HomeMy WebLinkAboutC2008-372 - 10/14/2008 - Approved1
CONSTRUCTION AND LEASE AGREEMENT WITH THE MIRACLE LEAGUE OF
CORPUS CHRISTI, INC.
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS the Miracle League of Corpus Christi, Inc. desires to use certain areas of
City Property located at 1354 Airport Road, Corpus Christi, Texas 78405, to construct
and donate to the City an athletic field of approximately 1.25 acres with concession
stand and fencing, (Improvements") as described on attached Exhibit;
WHEREAS, the City desires to grant Miracle League permission to lease the
Premises described herein to construct the Improvements, and then lease to Miracle
League the fields in consideration of the terms and conditions and mutual promises set
out below.
NOW, THEREFORE, the City and Miracle League agree as follows`. .,
Section 1. Premises. This agreement covers property located at 1354 Airport
Road and described on the attached and incorporated Exhibit.
Section 2. Definitions. Whenever used in this Lease, the following terms shall have
the meanings ascribed to them as set forth in this paragraph, to wit:
A
B.
C.
D.
E.
Lessee or Miracle League shall mean The Miracle League of Corpus
Christi, Inc. a nonprofit Texas corporation,
City shall mean the City of Corpus Christi, a Texas home-rule municipal
corporation.
City Council shall mean the City Council of the City of Corpus Christi::. , ,
City Manager shall mean the City Manager of the City, or his designee.
Parks Director shall mean the City of Corpus Christi Director of Parks and
Recreation.
F. City Property or Premises shall mean a tract or parcel of land at Airport
Road designated as shown on the attached Exhibit, together with all
Improvements.
G. Effective Date shall mean the 6151 date after City Council approval of this
agreement.
_ •• 2008-372
10/14/08
Ord. 027889
Miracle League of CC
z
This agreement shall commence on the Effective Date and continues for twenty (20)
years, unless earlier terminated as herein provided.
Section 4. Use of Citv's Propertv for Construction of Improvements
A. Lessee desires to constructor oversee construction of certain Improvements which
are described on the attached Exhibit. In consideration of the construction of
Improvements and donation to City, City grants to Lessee during the term of this
Agreement the use of certain areas of City property as indicated on Lessee's plans for
construction of the Improvements ("City Property"). Lessee shall review the construction
invoices and shall make payment if the work has been satisfactorily completed.
B. When constructing the Improvements, the plans and specifications shall be prepared
by state-licensed architects or engineers. The plans and specifications are subject to
approval of the City Manager. Construction shall not begin until the City Director of
Engineering has reviewed and approved the construction plans and specifications.
Lessee agrees to maintain City Property in a sanitary, safe and clean condition during
Lessee's use of the City Property.
C. Lessee shall require the contractors who are awarded contracts for construction of
the Improvements to furnish the following bonds by surety companies authorized to do
business in Texas:
Payment Bond - A payment bond in the amount of One Hundred Percent
(100%) of the contract for construction of the Improvements shall be
furnished for the protection of all persons, firms and corporations who may
furnish materials or perform labor. The payment bond shall be made with
City and Lessee as an Obligee.
2. Performance Bond - A performance bond in the amount of One Hundrec
Percent (100%) of the contract for construction of the Improvements shall
be furnished covering the faithful performance of the contract. The
performance bond shall be made with City as an Obligee.
D. Lessee shall include in all construction agreements with Lessee's construction
company ("Contractor') for the Improvements, the following provisions:
Contractor does hereby agree to waive all claims, release, indemnify,
defend and hold harmless City and all of its officials, officers, agents and
employees, in both their public and private capacities, from and against
any and all liability, claims, losses, damages, suits, demands or causes of
action including all expenses of litigation and/or settlement, court costs
and attorney fees which may arise by reason of injury to or death of any
person or for loss of, damage to, or loss of use of any property occasioned
by error, omission, or negligent act of Contractor, its officers, agents,
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employees, subcontractors, invitees or any other person, arising out of or
in connection with the performance of this agreement, and Contractor
shall at his or her own cost and expense defend and protect the City of
Corpus Christi from any and all such claims and demands.
2. Contractor does hereby agree to waive all claims, release, indemnify,
defend and hold harmless the City of Corpus Christi and all of its officials,
officers, agents and employees from and against any and all claims,
losses, damages, suits, demands or causes of action, and liability of every
kind including all expenses of litigation and/or settlement, court costs and
attorney fees for injury or death of any person or for loss of, damages to,
or loss of use of any property, rising out of or in connection with the
performance of this agreement. Such indemnity shall apply whether the
claims, losses, damages, suits, demands or causes of action arise in
whole or in part from the negligence of the City of Corpus Christi, its
officers, officials, agents or employees. It is the express intention of the
parties hereto that the indemnity provided for in this paragraph is
indemnity by Contractor to indemnify and protect the City of Corpus Christi
from the consequences of the City of Corpus Christi's own negligence,
where that negligence is a sole or concurring cause of the injury, death or
damage.
3. In any and all claims against any party indemnified hereunder by any
employee of Contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, the indemnification obligation herein provided shall not be limited in
any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for Contractor or any
subcontractor under workman's compensation or other employee benefit
acts.
E. Lessee shall also require the Contractors, in all Lessee construction agreements for
the Improvements to furnish insurance in such amounts as specified below and include
in all construction agreements for the Improvements the following language:
Prior to commencement of any activity on City of Corpus Christi's
property, Contractor shall purchase and maintain during the term of this
contract, at its own expense, hereinafter stipulated minimum insurance
with companies duly authorized to do business in the State of Texas.
Contractor shall not allow any subcontractor to commence work until all
similar insurance of the subcontractor has been obtained. All insurance
policies provided under this Agreement shall be written on an "occurrence"
basis.
Workers' Comaensation as required by law.
Employer's Liabilitv Insurance of not less than $500,000.00 for each
accident, $500,000.00 disease for each employee, $500,000.00 disease
as policy limit.
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Commercial General Liabilitv Insurance, including Independent
Contractor's Liabilitv. Products/Completed Operations and Contractual
Liability, covering, but not limited to the indemnification provisions of this
contract, fully insuring Contractor's liability for injury to or death of
employees of the City of Corpus Christi and third parties, extended to
include personal injury liability coverage, and for damage to property of
third parties, with a combined bodily injury and property damage minimum
limit of $1,000,000 per occurrence.
Comprehensive Automobile and Truck Liabilitv Insurance, covering
owned, hired and non-owned vehicles, with a combined single limit of
$1,000,000 per occurrence.
Builder's Risk. The Contractor shall purchase an All Risk builder's risk
policy in the amount of the construction cost of the concession stand and
fencing for the duration of this project.
2. It is agreed by all parties to this Agreement that the insurance required
under this Agreement shall:
a. Be written with the City of Corpus Christi and Lessee as additional
insured on applicable policies and that the policy phrase "other
insurance" shall not apply to the City of Corpus Christi where the
City of Corpus Christi is an additional insured shown on the policy.
b. Provide for thirty (30) days written notice of cancellation to the City
of Corpus Christi, material change or any other cause.
c. Be written through companies duly authorized to transact that class
of insurance in the State of Texas.
d. Waive subrogation rights for loss or damage so that insurers have
no right to recovery or subrogation against the City of Corpus
Christi, it being the intention that the required insurance policies
shall protect all parties to the Agreement and be primary coverage
for all losses covered by the policies.
e. Provide a Certificate of Insurance evidencing the required
coverages to:
City Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
Risk and Safety Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
F. Lessee agrees that all work to be performed by it or its contractors, including all
workmanship and materials, shall be of first-class quality and shall be performed in full
compliance and in accordance with all federal, state and local laws, ordinances, codes
and regulations, and such work shall be subject to City inspection during the
performance thereof and after it is completed. However, the City shall have no duty to
inspect.
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G. Lessee shall discharge all obligations to contractors, subcontractors, materialmen,
workmen and/or other persons for all work performed and for materials furnished for or
on account of Lessee as such obligations mature. Lessee expressly agrees that it will
neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien
upon the CITY's property or upon any Improvements thereupon in the process of
construction or repair, nor allow any condition to exist or situation to develop whereby
any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien
against the City's property or Improvements thereon, and Lessee shall discharge any
such lien within thirty (30) days after notice of filing thereof.
H. All plans and specifications referred to above and all construction upon the City's
property shall comply with all applicable federal, state or municipal laws, ordinances,
rules, regulations and requirements. During the progress of all work, City's duly
authorized representative may enter upon the premises and make such inspections as
may be reasonably necessary for the purpose of satisfying City that the work or
construction meets the requirements or standards.
I. Lessee shall conduct its operations under this Agreement in an orderly and proper
manner, considering the nature of such operation, so as not to unreasonably annoy,
disturb, or endanger others.
J. Before any work on City property begins, Lessee shall present the City Director of
Engineering, the City Risk Manager or designee, and the City Manager with evidence of
Contractor's insurance coverages, and City building and construction permits.
K. Lessee shall have the right to obtain ingress and egress to and from the area
designated for construction of the Improvements by means of all existing roadways or
accessways, to be used in common with others having rights of passage.
M. MATERIAL AND WORKMANSHIP:
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(a) Lessee agrees that all equipment, material, and articles into the work covered by
this contract shall be new and of the most suitable grade for the purpose intended,
unless otherwise specifically provided in this contract. References in the specifications
to equipment, material, articles, or patented processes by trade name, make, or catalog
number, shall be regarded as establishing a standard of quality and shall not be
construed as limiting competition. Lessee may, at its option, use any equipment,
material, article, or process that, in the judgment of the City Director of Parks and
Recreation, is equal to that named in the specifications, unless otherwise specifically
provided in this contract.
(b) Lessee shall obtain City Director of Parks and Recreation ("City Representative")
approval of the machinery and mechanical and other equipment to be incorporated into
the work. When requesting approval, the Contractor shall furnish to the City
Representative the name of the manufacturer, the model number, and other information
concerning the performance, capacity, nature, and rating of the machinery and
mechanical and other equipment. When required by this contract or by the City
Representative, the Lessee shall also obtain the City Representative's approval of the
material or articles which the Lessee or its Contractor contemplates incorporating into
the work. When requesting approval, the Lessee shall provide full information
concerning the material or articles. When directed to do so, the Lessee shall submit
samples for approval at the Lessee's expense, with all shipping charges prepaid.
Machinery, equipment, material, and articles that do not have the required approval
shall be installed or used at the risk of subsequent rejection.
(c) All work under this contract shall be performed in a skillful and workmanlike manner.
The City Representative may require, in writing, that the Lessee remove from the work
any employee the City Representative deems incompetent, careless, or otherwise
objectionable. A one year warranty on workmanship is required.
N. Date for construction completion. If initial construction for its intended use as a
Miracle Field is not completed within 24 months from the Effective Date of this
Agreement, then the Lessee shall be considered to be in breach of this Agreement, and
the City may terminate this Agreement upon notice to Lessee, without penalty to City,
and City may additionally pursue all remedies under law. However, in-kind work will
not be subject to penalty or constraint of days to complete.
O. Cost of construction of the Improvements. The complete cost of developing all
necessary plans and specifications and the cost of construction of the Improvements by
LESSEE shall be borne solely by LESSEE and be at no expense to City whatsoever.
Section 5. Ownership of Improvements After Completion of Construction.
Upon completion of the Improvements, LESSEE donates the Improvements to City.
The Improvements are considered completed when accepted in writing by the City
Parks and Recreation Director. Any warranties given to the LESSEE regarding the
Improvements shall be transferred and assigned to City at the same time as the
Improvements are transferred to the City.
Section 6. Purpose of Lease of Improvements after Completion of Construction
Upon completion of the construction after Notice to Proceed from the Parks Director, the
City shall lease the Premises to Lessee ("Leased Premises")for the remainder of the
Term section described above, for Lessee to provide sports programs for the citizens of
Corpus Christi. Lessee may not use the Leased Premises for any other purpose
without the prior written approval of the Parks Director. The Lessee's use of the Leased
Premises is subject to the terms and conditions of this Agreement, including attached
Exhibits.
Section 7. Damasle or Destruction
In the event of damage or destruction to the Improvements or Leased Premises, City
shall have no obligation to repair or rebuild the Improvements or Leased Premises or
any fixtures, equipment or other personal property installed by Lessee. However, if said
damage or destruction occurs prior to completion of the construction of the
Improvements, any insurance proceeds from any casualty loss shall be applied to the
repair or rebuilding of the Improvements, which will be the extent of Lessee's obligation
for repair. If such damage or destruction renders the Improvements unusable or unsafe
as determined by the City Manager in his sole discretion, then upon City Manager's
written notice to Lessee, this Agreement terminates immediately without penalty to the
City. Any damage caused by City will be reviewed by the City Risk Management office.
Section 8. Termination.
In addition to provisions set forth elsewhere in this Agreement, the Agreement may be
terminated as follows:
(A) If there is nonwmpliance with one or more of the provisions contained herein, the
Parks Director may give Lessee written notice to cure or begin curing the default(s)
within thirty (30) days of receipt of the notice. If Lessee is not in compliance or in
substantial compliance with each provision identified by the Parks Director within
thirty (30) days ofreceiving said notice, or if such noncompliance reasonably
requires additional time if Lessee is not proceeding diligently with curing the
default(s), the City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of continued
noncompliance.
Section 9. Surrender.
Upon termination of this Agreement, Lessee shall return the Premises to City in as good
condition as received, reasonable use and wear, acts of God, fire and flood damage or
destruction where Lessee is without fault.
Section 10. Maintenance of Leased Premises.
While construction is ongoing, City shall mow the Premises. After completion of
construction as described above, Lessee must maintain the Premises and Leased
Premises including the mowing and collecting litter as directed in writing by the Parks
Director.
Section 11. Bvlaws & Officer Contact List.
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Attached as Exhibit is a certified copy of Lessee's Bylaws, Schedule of activities, Hours
and Terms of Operation, Membership and User Fees. Lessee agrees to annually
submit its list of Officers and Board of Directors to the Parks Director, including name,
title, address and phone number.
Section 12. Responsibility for activities on Premises and Leased Premises.
A. Lessee and its members are solely and exclusively responsible for all activities on
the Premises and Leased Premises and have control of the Premises. The City has no
responsibility for safety or any activity on the Premises. Lessee is solely responsible for
safety of all activities on the Premises.
B. Maintenance. Lessee must maintain the Premises. If Lessee fails to maintain the
Premises, or fails to perform repairs in a timely manner, City may do so and bill Lessee.
Lessee must pay City within 30 days of invoice. Maintenance includes at a minimum:
(1) Lessee shall pick up and properly dispose of litter on daily basis whenever the
Premises are being used and weekly during rest of the year.
(2) Lessee shall keep the Premises (including any buildings, temporary or
permanent) operational and in good repair, including but not limited to
maintaining the infield, and cleaning and maintaining interior of building.
(3) Lessee shall keep bleachers safe and in good repair. Lessee must repair the
bleachers within 72 hours after need for repair is or should have been
discovered.
(4) Lessee must immediately report any vandalism to the Parks Director or designee
and Corpus Christi Police Department.
(5) Lessee must keep any parking areas and access road within the Premises free
of debris, properly designated and ensure that parking is confined to designated
areas.
(6) Lessee must maintain the Premises. Lessee shall maintain the grass at safe
height not to exceed six (6) inches. Lessee will water the Premises, in
compliance with any City designated drought plan.
C. Registration. Lessee will promote its programs so that the public is aware of the
Lessee's activities. Lessee will conduct all registrations, take all fees, schedule
all games, including makeup games and playoff games, and provide trophies for
teams in each league.
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D. Utilities. Lessee must install and pay for its own utility meters and Lessee must have
all utility service providers bill Lessee for all utilities, including but not limited to
telephone, electricity, water, wastewater, gas, solid waste.
F. Field Playability. The City reserves the right to cancel play at the Leased Premises
when field conditions, as determined by Parks Director or designee, may cause player
injury or damages to Leased Premises.
Section 13. Alterations.
Lessee may not make any alterations, additions or improvements, to, in or about the
Leased Premises without prior written consent of the Parks Director. All approved
alterations, improvements, and additions made by Lessee upon the Leased Premises,
although at Lessee's expense, shall become the property of the City in fee simple
without any other action or process of law at the end of this Agreement.
Section 14. Tax.
Lessee shall be responsible for any taxes, special assessments, or levies, if any,
assessed during the term against or relating to the Improvements, including ad valorem
taxes pursuant to the Texas Property Tax Code, throughout term of this Agreement.
Lessee must provide proof of payment upon request of Parks Director. Lessee shall
establish and maintain its non-profit status for tax exemption purposes.
Section 15. Assignment and Subleasing.
Lessee must not assign, encumber or sublease this Agreement, without prior written
consent of the City Manager. Any attempted assignment or sublet without prior written
consent renders this Lease void.
Section 16. Payment for Utilities.
Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the
Premises on or prior to the due date for payment. Failure to pay any utility bill on or
prior to the due date is grounds for termination of this Lease.
Section 17. 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,
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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.
Section 18. Advertising.
The Director has the right to prohibit any advertising by Lessee which impairs the
reputation of the Premises or the City.
Section 19. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 20. 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 21. 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 22. 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 23. 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.
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Section 24. Indemnity. Lessee covenants to fully indemnify,
save, and hold harmless the City, its ofhcers, employees,
representatives, 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, 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 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 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.
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,
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attend fo their settlement or other disposition, defend City in all
actions based thereon with counsel satisfactory to Indemnitees,
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 25. 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 m Exhibit B", to the Director and Risk
Management or designee 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.
(E) Lessee shall, prior to any addition or alteration to the Premises or to the
Improvements, obtain clearance, in writing, from Risk Management,
Section 26. Furniture, Fixtures and Equipment.
City has no responsibility to furnish any equipment or furnishings for Lessee. Parks
Director retains right to approve all furnishings, and fixtures that may be installed in the
Premises, prior to installation. At end of the Agreement, any property remaining on the
Premises shall revert to the City for the City's use or disposal.
Section 27. Director's Right to Access Premises.
Lessee shall provide Parks Director with keys to the Premises and a can-ent contact list
in event of emergency. Parks Director and designee have right to enter the Premises
during regular hours of operation or at anytime in an emergency.
Section 28. Insurance.
A. Lessee shall carry with an insurance company or companies satisfactory to
the City Manager the insurance listed on the attached Exhibit.
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Section 29. Appropriations. Lessee recognizes that the continuation of any
expenditure by the City, after the close of any fiscal year of the City, shall be subject to
appropriations and budget approval providing for such expense as an expenditure in
said budget. The City does not represent that said budget item will be actually adopted,
said determination being within the sole discretion of the City Council at the time of
adoption of such budget.
Section 30. Warranty of Title. City does not warrant its title to the Premises. This
agreement and the rights and privileges granted Lessee in and to the Premises are
subject to all covenants, conditions, restrictions, and exceptions of record or apparent.
Nothing contained in this Agreement may be construed to imply the conveyance to
Lessee of rights in the Premises that exceed those owned by City.
Section 31. Notices.
All notices, demands, requests, or replies provided for or 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 ovemight 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:
IF TO LESSEE:
City of Corpus Christi
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361)880-3461
Miracle League of Corpus Christi, Inc.
Attn: President
P. O. Box 531
Corpus Christi, TX 78403
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 32. Reportinsa. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play organized sports each year during the term of this
Lease. The reports must be submitted to the Director by August 31S` of each lease
year.
Section 33. 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. The City
Manager is authorized to execute amendments which do not change the essential
purpose of this Agreement.
Section 34. Waiver.
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(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 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 City may at any time
avail itself of said rights or remedies or elect to terminate this Lease on
account of said default.
Section 35. Force Maieure. No party to this Agreement 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 suspended during this period to the extent performance is reasonably
affected.
Section 36. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 37. _C~a motions. 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 38. 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
Page 15 of 18
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, paragraph, 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
unenforceable under present or future 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 39. 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 40. 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.
Executed in duplicate originals on the ~ day of ,
2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM THI
LISL ,;:(cw
Assistant ity Attor ey
for City Attorney
MIRACLE LEAGUE OF CORPUS CHRISTI, INC.
Name: LSD ; ~., >,,~o,~-~
Title: P,-~ :~~
Date: ~ ~ Z 8-0 ~
CITY OF CORPUS CHRISTI
y ~ ~~~
;4 ~ . Es~1xw, Tn+cnrti
C' y anager
S Z~~ day of ~l _, 2008
~l~,~~ .Sgt AUTHOHI[t~
Rt couNcti. 10 I ~ ti~...~,
s~c~TARr ~-
Page 16 of 18
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of ~ ~~~ ' 2008,
by ~ ~ irti~ ~-Q.Ua,YLP~, President of Miracle League of Corpus Christi, Inc.,
a Texas nonprofit corporation, on behalf of the corporation.
~~q~`~~L~Cru~
Commission expires: ~ ~~~ ~~~
;:^""~ OLGA DELACRU2
i _ ~ Notary Public, State Of Teaas
y~, `~~
~+;!,~;,;,,•• My Commission Expires
Aupusl 19, 2009
Page 17 of 18
EXHIBIT A
Property Description either survey or metes and bounds
LEGAL DESCRIPTION
0.98 ACRE TRACT
EXHIBIT "A"
BEING A 0.98 ACRE TRACT OP LAND OUT OF LO"f G, CLIFF MAIJS TRAC'T'S "C,D,E,F' AND
G" A MAP OF WHICH IS RECORDED IN VOLUME 27, PAGE 95, MAP RECORDS OF NUECES
COUNTY, 'TEXAS, ALSO BEING OUT OF A 91.70 ACRE TRACT OF LAND AS DESCRIBED IN
DOCUMF,NT NUMBER 2002010930, OFFICIAL PUBLIC RECORDS, NUECES COUNTY,
'T'EXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at a 5/8" iron rod found for the northwest corner of said 91.70 acre tract, said
corner being on the east right-of--way line of Airport Road, Thence North 88°29'47" East with the
north line of said 91.70 acre tract, a distance of 548.05 feet to the POINT OF BEGINNING for this
herein described 0.98 acre tract of land;
Thence North 88°29'47" East, with the north line of said 91.70 acre tract, a distance of 215.00 feet to a
point for corner;
Thence South O I °30' 13" East, across said 91.70 acre tract, and perpendicular to said last course, a
distance of 125.00 feet to a point for corner;
Thence South 48°27'58" West, across said 91.70 acre tract, a distance of 163.25 feet to a point for
corner;
Thence South 88°29'47" West, across said 91.70 acre tract, and parallel with its' north line, a distance
of 90.00 feet to a point for corner;
Thence North O I °30' 13" West, across said 91.70 acre tract, a distance of'2'30.00 feet to the YOIN'I' OF
BEGINNING and containing 42,888 square feet or 0.98 acre.
NOTE:
ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORD[NA'I'E SYSTEM FOR
TI IE LAMBERT SOUTI I ZONE (NAD 1983) AND ALL DISTANCES ARE TRUE DISTANCES.
n
VI _
Larry A. I her, KPLS
Registere rofessional Land Surveyor
'T'exas Registration No. 4]47
Naismith Engineering, Inc.
Date: Ju.~ ~ ZO
-4E.'
`, „;
' lY--
S~y~ h
~:
~~;;. <
L:\LANU\8040\M&R's0.98ACRESJoc Pnge I of I
~n
~ tao so o ioo zoo
+E
SCALE IN FEET
$~/
CORPUS CHRISTI
STATE SCHOOL
POINT OF
BEGINNING
N88'29'47'E 548.05' ~ N88'29'47"E 215.00'
o W
~ '
POINT OF o
COMMINCING o
M
hh
N ~N
0.98 ACRE ~
-
~ 42, 888 SQ. FT.
,
,~
x .
~ o
~ ~y
ti ; ~'
tao ~ 91.70 ACRES ,,
o
Z 6
1
$~
n; DOC. /{ 2002010930 g
~
O. P. R. , N. C , TX. '~.
5R~
58879 ~47"W
90.00'
LEGEND:
Nora
AN RFAR/Nf,S ARF CRIO AFAR/NGS RASED ON >'i~F- } ` i • 5~8~ IRF
THE TEXAS COORDINa7E SYSTfAI fOR 7Hf ~1
LAMBERT SOUTH ZONE (N40 1987) AND ALL ~ V-:4~~=;
~ = CA[CULAT£D PO/N7
DISTANCES ARf 7RUf DISTANCES /
I, Larry A. Fisher, Registered Professional
Land Surveyor, hereby certify that this /,
^` ~
~( p 7- p n
EXl7~0~1 B
survey map wee prepared trom en actual on
the ground survey made under my direction
a
d
i
i
d
t
th
f
l
n
superv
s
on, an
repreeen
e
e
ee
s
found at the time of survey, end that this NaismithEngineerir
survey aubetantially complies ~rit6 the ^NeIN![RIN~^lNVIRONMlNTALaI ~I
current standards adopted by the Texas
Roa of Professional 7~gnd s ing. 0.98 ACRE TRACT OF LAND
Q /
~
~ OUT OF A 97.70 ACRE TRACT OF U
~
J
' AS RECORDED IN
Larry A. i er. R.P.L.S. DOCUMENT ,/ 2002010930
Registers oteasional Land Surveyor OFFICIAL PUBLIC RECORDS,
Tezae Regiatretion N
o
. 4147 NUECES COUNTY, TEXAS
~
f
Dnte: ~~,alu A. !_/lftA Ooh 81tM ~ewq LAF sa t"-tOD' ~ MIMC
Page 18 of 18
EXHIBIT B
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement 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, with the City
named as an additional insured for all liability policies. A blanket waiver of subrogation is required 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, material Bodily Injury and Property Damage
change, non-renewal or termination is required on Per occurrence /aggregate
all 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
LIQUOR LIABILITY COVERAGE $1,000,000 COMBINED SINGLE LIMIT
If liquor being served
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any
accidents within ten (10) day of any 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 also required.
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
and a 10 day written notice of cancellation for non-payment of premium is required.
2008 Miracle League lease ins. req.
6-19-OS ep Risk Management
Exhibit C
DESCRIPTION OF IMPROVEMENTS TO BE CONSTRUCTED
14,000 square foot solid surtace baseball field with backstop
and fencing. There will be extra wide dugouts, wheelchair accessible
bleachers, a concession stand and announcers box. Future improvements could
be a scoreboard and stadium lighting. There will be a perimeter security
fence to protect the improvements.