Nolan M. Fields IV Assistant District Attorney Civil Division Tulsa County District Attorney's Office 500 South Denver Avenue, Tulsa, Oklahoma 74103 (918) 596-4900 nfields@tulsacounty.org TO: Board of County Commissioners Ron Peters, Chairman Karen Keith Michael Craddock DATE: August 17, 2018 REFERENCE: First Amendment and Renewal of User Agreement between the City of Glenpool and South County Soccer Club for the Glenpool Soccer Complex Please place this item on the agenda for the next meeting of the Board of County Commissioners. It will not be necessary to review this matter in executive session. If and once the Board consents, the other parties will sign and return the fully executed document. This item is being presented for your review and approval. Please let me know if you have any questions. Respectfully, CC: Richard Bales, Parks Director Nolan M. Fields IV Assistant District Attorney
FIRST AMENDMENT AND RENEWAL City of Glenpool/South County Soccer Club User Agreement for Glenpool Soccer Complex [Tulsa County CMF # 243799] The City of Glenpool/South County Soccer Club User Agreement for Glenpool Soccer Complex ( Agreement ) dated February 20, 2018, and bearing Tulsa County CMF # 243799, is hereby amended and renewed by the parties hereto and thereto, ( First Amendment and Renewal ), only as follows. Section 1. Background and Purpose Is amended as follows: A. The City leases from Landlord certain property located at 13800 S. Peoria, Glenpool, Oklahoma, situated on and a part of the premises of the South [Tulsa] County Recreational Facility ( SoCo Rec Facility ), for the use of two regulation-size soccer fields and related improvements as the Glenpool Soccer Complex, as more fully described in the Agreement (the Premises ), provided that the parties hereto, and to the Agreement, expressly agree and intend that the concession facility located on said Premises shall not be subject to the terms of the Agreement as amended by this First Amendment and Renewal and shall be unconditionally released to the City by User, who claims no interest therein whether as freehold or leasehold, for such purposes as the City sees fit in its sole discretion. Section 2. Term of Agreement Is amended as follows: A. The Agreement is hereby renewed by the parties hereto and the extended term ( Renewal Term ) shall commence on July 1, 2018, and extend through June 30, 2019. B. This Renewal Term may be further renewed, in the discretion of the parties, for successive fiscal year terms to commence July 1, 2019, and extend from July 1 through June 30 of each fiscal year following, so long as this Agreement is not terminated by one or both parties and each party gives notice to the other, by April 30 of the then current fiscal year, of its desire to renew this Agreement or enter a new agreement. Neither party shall have any obligation to extend or renew this Agreement, or subsequent agreements, beyond the June 30 expiration date. Section 9. Concession Facility Is amended as follows: Section 9, providing for the access and use of the concession facility on the Premises by User is stricken in its entirety, and User hereby denies and relinquishes any interest therein whatsoever and hereby further agrees that the 1
City may or may not lease the Concession Facility to a third party, operate the Concession Facility itself or any other option it may choose to exercise. Section 18. Checklist of Documents Required as Condition of Performance Is amended as follows: A. The City of Glenpool/South County Soccer Club User Agreement for Glenpool Soccer Complex, Tulsa County CMF # 243799 (herein referenced as Agreement ), except as otherwise expressly altered or amended by this First Amendment and Renewal is expressly incorporated in its entirety herein by reference. The omission of any section, condition, term or provision of the Agreement from this First Amendment and Renewal is not intended to be, nor shall it be interpreted to be, a waiver of any such section, condition, term or provision of the Agreement. Miscellaneous: This First Amendment and Renewal shall become effective upon approval and execution by a duly authorized representative of the Glenpool City Council and the South County Soccer Club, and ratification by Tulsa County as evidenced by its Resolution Contract/Agreement Renewal dated. The Agreement shall, except as otherwise expressly stated herein, in all other respects without exception, be in full force and effect and binding on the parties hereto as the same is attached hereto and incorporated herein by reference at Exhibit 2. IN WITNESS WHEREOF, City and User have adopted and caused this First Amendment and Renewal of the Agreement between the parties that was effective as of February 20, 2018, to be executed in their respective names by their duly authorized officers and have thereby caused this First Amendment and Renewal to be effective as of the date last executed by a duly authorized signatory for either party. CITY OF GLENPOOL, OKLAHOMA Timothy Lee Fox, Mayor Attest: Wendy Knight, City Clerk Seal 2
Approved as to Form: Lowell Peterson, City Attorney SOUTH COUNTY SOCCER CLUB James Wilhite, President State of Oklahoma ) ) ss. Tulsa County ) VERIFICATION Before me, a notary public, on this day of, 20, personally appeared JAMES WILHITE known to me to be the PRESIDENT of the SOUTH COUNTY SOCCER CLUB (identified as USER in the foregoing instrument) and to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. My Commission Expires: Notary Public 3
City of Glenpool/South County Soccer Club First Amended User Agreement Glenpool Soccer Complex [excludes Concession Facility] TULSA COUNTY As of the day of 2018, Tulsa County has found that the foregoing First Amendment and Renewal of User Agreement between the City of Glenpool, as Tenant of Tulsa County, and South County Soccer Club, as User of the Premises at the Glenpool Soccer Complex, less the Concession Facility, is in substantial compliance with Article 5, Section 5.1 of the Lease Agreement By and Between Tulsa County Board of County Commissioners, Tulsa County, Oklahoma ( Landlord ) and City Council, City of Glenpool, Oklahoma, Tulsa County, Oklahoma ( Tenant ), dated November 21, 2016, as follows: Tenant shall not: (a) assign or in any other manner transfer this Lease or any estate or interest therein; (b) permit any assignment of this Lease or any estate or interest therein by operation of law; (c) sublet the Concession Facility or any part thereof; (d) grant any license, concession, or other right of occupancy of any portion of the Concession Facility without written consent of Landlord; or (e) permit the use of the Concession Facility by any parties other than Tenant, its agents and employees, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. THEREFORE, by the authorized signature below, Tulsa County hereby gives its consent to the foregoing First Amendment and Renewal of User Agreement for operating the Glenpool Soccer Complex, less the concession facility, as executed by the parties thereto. Chairperson Tulsa County Board of County Commissioners [or other authorized signatory] Attest:, County Clerk Seal Approved as to Form:, Assistant District Attorney 4