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Home My WebLink About020358 RES - 06/21/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE SOUTHSIDE YOUTH FOOTBALL LEAGUE FOR A TERM OF FIVE YEARS AND AUTHORIZING THE LEAGUE AS ELIGIBLE FOR FINANCIAL ASSISTANCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a License Agreement with the Southside Youth Football League for a term of five years and authorizing the league as eligible for financial assistance, all as more fully set forth in the License Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: 144&6-- ity Secretary MOR APPROVED: /,S, DAY OF `��?, , 19 gb/ HAL GEORGE, CITY ATTORNEY By Assis ant City Attorney 206RP125.res THE CITY`OF CORPUS CHRISTI, TEXAS zosss MICROFILMED SOUTHSIDE YOUTH FOOTBALL LEAGUE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This AGREEMENT made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY", and the SOUTHSIDE YOUTH FOOTBALL LEAGUE, INC. hereinafter called "Licensor": WITNESSETH That Licensor for and in consideration of the exchange of mutual covenants and conditions herein contained to be kept and performed, grant a license for the use of the following pieces or parcels of land located in Nueces County, Texas, being more particularly described as follows: Being a tract of land containing 10.99 acres out of Lot 1, Oso Farm Tracts, a Subdivision in Nueces County, Texas, a map of which is recorded in Volume A, Page 49, of the Map Records of Nueces County, Texas. The term of this license shall be for five (5) years commencing on , 198 , and subject to the following covenants and conditions: 1. Licensor agrees to maintain the land and premises during the term of this agreement in a clean and sanitary condition. 2. Licensor agrees that no additions or alterations shall be made to the premises without the consent of the City's Park and Recreation Department in writing. Licensor further agrees that the City's Park and Recreation Department shall have administrative control for the use of the property, subject to the right of the Licensor to have exclusive control of the property during its use for youth sports program purposes. 3. Licensor agrees to use said premises for the establishment and maintenance of a recreational area for the benefit of the public with primary use being youth programs and for no other purpose without prior written consent of the Park and Recreation Department. 4. Licensor does hereby agree to pay for all utilities used by it on the said premises except for such other activities sponsored by the City on said premises. 5. Licensor hereby agrees to conform to all rules set out by the City Manager and the Park and Recreation Board of the City for the maintenance of said premise on a year-round basis. 09G.078.03.14 Southside Youth Football League License Agreement Page 2 6. Licensor does hereby agree to promptly execute and fulfill all of the ordinances of the City pertaining to health and sanitation, and to execute and fulfill all ordinances, orders and requirements imposed by the Health, Sanitation, Fire and Police Departments, for the correction, prevention and abatement of nuisances and/or hazards in, upon, and connected with the operation of said premises at Licensor's own expense. 7. Licensor shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Agreement, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, in whole or in part, the negligence or other fault of the Indemnitees or any of them. Licensee shall at its own expense investigate all such claims and demands, attend to - their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 8. Licensor shall secure and maintain throughout the term of this agreement, at its own expense, comprehensive general liability insurance in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) for bodily injury or death for any person, FIVE HUNDRED THOUSAND DOLLARS ($500,000) for bodily injury or death for any one occurrence, and TWENTY THOUSAND DOLLARS ($20,000) for property damages per person and ONE HUNDRED THOUSAND DOLLARS ($100,000) for property damages per occurrence. Said policy shall name the City as additional insured and a certificate of said policy shall be furnished to the City and maintained throughout the term of this permit. 9. Licensor further agrees to use a portion of said tract for parking purposes. Licensor shall be responsible for maintenance and construction of dustfree parking areas, maintaining suitable entrance and exit roads, properly designated, in accordance with standards set out by the Director of Park and Recreation. 10. It shall be the responsibility of the Licensor to maintain a current list of its officers on file with the Park and Recreation Department. 11. Licensor agrees to provide certain improvements on the premises 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 constructions of amenities as shown on Exhibit A. 12. As provided and authorized by the City's Youth Sports Assistance Program, the City agrees to pay Licensor the sum set forth on Exhibit A on the condition that said fundsbe used to assist Licensor in making said improvements. Such funds shall not be used for any administrative or other recurring costs. 096.078.03.14 Southside Youth Football League License Agreement Page 3' 13. The City shall disburse ten percent (10%) of the cost of improvements with the balance to be disbursed for costs incurred upon submission of proof of payment. The City shall disburse additional amounts for a total amount not to exceed two-thirds of costs incurred. The City shall not be liable for expenses or costs which exceed the amount granted _under the Youth Sports Assistance Program. 14. Failure to construct the improvements as specified on Exhibit A shall constitute a breach of this agreement and the City may demand reimbursement of all funds or such remedies as may be permitted by law. In the event legal proceedings must be instituted for enforcement of this agreement, Licensor agrees to pay court costs and reasonable attorney fees. 15. This agreement may be terminated at any time prior to disbursement of Youth Sports Assistance Program monies to Licensor. Termination of this agreement after the initial disbursement shall require the written consent of the City and the return of all prior disbursements received by Licensor. 16. This License Agreement contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. If any section, paragraph, or provision of this agreement shall be held invalid or unenforceable, it shall affect any other section, paragraph, or provision of this agreement. 198 . EXECUTED IN DUPLICATE ORIGINALS this day of ATTEST: CITY OF CORPUS CHRISTI: By: By: Armando Chapa, City Secretary Juan Garza, City Manager APPROVED this day of , 1987 SOUTHSIDE YOUTH FOOTBALL LEAGUE, INC. CORPUS CHRISTI, TEXAS, LICENSOR HAL GEORGE, CITY ATTORNEY By: Assistant City Attorney 09G.078.03.14 By: �`�j—✓ ..� Southside Youth Football League License Agreement Page 4 THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned, a Notar Public in and, for Nueces County, Texas, on this day personally appeared i at_ too,' t4,v-d , President of Southside Youth Football League, known to me to be t e person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Southside Youth Football League, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein state. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this „„29 day of rAQA c A.D. 19 44i . 09G.078.03.14 -C!', itd ,1,1 0D (14441A .oiel Notary Public in and for the Nueces County, Texas Address: hglOc), 'le,44 , (2-4"4""" c"o' My Commission Expires: 6-)..1-9/ EXHIBIT. A Attached to and made a part of that certain Southside Youth Football League License Agreement dated , 1988. PROJECT SPONSOR: Southside Youth Football ADDRESS OF FACILITY: Corner of Lavaca and McArdle PRESIDENT'S NAME: Bill Winston ADDRESS: P. 0. Box 7007, Corpus Christi, Texas 78415 TELEPHONE NUMBER: 855-6284 GRANT AMOUNT $4,000 LEAGUE MATCHING AMOUNT: $2,000 TOTAL AMOUNT: $6,000 SCOPE OF WORK: The work will effect the leagues practice field by providing fill and top soil to practice area and caliche topping for the parking area. 09G.078.03.14 The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas ta/ day of was passed by the following vote: 1A -p dAy 20358 198F