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HomeMy WebLinkAboutC1990-090 - 1/1/1900 CITY OF CORPUS CHRISTI YOUTH SPORTS ASSISTANCE AGREEMENT TIlE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESF~NTS: This Agreement by and between the City of Corpus Christi, Texas (the "Grantor") and OSO PONY LEAGUE (The "Grantee"); WHEREAS GRANTOR has established a Youth Sports Assistance Program (YSAP) to provide matching funds for capital improvements to City owned or controlled recreational facilities; WHEREAS, the Grantee has been approved to receive a grant of YSAP monies from Grantor for the improvements and location described on Exhibit A attached hereto. NOW, THEREFORE, in consideration of the matching grant provided herein, the Grantor and the Grantee agree as follows: Grantee agrees to provide certain improvements to be located on City property for the benefit and use of the public. The improvements will be in accordance with applicable City codes and will include the purchase, installation and construction of amenities as shown on Exhibit A. Grantor agrees to pay to Grantee the sum set forth on Exhibit A on the condition that said sum be used to assist the Grantee toward the expenses of the same. No grant funds will be eligible for any administrative or other recurring costs. Grantor shall disburse ten percent (10%) of the total project cost to Grantee initially and reimburse Grantee based on costs incurred. Proof of costs incurred shall be reflected by submittal of payment vouchers to Grantor as improvements are constructed or upon completion. After the initial 10% disbursement, Grantee shall be disbursed additional amounts not to exceed the total grant amounts equal to two-thirds of costs incurred. Grantor is under no obligation to grant or reimburse Grantee for expenses or costs which exceed the initial estimates for the improvements. Grantor and Grantee shall make a final inspection of improvements to determine compliance with applicable City codes. Upon completion and acceptance of the improvements by the City, the improvements shall become the property of the City. Grantee agrees to indemnify and forever save harmless the City, its officers, agents, and employees for any and all lawsuits, claims, d~nages, liabilities, losses, and expenses (including court costs, attorney fees, and expert witness fees) arising out of damage or injuries to any and all persons or property resulting from or in connection with any activity by Grantee, its agents, employees, or independent contractors pursuant to the construction or use of the improvements provided by this Agreement. Grantee shall purchase and maintain a Comprehensive General Liability Insurance for a term of five years after installation and acceptance of the improvements. Minimum limits of coverage shall be $100,000/$300,000 for bodily injury or death and $50,000 for property damage. The insurance policy shall name the City of Corpus Christi as additional insured. Failure to construct the improvements as specified on exhibit A shall constitute a breach of the Agreement and may result in the revocation of the grant provided herein. Upon a breach of this Agreement, Grantor may demand reimbursement of all funds delivered to Grantee and such other remedies as may be permitted by law. In the event legal proceedings must be instituted for enforcement of this Agreement, Grantee agrees to pay court costs and reasonable attorney fees. This Agreement may be terminated at any time prior to the disbursement of any YSAP monies to Grantee. Termination of this Agreement after the initial disbursement shall require the written consent of Grantor and the return of all prior disbursements received by Grantee. EXECUTED IN DUPLICATE, each 9f which shall be considered an original, this the ~J~.day of ~., 1990. ATTEST: THE~CITY OF CORPUS CHRISTI, TEXAS "Grant°A ~ \\ k~ By:~, Representative Approved: ~) day oft ~P'~ / , HAL GEORGE, CITY ATTORNEY Assistant C~-~ A~torney ~ Exhibit A - Description of Improvements 1990. ,, JOL:sa 4/13/90 EXHIBIT A Attached to and made a part of the Youth Sports Assistance Program Agreement by and between the City of Corpus Christi and OSO PONY LEAGUE. PROJECT SPONSOR: ADDRESS OF FACILITY: PRESIDENT'S NAME: ADDRESS: OSO PONY LEAGUE SOUTH GUTH PARK DAN PEREZ 1001 SALEM TELEPHONE NUMBER: (512)993-8459 GRANT AMOUNT AUTHORIZED: $ 12000.00 LEAGUE MATCHING AMOUNT: $ 6000.00 TOTAL PROJECT: $ 18000.00 PE OF WORK: LI~HTILG PINTO FIELD, REPAIR BLEACHER RAILINGS AND BACKSTOPS AT VARIOUS FIELDS, CONCESSIONS STAND IMPROVEMENTS, ~MPROVEMENT TO DRAINAGE AND FENCING.___ ~4~niti~d~ague Representative DAN PEREZ 1001 SALF~: (78412) JOL:sa 4/16/90 ysagree.doc