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026778 ORD - 05/16/2006
Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE -YEAR LEASE AND USE AGREEMENT WITH SPARKLING CITY GIRLS FASTPITCH 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 Sparkling City Girls Fastpitch 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 I L {' day of 2006. ATTEST: Armando Chapa City Secretary APPROVED: May 3, 2006 oyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H'. LEG- DIR',OIgaR\ Doyle\ Ordinance106. 0503DC .Sparklmq.CityGirt.sFastpit ch5v1 Ord.doc CITY OF CORPUS CHRISTI enry Gar ett Mayor YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND SPARKLING CITY GIRLS FASTPITCH 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 Sparkling City Girls Fastpitch ( "Lessee "), a Texas nonprofit association, Corpus Christi, Texas, operating for the purpose of providing 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 SPARKLING CITY GIRLS FASTPITCH, 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 Youth Sports Complex designated as shown on the attached drawing, Exhibit Al, together with all improvements. H:\ LEG- DIR\OIgaR\ Doyle \Park &RectLittle Leagues105. 1014DC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 2 of 14 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 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 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 rty. Section 1 contains termination provisions for default. This Lease begins on the day of , 2006 (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. H:1 LEG- DIR10IgaR\DoyleVPark &Rec1Little Leagues105 1014DC. Sparkli. ngCityGJ rlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 3 of 14 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 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. 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 HALEG- DIR1OlgaRlDoyle1Park$ReclLittle Leagues1 05. 1014DC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 4 of 14 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 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. H: 1LEG- DIRlolgaR \Doyle\Park &Rec\Little Leagues105. 101aDC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 5 of 14 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. 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. H:1 LEG- D1R1OlgaRl Doyle Tark&Reclittle Leaguest05. 1014DC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 6 of 14 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. 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. H: \LEG- DIR1OigaR \ Doyle lPark &Rec \Little Leagues105. 101aDC. Sparkli. ngCityG. IrlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 7 of 14 b. All personal property and trade fixtures fumished 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) 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; H:1LEG- DIR1 Olga RlDoylel park &ReclLittle Leagues105 1014DC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 8 of 14 (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 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. H:1 LEG- DIR1 olgaR1 Doylelpark &ReclLittle Leagues105.101 4DC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 9 of 14 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 Ha LEG- DIRlolgaRl DoylelPark &ReclLittle Leagues105. 1014DC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 10 of 14 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 Parks and Recreation Dept. P.O. Box 9277 Corpus Christi, TX 78469 -9277 Attn: Director of Parks & Recreation (361) 880 -3464 Sparkling City Girls Fastpitch ATTN: League President 3901 Greenwood Corpus Christi, TX 78416 (361) 225 -4277 HA LEG- DIR101gaR1Doyle\Park &ReclLittle Leagues105 1014DC. Sparkli. ngCityG. irlsFas .tpkch.Lease &.UseAgmt.5yrs.doc 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) 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 H:1 LEG- DIRIOIgaRlDOyle1Park &ReclLittle Leagues105. 101aDC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc Page 12 of 14 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:1 LEG- DIR\OIgaR\Doyle \Park &ReclLittle Leagues \ 05. 1014DC. Sparkli. ngCityG. irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc EXECUTED IN DUPLICATE ORIGINALS on th day of LESSEE: SPARKLING CITY GIRLS FASTPITCH By ,o4,W( President STATE OF TEXAS COUNTY OF NUECES Aliandfo § " ;; it REBA N. GEORGE Notary Public, State of Texas y` i . My Commiaalon Expires February 27, 2010 Page 13 of 14 , 2006. This instrument was acknowledged before me on April 2. to 2006, by Lisa 3a-U yid o , President of Sparkling City Girls Fastpitch, a Texas nonprofit association, on behalf of the association. Notary Public, State of exas Printed Name: R.e.0.. N. C7eorqE. Seal: Expiration Date: 2/7.7/ !v H:I LEG- DIR1OIgaRIDoyle \Park &ReclLittle Leagues 105. 1014DC. Sparkli. ngCityG. irlsFas .tpitch.Lease&.UseAgmt.5yrs.doc ATTEST: Armando Chapa City Secretary APPROVED 17 October 2005 Doyle. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS § § COUNTY OF NUECES § Page 14 of 14 CITY QiF CORPUS CHRISTI G &dge K. City Manager AU i MUKtcu Pia aauncIL ...._.. s ARYSEMET ((. This instrument was acknowledged before me on L , 2006, by George K. Noe, City Manager of the City of Corpus Christi, Texas home -rule Municipal Corporation ,pn behalf of the corporation. +t Notary Public, State of Texas Printed Name: Seal: Expiration Date: Ake Pliet Connie Parks n My Commission Expires 144 P November 09, 2007 1 H :1 LEG- DIR1OIgaR \DoylelPark&Rec \Litte Leagues105.1014DC.Sparkli. ngCityG.irlsFas .tpitch.Lease &.UseAgmt.5yrs.doc EXHIBIT A2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT WITH THE SPARKLING CITY GIRLS FASTPITCH 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 Sparkling City Girls Fastpitch. 1. Lessee Services and Responsibilities. 1.1 Baseball. Youth baseball 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 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 tournament 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:1 LEG- DIR\OIgaR \Doyle \Park &ReclLittle Leagues106.0124DC. Sparkli. ngCityG .irlsFas.tpitchEx.hibitA2..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; 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 1.4Reoistration, 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. 1.5Ut cities. 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. 1.6Fi•Id 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\OIgaRIDoyle \Park&Rec \Little Leagues106.0124DC. Sparkli. ngCityG .irlsFas.tpitchEx.hibitA2..doc 2. City Responsibilities. 2.1 D.bt 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:\ LEG- DIR \OIgaR \Doyle \Park &ReclLittle Leaguesl06.0124DC. Sparkli. ngCityG .irlsFas.tpitchEx.hibitA2..doc SPARKLING CITY GIRLS FASTPITCH LEAGUE CONSTITUTION, BY -LAWS, AND REGULATIONS (Revised on March 5, 2005) SECTION I CONSTITUTION ARTICLE I The name of this organization shall be the Sparkling City Girls Fastpitch League and will be known as SCGFL for all purposes hereafter enumerated. It shall be a non - profit organization. ARTICLE II SCGFL shall teach good sportsmanship, educate youth participants, and adult sponsors in the fundamentals of the game of softball, promote the game of softball through sponsorship of regularly scheduled softball competition, and conduct such other educational activities that shall be deemed appropriate to the promotion of girl's softball. ARTICLE III SCGFL shall control and represent all members that choose to register with the league. Individuals or teams from outside Corpus Christi city limits. ARTICLE IV SCGFL shall be affiliated with and subject to the authority of the Amateur Softball Association (ASA), and Protect Our Nations Youth (PONY). ARTICLE V Membership in the SCGFL shall be on a seasonal basis and will consist of the following: A Registered participants Those individuals who have paid the registration fee and properly completed all forms set by the Board of Directors of SCGF L. Parents or guardians of registered participants. Managers, coaches, assistant coaches, members of the Board of Directors, and other duly appointed officials of the SCGFL. ARTICLE VI SCGFL shall be directed by a Board of Directors, (herein referred to as the Board). The Board shall consist of the following elected officials. President, Vice President, Secretary, Treasiirer, and Player Agent elected for a_ _two year staggered -term commencing November f . (The President, Treasurer, and Player Agent will be elected for two year terms on even numbered years and the Secretary and Vice- President shall be elected on for two year terms on odd numbered years.) *These elected officers shall be elpted by the Members from categories B, and C of Article V. Each candidate shall o t c#ally file for office and be placed on an official nominating slate for election. 1 The Board shall include the following appointed and approved directors: Ways and Means Director, Statistic Director, Umpire Director, Umpire Fund Director, Equipment Director, Assistant Equipment Director, Publicity Director, Palomino Division Director, Colt Division Director, Pony Division Director, Bronco Division Director, Mustang Division Director, Pinto Division Director, and Shetland Division Director. After approval by the Board the above mentioned directors will become voting members of the Board. The Manager /Coach Representative will be elected by the Managers and will be a voting member of the Board. In the event of a vacancy of the Board, the remaining Board Members may appoint a successor by a quorum vote of the Board. ARTICLE VII The seasonal year for the SCGFL shall be November 1 through October 31. This is to allow for postseason games and tournaments as established by the Board. ARTICLE VIII The annual meeting of the SCGFL shall be held each year, as set by the Board, preferably at the beginning of the regular season. A minimum of one weeks prior notice shall be given. The order of business shall be as follows: A. Meeting is Called to Order B. Reading of Minutes of Last Meeting C Unfinished Business D. Report of Officers, Directors, and Committees E. Election of Officers F. New Business G. Adjournment All meetings of all the voting members may called at any time by the Board. All meetings of the SCGFL shall be conducted in accordance with the latest edition Robert's Rules of Order. ARTICLE IX Amendments, to the Constitution, By -Laws, or Rules and Regulations of the SCGFL should be made by the Board prior to try -outs. A quorum vote of the Board will be sufficient to approve changes. Any proposal to amend the Constitution, By -Laws, or Rules and Regulations must be made in writing_ to the Secretary, and. - submitted to -the- Board for review. A vote will take place to determine the outcome of all proposals. All League Rules are set forth in the best interest of the SCGFL. The Board reserves the right to amend the Constitution, By -Laws, and all Rules and Regulations. 2 ARTICLE X All expenditures by the SCGFL will be approved by the Board prior to obligating SCGFL. The Board will manage the SCGFL funds in a responsible manner. The Board, when possible, will operate within a balanced budget, and will not approve any purchases in excess of funds available in the SCGFL treasury. All major expenditures for items, such, as equipment. uniforms, insurance, and travel expenses, will be approved by the Board. SCGFL shall establish credit with appropriate merchants for the purpose of purchasing needed materials (building repairs, field dust, etc.). SCGFL shall insure that all expenses are completed with a sales receipt to be signed by two board members. Any purchases exceeding the agreed pre - determined amount shall have the approval the President, Vice- President, or Treasurer. Any purchases made for SCGFL that are not regularly purchased items normal to the execution of the softball season, i.e.. bats, balls, batting, helmets, etc., will require prior approval by the Board. Types of purchases may be office equipment, software, computers, copy machines, communication equipment, etc. Any purchases of this type would require Board approval by majority vote of the SCGFL Board Members. All such purchases will be the property of SCGFL. ARTICLE XI In the event the SCGFL is dissolved or ceases to function, the assets and properties of the association shall be liquidated to resolve any and all financial obligations and disputes. If a succeeding softball league chooses to assume the financial obligations of the dissolving league, in order obtain the current assets, it may do so with a unanimous vote of the existing Board Members. An agreement will be drafted that in which the succeeding league acknowledges the assumption of fiscal responsibility and releasing current members of any and all financial disputes. If no obligations or disputes exist at the time of dissolution, the assets and properties, when possible, should be transferred to any succeeding girls softball league. ARTICLE XII SCGFL will secure insurance for the Board of Directors and registered players. Insurance for players shall meet the requirements as determined by PONY and ASA. SCGFL shall not be responsible for any deductibles incurred. Insurance coverage is in effect from date of tryouts until participation in league_ activities ceases.___ SECTION II BY LAWS ARTICLE I The President of SCGFL shall have the following responsibilities: A. Preside at all general meetings of the league. B. Preside at all meetings of the Board of Directors. ( °. Appoint delegates to any softball association or league meetings. D. Submit an annual report in writing at the SCGFL annual meeting. F.. Be responsible for and coordinate the activities of all members of the Board and appoint special committees when necessary. F. Keep informed of all activities within the SCGFL. G. Have an independent audit done of all financial records once a year. Members to be present are the President, Treasurer, and Equipment Director H. Compile and distribute current season's calendar of events, including scheduled league activities, deadlines, tournament dates, etc. ARTICLE II The Vice President of the SCGFL shall have the following responsibilities: A. Succeed to the powers of the President in his or her absence. B.. Keep informed of activities of the league with the Player Agent. C'. Prepare game schedules for the playing season and modify as necessary due to rainouts, etc. Register teams for PONY /ASA affiliation/ tournament play. Provide game schedules and changes to umpires /division directors ARTICLE III The Secretary of the SCGFL shall have the following responsibilities: A. Record the minutes of all general meetings and Board meetings. B. Set up a secretarial pool for typing of SCGFL literature or correspondence as necessary. ARTICLE IV The Treasurer shall have the following responsibilities: A. Be responsible for all banking deposits and withdrawls. B. Maintain accurate accounting of all funds received and disbursed. Be prepared to submit a financial report at all Board meetings ( . Prepare a written financial statement for the annual meeting. D. Coordinate with the Player Agent the collection of registration fees and issuance of receipts sign -up. Acquire registration sites, provide materials, etc. 4 ARTICLE V The Player Agent shall have the following responsibilities: A. Record all player transactions and maintain an accurate and up -to -date record thereof. Receive and review applications for player candidates and check player age eligibility. Schedule and coordinate the player registration, try outs, and draft. Maintain player pools per division after draft. Assignments of players will be conducted on a weekly basis. Conduct all player transactions or pool selections after draft and throughout season. Prepare player agent's list Prepare team rosters and acquire team information from directors as needed. B. E. ARTICLE VI The Insurance Director shall have the following responsibilities: A. Entails being in charge of the league's insurance, to include procuring the insurance and being the contact person. B. File all insurance claims on the behalf of the league. ARTICLE VII The Ways and Means Director shall have the following responsibilities: A. Direct committee activities to solicit and acquire sponsors for all teams. R Direct all fund raising activities through committee chairperson/team mothers. Direct committee for painting of sponsorship field signs. ARTICLE VIII The Equipment Director shall have the responsibilities: A. Issue and maintain an inventory of all equipment. B. Requisition equipment and uniform shirts through sealed bids approved by the Board. ( Collect, inventory, and report on equipment to the Board at the end of the season. D. Secure and schedule the use of sufficient neighborhood practice areas for the league. E Provide game balls as required. ARTICLE IX The Assistant Equipment Director shall have the responsibilities: A Entails being in charge of guidelines and issuance of pitching machine usage, care, etc. B Organize Picture Day for team players, etc. C Assist Equipment Director when needed. ARTICLE X The Division Directors shall have the following responsibilities; A. Assist the Player Agent during registration of players B. Coordinate, as directed by the Player Agent, tryouts and draft. C. Direct information of teams within assigned division. D. Assist Equipment Director to distribute and or collect league equipment, uniforms, schedules, etc. to each team in an assigned division. E. Assist the Ways and Means Director by coordinating team mother for distribution and collecting fund raising materials to team in an assigned division. F Assist Publicity Director in maintaining win/loss records for publication within assigned division. G. Assist as game directors as assigned by President. ARTICLE XI The Publicity Director shall have the following responsibilities: 4. Publicize league activities as needed. B. Contact public school officials to acquire use of practice fields for the league. ARTICLE XII The Manager Representative shall have the following responsibilities: A. Represent managers /coaches at regularly scheduled meetings. B. Maintain communication with managers and relay any and all necessary information to the Board. Schedule and coordinate coaching clinics as needed. D. Schedule tournament events for league. E. Deliver schedule to Board members, division directors, etc., to communicate to all teams. F . Work with the equipment director for needed equipment, trophies, and or ribbons for awards for season/tournaments. ARTICLE XIII The Umpire Coordinator shall have the following responsibilities: A. Evaluate umpires through out the season and tournament play. B. Compile a list of eligible umpires for Board approval. ('. Administer Board approved guidelines, regulations, etc. D, Maintain communication with Managers and Umpire Association and transfer such findings to the Board. ARTICLE XIV The umpire Fund Director shall have the following responsibilities: A. Responsible for obtaining umpire payroll vouchers. B. Compile and submit payment summary to the Treasurer. 6 ARTICLE XV The Statistic Director shall have the following responsibilities: A. Maintain and post standing and game results of each game in divisions. B. Submit standings to new media weekly for publication. ARTICLE XVI Committee Chairpersons: The committee chairpersons shall be appointed by the President with the approval of the Board to perform duties as needed for the well being of the league. Chairpersons of such committees are recognized as non- voting members to the Board. Such committee chairpersons will include, but are not limited to the following. Fundraising Chairperson shall have the following responsibilities: Work with the Ways and Means Director during activities relating to fundraising events. Coordinate team mothers, distribute materials, and collect funds acquired through fundraising events. ARTICLE XVII The President, Vice President Secretary, Treasure, and Player Agent shall constitute an Emergency Committee on matters demanding immediate attention where it is impossible to call a meeting of the full members of the Board. ARTICLE XVIII The Board shall transact all business of the SCGFL, and shall have the power to enforce the Constitution, By Laws, and Rules and Regulations of the SCGFL. It shall have the power settle and mediate all disputes, appeals or protests that may arise. Meetings are to be scheduled by the President. ARTICLE XIX The address of the SCGFL shall be a permanent P.O. Box number. P.O. Box 7535, Corpus Christi, TX 78416. ARTICLE XX The Board shall have the power to set up rules governing regular season, post season, and special events. This shall include the power to interpret or expand the rules as necessary, to secure an orderly season. This shall also include the power to set registration fees. The Board shall set policies regarding practices for the season, post season, and tournament play. ARTICLE -XXI Nine members of the Board shall constitute a quorum at any meeting of the Board. A majority vote shall be sufficient to decide all questions put to a vote. 7 ARTICLE XXII A complete equipment inventory and financial report must be submitted to the Board and may be subject to an audit. All equipment must be collected and stored at the end of the playing season and or tournaments ARTICLE XXIII Team Participation Guidelines: Out of Town Teams: a. Must be an ASA/PONY /TAAF chartered and insured team. b. Must meet age divisions established by SCGFL. c. Must meet league uniform requirements. d. Pay officials' fee per scheduled game and supply one game ball for each home game. e. Teams from areas outside the Corpus Christi, which do not violate any established boundaries, and that do not have a girl's softball league may join SCGFL, if approved by the majority of the Board. 8 Sparkling City Girls Fast Pitch League Annual Calendar January - March • New Season and monthly board meetings • Inspection of complex with improvements to follow • Re- acquisition of league charter and insurance • Bid submission to PONY for post- season tournaments • Spring Registration • Winter Tournament March - May • Opening ceremonies and commencement of spring season (10 to 14 game season) • Fundraisers • Spring tournament • Closing ceremonies /All Star selection process • Monthly board meetings May - August • Preparation for post -season PONY /ASA tournaments, if awarded • All star team practice • Summer tournament • Fall registration • Monthly board meetings August -- December • Fall registration ( continued) • Bid submission to ASA for post -season tournaments • Commencement of fall season • Fall tournament • Conclusion of fall season • Monthly board meetings Sparkling City Girls Fast Pitch League Hours and Terms of Operation Spring Season Wednesday games are scheduled from 6 PM to 8 PM Saturday games are scheduled from 8 AM to 8 PM Fall Season Saturday games are scheduled from 8 AM to 8 PM Scheduled practice times are assigned in order to avoid any confrontation. Weekday practice times 5 PM to 9 PM when school is in session 8 AM to 8 PM when school is not in session Weekend practice times Saturday 8 AM to 8 PM NO CARBON PAPER REQUIRED -- 1 YPEWRITE OR PRINT HEAVILY WITH BALL POINT PEN Annual Membership Application for MGM ®11?EAIIa Previous year's contact for renewal leagues: S= R` {•LI G CITY GIPLS SOFTPALL LISA CALLARDO A73' MORA.7IA'. DR. CORPUS C?-?RISTI, TX 784i f3 Headquarters use only. USE A SEPARATE FORM FOR EACH LEAGUE. Please do not combine teams from different leagues on one application. Keep the last copy of each application. Return all other copies and membership fees by APRIL 15 to: PONY GIRLS SOFTBALL, INC., P.O. BOX 225, WASHINGTON, PA 15301 -0225 IF RECBPT OF NM MEMBERSHIP APPUCATION HAS NOT BEEN ACIUIOMREDGED WITHIN 15 DAYS AFTER MAIUNG, PLEASE NOTIFY THE HEADQUARTERS STAFF. 1 This application is for Shetland SO NO lei and ender Check either fast or slow and then age group. le League ❑ Travel ❑ Fast Pitch 1:PSIow Pitch Pinto Softball ❑ 8 and under Mustang Softball D 10 and under Bronco Softball 012 and under Pony Softball ❑ 14 and under Coll Softball ❑ 16 and under Palomino Softball 0 18 and under 2 Name of League or Travel Team Of travel team, skip question +r8) S 2 A ? i.{ L I NG C I T " G : P . ' _ , S S O F'I LL Renewal _X 3 Number of teams in league _ _ Amount of lees enclosea $ 5 0 . Oft Population within league boundaries 3 c 0 K 4 League is in: State - F.,XAS County!a:EC ES City or Township CORPUS C : R I S" 5 List company with which league now has or will have accident insurance: G AGL I AR D I INS . SERVICE I NC . List company with which league now has or will have liability insurance: GAG L I A P D I INS. SE . °.'l ICE I NC . 6 Local Newspaper C LLER " :1err'S ____ 7 Will the League participate in tournament ptay? Yes v, No Team_?_ Two Teams many teams? _ 8 List names of teams in league on the back of this page (after completing front). 9 Do these teams play an intertoc king schedule with another PONY Girls Softball program? YES NO X It yes. what league do they interlock with? 1 OE All correspondence from PONY will be sent to the person designated as League Contact. The League President should be listed as League Contact or Second Contact. Please use the . -Supplemental Mailing List" form provided by PONY to list the names and addresses of other league officers. directors, managers and coaches so that they may receive — without charge — the PONY Express newsletter. Where needed, you may make your own, or request additional copies of the "Supplemental Mailing List" form from PONY. LEAGUE CONTACT LISA GALLAPDO /734 MORAVIA *1 DR. SECOND CONTACT Name( CORPUS CHRIS TEXAS 78415 (S :reek Address) Son tie Code, 36? -u3 -0612 361 -688 -5173 — - -- — - - - - - -- Area Code - Home Phew (Area Code - eusiress Phone) IE -Meal 1 UDY ACUNA 714 MORAVIAN DR. Na'(e, CORPUS CNE IS ; I, TEXAS 78415 C' State 2,p Code, 361 -853- 0612 361 - 774 -0884 Area Code - Home Phone.. (Area Code - Buse.ess Phones 11 Please list the name and telephone number )f your concession operator Name _DE,EPA ARSUACA (Slime( Az&ess) (E Mast Telephone # 361 -292 -3570 , 361-510-2;577 We hereby agree the Above named league win comply with the Rules and Regulations governing league and tournament play set forth by PONY Baseball and Softhall and will abide by the decisions of the International HeaI uarters Staff, the Zone or Division Director, Tournament Otrector and Decisions Canunittee in al matters relative to the interpretation of t ose rules and regulations including the eligibility of players nth the basis of relklence, age and participation in regular season play. We agree that the above narned league shall be responsible for acquisition of proper Insurance coverage including General Liability and Completed Operations Coverage and name PONY Baseball, Inc. as additionally insured The League shall Indemnity and hold harmless PONY Baseball, Inc., from and against any and all claws, liabilities, losses, costs, damages, expenses, including reasonable attorneys' fees, obepations or charges of any hind whatsoever made against or suffered by PONY Baseball Inc.. in any way conlerned with or relating to year activities unless caused by PONY Basil, Int.'s own gross negligence or willful misconduct. We agree, in recognise' of voMmleer nature of Nose serving as League Officers. Managers and Coaches. and PONY Baseball and Softball Field Directors, all matters in dispute shag be adjudicated as set forth in the Rhea slid Regulations published Mt PONY Baseball and Softball. and that the iggue wig not be8bub legal action against PONY Basebal and Softball or any of its representatives. DIVISION DIRECTOR — THIS BOX FOR HEADQUARTERS & FIELD STAFF USE ONLY Zone S Region Date len Computer ����+++ S P Ill B P C P CP U NO CARBON PAPER REQUIRED – TYPEWR:TE OR PRINT HEAVILY WITH BALI POINT PEN Annual Membership Application for SoKS S EFTE3 ILL Previous years contact for renewal leagues: S7APF.T,II•!G CITY GT9LS SOFTriALL LISA GALLARDO `IORA t. I AN DR. COR''US CHRISTI, TrXAS 76415 Headquarters use only. USE A SEPARATE FORM FOR EACH LEAGUE. Please do not combine teams from different Leagues on one application. Keep the last copy of each application. Retum a8 other copies and membership fees before APRIL 15 to: PONY GIRLS SOFTBALL, INC., P.O. BOX 225, WASHINGTON, PA 15301 -0225 IF RECEIPT OF TIM MEMBERSHIP APPLICATION HAS NOT BEEN ACKNOWLEDGED WITHIN 15 DAYS AFTER WILING, PLEASE NOTIFY THE H 1 This application is for Check either fast or slow and then age group. It League 0 Travel 0 Fast Pitch Shetland Softball Pinto Softball Mushily Softball Bronco Softball Pony Softball Colt Softball 0 6 and under [Ns and ender 0 18 and under 012 and under 014 and under 016 and under EADOUARTERS STAFF. lb Slow Pilch Palomino Softball 018 and under 2 Name of League or Travel Team (If travel team, skip #8) S °A !; K T.I iiG C 1 '. Y G I PLS SOF BA y„r 3 Number of teams In league 4 4 League is in: Stale E7: fi County N EJ E C E S 5 List company with which league now has or wiN have accident insurance: G A G L I A R D I INS. SERI! . INC . Renewal X Amount of fees enclosed $ ' • 0 0 Population within league boundaries ' 5° i' City or Township CORPUS C Ea P; ST I List company with which league now has or will have liability Insurance: 6. Local Newspaper C'S LLR 'FS 7 Will the League participate in tournament play? Yes. No_ One Team GAG LIAPDI INS. SEW). INC. 8 List names of teams in league (use separate sheet if needed) S Two Teams X How many teams ?__ 9 Do these teams play an snlerlocking schedule with another PONY Girls Softball program? If yes. what league do they interlock with? YES_ _, NO X 10 All correspondence from PONY Girls Softball will be sent to the person designated as League Contact. The League President should be listed as League Contact or Second Contact. SA GALL AT'1)0 473< NIORAVIAIN DP. Name) (Street Address) CORPUS Cdr•R:a`_I, '.'f:YAS 7e41 City Stale. Z!!y Coaei /('� c -C61 . . 6t_-62P- 1173 4.e, Owe - Home Phone/ urea Code Business Phone/ (E -Math LEAGUE CONTACT SECOND CONTACT I'.`•ED:' ACCT'; aNamei '7 MORAVIAN DR. CORPUS CRP EY7k. 7',41 'City. Slaie. Zp Coder ISlreat Adbesa) 61-S5 _ -061 361 - 7711 -03R4 Are/ Code - Home Phone 'Area Code - Business Phone/ — i 1. Please list the name andlelephone number of your concession operator. Name_ TREPA ;\P ;U <;A-- (E-Maei Telephone# 6 _ _?e70 151-c:10-V7,7'1 Please use the 'Supplemental Mailing List' form provided by PONY Gibs Softball to list the names and addresses of other league officers, directors, managers and coaches so that they may receive -- without charge—the PONY Express newsletter. ZONE DIRECTOR —THIS BOX FOR HEA DARTERS & FIELD STA FUSE ONLY Zone Li Re Ion Date ..z AO L 1 Is P pti►ter M B P C P 10 -03 NO CAP.BON PAPER REQUIRED — TYPEWRITE OR PRINT HEAVILY WITH BALL POINT PEN Annual Membership Application for GELS S o C9' o A dd Previous year's contact for renewal leagues: SPARKLING CITY GIRLS SOFTBALL LISA GALLARDO e734 MORAVIA *J DP.. CORPUS CHRISTI, TEXAS 78415 Headquarters use only. USE A SEPARATE FORM FOR EACH LEAGUE. Please do not combine teams from different leagues on one application. Keep the last copy of each application. Return all other copies and membership fees before APRIL 15 to: PONY GIRLS SOFTBALL, INC., P.O. BOX 225, WASHINGTON, PA 15301-0225 IF RECEIPT OF TIMS MEMBERSHIP APPUCAT)ON HAS NOT BEEN ACKNOWLEDGED WITHIN 15 DAYS AFTER MAILING, PLEASE NOTIFY THE HEADOUARTERS STAFF. 1 This application is for Check either fast or slow and then age group. t *League 0 Travel Eil Fast Pitch 0 Slow Pitch 2 3 A. 5 Shetland Softball 0 6 and under Pints Softball 0 8 and under Mustang Softball 11 16 and under Bronco Softball 0 12 and under Pony Softball Coil Softball Palomino Softball 0 14 and under 016 and under 1718 and under Name of League or Travel Team (If travel team. skip #8) SPARKLING C TY GIRLS S O FTRA4erw Renewal Number of teams in league 5 _ Amount of lees enclosed $ 7 5 . 00 within league boundaries 3 5OR League is in: State TEXAS County NUECES City or Township CORPUS CHRISTI X List company with which league now has or will have accident insurance: G A G L I A R D I INS . S E R V . I NC • List company with which league now has or will have liability insurance: G A G L I A R D I INS . S E R V . INC . 6 Local Newspaper CALLER 7 IMES 7. Will the League participate in tournament play? Yes X _ No Team Woo Teams, How many teams ?_ 8 List names of teams in league (use separate sheet if needed) SEE E A C X PAGE 9 Do these teams play an interlocking schedule with another PONY Girls Softball program? If yes. what league do they interlock with? YES_ NO X 10. All correspondence from PONY Girls Softball will be sent to the person designated as League Contact. The League President should be listed as League Contact or Second Contact. LEAGUE CONTACT LISA GALLARDO +Name) CORPUS CHRISTI, 4734 MORAVIAN DR. TE,XP.S 75415 {Car State. ZIP Code. 3b1- 853 -O61: Area Coae - Home Phone) SECOND CONTACT RIJDY CLI`A Name 1 CORPUS CHRISTI, •'Cdy Slate. Z.p Code, 361 - 353 -06_:; A•ea Code - Home Phone )Sheet Address) 361 -688 -5173 Area Code • euoness Phone) (E -Malty TEXAS 4734 ^,fORAVIAN DR. 361 - 774 -0884 (Sheet Address) Area Code - Buerness Pt one r 11 Please list the name and telephone number of your concession operator Name DEBRA. ARSUAGA (E -Mad) Telephone# 361'992-35" 361 -510 -3577 Please use the "Supplemental Mailing List" form provided by PONY Girls Softball to list the names and addresses of other league officers, directors, managers and coaches so that they may receive — without charge —the PONY Express newsletter. ZONE DIRECTOR —TINS BOX FOR HEA V - IUARTERS & FIELD STAFF USE ONLY r . Z�on4e Regbn �" Date Ii�6n Compu `] S P M B P C P 10.03 NO CARBON PAPER REQUIRED - -- TYPEWRITE OR PRINT HEAVILY WITH BALL POINT PEN Annual Membership Application tor c�oQa� ©®Afl1 Previous year's contact for renewal leagues: SPARKLING CITY GIRLS SOFTBALL LISA GALLARDO 4734 MORAVIAN DR. CORPUS CTR I STI , TEXAS 78415 Headquarters use only. USE A SEPARATE FORM FOR EACH LEAGUE. Please do not combine teams from different leagues on one application. Keep the last copy of each application. Return all other copies and membership fees by APRIL 15 to: PONY GIRLS SOFTBALL, INC., P.O. BOX 225, WASHINGTON, PA 15301-0225 IF RECEIPT OF11111 MEMBERSHIP APPUCAT$ON HAS MOT BEEN ACIMOWLEDGED WITHIN 16 DAYS AFTER MAKING, PLEASE NOTIFY THE HEADQUARTERS STAFF. 1 This application is for Shetland Softball ❑ 6 and under Check either fast or slow and then age group. '0 League Bronco Softball jp 12 and rider Pinto Softball ❑ 8 and under Mustang Softball ❑ 10 and under ❑ Travel Pony Softball ❑ 11 and under XYPast Pitch 0 Slow Pitch Palomino Softball ❑ 16 and under Coll Softball O 16 and under 2 Name of League or Travel Team of travel tears, skip question #8) S RARE, SOF 1 yt.L —_ Renewal X_ 3 Number of teams In league 4 of fees enclosed $ 72.00 Population within league boundaries 35 C K 4 League is in: State .`_' `: A S County In EC Eli City or Township COYPUS CHRIST I List company with which league now has or will have accident insurance: G AGL I A R D I INS . S ER V . INC. List company with which league now has or w!e have liability insurance: AQT.I A R.1) T T NS _ S FP`" _ T NC _ 6 Local Newspaper CALLER TIMES_ 7 Will the League participate in tournament play? Yes_;; No _.- One Team Two Teams How many teams ?__" 8 List names of teams in league on the back of this page (after completing front). 9 Do these teams play al interlocking schedule with another PONY Girls Softball program? YES_ ._ NO X if yes what league do they interlock with' _ 10. AN correspondence from PONY wilt be sent to the person designated as League Contact. The League President should be listed as League Contact or Second Contact. Please use the Supplemental Mailing List" form provided by PONY to list the names and addresses of other league officers directors. managers and coaches so that they may receive — without charge — the PONY Express newsletter. Where needed. you may make your own or request additional copies of the "Supplemental Mailing List° form from PONY_ LEAGUE* CONTACT .,S..Th GALLARDO 4Sueet Aod,esa) £.o! ius GI's. STI, _ - TEXAS__ 7aLLE Sla:e. lac Ccde 761-82-061:, 361-68g-5173 A:ea Code - home Phone (Ares, Code Business Phone) (E4Madr SECOND CONTACT _RU..DX _AC1T j k '3^ Z CORPUS CHRIS' I, TFXAS 78415 "op All 1AN DR. Slate. 7:n C!•na ?61-37,3-061. A-r., Cadc 361 - 774 -0884 Alegi ('. c B s.ness Phone! Please list the name and telephone number your concession operator Name D_ELP,EA ARS!IA GA. S!ree' Add,essn Telephone# 351 -99,- 7O 351 -91O -3577 We hereby agree (he pave narneo league wit comply with the Rules and Regulations governing league and tournament play set forth by PONY Baseball and Softball and will awe Dy me oecl11011sel-- - - the International Headquarters Staff. the Zone or Division Director. Tournament Director and Decisions Committee in all matters relative to the Interpretation of those rules and regulations Including the eag.bihty of players on the basis of residence, age and participation in regular season play. We agree that the above named league shag be responsible for acquisition of proper Insurance coverage including General LialMitky and Completed Operations Coverage and name PONY Baseball. Inc. as addilonaly insured, The League shall indemnify and told harmless PONY Baseball, Inc.. from and against any and all cyprns. Iabittles. tosses, costs, damages. expenses, including reasonable attorneys' fees, obligations or charges of any kind whatsoever made against or suffered by PONY Baseball Inc., to any way conC fined with or relating to your activities unless caused by PONY Baseball, Inc.'s own gross negligence or wilful misconduct. We agree, in recognition of the volunteer nature of those serving as League Officers, Managers and Coaches. and PONY Baseball and Softball Field Directors. all matters in dispute shag be adjudicated as set tare in the Rep ale Regulatiorhe published by PONY Baseball and Softball, and that the league will not institute legal action whist PONY Baseball and Softball or any of its representatives. DIVISION DIRECTOR -THIS BOX FOR HEADQUARTERS & FIELD STAFF USE ONLY %1.`., Zone S. Region Date n Computer c D V R D f^ D s^D NO <..'ARBON PAPEH l-1EQUIRED - t YPEWRITE OR PRINT HEAVILY WITH BALL POINT PEN Annual Membership Application for Previous year's contact for renewal leagues: T,TSA r;ALLtprN) 4734 MORAVIAh DR. TX. 78415 Headquarters use only. USE A SEPARATE FORM FOR EACH LEAGUE. Please do not combine teams from different leagues on one application. Keep the last copy of each application. Return all other copies and membership fees before APRIL 15 to: PONY GIRLS SOFTBALL, INC., P.O. BOX 225, WASHINGTON, PA 15301 -0225 IF RECEIPT OF THIS MEMBERSHIP APPLICATION HAS NOT BEEN ACKNOWLEDGED WITHIN 15 DAYS AFTER MAILING. PLEASE NOTIFY THE HEADQUARTERS STAFF. 1 This application is for Check either ast or slow and then age group. V League 0 Travel AI Fast Pitch 0 Slow Pitch Shetland Softball 0 B and under Pinto Softball 0 8 and under Mustang Softball t7 10 and under Bronco Softball Pony Softball Colt Softball Palomino Softball 0 12 and under tg14 and under 0 16 and under 0 18 and under 2 Name of League of Travel Team It travel team skip a8)SPARKLI IJ( _CTTY _GIRLS__SOFTBAB w_._ Renewal X 3 Number of teams in teag:,e 5 Amount of fees enclosed c 79 . 00 Population within league boundaries 4 League is in: State TEXAS ;ountyNUECES City or Township CORPUS CHRISTI 5 List company with which league now has or will have accident insurance:GAGLIARDI INS . SERV . INC . 350 K List company with which league now has or wr'i have liability insurance: GAGL I AR D I INS . SERV . INC . 6 Local Newspaper CALLER T IMIS 7 Will the League participate in tournament play? Yes X 8 List names of teams in league (use separate sheet if needed) No One Team __ _ Two Teams___ How many teams ?__ SEE BACK PAGE 9 Do these teams play an interlocking schedule with another PONY Girls Softball program? YES_ _ NO X__ It yes what league do they interlock with- 10_ All correspondence from PONY Girls Softball will be sent to the person designated as League Contact. The League President should be listed as League Contact or Second Contact LEAGUE CONTACT LISA GALLARL >O 4734 MORAVIAN DR. anal CORPUS CHRISTI, TEXAS 78415 Sate. ZL C; 1e 361- 853 -062 361- 688 -5173 DuS."ess Ph:. SECOND CONTACT RUDY ACUNA 4734 MORAVIAN DR. a —e CDR/7'1.14 CHRISTI_, TEXAS 7841.5 i.- 361- 853 -06:.2 361- 774 -0884 eaCcce -' ' w ncaCcne 3 Pro.e; -- 11 Please fist the name and telephone number of your concession operator. 1 Name DEBRA ABS.UAGA . srreal .tad ess+ .E Tetephorea 361 -992 -3570 _� 361- 510 - _35.77 Please use the "Supplemental Mailing List" form provided by PONY Girls Softball to list the names and addresses of other league officers, directors, managers and coaches so that they may receive — without charge —the PONY Express newsletter. ZONE DIRECTOR —THIS BOX FOR HEADQUARTERS & FIELD STAFF USE ONLY Zone Z' Region Cr'Computer e n rtfr 0 o r SPARKLING CITY GIRLS FASTPITCH LEAGUE 3901 Greenwood Drive Corpus Christi, TX 78416 (361) 225 -4277 Officers Lisa Gallardo- President 4734 Moravian Drive Corpus Christi, TX 78415 (361)688 -5173 Rudy Acuna - Vice President 4734 Moravian Drive Corpus Christi, TX 78415 (361)853 -0612 Lisa Martinez - Secretary 7725 Yoakum Corpus Christi, TX 78413 (361)779 -0364 Debra Arsuaga - Treasurer 1837 Micheline Corpus Christi, TX 78412 (361)992 -3570 Michael Gallardo -- Player Agent (Interim) 1001 Golden Gate Circle Corpus Christi, TX 78416 (316)549 -8325 Directors Steve Acuna - 10U Representative 5334 Meadowgate Corpus Christi, TX 78413 (36-051 -0 7879 Michael Garcia -- 8U Representative 354 Saxet Corpus Christi, TX 78408 (361)774 -2548 Jamie Colunga -- 61J Representative 3714 Sobey Corpus Christi, I 78408 (361)289 -5220 Advisory Staff Eva Acuna Lori Garcia Tammy Acuna sotrau Protect Our Nations 7 outh Mr. Chris Semtner City of Corpus Christ Parks and Recreation Department Corpus Christi, TX 78401 Dear Mr. Semtner Lupe Acuna South Region Softball Division Director E -Mail: lacuna(4Iavlin.net, lacuna(a)ponv.ore Cell Phone: 361 -592 -4260 This letter is being sent to you on behalf of Sparkling City Girls Fast pitch under the current direction of Lisa Gallardo and Rudy Acuna. The Sparkling City organization and its directors have worked with PONY for several years to help promote the sport of softball for the youth in your community. They have worked hard to improve those facilities which PONY has used for several tournaments. Never have I had any complaints or concerns about the facilities, the leadership, or personnel involved with the league. I would never hesitate to work with this league or its members. Please feel free to contact me should you have any question or if I can be of further assistance. Thank you for giving PONY the opportunity to work with Sparkling City and its directors. Sincerely, Lupe Acuna Pony Softball Director Certificate of Acc unl Status - LetteT of Good Standing Page 1 of ] TEXAS COMPTROLLER OF PUBLIC Accourrs CAROLE KEETON STRAYIIORN • COMPTROLLER • AUSTIN, TExAS 78774 .3eptember 1 2005 CERTIFICATE OF ACCOUNT STATUS THE STATE OF TEXAS COUNTY OF TRAVIS 1, Carole Keeton Strayhorn; Comptroller of Public Accounts of the State of Texas, DO HEREBY CERTIFY that according to the records of this office CORPUS CHRISTI SPARKLING CITY GIRLS FAST PITCH LEA is as of this date, in good standing with this office having no franchise tax reports or payments due at this time. This certificate is valid through the date that the next franchise tax report will be due November 21 2006 This certificate does not -Hake a representation as to the status of the corporation's Certificate of Authority, f any, with the Texas Secretary of State. This :~ ertificate is valid for the purpose of conversion when the converted entity is subject to Eranchise tax a requires, by law. This certificate is not valid for the ouroose of Aissolution, merger. or withdrawal, GIVEN UNDER MY HAND AND SEAL OF OFFICE in the City of Austin. this List day f September 2'103 A.D. :C aro �e Keet n Strayhcen Texas Comptroller Taxpayer number: 320180724'.7 Fi_!.e number 0800536235 Porn') O.-304 (Rev, 02- 03114) httrr / /Prmi Vs< me /- na /cori,lat/,•n, OTT (',,',T .tr.,- nn innne 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 addition 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 Sparkling City Girls Fastpitch ins. req. 1 -12 -06 ep Risk Management