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HomeMy WebLinkAboutC2009-078 - 2/2/2009 - NAASSIGNMENT TO PADRE YOUTH FOOTBALL LEAGUE OF LEASE BETWEEN CITY OF CORPUS CHRISTI AND SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: South Texas Youth Football League , ("Lessee"), and Padre Youth Football League ("Assignee") request that the City of Corpus Christi ("City") approve the Assignment of Lease between the City and Lessee dated October 26, 2004, copy attached, whereby Assignee shall have all responsibilities and obligations under the lease. This Assignment is effective as of August 28, 2006. Lease assigned effective as of August 28, 2006, subject to City Manager approval. SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. By: ~~•~ I'k.~~1r~ Date: /-.7~ - O 9 President ~~/1i. Zvn.~_ Printed Name STATE OF TEXAS § COUNTY OF NUECES § s 'nstru nt was acknowledged before me o ~ , 2008, by oh - ,President, of South Texas Youth Football League, Inc., a T xa nonprofit co oration, on behalf of the corporation. °o~'-"••°`~;• DONNA 1. DELEON i~ Notary Puhlic ',~ ~~~p ~ STATE OF TEXAS of ry Public ~~oF;~.•. My Comm. Exp. OS-11-2012 2009-078 02/02/09 Padre Youth Football League Lease Assignment accepted by Padre Youth Football League, effective as of August 28, 2006, subject to City Manager approval. Padre Youth Football League By: Q. o:.~~i President Date: ~~~~~ I ~ ~O hn /Y. ~ilell Printed Name STATE OF TEXAS § COUNTY OF NUECES § ent was acknowledged before me on ~~~~`--, 2008 by I I ,President, of Padre Youth Football League, a Texas organization, on behalf of Padre Youth Football League. fro~~""'°4~.,. DONNA L QELEON !, ~ Notery Public ~ Public ~ ~~, STATE OF TEXAS ''.~~oF;cn`'..' My Comm. Exp. OB-11-2012 Assignment of Lease approved by the City of Corpus Christi on ~c~yyi~+ 2 'Zv~9 P968, effective as of August 28, 2006. ATTEST: Armando Chapa; ~ii-y e~Yrt-~°S CITY OF CORPUS CHRISTI ~~~ ~~~ '/Xhg~l R. Escobar, City Manager Approved: ala/°5 ~~ Lisa Agin ,Assistant City Attorney for the City Attorney Page 1 of 13 BILL WITT PARK FIELD LEASE >£ USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This lease is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. ("Lessee"), a Texas nonprofit corporation, Corpus Christi, Texas, operating for the purpose of providing youth football programs for the citizens of Corpus Christi, acting through its duly authorized President. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. Clty Council means the City Council of the City. City Manager means the City Manager of the City or the City Manager's designee. Director means the City's Director of Park and Recreation. Engineering Services Director means the City's Director of Engineering Services. Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to provide consideration in lieu of paying rent to the City under the terms of this lease. Improvements means buildings and other structures located on the Premises. Lease means this document, including all attachments and exhibits that are referred to in this document. Lessee means SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC., a Texas nonprofit corporation, Corpus Christi, Texas. 2004573 ~n means the City's Park and Recreation Department. 10/19/04 Ord025998 =•SouthTexasYouthFootballLeague.Lease.UseAgmt.doc South Tx Youth Football League Page 2 of 13 Park and Recreation Director means the City's Director of Park and Recreation or that Directors designee. Premises means field numbers 1, 2, 3, 4, 5, 16, and 17 in Bill Witt Park as shown on the attached drawing, Exhibit A7, together with all improvements. Regular hours of operation means the regularly scheduled hours of Lessee's operation. Risk Manager means the City's Director of Risk Management or that Director's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. , Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to provide youth football programs for the citizens of Corpus Christi. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Director. Section 3. Leased Premises. The Leased Premises is field numbers 1, 2, 3, 4, 5, i6, and 17 in Bill Witt Park as shown on the drawing attached as Exhibit A1, together with all improvements. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. The detailed conditions for using the Leased Premises are contained in the attached Exhibit A2. Exhibit A2 may be amended as often as necessary upon mutual agreement by the Park and Recreation Director and the Lessee. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years subject, however, to the right of either party to cancel this Lease by giving thirty (30) days written notice to the other party, unless sooner terminated under Section 31. This Lease begins on the 61 st day after final Council approval. a. Lessee may continue to occupy the Premises after the expiration of this Lease on a month-to-month tenancy if the Lessee continues to provide consideration in lieu of paying monthly rent as required by this Lease and upon the same terms and conditions as set out in this lease. H:\LEG-DIR\OIgaR\DoylelPark & Rec\09141MDC.SouthTexasYouthFootballLeague.Lease.UseAgmt.doc Page 3 of 13 b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month-to-month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises or if the Lessee fails to take possession of the Leased Premises within ten days after commencement of the term of this Lease, then this Lease shall terminate automatically and City Manager may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 8. Cessation of Use. a. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right during the first year following the cessation of use to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to the effective date of termination. c. If the cessation of use occurs and continues for one year or longer, and Lessee does not exercise the right to terminate this Lease, then the City may terminate this Lease by giving Lessee at least one (1) months notice prior to the effective termination date. d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon termination, but no consideration provided prior to termination will be refunded. e. During any cessation of use, lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in Sections 2, 4, 22, 24, 28, and 29. Upon termination or expiration of the Lease, the Lessee must, if requested in writing by the Director, remove the race track from the Leased Premises under Section 12e. Section 9. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, iermination, 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. Section 70. Lease Consideration. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must construct, maintain, and operate a public youth football program on the Premises. Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as shown in the attached Exhibit "A2" and as directed in writing by the Director. H:\LEG-DIR\OIgaRlDoyle\Park & Rec\091404DC.SouthTexasYouthFootballLeague.Lease.UseAgmt.doc Page 4 of 13 Section 11. Articles of Incorporation, Bylaws, and Membership and User Requirements; Hours and Terms of Operation; Lessee Responsible for Activities. a. Articles of Incorporation, etc. Attached as Exhibit B is a certified copy of Lessee's Articles of Incorporation, Bylaws, and Membership and User Requirements. Attached as Exhibit C is a certified copy of Lessee's Schedule of Activities, Hours and Terms of Operation, and Membership and User Fees. Membership and User Requirements and Fees must be reasonable so that the Premises and improvements are reasonably available for use by the public. Exhibits B and C are collectively referred to as "operation documents." Lessee may not make any change in the originals of any of these operation documents without prior written consent of the Director. The written consent and certified copies of the revised operation documents must be attached to this lease as Exhibits. b. Lessee responsible for activities on Premises. Notwithstanding any right of City to inspect or approve any improvement or activity under this lease, Lessee covenants that it and its members are solely and exclusively responsible for all activities on the Premises and have control of tha Premises; that the City has no responsibility for safety of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection or action. Lessee is solely responsible for the safety of all activities on the Premises. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 29.f. of this Lease. b. Lessee, if directed by the Director, must construct and maintain screening or other safety barriers to ensure, to the extent reasonable, that baseballs are confined to the premises. c. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Park and Recreat/on Director, and Engineering Services Director for review and written consent. d. If the Park and Recreation Director and Engineering Services Director consent to, and the Risk Manager grants clearance for, the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction; and the construction is subject to inspection by the Park and Recreation Director, Engineering Services Director, City's Building Official, and their designated representatives. e. All approved alterations, improvements, and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually H:\LEG-DIR\OIgaR\Doyle\Pad<& Rec\091404DC.SouthTexasYouthFootballLeague.Lease.UseAgmt.doc Page 5 of 13 and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner that they become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the Ciry. Section 13. Taxes, Assessments, Licenses, and Fees. a. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Leased Premises; this includes, but is not limited to, any ad valorem taxes, personal property taxes, and sales taxes, that could be assessed against the Leased Premises and any buildings, improvements, or fixtures appurtenant to the Leased Premises.. b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employers Tax Guide, publication 15, as it maybe amended. c. Lessee must provide proof of payment of all taxes within 30 days after Director requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period that may occur. Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 16. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager, which approval will not be unreasonably withheld. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. H:\LEG-DIR\OIgaR\Doyle\Padc 8 Rec\091404DC.SouthTexasYouthFootballLeague.Lease.UseAgmt.doc Page 6 of 13 e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Director. b. The 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 the Director's written demand, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Alternatively, the City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. c. Lessee must post the Premises with signs warning that it is a baseball field and no trespassing is allowed. The Director shall approve the wording on the signs and shall determine the placement of the signs. Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will 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 the action as the United States may direct to enforce this covenant. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. H:\LEG-DIR\OIgaR\Doyle\Padc & Rec\091404DC.SouthTexasYouthFoot6allLeague.Lease.UseAgmt.doc Page 7 of 13 Section 23. Furniture, Fixtures, and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or fumishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. c. The Director retains the right to approve all fumishings and fixtures that may be installed in the Premises, during the term of this Lease and any Holdover Period, prior to installation. Section 24. Utilities. Lessee must pay for all utilities used by it on the Premises or used by any other activities sponsored by the Lessee on the Premises. Section 25. City's Right of 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 Section 22 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 26. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers, for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Section 27. City Use. The 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. Section 28. 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 against 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'compensafion and death claims, or property loss or damage of any other kind whatsoever, to H:\LEG-DIR\OIgaR\Doyle\Park 8 Rec1091404DC.SouthTexasYouthFootballLeague.Lease.UseAgmt.doc Page 8 of 13 the extent any injury, damage, or loss 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) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under 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; (4) 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 relating to this Lease with legal counsel satisfactory to the City Attorney, and pay al! charges of attorneys and all other costs and expenses of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. Section 29. 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 attached Exhibit D, 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 Exhibit D, 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. H:\LEG-DIR1DIgaR\Doyle\Park & Rec1091404DC.SouthTexasYouthFootballLeague.Lease.UseAgmt.doc Page 9 of 13 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 retains 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 must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. If alcoholic beverages are served on or in 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. f. Lessee shall, prior to any addition or ateration 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 12(a) of this lease. Section 30. Default. The following events constitute default under this Lease (1) Failure to provide consideration in lieu of paying rent or failure to make other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) 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 the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any H:1LEG-DIR101gaR\Doyle\Park 8 Rec\091404DC.SoulhTexasYouthFootballLeague.Lease.UseAgmt.doc Page 10 of 13 notice issued under law, the City may enter into and upon the Leased Premises and retake possession, by legal proceedings or othenrvise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. Section 32. Enforcement Costs. If the City files any legal action or proceeding to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 33. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each parry. Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 35. 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 deposk 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 the communications must only be made to the following: IF TO CITY: City of Corpus Christi Park and Recreation Dept. P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn: Director of Park & Recreation (361)880-3464 IF TO LESSEE: David Hessong, President South Texas Youth Football League, Inc. 6718 Drake Corpus Christi, Texas 78413 (361)815-5423 H:\LEG-DIR\OIgaR\Doyle\Padc & Rec\091404DC.SouthTezasYOUth FooiballLeague.Lease.UseAgmt.doc Page 11 of 13 d. Either party may change the address to which notice is sent by using a method set out in subsection (a) of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's 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. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 37. Relationship of Parties. This Lease establishes alandlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, the City and Lessee will each 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 may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 40. Interpretation. This Lease shall 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 41. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 42. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 43. Severability. a. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or H:\LEG-DIR1O1gaR\Doyle\Padc & Rec\091404DC.SouthTezasYouthFoolballLeague.Lease.UseAgmt.doc Page 12 of 13 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 the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment. 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, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the 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 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. Ail other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, 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 46. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 47. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. EXECUTED IN DUPLICATE ORIGINALS on the ~' ~~day of ~~ ~~'""~~"~ , 2004 ATTES CI F CORPUS CHRISTI Armando Chapa o e K. Noe City Secretary City Manager PRO D 14 September 2004 ~,~~~. Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney (Gi. L7 Z-S`l`I~ AU 1 MO~~[t~ fsT C~LtdCiL _---._•~6~19L~ ';~ t~RE 7AUV~'(,(~ H:\LEG-DIR\OIgaR\Doyle\Padc 8 Rec\091404DC.SouthTexasYouthFootballLeague.Lease.UseAgmt.dx Page 13 of 13 STATE OF TEXAS § COUNTY OF NUECES § ((~~ This instrument was acknowledged before me on ~7" , 2004, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home-rule Municipal Corporation, on behaff of the corporation. CJu""""`^^'~~N l/~/ ray, cW+M6 Peek. •J,n ~`F miwanE ~, ',M M7 Gum T \~ ~~ Novambat 09.2 Notary Public, State of Texas 3'--" F Printed Name: Expiration Date: LESSEE: ASSOCIATION, INC. David STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~~ Se-r~~~^~-''~' , 2004, by David Hessong, President of South Texas Youth Football League, Inc., a Texas nonproftt corporation, on behalf of the corporation. Notary Public, State of Texae s Printed Nam `~' Notary Pub9c. State of Texas i i MY CommstAon Expires Expiration D ~ •• b° ~EwattcJ2r100 H:\LEG-DIR\OIgaR\Doyle\Park & Rec\091404DC.SouthTexasYouthFOOtballLeague.Lease.UseAgmt.doc ~\ ~~~ 00~ ~~ ~ i ~~'~ ~_ ~ . C~ ..~ ~~ .~ ~~` Exhibit A-1 ~~r --- ~ A ~ \~ 1 BgiL~WITT PARK MHMLT I'M7W NrA 'B ,~ e ..~~ ~, ~ / sim mw rmer~ it~aLn (tr m. t7AASY,U7) J" ~' (i I I I I D ~ Q~ .__.l 4iMf 11GOf Pain Yaum soccfx ~~ ~«T, ~~ aurw m e ~n l.,. wtc ~uamm. .urrrr w~ w/n w~wsip 1Q1 a W PakdPmaEWDr,-~-' ./r Page 1 of 2 EXHIBIT A-2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS BILL WITT FIELDS LEASE & USE AGREEMENT WITH THE SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. This Exhibit A2 contains detailed conditions for using the Premises ("Premises") defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI, TEXAS Lease and Use Agreement with SOUTH TEXAS YOUTH FOOTBALL LEAGUE, Inc. 1. Lessee Services and Responsibilities. 1.1 Football. Annually Lessee will offer a season of Pop Warner Youth Football. Football will be offered to ages 5 through 14. Lessee may also hold tournaments with dates to be determined in conference with Park and Recreation Director. Dates of the tournaments must be requested as soon as possible each year. The Park and Recreation Director will inform Lessee as soon as dates have been determined. All members of all teams playing on Lessee's Premises must be registered with a nationally recognized sports organization. Lessee may grant use rights for Lessee's Premises to nationally recognized sports organization registered teams for practice. 1.2 City Use. If Lessee is not using its Premises, City may use any or all of the area for recreational purposes. The City reserves the right to accept tournament play at any City sports field at the rate schedule established by the Park and Recreation Fee Ordinance. 1.3 Maintenance. Lessee must maintain the Premises. If Lessee fails to perform maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days after Park and Recreation Director's written demand. 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 the Premises (including any buildings, permanent or temporary) operational and in good repair; including, but not limited to, the football fields, irrigation systems and fair weather parking area. c. Lessee must immediately report any vandalism to the Park and Recreation 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. H:\LEG-DIR1GIgaRlDoyle\Pad, 8 Rec1091404DC.SouthTexas~outhFoolballLeague.Lease.USeAgmtExhbA2.doc Page 2 of 2 e. Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Park and Recreation Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (10) working days after the need for repair is or should have been discovered; f. Lessee must ensure that parking is confined to designated areas; g. Lessee must maintain the Premises within the Lease boundary lines. Lessee shall be responsible for maintaining the grass at a safe height not to exceed six (6) inches. Lessee will water the Premises, in compliance with any effective drought plan. 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 Park and Recreation Director. 1.4 Reslistration, etc. Lessee will promote the program so that the public is aware of the organization's activities. Lessee will conduct all registration, take all fees, schedule all games, including makeup games and playoff games, and provide trophies for the top team in each league. 1.5 Utilities. Lessee must pay for all utilities, such as electricity, water, wastewater, and solid waste bills associated with its usage of the Premises. Lessee must pay for ali its phone bills. 1.6 Officials. Lessee must provide officials (referees, umpires) for each scheduled game. 1.7 Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Park and Recreation Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880-3460 and talk to the Park and Recreation Director, or designee. 2. Citv Resaonsibilities. 2.1 Debt Service. City will pay bond debt for Premises. 2.2 Maintenance. City will maintain the areas outside of the Premises determined by this lease. 2.3 Capital Improvements. City will fund capital improvements determined by the Ciry that are needed at its discretion. 2.4 Contact Person. For the Lease, the Citys contact person is the Park and Recreation Director. H:\LEG-DIR\OIgaRlDOyle\Park 8 Red091404OC.SouthTexasVOUthFootbagLeague.Leasa.UseAgmtExhDA2.doc