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HomeMy WebLinkAbout026703 ORD - 03/28/2006Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE -YEAR LEASE AND USE AGREEMENT WITH UNIVERSAL LITTLE LEAGUE FOR BASEBALL PROGRAMS AT GREENWOOD /HORNE YOUTH SPORTS 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 and Use agreement with Universal Little League for baseball programs at the Greenwood /Horne Youth Sports 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 is passed upon first reading as an emergency measure on this day of Ifre .LL , 2006. ATTEST: !' Armando Chapa H my Garr tt City Secretary Mayor CITY OF CORPUS CHRISTI LdJd ..J Li. A/i APPROVED: March 15, 2006 oyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H ,LEG- DIR'OIgaRlDoyle\ Ordinance \06.0315 LJnivers. all Ittle.League +JseK 5yrs Ord.doc 026703 Page 2 of 2 Corpus Christi, Texas ►V: day of , 2006 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 ♦r 44 .410 41,1 Henry G . rrett Mayor 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 H \ LEG- DIR1OIgaR \DoyielOrdinance106. 0315 Univers.aILttle.League UseK.5yrs.Ord.doc GREENWOOD /HORNE YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND UNIVERSAL LITTLE LEAGUE STATE OF TEXAS § COUNTY OF NUECES § Page 1 of 14 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 Universal Little League ( "Lessee "), a Texas nonprofit association, Corpus Christi, Texas, operating for the purpose of providing youth baseball 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 UNIVERSAL LITTLE LEAGUE, 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. H: 1LEG- DIR \OIgaRIDUyIelPark &ReclLittle Leagues105.1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 2 of 14 Premises means a tract or parcel of land at Greenwood /Home Youth Sports Complex designated as shown on the attached drawing, Exhibit Al, 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 youth baseball 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 Greenwood /Home Youth Sports Complex designated as shown on the drawing attached as Exhibit Al, 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 _ day of , 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. H:1LEG- DIR \ Olga RRDoyle\Park &Rec \Little Leagues 1 05. 1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 3 of 14 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 youth baseball 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. H:1 LEG- DIR\OIgaR\Doyle\Park &ReccLittle Leagues\ 05. 1014DC. Univers. alLittt .eLeague.Lease &.UseAgmt.5yr.doc Page 4 of 14 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 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 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 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 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 H:1 LEG- DIR \OIgaR \DoyielPark &RecLittle Lea gues105.1014DC. Univers. alLittl .eLeague.Lease &.UseAgml.5yr.doc Page 5 of 14 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 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. 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. H;1LEG- DIR \OlgaR \Doyle \Park &Rec \Little Leagues \ 05. 1014DC. Univers. al Littl .eLeague.Lease &.UseAgmt.5yr.doc Page 6 of 14 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 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. Altematively, 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 waming 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. H: \LEG- DIR \OIgaR\Doyle1Park &Rec \Little Leagues\ 05. 1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 7of14 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 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 govems 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 H:1 LEG- DIR1OIgaR\Doyle1Park &Rec \Little Leagues105.1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 8 of 14 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 lndemnitees, 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 lndemnitees, 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 lndemnitees, or any of them, but not if caused by the sole negligence of lndemnitees, 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. 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 H-1LEG- DIR1OIgaR\Doyle \Park &Rec \Little Leagues105. 1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 9 of 14 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. (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: H:1 LEG- DIR \ Olga R\Doyie1Park &ReclLittle Leagues105.1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 10 of 14 (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 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 attomeys' 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, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an ovemight 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 ovemight 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: H: \LEG- DIR \OIgaR\DoylelPark &Rec \little Leagues105.1014DC. Univers.alLittl .eLeague.Lease &.UseAgmt.5yr.doc IF TO CITY: City of Corpus Christi Parks and Recreation Dept. P.O. Box 9277 Corpus Christi, TX 78469 -9277 Attn: Director of Parks & Recreation (361) 880 -3464 IF TO LESSEE: Universal Little League ATTN: President 4035 Greenwood Drive Corpus Christi, TX 78416 (361) 855 -4272 Page 11 of 14 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 govem 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) HALED-DIM OIgaR\Doyle\Park &Rec \Little Leagues\ 05. 1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 12 of 14 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. 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. H:1LEG- DIR\OIgaR1Doyle \Park &Rec\Little Leagues105. 1014DC. Univers. alLittl .eLeague.Lease8.UseAgmt.5yr.doc Page 13 of 14 EXECUTED IN DUPLICATE ORIGINALS on the 3raday of l y r 1 , 2006. LESSEE: UNIVERSAL LITTLE LEAGUE By: 61.1, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on`V&,) 3 , 2006, by , President of Universal Little League, a Texas nonprofit association, on behalf o-fi the association. Notary ublic, State of Texas Printed Name: K C.Lk.k Seal: Expiration Date: 3) L i a.oc H'1 LEG- DIR \OlgaR\Doyb \Park&Rec \Little Leagues105.1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt.5yr.doc Page 14 of 14 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 17 October 2005 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES § George K. Noe City Manager 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;\ LEG- DIR\ Olga R \DoyleTark &ReclLittle Lea gues105.1014DC. Univers. alLittl .eLeague.Lease &.UseAgmt5yr.doc HORNE ROAD EXHIBIT A2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT WITH THE UNIVSERAL LITTLE LEAGUE 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 Youth Sports Complex Lease and Use Agreement between the City Of Corpus Christi, Texas and Universal Little League. 1. Lessee Services and Responsibilities. 1.1 Baseball. Youth baseball will be offered at various different skill levels. Lessee may also hold toumaments with dates to be determined in conference with Parks Director. Dates of the toumaments 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 baseball organization. Lessee may grant use rights for Lessee's Premises to nationally recognized baseball organization registered teams for practice. 1.2City 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 toumament play at any City baseball field at the rate schedule established by the Park and Recreation Fee Ordinance. These toumaments will be independent of any toumament 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, taking out and putting 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. H:\ LEG- DIR \OIgaR \Doyle \Park &Rec \Little Leagues\ 06. 0124DC. Univers .alLittl.eLeague.Exhibit.A2.doc d. Lessee must immediately report any vandalism to the Parks Director, or 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; 9• 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. 1.4Ragistration, 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. 1.5UdIities. 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 $8.00 /hr for night games. 1.6Field Plavability. 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. 1.9Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall take a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. H :1 LEG- DIR \OIgaR \Doyle \Park &ReclLittle Leagues106.0124DC. Univers .alLittl.eLeague.Exhibit.A2.doc 2. City Responsibilities. 2.1 Debt Service. City will pay bond debt for Premises. 2.2Maintenance. City will maintain the areas outside of the Premises determined by this lease. 2.3Capital Improvements. City will fund capital improvements determined by the City that are needed at its discretion. Contact Person. For the Lease, the City's contact person is the Parks Director. H:1 LEG- DIR \OIgaR \Doyle \Park &ReclLittle Leagues106.0124DC. Univers .alLittl.eLeague.Exhibit.A2.doc City of Corpus Christi Parks & Recreation Department City Hall - 1201 Leopard -St. P.O. Box 9277 78469 -9277 Corpus Christi, Texas 78401 CONTRACT Requirements: Bylaws /Constitution, and Membership and User Requirements; Hours and Terms of Operation; List of Officers ORGAN IZATI ON : � N S i l i 1 fl e \__,J21930e, DATE Oct 7, .a 605 A. Bylaws /Constitution et Certified copy of Lessee's Bylaws /Constitution -__()+ d Certified copy of Lessee's Schedule of Activities 'Th{'(\ . Iii'Jm`' of ( ertified copy of Lessee's Hours & Terms of Operation ( ertified copy of Lessee's Membership requirements & llser Fees . I ertifled, " means signed and dated by President) B. List of Officers a Current list of Officers and Board of Directors & terms of office (Name, Title, Address, and Phone number for each Officer) C. Secretary of State Letter from the Secretary of the State verifying the organizations `'Current Status" 1). Sanctioning Authority d letter form their Sanctioning Authority (o. c., Little League, Pop Warner) saying they are in good standing. Comments: UNIVERSAL LITTLE LEAGUE BY -LAWS ARTICLE I - NAME n /(9 /E5) �.aved I o/ 22/0 l This organization shall be known as the UNIVERSAL LITTLE LEAGUE hereinafter referred to as "Local League." ARTICLE II = OBJECTIVE SECTION 1 The objective of the Local League shall be to implant firmly in the children of the community the ideals of good sportsmanship, honesty,loyalty,courage and respect for authority,so that they may be well adjusted,stronger and happier children and will grow to be good,decent,heaIthy and trustworthy citizens. SECTION 2 Ta achieve this objective,the Local League will provide a super vised program under the RULES and REGULATIONS of LITTLE LEAGUE BA- SEBA:L,L,INCORPORATED._Ai1 Directors,Officers,and Members shall bear in mind that the attainment of exceptional athletic skill or the winning of games is secondary,and the molding of- future citizens is of prime importance. SECTION 3 in accordance with SECTION 501- (C) -(3) of the FEDERAL INTERNAL REVENUE CODE,the Local League shall operate exclusively as a non- profit educational organization providing a supervised program of competitve baseball and softball games.NQ part of the net earnings shall inure to the benefit of any private shareholder or indivi- dual;no substantial part of the activities of which is carrying on propaganda,or otherwise attempting to influence legislation,and which does not participate in or intervene in any political cam- paign on behalf of any candidate for public office. ARTICLE III- MEMBERSHIP SECTION i ELIGIBILITY.Any person sincerely interested in active partici- pation to futher the objective of this Local League may apply to become a Member. SECTION 2 CLASSES.There shall be the following classes of Members: (A)PLAYER MEMBERS.Any player candidate meeting the. requirements best interests of the Local League and /or Little League Base ball (B)The Member involved shall be notified at least 24 hours in advance of such meeting,informed of the general nature of the charges and given an opportunity to appear at the meet- ing to answer such charges.Any charges against any Member of any class,shall be made in writting to the President or the Vice- President within 48 hours of incident of misconduct. (C)The Board of Directors shall,in case of a Player Member,give notice to the manager of the team for which the player is a Player Member.Said manager shall appear,in the capacity of an adviser,with the player before the Board of Directors or a duly appointed committee of the Board of Direotors.The pia yer's parent(s) or legal quardian(s) may also be present.The Board of Directors shalt have full power to suspend or revo- ke such player's right to future participation by two /thirds vote of those present at any duly constituted meeting(quorum is required). ARTICLE IV -DUES FOR REGULAR MEMBERS SECTION 1 Dues for Regular Members may be fixed at such amounts as the Board of Directors shall determine for a particular year.(See Ar- ticle- XI,Se -ction 7 for the fiscal year of this league -.)if no duie -s for Regular Members are collected,Section 2 below does not apply. SECTION 2 Regular Members who fail to pay their fixed dues within 30 days of application to become a member may,by majority vote of the Board present at a Board meeting,be dropped from the rolis,and shall forfeit all rights and privileges of membership. ARTICLE V- GENERAL MEMBERSHIP MEETINGS SECTION 1 DEFIN ITION.A General Membership Meeting is any meeting of the membership of the league(including Special General Membership Meet ings,Section 7).A minimum of one per year(Annual Meeting ►see Sec- tion G)is required. SECTION 2 NOTICE OF MEETING.Notice of each General Membership Meeting shall be delivered personally,etectronically or by mail to each Member at the last recorded address at least 10 days in advance of the meeting, setting forth the plaee, time-, and- purpose of the meet - ing.ln lien of the above methods,notice may be given in such form as may be authorized by the Members,from time to time,at a regular convened General Membership Meeting. to of all Regular Members present such election meeting. SECTION 3 VACANCIES. If any vacancy occurs in the Board of Directors,by death,resignation or otherwise,it may be filled by a majority vote of the remaining Directors at any regular Board meeting or at any Special Board Meeting called for that purpose. SECTION 4 BOARD MEETING,NOTICE and QUORUM.Regular meetings of the Board of Directors shall be held immediately following the Annual Meeting and on such days thereafter as shall be determined by the Board. (A)The President or the Secretary may,whenever they deem it ad- visable,or the Secretary shall at the request in writing of 3 Directors,issue a call for a Special Board Meeting.In the case of Special Board Meetings,such notice shall include the purpose of the meeting and no matter not so stated may be act ed upon at the meeting. (B)Notice of each Board meeting shall be given by the Secretary to each Director either by telephone or by personal notice,at least 48 hours before the meeting. (C)A simple majority of the members of the Board of Directors shall constitute a quorum for the transaction of business. If a quorum is not present,no business shall be conducted. (D)Only members of the Board of Directors may make motions and vote at meetings of the Board of Directors.However,the Board of Directors may invite,admit and recognize guests for pre- sentations or comments during Board meeting. SECTION 5 DUTIgS AND POWERS.The Board of Directors shall have the power to appoint such standing and special committees as it shall determine appropriate and to delegate such powers to them as the Board shall deem advisable and which it may properly delegate. The Board may adopt such rules and regulations for the conduct r its meetings and the management of the Local League as it may deem proper,provided such rules and regulations do not conflict with this By -Laws. The Board shall have the power by two - thirds vote of those pre- sent at any regular or Special Board Meeting to disciline,suspend, or remove any Director or Officer or Committee Member of the Local League in accordance with the procedure set forth in Article III, Section 4(a,b). SECTION 6 RUL.ES of ORDERS for BOARD MEETING.Robert's Rules of Oder shall govern the proceeding of all Board of Directors mee- tings,except where same conflict with this By -Laws of the Local League. ARTICLE VII- DUTIES AND POWERS OF THE BOARD SECTION 1 APPOINTMENTS.The Board of Directors may appoint such other offi- cers or agents as it may deem necessary or desirable,and may pres- :ribe the powers and duties of each.Appointed officers or agents shall have no vote on actions taken by the Board of Directors un- less such individuals have been elected to the Board by the member ship or have been elected to fill a vacancy on the Board. SECTION 2 PRESIDENT.The President shall: (A)Conduct the affairs of the Local League and execute the poli- cies established by the Board of Directors. (B)Present a report of the condition of the Local League at the Annual Meeting. (C)Communicate to the Board of Directors such matters as deemed appropriate,and make such suggestions as may tend to promote the welfare of the Local League. (D)Be responsible for the conduct of the Local League in strict conformity to the policies,principles,RULES and REGULATIONS of LITTLE LEAGUE BASEBALL,INC.,as agreed to under the condi- tions of charter issued to the Local League by that organiza- tion (E)Designate in wilting other officers.if necessary,to have pow- er to make and execute for /and in the name of the Local Lea- gue such contracts and leases they may receive and which have prior approval of the Board. F)Investigate complaints,irregularities and conditions detrimen tal to the Local League and report thereon to the Board or Ex ecutive Committee as circumstances warrent. (G)Prepare and submit an annual budget to the Board of Directors and be responsible for the proper execution thereof. H)With the assistance of the Player Agent,examine the applica- tion and support proof -of -age documents of every player condi date and certify to residence and age eligibility before the player may be accepted for try -outs and selection.' SECTION 3 VICE-PRESIDENT.The Vice - President shall: (A)Perform the duties of the President in the absence or disabi- lity of the President,provided he /she is authorized by the President or Board so to act.When so acting,the Vice - Pesident shall have all the powers of that office. (B)Perform such duties as from time to time may be assigned by the Board of Directors or by the President. SECTION 4 SECRETARY.The Secretary shall: (A)Be reponsable for recording the activities of the Local Lea- transactions or selection meetings. t)Prepare the Player Agent's list. (E)Prepare for the President's signature and submission to Lit to League Headquarters,team rosters,including players claim - ed,and the tournament team eligibility affidavit. F)Notify Little League Headquarters of any subsequent player re pavement or trades SECTION 7 SAFETY OFFICER.The Safety Officer shall: (A)Be reponsible to create awareness,through education and infor oration of the opportunities to provide a safer environment for children and all participants of Little League Baseball. ,B)Develop and implement a plan for increasing safety of activi- ties,equipment and facilities through education,compliance and reporting. (')Define a process to assure that incidents are recorded,infor- mation is sent to league /district and national offices,and foliowup information on medical and other data is forwarded as available. SECTION 8 LEAGUE INFORMATION OFFICER.The League Information Officer shall: (A)Manage the league's official home page on myteam.com. (B)Manage the online registration process and ensure that league rosters are maintain on the site: (C)Assign administrative rights to league volunteers and teams; (D)Ensure that league news and scares are updated on a regular basis; E)Col;ect,post and distribute important information on League activities incuding direct dissemination of fund - raising and sponsor activities to Little League Basebail,district,public, league members and media; (F)Serve as primary contact person for Little League and myteam. com regarding optimizimg use of the Internet for league admi- nistration and for distributing information to league members and to Little League Baseball. SECTION 9 COACHING COORAINATOR,The coaching coordinator shall: (A)Repersent coaches /managers in the Local League; (B)Present a coach /manager training budget to the Board; (C)Gain the support and funds necessary to implement a league - wide training program; (D)Order and distribute training materials to players,coaches and managers; (E)Coordinate mini - clinics as necessary; (F)Serve as the contact person for Little League and its manager coach education program for the Local League. SECTION 10 FINANCE /FUND RAISER COMMITTEE.The Board of Directors shall ap- point a Finance /Fund Raiser Committee consisting of three (3) nor more than five (5) Directors and other appointed Regular Members. The Treasurer shah be a member of the Committee.The Committee shall investigate ways and means of financing the Local League in- eluding team sponsorships and submit recommendations to the Board -f Directors. SECTION 3 AUDITING COMMITTEE.The Board of Directors shall appoint an Audi- ting Committee consisting of three (3) Directors and other appoint ed Regular Members.The President,Treasurer or signatories of the Local League's checks are not eligible.The Committee shall review the Local League's books and records annually prior to the Annual Meeting and attach a statement of its finding to the annual finan- wial statement of the President and Treasurer;or may,if directed by the Board of Directors or Membership,secure the services of a Certified Public Accountant to accomplish such review. At the conclusion of each Fund Raising Project the Committee shall audit the books of the Fund Raiser Project.At the conclusion of the baseball season the Committee shall audit the Concession Stand books. SECTION 4 DISTRICT COMMITTEE.The Board of Directors shall appoint a Dis- trict Committee consisting of the Local League President as chair man and two (2) other Directors.The Committee shall assist the Dis trict Administrator in interleague district functions including the selection of members of the District Administrator's Advisory (:ommit•tee and the selection of tournament sites and area tourna- ment directors. ARTICLE X -OTHER COMMITTEES SECTION 1 The Board of Directors shall have the power to appoint such spe- cial committees as it shall deem necessary and to delegate such powers to them as the Board shall deem advisable and which it may properly delegate. SECTION 2 All Committees shall advise with and assit the Board of Director of the Local League in matters concerning its interests and manage ment of its affairs,but in no event will any Committee have autho- rity over the Board of Directors. ARTICLE XI- AFFILIATION SECTION i ment of Local League funds for other than the conduct of Little League activities in accordance with the rules,regulations and po- licies of Little League Baseball, Incorporated.Al1 disbursements shall be made by check.A11 checks shall be signed by the Local Lea gue Treasurer and such other officer or officers or person or per - sons as the Board of Directors shall determine. SECTION 5 COMP €NSATION.No Director,Officer or Member of the Local League shall receive,directiy or indirectly any salary,compensation or emolument from the Local League for services rendered as Director, Officer or Member. SECTION 6 DEPOSITS.A11 moneys received,including Auxiliary Funds,shall be deposited to the credit of the Local League in /at NUECES NATIONAL BANK, 1434 So.Port Ave.,Corpus Christi,Texas. SECTION 7 FISCAL YEAR.The fiscal year of the Local League shall begin on October 1 and shall end on September 30. SECTION 8 DISRLBUTION OF PROPERTY UPON DISSOLUTION.Upon dissolution of the Local League and after all outstanding debts and claims have been satisfied,the Members shall direct the remaining property of the Local League to another Federally Incorporated entity which main- tains the same objectives as set forth in Article II of this By- Laws,which are or may be entitled to exemption under Section 501 - (c) -(3) of the Internal Revenue Code or any future corresponding provision. ARTICLE XI11- AMENDMENTS This By -Laws may be amended,repeal,or altered in whole. or in part by a two - thirds vote at any duly organized meeting of the Members provided notice of the proposed change is included in the notice of such meeting. Draft of all proposed amendments shall be submitted to Little League Baseball Incorporated,for approval before implementation. t 1101 L. LJ `I `ILL L'Ly1 41,-) i,ri'e'Urt and ;t, r or pus 1Trr.tlr 'h'VL-f .)JJh 1 AJJ -4 t' 7961 WO. WiW i l,.Jp.J AiJ W.) 2v I lV )LV};A %b); Jl�.ilw 11Y IlvJdJi�lA:llJ�rJL�Jd JY�17F. iLV ilVJly �IYih1l1+J1A.11bi2�.il`12�J7.ti1 J 7l.�JDYIBVJlvI i1-11► Ile r 1 rr• uilesh S. Patel City of Corpus Christi Parks & Recreation Dept. 1201 Leopard St. Corpus Christi, Texas 78401 From: f'1oses Leyba Jr. President, Board of Director Universal Little League Subject: universal I_,ittle 1,eague Schedule of Activities File following is the schedule of activities of the Universal Little League during the Fiscal Year which runs from October three September. .1anuary April Registration of the League's players. Sponsorship Drive for teams ipril — July Spring Season 16 games `all teams plan 1 } =.'e^1:daJ N- 1 Sgt,e'r1 i game during July All - Stars and State Tournament games are played_ kugust Preparation for Fall season Sept.- Nov. sincerely. Fall Season 10 game season 1 game per week usually on Saturday. A'loses Leyba Jr. President, Board of Directors l j niversai Little League L��' T z '� r1 r �,-r r r ,t e � � �:� 1rr- ��1`� , , L,Ji «_.�L,�,,iy., -fl • ) ■ /LT,/(4 001 i >, 01/12/s ! Ytrrsti, le.A.as ; A4I0 ,.w!h1J}IJLYJh ILY JLY /yY)yYl]VI hl7YJilYJ hJIAIJLYJIYI/Y JLY ilYJl?.l�Y�}LYJhJLwJLwIhILw JLYJN JWJWI hIl 'iW17YJIYlJYl1YJlY lYA.1l�+JlYJLY`�tFiJY�J t Ile tither ittiA t ∎: Nilesh S. Patel City of Corpus Christi Parks & Recreation Dept. r 1291 Leopard St. Corpus Christi, Texas 78401 From: .Muses i eyha .Jr, President, Board of Directory Universal Little 1,eague Subject: Universal Little League Clonnrs &Terms of Operation Membership Requirements & User Fees Hours (*Terms of Operation During Registration of players the League is open for registration Monday thru Thursday frfem 6:30 pm to 8:91) pm. And on Saturday from 1:30 pin to 3 :30 pm. During Spring Season games the League is open during the weekday game from 5:30 pm to 1!) :90 pm. On Saturday games frnm 9 :30 am to 5i00 pm r,... During the Fail Season games it is open from 10 :30 am to 4:30 pm. During the off- season the League is open as needed for Board Meeting and maintance of the ! eagtte grnaenrlc. Membership Requirements & User Fees As per Little League Regulation all player must live within the League boundaries as defined bv 1.ittle League Baseball Inc. Ali parents that have a child registered to play with the League are consider as Regular !embers of the League, with voting rights. Ali player are consider Player Members, with no voting rights. Player Members are assigned to different divisions according to age. 1` -Ball Division 5 & t, year old Coach Pitch Division 7 & 8 year o_! €! \iinor Division Major Division 9& 10 year old I l & l2 year old. Regular Members do not pay a fee. Player Members pay a Registration Fee of $30. .%s per Little League Baseball inc. regulation, no child that cannot pay the registration fee is denied the right to play. Sincerely, Moses Leyba J President, Board of Directors 1 ? niversal Little League V s IVERSAL LITTLE LEAgVE 4035 Greenwood Dr Corpus Christi, Taws 78416 (361) 855 -4272 IMONIX11010905010101010.109010SOSOSOSMOSOSOS0116390SeliMOSOSMOSOW11011011011010SOWS010110105010 October 7. 2005 To: Nilesh S. Patel City of Corpus Christi Parks & Recreation Dept. 1201 Leopard St. Corpus Christi, Texas 78401 From: Moses Leyba Jr. President, Board of Directors Universal Little League Subject: 2005 -2006 Board of Directors The Universal Little League Board of Directors is made up of 10 members. At the present time the Board has 8 members. As soon as the Board fills it's vacancies an updated list will be submitted. Sincerely, Moses Leyba Jr. President, Board of Directors Universal Little League pq sr UNIVERSAL LITTLE LEAGUE 2005 -2006 BOARD OF DIRECTORS President Moses Leyba Jr. 4254 Archdale Dr. C.C. Tx., 78416 361- 854 -1397 mleybajr @stx.rr.com Vice - President Treasurer Secretary Player Agent Safety Officer Hilda Sosa Nellie Herrera Pedro Quiroz Sr. 3740 MacLeod C.C. Tx., 78404 361- 887 -9025 5933 Rio Grande C.C. Tx., 78417 361 - 334 -5402 4733 Molina Dr. C.C. Tx., 78416 361 - 854 -2516 quirozpr @aol.com Aucencio Gonzalez Jr. 918 Lolita C.C. Tx., 78416 361- 442 -5239 Cindy Juarez 2305 Joyce Dr. #101 C.C. Tx., 78417 361- 334 -5402 Lucy Leyba 4254 Archdale Dr. C.C. Tx., 78416 361 -854 -1397 Lino Juarez 2305 Joyce Dr. #101 C.C. Tx., 78417 361 - 334 -5402 COMPTROLLER OF PUBLIC ACCOUNTS P.O. BOX 13528 ,) AUSTIN, TX 78711 -3528 March 14, 2005 Mr. Moses Leyba Universal Little League Incorporated 4524 Archdale Corpus Christi, Texas 78416 Dear Mr. Leyba: Effective June 27, 1985, Universal Little League Incorporated is exempt from Texas franchise.. tax and sales and use tax as a 501(c)(3) group organization. The exemption does not extend to hotel occupancy tax. We have assigned Texas taxpayer n inbeaal 4i8236172`to the organization. Please reference this number in correspondence with us. The assignment of the taxpayer number does not mean the organization is permitted to collect or remit Texas taxes. Exempt organizations must collect taxes on most of their sales. Please give our Tax Assistance section a call at 1- 800 - 252 -5555 if you need a sales tax permit. The sales tax exemption extends to goods and services purchased for use by your organization. The exemption does not apply if the purchase is for the personal benefit of an individual or . private party, or is not related to the organization's exempt purpose. For more information, please see our publication # 96 -122, Exempt Organizations — Sales and Purchases. The enclosed exemption certificate can be issued instead of paying tax when buying taxable items related to the exempt purpose of the organization. Make as many copies of the exemption certificate as you need. The exemption certificate does not need a taxpayer number to be valid, but you may provide your taxpayer number if the seller requests it. Changes to the organization's registered agent and registered office address must be filed with the Texas Secretary of State. The changes can be made online at http: / /www.sos. state .tx.us /corp /sosda/index.shtml or you can download the forms and instructions from http: / /www.sos. state .tx.us /corp /nonprofit.shtml. You can also contact them at corpinfo@sos.state.tx.us or by calling (512) 463 -5582. It is important to maintain current reered agent information, because this is how we will contact you if we have reason to believe that your organization no longer qualifies for exemption. Our goal is to provide you with prompt, professional service. Please take a moment to complete the enclosed survey. If it is more convenient, you may complete our on -line survey at http: / /aixtcp. cpa.state.tx.us /surveys/tpsury /. If you have any questions, write to us at exempt.orgs@cpa.state.tx.us, or call us toll -free at 1 -800- 531 -5441, extension 3 -4689. Also, our publications and other helpful information are online at http: / /www.window.state.tx.us /taxinfo /exempt. Page 1 of 2 Leyba, Moses From: Mike Witherwax [mwitherwax @littleleague.org) Sent: Tuesday, September 27, 2005 10:40 AM To: Quirozpr @aol.com Subject: Fw: Letter sent to Mrs. Bassett Attachments: Tournament Enrollment Form.pdf Moses Leyba This is the reply from Becky in Williamsport. You need to send her the leagues EIN Number (it is the number from the IRS that is on your leagues checking account). That will getthe IRS letter. As for my letter in good standing you need to get the attached Tournament Enrollment form filled out with what you had in tournament in 2005 and have the President and Player Agent sign it to comply with the background check requirement. Once I recieve that to send to Headquarters I will get the letter out. Mike Original Message From: Becky Bassett To: Mike Witherwax Sent: Tuesday, September 27, 2005 9:24 AM Subject: RE: Letter sent to Mrs. Bassett Probably all they need is the 501(c)(3) confirmation letter from me along with the 3 -page Letter of Determination from the IRS that I can issue as soon as they provide me with their federal Employer Identification Number (E.I.N.) issued to their league by the IRS. I can send the confirmation letters directly to the league or to your office, whichever they /you prefer. This league is in good standing for the 2005 season all except for not sending in a tournament enrollment form with the signatures that they completed background checks. I've attached a form for that purpose which is a requirement whether or not they participated in tournament. This league will be placed on 2006 Noncompliance Hold until the proper signatures are received. Please have them e-mail their E.I.N. and I can issue the confirmation letter since that is a separate issue from the noncompliance matter. If they have any questions. let me know Thanks. Becky Bassett Operations Coordinator Little League International 539 U.S. Route 15 Highway P.O. Box 3485 Williamsport PA 17701 -0485 570- 326 -1921 Ext. 228 Fax: 570 - 322 -2376 bbassettf 1.littieleapue.org Original Message From: Mike Witherwax [ mailto :mwitherwax @littleleague.org] Sent: Tuesday, September 27, 2005 10:09 AM To: Becky Bassett Subject: Fw: Letter sent to Mrs. Bassett Becky Universal Little League (3432312) is requesting a letter for their use with the City of Corpus Christi stating their in good standing with Little League. I can write the letter and will do so if you confirm that they are in good standing. Also, they need a copy of the group IRS 501c3 letter. They tell me they are part of the group. Let me know if that is true. If it is send me the letter so I can include it with the other letter. o/1Q;1nnc Page 1 of 2 Leyba, Moses From: Mike Witherwax [mwitherwax @Iittleleague.org] Sent: Tuesday, September 27, 2005 10:40 AM To: Ouirozpr @aol.com Subject: Fw: Letter sent to Mrs. Bassett Attachments: Tournament Enrollment Form.pdf Moses Leyba This is the reply from Becky in Williamsport. You need to send her the leagues EIN Number (it is the number from the IRS that is on your leagues checking account). That will getthe IRS letter. As for my letter in good standing you need to get the attached Tournament Enrollment form filled out with what you had in tournament in 2005 and have the President and Player Agent sign it to comply with the background check requirement. Once I recieve that to send to Headquarters I will get the letter out. Mike Original Message - - -- From: Becky Bassett To: Mike Witherwax Sent: Tuesday, September 27, 2005 9:24 AM Subject: RE: Letter sent to Mrs. Bassett Probably all they need is the 501(c)(3) confirmation letter from me along with the 3 -page Letter of Determination from the IRS that I can issue as soon as they provide me with their federal Employer Identification Number (E.I.N.) issued to their league by the IRS. I can send the confirmation letters directly to the league or to your office, whichever they /you prefer. This league is in good standing for the 2005 season all except for not sending in a tournament enrollment form with the signatures that they completed background checks. I've attached a form for that purpose which is a requirement whether or not they participated in tournament. This league will be placed on 2006 Noncompliance Hold until the proper signatures are received. Please have them e-mail their E.I.N. and I can issue the confirmation letter since that is a separate issue from the noncompliance matter. If they have any questions, let me know, Thanks, Becky Bassett Operations Coordinator Little League International 539 U.S. Route 15 Highway P.O. Box 3485 Williamsport PA 17701 -0485 570 - 326 -1921 Ext. 228 Fax: 570 - 322 -2376 bbassettelittieleague.org Original Message From: Mike Witherwax [ mailto :mwitherwax @littleleague.org] Sent: Tuesday, September 27, 2005 10:09 AM To: Becky Bassett Subject: Fw: Letter sent to Mrs. Bassett Becky Universal Little League (3432312) is requesting a letter for their use with the City of Corpus Christi stating their in good standing with Little League. I can write the letter and will do so if you confirm that they are in good standing. Also, they need a copy of the group IRS 501c3 letter. They tell me they are part of the group. Let me know if that is true. If it is send me the letter so I can include it with the other letter. 9/28/2005 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. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non payment of premium is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 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 $1,000,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT 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) day of any 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 30 -day written notice of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premium is required. 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.B. (1) -(7) are included or excluded. 2006 Universal Little League ins, req. 1 -12 -06 ep Risk Management