andlor any Improvements from installing, maintaining, repairing, or removing the utility lines andlor easements. City must use reasonable judgment in locating the utility lines andlor easements to minimize damage to the Premises andlor its Improvements. Section 7. Primary Purpose. Lessee will provide a means of friendly association and competition to the public interested in radio controlled automobile racing. Lessee must establish and maintain a publicly accessible Radio Controlled Automobile Racing track for persons interested in Radio Controlled Automobile Racing Program, and for no other purpose without the Director`s prior written approval. Section 8. Additions or Alterations. {A} Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. {B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 9. U#ilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises on or before the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 10. Suns. {A) Lessee must not exhibi#, inscribe, paint, erect, or affix any signs, advertisements, 2 notices, or other lettering {Signs) on the Premises or on any Improvements without the Director's prior written approval. {B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's casts within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 11. A_dvertisinp. The Director has the right to prohibit any advertising by Lessee which impairs the reputation of the Premises or the City. Section 12. Securi .Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 13. Inspection. The City Manager and the Director, or their respective designee, has the right to inspect the Premises andlor the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or his designee, may provide written notice to Lessee demanding compliance. If Lessee has not complied within five (5} days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30} days of receipt of the Director`s invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds far termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten {10} days written no#ice to Lessee. Section 14. Non-Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 15. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B} All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 16. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court casts and ex- penses, including reasonable attorneys' fees. Section 7 7. Indemnity. To fhe extenf permitted by Texas law, Lessee, !ts ofiFicers, members, partners, employees, representatives, agenfs, and licensees (collectively, 3 Indemnitors) covenant to fully indemnify, save, and hold harmless the Cify, its officers, employees, representafives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, fo the extent any damage or injury may be incident fo, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (7} the existence, use, operation, main-tenance, alteration, or repair of Premises and the South Texas Association for Radio Controlled Aufomobile Racing, Inc. program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of Indemni#ees or any of them or other persons having involvemen# in, participation with, or business with the Premises, Lessee, or the South Texas Associa#ion for Radio Controlled Automobile Racing, lnc. program whether authorized with the express or implied invitation or permission of Lessee {collectively, Lessee's Inviteesy entering upon the Premises or its Improvemenfs pursuanf fo this Lease, or trespassers entering upon the Premises or ifs Improvements during Lessee's use or physical occupation of the Premises; or (~4} due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnifees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. The Perms of this indemnification are effective regardless of whether such injuries, death, or damages are caused, or are claimed fo be caused, by the concurrent, contributing, or sole negligence of lndemnitees or any of them. Lessee covenants and agrees that if City is made a party fo any litigation against Lessee or in any -ifigation 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 seitlemenf or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and al! other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 18. Insurance. {A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit B, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit B constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certifcate of Insurance meeting the limits and requirements set out in Exhibit B", to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. 4 (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 9 as set out herein this Lease. Section 19. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 20. Termination. (A) The City may immediately terminate this Lease if the City determines, in its sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Section 7. {B} In addition, the City may immediately terminate this Lease if it determines, in its sole discretion, that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause by providing written notice of terming#ion and listing one or more areas of continued noncompliance. (D) Either City or Lessee may terminate this Lease without cause by giving thirty (30) days written notice to the non-terminating party. Section 21. Notice. All notices, demands, requests, or replies provided for or permitted, under #his Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, {4} by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1 }business day after transmission to the telegraph company ar overnight express carrier. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 1F TO LESSEE: STARCAR, INC. Attn: President, c/o Cindy Daughtry 2030 Saratoga Corpus Christi, TX 78411 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 22. List of Officers. (A) Lessee must submit its current List of Officers (List) to the Director within ten (10) days of commencement of this Lease. Further, Lessee, on the subsequent yearly anniversary dates of this Lease, must submit its current List to the Director. Failure to submit a current List, either within ten {10} days of commencement or annually as required by this section, shall constitute grounds for termination of this S Lease. (B) The List must contain each person's ti#ie, name, address, home phone, and office or fax phone, if applicable. Section 23. Reporting. Lessee shall submit reports listing the number of participants during the term of this Lease. The reports must be submitted to the Director by August 31St of each lease year. Section 24. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. {B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location far Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D} Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 25. Amendments. No alterations, changes, or modifications of the terms of this Lease nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 26. Waiver. (A} The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenantor condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D} Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 27. Force Maieure. No party to this Lease will be liable far #ailures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 28. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, transferred, or sublet directly or indirectly without the prior written consent of the City. Section 29. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 30. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 31. Severability A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, far it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full farce and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future !aw effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or nenforceabfe clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 32. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints ar concerns they may contact the City at 880-3461 and talk to the Parks Director, or designee. Section 33. Surrender. Upon expiration or cancellation of the Lease, Lessee must return Premises to City in reasonably good condition, ordinary wear and tear excepted Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2008. 7 ATTEST: Armando Chapa, City S etary Approved as to legal form ~ ~ 'L By: ~..`r~ Lisa Aguilar, stant City Attorney For City Attorney CITY OF ORPUS CHRfSTI G orge K. Noe, City Manager 2008 oa~~~f,~wf~K~~, RY COtif+fCif... ~~ b SOUTH TEXAS ASSOCIATION FOR RADIO CONTROLLED AUTOMOBILE RACING, INC. ray: President Printed Name: ~0 ~ • C~1'YL Date: r --D STATE OF TEXAS OUNTY OF NUECES is instr ment was acknowledged .P Auto obile Racing, Inc., a Texas n ro,~~RY l6~`d pONHA I DEf.EOR • ~ Notary Aub!!c STATE OF TEXAS ~~°"~^`~ ~Y Comm. Exp. 08.1 t-2008 me on ~i , 2008, by of South Texas ssociation for Radio Controlled behalf of said corporation. NotaFy Publ' ; a of Texas p Printed name: f'1C~ ~ • ~e[~-°~ Commission expires: g Z~S Bill mitt Park $TARCAR Lease STATE OF TEXAS COUNTY OF NUECES ~ '-~~ BEING A 3.04 ACRE (132,557.7 SQ. FT.) TRACT OF LAND OUT OF A 136.22 ACRE TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, fiEXA$, COL+B~lONLY KNOWN AS BILL WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME 1709, PAGE 95, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, BEING OUT OF AND SITUATED IN SECTION 21, OF THE FLOUR BLUFF 6 ENCINAL FARM & GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BovNDS As FozLOWS; COMMENCING at a Found 518" Iron Rod at the northerly corner of Lot 23, Block 13, Cimarron Crossing, Unit 4 as recorded in Volume 59, Page 64 of the Map Records of Nueces County, Texas; THENCE, North 62°35'10" East through Bill Witt Park, a distance of 74.46 feet to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas", being the Palnt of Beginning and the southeasterly comer of this tract; THENCE, North 47°19'00" West continuing through said Bill Witt Park, a distance of 400.73 feet to a set 518" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas", being a southwesterly corner of this tract; THENCE, North 01°46'50" West continuing through said Bill Witt Park, a distance of 323.14 feet to a set 518" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas", being a northwesterly corner of this tract; THENCE, North 88°13'10" East continuing through said Bill Witt Park, a distance of 286.00 feet to a set 518" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas", being a northeasterly Garner of this tract; THENCE, South 01 ° 46' S0" East, a distance of 603.83 feet to the POINT AND PLACE OF BEGINNING and containing 3.04 acres of land. Bearings are with reference to plat of Cimarron Crossing -Unit 4 as recorded in Volume 59, Page 64 of the Map Recoeds of Nueces County, Texas State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were r~reoared by me from a tend survey made on t nder my direction. This the 15T" day of April, 2004, ~..t, o~ Russell D. oche State of Texas License No. 5,241 ~Q' ~° O ~q~'rq~ ~•Q ~ o '. ,RUSSELL D..OCNS, ~~' Aq 5241 r`:•Q. ~O SUR~tiy~ r~~it~lt- f~ (~ J l o~ Z- ,:; ~' O ~" 1'`1 Z p 1 t1 Q i l ~ :iI ~ fmT! Ql ~ ~ ~ I I n Q N D I y ~ N~N~ n ~ ~~~ D ~ Op~~ ~ ~ ~ +{ ~ N ~ rn~-in O +' m C7 ~ .ZI ~ (~ '~1 1 I z;l~ ~ ~, LrD ~ ~nN U1 ~ ~° j V t D Z O Z U1 ~ ~ S'~o~l3 ~,~L-Tf ~ ~ ~ f~Y7 1*~~ J = ~ -~~d ~ v ~ • ~t ync'~ 111 Y Q I{ O D ~ Q ii ~ ~ -~ ~ r~ ® a ~ furl Z D ~v yl Ali z o~m-~ '`3 N ;II 1"- ~o~-army ~_~ C n ~ ~ ~ ~ ~ anra~ I ~ ~ ~ O i n N DOTSQ ~ _ i rn ,~ '~ 3:R~.t11 ~~ ~~~ ;~ +~ z + o~nr^vv zn ~°N i ~' om p , ~ , • ~ Z 'J .Y! ~ ~p ~ ~~ k R $ ~ Y 1 I I `D~' pp (~ ~ ' 'r a ~ Q ~ ~ ~ ~ + ~ , , ~ 1 T~ 3'+ta~-/i I ~ li r ~3 j ~i IA gase~l ~ 0 M ~ ~ o 0 , j O ~ n . ~• ~ ~n' ~ ~n • c ~ • ~ ~ ~ ~ Q o ~y ~ m ~ ~ • ,. w ~ ~ ~' My 4J ~ + o N y k 9 ~~n~ ~~ ~~~~ ~ a Y . ~&1I~ -~~ q r ~~ ~~ N g2',~g• J ~- ;r~ N ~ti ~ ~~ ~~ r~ ~ ~•~ .\ ;~_ 4 ~o a~ ~~. /,~/~ V M .~ f., ~~ ~~ ~~ ~ ~~ •.~`~' ~c ~°IZZ° o~ m ~ ~ ~ ~ ~ ~ ~~ ~mm ~o ~~~Db [s~ Y ~ m i Q p C Q r u~'i~z~ m 117 p ~ ' CS ~ m N m ~ ~~~~~ a~~~ I {~~~~ ~ ~ m i O ozlno s . ~m~~ p°°"~~ z ~ ~ n !~ t'~aa ;~: 9~q~- p o i,., ~ ~. ' C ': C:~ N :r ~" ~: ~ . di ~ ; C] . . ill . `.. O ,~ , . ~k /~ ~~. 2 ~-r 2 ) 0 1y9 Y ~i o~ cz~~ ~~~~ cfm2~ o ~ c ~ ~ fi ~~~~ z m~~ ~i~ ~ ~ M ~ ~ n ~~o A ~~?1 r°nA~ a ~o~ EXHIBIT B INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work un#il 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, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City mus# be named as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non-renewal, Bodi[y Injury and Property Damage material change or termination is required on all Per occurrence 1 aggregate certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Farm 2. Premises -Operations 3. Produc#sl 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, Lessee must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording afker "left". In lieu of modification of khe ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations." 4. At a minimum, a 30-day written no#ice of cancellation, material change, non-renewal or termination is required. B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)- (7), an authorized representative of the insurance company must include a letter specifcaliy stating whether items 1.B. (1)-(7) are included or excluded. 2007 STARCAR Radio Controlled racing aE Bill Witt Park ins. req. 10-9-i77 ep Risk Management 10