HomeMy WebLinkAboutC2013-185 - 6/11/2013 - Approved i
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Amendment No. 1 to the Lease Agreement between the City of Corpus Christi and
International Westside Baseball
Whereas, on March 27, 2012, a lease agreement was authorized with International Westside
Baseball, "Lessee", regarding use of property at Greenwood/Horne Youth Sports Complex,
"Lease Agreement";
Whereas, the parties desire to amend the Lease Agreement to revise the leased premises to
add three additional fields and other facilities, and provide for joint use of the facilities;
Now, therefore, the parties agree to amend the Lease Agreement as follows;
1. Except for City exclusive use provisions as listed.in Section 2, the City leases to Lessee
the premises depicted as "Westside Pony Baseball.League" on the.Exhibit attached to
this Amendment No. 1, including the three baseball fields, lighting, irrigation facilities,
concession stand and restroom facilities located on the premises, but excluding the City
storage shed located on the premises, ("Premises").
2. Use of the Premises.
A. City retains exclusive use of all three baseball fields on the Premises which are
shown on the attached Exhibit for previously scheduled tournaments on the following
dates, starting at Friday 8:00 A.M. through Monday 8:00 A.M.:
May 17-20, 2013
June 14-17, 2013
July 12-15, 2013
August 9-12, 2013
September 13-16, 2013
October 11-14, 2013
November 8-11, 2013
December 13-16, 2013
B. The "Pony A" and "Colt Bn fields shown on attached Exhibit are referred to in this
Amendment No. 2 as the "High School Baseball Fields". City has exclusive use of the
two High School Baseball Fields during the second full weekend of every month,
beginning Friday 8:00 A.M. through Monday 8:0'0 A.M. By the term "second full
weekend", the parties are referring to the weekend which begins on the second Friday of
the month.
C. City has exclusive use of the two High School Baseball Fields the entire months
of June and July of each year for a City summer high school baseball program. City
shall exclusively handle rental of the two High School Baseball Fields during the months
of June and July. City Director of Parks and Recreation may provide written notice to
Lessee President should City exclusive use not be required during a particular summer
season.
2013-185
6/11/13
Ord. 429859
InternationaJl Westside Baseball
INDEXED
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D. The City retains exclusive use of the City storage shed located on the Premises for
storage of City equipment. Lessee may purchase and locate an equipment storage
shed on the Premises for Lessee's exclusive use. Lessee retains exclusive use of the
concession stand. Lessee shall make the lighting and restroom facilities available to
City during periods of City use, during City scheduled tournaments and other City
rentals.
3. Maintenance and Utilities.
A. At all times, Lessee must repair, maintain and keep the Premises in good condition
in accordance with the terms of the Lease Agreement, except the City will maintain
the two High School Baseball Fields during months of June and July if City uses
them for a City summer high school baseball league program.
B. Lessee must replace red infield dirt and red clay bricks on all three baseball fields
two times a year, including immediately prior to the start of any Lessee baseball
season. The type of dirt to be used is Diamond Pro Bulk infield conditioner. The red
clay bricks are used on the pitching mounds and batter's boxes. However, if the City
uses the High School Baseball Fields for a City summer high school baseball
program, then in June prior to start of City's summer baseball program, City shall
replace red infield dirt and red clay bricks on High School Baseball Fields and the
Lessee shall be relieved of this responsibility for the summer season. If City does
not utilize High School Baseball Fields for a summer program, then Lessee retains
responsibility to replace red infield dirt and red clay bricks at least twice a year on all
baseball fields located on the Premises.
C. Lessee will be responsible for obtaining and for the prompt payment of all utilities on
the Premises consistent with the terms of the original Lease Agreement. However,
the City will reimburse Lessee for the electricity costs per hour of City exclusive use
of the Premises, based. on average hourly kilowatt charge reflected on Lessee's
electric bill. In addition, consistent with the terms of the original Lease Agreement,
City shall not charge Lessee for water to maintain the fields, up to maximum number
of gallons set by Director of Parks and Recreation for each calendar year. However,
Lessee must obtain a separate irrigation meter at its sole expense.
D. Lessee is responsible to promptly repair any damages to the Premises except for
any damage which is caused by City's sole use of the Premises.
E. Prior to any use of the Premises, a joint walk-through of the Premises will occur
between the International Westside Baseball League President, City Parks Athletic
Division representative, and City Parks Operation Superintendent to identify starting
condition of the Premises.
4. Except as modified herein, all terms and.conditions of the Lease Agreement apply to the
Lessee's use and operation of the Premises, including but not limited to indemnity and
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insurance provisions. Lessee must add the Premises to its insurance coverage required
by the original Lease Agreement prior to Lessee's use of the Premises, and provide the
City Director of Parks and Recreation with an updated Certificate of Insurance upon
effective date of this Amendment No. 1.
5. This Amendment takes effect upon date of last signature and continues through term of the
original Lease Agreement.
Agreed to by:
City of Corpus Christi
Approffid W ffi form: �`�'c�17
By: d4LO21 zm=�� Y,
Ronald L. Olson 4ia±A2g GO ar
City Manager Assistant City Attorney
Date: For City Attorney
International Westside Baseball ATMST. -M
By: WY SECRUAW
Name.
President
Date: 13 �"'""
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