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Home My WebLink AboutC2016-225 - 1/19/2016 - Approved SURFACE LEASE AGREEMENT CLARA DRISCOLL FIELD This surface lease agreement ("Lease") is entered into by and between Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation ("Driscoll Foundation") and the City of Corpus Christi ("City"). WHEREAS, Driscoll Foundation owns 4.23 acres of land located in the Corpus Christi Industrial District, Section 2, Lot 8, Block G, also known as 4235 Baldwin Boulevard, shown on the attached Exhibit "A" ("Premises"); WHEREAS, the City desires to lease 4.23 acres of land; and NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. TERM - Driscoll Foundation leases the Premises subject to all of the terms and conditions of this Lease to the City. The term of this lease shall be for five (5) years, beginning on the day of City Council approval of this Lease, unless sooner terminated as set out herein. Upon Effective Date, this lease terminates any prior lease between the parties for use of said Premises. Either Driscoll Foundation or City may terminate this Lease, without cause, by giving six (6) months written • notice. 2. PRIMARY USE - The Premises shall be used for the purpose of operating a little league baseball field and related facilities thereon and for no other purpose. 3. CONSIDERATION - Driscoll Foundation shall charge $0 to the City of Corpus Christi annually for this surface lease. In consideration that Driscoll Foundation does not collect any monies for this surface lease, Driscoll Foundation, Driscoll Children's Hospital, and/or Driscoll 2016-225 1/19/16 ,r Clara Driscoll Baseball Field Page 1 M2016-006 Driscoll Foundation INDEXED Children's Health Plan reserve the right to display advertising signage at the Clara Driscoll Baseball Field at no charge. 4. CITY OF CORPUS CHRISTI RESPONSIBILITIES - Maintenance - City, or Sub-lessee, shall maintain the Premises and keep all amenities in the state of good repair. City, or Sub-lessee, shall pay all utilities at the Premises. Premises shall be used in accordance with the Driscoll Foundation's rules and regulations during the term of this Lease. Taxes - City, or Sub-Lessee, shall pay all ad-valorem property taxes, if any, assessed against the leased premises, and furnish proof of such payment to Driscoll Foundation on or before January 31 of each year during the term of this Lease. 5. MISCELLANEOUS - Laws - City and Driscoll Foundation must comply with all applicable federal, state, and local laws, rules and regulations. Alterations - City, or Sub-Lessee, must not make any additions or alterations to any improvement at the Facility without the Driscoll Foundation's prior written consent. Relationship - This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Driscoll Foundation will act in an individual capacity and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. Assignment or Sub-Lease - This Lease, and all obligations hereunder, may not be assigned or sub-leased without prior written approval from Driscoll Foundation. Surface Lease Agreement for Clara Driscoll Baseball Field Page 2 Non-Discrimination - City and Driscoll Foundation covenant that all their respective officers, employees, agents, students, and invitees will be treated equally, without regard to or because of race, religion, national origin, sex, age, or disability, and in compliance with all federal and state laws prohibiting discrimination in employment. Cancellation - This Lease may be cancelled whenever the City fails to comply with the provisions and covenants of this Lease, and fails or refuses to comply after written notice of a violation, recommended cure, and period to cure. Notices - All notices which are required to be sent under this Lease must be sent by certified mail, hand delivered, or electronic delivered as follows: City of Corpus Christi Driscoll Foundation Parks and Recreation Dept Director of Farm and Ranch P 0 Box 9277 615 N Upper Broadway #1635 Corpus Christi TX 78469-9277 Corpus Christi TX 78401-0765 (361) 826-3460 (361) 883-5471 www.ccparkandrec.com Craig.Shook@dchstx.org Waiver-Any waiver to this Lease by either party of a breach of any covenants, terms obligations, or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. Surrender- Upon expiration or cancellation of this Lease, the City will return the Facility to the Driscoll Foundation in reasonably good condition, ordinary wear and tear excepted. The Driscoll Foundation may cancel and terminate this Lease without cause by giving written notice to the City. This Lease shall then terminate and be cancelled effective six (6) months from the date of receipt of the notice from the Driscoll Foundation, or thirty days after the City completes the use of Surface Lease Agreement for Clara Driscoll Baseball Field Page 3 the Facility for official little league games at the end of the little league baseball season following receipt of such notice, whichever occurs first. Indemnity - To the extent allowed by State Law, the City agrees to indemnify and hold the Driscoll Foundation harmless against any and all claims, demands, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of City's business on the Premises, or from any breach on the part of the City of any condition of this Lease, or from any act or negligence of the City, its agents, contractors, employees, sub-tenants, sub-Lessee's, concessionaires, or licensees in or about the Premises. In case of any action or proceeding brought against Driscoll Foundation by reason of any such claim, the City, upon notice from the Driscoll Foundation, covenants to defend such action or proceeding by counsel acceptable to Driscoll Foundation. Default - If there is non-compliance with any other terms, Driscoll Foundation will give the City written notice to cure or begin curing the default within thirty (30) days of receipt of the notice. If the cure is not complete or substantially complete within thirty (30) days after City's receipt of the Driscoll Foundation's notice, the Driscoll Foundation may terminate this Lease upon thirty (30) days written notice. Legal form approved day of , 2015 By Name , itle , City Attorney. Executed in Duplicate, each of which are considered an original, this the day of , 2015. Surface Lease Agreement for Clara Driscoll Baseball Field Page 4 Approved 8d brPpl: 12 l o f City of Corpus Christi By 1Lb Lisa Agu . +� Assisttnt Ity Attorney 414 ci a Ta 164.4 int. 1M-evi e vivy For City Attorney Name and Title ATTEST: ' • ' L B REBECCA HUERTA CITY SECRETARY Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation_ By: FJ .-..g.,Au I tiu ILL., S ft CORM-- Tom E Dobson, Trustee SECRETARY r p b� -/ Joe. . Fulton, Trustee /e0.‘e-tii Robert R. Furgaso rustee AIIP i ��"i Ma ha L. Hinojosa, T/ee e 0.7 S. Loyd N-al, J ,bus -e 41 Agedifri Sam L. Suss-r, s ee C-5197/VAt WilACIAJ C. 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