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HomeMy WebLinkAboutC2026-032 - 3/17/2026 - NA USE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND OSO PONY BASEBALL OF CORPUS CHRISTI, INC. AND AGREEMENT FOR EXCLUSIVE USE OF CONCESSION STAND This use agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City") and OSO PONY BASEBALL OF CORPUS CHRISTI, INC. ("Licensee"), a nonprofit corporation, acting through its duly authorized agent. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, which will be known as the "Premises"; and WHEREAS, the City desires to allow Licensee to use the Premises for said program; NOW, THEREFORE, the City and Licensee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. The term of this Agreement shall be for an initial period of one (1) year and shall automatically renew for successive one-year terms unless terminated by either party in accordance with this Agreement. Section 2. Contact Person/Agreement Administrator. For this Agreement, the City's contact person and Agreement administrator is the Director of Parks and Recreation or designee ("Director") or designee. Section 3. Premises and Facilities. City agrees to allow Licensee to use the Premises, as described and delineated in Exhibit A, the site map which is attached hereto and incorporated herein by reference. Included with this Agreement are certain facilities as expressly delineated in Exhibit B, attached hereto and incorporated herein by reference. Any other facilities not listed in Exhibit B shall not be used by Licensee without prior written approval by the Director or designee. Section 4. Facility Cost. Licensee agrees to pay an hourly rate for field reservations as outlined in Exhibit C, attached hereto and incorporated herein by reference. All fees are due and payable on or before the 1st day of each month for the term of this Agreement. Payment must be made using the Parks and Recreation online payment system ("Civic Rec"). Failure to submit payments by the 3rd day of each month will require the addition of a $50.00 late fee. If the Licensee has paid rental/reservation fees in advance and subsequently provides written notice that a scheduled reservation will not be used, the City shall reimburse the Licensee or apply a credit to the Licensee's account for the unused rental/reservation within 14 days' notice from Licensee. Section 5. Prohibited Use of Premises and Facilities. Licensee shall not use or occupy or permit the Premises or Facilities or any part thereof to be used or occupied for any SCANNED unlawful business, unlawful use purpose, nor for any business, use, or purpose deemed disreputable or extra hazardous, nor for any purpose of in any manner which is in violation of any present or future governmental laws or regulations. Licensee will not do or permit anything to be done in, upon or about the premises that increases the fire hazard beyond that which exists by reason of the ordinary use or occupancy of the premises for the purposes specified in the exhibits. Licensee will not be or permit to be done anything which will make uninsurable the premises or any part thereof. Licensee will not permit any mechanic's or other liens to stand against the premises for work or material furnished to Licensee. Licensee shall indemnify the City against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable counsel fees arising out of any violation of or default in the covenants. Section 6. Use of Fields and Field Scheduling. Licensee shall schedule practices, regular season games, related activities, tournaments, tryouts, and additional games ("Event" or "Events") as needed. References to "event" or "events" in this Agreement, whether capitalized or not, shall be deemed to refer to an Event or Events as defined herein. Licensee shall provide the Corpus Christi Parks and Recreation Department ("PARD") a schedule for field use on each individual field at least 30 days before the first day of the athletic season. This can be sent via e-mail or mail to the Director or designee. Licensee shall provide such schedule to PARD to reserve the appropriate fields for its baseball events. In the event that the schedule changes or additional events are scheduled, Licensee shall notify PARD at least 5 days prior to the Event. All other activities are subject to the terms of Section 25 below. Section 7. Premises Maintenance & Facility Setup. A. Licensee shall collect all trash and litter from the Premises and Facilities each day at the conclusion of the Event(s) and dispose of it properly and in the manner set out below in Section 17. B. City will ensure that all sports-specific line markings are completed for Licensee's league games and will drag and set bases for practice. The City shall setup, provide, and maintain standard baseball field equipment customarily supplied for reservations, rentals, and events, including bases, pitching mounds, home plates, and related field hardware. C. City will be responsible for mowing and field maintenance outside and inside the chain link fences. The City's responsibility includes but is not limited to maintenance and repair of fencing, parking lots, restrooms, edging the infields, and sidewalks. D. City shall be responsible for routine field and facility maintenance inside and outside the chain link fences. Such responsibility includes, but is not limited to, mowing and trimming, turf maintenance, minor repairs, and maintenance and repair of fencing, parking lots, restrooms, sidewalks, and related infrastructure. E. The City shall maintain a publicly accessible calendar reflecting all field reservations, rentals, and scheduled uses of the Premises. Licensee shall be granted access to view such calendar for planning and coordination purposes. F. In addition, the Licensee shall be permitted reasonable access to its reserved fields and facilities up to twenty-four (24) hours prior to its scheduled rental/reservation for purposes of field inspection, preparation, and setup, provided such access does not materially interfere with a prior scheduled use approved by the City. G. The City shall be responsible for unlocking, locking, and otherwise making restroom facilities accessible for Licensee's scheduled events, including ensuring that restrooms are open and available for public use during the duration of such events. Licensee shall not be responsible for providing access to, unlocking, or securing restroom facilities for any person or organization not affiliated with Licensee. H. During Licensee's scheduled Events, the City shall provide Licensee reasonable access to the conference room located on the Premises for operational purposes related to such Events, including meetings, scorekeeping, administration, or event coordination. Section 8. Facility Maintenance. A. Licensee shall obtain all Health Department Certificates for each person who will be staffing the concession building during Events and copies of those certificates must be submitted to the Director at the beginning of each calendar year, and thereafter only if certificates are renewed, updated, expire, or if new personnel are added. B. Licensee shall obtain written permission from Director or designee before any installation or repairs. C. Licensee shall keep in operation only the essential appliances during the season's non-use times when the facility is unused for more than 30 days. Only refrigerators and freezers may be left on during nonuse times. All air conditioners and heaters shall be turned off during non-use times. Ice machines shall be unplugged, and ice machine water lines unhooked during the off-season. D. City will be responsible for all fixtures, appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a / clean, safe, sanitary manner in compliance with City, County, and State statutes, ordinances, and applicable government agencies. E. City will be responsible for off-season winterizing of plumbing fixtures and cutting off all water inside the concession building from December 1 to January 31 or at the end of the current season. F. City will be responsible for all maintenance and repairs to the permanent physical structure of the buildings, such as electrical wiring, plumbing, and other structural components, except in cases of negligence or intentional misuse by Licensee or Licensee's agents. In such cases, Licensee shall be liable. G. Licensee shall retain the exclusive right to occupy, staff, and operate the concession stand building during any event, reservation, rental, tournament, showcase, or organized activity conducted on the Premises by a non-affiliated organization, group, or individual. No other organization, group, or individual shall be permitted to sell, distribute, or provide food, beverages, snacks, concessions, or similar items within the concession stand building (Concession Stand), on the Premises, or within the area depicted in Exhibit D, attached hereto and incorporated herein by reference, or any gate to the Oso Baseball Complex during any Licensee- scheduled Event, without the prior written consent of the Licensee. Individuals shall be allowed to bring in water, formula and baby food, breastmilk, or medically necessary food or drink in any container for their own personal use or use by their own child or dependent. H. Nothing herein shall require the Licensee to operate the concession stand during events conducted by non-affiliated users, but if concessions are operated, such operation shall be exclusively by the Licensee. The Licensee shall not be required to pay any admission fee, gate fee, access fee, rental fee, or similar charge to any non-affiliated organization, group, or individual in order to enter the Premises, occupy the Concession Stand, or operate concessions during any event or activity, up to three individuals. Should Licensee exceed three individuals to staff the Concession Stand, Licensee shall pay any admission fee, gate fee, access fee, rental fee, or any other similar charge to the non-affiliated user of the fields for each of those additional individuals. Section 9. General Maintenance. A. City will provide a level of maintenance service to all park and recreation facilities that ensure the safe and efficient use of facilities by Licensee and the general public. B. Licensee shall be responsible for correcting hazardous conditions related to Licensee's activities. Failure to address the hazardous conditions within 24 hours could result in the suspension of all league activity. C. Licensee shall be responsible for and bear all costs related to the operation of any and all league, season, or sport-specific upkeep to the facility. D. Licensee is responsible for maintaining its own equipment, materials, and supplies, including but not limited to bases, public address systems, and nets. City will provide a Conex box to Licensee to store its personal property, equipment, material, and supplies during the term of this agreement. Until such time as the Conex box is delivered and made available for use, the City shall allow Licensee to store its personal property, equipment, materials, and supplies in the on-premises storage facility. The Conex box shall be, at a minimum, the same square-footage as the current storage facility, and be at least eight (8) feet tall. E. City will not provide maintenance or upkeep to property or facilities that are not owned by the City, but retains the right to remove the property after 72- hour written notification to Licensee. Section 10: Security. City parks are patrolled regularly by the Corpus Christi Police Department ("CCPD"). PARD provides Park Compliance to monitor the parks. The role of City personnel is to conduct daily visits and inspections and report problems to PARD and/or CCPD. As such, it is neither the responsibility nor the right of persons other than those representing the City to enforce park rules and regulations. If you are a witness to a violation of those rules or actions inconsistent with expectations of a public setting, please contact a City employee, or for reporting after-hours incidents (6:00 p.m. to 8:00 a.m., weekends and holidays), contact CCPD's main number (361) 826-2600. The City shall post signs listing the telephone numbers. Licensee shall be responsible for the total contents of all buildings. Securing any insurance to include all contents of the building(s) is optional and will be the responsibility of Licensee. Section 11: Restroom Facilities. Restroom facilities are available at City-owned facilities. The cleaning of restrooms and provision of necessary supplies is the responsibility of City. City will clean the restrooms as needed. City expects assistance in meeting the health and safety needs of our park's patrons. Licensee may be responsible for supplemental cleaning of the restrooms associated with Licensee's activities and events. The City does not encourage the use of restroom facilities at private or semi- public facilities located adjacent to City-owned parks. Section 12: Facility Keys. Keys will be provided by City to Licensee for the concession building, storage building, gates, and lighting boxes. Keys may be limited to maximum of two keys issued for each facility. Upon termination of this Agreement, Licensee shall provide a list of all member names and telephone numbers in possession of facility keys. I I Section 13. Parking. A. Licensee is entitled to use parking areas located at each park. B. All users are required to obey all traffic laws and regulations when utilizing park roadways. "No Parking" areas, as designated by posted signs, will be strictly enforced. C. Provisions can be made to reserve parking spaces for Emergency Vehicles. D. Handicapped parking spaces are available at each established parking area. E. No motorized vehicles will be allowed in the parks. An exemption will be made to accommodate emergency vehicles assisting or attending to an accident or injury, for ADA accommodations, or for the delivery of equipment, supplies, and/or materials. F. Charging for parking is not allowed. G. Licensee shall not drive, operate, or otherwise use vehicles or machinery on walkways or in the facility for purposes other than those approved by the City Manager or his appointee. H. Licensee shall not allow any players, coaches, managers, referees, umpires, spectators, vendors, or other invitees or attendees to use any vehicles on the walkway, in the facility, or onto the athletic fields. Section 14. Lighting Policies. Activity lighting shall end no later than 10:00 p.m. on weekdays and 11:00 p.m. on Saturday or Sunday evenings. Section 15: Signage. A. All signage must be submitted to Director for written approval prior to installation or replacement. Director or designee reserves the right to deny any signage. B. Sponsorship signs are allowed at facilities if they meet the City specifications. The City recognizes two types of sponsorship signs: Sponsorship signs attached to the concession building or other buildings; and ii. Sponsorship signs attached to ball field fence work and field scoreboards. i C. Licensee shall submit proposed placement of permanent sponsorship signs or sponsorship signs attached to buildings prior to installation or replacement to Director and receive written authorization prior to installation or replacement. B. Sponsorship signs attached to fence work must not exceed 4 feet tall, at least '/4-inch thick, and 8 feet wide. These signs may be attached to the ball field fences if they are legible from the ball field viewing area, are well painted and maintained as decided by Director, and are all placed at the same height from the ground. The City before installation must approve the exact placement of the sign. C. Requests to place signs on facilities that have not previously had signs will require the advance approval of the Director. A written request must be submitted to the Director or designee prior to the desired date of installation. Director or designee reserves the right to deny approval. D. All sponsorship signs that are damaged from weather, vandalism, or normal wear and tear must be repaired or replaced by Licensee within a reasonable time after notification by Director or designee or Manager. If not replaced or repaired in a timely manner, the City reserves the right to remove and dispose of the sign. E. All sponsorship signs shall be reviewed annually to determine if they should be repaired, updated, or removed. Prior approval of a design or placement of signage will not be a guarantee of continued approval. Director or designee reserves the right to determine if signage should be repaired, updated, or removed. F. City may place sponsorship signs at its discretion. G. If the Licensee submits a complete written request for approval of signage or sponsorship placement in accordance with this Section and the Director or designee does not approve or deny the request in writing within fourteen (14) calendar days of receipt, the request shall be deemed approved, and the Licensee may proceed with installation as proposed. H. Unless earlier revoked, approval to construct, erect, or place a fence or wall sign is valid for one year from the date of approval. Requests for annual renewal of specific signs shall be submitted in writing to the Director or designee. Section 16. Litter Control. A. Licensee shall be responsible for removing trash on the days of their events from dugouts, in and around concession stands, playing fields, /e5 facilities/buildings, parking areas, and common areas for trash, debris, and litter associated with its activities. Licensee shall dispose of trash and recyclables to the dumpsters at the close of the concession building each evening. B. The City will share the responsibility to keep all facilities clean of trash, debris, and litter. Currently the City collects trash from the trash receptacles daily at all community and neighborhood parks. Litter and debris collection is completed daily by the City. The City will incur the cost of providing dumpster and recycling containers which will be scheduled to be emptied on a weekly basis throughout the term of this Agreement. C. The City shall provide and maintain dumpster service and solid waste collection for the Premises throughout the term of this Agreement. Section 17. Service Request/Work Order System. All service and maintenance requests must be made through the City's 3-1-1 system (call menu #7: "other services") to generate a work order or service/maintenance request. Emergency requests may be made in person. In-person requests must be followed up with a service or maintenance quest through the 3-1-1 system. Section 18. Vandalism. A. Licensee shall be responsible for properly securing access to all doors, windows, or any other points from which a person could enter during and at the end of its events. B. Licensee shall be responsible for securing the concession building, storage building, and batting cages when not in use by Licensee. C. City will share in the responsibility of deterrence by providing sufficient lighting, frequent police patrols, security cameras, overall security assessment, and other measures upon the review and permission of the Director or designee. D. Repairs to facilities caused by vandalism will be the responsibility of the City unless it is found under investigation that access was not secured by Licensee. The City will repair or replace due to vandalism, as necessary, the following equipment: air conditioners/heaters, electrical and lightning systems, telephone systems, plumbing systems, or others upon review and permission of the Director. E. Licensee shall be responsible for replacing or repairing items vandalized which Licensee owns, including but not limited to, the netting on the batting cages which may become worn by use. Section 19. Emergencies and Accidents. Licensee and its agents and representatives should make every attempt to inform the PARD of all accidents that require medical attention by health care professionals. Accidents involving the condition or maintenance of facilities should be reported to PARD at the beginning of the first business day following the accident. Emergencies involving maintenance of the facility should be reported immediately by contacting CCPD at (361) 886-2600. Section 20. Utilities. Electric and water service, which will be in the name of the City, will be available to Licensee on an as-required basis during its regular seasons or approved special off-season activities. Licensee shall schedule with the City, at least 5 business days in advance, if field lights are required. The City will be responsible for 100% of the electrical costs and will be responsible for all charges associated with providing service for water and sewer. It is intended that water and sewer service shall always be the sole responsibility of the City. Section 21. Sportsmanship Program. Licensee shall promote sportsmanship and positive conduct among its coaches, participants, and families. Licensee shall utilize a state-recognized, nationally recognized, or Director-approved sportsmanship, conduct, or educational program or materials. Section 22. Background Checks. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 23. Assignment and Sublease. This Agreement may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. For purposes of this Agreement, a `sublease' means the transfer or conveyance by the Licensee of possessory or exclusive use rights to all or a material portion of the Premises to a third party for consideration, such that the Licensee relinquishes primary control and operational responsibility during the period of use. "Third Party" herein means any individual, organization, entity, or group other than the Licensee. Third party does not include the Licensee's teams, players, coaches, volunteers, officials, umpires, parents, spectators, sponsors, vendors engaged by the Licensee, or participants in Licensee- scheduled events (collectively "Licensee's affiliates" herein). Subleasing of the Premises is strictly prohibited. Any subleasing of the Premises shall constitute a material breach of this Agreement. At no time shall Licensee charge third party organizations fees or in-kind services for use of the City-owned Premises, Improvements, or Concession Stand. If a third-party organization, person, party, or entity wishes to use the Premises and Improvements, those reservations shall go through the City. Concession Stand is to be operated by Licensee only. At no time shall Licensee accept cash, payments, or in-kind services from third party organizations for use of the Premises, Improvements, or Concession Stand. Notwithstanding the foregoing, the collection by the Licensee of league fees, team fees, entry fees, registration fees, or participation-related charges from teams, players, or participants for Licensee-scheduled games, practices, tournaments, showcases, or other events shall not be deemed an assignment, sublease, I I or rental of the Premises, Improvements, or Concession Stand, provided the Licensee retains primary control and operational responsibility for such Events. Section 24. Tournaments and Showcases. The Licensee's right to conduct tournaments on the Premises is strictly limited to Licensee's sanctioned tournaments. For purposes of this Agreement, "sanctioned" means officially approved, recognized, and governed by the respective national or regional Pony League organization. The Licensee shall not host, organize, permit, or facilitate any other type of "non- sanctioned" tournament, including but not limited to: 1. Tournaments where a third party person, organization, entity, athletic organization, club, school, or league is charging a fee to conduct or participate in an event at the subject premises; 2. Invitational or showcase tournaments organized by third party organizations and where a fee is being charged by such organization to conduct or participate in an event at the subject premises. Any tournament activity beyond Licensee's sanctioned tournaments requires the City's prior written consent and, if conducted without such approval, shall constitute a breach of this Agreement. Section 25. Joint Use. A. The City retains joint use of the Premises and Improvements during the term of this Agreement, with priority use rights over the Licensee. Licensee shall have exclusive control of the Premises only during its scheduled use for Licensee's sport program and event purposes. All requests for scheduled organized activities by other organizations shall be subject to review and approval or denial by the Director or designee. B. City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Licensee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and its Facilities. Section 26. Current Officers and Board of Directors and Bylaws. Licensee must provide its current list of officers and boards of Directors (List) to Director at time Agreement is signed and then annually within thirty (30) days of Licensee's fiscal year. List must contain each person's title, name, phone number, and email address. Licensee must notify Director in writing within thirty (30) days if there are any changes in the List. Licensee must provide Director with copy of the current bylaws at the time this Agreement is signed and provide Director with any amendments to the bylaws within thirty (30) days if there are any changes to the bylaws. Section 27. Audit. At City's option, City may cause, at ally reasonable time, at least ten (10) business days prior written notice to Licensee, an audit to be made of Licensee's books of account with respect to its use of Premises and Improvements. Such audit may be made by a qualified representative selected by City, including City Auditor. If Licensee elects to dispute any such audit, Licensee may engage an independent Certified Public Accountant or other qualified representative selected by Licensee to complete an audit with respect to its use under this Agreement. Such Auditor may not be a member of Licensee's organization, nor shall such Auditor have children who participate in Licensee's events held under this Agreement. Section 28. Advertising. A. Advertising related to the Licensee's nonprofit organization, programs, registration, events, tournaments, and activities shall be permitted on the Premises and Facilities, subject to reasonable time, place, and manner restrictions consistent with this Agreement and applicable City specifications. B. Advertising signage, banners, posters, or similar materials shall be subject to the same review, placement, size, and maintenance standards applicable to sponsorship signage under this Agreement. Advertising that is unsafe, obscene, or inconsistent with the recreational purpose of the Premises may be prohibited by the Director or designee. C. Advertising by the Licensee shall not be unreasonably denied, conditioned, or delayed, and prior approval shall not be required for temporary or event-specific advertising related to Licensee-scheduled Events that complies with City specifications. D. Nothing herein shall prohibit the City from regulating commercial advertising unrelated to the Licensee's nonprofit activities from placing City-approved advertising or sponsorship signage at its discretion. Section 29. Indemnity. Licensee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Licensee's programs; (2) the exercise of rights under this Agreement; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Licensee, or the Licensee's program whether authorized with the express or implied invitation or permission of Licensee (collectively, Licensee's Invitees) entering upon the Premises or its Improvements pursuant to this Agreement, or trespassers entering upon the Premises or its Improvements during Licensee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Licensee covenants and agrees that if City is made a party to any litigation against Licensee or in any litigation commenced by any party, other than Licensee relating to this Agreement, Licensee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 30. Insurance. Licensee shall comply with the insurance requirements in Exhibit E, attached hereto and incorporated herein by reference. /C=c� Section 31. Termination. A. City Manager may immediately terminate this Agreement for cause and without penalty if the City Manager determines, in his sole discretion, that Licensee is no longer fulfilling the primary purpose of the Agreement. B. In addition, the City Manager may immediately terminate this Agreement for cause and without penalty if he determines, in its sole discretion that Licensee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. C. Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director must give Licensee written notice to cure or begin curing the default(s) within ten business days of receipt of the notice. If Licensee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) business days of receiving said notice, the City may terminate this Agreement for cause without penalty by providing written notice of termination. D. Either City Manager or Licensee may terminate this Agreement without cause without penalty by giving 30 days written notice to the non- terminating party. E. Licensee's property must be removed from the Premises and Facilities upon date of termination. If it is not removed by Licensee, then City may retain property for City purposes or City may dispose of the property in any manner deemed appropriate by Director or designee and Licensee shall pay City's costs for disposal. F. Notwithstanding any other provision of this Agreement, including the City's right to terminate with or without cause, once Licensee has publicly opened registration for a seasonal league program and such registration has commenced, the City shall not terminate this Agreement, suspend Licensee's operations, or revoke Licensee's use of the Premises and Facilities in a manner that prevents completion of that season, except in cases of: 1. Immediate threats to public health or safety; 2. Damage rendering the Premises unusable; 3. Court order; 4. Force majeure as defined herein; or 5. Material breach by Licensee that remains uncured after written notice i and opportunity to cure pursuant to this Agreement. 6. For purposes of this section, a "season" shall mean the period beginning on the first date of public registration for that season and ending upon completion of all scheduled regular season games, tournaments, and playoffs/all stars for that season, so long as the events outlined in this section were provided to PARD at the beginning of the season. Any events not provided to PARD at the beginning of the season shall not be considered. Post-season activities not listed in this section shall not be included. 7. In the event of termination or non-renewal, such termination shall not become effective until the conclusion of the active season then underway, unless one of the exceptions listed above applies. Section 32. Weather Issues and Cancellations. A. Licensee shall leave the field and suspend ALL outdoor activities if lightning is observed or thunder is audible. Every person should immediately seek shelter in a building or automobile and remain in shelter until thirty (30) minutes following the last sign of thunder or lightning. B. Additionally, PARD reserves the right to delay or cancel play or restrict access to fields for special occurrences including, but not limited to, the following: 1. Emergency or damage that causes a safety concern; 2. Standing-water on the field; 3. Wet/spongy soil; 4. Play would result in damage to the field; 5. Inclement weather, severe weather, or steady rain; 6. Visible frost or snow layer on field; or 7. Any other condition or circumstance that necessitates a delay, cancellation, or restriction. C. The determination that a delay, cancellation, or restriction is necessitated by any one or more of the conditions or circumstances listed above is in the sole discretion of PARD. Cancellations will adhere to the following timelines as closely as possible: /s SCHEDULED EVENT: CANCEL NO LATER THAN: Local game/practice 2 hours before scheduled event Hosting games involving out of 24 hours before scheduled event town teams Tournament 24 hours before scheduled event Custom Event 24 hours before scheduled event D. PARD will make every effort to accommodate all approved field reservations, especially for tournaments and events that have no rain date options. If additional dates, times, or fields are needed to reschedule make- up games, preapproval by PARD is required. Damage resulting from unauthorized use, particularly during wet or rainy conditions, or for any other reasons resulting from the actions of the Licensee, are the responsibility of the Licensee. The Licensee or individual will be held financially responsible for all damages. E. Cancellation/refunds for users who cancel a field reservation(s) less than seven days ahead of scheduled date will be responsible for full price of that field rental(s). If Licensee cancels a field reservation at least seven days in advance of a scheduled date, Licensee will not be charged or will receive a full refund of deposit (if applicable). F. If PARD cancels a reservation, the deposit and any other fees paid will be refunded in full. There will not be any other remuneration or compensation. G. Cancellation due to 1) unfavorable weather, 2) field conditions that would result in damage of the fields, 3) and when there is no mutually agreed upon reschedule date, there will be no fees charged and deposits/fees will be credited to account. Section 33: Enhancements. A. Licensee shall not install, build, or perform any type of facility or property improvement without the express written consent of the Director. Any alteration, addition, or improvement made by Licensee after such prior written consent shall have been given, and any fixtures and improvements installed as a part thereof, shall at the City of Corpus Christi option, become the property of the City of Corpus Christi upon the expiration or sooner termination of the Agreement, provided, however, that the City of Corpus Christi shall have the right to require Licensee to remove such fixtures at the Licensee's cost upon such termination of this Agreement. B. All movable trade fixtures and personal property, exclusive of heating and/or air conditioning, shall remain the property of the Licensee. C. Enhancements could include but are not limited to, enlarging ball fields, establishing new fields, bleachers, benches, extra landscaping, and modifying irrigation systems. D. Requests for improvements must be submitted in writing to the Parks and Recreation Department at least 30 days prior to the desired date of performing the improvement. All requests require approval of the City Manager or designee. Section 34: City Ordinances and Policies. Licensee shall comply with City ordinances and policies related to the use of park Premises and Facilities. Section 35. Notice. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two business days after deposit with the United States Postal Service. All such communications must only be made to the following: If to City: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Email: sergiog3@corpuschristitx.gov If to Licensee: OSO Pony Baseball of Corpus Christi, Inc. 1901 Paul Jones Avenue Corpus Christi, TX 78412 Email: With a copy to: Rey Saenz 5826 Sutherland Drive Corpus Christi, TX 78414 Either party may change the address to which notice is sent by using a method set out above. Licensee will notify the City of an address change within 30 days after the address is changed. Section 36. Amendments. No alterations, changes, or modifications of the terms of this Agreement, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. I Section 37. Waiver. A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition. C. If any action by the Licensee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. D. Any waiver or indulgence of Licensee's default of any provision of this Agreement shall not be considered an estoppel against the City. It is expressly understood that, if at any time Licensee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. Section 38. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 39. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. Section 40. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it I I / I is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 41. Compliance with State and Federal Laws. The following provisions are in this contract for compliance with state and federal law, and the City does not opine on their validity or enforceability. Licensee shall bear the entire sole burden for complying with any of these clauses. Prior to the enforcement of any of the following clauses, the City will give at least 30 days notice of alleged violation thereof and an opportunity for the Licensee to be heard concerning the alleged violation, effect thereof on the City, and proposed remedial measures: • Licensee warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, religion, sex, age, disability, creed, color, or national origin. • Licensee shall provide all services and activities required to comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933]. • Licensee agrees to comply with Tex. Gov't Code § 2252.908 and submit Form 1295 to the City with the signed agreement. The Parties agree that the City is not responsible for the information contained in Form 1295. • In accordance with Tex. Gov't Code §2252.909, Licensee must include in each contract for the construction, alteration or repair of an improvement to this property a condition that the contractor execute a payment bond that conforms to Subchapter I, Chapter 53, Property Code and a performance bond equal to the amount of the contract and conditioned on the faithful performance of the contractor's work in accordance with the plans, specifications and contract documents. Licensee must provide the City with a notice of commencement at least 90 days prior to start of construction, alteration or repair that complies with Texas Gov't Code § 2252.909. Section 42. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Licensee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, except for the promulgation of future maintenance rules as contemplated herein above, as the parties intend to provide for a complete understanding / I within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Licensee's use of the Premises. CITY OF CORPUS CHRISTI ATTEST: Robert Dodd R cca Huerta Director of Parks and Recreation City Secretary APPROVED AS TO FORM: g(A_a4 ( 1 , 20T4; L- Assistant City Attorney For Miles Risley, City Attorney LICENSEE OSO PONY BASEBALL OF CORPUS CHRISTI, INC. By: Red Senz Name: lee, 3a-4-eg Title: ?asf fled Exhibit List: Exhibit A — Premises Exhibit B — Field Inventory Exhibit C — Fee Schedule Exhibit D — Exclusive Area Prohibiting Sale, Distribution, Food, Beverages, Snacks, Concessions, or Similar Items Exhibit E — Insurance Exhibit /c=c� Exhibit A — Premises ......, .. y' Iv Jar' i - -' --- :.vo• ' — .4* , • n V /e5' Exhibit B - Field Inventory P•„ x ,nd.Recreation Field lnvento The City of Corpus Christi Parks and Recreation is responsible for scheduling the following athletic fields: Field Type of use permitted Hrty<7pm Hrly>7pm Tournament Rate #1 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #2 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #3 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #4 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #1 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #2 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #3 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #4 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #5 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #6 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #7 Youth Baseball/Softball $4.25 $5.25 $20/hr+$10(lights) #8 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #9 Youth Baseball $4.25 $5.25 $20/hr+$10(lights) #10 Youth Kickball $4.25 $5.25 $20/hr+$10(lights) #11 Youth Kickball $4.25 $5.25 $20/hr+$10 (lights) #12 Youth Kickball $4.25 $5.25 $20/hr+$10(lights) #13 Youth Kickball $4.25 $5.25 $20/hr+$10(lights) #1 Multi-Purpose Field $4.25 N/A $15/hr #2 Multi-Purpose Field $4.25 N/A $15/hr #3 Multi-Purpose Field $4.25 N/A $15/hr #4 Multi-Purpose Field $4.25 N/A $15/hr #5 Youth Soccer $4.25 $5.25 $15/hr+$10(lights) #6 Youth Soccer $4.25 N/A $15/hr #7 Youth Soccer $4.25 N/A $15/hr #8 Youth Soccer $4.25 N/A $15/hr #9 Youth Soccer $4.25 N/A $15/hr #1 Youth Baseball $4.25 $5.25 $15/hr+$10 (lights) #2 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #3 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #4 Warm up Area #5 Rental Only Youth Baseball $45.00 $65.00 $250/12 hrs. #6 Cricket Field N/A #7 Rental Only Youth Baseball $45.00 $65.00 $250/12 hrs. #8 Rental Only Youth Softball $45.00 $65.00 $250/12 hrs. THE CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT RESERVES THE RIGHT TO SUSPEND FIELD AVAILABILITY DUE TO WEATHER AND/OROTHER CONDITIONS IN WHICH USE WOULD CAUSE EXCESSIVE DAMAGE. ___1 The City of Corpus Christi Parks and Recreation is responsible for scheduling the following athletic fields: Field Type of use permitted Hrly<7pm Hrly>7pm Tournament Rate Admim ILL U #9 Rental Only Youth Softball $45.00 $65.00 $250/12 hrs. #10 Rental Only Youth Softball $45.00 $65.00 $250/12 hrs. #11 Rental Only Youth Softball $45.00 $65.00 $250/12 hrs. #12 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #13 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #1 Youth Soccer $4.25 N/A $15/hr #2 Youth Soccer $4.25 N/A $15/hr #3 Youth Soccer $4.25 N/A $15/hr #4 Youth Soccer $4.25 N/A $15/hr Pope Park South #1 Youth Soccer $4.25 N/A $15/hr #2 Youth Soccer $4.25 N/A $15/hr #3 Youth Soccer $4.25 N/A $15/hr #4 Youth Soccer $4.25 N/A $15/hr #1 Youth Soccer $4.25 N/A $15/hr #2 Youth Soccer $4.25 N/A $15/hr Exhibit C - Fee Schedule Parks and Recreation greement F 1 The City of Corpus Christi Parks and Recreation is responsible for scheduling the following athletic fields: Field Type of use permitted Hrly<7pm Hrly>7pm Tournament Rate Youth Baseball $4.25 $5.25 $15/hr+$10(lights) Youth Baseball $4.25 $5.25 $15/hr+$10(lights) MIIIII #1 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #2 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #3 Youth Baseball/Softball $4.25 $5.25 $15/hr+$10(lights) #4 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #5 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #6 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #7 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #8 Youth Kickball $4.25 $5.25 $15/hr+$10(lights) #9 Multi-Sports Field $4.25 $5.25 $15/hr+$10(lights) #10 Multi-Sports Field $4.25 $5.25 $15/hr+$10(lights) #11 Soccer Field $4.25 N/A $15/hr #12 Soccer Field $4.25 N/A $15/hr #13 Soccer Field $4.25 N/A $15/hr #14 Soccer Field $4.25 N/A $15/hr #15 Soccer Field $4.25 N/A $15/hr #16 Soccer Field $4.25 N/A $15/hr #17 Soccer Field $4.25 N/A $15/hr #18 Soccer Field $4.25 $5.25 $15/hr+$10(lights) #19 Soccer Field $4.25 $5.25 $15/hr+$10(lights) #20 Soccer Field $4.25 N/A $15/hr #21 Soccer Field $4.25 N/A $15/hr #1 Youth Baseball/Softball $4.25 $5.25 $15/hr+$10(lights) #2 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #3 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #4 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #5 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #6 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #7 Youth Baseball $4.25 $5.25 $15/hr+$10(lights) #8 Multi-Sports Field $4.25 N/A $15/hr Err #1 Softball $4.25 $5.25 $15/hr+$10 (lights) THE CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT RESERVES THE RIGHT TO SUSPEND FIELD AVAILABILITY DUE TO WEATHER AND/OROTHER CONDITIONS IN WHICH USE WOULD CAUSE EXCESSIVE DAMAGE. Exhibit D — Exclusive Area Prohibiting Sale, Distribution, Food, Beverages, Snacks, Concessions, or Similar Items /tit"( .* .,,,,44,„. r'' i 'r , . ............ ....., „. . fir. ,.. i� ,-?, � Ell , ,. Ba�'A ,� :e; Baset�lileague Pt� ?� r i *Any area depicted in this Exhibit that extends into National Pony League fields or areas covered by the use agreement between National and the City of Corpus Christi Parks & Recreation Department are not included in Oso Pony League's Agreement. /- EXHIBIT E - INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and American Bank, N.A. must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury PERSONAL PROPERTY INSURANCE Operator and any subcontractors, at their own expense, shall be responsible for insuring all owned, leased or rented equipment or personal property. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company.The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. / 3 B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 1). Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or he endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City,with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal, material change or termination in coverage and not less than ten(10)calendar days advance written notice for nonpayment of premium. E. Within five(5)calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. /c5 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2026 Insurance Requirements Exhibit Parks & Recreation—OSO Pony Baseball Use Agreement 02/10/2026 Risk Management— Legal Dept. /e-c. '