HomeMy WebLinkAboutC2009-058 - 2/10/2009 - ApprovedLEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CORPUS AF2 FOOTBALL, LLC
STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
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 his designee ("City Manager'),
and.Corpus AF2 Football, LLC.
WHEREAS, the City owns the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street,
Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas ("Premises");
WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for business
operations subject to the terms, conditions and covenants contained in this Lease; and,
WHEREAS, City desires to allow Lessee to use the Premises for this purpose.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein,
agree as follows:
Section 1 Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation.
(B) City Manager means the City's City Manager or the City Manager's designee.
(C) Council means the City's City Council.
(D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee.
(E) Finance Director means the City's Director of Finance or the Director of Finance's designee.
(F) Gross Receipts is defined in Section 5(B) of this Lease.
(G) Lease means this lease document, including all attached and incorporated exhibits.
(H) Lessee means Corpus AF2 Football, LLC.
(I) Parks means the City's Park and Recreation Department.
(J) Premises means Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the
Merriman-Bobys House, located at 1521 North Chaparral Street, in the City.
(K) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee.
Section 2 Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for
office space for its business operations. Lessee shall not operate the Premises for any other purpose without Director's
prior written approval.
Section 3 Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the lessee for a term
of approximately six months period, beginning February 11, 2009, ending July 31, 2009, effective upon final City Council
approval, unless sooner terminated as set out herein.
2009-OSS
Ord. 028061
02/10/09
Corpus AF2 Football
Section 4 Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is
the Director.
Section 5 Lease Payments.
(A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly
basis, 25% of monthly Gross Receipts, plus additional monthly rental fee of $500. The monthly rental payment is
prorated for the period of February 11, 2009 through February 28, 2009
(B) "Gross Receipts "means all monies paid or payable to Lessee for merchandise sales made at or from the
Premises, or within the Heritage Park premises. Gross Receipts do not include any taxes that are separately paid
by a customer and directly payable to the taxing authority by the Lessee.
(C) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment
must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box
9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401.
Section 6 Statements; Record Retention.
(A) Lessee must furnish to the Finance Director a certified monthly statement of Gross Receipts and sales taxes on
or before the 10th day of each month during this Lease, itemizing sales amounts and dates and times of operation
for the preceding calendar month. The statement form will be approved, prior to commencement of this Lease, by
the Finance Director. The statement form may be altered, during the term of this Lease, at the Finance Director's
discretion.
(B) Lessee must keep accurate books of account of all Gross Receipts collected. The books of account will be open
for inspection, copying or audit by the City Manager at all reasonable times. Failure to provide the books of
account, upon request of the Director, is cause to terminate this Lease.
(C) All underlying documentation for Lessee's certified monthly statements of Gross Receipts including, but not
limited to, cash register tapes, purchase orders, invoices, and sales receipts must be preserved by Lessee during
the term of this Lease and for at least two years thereafter. Failure to preserve, or to provide to the Director on
request, the documentation, is cause to terminate this Lease.
(D) No later than the last day of the month in which such return is due, the Lessee must provide the Director with
copies of its Texas sales and use tax returns for all sales at the Premises. Failure to provide said copies is cause
to terminate this Lease.
Section 7 Delinquency and Default Regarding Rental Payments.
(A) Lessee is "delinquent" if the City has not received Lessee's monthly rental payment and statement of Gross
Receipts on or before 5:00 p.m. on the 10th day of the month in which payment is due. If the 10th day on the
month falls on a weekend or holiday, the payment and statement of Gross Receipts must be tendered on the first
business day thereafter.
(B) Lessee is in "default" for purposes of Section 24 of this Lease if Lessee fails or refuses to pay the amount due or
provide the required statement of Gross Receipts within five (5) days after the City has sent a written notice of
delinquency to Lessee.
Section 8 Hours of Operation. Lessee will be open to the public and operate the Premises, during normal operating
hours on ayear-round basis. Hours of operation may be adjusted, for scheduled seasonal activities and other special
events scheduled by Parks, with the prior written approval of the Director.
Section 9 Public Tours. Lessee grants to Parks the right to continue free public tours through the Premises.
Section 70 Parking.
(A) Lessee is given, during the term of this Lease, the right to designate up to eight (8) parking spaces within the
general parking area of Heritage Park. If Lessee chooses to designate the parking spaces, the Director shall
determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all
expense associated with designation of the parking spaces.
(B) Lessee's designated parking spaces are for use by customers of the Premises during Lessee's hours of operation
only. At all other times when Lessee is not open under normal operating hours, any member of the public can
utilize the designated parking spaces.
(C) Lessee's designated parking spaces are for use by passenger vehicles only and must not be utilized for
commercial purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or
suppliers.
Section 17 Utilities.
(A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the
Premises and that the provision of this service shall be the responsibility of Parks under the City's present
Heritage Park maintenance program.
(B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of
Lessee's monthly lease payment.
(C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the
garbage dumpster provided by City at the Premises. Any garbage needs Lessee may determine are required at
Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of,
and at the sole expense of, Lessee. Lessee may request that City Director obtain a larger container (6 cubic yard
approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference
between a four (4) cubic yard container and a six (6) cubic yard container.
(D) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service
provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at
Lessee's sole expense.
(E) The Premises is wired for electrical service. Lessee shall bear the cost of all electricity used at the Premises for
the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing
security alarm system in the Premises for the term of this Lease.
(F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and
sewage service by the City, is included and made a part of Lessee's monthly lease payment.
(G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any
additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing,
to the Director for consideration and possible amendment of this Lease.
(H) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein
provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for
termination of this Lease.
Section 12. Taxes. In addition to rent specified herein, Lessee shall pay and discharge all taxes, general and specific
assessments, and other charges of any kind levied on or assessed the Premises and all improvements and other property
on them during the Lease term, whether belonging to the City or Lessee.
Section 13. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas
Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises;
(b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee.
Section 14 Maintenance.
(A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public
parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be
responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations,
unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and
agreed that the City shall maintain the utility tines serving the Premises, subject to sufficient annual budget
appropriations.
(B) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such
maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and
keeping in good repair the plumbing and light fixtures.
(C) Lessee shall be responsible for cleaning the Premises and will supply paper goods and chemicals necessary for
cleaning.
(D) During Lessee's normal business hours, City may enter the Premises for any reasonable purpose, including but
not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may
access the premises at any time for emergency repairs.
Section 15 Furniture, Fixtures, and Equipment.
(A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no
obligation to furnish any equipment or furnishings for Lessee.
(B) All capital construction to the premises, such as installation of plumbing fixtures remain the property of the City.
(C) In the interest of maintaining the current Victorian theme of Heritage Park, the Director shall retain the right to
approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease, prior to
installation.
Section 16 City Use and Special Events.
(A) If Lessee is not using the Premises, City has the right to use any or all of the Premises for City purposes. Lessee
shall not be entitled to any compensation, in whatever form, either tangible or intangible, for the City's use of the
Premises.
(B) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights
without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing
the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to
minimize damage to the Premises.
(C) Lessee acknowledges that Heritage park premises are used for special events which may occasionally interfere
with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any
compensation, in whatever form, either tangible or intangible, for such non-Lessee use.
Section 17 Laws Affecting Operation of Premises and Performance.
(A) Lessee shall ensure that its use of the Premises is in accordance with all applicable Federal, State, and local
laws, ordinances, rules and regulations.
(B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses
and permits. Lessee shall also bear the expense of meeting and complying with all health regulations and
Certificate of Occupancy requirements.
(C) Furthermore, Lessee shall comply with any other Federal, State and local laws, ordinances, rules and regulations
applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the
City Charter.
Section 18 Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable
times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by
above, or for any other purpose incidental to City's retained rights of and in the Premises.
Section 19 Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital
improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the
dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. Lessee agrees
that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for
the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no
obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises.
Section 20 Relationship of Parties. This Lease establishes alandlord/tenant relationship, and none other, and this
Lease must be construed conclusively in favor of that relationship. In pertorming this Lease, both City and Lessee will act
in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or
associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees
or agents of the other party for any purpose whatsoever.
Section 21 Insurance.
(A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and
with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. Lessee
shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance
during the term of this Lease, at the limits and requirements shown on Attachment constitutes grounds for
termination of this Lease.
(B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the
Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice
of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease.
(C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon
written request by the City Manager.
(D) The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by
Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to
decrease coverage, if so warranted. In the event of any necessary increase, Lessee shall receive thirty (30) days
written notice prior to the effective date of the requirement to obtain increased coverage.
(E) In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the
Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of
one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served
or consumed.
(F) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing,
from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the
existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by
Section 21(A), as contained herein.
Section 22 Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants
to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees
(collectively, "Indemnitees") from and agalost any and all liability, loss, damages, claims, demands, suits, and
causes of action of any nature whatsoever 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 other kind whatsoever, to the extent any injury, damage, or loss
may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely,
wholly or in part: (1 j Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and
all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees,
agents, or representatives or by Indemnitees or any of them, of any law,- rule, regulation, ordinance, or
government order of any kind pertaining, directly or indirectly, to this Lease; (4j the exercise of rights under this
Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of
Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation,
exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of
them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs,
and attorneys' fees, which arise, or are claimed to arise, 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, attend to
their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to
City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any
said liability, injury, damage, loss, demand, claim or action.
Section 23 Alterations.
(A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises, without the
prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the
Risk Manager as required by above.
(B) The following are specifically prohibited: Lessee shall not nail into the walls of the Premises; Lessee shall not
make remove any equipment, fixtures or hardware from the Premises.
(B) All approved alterations, improvements, and additions made by the Lessee upon said Premises, although at his
own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of
the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially
responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as
to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property
of the City.
Section 24 Signs.
(A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering
("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval.
(B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or
repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and
Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made,
the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to
terminate this Lease after ten (10) days written notice to Lessee.
Section 25 Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or
any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or
transfer directly or indirectly this Lease unless prior written approval has been obtained from the City.
Section 26 Default.
(A) The following constitute Events of Default under this Lease:
(i) default in the payment of rent or other payments hereunder;
(ii) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account;
(iii) failure to furnish an accurate statement of Gross Receipts to the City, failure to furnish quarterly sales tax
reports for all sales made on and at the Premises, or failure to furnish the books of account for inspection;
(iv) failure to pay utilities before the due date;
(v) failure to perform scheduled maintenance;
(vi) abandonment of the Premises;
(vii) failure to maintain any insurance coverage's required herein;
(viii) failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises; and
(ix) failure to keep, perform, and observe any other promises, covenants and conditions contained in this
Lease.
(B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right
given hereunder or by law:
(i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be
no earlier than five (5) days after the giving of such notice; or
(ii) immediately or at any time after the occurrence of such Event of Default and without notice or demand,
enter upon the Premises, or any part thereof in the name of the whole, and, upon the date specified in a
notice, if given, or in any notice pursuant to law, or upon such entry, this Lease terminates.
Section 27 No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this
Lease.
Section 28 Notice.
(A) 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: (I) by personal delivery; (ii) by deposit with the
United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by
prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid;
or (v) by fax transmission.
(B) 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. Notice by fax transmission will be deemed effective upon transmission
with proof of delivery.
(C) All these communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi Corpus Christi Sharks
Park and Recreation Department Attn: General Manager
P. O. Box 9277 101 North Shoreline Suite 208
Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401
Attn: Director of Park and Recreation
(D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify
the City of an address change within ten (10) days after the address is changed.
Section 29 Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor permit discrimination
against any person or group of persons, with regard to employment and the provision of services at, on, or in the
Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited
by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the
United States may direct to enforce this covenant.
Section 30 Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless
the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each
party.
Section 31 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, shall not be deemed a waiver by said party of any of its rights hereunder. 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. 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 shall not be deemed a consent or approval of the same or any other
action at any other occasion.
(B) 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 understood that, if at any time Lessee is in default in any of its conditions or
covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which
the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of
said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a
breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any
subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the
terms of this Lease or estopping the parties from enforcing the terms of this Lease.
Section 32 Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause
beyond their control including, without limitation, any delays or failures 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. These delays or failures to perform shall extend the period of performance until these exigencies have been
removed. The Lessee shall inform the City in writing of proof of such force majeure within three (3) business days or
otherwise waive this right as a defense.
Section 33 Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly
conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation
of this Lease, 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. Any reasonable costs incurred for repairs or corrections for which
Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment
date, or within 30 days written demand.
Section 34 Enforcement Costs. In the event any legal action or proceeding is undertaken by the City to repossess the
Premises, collect the lease payment(s) due hereunder, collect for any damages with regard to this Lease, to the
Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and
the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding, or in
the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City.
Section 35 Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance,
as required by the City Charter, in the legal section of the local newspaper.
Section 36 Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of
contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed.
Section 37 Survival of Terms. Termination or expiration of this Lease for any reason shall not release either party from
any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall survive any such
termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any
such termination or expiration.
Section 38 Construction of Ambiguities. The parties expressly agree that they have each independently read and
understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter.
Section 39 Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify
the terms or provisions hereof.
Section 40 Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to
termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the
termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law,
for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee.
Section 47 Entirety Clause. This Lease and the incorporated and attached 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, 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 relating to Lessee's operations and the Premises to be used in
the operations.
Section 42 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.
EX U ED IN DUPLICATE, each of which shall be considered an original, on the /D`~~ay of
2009.
to
ATTEST:
CITY OF CORPUS CHRISTI
~~~"~jS~
Armando Chapa g R. Escobar
City Secretary Cit Manager
APPROVED A$ TO LEGAL FORM this '~~ day of ~ , 2009.
By: ~~"
Lisa Aguilar
Assistant City Attorney
for City Attorney
LESSEE:
STATE OF TEXAS §
COUNTY OF NUECES §
DGGL~t.1L...~.°.~, AU fHUKIZ~D
er counca., o~..~a..~~
-- - ---5ECafT ~•
Before me the undersigned authority, on this day personally appeared L~1'~^~ ~~ nd~ the
~JI' S Li M for the Corpus AF2 Football, a limited liability company, known to me to be the person and
officer whose name is subscribed above, and acknowledged to me that he executed the same as the act of Corpus AF2
Football, LLC for the purposes and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE ~~ DAY OF ~ unuar' ~ 2009.
Notary Public ~
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LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required 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 any subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, 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 must be named
as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all
applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, material Bodily Injury and Property Damage
than e, non-renewal is re wired on all certificates Per occurrence a re ate
Commercial General Liability including: $500,000 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
LIQUOR LIABILITY COVERAGE $1,000,000 COMBINED SINGLE LIMIT
If liquor being served
Lessee will be responsible for any and all
Property Coverage damage to equipment used regardless if owned,
rented, leased or borrowed.
WORKERS' COMPENSATION Applicable when employs paid employees,
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY
$500,000
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any
accidents within 10 days of the accident.
2009 Merriman-Bobys House (ease agreement ins. req.
1-21-09 ep Risk Mgmt.
II. ADDITIONAL REQUIREMENTS
A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient
to assure that all workers' compensation obligations incurred by the Lessee will be promptly met.
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B. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the General Liability coverage and a
blanket waiver of subrogation in favor of the City 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.
• Insurance Carrier must be rated in A. M. Best with a minimum acceptable ratinf of !-vii or better.
• The name of the project must be listed under "Description of Operations"
• At a minimum, a 30-day written notice to the Risk Manager of cancellation, material change, non-renewal or
termination is required.
2009 Merriman-Bobys House lease agreement ins. req.
1-21-09 ep Risk Mgmt.