Loading...
HomeMy WebLinkAbout025997 ORD - 10/19/2004Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AND USE AGREEMENT WITH CORPUS CHRISTI SOFTBALL ASSOCIATION ( "LESSEE ") FOR USE OF CITY PROPERTY (GREENWOOD SOFTBALL COMPLEX) FOR LESSEE'S SOFTBALL PROGRAM AND IN CONSIDERATION OF LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Lease and Use Agreement with Corpus Christi Softball Association ( "Lessee ") for the use of City property (Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. A copy of the Lease and Use Agreement, including the exhibits that are attached to and incorporated into the Lease and Use Agreement, is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3, of the City Charter, the Lease and Use Agreement begins on the 61St day after City Council adoption of this ordinance on second and final reading and will have a term of five (5) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. HAEG- DIR\DoyleD Curtis \MYDOCS0003. 04 \PARK &REC D\ Lease &Us eAgreemt \070904DC.Greenwoo. dPieldCC.So(tball. Lease. UseAgmL Ord .doc 02509'7 Pagb 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of Jafy,y2004, by the following vote: Samuel L. Neal, Jr. William Kelly Brent Chesney tigy Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Coopers Mark Scott Henry Garrett The foregoing ordinance was read for the second time and passed finally on this the 4-7�h day of Auqttsr 2004, by the following vote: Samuel L. Neal, Jr. f z_ William Kelly Brent Chesney LI Rex A. Kinnison Javier D. Colmenero U Jesse Noyola Melody Cooper Mark Scott �- Henry Garrett r Ct-ror�x.' PASSED AND APPROVED on theme h day of Augast, 2004. ATTEST- A—�� Armando Chapa City Secretary CITY O CORPUS CHRPTI Samuel L. N Jr. Mayor PPIIOVED /)S T /PL.EGAL FORM 9 July 2004 Doyle D. urtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H.\ LEG- DIR \DoyleD. Curtis \MYDOCS\2003. 04 \PARK &REC 27\ Lease &Us. eAgreemt \070904DC. Greenwoo. d FieldCC . Softball Lease.UseAgmt. Ord. doc Page 1 of 14 GREENWOOD SOFTBALL FIELDS LEASE & USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI SOFTBALL ASSOCIATION STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES§ This lease is entered into by and between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and CORPUS CHRISTI SOFTBALL ASSOCIATION ( "Lessee "), a Texas nonprofit corporation, Corpus Christi, Texas, operating for the purpose of providing softball programs for the citizens of Corpus Christi, acting through its duly authorized President. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Council means the City Council of the City. City Manager means the City Manager of the City or the City Manager's designee. Engineering Services Director means the City's Director of Engineering Services. Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to provide consideration in lieu of paying rent to the City under the terms of this lease. Improvements means buildings and other structures located on the Premises. Lease means this document, including all attachments and exhibits that are referred to in this document. Lessee means CORPUS CHRISTI SOFTBALL ASSOCIATION, a Texas nonprofit corporation, Corpus Christi, Texas. Park and Recreation means the City's Park and Recreation Department. H: \LEG- DIR \OIgaR \Doyle \Park & Rec\091404DC.Gr"nv o. dFeldCC .Softball.Lease.UseAgmt.doe Page 2 of 14 Park and Recreation Director means the City's Director of Park and Recreation or the Park and Recreation Director's designee. Premises means a tract or parcel of land in Greenwood Park designated as Tract "A ", as shown on the attached drawing, Exhibit A1, together with all improvements. Regular hours of operation means the regularly scheduled hours of Lessee's operation. Risk Manager means the City's Director of Risk Management or the Risk Manager's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to provide softball programs for the citizens of Corpus Christi. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Park and Recreation Director. Section 3. Leased Premises. The Leased Premises is a tract or parcel of land in Greenwood Park designated as Tract "A ", as shown on the drawing attached as Exhibit A1, together with all improvements. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. The detailed conditions for using the Leased Premises are contained in the attached Exhibit A2. Exhibit A2 may be amended as often as necessary upon mutual agreement by the Park and Recreation Director and the Lessee. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years subject, however, to the right of either party to cancel this Lease by giving thirty (30) days written notice to the other party, unless sooner terminated under Section 31. This Lease begins on the 61 st day after final Council approval. a. Lessee may continue to occupy the Premises after the expiration of this Lease on a month -to -month tenancy if the Lessee continues to provide consideration in lieu HALEG- DIR\OIgaR\DoyWPark & Red091404DC. Green" o. dFieldCC .Softball.Lease.UseAgmt.dm Page 3 of 14 of paying monthly rent as required by this lease, and upon the same terms and conditions as set out in this lease. b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month -to -month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 7. Abandonment of Leased Premises. if the Lessee abandons the Leased Premises or if the Lessee fails to take possession of the Leased Premises within ten days after commencement of the term of this Lease, then this Lease shall terminate automatically and City Manager may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 8. Cessation of Use. a. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right during the first year following the cessation of use to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to the effective date of termination. c. If the cessation of use occurs and continues for one year or longer, and Lessee does not exercise the right to terminate this Lease, then the City may terminate this Lease by giving Lessee at least one (1) months notice prior to the effective termination date. d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon termination, but no consideration provided prior to termination will be refunded. e. During any cessation of use, Lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in Sections 2, 4, 22, 24, 28, and 29. Section 9. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 10. Lease Consideration. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must construct, maintain, and operate a public softball program on the Premises. Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as directed in writing by the Park and Recreation Director. H9LEG- DIR \OIgaR \Doy1e \Park & Re \091404DC.Greenw . dFleldCC .Soflball.Lease.UseAgmt.do Page 4 of 14 Section 11. Articles of Incorporation, Bylaws, and Membership and User Requirements; Hours and Terms of Operation; List of Officers; Lessee Responsible for Activities. a. Articles of Incorporation, etc. Attached as Exhibit B is a certified copy of Lessee's Articles of Incorporation, Bylaws, and Membership and User Requirements. Attached as Exhibit C is a certified copy of Lessee's Schedule of Activities, Hours and Terms of Operation, and Membership and User Fees. Membership and User Requirements and Fees must be reasonable so that the Premises and improvements are reasonably available for use by the public. Exhibits B and C are collectively referred to as "operation documents." Lessee may not make any change in the originals of any of these operation documents without prior written consent of the Park and Recreation Director. The written consent and certified copies of the revised operation documents must be attached to this lease as Exhibits. b. List of officers. Lessee must annually submit its current list of Officers and Board of Directors to the Park and Recreation Director. List will include name, title, address, and phone number for each Officer. c. Lessee responsible for activities on Premises. Notwithstanding any right of City to inspect or approve any improvement or activity under this lease, Lessee covenants that it and its members are solely and exclusively responsible for all activities on the Premises and have control of the Premises; that the City has no responsibility for safety of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection or action. Lessee is solely responsible for the safety of all activities on the Premises. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the Park and Recreation Director. Lessee must also obtain clearance from the Risk Manager as required by Section 29.f. of this Lease. b. Lessee, if directed by the Park and Recreation Director, must construct and maintain screening or other safety barriers to ensure, to the extent reasonable, that baseballs are confined to the premises. c. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Park and Recreation Director, and Engineering Services Park and Recreation Director for review and written consent. d. if the Park and Recreation Director and Engineering Services Park and Recreation Director consent to, and the Risk Manager grants clearance for, the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction; and the construction is subject to inspection by the Park and HALEG- DIR \OIgaR \Doyle \Park & Rec\ 0914O4DC. Greenwoo. dFie ldCC.SoNball.Lease.UseAgmt.doc Page 5 of 14 Recreation Director, Engineering Services Park and Recreation Director, City's Building Official, and their designated representatives. e. All approved alterations, improvements, and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner that they become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 13. Taxes, Assessments, Licenses, and Fees. a. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Leased Premises; this includes, but is not limited to, any ad valorem taxes, personal property taxes, and sales taxes, that could be assessed against the Leased Premises and any buildings, improvements, or fixtures appurtenant to the Leased Premises.. b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. c. Lessee must provide proof of payment of all taxes within 30 days after Park and Recreation Director requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period that may occur. Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 16. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager, which approval will not be unreasonably withheld. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. HALEG- DIR \OIgaR \Doyle\Park & Re \ 0914040C. Greenwoo. dFieldCC .Softball.Lease.UseAgmt.do Page 6 of 14 c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Park and Recreation Director. b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of the Park and Recreation Director's written demand, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Alternatively, the City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Park and Recreation Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. c. Lessee must post the Premises with signs warning that it is a baseball field and no trespassing is allowed. The Park and Recreation Director shall approve the wording on the signs and shall determine the placement of the signs. Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. H1LEG- DIR10IgaR \Doyle \Park & Red091404DC.Green mo. dFieldCC .Softball.Lease.UseAgmt.do Page 7 of 14 Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. Section 23. Furniture, Fixtures, and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. c. The Park and Recreation Director retains the right to approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease and any Holdover Period, prior to installation. Section 24. Utilities. The attached Exhibit A2 governs the responsibility for utilities. Section 25. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 22 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 26. Park and Recreation Director's Right to Access Premises in Emergency. a. Lessee shall provide the Park and Recreation Director with keys to the Premises, and a current list of names and phone numbers, for use by the Park and Recreation Director, in the event of an emergency. b. The Park and Recreation Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Section 27. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. HALEG- DIR \OIgaR \Doyle \Park & Rec\ 091404DC. Gr" nmo. dFieldCC .Softball.Lease.UseAgmt.doc Page 8 of 14 Section 28. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor " ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever 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 other kind whatsoever, to the extent any injury, damage, or loss 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) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys'fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee, relating to this Lease, Lessee 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 relating to this Lease with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. HALEG- DIR \OIgaR \Doyle \Park & Rec\ 091404DC. Greenmo. dFieldCC .Softball.Lease.UseAgmt.do Page 9 of 14 Section 29. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit D, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit D, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. If alcoholic beverages are served on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 12(a) of this lease. Section 30. Default. The following events constitute default under this Lease: (1) Failure to provide consideration in lieu of paying rent or failure to make other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. HALEG- DIR\OIgaR\Doyle\Park & Rec109M4DC.Green roo. dFleldCC.Softball .Lease.UseAgmt.doc Page 10 of 14 (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, the City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. Section 32. Enforcement Costs. If the City files any legal action or proceeding to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 33. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 34. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Park and Recreation Director. Section 35. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph H9LEG- DIR\OIgaR \Doy1e \Park & Rmc 091404DC. Greenwoo .dFleldCC.SoRball.Lease.UseAgmt.dm Page 11 of 14 company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Warren Dehn Park and Recreation Dept. Corpus Christi Softball Association P.O. Box 9277 P.O. Box 72087 Corpus Christi, TX 78469 -9277 Corpus Christi, TX 78472 -2087 Attn: Director of Park & Recreation (361) 852 -8776 (361) 880 -3464 d. Either party may change the address to which notice is sent by using a method set out in subsection a of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's control including, without limitation, any delays or failures 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 delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 37. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, the City and Lessee will each act in an individual capacity and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 40. Interpretation. This Lease shall be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. HALEG- DIR \OIgaR \Doyle \Park & Rec\ 091404DC. Greenmo. dFleldCC.Softball.Lease .UseAgmt.doc Page 12 of 14 Section 41. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 42. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 43. Severability. a. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease 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 Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment. 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 Lease, then the remainder of this Lease is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 45. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. H: \LEG- DIR \OIgaR \DoyleTark & Rec 091404DC.Greenw o. dFleldCC.Soflball .Lease.UseAgmt.do Page 13 of 14 Section 46. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. EXECUTED IN DUPLICATE ORIGINALS on the eday of 0 C 2004. LESSEE: CORPUS CHRISTI SOFTBALL ASSOCIATION By: Warren Dehn, President I/; tle- STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on /S , 2004, by Warren Dehn, President of Corpus Christi Softball Association, a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of exas Printed Name: REBA N. GEORGE Notary Public, State of Texas My Commission Expires ' ev Seal: 7'?wJ:A£ Februory 12, 2006 Expiration HALEG- DIR \OIgaR \Doyle \Park & Rec \091404DC.Greenw o. dFieldCC .Softball.Lease.UseAgmt.doc ATTEST: Armando Chapa City Secretary APPROVED 14 September 2004 c Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS § Page 14 of 14 CITY OF CORPUS CHRISTI Ge ge W. Noe Cify Manager 04 6ZS1 l t AUTHORIUL 1r COUNCIt._._..191 9 a _...__ . ..................A FC SRFTA RV�n COUNTY OF NUECES § This instrument was acknowledged before me on , 2004, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home -rule Municipal Corporation, on behalf of the corporation. %�'mm7N, Parks issbnExpires Notary Public, State of Texas ber w, 2007 Printed Name: Seal: Expiration Date: HALEG- DIR \OIgaMDoAe \Park & Re \ 09W4DC. Greenmo. dFieldCC.Softball.Lease.UseAgmt.doo Line Q ' FFW"" F It EXHIBIT `A "Al Lnm KEY Green and Yellow Fields Page 1 of 3 EXHIBIT A2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS GREENWOOD SOFTBALL FIELDS LEASE & USE AGREEMENT WITH CORPUS CHRISTI SOFTBALL ASSOCIATION This Exhibit A2 contains detailed conditions for using the Premises ('Premises ") defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI, TEXAS Lease and Use Agreement with Corpus Christi Softball Association, Inc. 1. Lessee Services and Responsibilities. 1.1 Softball. Annually Lessee will offer up to 5 seasons of up to 8 games each and playoffs after each season. Softball will be offered at various different skill levels. Lessee may also hold tournaments with dates to be determined in conference with Park and Recreation Director. Dates of the tournaments must be requested as soon as possible each year. The Park and Recreation Director will inform Lessee as soon as dates have been determined. All members of all teams playing on Lessee's Premises must be registered with a nationally recognized softball organization. Lessee may grant use rights for Lessee's Premises to nationally recognized softball organization registered teams for practice. 1.2 City Use. If Lessee is not using its Premises, City may use any or all of the area for recreational purposes. The City reserves the right to accept tournament play at any City softball field at the rate schedule established by the Park and Recreation Fee Ordinance. These tournaments will be independent of any tournament associated with the regular adult league play. 1.3 Maintenance. Lessee must maintain the Premises. If Lessee fails to perform maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days after Park and Recreation Director's written demand. At a minimum, maintenance includes: a. Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; b. Lessee shall keep the Premises (including any buildings, permanent or temporary) operational and in good repair; including, but not limited to, lining the playing field, putting out and taking up the bases each evening, maintaining the infield, and cleaning and maintaining the interior of the buildings and restrooms. c. Lessee must immediately report any vandalism to the Park and Recreation Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; H1LEG- DIR\0IgaR \Doy1e \Park 8 Re \091404DC,Green mo. dFieldCC. Softball.Lease.UseAgml.ExhbA2.do Page 2 of 3 d. Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Park and Recreation Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (10) working days after the need for repair is or should have been discovered; e. Lessee must ensure that parking is confined to designated areas; f. Lessee must maintain the Premises within the Lease boundary lines. Lessee shall be responsible for maintaining the grass at a safe height not to exceed six (6) inches. Lessee will water the Premises, in compliance with any effective drought plan. 1.4 Registration, etc. Lessee will promote the program so that the public is aware of the organization's activities. Lessee will conduct all registration, take all fees, schedule all games, including makeup games and playoff games, and provide trophies for the top team in each league. 1.5 Utilities. Lessee must pay for all utilities related to usage of the Premises. Lessee must pay for all its phone bills. Lessee must pay for all utilities, such as electricity, water, wastewater, and solid waste bills associated with its usage of the Premises. 1.6 Field Plavability. The City reserves the right to cancel play at Premises when field conditions, as determined by the Athletic Supervisor, may cause player injury or damage to the Premises. Every effort will be made to determine conditions by 4:00 p.m. unless there is rain or other bad weather after 4:00 p.m. in which case the Athletic Supervisor will notify Lessee as soon as the adverse conditions have been determined. 1.7 Umpires. Lessee must provide and pay for umpires for each scheduled game. 1.8 Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Park and Recreation Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880 -3460 and talk to the Park and Recreation Director, or designee. 2. City Responsibilities. 2.1 Debt Service. City will pay bond debt for Premises. 2.2 Maintenance. City will maintain the areas outside of the Premises determined by this lease. 2.3 Capital Improvements. City will fund capital improvements determined by the City that are needed at its discretion. HALEG- DIR\OIgaR \Doyle \Park & Re \091404DC.Greenmo.dFieldCC. Softball .Lease.UseAgmt.ExhbA2.do Page 3 of 3 2.4 Contact Person. For the Lease, the City's contact person is the Park and Recreation Director. H1LEG- DIR\OlgaR \Doyle \Park 8 Rec\ 091404DC. Greenwoo. dFieldCC. SoKball.Lease.UseAgmt.ExhbA2.doc �r FMC —CH C m � s• Y H The State of Texas 4ecretxrg oftute AUG. 119 1993 ROBERT L. COOPER -- CORPUS CHRISTI SOFTBALL 6409 CORAL GABLES CORPUS CHRISTI tTX 78413 RE: CORPUS CHRISTI SOFTBALL ASSOCIATIONS �NC. CHARTER NUMBER 01280350 -01 IT HAS BEEN OUR PLEASURE TO APPROVE AND PLACE ON RECORD THE ARTICLES OF INCORPORATION THAT CREATED YOUR CORPORATION. WE EXTEND OUR BEST WISHES FOR SUCCESS IN YOUR NEW VENTURE. AS A CORPORATION] YOU ARE SUBJECT TO STATE TAX LAWS. SOME NON — PROFIT CORPURATIONS ARE EXEMPT FROM THE PAYMENT OF FRANCHISE TAXES AND MAY ALSO BE EXEMPT FROM THE PAYMENT OF SALES AND USE TAX ON THE PURCHASE OF TAXABLE ITEMS. IF YOU FEEL THAT UNDER THE LAW YOUR CORPORATION IS ENTITLED TO BE EXEMPT YOU MUST APPLY TO THE COMPTROLLER OF PUBLIC AC- COUNTS FOR THE EXEMPTION. THE SECRETARY OF STATE CANNOT MAKE SUCH DETERMINATION FOR YOUR CORPORATION. IF WE CAN BE OF FURTHER SERVICE AT ANY TIMEv PLEASE LET US KNOW. VERY TRULY YOURS• Se4etary of State FMC -CH Tht '�*tatt of Tme 1tcrttarg of Atatt CERTIFICATE OF INCORPORATION CORPUS CHRISTI SOFTBALL ASSOCIATION1 INC. CHARTER NUMBER 01280350 THE UNDERSIGNED, AS SECRETARY OF STATE OF THE STATE OF TEXAS, HEREBY CERTIFIES THAT THE ATTACHED ARTICLES OF INCORPORATION FOR THE ABOVE NAMED CORPORATION HAVE BEEN RECEIVED IN THIS OFFICE AND ARE FOUND TO CONFORM TO LAW. ACCOROINGLY, THE UNDERSIGNED, AS SECRETARY OF STATE, AND BY VIRTUE OF THE AUTHORITY VESTEU IN THE SECRETARY BY LAW, HEREBY ISSUES THIS CERTIFICATE OF INCORPORATION. ISSUANCE OF THIS CERTIFICATE OF INCORPORATION DOES NOT AUTHORIZE THE USE Of A CORPORATE NAME IN THIS STATE IN VIOLATION OF THE RIGHTS OF i ANOTHER UNDER THE FEDERAL TRADEMARK ACT OF 1946, THE TEXAS TRADEMARK LAW, THE ASSUMED BUSINFSS OR PROFESSIONAL NAME ACT OR THE COMMON LAW. DATED AUG. 9t 1993 .i' x 11111 ��_����� ,► i >Y t . FILED In the Office of the Secretary of Stata of Texas ARTICLES OF INCORPORATION AUG 0 9 1993 OF Corporations Section CORPUS CHRISTI SOFTBALL ASSOCIATION, INC. We, the undersigned natural persons of the age of eighteen (18) years or more, at least two (2) of whom are citizens of the State of Texas, acting as incorporators of a corporation under the Texas Non - Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE ONE NAME The name of the corporation is CORPUS CHRISTI SOFTBALL ASSOCIATION, INC. ARTICLE TWO NONPROFIT CORPORATION The corporation is a nonprofit corporation. ARTICLE THREE DURATION The period of its duration is perpetual. ARTICLE FOUR I•IO:T•lib9 *9 The purposes for which the corporation is organized are: (1) The primary purpose is to promote, promulgate and perpetuate amateur softball in the City of Corpus Christi and its suburbs. (2) The general purposes and powers are to have and exercise all rights and powers conferred on nonprofit corporations under the laws of Texas, or which may hereafter be conferred, including the power to contract, rent, buy or sell personal or real property; provided, however, that this corporation shall not, except to an insubstantial degree, engage In any activities or exercise any powers that are not in furtherance of the primary purpose of this corporation. (3) Notwithstanding any of the above statements of purpose and powers, this shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purpose of this corporation. This corporation is organized pursuant to the Texas Non- profit Corporation Act and does not contemplate pecuniary gain or profit to the members thereof and is organized for non - profit purposes. ARTICLE FIVE INITIAL REGISTERED OFFICE AND AGENT The street of the initial registered office of the corporation is 6909 Coral Gables, Corpus Christi, Texas 78913, and the name of its initial registered agent at such address is Robert L. Cooper. ARTICLE SIX BOARD OF DIRECTORS The number of directors constituting the initial board of directors of the corporation is four (9), and the names and addresses of the persons who are to serve as the initial directors are: Name Address Robert L. Cooper 6909 Coral Gables Corpus Christi, Texas 78913 Lonnie Laningham 9713 Alma Corpus Christi, Texas 78911 Robert C. Kenney 9606 Lake Huron Corpus Christi, Texas "78913 Gwen Dehn 5058 Eider Corpus Christi, Texas 78913 ARTICLE SEVEN INCORPORATORS The name and street address of each incorporator is: Robert L. Cooper Lonnie Laningham Robert C. Kenney Gwen Dehip 6909 Coral Gables Corpus Christi, Texas 78913 9713 Alma Corpus Christi, Texas 78911 9606 Lake Huron Corpus Christi, Texas 78913 5058 Eider Corpus Christi, Texas 78413 IN WITNESS WHEREOF, we have hereunto set our hands, this 30th day of July, 1993. Robert L. Cooper Lonnie Laningham �i vim Gwen Dehn THE STATE OF TEXAS COUNTY OF NUECES 1, �-rndo.. E. �oop2r , a notary public, do hereby certify that on this 3Dth day of July, 1993, personally appeared before me Robert L. Cooper, Lonnie Laningham, Robert C. Kenney, and Gwen Dehn, who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. O�IAES C tT rJl an �Dtimber22,1988 Notary public in an for Nueces County, Texas CC SOFTBALL ASSOC. INC. 5230 KOSTORYZ #17 (OFFICE) CORPUS CHRISTI, TX. 78415 512- 852 -8776 or 851 -8989 FAX. 852 -8776 3/10/98 OFFICERS: PRES. ROBERT (BOB) COOPER 3625 SAN BLAS H. 853 -8338 C. C. TX. 78415 W. 991 -8192 1st VICE -PRES. WARREN DEHN 5058 EIDER H. 992 -3038 C. C. TX. 78413 W. 851 -8989 2nd VICE PRES. STEVE MORALES 5230 KOSTORYZ #18 W. 852 -4292 C. C. TX. 78415 SEC. DAN SMITH 4121 COTT W. 888 -5907 C. C. TX. 78411 TREAS. GWEN DEHN 5058 EIDER C. C. TX.78413 H. 992 -3038 W. 852 -8776 F I Revised 2/15/00 CORPUS CHRISTI SOFTBALL ASSOCIATION ADULT & YOUTH LEAGUES SOFTBALL RULES II CORPUS CHRISTI SOFTBALL ASSOCIATION RULES AND REGULATIONS SUPERVISION AND ADMINISTRATION A. Managers, players, and spectators shall at all times be undez jurisdiction of the Corpus Christi Softball Association ox representatives in all matters pertaining to the rules, eligibility, conduct and scheduling. B. Game officials have full authority over all participants and spectators present at an athletic contest. They shall have the power to take whatever steps necessary in order to maintain peace an order and control of a "situation in accordance with these softball procedures and guidelines. The official's authority will remain in effect before, during and after games as long as the participants remain on city property. C. MANAGERS ARE RESPONSIBLE FOR KNOWLEDGE OF ALL RULES AND REGULATIONS PERTAINING TO SOFTBALL TEAMS ENTERING LEAGUE OR TOURNAMENT PLAY AND AGREE TO ABIDE BY ALL GUIDELINES ADOPTED BY THE CORPUS CHRISTI SOFTBALL ASSOCIATION. CONDUCT A. Managers are responsible for their own conduct, conduct of their players, coaches, and spectators prior to, during and after an athletic contest. Profanity, vulgarity, unsportsmanlike conduct or unsafe acts of any nature will not be tolerated. All disorderly conduct is subject to disciplinary action. B. Consumption of alcoholic beverages by any participants or spectators is prohibited. Violators may be removed from the area and suspended, in accordance to city ordinance provisions. C. Any participant who physically attacks or threatens an official or Association representative may be charged with assault and battery and suspended indefinitely from all softball activities. III. INJURIES A. Participation in any softball contest is entirely voluntary. The Park Manager or game officials assume no responsibility for injuries received by a participant or spectator while involved in the Softball program sponsored by the Corpus Christi Softball Association. Youth participants are covered by the Municipal Blanket Insurance Policy. The Release Waiver is part of the team's roster. IV. PARTICIPANTS A. A participant may play on one Open League team (A,B,or C); one Church team (A,B,or C by virtue of church membership); and one Industrial league team (A,B, or C by virtue of employment). Participant may also play on one Co -ed team. Church membership and employment verification must meet TAAF /ASA guidelines. If there is no church or industrial league for women, then a woman may participate with a men's team if she meets the criteria. All teams will be classified in accordance to the results of the standing from the most current season and the Association's knowledge of a teams ability to perform. Teams playing in Industrial or Church Leagues are allowed 3 players who are not associated with the company or church. B. Each church player must be a church member (membership left to discretion of each church) and, if necessary, be able to have a church official certify that the player is a member of the church. C. All industrial league players must work a minimum of 30 hours a week for the company, plant, or organization for which he or she plays. The employee must be employed continuously until roster deadline. Personnel Officer of representative must certify the contract as to employment if any eligibility question arises. D. Recreational Division - players in this division cannot participate in any other organized league with a municipality or a private organization. There are no home runs allowed in this division. Any player who hits a ball that clears the fence unobstructed will be called out. Clearing a fence incudes fair and foul balls exceeding a minimum distance of 275 feet for men and 250 feet for women. Players in this league will be monitored as to their competitive play. Teams are subject to be moved up into a more competitive division. E. Youth Division participants are required to participate in league as per TAAF and ASA requirements. In the event a - Senior Youth Division is not formed, Senior_ Youth will be allowed to participate as a youth team in the Class C Division adult program. F. All divisions must comply with age requirements stipulated as of September 1 of the current year. 2 G. All players must be amateurs and shall receive no payment to play and meet TAAF /ASA guidelines. V. LEAGUES A. There is a minimum of four (4) teams per division. Information can be obtained at registration or by contacting the Association Office at 852 -8776. B. Teams signing up on a particular night should be prepared to be moved to a comparable league on another night if there are not enough teams signed up in that particular league on that particular night. Every effort will be made to accommodate a teams' first choice of nights and leagues to play. C. In Leagues with odd number of teams, one team will have an eight -game season. VI. ENTRY FEES AND SEASONS A. The Softball program will be divided into separate seasons of play. The fee is $.3157,00per team per season. The season consists of seven games plus double elimination playoffs for the top half of the teams in each division. VII. PLAYER ROSTERS A. Each player participating in the Association Softball program must sign a team roster and /or individual contract. It must be filled out completely with player's signature and manager's signature in order to be eligible. This must be done for each season. B. An individual must be on a roster and meet eligibility requirements to be eligible to compete in the TAAF qualifying tournaments for state advancement. (Refer to TAAF Cavalcade for requirements.) C. Rosters have to be turned in by the first game - insurance requirement. Player releases must be turned into the Association Office before on or deadline dates. NO EXCEPTIONS. The deadline will be announced seasonally. D. Rosters and players releases will be accepted by Park Managers or Scorekeepers at the ballparks. - E. - Addi- tional pl -aying eont -racts_wi- ll - -be -a- vailable atr- all- pla- ying -_- sites for the purpose of adding players to one's team roster. Once filled out and turned into Park Manager, the additional players may play immediately. Managers must ensure that their rosters and additional player forms are received by the 3 VIII IX Association Office. Additional players contracts will be accepted by the Park Managers. No deadline on additional playing contracts; however, all players must appear on three (3) official scoresheets for that player to be eligible to enter post season play for that team. PLAYER RELEASE A. If a player wishes to change teams during a season, the participant may do so only ONCE. B. If a player signs a roster contract prior to the season's first game, that player must remain on that teams for at least three (3) games prior to getting a release. C. In order to transfer from one team to another, the player must obtain a player's release form signed by the manager. Release forms will be available at the Association Office. The player must then sign a new contract before participating with a new team. D. If a manager refuses to give a player a release, the player must notify the Association Office and former manager that the player is transferring. E. No release will be granted until all responsibilities with the former team are resolved. F. All player releases MUST be turned in at the softball field or the Association Office. ELIGIBILITY A. All players appearing on the line -up sheets presented to the Park Manager or Scorekeeper must be on a valid roster. This line -up must show player's last name and initial, position, and jersey number. Lineups and substitutes (if eligible to play) must be printed and turned into the Scorekeepers before pre -game conference at home plate. Failure to comply could result in Scorekeeper ten (10)eminutes bef ore e ore schedul d game time. to B Scorekeeper. Resultsplofethe protest wlleber to given to the managers. c. Players found in violation of eligibility requirements will be subject to a one- year suspension- a_nd_ the _ team will forfeit ALL games that the ineligible player participated in. D. slow pitch teams must have eight (8) eligible players on the field in uniform to start a league game. If the 9th and /or 10th player arrives prior to the top of the fifth inning, 4 then he or she must be inserted in the line -up as the 9th and /or 10th batter. If the 9th and /or 10th player arrives after the top of the fifth inning, the player will be a substitute and not the 9th and /or 10th player. E. Slow pitch teams may start with 8, 9, 10 or 11 players (see Injured Player Rule.) If an extra player (EP) is used, all 11 must bat and any 10 may play defense. Defensive positions may be changed, but the batting order must remain the same. NOTE: Going from 8 players to 7 players will be declared a forfeit game. F. Coed teams may start and finish with 8 players, 4 females and 4 males, but teams must have 3 infielders and 3 outfielders. When women are batting, outfielders must maintain 175' radius. G. An infraction of the eligibility rule during playoffs will be considered a flagrant infraction in that it could deny a team from being able to compete in the playoffs. Players and managers found in violation of these eligibility requirements are subject to one year suspension. If an eligibility violation is found during tournament play, the team will be dropped from the tournament and the entry fee forfeited. INJURED PLAYERS A. Injured Player Rule - A team may continue with one (1) less player than it started with whenever a player leaves the game because of injury. If an eligible player is on the line -up sheet or in the dugout, that player must take the place of an injured player. If no substitute is available and the player leaving the game is a runner, he shall be declared out. When the player who has left the game is scheduled to bat, an out shall be declared for each turn at bat. The player who has left the game cannot return to the line -up. EXCEPTION: A player who has left the game under the Blood Rule may return. B. Blood Rule (Rule 4, Section 8 - ASA Rule Book) - A player, coach or umpire who is bleeding or who has blood on his uniform shall be prohibited from participating further in the game until appropriate treatment can be administered. If medical care or treatment is administered in a reasonable length of time, the individual will not have to lease the _ -- game. - - The - length -of- time — that- - is— censide- red - - reasonable - is left to the umpire's judgment. Uniform Rule violations will not be enforced if a uniform change is required. The umpire shall: (1) stop the game and allow treatment if the injured player would affect the continuation of the game; (2) 5 immediately call a coach, trainer or other authorized person to the injured player; (3) apply the rules of the game regarding substitution, injured player and re -entry if necessary. XI. UNIFORM & EQUIPMENT A. Full uniforms (pants, shirts and caps) may be worn, but are not required unless advancing to State TAAF, ASA Regional or National tournaments. B. The uniform for the Association competition will be required for all seasons. ONE WEEK GRACE PERIOD. C. Numbers are required on all jerseys, with a minimum 6" number on the back. All numbers must be sewn, pressed, or screened on. Teams cannot have two players with the same number on their shirts on the field at the same time. � Wy D. Team jersey must be of the same basic color, irrespective of trim, ��yAti E. NO METAL, CLEATS OR STEEL SPIKES are allowed for regular Association League play or special tournaments. Any bat or ball considered to be "hot" by league standards are illegal to use. F. If an individual is found to be in violation of uniform requirements, the team will be given the opportunity to change the uniform or have a substitute player be ready to play with no delay in uniform change. G. Teams will provide their own game balls, as follows: Men's, Co -ed, Senior & Junior Boys -T-Fe red - stitch (and/or re indelible stamping as approved by ASA) twelve -inch ball with a CORE of .47 and under shall be used in all adult men's slow pitch, Co -ed slow pitch, Senior Boys, Junior Boys and Co -ed Youth slow pitch. Women's, Girls, Youth The red-stitch (an or red indelible stamping as approved by the ASA) eleven inch ball with a CORE of .47 and under shall be used by the Women's slow pitch and all girls slow pitch. Co -Ed - _ n=f - bail will be used for wamen- and - 12 " —far -mere - -. - Softballs can now be purchased at CCSA office. 6 XII. FORFEITS A. Three consecutive forfeits arising from a team's inability to field enough players to play the game will result in the team being dropped from the league schedule. B. Forfeits will be called for the following infractions: 1. Less than the required number of players to start and continue the game. 2. Ineligible players. 3. Conduct violations as per II.A. of this manual (determined by umpire). 4. Ejected player not leaving field and /or premises. C. All infractions must be brought to the officials attention during the course of the game, prior to the outcome of the game. XIII. PLAYING TIME A. Games will start at designated time as shown on schedule. Forfeit time is game time or as determined by the Park Manager. Managers and officials are required to hold a pre- game conference. B. No teams will be allowed infield practice prior to the start of the game. C. The pitcher will be allowed a maximum of five pitches before the start of the first inning. No warm up pitches after the first inning. D. One minute allowance between innings; the half inning starts when the third out is made by the opposing team. E. There is a 55 minute time limit per game. If 7 innings are not completed, the game will not end until the home teams gets the last at bat. The 15 -run rule after 4 1/2 or 5, and 20 -run rule after 2 1/2 or 3 innings are in effect also. F. A game that is tied at the end of seven innings or the completed inning after 55 minutes, which ever comes first, shall be continued by playing one additional inning. Each batter will have a count of 3 balls and 2 strikes when he /she comes to bat. - - - - -- G. Games cancelled due to inclement weather will be reschedule by the Association Office. In rainout games, a team may play more than one game on any given night and /or may not play on 7 their regular scheduled night. It will be your responsibility to obtain time and place from the Park Manager or Association Office. However, if a game is in progress and 3 1/2 or 4 innings have been played, it will be declared a complete game. Games that are not considered regulation or regulation -tie games, shall be resumed at the exact point where they were stopped. H. If it has been raining and you are not sure if your game has been cancelled, call 852 -8776 or report to the ballfield where you are scheduled. If the first game has been rained out, all games for the night are cancelled. Call respective ball park before 6:30 p.m. For week -end games, please call the ball park prior to the first scheduled game. Greenwood - 852 -3463 I. In case of injury to a player, the umpire will determine.if additional time is to be granted. His decision is final. Injury time outs will be not be charged against teams playing time. J. If in doubt as to playing conditions, the manager may call the Association Office - 852 -8776. Please tell your team members. XIV. PLAYER REMOVAL, EJECTION, OR SUSPENSION A. A player can be removed without ejection; however, continuous argument, use of profanity or obscenities - the umpire can request the player(s) to leave the park. Penalty for non- compliance - FORFEIT. B. An ejected player has one (1) minute to leave the playing field. (Sitting in the dugout is not permitted - -out of sight and out of sound.) Penalty for non - compliance - FORFEIT. C. Bats thrown against backstop or dugout may result in player ejection. (Umpire's Judgment) D. Intentionally running over player - ejection (judgment call) . E. Player Ejection - Penalty: Player prohibited from participating as determined by umpire. F. Player Suspensions - Eligibility and conduct violations are deemed detrimental to the promotion of healthy competition. Individuals suspended from participation in the program may appeal the _su_spension. A11 appeals must be made to the _ Association Office where the Board will decide the results of the appeal. G. Player Suspension -Penalty: Restricted from all league play during the period of suspension. Period of suspension will be for 15 days from date of infraction or a maximum of lifetime suspension. Anyone who is suspended from play under this rule is restricted form playing for any team with whom he participates for the suspension period. Appeals must be made in writing within seven (7) days of notification of the suspension to the Association Office Corpus Christi, Texas. If the suspended player plays before eligible, the game is forfeited to the opposition and the player is subject to further suspension. TAAF and /or ASA Participation Requirements Any player violating TAAF or ASA requirements is subject to suspension. XV. PROTEST A. Protests that shall be received and considered concern matters of the following types: 1. Misinterpretation of a playing rule. 2. Failure of an umpire to apply the correct rule to a given situation. 3. Failure to impose the correct penalty for a given violation. B. Protests must be submitted in writing within 24 hours to the Association Office. C. Protests will be submitted to the Association Office together with a $25.00 fee. If the protest ruling is favorable or upheld, the money will be returned. D. Protests during the playoffs and tournaments must be decided before the next pitch. XVI. HOME RUN LIMITS A. Class "A" - five (5) home runs Class "B" - three (3) unobstructed home runs (any home runs over 3 will be automatic outs) - - -- -- �l -as -s- " - - - -- -two ( 2 -) unobstruc - esLhome runs - � any- -home runs___ over 2 will be automatic outs) 9 XVII. CLASSIFICATION to Classification is placing teams of equal ability together to encourage comparable competition. The Association reserves the right to make division team requirements as deemed necessary. Open League players may only drop one classification and a team may have no more than two players from an upper classification. Example: A player playing on a Men's Open "A" team may not play on a Men's Open "C" or Co -Ed "C" team. They may play on a "B" Open team, but the maximum number of "A" players on a "B" team is two. NOTE: A home -run hitter is defined as a player who is capable of hitting a home run over a fence (minimum distance of 275 feet for men and 250 feet for women) . All home runs in excess of the home run allotment per division will be outs. When a team wins their division's night or their division playoff, they are automatically moved up to the next division for the next season if five (5) players return with the team. A trophy will be awarded to the Division Champions while individual awards (maximum of 15) will be given to winners and runner -ups of each division playoff. XVIII. PLAYOFFS A. The top 50% will make the playoffs as long as the teams finish with a .500 or better record. Only games against teams in your league count towards the playoffs. B. During the season a player may play on more than one team as long as they are not playing in the same division on the same night. During the playoffs, the player can only play on ONE Open, Co -ed, Industrial and /or Church team. C. For League trophy, teams that tie for League winner, first and foremost, head -to -head competition will determine League winner. If they have played twice and have beat each other, or have not played during the season, then the team that goes the farthest in playoffs wins trophy. D. In playoff games, a team may play more than one game on any given night and /or may not play on their regular scheduled night. E. In League playoffs, there will be a 55- minute time limit - -. -- I nC1uul n. C_. l :ridjuplUL1S111- p-�.Qllle -b'-. — r.. r n i r-U r e d Kr r, uH1 I r r comes up with a 3 -2 count - for as many innings as it takes to break the tie. F. Any forfeits during playoffs automatically eliminates that team from advancing. Ott] G. In season - ending playoff tournaments, the top- seeded team will be the home team and will continue to be so until they lose; thereafter, a flip of the coin will determine home -team status. 11 FROM: CC SOFTBALL ASSOC. BOARD 8/9/99 EFFECTIVE IMMEDIATLY: RULE XI: PAGE 7; UNIFORM & EQUIPMENT #C NUMBERS ARE REQUIRED ON ALL JERSEYS, WITH A MINIMUM G' NUMBER ON THE BACK. ALL NUMBERS MUST BE SEWN, PRESSED OR SCREENED ON. #D; TEAM JERSEY MUST BE OF TI IE SAME BASIC COLOR, IRRESPETIVE OF TRIM, IDENTIFIABLE OR TEAM NUMBER. THANKS, i V/ R B 'RT (BOB) COOPER, PRESIDENT 10/1/03 REVISED FROM 1/6/03 General Rules CC Softball Assoc. Inc. P.O. Box 72087 C.C. Tx. 78472 852 -8776 1. SPONSER FEE: $315.00 due on the sign up of registration or $105.00 down, then $105.00 due at second game and $105.00 due at third game. There will be a $30.00 charge on all returned checks. 2. PLAYERS: Can start with 8 players with no penalty, co -ed can play with 9 players with the 10th player, when up to bat will be an out, male or female. 3.T- SHIItTS: Must all be the same basic color, number on back can be a different color, also can have a different sponser on shirts, numbers must be SEWN, PRESSED or STITCHED on back of T -shirt, with a 4 "or 6" FIXED number. 4. SOFTBALLS: 47core, womens 11 ",mens 12 ",NO TITANIUMS, SUPER DUPIERS or DE MARINES. 5. RAIN-OUTS: Managers responsibity to check on RAIN -OUTS & PLAYOFFS. if rained -out before 5pm it will be on the CCSA recorder 852 -8776, otherwise you will have to use your on judgement. 6. PLAYOFFS:A. If your Team forfiets first game during Playoffs your Team will auto- matic be taken out of the Playoffs, and the bracket will be adjusted. B. PLAYERS MUST OF PLAYED IN 3 GAMES PRIOR TO PLAYOFFS. C. DURING PLAYOFFS ALL SHIRTS MUST BE THE SAME BASIC COLOR WITH A FIXED NUMBER ON BACK. D. ALL GAMES WILL HAVE A 55 MIN.,T%4E LIMIT ON ALL GAMES EVEN CHAMPIONSHIP. 7. ROSTERS MUST I3E TURNED AT THE SECOND GAME,OF YOUR PLAYERS, 8. FORFIETS; If your Team forfiets 3 games in a roll during season they will be taken off schedule. 9. HOME TEAM, LAST GAME IF YOUR TEAM WOULD PLEASE HELP US BY PICKING UP THE BASES. THANKS, CCSA ALSO PLPASE,PLEASE KEEP YOUR PURSES & OTHER BELONGINGS OUT OF SIGHT IN YOUR CARS.POLICE TELL YOU THIS ALL THE TIME. 4 Jan. 9,2003 Board Meeting 2pm; Board members present; Warren Dehn Dan Smith Gwen Dehn We decided on going with ISA, instead of ASA. Also going with a one roan system Paying the unpire $14.00 a game, also paying Park Manager $12.00 a game also scorekeeper, $11.00 a game. Going with 4 Seasons, Spring Summer I Summer II Fall Also us hiring our own umpires which was approved by the city. Meeting adjoined, at 3pm, Suhtuitted., by, %2 m d ln_Yvr� Gwen D" Treasurer, S NGV Fr <i f !7 i s Q o cvw,tnt i s c� Jru< and Cm/o7 "Lvkek leas „VF b ev% awtGvtded Monday Night Schedule Summer 1I ' First Team Listed is tiome Team 2003 2 HomeRuns t. Windsor Pk, 4 2. Primeria Iglesla 3. Our Savior 4. First Bnpt./Yotmg 5, St. IJohns UMC 6. Bay Area Fellowship Greenwood Green: Mon. Aug, 4: 7pm.1 vs A 8pmy vs ) f .9pm 3 vs 8 Mon. Aug. 11: 7pm 6 vs 4 Rpm 7 vs 9 9pm 2 vs 7 Mon. Aug. 18: 7pm .4 vs 9 Rpm 4 vs 7 9pm 5 vs 8 Mon. Aug. 25: 7pm 7 vs 5 Rpm 8vs4 9pm 4 vs 5 Mon. Sept.,1; Mon; Sept, 8: 7pm 5 vs 10 Rpm 4 vs 11 9pm 3 vs I 7. Gardendale #t R. First Bapt,/ Old 9. Rivers of Joy 10. Gardendale #2 11. Solid Rock CC Softball Assuc. Inc. P.O. Box 72087 C. C., TX 78472 PLEASE, PLEASE LOOK Greenwood Yellow: FOR DOUBLEHI7TERS, 7pm 5 vs 6 Rpm 4 vs 7 7pm 8 vs 2 8pm,bvs 1 9pm 10 vs 11 7pm 1 vs 7 Rpm 3 vs 10 9pm 2 vs 11. 7pm 10 vs 2 Rpm 9 vs 3 9pm 11 vs 1 NO. GAMES HOLIDAY] LABOR DAY; 7pm 6 vs 10 8pm 6 vs 9 Spin 7 vs 8 Mon. Sept. 1.5: 7pm 8 vs 6 7pm t0 vs 4 Rpm 9vs5 Rpm 11.vs3 9pm 9pm 1 vs 2 Man Sept, 22: 7Pr^ N - � 7ir" 8 -9 q Vrn 5. 1 g `ri, -1 -- )1) C) -orn n - 1 � orn & - 1 Tuesday Night Swwner it Schedule 2003 Metrs Open 3 140ME1tUNS m.. rirst Team Listed is Howe Team I, lot shots 3, Pohners Insurance 2. Wolf Pack 4, G.C. Water Greenwood Yellow: 'rues. Aug. 5; 7:0 oom 2 vs 1. 8:Dpam 3 vs 4 'rues. Aug. 12: 7:o m �m 4 vs 2 8:0 Oyln 1 vs 3 'rues. Aug. 19: 7i0Dpm 2, vs 3 8 ;vopm 4.vs 1 Tues. Aug. 26; 7:Dbpm 1 vs 2 8: DOpm 4 vs 3 'rues. Sept. 22 7DOpru2vs4 8:1)Optn 3 vs I 'rues. Sept. 9: 7:00pm 3 vs 4 8:00ptu i ws 4 'rues. Sept, 16: 7:0Dpm2 vs 1 8.M)plu 3 vs 4 2003 Wednesday Night Sunmier ll Sensob Schedule y Greenwood,, 2 11ornerunu First `Ceram Listed Is t lobie 'T cam PLBA�13 LOOK FOR DOU13U 1411-17811S t. Wild Bunch 4. Ugly buwgs/ 2. 91�eking Home 5 bCil Miracle Makers 3. L 8c D histttllets f Wed. Au 7pn 4 tip vs 2' i 9m) 5 i Wed.. Aug. 13: 7 :DOpm 2 vs 3 8 :03pm 5 vs 4 Wed. Aug. 20: 71iin 3 vs 5 Rpm 4 vs 2. 9pm 3 vs l Wed. Aug. 27: 7 :DDpm 2 vs 5 8:DOpm t vs 4 Wed. Sept. 3: 7pm4vs3 Rpm 2 vs 1 9pm 5 vs Wed. Sept, 10: j 7 :00pm 3 vs 2 1 8 :00pm 4 vs 5 Wed, Sept. 17: 7pm 5 vs 3 Rpm 2 vs 4 9pin l vs-1- - - Mens C (Mt) 1. Esmco Hawks 2. Dawgs 3. ooters Owls 4. iez Hombres 5. NPE /Dirt Diggers 6. CC Gas Greenwood Green Thurs. Aug. 7: 7pm 1 vs 2 (CE) 8pm 3 vs 4 Thursday Night Summer 11 Season 2003 2 Homeruns First Tenin Listed Is Home Team Co -Ed (CE) 1. Solid Rock Eagles 2, bay Area Fellowship 3.Ortho /Plus 4. Young Gwxq Greenwood Yellow 7pm 4 vs 5 (MC) 8prn 1 vs 2 Spin 3 vs 6 Thurs. Aug. 14; .7pm 3 vs 4 (MC) 7pm.2 vs 3 (CE) 80m 6 vs 1 8pm 4 vs 1 9pm 2 vs 5 Thurs. Aug. 21: 7pm 3 vs 1 (CE) 7pm 2 va 3 (MC) 8pm 4 vs 2 8prn 1 V85 9pm 6 vs 4 Thurs. Aug. 28; 7pm 5 vs 3 (MC) 7pm 1 vs 2 (CE) 8pm 6 vs 2 8pm 4 vs 3 9pni 4 vs 1 Thurs, Sept. 4: 7pn► 2 vs 4 (CE) 7pm 4 vs 2 (MC) 8pm 3 vs I 8pm 1 vs 3 9pm 5 vs 6 Thurs, Sept. It: 7pm.1 vs 2 (MC) 7pm 1. vs 4 (CE) 8pm_5 vs 4 — 8pm 3 vs 2 - 9pm 6 vs 3 Thurs. Sept 18; 7pm 2 vs 1 (CE) 7pm 4 vs 3 C m c) $rm 1v >6 Clpr+, Sus � EXHIBIT D INSURANCE REOUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of material change, cancellation, Bodily Injury and Property Damage non - renewal or termination and a 10 day written notice Per occurrence / aggregate of cancellation for non - payment is required on all certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must famish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. H. ADDIMONAL REOUIREMENTS A. Certificate of hnsurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is also required. * If your insurance company uses the standard ACORD fomt, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to ", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" * At a minimum a 30 -day written notice of material change, non - renewal, cancellation or termination and a 10 day written notice of cancellation for non - payment is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required hyitema -L (i) - (7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)- (7) are included or excluded. CC softball Assn. has. mq. 10 -23 -03 ep Risk Maaageeient PUBLISHER'S AFFIDAVIT State of Tei'' s' -: CITY OF CORPUS CHRISTI County of Nueces ; ss: Ad # 5012993 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller- Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 26TH day(s) of SEPTEMBER 2004. 82.40 TWO (2) Time(s) l �LQ./tGL �[�Lt,U�OSG� Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 27, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Calier•Times, Sunday, September 26, 2004 M Authorizing the City Manager or his designee to execute a five year Leas and for use of City props (Greenwood Soflba l Complex) for Lessee's sofb&H program and m consideration of Lessee maintaining the premises and improvements. This ordnance was passed and approved by the Ctty Council of 1M City of Corpus Chrieti on a first re ad myy on 9epNtnbar 21, 20D4. /s/ Armando C hW,, Cfly sad"I" PUBLISHER'S AFFIDAVIT State of Texas CITY OF CORPUS CHRISTI County of Nueces ; ss: Ad # 5036134 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller- Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 24TH day(s) of OCTOBER, 2004. 82.40 TWO (2) Time(s) I Credit Manager Subscribed and sworn to me on the date of OCTOBER 25, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. C141Ctxpus Chf _CaW-Tirrm SwAf , Ot if 24, 2004 NOTICE OF PASSAGE OF ORDINANCE NO. 025997 Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with Corpus Christi Softball for use of City property Greenwood Softball =x)for Lessee's program and in dionslderation of lissseemelmaininp the remises and mvements. This cued he by the City cil ri the City of us Chded on Its second reading on October 19, 2004. /a/ Armando CMtps City of City us Crew � F