HomeMy WebLinkAbout026505 ORD - 10/11/2005
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH CORPUS
CHRISTI SENIOR SOFTBALL ASSOCIATION FOR A SOFTBALL
PROGRAM AT KIWANIS PARK SOFTBALL COMPLEX; 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 five-year
Lease agreement with Corpus Christi Senior Softball Association for a softball
program at Kiwanis Park Softball Complex. 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 this ordinance isyast;j',upon first reading as an
emergency measure on this ~ day of \,}. )-I:JI__,2005.
ATTEST:
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Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
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Mayor
APPROVED: July 22, 2005
,
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Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H oLEG-DIROlgaR\DoyleIOrdina nGel05, 0 722DC, Kiwanis, Prk. CCSrSoft ball, Lease5yr. Ord ,doc
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Corpus Christi, Texas
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_ ,2005
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,
!6t~
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A, Kinnison
John E. Marez
Jesse Noyola
Mark Scott
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H ,LEG-DIR' Olga R\DoyleIOrdinance\05 0722 DC.Kiwanis Prj(.CCSrSoft, ball. Lease ,5y,- Ord, doc
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KIWANIS PARK SOFTBALL COMPLEX LEASE & USE AGREEMENT
BETWEEN
CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI SENIOR SOFTBALL ASSOCIATION
STATE OF TEXAS S
s
COUNTY OF NUECESs
KNOW ALL BY THESE PRESENTS
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 SENIOR SOFTBALL ASSOCIATION
("Lessee"), a Texas nonprofit association, 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 SENIOR SOFTBALL ASSOCIATION, a Texas
nonprofit association, Corpus Christi, Texas.
Parks and Recreation means the City's Parks and Recreation Department.
Director means the City's Director of Parks and Recreation or the Director's
designee.
Premises means a tract or parcel of land at Kiwanis Park designated as shown on
the attached drawing, Exhibit A1, together with all improvements.
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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 Director.
Section 3. Leased Premises. The Leased Premises is a tract or parcel of land in
Kiwanis Park designated 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
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. Subject to all provisions of this Lease, City leases the Premises to
Lessee for a term of five (5) years. However, either party, with or without cause, may
terminate this Lease by giving thirty (30) days written notice to the other party. Section
31 contains termination provisions for default. This Lease begins on the U!-day of
0~ , 2005 (the day of final City 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
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.
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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 tenn of this Lease, then this Lease shall tenninate
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 tenninate 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 tennination.
c. If the cessation of use occurs and continues for one year or longer, and Lessee
does not exercise the right to tenninate this Lease, then the City may terminate this
Lease by giving Lessee at least one (1) months notice prior to the effective
tennination date.
d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon
tennination, 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, tennination,
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 Director.
Section 11. Bylaws/Constitution, and Membership and User Requirements; Hours
and Terms of Operation; List of Officers; Lessee Responsible for Activities.
a. Bylaws/Constitution. Attached as Exhibit B is a certified copy of Lessee's
Bylaws/Constitution. Attached as Exhibit C is a certified copy of Lessee's Schedule
of Activities, Hours and Terms of Operation, Membership and User Fees.
Membership and User Requirements and Fees must be reasonable so that the
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Premises and improvements are reasonably available for use by the public, Exhibits
Band 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 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 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 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 Director, must construct and maintain screening or
other safety barriers to ensure, to the extent reasonable, that softballs 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 Director, and Engineering Services Director for
review and written consent.
d. If the Director and Engineering Services 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 Director, Engineering Services 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.
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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 Director
requests proof of payment. Failure to payor 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.
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.
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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 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
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
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 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.
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 fumish any equipment or furnishings
for Lessee.
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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 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. Director's Right to Access Premises in Emergency.
a. Lessee shall provide the Director with keys to the Premises, and a current list of
names and phone numbers, for use by the Director, in the event of an emergency.
b. The 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.
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) Lessees 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;
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(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 I 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.
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 0, 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.
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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.
(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, City, at its option, in addition to any other remedy or right given under
this Lease or by law, may do one or more of the following:
(1) City may 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, City may enter into and upon the Leased Premises and
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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 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, retum 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
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
President
Parks and Recreation Dept.
Corpus Christi Senior Softball Association
PO, Box 9277
1442 Maryland
Corpus Christi, TX 78415
Corpus Christi, TX 78469-9277
Attn Director of Parks & Recreation
(361) 852-3497
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(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.
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
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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.
Section 47. 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 City Council and executed by the City Manager, or designee.
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EXECUTED IN DUPLICATE ORIGINALS on the ~y of O~ 2005.
TI SENIOR SOFTBALL ASSOCIATION
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on~ 15 , 2005, by
~y> ~~ ,President of Corpus Christi Senior Softball Association, a Texas
nonprofit association, on behalf of the association.
~~J
Notary Pu he, State of Texas
Printed Name: K c.~+(.
Seal
Expiration Date: 3. ~ 'dOD Sl
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Page 14 of 1 7
ATTEST:
~~--
Armando Chapa
City Secretary
CORPUS CHRISTI
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
D:dJL~."rT'5
IT ~1I~ll._._10~ I D
fY,
.__..._~
SECIrr"!'fi
STATE OF TEXAS
9
9
COUNTY OF NUECES 9 ~
This instrument was acknowledged before me on ~if I g ,2005, by
George K. Noe, City Manager of the City of Corpus hristi, a Texas home-rule
Munidp ,orporat,,-n, p beha" of the corporation
Notary Public, State of Texas $"- Connie Par1<s
t, :J\......'t.,. My Commission Ellpir...
"''.~...
~.$ November 09, 2007
Printed Name:
Seal
Expiration Date:
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EXHIBIT A2
DETAILED CONDITIONS FOR USING PREMISES
CITY OF CORPUS CHRISTI, TEXAS
KIWANIS PARK SOFTBALL COMPLEX LEASE & USE AGREEMENT
WITH THE CORPUS CHRISTI SENIOR SOFTBALL ASSOCIATION
This Exhibit A2 contains detailed conditions for using the Premises ("Premises"). This
ExhibitA2 is attached to and governed by, and the Premises is defined in, the Kiwanis
Park Softball Complex Lease and Use Agreement between the City Of Corpus
Christi, Texas and Corpus Christi Senior Softball Association.~ CM
~ Ctt5
1. Lessee Services and Responsibilities. ~. ____ A
3C1~lon.) a
1.1 Softball. Annually Lessee will offer up to 3 seaMRS of up to-r-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
Parks Director. Dates of the tournaments must be requested as soon as possible
each year. The Parks 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,
1.2Citv 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 toumaments will be independent of any tournament associated
with the regular adult league play,
1.3Maintenance. 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 Parks
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 shall keep safe and in good repair the bleachers; Lessee must repair
the bleachers within 48 hours after the need for repair is, or should have
been discovered.
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d. Lessee must immediately report any vandalism to the Parks Director, or his
designee, and the Corpus Christi Police Department, Nueces County,
Texas;
e. 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 Parks 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;
f. Lessee must ensure that parking is confined to designated areas;
g, 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.
1.4Reaistration. 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.
1.5Utilities. Where practical, as determined in the sole discretion of Parks Director,
Lessee must install and pay for its own utility meters and Lessee must have all
utility service providers bill Lessee for all utilities. Lessee must promptly pay all
utility bills so that none of those bills become delinquent. Lessee must pay for all
utilities, such as electricity, water, wastewater, solid waste, and phone associated
with its usage of the Premises. Electricity for field lights will be billed at the
established fee of $8,OO/hr for night games.
1.6Field Playability. The City reserves the right to cancel play at Premises when field
conditions, as determined by the Athletics Program Manager, 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.
1.7Umpires. Lessee must provide and pay for umpires for each scheduled game.
1.8Complaint Notice. Lessee will post a notice at Premises, in a form approved by
the Parks Director, that if any participant or spectator has any complaints or
concerns they may contact the City at 880-3461 and talk to the Parks Director, or
designee.
2. City Responsibilities.
2.1 Debt Service. City will pay bond debt for Premises.
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2.2 Maintenance. City will maintain the areas outside of the Premises determined by
this lease.
2.3Caoitallmorovements. City will fund capital improvements determined by the City
that are needed at its discretion.
2.4 Contact Person. For the Lease, the City's contact person is the Parks Director.
H. \LEG.OIR\Olga R\DoyleIPark&RecI05, 0722DC, Kiwanis, ParkCCSr,Softbail, Lease, 5yrs,doc
t
Exhibit A-1
Kiwanis Softball Complex
Lease & Use Agreement
between City of Corpus Christi
and Corpus Christi Senior
Softball Association
9
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EXHIBIT B
CORPUS CHRISTI SENIOR SOFTBALL ASSOCIATION
Corpus Christi, Texas
CONSTITUTION
ARTICLE I -Name
This organization, a non-profit association, shall be known as the CORPUS
CHRISTI SENIOR SOFTBALL ASSOCIATION ( CCSSA).
ARTICLE fl- Purpose
The purpose of the Association shall be to promote softball as an exercise and fun
sport program for seniors.
ARTICLE ill - Membership
The CCSSA shall be composed of softball players, members, and officers as
provided in the by-laws. Each member is required to complete a registration form to
keep on file. (This registration fonn shall be the standard liabiJity waiver form).
ARTICLE IV - Government
The business of the CCSSA shall be conducted by the officers, committees appointed
by the president from the membership of the CCSSA according to the directives of
the by-laws,
ARTICLE V - Meetings
The CCSSA shall conduct business at a regular or called meeting as directed in the
by-laws. A special meeting may be called by the president, and must be called at the
request of 2/3 of the members of the board.
ARTICLE VI - Amendments to the Constitution
Any proposal or proposals for an amendment to any part of the constitution must be
in writing to the officen at a regular meeting. Two readings of the proposed
amendment must be made prior to the meeting at which a vote is taken.
l
1
'----'
ARTICLE Vll- Dissolution
In tbe event of tbe dissolution of the CCSSA, a non-profit association, its assets and
property or funds wbieb it tben possesses, sbaD be distributed to anotber non-profit
organization or organizations as determined by tbe board of tbe CCSSA. '
BYLAWS
ARTICLE I - Membenbip
Sec. I - AU playen joinJng the Association must sign a registration form to keep
on file for the purpose of keeping track of qes. The age groupins shall be 1) 50
+; 2) 5$ +; 3) 60 +; 4) 65 +. Age shall be validated by a valid driver's license, a
birth certificate, or a personal identification card.
Sec. n - There shall be no Umit of membership in the CCSSA.
Sec. ill - Each member shall be required to accept the respoDSlbilities as laid out
in the constitution and by-laws.
L
Sec. IV - Complaints ~vjn-t any member(s) of the Association will not be
recoplized unless submitted in writing to the executive committee. Upon receipt
of a properly submitted complaint, the executive committee shall meet with the
the parties involved to discuss the complaint and take any action it deems
appropriate. It may levy a penalty or dismiss the complaint.
Sec. V - Consumption of alcoholic beverages by team memben in playing area
during a game is prohibited, and may result in suspension. e'Playing area" is
defined by city ordinance).
ARTICLE n- ELECTIONS
Nominations for board memben sbaD be received during tbe last month of the
seaon. Elections sbaD be beld after tbe last regular season game.
The date of election sball be announced to tbe memben of tbe CCSSA. Tbose
present at tbe announced meeting shaD have tbe rigbt to vote.
See. 1- Five memben of the executive committee as defined in Article IV of the By-
Laws shaD be elected at the announced meeting.
SEC. n -The Board sbaD consist of 12 memben. Tbe memben of the elected
L executive committee shaD appoint the balance of tbe board.
2
SEe. m - All members of the CCSSA are welcome at all meetings. They shall serve
in an advisory capacity. Voting shall be restricted to the 12 members of the board.
ARTICLE m - TERMS OF OFFICE
The TERM OF the president and vice-president shall be TWO (2) years. Neither
shall succeed himself in the same office
'/
The TERM OF THE secretary and treasurer shall be THREE (3) years. Neither
shaD succeed himself in the same office.
The term of The Sergeant of arms shall be FOUR (4) years, He shall not succeed
himself.
ARTICLE IV
Sec. I - EXECUTIVE COMMITrEE
The officers of tbe CCSSA shall be the President, Vice- president, Secretary,
Treasurer and Sergeant of anDS. These officers shall constitute the executive
committee and shall execute the duties herein stipulated.
Sec. n - Duties of tbe PRESIDENT
a) He sball preside at all meetings of the CCSSA.
b) He shall see to it that the decisions and resolutions of the board are canied
out.
c) Hesball be respoDS11Jle for all negotiations in bebalf of the CCSSA.
d) He shall be tbe chairman of tbe executive committee and preside at the
meeting of the executive committee. He may utilize the executive committee
in the carrying out of his responsibilities.
e) He sball appoint a committee of three to audit the books oftbe treasurer at
the conclusion of the year.
Sec. ill - Tbe President sball bave tbe power to appoint any committee to assist
him in the performance of his duties.
(
Sec. IV - Duties of tbe VICE- PRESIDENT:
He shall assist the president in any matter deemed necessary and shall.
conduct any meeting that the president is unable to attend. He" must be
willing to work with the president on any committee as needed.
3
, ,
Sec. V - Duties of the SECRETARY:
a) He shall keep the minutes of each meeting, and read the minutes of the
preceding meeting.
b) He shall keep record of the attendance of all members at the meetings.
Attendance shall be estabUshed by roll call.
c) He shall handle all correspondence in a prompt and concise manner and will
provide a copy of all amendments to the constitution and by-laws to all board
members. He will keep copies of all paperwork pertaining to the association.
Sec. VI- Duties of the TREASURER:
a) He shall accept and deposit, without delay, all moneys paid to or collected by
the CCSSA.
b) He shall furnish a financial report at all scheduled meetings. He shall have in
possession a complete set of books on all financial transactions of the CCSSA
with records, check book, and bank: statements upon request.
c) He sball submit his books for audit at the end oftbe year.
Sec. VB. Duties of tbe SERGEANT OF ARMS:
He shall keep order during meetings and fu1fi1l other duties as assigned to him by
the president or the Board.
Sec. vm. Tbe Executive committee shall handle all assignments for tournaments '
and league play, and shall be respoDSl"ble to see that all pay agreements, as well as
collection of moneys and disbursement of same are fulfilled.
Sec. IX - Any vacancy in tbe governing board shall be filled by secret ballot at the
next regularly scheduled meeting.
Sec. X . The governing board shall have the power to impeach [REMOVE) any
officer for neglect of duties or failure to enforce the constitution and by-laws or
for any conduct manifestly detrimental to the aim and purpose of the CCSSA.
ORDER OF BUSINESS AT REGULARLY SCHEDULED MEETINGS
A) Meetings shall start promptly at scheduled time.
B) RoD Call.
C) Invited Guests will be introduced.
(
4
D) The President shall call the meeting to order. The meeting shall be conducted
according to Robert' s Rules of Order.
E) The Secretary shall read communications or notices and read the minutes of
the last meeting.
F) The Treasurer shall give his financial report.
G) Questions and answers shall be received from the membership. These
meetings are open and frank. Encouragement is given to all members to speak
freely and courteously without fear of reprisal or ridicule.
H) Adjournment
Revised!
January: 2000
We attest that this revised constitution of the Corpus Christi Senior Softball
Association (CCSSA) was ADOPTED unanimously by members of the CCSSA
board at a regularly called meeting, January 24, 2000.
Paul Coleman, Secretary
Roy Oliver, President
AMENDED: October 16, 2001
5
EXHIBIT C
Senior Softball Covenant...
1 Name: The association shall be know as the "Senior Softball Association of Corpus
Christi Texas" (herein known as the "Senior Association Board" or Senior Association or
Board or CCSSA)
2 Eligibility for Membership: Membership is open to all persons of sound moral values.
Members will be classified as "active" (players) and inactive (supporters and sponsors).
Active members must provide proof of age
3 Organization
a) The Senior Association Board will be directed by six persons elected by active members
of the association. An alternate or alternates for the board will be elected during the general
election. Board members will select officers and committee chairmen from within the elected
persons in order to gain full advantage of their special skills. Officers and committee chairmen
will oversee operation of the Senior Association, induding, but not limited to, finances, field
maintenance, rules and play scheduling, and public relations. Committee chairmen will form
committees, at their discretion from association membership,Jo assist in projects necessary for
smooth operation of the league. The elected body will serve one year (January 1 to December
31). Board elections will be held sometime during the last quarter of each year. Past board
members and alternates can be re-elected. In event a board member is no longer able to serve.
b) In event an elected board member can no longer serve, an alternate will take his place.
c) A board member can be impeached by 100% vote by the other board members.
4 Intent: To provide senior men, over age 50, a chance to participate in an organized softball
league in the city of Corpus Christi,
5, Teams: Teams must consist of twelve players. Leagues for play will divided into 50-54
(+50),55-59 (+55), 60~ (+60), and 65+ age groups, Selection of players must follow rules
provided for each age group
6. Players:
a) Eligibility - Players must have reached their fiftieth birthday during the calendar
year of the year in which they wish to play.
b) A player must live within one hundred miles of Corpus Christi.
e) Players can play in any and all age groups if selected accoraing to player
selection rules.
d) A player, once signed to play with a team, cannot change teams until the end
of the current session,
7 Rules and Regulations: Leagues will play according to rules of The American Softball
Association (ASA) and by rules and regulations set by the governing Board of the Senior
Association.
8. Manager and Player Selection:
a) Senior Association Board must approve +50 Age Group Managers. Managers,
when approved by the Board, are responsible for obtaining uniforms and players
for his team.
b) Senior AssL _.ation Board must approve +55 Agt. "roup Managers. Managers,
when approved by the Board, are responsible for obtaining uniforms and players
for his team.
c) Senior Association Board must approve +60 Age Group Managers. Managers,
when approved by the Board, are responsible for furnishing unifonns for his team.
Team players selected by draft of all eligible players. Draft order will be
determined by vote of managers Tie vote will be determined coin flip.
9 League Play
a) League play will divided into +50, +60, +65 age groups. There will be
three (or four, provided there is enough interest) sessions of play for each
age group during a calendar year. A double elimination tournament will be
held at the end of each session to determine overall champions for each
age group Senior Association's will announce particulars for post season
play,
b) Every player, unless absent or injured, must bat at least one time during a
game
c) Team ahead by twenty runs at the end of three complete innings, or ahead
by flfieen runs after four complete innings will be declared the winner.
Otherwise, team with most runs after one hour, or at the completion of
seven innings, will be declared winner. In event of tie score after time limit,
or after seven innings, an extra inning, or innings will be played. Each half
of the extra innings will start with tVvU outs. During the extra innings, each
batter will start with a three ball, two strike Team ahead after complete
innings have been played will be declared the winner.
b) A team can start play with nine or more players. However, in event fewer
than ten players are available for play, the team can request from an
opposing manager for loan of one or more of his players for the game.
The loaning manager can select his players, ask the players for their
willingness to play for the opposing team, and if accepted, these players
will play for the team short of players. The game will be declared official
and the winning team will be the team that scores the most runs. In event
that the manager or player refuses to play with the team short of players,
the short team must forfeit the game.
c) TVvU umpires will be used during league play and during post session
tournaments,
d) A mat, of standard dimension, will be used for ball-strike determination
except that umpire will have final call judgement on height of delivery.
e) Three home runs per team are allowed in each game. On fourth and
subsequent team home runs, batter will be rewarded a one base hit.
Runners, if present, will advance one base.
f) A player must play in three regular session games in an eight game
schedule to be eligible for the post session tournament. For a session
schedule of less than eight games, a player must play in a minimum of two
games.
· +60 wr4f14fJe'f6 fII6teC 4 - 1 e. ta--1Jj. {a"f1iMH n
· +60 "'t4f141<<4 fII6teC 4 - 1 J- It6 ({Mfit e. I.. __,
10. Equipment:
a) Uniforms - Tea'J must have numbered shirts of likE. Jlor and design. Exception -If
for some reason player's uniform is not available at the time of play, he must borrow
from a team mate, or, play in a shirt of similar color with number attached. This
exception shall apply for one game during each session of league play unless
approved by opposing manager, Players must wear official shirt during post season
play-off games.
b) Balls - Each team shall furnish one new softball (or 'like new', as approved by plate
umpife) for each game. Ball must be ASA approved, fed stitch, 0.47.
Notes
1998 Sorina Schedule for +60 Leaaue - There will be a single elimination tournament for all
teams at Kawanis Field on Saturday, February 14. League play will begin on Tuesday,
February 17. After league play, there will be a double elimination play-off tournament during the
first week of April League schedules will be available on February 7.
1998 Sorina Schedules for +50 and +55 - League play will begin on Thursday, February 12.
Managers must notify the Slimior Association Board oUb9il;;.igtr,mt to palticipa!e,i,g..ths8e
leagues as soon as possible.
Corpus Christl Senior Softball Association
Membership requirements:
Participants have to be 49 years of age or older.
Membership fees:
$200 for 50 yrs per season per team
$200/55 yrs per season per team
$15.00 per player for each season for 60 yr olds and older
Hours of Operation:
Monday, Tuesday, and Wednesday from 7:00 p.m. to 10:00 p.m.
I certify that this document is a true and correct copy and has not
been a~ded or ~'.
~. j)j/-C~~
-Name ~
EXHIBIT D
INSURANCE REQUIREMENTS
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
Liquor Liability Applicable if liquor sold or consumed on premises
L_ $1,000,000
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such accidents within
ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
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 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", In lieu of modification of the ACORD form, separate policy
endorsements addressing the same substantive requirements are mandatory.
The name of the project must be listed under "Description of Operations"
At a minimum, a 3D-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 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.B. (1 )-(7) are
included or excluded.
Kiwanis Park CC Sr. Softball Assn. ins, req,
7-21-05 ep Risk Management
H :ILEG-DIRIOlgaRIDoyleIPark&RecI05.0721 DC.CCSenior.Softball.Assn-Ki,wanis.insreq.doc.doc