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HomeMy WebLinkAboutC2008-503 - 12/9/2008 - ApprovedC~ a-f~o~ooa3 EQUISTAR PARK LEASE AGREEMENT 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"), Nueces County ("County") acting through its duly authorized agent, and War-Cat Youth Football League ("Lessee"), a Texas non-profit corporation, acting through President of Lessee. WHEREAS, the City and County jointly own Equistar Park; a portion of which will be known as the "Premises"; WHEREAS, the Lessee desires to use the Premises for its football sports program; and WHEREAS, the City and County desire to allow Lessee to use the Premises for its football sports program. NOW, THEREFORE, the City, County, and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is one year (1) year, beginning on date of last execution, which is ,unless sooner terminated as set out herein. The term includes an option to extend for two additional one year terms subject to the approval of the Lessee and the City Manager or his designee ("City Manager".) Section 2. Contact Person/Lease Administrator. For this Lease, the contact person and lease administrator for the City and County is the Director of Parks and Recreation or his designee ("Director"). Section 3. Premises and Improvements. City and County lease to Lessee the Premises, as described and delineated as "Site A" 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 utilize the premises in accordance with City's bid invitation BI-0035-09 to operate a football sports program in accordance with Lessee's proposal, both of which are incorporated by reference as if fully set out herein. Lessee must also_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 operational and in good repair the fields, irrigation systems and fair weather parking area, which is located on the Premises; 2008-503 Ord. 027962 12/09/08 Nueces County/War-Cat Football (C) Lessee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; (D) Lessee must keep safe and in good repair the bleachers; Lessee must repair the bleachers within 48 hours after the need for repair is, or should have been discovered; (E) Lessee shall keep the access roads: dust free, 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; (F) Lessee shall maintain the sports fields within the Premises boundary lines. Grass on the sports fields must not exceed three (3) inches. Lessee must mow the sports 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 fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the sports fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease. (G) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the sports fields as set out in Section 4 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 (H) Lessee must provide portable toilets for public use whenever the Premises are being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances require as determined by the Director. 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. Ciry and County retain 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 youth program purposes. 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 scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. 2 Section 7. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a youth 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 and County 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, Nueces County, 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. 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 pertormance 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 pertormed. 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 and County or their agents. If legal action is undertaken to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the 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, County, their respective officers, 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 and or County 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 sports 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 sports program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its 4 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 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. Lessee covenants and agrees that if City or County 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 and County in all 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 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, m 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 the term o is ease. Section 20. Termination. If there is noncompliance with one or more of the provisions contained herein, the Director shall give Lessee written notice to cure or begin curing the 5 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, this Lease will terminate for cause upon written notice of termination and listing one or more areas of continued noncompliance. Section 21. Notice. 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. 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. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks & Recreation P. O. Box 9277 Corpus Christi, (361)880-3461 TX 78469-9277 IF TO COUNTY: IF TO LESSEE: War-Cat Youth Football League Attn: President P. O. Box 8525 Corpus Christi, TX 78468 Phone: (361)265-9264 Nueces County Judge County Courthouse 901 Leopard Rm 303, Corpus Christi, Texas 78401 Any party may change the address to which notice is sent by using a method set out above. Lessee will notify the Director 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 football each year during the term of this Lease. The reports must be submitted as requested by the Director. Section 24. Holdover. Upon expiration of this Agreement, Lessee may holdover upon the same terms and conditions for a maximum of 12 months. If use of the Premises is granted to someone else, Lessee must vacate the Premises within 30 days after receipt of Director's notice to vacate. During the holdover period, this agreement may be terminated without cause upon 30 days written notice. 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 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 27. Force Maieure. No party to this Lease will be liable for failures or delays in pertormance 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 assigned, transferred, or sublet directly or indirectly without the prior written consent of the other parties. Section 29. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. No publication is required for a one year lease. Section 30. Ca~tio~ns. 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, 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 32. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant complete a state or nationally recognized, or Director approved, parent and coach sportsmanship program prior to the first game of the season for specific sport. 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 parties. EX TED IN T IPLICAT each of which shall be considered an original, on this the day of , 2008. War-Cat Youth Football League By: -, President, Rita Olivarez Date: i~~ 3-~`~ STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before Rita Olivarez, President of War-Cat Youth me on a.1PC'~I,u~aerc--3 , 2008, by =ootba j,League, on behalf of said organization. (l Nota ublic, ate of Texas JOSIE EVERETT Notary Public, State of Texas ~ f, 5' ~D ~ r 1~ ~ ~,F My Commission Expires rinted name: U 1. V 77 Octobei17,2009 Commission expires: NUECES COUNTY By: Narr Title Date CITY OF CORPUS CHRISTI 'Angel cobar, City Manager .~ Date: L41-CI •-Cr? 9T QOtlRfIL ATTEST: Armando Chapa, City Se retary Approved as to legal form this 3 day of December, 2008. ay: ~--~ Lisa Aguilar, A istant City Attorney For the City Attorney ARY 9 /~ DflAWAGE eASE}IENT -_ ~. __ a a u', q ffi i'~ EXHIBIT B INSURANCE REQUIREMENTS I. SUCCESSFUL BIDDER'S LIABILITY INSURANCE A. Successful Bidder must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Successful Bidder must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Successful Bidder must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured on the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal 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. Personal Injury -Advertising Injury C. In the event of accidents of any kind, Successful Bidder must furnish the City's Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Successful Bidder's financial integrity is of interest to the City and County; therefore, subject to Successful Bidder's right to maintain reasonable deductibles in such amounts as are approved by the CiTy, Successful Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Successful Bidder's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Successful Bidder shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Successful Bidder shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # C. Successful Bidder agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City of Corpus Christi and Nueces County and their officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City and the County, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi and Nueces County where the City and the County are additional insureds' shown on the policy; • Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi and Nueces County of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City and the County. City and County shall have the option to suspend Successful Bidder's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. In addition to any other remedies the City and County may have upon Successful Bidder's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City and County shall have the right to order Successful Bidder to stop work hereunder, and/or withhold any payment(s) which become due to Successful Bidder hereunder until Successful Bidder demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Successful Bidder's or its subcontractors' performance of the work covered under this agreement. G. It is agreed that Successful Bidder's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi and Nueces County for liability arising out of operations under this contract. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2008 RFP for Lease of Equistar Ball Fields Ins .req. 9-16-08 ep Risk Mgml.