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Home My WebLink AboutC2009-072 - 1/22/2009 - NAAUTHORIZED USE AND ACCESS AGREEMENT FOR THE CITY OF CORPUS CHRISTI POLICE DEPARTMENT POLICE MOTORCYCLE TRAINING COURSE Event: Police Motorcycle Training Course Location: South (Large) Parking Lot or Pazking Lot A Participant: Corpus Christi Police Department, Approximately 60 officers or students Date: February 2, 2009 -February 6, 2009 and February 9, 2009 -February 13, 2009 Time: 7:00 a.m. to 5:00 p.m. This Authorized User Agreement (the "AGREEMENT") is entered into this o?a~ of January, 2009, by and between the CORPUS CHRISTI BASEBALL CLUB, LP., a Texas limited partnership, d/b/a Corpus Christi Hooks ("HOOKS") and the CITY OF CORPUS CHRISTI ("CITY"), a Texas home rule municipal corporation, and its CORPUS CHRISTI POLICE DEPARTMENT ("USER"). RECITALS: WHEREAS, the Port of Corpus Christi Authority of Nueces County (the "PORT") owns title to certain real property and any improvements thereon, a certain tract of land located in Corpus Christi, Nueces County, Texas, designated as "South Parking Area" or "Lazge Parking Lot" or "Lot A," and referred to herein as "Whataburger Field Facilities" (WFF) or the "Premises"; and WHEREAS, the Port of Corpus Christi (the "PORT") leases the pazking lot or Premises to the CORPUS CHRISTI BASEBALL CLUB, LP., a Texas limited partnership, d/b/a Corpus Christi Hooks (the "HOOKS"), the current tenant and the operating management team of the WHATABURGER FIELD FACILITIES (the "WFF"); and WHEREAS, the Corpus Christi Police Department, a department of the City of Corpus Christi, desires to obtain access and use of the South (Lazge) Parking Lot for the purposes of conducting its Police Motorcycle Training Course ("USE"), from February 2, 2009 to February 6, 2009 and February 9, 2009 to February 13, 2009, between 7:00 a.m. to 5:00 p.m.; and WHEREAS, the HOOKS desires to grant to the CITY's Police Department the requested access and use of the Premises, NOW THEREFORE, and in consideration of the following promises, covenants, and conditions, the HOOKS and USER (the "PARTIES") agree as follows: 1. FACILITIES USE. The HOOKS do hereby grant, subject to the terms and provisions hereto, to USER permission to use the specified azea(s), ingress and egress thereto via corridors and public areas devoted to ingress and egress (herein refers to as "AUTHORIZED AREA") for the 2009-072 it A (a copy of the Description and General Terms of Authorized 01/22/09 and incorporated herein for all purposes), and no other purpose. Page 1 of 3 CC Baseball Club 2. CERTIFICATE OF INSURANCE. The CITY is self-insured and agrees to maintain insurance in the amount shown in the attached copy of the Certificate of Insurance to cover any liability and property damages arising out of the CITY's use of the AUTHORIZED AREA under this AGREEMENT. The CITY'S liability is limited to those damages arising out of USER'S use of the AUTHORIZED AREA from February 2, 2009 to February 6, 2009 and February 9, 2009 to February 13, 2009 between 7:00 a.m. to 5:00 p.m., and the CITY assumes no other liability or on any other premises. 3. ASSUMPTION OF RISK ASSOCIATED WITH THE AUTHORIZED USE OF THE PREMISES GRANTED. USE of the AUTHORIZED AREA is at the sole risk of the USER/CITY. The CITY, its officers, agents, and employees agree to hold the HOOKS harmless for any damages or liability arising out of the USE authorized under this AGREEMENT. The CITY/USER shall not assume any risk for damages caused by (or alleged to have been caused by) any third party. 4. PARKING. The HOOKS will not charge USER a daily parking fee. 5. TERMINATION. In accordance with the terms of this AGREEMENT, the HOOKS may terminate this AGREEEMENT and exclude USER from the premises if USER fails to meet any of the terms or conditions set forth herein and the failure is not cured within five (5) working days after the day that written notice of the failure from HOOKS is received by USER. 6. INFLAMMABLE MATERIALS. USER shall not use open flames, or use or store oils, burning fluids, camphene, kerosene, naphtha or gasoline or other gases for either mechanical or other purposes. 7. FORCE MAJEURE. In the event HOOKS'S obligations to USER under this AGREEMENT should be caused to be delayed, prevented or rendered impractical by any of the following events: fire, flood, riot, earthquake, civil commotion, strike, lockout, labor disturbances, explosions, sabotage, accident, war, other casualty, act of God, requirement or direction of the league, Major League Baseball, the officer of the Commissioner of Baseball or the NAPBL, or any other unforeseeable cause beyond HOOKS'S reasonable control, HOOKS shall not be liable to perform. 21-Jan-09 Page 2 of 3 8. CONTACTS & NOTICES. All Notices required under this AGREEMENT must be sent to the attention of the Contact Person, addressed as follows: to HOOKS: CORPUS CHRISTI HOOKS ATTN: Tina Athans, Director of Stadium Operations 734 E. Port Avenue Corpus Christi, Texas 78401 to USER: CITY OF CORPUS CHRISTI - CCPD ATTN: Captain Michael McKinney 321 John Sartain Corpus Christi, Texas 78401 9. GOVERNING LAW AND VENUE. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of Texas and venue lies exclusively in Nueces County, Texas. 10. EXECUTED by the Parties, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the Parties. CORPUS CHRISTI BASEBALL CLUB, LP, d/b/a CORPUS CHRISTI HOOKS: By. d,K~.. aoZ OC..CJ 1 Name: . M • Date Title: U.ll?1 CITY OF CC~~RISTI: Michael^l !Walsh, Acting Police Chief City of Corpus Christi Police Deparhnent APPROVED AST EGAL FORM: January 21, 2009 T. ris ang Police Legal Advisor ( 220 cl Date 21-Jan-09 Page 3 of 3 Ot-22-09; 05: 43PM; EXHIBIT A DESCRIPTION AND GENERAL TERMS OF AUTHORIZED AREA # t/ t The HOOKS' do hereby grant, subject to the terms and provisions hereof, to USER permission to use the following specified area(s), ingress and egress thereto via corridors and public areas devoted to ingress and egress, (the "Authorized Area"), for the following use and no other purpose (the "Permitted Use's: Number of Licemse Date Hours Function Setuu Location Peoale Fee 2-6 Feb lam-Spm Safety course all day parking Iot A ~20 None 9-13 Feb lam-5pm Safety wurse all day parking lot A ~20 None ADVANCE DEPOSIT(S): Zero Dollars ($ 0.00 ) ESTIMATED EXPENSES: FACILITY SERVICES: N/A Pool and Hot Tub (for SO people for 4 hours) $ 0.00 N/A (each additional hour) $ 0.00 NIA Picnic Area $ 0.00 N/A Field Use $ 0.00 N/A LED Video Board (first two hours) $ 0.00 N/A LED Video Board (each additional hour) $ 0.00 N/A Use of Stadium Sound System (first two hours) $ 0.00 N/A Use of Stadium Sound System (each additional hour) $ 0.00 N/A Use of Field Microphone $ 0.00 N/A Use of Stadium Lights (first two hours) $ 0.00 N!A Use of Stadium Lights (each additional hour) $ 0.00 N/A Scrolling Marquee (per week) $ 0.00 N/A Event Personnel (events outside normal business hours) $ 0.00 X Parking Lot (South lot) $No chazge N/A Parking Lot Lights $ 0.00 N/A Cotton Club $ 0.00 Page 7 of 8 xousroxoinxroooo~ awasrz Oi-22-09;05: 32PM; ENTERTAINMENT EQUIPMENT: # 8/ e N/A Moon Jump (4 hours) $ 0.00 N/A Speed Pitch (4 hours) $ 0.00 NIA Rock Wall (4 hours) $ 0.00 N1A Sport Court (4 hours) $ 0.00 N/A Sport Court (each additional hour) $ 0.00 N/A Clean Team $ 0.00 TOTAL CHARGES: Facility Services/Equipment Total: $ No charee Deposit (10% of Total Price) $ 0.00 Estimated Services/Equipment $ TOTAL: $ No Charee NOTE: THIS IS STRICTLY AN ESTIMATE. AMOUNTS PAID IN ADVANCE WILL BE SUBTRACTED FROM ACTUALS. INVOICE OR REFUND WILL BE SUBMITTED WITH EVENT RECONCII.IATION. Total estimated expenses due N/A "NOTE: ADDITIONAL SERVICES ARE AVAILABLE UPON REQUEST. Any changes to this list will be at USER's expense. Items listed as included are based upon set-ups and attendances as outlined in Section I -Facilities Use. Equipment needs that increase or exceed what is presently outlined shall be billed at the rates shown above. Page 8 of 8 HOUSfON°I)RY°000149445N2 ACORD~, CERTIFICATE OF INSURANCE ISSUE DATE 01/06/2009 PRODUCER MCGRIFF, SEIBELS 8 WILLIAMS OF TEXAS, INC. 5080 Spectrum Dr Suite 900E This certficete is issued as a matter of information only and confers no fights upon the Certificate Holder. This Certificate does not amend, extentl or alter the coverage afforded by the policies below. ., Addison, TX 75001 (469) 232-2100 COMPANIES AFFORDING COVERAGE Comppany Star Insurance Company INSURED City of Corpus Christi, Texas Company B P O Box 9277 Corpus Christi, TX 78469-9277 Company C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Nolvrithstanding any requirement, term or condition of contrail or other document with respell to which this certificate may be issued or may pertain, the insurance affordetl by the policies tlescribed herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been retluced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY CP0267789 03101/2008 EACH OCCURRENCE $ 3,000,000 l81 Commerae~ General Liebiiity 03/01/2009 FIRE DAMAGE $ ^ Claims Maae ®oaurrence ' ' MEDICAL EXPENSE $ Owners and Conlrectore Protection ®Exreas COrarege PERS. AND ADVERTISING INJURY $ p GENERAL AGGREGATE $ 6,000,000 Ganerei Aggregate ~nnit eppiiea per: PRODUCTS AND COMP. OPER. AGG. $ l~ Pdiry ^ Project ^location A AUTOMOBILE LIABILITY CP0267789 03/01/2008 COMBINED SINGLE LIMIT $ 3,000,000 CfiAmAUtanabiie 03/01/2009 BODILY INJURY Per arson $ ^ All Qvned ANOmobilas 80DILY INJURY Per accident $ ^sUtedabd Automobiles ^ Nired ANOmabilee PROPERTY DAMAGE Per accident $ ^ Non-owned Aulomobiiee COMPREHENSIVE ® Excess Liabiiily COLLISION A WORKERS' COMPENSATION CP0267789 03/0112008 WC S atu o Limit X Other AND EMPLOYERS' LIABILITY 03/01/2009 EL EACH ACCIDENT $ 500,000 EL DISEASE Each em to ee $ 500,000 EL DISEA E Polic Limit $ 500,000 A EXCESS LIABILITY CP0267789 03/01/2008 EACH OCCURRENCE $ 3,000,000 ®Oaurterice ^Claims Metle 03101/2009 AGGREGATE $ 6,000,000 RetentioNDedudide 500,000 $ CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 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