HomeMy WebLinkAboutC2011-184 - 1/25/2011 - ApprovedAmendment No. i to
Tennis Pro Contract & Lease of HEB Tennis Center
Cory Brooks
Whereas, by Ordinance 027873 approved September 30, 2008, the City Council
authorized the City Manager to execute a Tennis Pro Contract & Lease of NEB Tennis Center
( "Facility ") with Cory Brooks ("Lessee' or "Pro ");
Whereas, the parties desire to amend the agreement to allow for use of HEB Tennis
center facilities by tennis organizations;
Now, therefore, the parties agree to amend the agreement as follows:
1. Section 10, Insurance, is amended to read as follows:
11 10. Insurance.
A. General Liability. Pro and sublessee shall secure and maintain a comprehensive general
liability insurance policy to include premises, products - completed operations and contractual
liability coverage with minimum limits for bodily injury and property damage of Five Hundred
Thousand Dollars ($500,1100) combined single limit. The City of Corpus Christi shall be named as
an additional Insured on the policy. The comprehensive general liability policy carried by the Pro
under this Contract is the primary coverage in case of loss or damage related to Pro's operation
of the Facility. A copy of the policy shall be submitted to the Director for approval prior to
commencement of this Contract and prior to sublessee's use of the facility.
B. Insurance Certificate. As evidence of the insurance coverage required by this Contract
and prior to execution of this Contract, the Pro shall furnish certificate(s) of insurance to the
Director. The Certificate(s) will specify parties who are additional insured and will indicate what
endorsements are included and what exclusions are removed.
C. Cancellation Notice. There shall not be any cancellation, material change, or intent not
to renew the insurance policies without thirty (30) days prior written notice to the Director.
D. Worker's Compensation. Pro shall secure and maintain worker's compensation
insurance for its respective employees. A waiver of subrogation in favor of the City is required
on Pro's and any sublessee's coverage.
E. Pro and any sublessees are responsible for insuring their own property-contents."
2. Section 11, Assignment, is amended to read as follows:
"11. Assignment and Sublease.
A. This Contract is a personal service Contract and is not assignable.
B. Lessee may sublease parts of Facility to Corpus Christi Tennis Association, and Tennis
Success or food/beverage concession subiect to their compliance with the same
insurance re uirements as identified in Section 10 of this agreement.
C. Lessee acknowledizes that any revenue from any such subleases qualifies as "Pro
Revenue" under Section 4 and Section 513 of this Agreement, for which Lessee must 9a
City 5% of revenue received.
2011-184
06/02/11
Brooks, Cory INDEXED
D. Lessee shall require sublessee to execute an indemnity agreement, which contains
the following indemnification language _,. ,.,.. _. __.
'Sublessee must fully indemnify, save and hold harmless City of Corpus
Christi, its officers em to ees and a ents thereinafter 'the Indemnitees'
against any and all liability, damage, loss. claims. demands and actions of any
nature whatsoever on account of personal iniuries (including without
limitation on the fbWaling, workers' compensation and death claims r
property_loss or damage of any kind whatsoever, which arise out of or are In
any manner connected with Sublessee's use or operations or activities at the
HES Tennis Center facility.'
E. Prior to allowing sublessee onto Facility. Lessee must obtain approval from City
Director of Parks and Recreation and Risk Manager. The current insurance
reguiremerrts for any approved sublessee are as follows
U L General Liability. Sublessee shall secure and maintain a comprehensive
eneral liability insurance poliCy to include remises products — com leted
operations and contractual liability coverage with minimum limits for bodily
injury and property damage of Five Hundred Thousand Dollars {$500,000]
combined single limit. The City of Corpus Christi shall be named as an additional
Insured on the policy. The comprehensive general liability- olicy_carried by the
Sublessee under this agreement is the primary coverage in case of loss or
damage related to Sublessee's operation of the Facility. A copy of the policy
shall be submitted to the Director of Parks and Recreation for approval prior to
commencement of Sublessee's use of the Facility.
(2) Worker's Compensation. Sublessee shall secure and maintain worker's
compensation insurance for their respective employees. _A Waiver of
subrogation in favor of the City is required on Pro and sublessee's coverage.
(3) Pro and sublessee's are responsible for insuring their own property/
Contents.
4 Insurance Certificate. As evidence of the insurance coverage required b
this Contract and prior to execution of this Contract, the Pro shall furnish
certificates of insurance to the Director. The Certificates will soecify Partie s
who are additional insured and will indicate what endorsements are included
and what exclusions are removed.
(5) Cancellation_ Notice. There shall not be any cancellation, material change, or
intent not to renew the insurance policies without thi 30 days prior written
notice to the Director."
3. All other terms and conditions of the previously executed Agreements between the
parties as amended which are not inconsistent herewith shall continue in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have themselves or through their duly
authorized officers executed this Agreement, to be effective upon execution by the City
Manager. EXECUTED IN DUPLICATE ORIGINALS this d ay of , 2011, by
the authorized representative of the parties.
ATTEST: City of Corpus Christi, Texas
Armando Chapa f1Ronald L. Olson
City Secretary City Manager
APPROVED AS TO LEGAL FORM THIS DAY OF 1,2011:
Lisa Aguilar, s stant City Attorney
For the City Attorney
Cory Brooks
Date: b + + 1