HomeMy WebLinkAboutC2010-166 - 4/22/2010 - NA36}-561-4666
08:42:45a.m. 04-21-2010 ~ 2!}2
AUTHORIZED USE AND ACCI!,55 AGREEMENT
FUR T'HE CITY OF CORPUS CHRISTI POLICE DEPARTMENT
POLICE MOTORCYCLE TRAINING COURSE
Event: Paliee Motorcycle Training Course
Location: South tLa~rge) Parking Lot or Parking Lat A
Participant: Corpus Christi Police Department, Approximately 10 officers ar students
Date: April 2l, 201D --April 22, 20tH
Tune: '1:00 a.m. to S:aO p.m.
This Authorized User Agreement {the "AGREEMENT"') is entered into this ~1 ~ of
April, 20t0, by and between the CARPUS CHRISTI BASEBALL CLUB, LP., a Texas
limited parbaership, dltala Corpus Christi Hooks ("HUUI{5") and the CITY OF CORPUS
CHRISTI ("CITY"], a Texas home rule municipal corporation, and its CORPUS
CHRISTI PGLICE DEPARTMENT ("U5ER"}.
RECITALS:
WHEREAS, the Port of Corpus Christi Au#hority of Nueces County {the "PORT"} awns
title to certain real property and any improvements thereon, a certain tract of Iand located
in Corpus Christi, Nueces County, Texas, designated as "South Parking Area" or "Large
Parking Lit" ar "Lot A," and referred to herein as "Whataburger Field Facilities" {WFF)
or the "Premises"; and
WHEREAS, the Pori of Corpus Christi {the "PORT"'} leases the parking lot or Premises
to the CORPUS CHRISTI BASEBALL CLUB, LP., a Texas limited partnership, dlbla
Corpus Christi Hanks {the "HUDI{S"], the clurent 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 Carpus
Christi, desires to obtain access and use of the South (barge} Parking Lit far the purposes
of conducting its Police Motorcycle Training Course t"USE"}, from April 2t, 2QI0 to
April 22, 24t0 between T:00 a.m. to 5:00 p.m.; and
WHEREAS, the HDUKS desires to grant k~ the ClT'Y'S Police Department the requested
access and use of the Premises.
NSW THEREFQRE, and in consideration of the fallowing promises, covenants, and
conditions, the HOOKS and USER (the `TARTIES"} agree as follows:
t . FACILITIES USE.
The HUDKS dv hereby grant, subfect t+o the terms and provisions hereto, to USER
permission to use the specified area{s}, ingress and egress thereto via corridors and public
areas devoted to ingress and egress therein z~efers to as "AUTHaR.IZLD AREA") far the
use described on Exhibit A {a copy of the Description and General Terms of Authorized
Area is attached herero and incorporated kerein far all purposes), and far no other
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CC Baseball Club (dba CC Hooks)
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3b1--5G1-Afififi 08:43:2 a.m. 04-21-210 3112
2. CERTIFICATE flF INSURANCE.
The CITY is self-insured., up to Texas Tart Act Liability L'units, and agrees to maintain
Exeess liability insurance in the amount shown vn the attached copy of the Certificate of
Insurance to cover any liability and property damages arising out of the CITY'S use of
the AUTHQRIZED AREA under this AGREEMENT. The CITY'S liability is limited to
those damages arising out of USER'S use of the AUTHORIZED AREA from April 21,
201D -April ~2, x.(}10 between 7:IX] a.m. to 5:114 p.m., and the CITY assumes na other
liability yr on any other premises.
3. ASSUMPTION t7F RISK ASSOCIATED WTTH THE AUTHORITED USE ~F THE
PREMISES GRANTED.
USE of the AUTI-IORIZED AREA is at the sole risk of the IJSERIG'I7'Y. The CITY, its
officers, agents, and employees agree to hold the HGGKS harmless far any damages ^r
liability arising out of the USE authorized under this AGREEMENT. The CITYILFSER
shall not assume any risk far damages caused by (or alleged to have been caused by} any
third party.
4. PARKING.
The HQGKS will not charge USER a daily parking fee.
5. TERMINATIGN.
In accordance with the terms of this AGREEMENT, the HDDKS may terminate this
AGREEEMENT and exclude USER from the premises if USER fails to meet any of the
terms yr conditions set Earth herein and the failure is not cured within five (5) working
days after the day that written notice of the failure from H~DKS is received by USER.
6. INFLAMMABLE MATERIALS.
USER shalt not use open flames, or use or store ails, burning fluids, camphene, kerosene,
naphtha ar gasoline yr other gases for either mechanical or other purposes.
7. FORCE MA3EURE.
In the event HGDKS'S ahligatians tv USER under this AGREEMENT should be caused
to he decayed, prevented or rendered impractical by any of the following events: fire,
fland, riot, earthquake, civil commotion, strike, lockout, labor disturbances, explosions,
sabotage, accident, war, other casualty, act of God, requirement ar direction of the
league, Major League Baseball, the officer of the Commissioner of Baseball or the
NAPBL, ar any other unforeseeable cause beyond HDOICS'S neasanabte control,
HGGKS shall not be liable m perform.
S. CONTACTS & NOTICES.
CCPD Motorcycle Training t34141U
2
3fi1-5fi1-46fi6 08:A3:20a.m. 04-21-2010 ~i12
All Notices requiled under this AGREEMENT must be sent to the attention of the
Contact Person, addressed as follows:
to HDOICS: CORPUS CHRISTI HQQKS
ATTN: Tina Atha1>s, Director of Stadium Operations
734 E. Part Avenue
Corpus Christi, Texas 78441
to USER: CITY OP CORPUS CHRISTI - CCPD
ATTN: Captain .Terry Vesely
3~1 John Sartain
Corpus Christi, Texas 78441
9. GOVERNING LAW AND VENUE.
This AGREEMENT shall he construed and enforced in accordance with the laws of the
State of Texas and venue lies exclusively iti Nueces County, Texas.
14. EXEC[JTED by the Parties, both of which hereby represent that the signatures to this
AGREEIvIENT, below, are of those persons with the capacity and authority to legally
hind the Parties.
CORPUS CHRISTI BASEBALL CLUB, LP, d161a CORPUS CHRL~TI HDDKS;
gy: 0`2.x. ~~ C~
Name• Date
Title: ~
CrTY of cDRPus c>~IsTI:
-~n R. Escobar, City Manager
Ci of Carpus Christi
Troy Riggs, Pollee Ch1ef
City of Corpus Christi Police Department
APPRQVED AS TO LEG FORM;
T. Trisha ang
Assistant City Attorney
For City Attorney
CCPI] Motorcycle Training D4141a
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ate
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Date
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361-551-466fi
E~CHIBIT A
08:45:47 a.m. 04-21-2014 ~ i 1 11 Z
DESCRIPT~QN AND GENERAL TERMS OF AUTHpRIZED AREA
The HOOKS' da hereby grant, subject t{o the tams and provisions hereof, to USBR permission to use the following
specifiied area(s), ingress and egress thereto via corridors and public areas devoted to ingress and egress,
{the "Autharired Area"}, far the fallowing use and no other purpose (the `Permitted Use"}:
Namber of Licea~e
ate H tom, ~,rQCtinn , Setup , IACa~nn - Peanle Fee
21-22 April lam-Spm Safety course all day parking lot A ~~0 None
And mutually agreed upon dates throughout 7A10.
ADVANCE DBPDSTF{S}:
Zero Dollars {$ D_ ~[}
TIMA E~
FACIIITY SERVICES:
N!A Pool aad Hot ~b (for 5D people for 4 hours] $ a pq
N!A {each additional hour] $ ~.~
NJA Picnic Area $ 0.00
NIA Field Use $ 0 ~
N!A L,IKD Video Board (first two hours) $ O.i}0
N!A LED Video Snazd {each additional hour) $ p.Op
Use of Stadium 5aund System (first two hours] $ 0,00
_NIA Use of stadium Sound System (each additional hour] $ 0,00
NIA Use of Field Microphone $ O.OQ
_,]~~ Use of Stadium Lights {first two hours] $ O,4p
NIA Use of Stadium Lights 4each additional hour} $ 0,~
~ Scrolling Marquee {per week} $ 0 ~
NIA Event Personnel {events outside normal business hours) $ O,Op
X Parking Lot {South lot} $No charge
NIA Parking Lot Lights $ 0.00
NJA Caftan Club $ 0 O[}
ENTERTAIlVMENT EQiJIPMENT:
Page ? of 8
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361551-4655 08:45:58 a.m. 04-21-2010 12112
NIA Moon Jump {4 hours) $
NIA Speed Pitch (4 hours} $
lV1A Ruck Wall {r# hours} $
_~11A Sport Court (4 hours} $
N A Sport Court (each additional hour} ~
~I LA_ CIean Team $
TgTAL CHARGES:
Deposit {1D~ of Total Price)
Estimated ServiceslFaquipment
TgTAL:
O.Q4
~.IXl
O.UQ
~.IXl
iZ.Ua
~.(l0
Facility ServiceslEquipmen#Total: $ Nv rho e
$ 4.[]U
$ No C~ar~
NOTE: THIS IS STRICTLY AN BSTIMATE. AMOUNTS PAID IN ADVANCE WILL SE SUBTRACTED
FROM ACTI3ALS. INVOICE OR REF~(]ND WILL BE SUBMITTED WITH EVENT RECgNCII IATION.
Total estimated expenses due ,_,,,NI,~,
~NgTE: ADD]TiONAL SERVICl3S ARE AVAILABLE UPON ItEQI.IEST.
Any changes to this list will he at []SER's expense. Items listed as included are based upon set-ups and
attendances as outlined in Section 1 ~-Facilities Use. Equipment needs that increase nr exceed what is presently
outlined shell be billed at the rates shown above.
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CERTIFICATE 4F INSURANCE
A CaRD 155UEDAT(=
,~ Da11412DiD
PRDaUCER This certificate is issued as a matter of information only and confers no rights
upon the Gertifipte Holder. This Certificate does not amend, extend or alter the
MCGREFF; SEIBELS & WILLIAMS DF TEXAS, INC.
t
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it
9DDE
5D8D S coverage afforded by the policies below.
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Addison, TX 75DD1
(4fi9} 232-21DD
COMPANIES AFFORDING COVERAGE
ComApany Star Insurance Company
INSURED Gompany
City of Carpus Christi, Texas B
P D Box 9277
Corpus Christi, TX 784fi9-9277 Gampany
C
Company
D
Gompany
E
This is to certify that the polices of insurance described herein have been issued to the Insured named herein far the policy period indicated. Nciwiihstanding
any requirement, term or condition of contract or ocher document with respect to which this certificate may be issued or may pertain, the insurance afforded 6y
the polices described herein is subject fo all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE L1MIT5 OF LIABILITY
LT EXPIRATION
A GENERAL tIABItITY CPp513fi42 631D112DiD EACH OCCURRENCE $ S,DDD,DDD
®Commerasi General Liatarty D316112D11 FIRE DAMAGE $
^ Gaims Made ®pcanenoe
'
' MEDICAL EXPENSE $
and Contraclars
PmlecEion
^ Owners
® exoesscov~a9a
PERS.AND AUIERTISING INJURY
$
~ GENERAL AGGREGATE $ iD,006,0DD
General Aggregate unut applies per: PRODUCTS AND COMP. DP>=R. AGG. $
® Paliq ^ Project ^ Location
A AUTOMD8ILE LIABILITY CPD513642 D31D112D1D COMBINED SINGLE LIMIT $ 5,DDD,DDD
® pu,y Aulomabiie D31D112D11 BODILY INJURY Per rson $
^ wt d+rnedAu[ornabiles BODILY INJURY Per aCCldent $
^ Scheduled Automobiles
^ H;~A,~O111ey;;~ PROPERTY DAMAGE Per accident $
^ r,~A„ta„~y;t~ COMPREHENSIVE
® excess uatwuty COLLISION
A WQRI(ERS' COMPENSATION CP0513642 D31D11201D WC 5fatuto Limit x Other
AND EMPLOYERS' LIABILITY D31D112Di 1 EL EACH ACCIDENT $ SDD,DDD
EL DISEASE Each em to ee $ SDD,DDD
EL DISEASE Ppli Limit $ 50D,DD0
A EXCESS LIABILITY CP0513fi42 631D112D1D EACH OCCURRENCE $ 5,DDD,DDD
®pcrarrerre ^Ciairns rrlade D31D112D11 AGGREGATE $ 1D,DDD,DDO
RetsntiorJDeduaitNe 500,OW
$
$
Corpus Christi Hocks Baseball Club, L.P. is added as an Additional Insured far General Liability, but only with respell to operations performed on their behalf and
due to the negligence of City of Corpus Christi, Texas far RE: CCD Use and Access Agreement for MotorcyGe Training Ceurse - Whataburger Field Parking Lot
A.
CERTIFICATE HOLDER SHOULD ANY DF THE ABOVE DESCRIBED POLICIES B!= CANCELLED BEFDFtE
THE J=XPiRATIDN DATE THEREOF, THE 155UING INSURER WILt ENDEAVOR TD
MAIL iD DAYS WRITTEN NOTICE TD THE CERTIFICATE HOLDER NAMED TDTHE
LEFT, BUT FAILURE 7D DD SO SHALL IMPOSE NO OBLIGATION DR LIABILITY OF
ANY KIND UPON THE INSURER, ITS AGENTS DR REPRESENTATIVES.
Corpus Christi Flocks Baseball Gluh, L.P Authorized Representative
Attn: Tina Athens
734 E. Port Avenue
+
Carpus Christi, Tx 78401 ~
Pa e i of 1 Certir~catel0# PPDHN3MM