General Services Committee (Discontinued as of March 2024)

CITY OF ROSWELL GENERAL SERVICES COMMITTEE AGENDA Wednesday, February 27, 2019 at 4:00 p.m. City Hall Large Conference Room 425 N. Richardson Ave., Roswell, NM 88202 Committee Chair: Savino Sanchez Committee Vice Chair: Jacob Roebuck Committee Members: Angela Moore, Juan Oropesa Interim Staff Coordinator: Juanita Jennings A. Call to Order B. Roll Call C. Approval of the Agenda D. Approval of Minutes 1. January 23, 2019 Meeting Minutes 1-2 E. Non-Action Items 1. Discuss staff preparations for the Roswell Recreation and Aquatic Center. 3-5 F. Action Items 1. Discuss and provide direction on the Cahoon Park tennis court facility needs. 6-10 2. Discuss and consider approval recommendation of the Pecos League of 11-21 Baseball Clubs (Roswell Invaders) lease agreement. G. Public Participation H. Adjourn (Next Meeting: March 27, 2019) NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 18-55. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575- 624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: 02-20-19 Regular Meeting of the General Services Committee Held in the Conference Room at City Hall January 23, 2019 Notice of this meeting was given to the public in compliance with Sections 10-15- 1 through 10-15-4 NMSA 1978 and Resolution 18-55. B. ROLL CALL The meeting convened at 4:00 p.m. with Chair Sanchez presiding; Councilors Roebuck and Oropesa being present. Councilor Moore being absent. Staff Present: Elizabeth Gilbert, Mike Mathews, Laurie Dudek, Monica Garcia, Ruben Esquivel, Kevin Dillon, and Jim Burress. Guests Present: Allison Penn, Tim Coughlin, Jim Matencci, Rita Kane-Doerhoefer, Larry Connolly and Councilor Barry Foster. C. APPROVAL OF AGENDA Councilor Oropesa moved to approve the January 23, 2019, Regular General Services Committee meeting agenda as presented. Councilor Roebuck was the second. A voice vote was 3-0, and the motion passed with Councilor Moore being absent. D. APPROVAL OF MINUTES Councilor Oropesa moved to approve the General Services Committee meeting minutes for November 28, 2018. Councilor Roebuck was the second. A voice vote was 3-0, and the motion passed with Councilor Moore being absent. E. NON-ACTION ITEMS 1. Discuss staff preparations for the Roswell Recreation and Aquatic Center- Mr. Dillon gave an update on the Aquatic Center. Mr. Burress stated staff has been and continues to prepare for the opening of the Roswell Recreation and Aquatic Center facility. F. ACTION ITEMS 1. Discuss and consider recommendation of the Boys & Girls Club of Sierra Blanca Scope of Services Agreement- Ms. Gilbert discussed the scope of the agreement. The Roswell Boys & Girls Club has been run by the Boys & Girls Club of Sierra Blanca for over a year. Ms. Gilbert stated since taking over the club, many improvements to the facility, operation, and programming have occurred. The attendance to club has almost tripled. While this facility is run and operated by the Boys & Girls Club of Sierra Blanca, it is still owned by the City of Roswell. The club pays rent monthly for use of the facility. As part of the lease agreement, certain conditions must be met, but is broader to include facility requirements and other items. Mr. Coughlin discussed the name change of the Boys & Girls Club of Sierra Blanca. Councilor Oropesa move to amend the contract with the Boys & Girls Club of Sierra Blanca, number 4 to read $32,000 instead of $20,000, and add bill quarterly. Councilor Roebuck was the second. A voice vote was 3-0, and the motion passed with Councilor Moore being absent. 1  Councilor Oropesa move to approve the amended agreement. Councilor Roebuck was second. A voice vote was 3-0, and the motion passed with Councilor Moore being absent. 2. Discuss and provide direction on the Cahoon Park tennis court facility needs- Cahoon Park has a tennis court facility consisting of 6 courts-General Services Committee members asked for further discussion on the tennis court facility. Councilor Roebuck made a motion to table Cahoon Park tennis court and bring back to the February 27, 2019 General Services meeting. Councilor Oropesa was the second. A voice vote was 3-0, and the motion passed with Councilor Moore being absent. 3. Resolution XX-XX: Discuss and consider recommendation for an increase in the Weekend and Overtime Burial Fee at South Park Cemetery- Mr. Esquivel stated South Park Cemetery conducts burial services throughout the week and works with the city’s three funeral homes to schedule these services. Services are conducted from 9 to 3 Monday to Friday and 9 to 11 Saturday. Staff is available during this time to conduct services. Currently, any services that occur outside of these hours are charged the Weekend and Overtime Burial Fee in addition to the Open and Close Fee. The Weekend and Overtime Burial Fee no longer covers the expense incurred by the department to come in after hours. Additionally, staff must mobilize equipment and utilize fuel to conduct the services. In the circumstances that after hours services occur, the fee will properly support the activities of the department allowing the Cemetery to continue to provide quality service to the citizens of Roswell. Mr. Esquivel said that due to the size of the increase, the department will work with the funeral homes to accommodate services during normal hours as much as possible. The department will also notify the funeral homes of the change and implement it accordingly. The current weekend and Overtime Burial Fee is $200. The proposed fee is $700. This will help to properly support the services being provided by the department when these services are conducted. In the future, the department will review its fees more regularly to ensure the fees are keeping pace with the expenses of the department. Councilor Oropesa move to send Resolution XX-XX to full City Council. Councilor Roebuck was the second. A voice vote was 3-0, and the motion passed with Councilor Moore being absent. 4. Discuss and provide direction on the 2019 General Services Committee meeting schedule- Ms. Gilbert discussed the General Service Committee meeting schedule that outlines each regular meeting of the Committee for 2019. The schedule included adjustments for holidays that impact the schedule. No motion was made and no vote was taken. G. PUBLIC PARTICIPATION Rita Kane-Doerhoefer stated Keep Chaves County Beautiful is working with the Boys & Girls Club to educate children. H. ADJOURNED The meeting adjourned at 5:08 p.m. 2  CITY OF ROSWELL General Services Committee City Hall Conference Room 425 N. Richardson, Roswell, NM 88202 Wednesday, February 27, 2019 at 4:00 p.m. ACTION REQUESTED: Discuss staff preparations for the Roswell Recreation and Aquatic Center. BACKGROUND: Staff has been and continues to prepare for the opening of the Roswell Recreation and Aquatic Center facility. A Preparation Update Report is included with this packet for discussion. FINANCIAL CONSIDERATION: N/A LEGAL REVIEW: N/A BOARD AND COMMITTEE ACTION: Non-action item. STAFF RECOMMENDATION: Non-action item. 3  Parks and Recreation Roswell Recreation and Aquatic Center Facility Preparation Update Report There are a series of items that will need to be completed to properly prepare for the opening of this new facility. Generally, these are the order of items that the Parks and Recreation Department is currently working through and the current status. Schedule: Construction Complete in June 2019, Opening July 1 for Full Facility 1. Hours of Operation: Complete These are set to 6AM to 8PM Monday to Saturday and 12PM to 8PM Sunday. The outdoor aquatic facility will be open Memorial Day to Labor Day, Monday to Saturday 10AM to 8PM and Sunday 12PM to 8PM. 2. Staff Job Descriptions and Responsibilities and Hire Required Personnel: In Progress Position updates and approvals are currently processing through HR. 3. Outline Operations for Safety, Training, and Processes: In Progress Our operations manual is currently being put together and refined as we walk through this process. 4. Schedule for Staff/Programs: In Progress A tentative staff schedule is compiled to align with the hours of operation as well as the anticipated opening of the facility, based on the construction schedule. Programming is also being compiled to align with our Summer season for recreation. We will work closely with the Aquatic Facility Management Team to develop and prepare the aquatic programming. This schedule continues to shift with the instructors that are able to teach our classes. 5. Updated Fees to Match Service Model: Completed, Pool Fees – In Progress Council recently approved the Recreation fees to align with our service model. These fees are what will be used with our systems and marketing as we implement these items. Certain fees related to the aquatics may come forward as we work with the Aquatic Facility Management Team. 4 6. CivicRec: Class Registration, Membership Management, and Point of Sale System: In Progress CivicRec has gone live for our soft launch. We are preparing and working with Public Affairs to push the system for Spring Break. 7. Marketing: In Progress Once CivicRec is up and running, we can begin to push the online functionality and membership features within Recreation. We are currently meeting with Public Affairs and the new advertising group to prepare our various marketing elements including the branding, logos, website setup, and other items. Some of the activities that we would like to include with this process are: a. Marketing of the facility itself b. Pre-sales of Memberships c. Personal Tours of Facility d. Soft and Grand Opening 8. Equipment and Supplies Ordering, Stocking, and Inventory: In Progress We are preparing and updating our lists for ordering and beginning to put in place the orders for the initially needed items. 9. Timeclocks and Security Access for Staff: Pending IT will help to install the necessary timekeeping equipment for the facility as well as the appropriate technology for access to both sides of the facility. Depending on the type of membership, a patron may only access the aquatic side of the facility or vice versa. Membership cards will have the ability to give access to these areas without a patron needing to request access from a front desk staff. 10. Staff Move-In to Facility: June Based on Construction; Pending This relies on the timing of the facility construction. With the current timeline, we plan to move in to the facility in June. 11. Aquatic Center Preparation: Ongoing with Other Elements We had our first formal meeting with the Aquatic Facility Management Team whose contract formally began on February 1. We have finalized budgets for this purpose and are working with Finance to fund the needs in FY19. 5  CITY OF ROSWELL General Services Committee City Hall Conference Room 425 N. Richardson, Roswell, NM 88202 Wednesday, February 27, 2019 at 4:00 p.m. ACTION REQUESTED: Discuss and provide direction on the Cahoon Park tennis court facility needs. BACKGROUND: Cahoon Park has a tennis court facility consisting of 6 courts. The current facility was built in 1973. Courts 1 and 2 were resurfaced in 2010 and courts 3 and 4 were resurfaced in 2015. Courts 5 and 6 are planned to be resurfaced in 2020. The courts do have some cracking and would need attention to prevent it from worsening. Additionally, Pickleball lines have recently been added to the courts to accommodate this fast-growing activity. The facility also has some bleachers and backboards that should either be replaced or repaired. There are no permanent bathroom facilities nearby. Port-a-potties are maintained near the courts as we have available in many other parks. The courts are open to the public year-round. Private groups may reserve the courts with the Parks and Recreation Department for a fee. Information regarding the usage of the facility and revenue generated is included with this packet. Other tennis facilities are available in the city including the courts at NMMI as well as the Racquet Club. The Parks and Recreation Department has maintained an informal relationship with the Roswell Tennis Association (RTA). This group utilizes these courts for tournaments annually. They do not currently pay the fee to utilize these courts. This group has also installed several shed-type buildings near the facility which they utilize exclusively. We discussed plans to resurface the courts over time with the RTA and have completed 4 out of the 6 courts per the plan that was devised with this group. RTA has also contributed some funding to nets at the courts. FINANCIAL CONSIDERATION: Depending on the needs wishing to be addressed and to what extent, a list of estimated costs for various components of this 6  facility is included. No funds are currently budgeted for this purpose. LEGAL REVIEW: Not Applicable BOARD AND COMMITTEE ACTION: Parks and Recreation Commission reviewed this information at their February 11, 2019 meeting and recommended to complete court repair on courts 3-6 as well as explore the need for a permanent restroom facility and to include these items in the upcoming FY2020 budget. STAFF RECOMMENDATION: Continue with the current plan to resurface courts 5 and 6 in 2020. Repair and paint backboards and replace bleachers. Consider some interim crack filling methods. 7  Cahoon Park Tennis Facility Usage and Cost Estimates Usage: • Roswell Tennis Association – 2 sanctioned tournaments per year on Memorial Day and Labor Day, 2 unsanctioned tournaments per year, use as public other times o SENM Adult Open - 50 players total from last 3 years with 20 outside o Brynn Naylor Tournament – averages 45 players with 16 from outside • Tennis Pro lessons, clinics, and camps Revenue: • City pays for the annual membership in the USTA • Roswell Tennis Association – No fees collected • Tennis Pro programs - $750 to $1,000 annually Cost Estimates: • Court Repair = $28,000 / Court, 6 Courts = $168,000 • New Court Construction = $52,000 / Court, 6 courts = $312,000 • Permanent Public Restroom Facility with a single male and single female facility = $58,000 • Backboard paint and repair = materials already on hand • Bleachers removal and replacement = $4,000 8 9 10  CITY OF ROSWELL General Services Committee City Hall Conference Room 425 N. Richardson, Roswell, NM 88202 Wednesday, February 27, 2019 at 4:00 p.m. ACTION REQUESTED: Discuss and consider approval recommendation of the Pecos League of Baseball Clubs (Roswell Invaders) lease agreement. BACKGROUND: The Pecos League of Baseball Clubs hosts a season for the Roswell Invaders team each summer here in Roswell. For this activity, the group leases Joe Bauman Stadium at Coca-Cola Field per our current field rental rates. The included agreement includes terms for multi-year use of this facility so that a new lease agreement does not need to be approved each season. Additionally, the City has applied for and will receive a governmental alcohol license in March for this property. The agreement includes language related to the sale of alcohol, allowing the Invaders to sell alcohol during games and the expected amount of revenue to be given to the City for this activity. Once this lease is approved, it will be submitted to the State with the alcohol lease application currently pending for the Invaders. We hope that this approval will come in time for the 2019 season. The lease is essential for the completion of the State approval of the lease application to allow the Invaders to sell alcohol. FINANCIAL CONSIDERATION: In addition to the fees collected for rental of the facility, the alcohol revenue will be collected. The alcohol revenue will be new revenue to the City. LEGAL REVIEW: The included agreement was reviewed by the City Attorney. The language is also acceptable with the Pecos League. BOARD AND COMMITTEE ACTION: Discuss and consider approval recommendation to City Council of the Pecos League of Baseball Clubs (Roswell Invaders) lease agreement. STAFF RECOMMENDATION: Recommend approval to City Council for the lease agreement as presented. 11  FACILITY AND ALCOHOL LICENSE LEASE AGREEMENT THIS AGREEMENT (hereinafter "Lease") is entered into on this ____ day of _______________, 20___ by and between the City of Roswell (hereinafter “City”) and the Pecos League of Professional Baseball Clubs d/b/a the Roswell Invaders, a business corporation having an office and principal place of business at P.O. Box 271489, Houston, TX 77277 (hereinafter "Invaders"). WHEREAS, the City is the owner of a baseball park situated at the Fairgrounds in the City, which is also referred to as Coca Cola Field or Joe Bauman Stadium, that is an improved parcel including a baseball stadium, bleachers, clubhouse, and related amenities (hereafter "Stadium Complex"); WHEREAS, the City and the Invaders have determined that games encourage and foster economic development and prosperity and provide recreational and other opportunities for the citizens of Southeastern New Mexico. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City hereby leases unto the Invaders the surface only to the Stadium Complex together with all improvements located thereon and the parties agree as follows: I. TERM The initial term of this Lease commences on May 20, 2019 and ends on September 1, 2019. The Invaders understand that, if the date of May 20, 2019 conflicts with the baseball schedule of Roswell High School (hereinafter “RHS”) and the use of the field by RHS during the RHS baseball season, then the Invaders agree that commencement of the use of the property shall not commence until after the end of the RHS baseball season unless arrangements have been mutually agreed upon with the City. The lease may be renewed for three successive seasons, 2020, 2021, and 2022, which extensions must be consented to by both parties in writing. Upon an extension, parties must agree to the season dates, number of home dates which must be declared no later than May 20 of the year of the extension, and the associated fee for use of the Stadium Complex. Failure to establish these items including the number of days and declare the dates of the games will result in termination of the lease. II. RENT The Invaders agree to pay the City four thousand five hundred dollars ($4,500) in rental fees payable on or before May 29, 2019 for the 2019 season. Utilities will be paid by the City. The Invaders will have 30 home dates and must leave dates open for the public to be able to use the Stadium Complex. These dates must be declared no later than May 20, 2019 and can only be changed with written approval of the City. The Invaders must allow other groups to use the facility during the term of this lease as the City may direct. Any change of leagues by the Invaders shall have no effect on this Lease. Page 1 of 10 12  III. TICKETS, MERCHANDISE, AND CONCESSIONS The Invaders have the right under the terms of this agreement to: 1. Sell tickets for current or future games and keep 100% of ticket sales revenue and mini game plan revenue. 2. Sell merchandise including t-shirts, hats, and other merchandise and keep 100% of merchandise revenue. 3. Provide and sell food and beverage concessions, including beer and wine utilizing the City alcohol license, and keep 100% of food and non-alcoholic beverage sales. For alcoholic beverage sales, the Invaders must pay to the City, in addition to the rent of the Stadium Complex: a. $0.50 per beverage sold at standard pricing b. $0.10 per beverage sold at discount pricing 4. Records reflecting the sales of the alcoholic beverages must be included with the payment to the City. IV. APPLICATION AND USE OF ALCOHOL LICENSE The City owns governmental alcohol license no. #### (hereinafter “Alcohol License”) for the Stadium Complex and, effective upon the date of approval by the State of New Mexico, Regulation and Licensing Department, Alcohol and Gaming Division (hereinafter “AGD"), the City leases to the Invaders the Alcohol License in its entirety upon the terms, agreements, and conditions below: 1. Invaders shall apply to the AGD to lease the Alcohol License for the service and sale of alcoholic beverages at the Stadium Complex. 2. All of the obligations of the parties under this Lease are subject to and contingent upon the approval by the AGD of Invader’s lease of the City's Alcohol License. 3. Invaders shall meet all requirements of the State of New Mexico to qualify to operate pursuant to the Alcohol License including, but not limited to, meeting the requirements under the Alcohol Server Education Article of the Alcohol Control Act (hereinafter "Alcohol Server Act"). Invaders shall meet all such requirements on a continuous basis for the entire term of this Lease. 4. In compliance with state law, municipal ordinances, and as limited by this Lease, Invaders may use the Alcohol License in any part of the Stadium Complex as approved by the AGD for the service and sale of alcoholic beverages. The City grants to Invaders such direct control of the Stadium Complex as is necessary to perform the duties under this agreement. Page 2 of 10 13  5. Invaders covenants that its servers shall be age twenty one (21) or older and shall annually complete all training required pursuant to the Alcohol Server Act with documentation provided to the City. 6. Invaders will operate the Alcohol License continuously and without interruption, maintain the Alcohol License in good standing with all appropriate and duly constituted legal authorities, observe and abide by all federal, state and local laws, ordinances, rules and regulations pertaining to the service and sale of alcoholic beverages in the State of New Mexico, and will do no act that will cause a cancellation or revocation of the Alcohol License. 7. In the event the Alcohol License is revoked, cancelled, or suspended by reason of some violation or default on the part of Invaders, it shall be liable to the City for all damages incurred as a result, including, but not limited to, the cost of replacing the Alcohol License with a comparable license, lost income, and attorney's fees. 8. On or before the final day of each month, Invaders shall furnish to the City a statement showing total gross revenues of alcoholic beverages for the immediately preceding calendar month. The form and method of accounting shall be as reasonably required by the City. 9. Invaders shall be responsible to pay all applicable New Mexico gross receipts taxes, sales taxes, luxury taxes, excise taxes, and similar taxes imposed by any governmental agency upon either the Alcohol License or on the sale of alcoholic beverages sold at the Stadium Complex, whether such taxes are imposed by existing law or future laws, rules, regulations or ordinance. V. ADVERTISING RIGHTS: The Invaders may sell advertising banners to be placed inside of the stadium. The size of the banners shall comply with the Roswell City Code and will not conflict with banner sales by the RHS during the RHS baseball season. VI. CONDITION OF PREMISES: Invaders has inspected the Stadium Complex and accepts the Stadium Complex in its present condition as is. Invaders acknowledges that any requirements for accessibility and/or public accommodations are Invaders’ responsibility. Invaders agrees that the Stadium Complex is in good repair and condition except as noted herein. Invaders agrees that, at the expiration of the term hereof, it shall yield up and deliver the Stadium Complex to City in as good repair and condition, broom clean, as when received, except for loss resulting from ordinary use and wear. VII. PERSONAL PROPERTY AND FIXTURES OF INVADERS: All personal property and fixtures of Invaders in and on the Stadium Complex shall be kept at the sole risk of Invaders, and City shall not be liable for any damage thereto or to the Stadium Complex or to Invaders for interruption of business or otherwise. Invaders hereby waives all causes or rights of recovery against City, its agents, employees, Page 3 of 10 14 invitees and Invaders for any loss to such personal property and fixtures on the Stadium Complex or to consequential loss arising there from caused by fire or other casualty, whether negligently caused or not. VIII. EQUIPMENT AND IMPROVEMENTS: Except as otherwise provided herein, Invaders shall have the right to install such equipment as may be necessary for the conduct of its business at the Stadium Complex; and at the expiration or termination of the Lease, Invaders shall have the right to remove all of such equipment installed by Invaders that is removable without damage to the Stadium Complex. Also Invaders shall, upon written demand by City, at Invaders’ sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Invaders pursuant to this Section VIII. Invaders shall not make, suffer or permit to be made, any major additions, alterations or improvements on the Stadium Complex without first obtaining the written consent of City, which consent City may withhold in its sole and absolute discretion. In the event that the consent is given and Invaders makes any major alterations, additions or improvements, such work shall be done in a good and workmanlike manner acceptable to the City. In no event shall Invaders cause, suffer or permit any mechanic’s lien, materialman’s lien or other lien of any kind to be created against or imposed upon the Stadium Complex or any part thereof, and Invaders shall indemnify, defend and save harmless City from any and all liability and claims for damage of any kind and nature which may be made or accrue against City on account of any such major alterations, additions or improvements. At the expiration or termination of this Lease such improvements shall become the property of City and the value thereof will not be offset against any amounts claimed by City as owing under the terms of this Lease. Invaders agrees to bear all costs and expenses incident to the occupancy and maintenance of the structure and improvements placed. IX. INDEMNIFICATION: Invaders agrees to indemnify, defend and save harmless City from any claim for death, injury, damage or loss which may occur in any manner in or about the Stadium Complex in connection with, or arising out of Invaders’ operations and use of the Stadium Complex, except to the extent that such death, injury, damage or loss is caused by the actions or omissions of the City, its employees or agents. X. INSURANCE: City will provide fire and extended coverage to the Stadium Complex during the term of the Lease in such amount and coverage as City deems prudent. Invaders agrees to reimburse City for the amount of insurance premium based upon the pro-rata per square foot cost attributable to the Stadium Complex as determined and billed by City. Invaders understands that fire and extended coverage does not cover the property of Invaders or any property in, on, or about the Stadium Premises that does not belong to City. Page 4 of 10 15  During the term thereof, Invaders shall, at Invaders’ sole cost and expense, maintain in full force and effect a policy or policies of general public liability insurance in which City is named as an additional insured, covering against claims for injury, death, or damage to person(s) or property occurring upon, in, or about the Stadium Complex, with coverage limits of not less than $1,000,000 for bodily injury or death, $100,000 for property damage, and $3,000,000 for all claims arising out of a single occurrence. Invaders shall provide a copy of a certificate of insurance evidencing such coverages within ten (10) days of execution of this Lease, and annually thereafter, which shall name City as an additional insured. Said policy of insurance shall provide for notice of twenty (20) days to City in the event of cancellation for non-payment or any other reason. The failure to maintain policies of insurance as provided above or to provide the City with certificates of insurance as provided herein shall be a default under paragraph 12 of this Lease. In addition, Invaders shall, at Invaders’ sole cost and expense, maintain in full force and effect an alcohol liability insurance policy (also called "dram shop" coverage) with liability limits in amounts no less than $1,000,000 combined single limit of liability for bodily injury, including death, and property damage in any one occurrence. The City shall be named an additional insured and the coverage afforded shall be primary with respect to operations covered. XI. CONDEMNATION OR GOVERNMENTAL TAKING: In the event that the Stadium Complex or any portion thereof shall be condemned for public or quasi-public purpose, or shall be taken by any governmental authority in any manner whatsoever during the term hereof, the parties hereto agree to the following: In the event that the Stadium Complex shall be totally condemned or taken, or condemned or taken so as to render the remainder thereof unusable for purposes for which the Stadium Complex was leased, this Lease shall terminate as of the effective date of such condemnation or taking. In the event that a portion of the Stadium Complex is condemned or taken, but such condemnation or taking does not render the remainder thereof unusable for the purposes for which the Stadium Complex was leased, Invaders’ obligation under this Lease shall continue in full force and effect, but the amount of rent payable by Invaders shall be reduced in the proportion which the portion of the Stadium Complex condemned or taken bears to the total area of the Stadium Complex. In such event, Invaders shall bear any necessary costs of relocating its equipment and placing the remaining Stadium Complex in proper and usable condition. In the event of total or partial condemnation or taking of the Stadium Complex as aforesaid, all compensation awarded or paid upon a total or partial taking of the Stadium Complex shall belong to City and Invaders shall have no right or cause of action against City; provided, however that Invaders shall be entitled to participate in any award to the extent that such award includes the loss, if any, sustained by Invaders as a result of the Page 5 of 10 16 termination of this Lease or diminution of its leasehold estate and the value of any fixtures condemned or taken if such fixtures were installed by Invaders and are located upon the Stadium Complex at the time of such condemnation or taking. Invaders reserves the right to proceed independently of City with any claim for compensation for damages to which Invaders may become entitled by reason of such total or partial condemnation or taking. XII. CONDITIONS OF DEFAULT: If at any time during the term of this Lease, Invaders shall: 1. Default in the payment of rent or any other sums specifically to be paid by Invaders hereunder and such default shall not have been cured within ten (10) days after City shall have given to Invaders written notice specifying such default; or 2. Default in the observance of any of the Invaders’ covenants, agreements or obligations hereunder, other than the covenants to pay rent or any other sum herein specified to be paid by Invaders, and such default shall not have been cured within thirty (30) days after City shall have given to Invaders written notice specifying such default; provided, however, that if the default complained of shall be of such nature that the same cannot be completely remedied or cured within such thirty (30) day period, then such default shall not be an enforceable default against Invaders for the purposes of this paragraph if Invaders shall have commenced curing such default within such thirty (30) day period and shall proceed with reasonable diligence and in good faith to remedy the default complained of; or 3. Finally and without further possibility of appeal or review (1.) be adjudicated bankrupt or insolvent, (2.) have a receiver or trustee appointed for all or substantially all of its business or assets, or (3.) suffer an order to be entered approving a petition filed against Invaders seeking reorganization of Invaders under the Federal Bankruptcy laws or any other applicable law or statute of the United States or any state thereof; or 4. Make an assignment for the benefit of its creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or arrangement under the Federal Bankruptcy law or other applicable law or statute of the United States or any state thereof, or shall file a petition to take advantage of any insolvency act or shall assent to the appointment of a receiver or trustee of all or a substantial part of its business and property; or 5. Leave the Stadium Complex vacant or deserted for a period of sixty (60) consecutive days and such lack of use shall continue for thirty (30) days after City has given Invaders written notice specifying the default. XIII. REMEDIES OF CITY FOR DEFAULT: If Invaders is in default of this Lease, then City shall have the following remedies: Page 6 of 10 17  1. City may sue to collect any and all sums which may accrue to City by virtue of the provisions of this Lease and/or for any and all damage that may accrue by virtue of the breach of this Lease, Invaders hereby waiving all demands for rent; 2. City may sue to restrain by injunction any violation or threatened violation of the covenants, conditions or provisions of this Lease; 3. City may, without further notice to Invaders and without further demand for rent due or for the observance or performance of any of said terms, conditions or agreements, immediately re-enter the Stadium Complex by force or otherwise, without being liable therefore, and remove all persons and property there from, using such force as may be necessary. If this Lease shall be terminated before its expiration by reason of Invaders’ default, or if the Invaders shall abandon or vacate said Stadium Complex before the expiration of the term of this Lease, the same may be re-rented by City (but City shall not be obligated so to do) for such rent and upon such terms as City may see fit and Invaders shall stand liable to City for any deficiency. Any costs incurred in storing Invaders’ property shall be considered additional damages recoverable by City. 4. If Invaders shall at any time be in default in fulfilling any of the covenants of the Lease, City may, but shall not be obligated so to do, and without notice to or demand upon Invaders, take or cause to be taken such action or make such payment as may be required by such covenant, at Invaders’ risk and expense, and all expenses, costs and liabilities of City incurred under this paragraph shall be deemed additional rent hereunder and shall be payable to City on demand together with interest thereon at the rate of fifteen percent (15%) per annum. 5. The remedies of City hereunder shall be cumulative and not exclusive of any other remedy hereunder or to which City may be lawfully entitled. The failure of City to insist upon strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such or any other covenant or option, nor shall the receipt by City of rent with knowledge of any default by Invaders, or any other action of City except a waiver expressed in writing signed by City, be deemed a waiver of such default, nor shall the acceptance of any sum of rental less than the sum provided for in this Lease alter the rental terms hereof or absolve Invaders from its obligation to pay the full rental herein provided, but the acceptance of any lesser sum than the full rent herein stipulated shall be an acceptance of the amount paid on account of the full rent due. XIV. LEGAL FEES: If any person not a party to this Lease shall institute an action against Invaders in which City shall be made a party defendant, Invaders shall indemnify, defend and save City harmless from all liabilities, loss damage and expense by reason thereof, including reasonable attorney’s fees and all reasonable costs incurred by City in such action. If any Page 7 of 10 18 action shall be brought to recover any rental under this Lease, or for or on account of any other default/breach of or to enforce or interpret any of the terms, covenants or conditions of this Lease, or for the recovery of possession of the Premises, City shall be entitled to recover from Invaders all reasonable attorney fees and costs. XV. ASSIGNMENT AND SUBLEASE: Invaders shall not assign this Lease, in whole or in part, nor sublet all or any part of the Stadium Complex. XVI. INTERPRETATION OF LEASE AGREEMENT: Nothing in this Lease shall be construed or interpreted as limiting, relinquishing or waiving of any rights of ownership enjoyed by City in the Stadium Complex; or waiving or limiting City’s authority or control over the management, operation or maintenance of property, except as specifically provided for in this Lease; or impairing governmental rights and police powers of City. XVII. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience and in reference and are not intended to define or limit the scope of any provision of this Lease. XVIII. NOTICES: In the event the ownership of the Invaders change, owners of the team shall immediately notify the City in writing within ten (10) days of the change of ownership. All notices, requests or other communications to City shall be given by regular and certified mail addressed to the following: James Burress, Parks and Recreation Director P.O. Box 1838 Roswell, NM 88202 All notices, requests or other communications to the Invaders shall be given by regular and certified mail addressed to the following: Pecos League of Professional Baseball Clubs P.O. Box 271489 Houston, TX 77277 XIX. EFFECT: The terms and provisions hereof shall extend to and be binding upon the successors and assigns of the parties hereto. XX. WAIVERS: One or more waivers of any covenant, term or condition of this Lease shall not be construed as a waiver of a subsequent default or breach of the same covenant, term or Page 8 of 10 19 condition. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. XXI. GOVERNING LAW; VENUE: This Lease and the rights and obligations of the parties hereunder shall be shall be governed by New Mexico law. Any suit brought by either party regarding this agreement or default or breach thereof shall be filed in the Fifth Judicial District Court of Chaves County, New Mexico. XXII. TERMINATION: This Lease may be terminated by either party by giving thirty (30) days written notice. XXIII. ENTIRE AGREEMENT AND AMENDMENT: This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof, with all negotiations, considerations, and representations between the parties having been incorporated herein. No course of prior dealings between the parties shall be relevant or admissible to supplement, explain, or vary any of the terms of this Lease Agreement. No representations, understandings, or agreements have been made or relied upon in the making of this Lease Agreement other than those specifically set forth herein. This Lease Agreement is the entire Agreement and may be amended only in writing signed by Invaders and the City. Page 9 of 10 20 IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above. CITY: PROFESSIONAL: City of Roswell, New Mexico Pecos League of Professional Baseball Clubs d/b/a the Roswell Invaders BY: BY: Joseph Neeb, City Manager Andrew Dunn, Owner DATE: DATE: CITY SEAL ATTEST: Approved as to form: Sharon Coll, City Clerk Aaron Holloman, City Attorney Page 10 of 10 21