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HomeMy WebLinkAbout026399 ORD - 08/23/2005 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A THREE-YEAR USE AGREEMENT WITH CORPUS CHRISTI POLICE ATHLETIC LEAGUE FOR BASEBALL PROGRAMS AT TC AYERS PARK FIELD; AND DECLARING AN EMERGENCY. 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 three-year Use Agreement with Corpus Christi Police Athletic League for baseball programs at the TC Ayers Park Field. The Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that ~S qrdinance irfJ/~.se~t-on first reading as an emergency measure on this ,v;:.f day of , 2005. ATTEST: I~ Armando Chapa City Secretary CITY OF CORPUS CHRISTI beY Mayor APPROVED: July 15, 2005 - , -, J/1" r::~' ,",0_ Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H\LE G-DIR\Olga R\Doyie\Ordinance\05. 0715 DC. Police.Atahletic. League. UseK.3yrs.TCA yers.Ord.doc 026399 Page 1 of 14 THREE YEAR USE AGREEMENT FOR TC AYERS PARK FIELD BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI POLICE ATHLETIC LEAGUE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 KNOW ALL BY THESE PRESENTS: This Use Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized Director of Parks and Recreation, or designee ("Director"), and the Corpus Christi Police Athletic League, a non-profit corporation ("User"), acting through Sgt. David Morris, President, or his duly authorized agent. WHEREAS, the City owns TC Ayers Park, 1722 Winnebago Street, Corpus Christi, Nueces County, Texas, ("Premises"); and, WHEREAS, the User desires to use Premises for its youth baseball program; and, WHEREAS, the City desires to allow User to use Premises for its youth baseball program. NOW, THEREFORE, City and User, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term, Subject to the remaining terms and conditions of this Use Agreement, the term of this Use Agreement is for a term of 3 years beginning on the __, day of , 2005 (the day of City Council approval). User may use the field at TC Ayers Park during the term of the Agreement from Monday thru Friday from 5:30 PM to 10 PM and on Saturday from 8 AM to 10 PM. Section 2, Contact Person/Use Agreement Administrator, For this Use Agreement, the City's contact person and Use Agreement administrator is the Director of Parks and Recreation ("Director'). Section 3, Premises and Improvements; Detailed Conditions For Use. City grants to the User the use of the Premises, as described and delineated in Exhibit A-1 that is attached hereto and incorporated herein by reference, and all improvements to the Premises ("Improvements"), including, without limitation, the fields, fences, irrigation systems, and the grass areas. Detailed conditions for using the Premises are contained In the attached Exhibit A-2, Exhibit A-2 may be amended as otten as necessary upon mutual agreement of by Director and User. Section 4, Consideration, User must operate a youth baseball program ("program") and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Use Agreement, set out by H:\LEG-DI R\OlgaRIDoyleIParl<&RecI05 .0713DC. Police.Athletlc. League.UseK. 3yrs. rCAye,s .doc Page 2 of 14 the City in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Use Agreement. At a minimum, maintenance includes the maintenance items contained in the attached Exhibit A-2 Section 5. Understanding. User acknowledges and understands that use of Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where User is without fault, excepted. Section 6. Joint Use, City retains joint use of the Premises and Improvements during the term of this Use Agreement, subject to Users right to exclusive control of the Premises during its use for youth baseball program purposes. User must not deny access to or use of the Premises by the general public for unorganized activities when the Premises are not being used for youth baseball purposes by User. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by Director and User. City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to User 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/or its Improvements. Section 7, Primary Use. User must establish and maintain a recreational area with the primary use being for the operation of a youth baseball program and for no other purpose without Directors prior written approval. Section 8, Additions or Alterations, User shall not make any additions or alterations to the Premises or to any Improvements without Directors prior written approval. If approved, User must obtain clearance, in writing, from City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Use Agreement before proceeding with any type of addition or alteration to the Premises or to the Improvements. All additions or alterations must be made at Users expense. At the expiration or termination of this Use Agreement, all additions or alterations made by User become the property of City without necessity of any legal action. Section 9. Utilities, User must install and pay for its own electric meter for the use of the lights and other electric use at TC Ayers Park Field when lights and other electric uses become available. User must have the electric service provider bill User for all electric utilities. User must promptly pay all electric utility bills so that none of those bills H:\LEG-DIR\OlgaR\Doyle\Parl<&Rec\05.0 713DC.Police .Athletic. League. UseK.3yrs. TCA yers.doc Page 3 of 14 become delinquent. The attached Exhibit A-2 further governs the responsibility for electricity and other utilities. Section 10. Signs, User shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs) on the Premises or on any Improvements without Directors prior written approval. If Signs are approved, Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of Directors written demand, City may do or cause the work to be done, and User will pay City's costs within thirty (30) days of receipt of Directors invoice. Failure to pay City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Use Agreement. Altematively, City may elect to terminate this Use Agreement after ten (10\ days written notice to User. Section 11, Advertising, The Director has the right to prohibit any advertising by User which impairs the reputation of the Premises or the City. Section 12. Security, User shall contract and pay for any and all security it requires at the Premises during the term of this Use Agreement. Section 13. Inspection. The City Manager or Director has the right to inspect the Premises and/or the Improvements at any time. If an inspection reveals that the Premises are not property maintained, Director may provide written notice to User demanding compliance. If User has not complied within five (5) days after receipt of the demand, City may undertake the work and User shall pay City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of Directors invoice. Failure to pay City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Use Agreement. Alternatively, City may elect to terminate this Use Agreement after ten (10) days written notice to User. Section 14, Non-Discrimination. User shall not discriminate or permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. Director retains the right to take any action deemed necessary by Director to enforce this non-discrimination covenant. Violation of this provision shall result in immediate termination of the Use Agreement. Section 15. Compliance with Laws, User must comply with all applicable federal, state, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Use Agreement. This Use Agreement is also subject to applicable provisions of the City Charter. All actions brought to enforce compliance will be brought in Nueces County where this Use Agreement was executed and will be performed. H:ILEG-DIRIOlga RIDoyleIPark&RecIOS.0713DC. Police .Athletic. League. UseK. 3yrs. TCA yers.doc Page 4 of 14 Section 16. Indemnity. a. Definitions The following are defined for this Indemnity: User means Corpus Christi Police Athletic League, a non-profit corporation. Indemnitors means User, its officers, members, partners, employees, representatives, agents, and licensees. Indemnitors' Invitees means Indemnitors' agents, representatives, servants, employees, patrons, guests, licensees, contractors, invitees, or other persons having involvement in, participation with, or business with the Premises, User, or User's program whether authorized with the express or implied invitation or permission of Indemnitors. Indemnitees means the City, its officers, employees, representatives, and agents. b. In consideration of allowing Indemnitors to use the Premises, Indemnitors covenant to fully indemnify, save, and hold harmless the Indemnitees from and against all claims, demands, actions, suits, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from Indemnitees, or any of them, on account of injury or damage to person (including, without limitation on the foregoing, premises defects, worker's compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage, injury, 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, any of the following: (1)User's performance under this agreement; (2)User's use of the Premises and any and all activities associated with User's use of the Premises under this agreement; (3) User's program or the existence, use, operation, maintenance, alteration, or repair of the Premises; (4) the exercise of rights under this Use Agreement; (5) an act or omission, pertaining to this agreement, by Indemnitees or Indemnitors or any of Indemnitors' Invitees; (6) entry under this Use Agreement, or trespass, upon the H :\LEG-DIR\Olga R\DoyteIPark&Rec\05.0713DC. Police .Athletic. League. UseK. 3yrs. TeA yers.doc Page 5 of 14 Premises or its Improvements during User's use or physical occupation of the Premises; (7) hazards associated with being a spectator or participant at a sporting event, training, or practice pertaining, directly or indirectly, to this agreement; (8)the violation by Indemnitees, Indemnitors, or Indemnitors' Invitees of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this agreement. c. This indemnity applies regardless of whether the injuries, death, or damages are caused, or are claimed to be caused, by the concurrent, contributing, or sole negligence of Indemnitees, or any of them. This indemnity includes all expenses of litigation, court costs, and attorney fees that arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. d. Indemnitors covenant and agree that if any of the Indemnitees is made a party to any litigation against any of the Indemnitors or in any litigation commenced by any party, other than any of the Indemnitors, relating to this Use Agreement, Indemnitors shall, upon receipt of reasonable notice regarding commencement of litigation, at their own expense, investigate all claims and demands, attend to their settlement or other disposition, defend Indemnitees with legal counsel satisfactory to the City Attorney in all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, demand, claim, or action. Section 17. Insurance. User must secure and maintain at Users expense, during the term of this Use Agreement, a Commercial General Liability insurance poliCY with the limits and requirements shown on Exhibit B, which is attached hereto and incorporated herein by reference. Failure to maintain this insurance at the limits and requirements shown on Exhibit B constitutes grounds for termination of this Use Agreement. User must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit B, to Director and Risk Management prior to commencing use of the Premises under this Use Agreement. User must provide Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverage required herein. User shall, during the term of this Use Agreement, provide copies of all insurance policies to City Manager or Director upon written request. User shall, prior to any H:\LEG-DIRIOlgaR\DoyleIPark&RecI05. 0713DC. Police.Athletic. League. UseK. 3yrs.TCA yers.doc Page 6 of 14 addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Use Agreement. Section 18. No debts. User shall not incur any debts nor obligations on the credit of City during the term of this Use Agreement. Section 19. List of Officers. User must submit its current List of Officers to Director within ten (10) days of commencement of this Use Agreement. Further, User, on the subsequent yearly anniversary dates of this Use Agreement, must submit its current List of Officers to Director. Failure to submit a current List of Officers, either within ten (10) days of commencement or annually as required by this section, shall constitute grounds for termination of this Use Agreement. The List of Officers must contain each person's title, name, address, home phone, and office or fax phone, if applicable. Section 20. Reporting. User shall submit reports listing the numbers of Players and teams registered by User to play youth baseball each year during the term of this Use Agreement. The reports must be submitted to Director by August 31 st of the Use Agreement year. Section 21, Termination, The City may immediately terminate this Use if the City determines, in its sole discretion, that User is no longer fulfilling the primary purpose of the Use Agreement as set out in Section 7. In addition, the City may immediately terminate this Use Agreement if it determines, in its sole discretion, that User is in violation of any federal, state, or local government law, rule, regulation, or ordinance. Termination for failure to maintain the Premises and/or its Improvements is governed by Sections 4 and 13 as contained herein. Termination for failure to pay a utility bill prior to the due date is govemed by Section 9 as contained herein. Termination for failure to pay City's invoice to remove, repair, or repaint any sign within thirty (30) days of receipt of same is governed by Section 10 as contained herein. Either City or User may terminate this Use Agreement without cause by giving thirty (30) days written notice to the non-terminating party. Alternatively, if there is noncompliance with one or more of the provisions contained herein, Director may give User written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If User is not in compliance or in substantial compliance with each provision identified by Director within ten (10) days of receiving said notice, the City Manager may terminate this Use Agreement for cause by providing written notice of termination and listing one or more areas of continued noncompliance. Section 22, Costs. Noncompliance with the terms herein may result in termination of this Use Agreement and repossession of the Premises and its Improvements by City or its agents. If City undertakes legal action to enforce compliance or collect damages H:\LEG-DIR\OlgaR\Doyle\Park&Rec\05. 0713DC. Police.Athletic. League. UseK. 3yrs. TCAyers.doc Page 7 of 14 resulting from noncompliance, User shall pay all of City's court costs and expenses, Including reasonable attorneys' fees. Section 23, Notice, All notices, demands, requests, or replies provided for or permitted, under this Use Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery service, for which service has been prepaid. 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 company or overnight express carrier. All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 IF TO USER: Corpus Christi Police Athletic League Attn: Sgt. David Morris, President P.O. Box 9572 Corpus Christi, TX 78469 Either party may change the address to which notice is sent by using a method set out above. User will notify City of an address change within thirty (30) days after the address is changed. Section 24, Construction and Reconstruction Funds. If City receives funds to construct or reconstruct Improvements at the Premises, User covenants to vacate the Premises, should Director deem it necessary, upon thirty (30) days written notice from Director. User has no action for damages against, and will not be compensated by, City for loss of use of the Premises and/or Improvements. City has no obligation to provide an alternate location for User during the Improvements construction or reconstruction period. The consideration for User relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is City's construction or reconstruction of the Improvements for User's benefit. Once construction or reconstruction of the Improvements is complete, Director will notify User, in writing, of the date on which the Premises and Improvements are once again available to User. Users term will not change nor increase if City requests User to vacate the Premises as set out herein. Section 25. Amendments, No alterations, changes, or modifications of the terms of this Use Agreement or 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. Section 26. Waiver, 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 H:\l.EG-DIR\OlgaR\Doy\e\Park&Rec\05.0713DC.Police .Athletlc. League. UseK. 3yrs. TCAyers.doc Page 8 of 14 deemed a waiver by said party of any of its rights hereunder. A waiver of any covenant or condition or of the breach of any covenant or condition of this Use Agreement by either party at any time, express or implied, shall not be taken to constitute a waiver of any subsequent breach of the covenant or condition and shall not shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. If any action by the User requires the consent or approval of the City on one occasion, any consent or approval given on that occasion will not be deemed a consent or approval of the same or any other action at any other occasion. Any waiver or indulgence of Users default of any provision of this Use Agreement shall not be considered an estoppel against the City. It is expressly understood that if at any time User 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 that the City may have will not be considered a waiver on the part of the City; but City may at any time avail itself of said rights or remedies or elect to terminate this Use Agreement on account of said default. Section 27. Force Majeure, No party to this Use Agreement will be liable for failures and 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, inclement weather, riots or interference by civil or military authorities. Section 28. Assignment and Sub-Use Agreement. This Use Agreement may not be, in whole or in part, assigned, transferred, or sublet directly or indirectly without the prior written consent of the City. Section 29. Publication, User agrees to pay the cost of newspaper publication of this Use Agreement and related ordinance as required by the City Charter. Section 30. Captions. The captions in this Use Agreement are for convenience only, are not a part of this Use Agreement, and do not in any way limit or amplify the terms and provisions of this Use Agreement. Section 31. Severability. It is the definite intent of this Use Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof 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 Use 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 Use 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 hereby. 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 Use Agreement, then the remainder of this Use Agreement is not affected thereby, and in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to H:\LEG-DIRIOlgaR\Doyle\Park&RecI05.0713DC. Police .Athletic. League. UseK. 3yrs. TCAyers.doc Page 9 of 14 the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Use Agreement automatically. Section 32, Entirety Clause. This Use Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and User 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 Use Agreement are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 3. The parties intend to provide for a complete understanding within the provisions of this Use Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Users use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the ___day of ,2005. ATTEST: CITY OF CORPUS CHRISTI -- Armando Chapa City Secretary APPROVED ~UIY 2005 ~~rtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney George K. Noe City Manager STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on , 2005, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home-rule Municipal Corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: H :ILEG-DIRIOlgaRIDoyle\Park&Rec\05. 0713DC.Police .Athletic.League. UseK. 3yrs. TCAyers .doc Page 10 of 14 USER: CORPUS CHRISTI POLICE ATHLETIC LEAGUE By: Sgt. David Morris, President, or designee, Corpus Christi Police Athletic League STATE OF TEXAS 9 9 COUNTY OF NUECES 9 ACKNOWLEDGMENT Before me, on this day personally appeared who, by either personal knowledge or by proof of identification, is known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purpose and consideration and in the capacity therein expressed. Given under my hand and seal of office this day of ,2005 Notary Public, State of Texas Printed Name Commission expires: H:\LEG-DIRIOlgaR\DoyteIPark&RecI05 .0713DC. Police .Athletic.League. UseK. 3yrs.TCA yers.doc Page 12 of 14 CORPUS CHRISTI POLICE ATHLETIC LEAGUE USE AGREEMENT Exhibit A.2 Detailed Conditions for Using TC AYERS PARK Field This Exhibit A-2 is attached to and governed by the Use Agreement ("Agreement") between the City Of Corpus Christi, Texas and the Corpus Christi Police Athletic League ("User"). This Exhibit A-2 contains detailed conditions for using the Premises ("Premises") defined in the Agreement. 1, User must operate a youth baseball program ("program") and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to the Agreement, set out by the City in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of the Agreement. At a minimum, maintenance includes: a, User shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used; b, User shall keep fully operational and in good repair the youth baseball fields and fair weather parking area that is located on the Premises; c, User must immediately report any vandalism to Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas; d. User must keep the fair weather parking area and access roads free of debris and properly designated in accordance with standards issued by Director that are in force now and as promulgated in the future; e, User must ensure that parking is confined to designated areas; f, User shall be responsible for maintaining the youth baseball fields as set out in Section 19 herein below. Further, User shall be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches; g, User must maintain the youth baseball field within the Use Agreement boundary lines. Grass on the youth baseball fields must not exceed three (3) inches. User must mow the youth baseball fields within one (1) week after grass reaches three (3) Inches. At least one month prior to the start of any season or pre-season practice, the youth baseball fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the youth baseball fields at or below three (3) inches or to properly bring the youth baseball fields back to playing condition shall be grounds for termination of this Use Agreement. h, Where practical, as determined in the sole discretion of Director, User must install and pay for its own utility meters and User must have all utility service providers bill User for all utilities. User must promptly pay all utility bills so that none of those bills become delinquent. User must pay for all utilities, such as electricity, water, wastewater, solid waste, and phone associated with its usage of the Premises. H:\lEG.OIRIOlgaRIOoyleIPark&RecI05.0713DC.Police Athletic. League, UseK. 3yrs. TCAyers .doc Page 13 of 14 EXHIBIT B INSURANCE REQUIREMENTS Section I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and the 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 the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of material change, cancellation, Bodily Injury and Property Damage non-renewal or termination and a 10 day written Per occurrence I aggregate notice of cancellation for non-payment of premium 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 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 furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of the accident. Section II ADDITIONAL REQUIREMENTS A. Certificate of Insurance 1. The City of Corpus Christi must be named as an additional insured on the General Liability policy, and a blanket waiver of subrogation is also required. 2. If your insurance company uses the standard ACORD form, 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". 3. The name of the project must be listed under "Description of Operations." 4. 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 of premium is required. H:ILEG.DIR\OlgaRIDoyleIPark&RecI05.0713DC. Police .Athletic. League. UseK. 3yrsTCA yers .doc Page 14 of 14 B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1 )-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.8. (1 )-(7) are included or excluded. CC Police Athletic League ins. req. 1.2704 ep Risk Management H:IlEG-DIR\OlgaR\Doyle\Park&Rec\05 .0713DC. Police.Athletic. League. UseK.3yrs.TCAyers.doc Page 2 of 2 Corpus Christi, Texas __ c2~AJ Dayof (,~l.wt ,200S TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Henry Garrett ~ ~ (~ (~ I {~ Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott William Kelly H. ILEG-DIR\OlgaRIDoyieIOrdina nce105.0 715DC. Police.Atahletic. League. UseK.3yrs .TCAyers.Ord. doc 02R39R