HomeMy WebLinkAboutC2008-342 - 9/30/2008 - ApprovedLEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND COASTAL BEND CORPUS
CHRISTI FOOTBALL LEAGUE
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 Coastal Bend Corpus
Christi Football League ("Lessee"), a Texas non-profit association, acting through
President of Lessee.
WHEREAS, the City owns Botsford Park, Corpus Christi, Nueces County, Texas,
a portion of which will be known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for its youth football
program; and
WHEREAS, the City desires to allow Lessee to use the Premises for its youth
football program.
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
terr~ of this Lease is five (5) years, beginning on day of City Council approval, which is
~eaJes~i b~ 30 ,Zoos, unless sooner terminated as set out herein.
Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or his designee
("Director").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit A the site map which is attached hereto and
incorporated herein this Agreement by reference, and all improvements to the Premises
("Improvements") including, without limitation, the fields, fences, irrigation systems,
and the grassed areas.
Section 4. Consideration. Lessee must operate a youth football program and 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 to maintain the
Premises and all Improvements in accordance with these rules constitutes grounds for
termination of this Lease. At a minimum, maintenance includes:
(A) Lessee shall pick up and properly dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
(B) Lessee shall keep fully o erational and in good repair the fields, irri ation
systems, buildings, and fair weather parking area, which are located on the
Pramisoe•
2008-342
09/30/08
Ord. 027872 1
CB-CC Football League
(C) Lessee must immediately report any vandalism to the Director, or his
designee, and the Corpus Christi Police Department, Nueces County,
Texas;
(D) Lessee shall keep the fair weather parking area and access roads free of
debris, properly designated, and free of potholes in accordance with
standards issued by the Director that are in force now and as promulgated
in the future. Lessee must repair potholes within ten (10) days after the
need for repair is or should have been discovered;
(E) Lessee shall maintain the bleachers, and repair within 48 hours after need
is or should have been discovered;
(F) Lessee will provide normal, scheduled mowing of the Premises. Lessee will
be responsible for maintaining the youth football fields as set out in Section
4G herein below. Furthermore, Lessee will be responsible for maintaining
the grass in the adjacent viewing/access areas at a safe height not to
exceed six (6) inches; and
(G) Lessee shall maintain the youth football fields within the Premises boundary
lines. Grass on the youth football fields must not exceed three (3) inches.
Lessee must mow the youth football fields within one (1) week after grass
reaches three (3) inches in height. At least one month prior to the start of
any season or pre-season practice, the youth football fields must be
gradually cut shorter and brought into playing condition. Failure to keep the
grass on the youth football fields at or below three (3) inches in height or to
properly bring the youth football fields back to playing condition will be
grounds for termination of this Lease.
Section 5. Understanding. Lessee acknowledges and understands that use of the
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
and Improvements during its use for Lessee's youth football program. City
shall control use of the Premises and Improvements when Lessee is not
using them for Lessee's program. Lessee must not deny access to nor use
of the Premises to the general public for unorganized activities when the
Premises are not being used by Lessee. Requests for use of the Premises
and Improvements by other organizations must be reviewed for approval or
denial by the Director.
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(B) City retains the right to use or cross the Premises with utility lines and/or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and/or any Improvements from installing,
maintaining, repairing, or removing the utility lines and/or easements. City
must use reasonable judgment in locating the utility lines and/or easements
to minimize damage to the Premises and/or its Improvements.
Section 7. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a youth football 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. Utilities. Lessee must pay for all utilities used by it or for any activity
sponsored by Lessee on the Premises prior to 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. Signs.
(A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs,
advertisements, 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 costs
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. Advertising. The Director has the right to prohibit any advertising by Les-
see 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 and/or 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 for termination of this Lease. Alternatively, the City may
elect to terminate this Lease after ten (10) days written notice 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 costs and ex-
penses, including reasonable attorneys' fees.
Section 17. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its officers, employees, representatives, and
agents (collectively, Indemnitees) from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses,
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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, to the extent any damage or injury maybe
incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part ,
(1) the existence, use, operation, maintenance, alteration, or
repair of Premises and the Lessee's program; (2) the exercise of
rights under this Lease; (3) an act or omission, negligence, or
misconduct on the part of Indemnitees or any of them or other
persons having involvement in, participation with, or business
with the Premises, Lessee, or the Lessee's program whether
authorized with the express or implied invitation or permission of
Lessee (collectively, Lessee's Invitees) entering upon the
Premises or its Improvements pursuant to this Lease, or
trespassers entering upon the Premises or its 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 Indemnitees 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
terms of this indemnification are effective regardless of whether
such injuries, death, or damages are caused, or are claimed to be
caused, by the concurrent, contributing, orso/e negligence of
Indemnitees or any of them.
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
s
actions based thereon with counsel satisfactory to /ndemnitees,
and pay all charges of attorneys and all 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 Certificate 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 o 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.
(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 8 as set out herein this Lease.
Section 19. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during thee te~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 termination 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
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permitted, under this 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 or 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
(361) 880-3461
IF TO LESSEE:
Coasta~en Corpus Christi Football
At~,n• cL o n~
~~ ~ ~ ~
orpus nsti, ~ I
(361)'13• 3S 3bl•~I`)a• X1397
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 Lease.
(B) The List must contain each person's title, name, address, home phone,
and office or fax phone, if applicable.
Section 23. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play youth football each year during the term of this
Lease. The reports must be submitted to the Director by August 315 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
ob~gation to provide an alternate location for Lessee during the Improve-
ments 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 recon-
struction 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 waroer by said party of any of its rights hereunder.
(B) No waiver of any covenant or condition or of the breach of any covenant or
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 Ciry 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 for failures 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 sus-
pended 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. Ca tions. The captions in this Lease are for convenience only, are not a
part of this Lease, an 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 un-
derpresent orfuture 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, subdivision, clause, provision, phrase, or word hereof be given full
force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unen-
forceable under present orfuture law 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 unenforceable 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. Sportsmanship Program. Lessee shall require that all of its coaches and
at least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
Section 33. 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
or concerns they may contact the City at 880-3461 and talk to the Parks Director, or
designee.
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 Les-
see's use of the Premises.
EXECI~TED IN DUPLICATE, each of which shall be considered an original, on this
the ~~-day of _`~Fp1P.rn,(~~ , 2008.
ATTEST: CITY OF CORPUS CHRISTI
r }/I
~ ~~ ~~~
Armando Chapa, City Secretary ' vtg, arm-Ievit,~ Ci~ lua.~a~vt
Approved as to legal form:
Lisa Aguilar, s istant City Attorney
For City Attorney
COASTAL BEND CORPUS CH ISTI F OTBALL LEAGUE
By. t/~IK ti ~ `
President
Printed Name: ~ I~ ~ Coy ~
Date: Sl ~ 0
STATE OF TEXAS
COUNTY OF NUECES G
is in trument was acknowledg before me on 'J , 2008, by
`a ,President o~astal Berk Corpcl I~isti Football League behalf of
said organiz ion. 11 I) I' I l /J
Public, State of Texas
Printed name:~~ ~ • ~~.e~IJ
Commission expires: gll l
'~~~RI2Eb
itY COUNCIL, s~,(3 0~
SECACfARY~6
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INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. 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 must be named as an
additional insured for all liability policies, 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, Bodily Injury and Property Damage
material change or termination is required on all Per occurrence /aggregate
certificates.
Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises -Operations
3. Products/ 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 copies of all reports of any accidents
within 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 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 after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations".
• At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.6 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.6. (1)-(7) are included or excluded.
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