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HomeMy WebLinkAbout029708 ORD - 01/08/2013Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program with a two - year term and options to extend for additional two -year terms. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program with a two -year term with options to extend for additional two -year terms. A copy of the agreement is attached and a fully executed copy shall be filed in the Office of the City Secretary. 029708 INDEXED That the foregoing ocd-imme was ad fort a first time and passed to its second reading on this the ay of 26y the following v _e: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the regoing ordinance was read for, ie second time and passed finally on this the day of , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED, this the 0 th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 029708 071/Iota-Da 13_1 LICENSE AGREEMENT Thislicense agreement (hereinafter referred to as "Agreement ") is entered by and between Nueces County ( "County"), acting through-its duly authorized agent whose business address is 9.01. Leopard, Room 303, Corpus Christi; TX 78401, and City of Corpus Christi ( "City "), a Texas Hoare Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business.address is (hereinafter City and County is referred to as " licensor"), and Great Western Soccer.Leatue) acting through its authorized agent whose business address is . ;Corpus Christi, Texas ( "Licensee "). For and in consideration of the ;mutual covenants and agreements contained herein, the receipt and suffieiency•of which is- .hereby acknowledged, the parties hereto, intending to be legally bound, agree: as follows: PURPOSE AND TERM Article. I. Licensor hereby grants to Licensee the privilege and license to use a specified area of property located at Equistar Park, Haven Drive in Northwest Corpus Christi (the "Venue') located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sport program, specifically soccer program and for no other purpose. Venue. is identified by diagram (Exhibit "A "), The "Term" of this Agreement shall be for a two .(2) year germ with extensions of two (2) year increments unless thls License Agreement is terminated as defined in Article 26.. For an Extension, Licensee shall. provide thirty (30) days Written notice of its intent to extend the terni prior to the expiration of the Tenn. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed that Licensee shall be the occupant of Venue August t., through July 31, unless terminated as defined in Article.26. Licensor.and Licensee shall use the Venue pursuant to Article.4. Licensor shall reserve the right to allow the publie's use of venue during.Times of Occupancy when Licensee is not - usingtlre Venue pursuant to: Article 4. CONTACT PERSON /ADMI{VISTRATDR•OF LICENSE. AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of inland parks or his designee ( "Director "). 2 LICENSE # EE/CONSII?FRATION Article 3, As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the venue as a Youth Sports program, specifically soccer 'and for no other purpose. Licensee agrees to maintain the venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules proniuigated In the future, specifically specified in Article 13 of this Agreement. Failure to maintain the Venue and all improvetments in accordance With these rues constitutes grounds for termination of this Agreement. JOINT USE Article 4, Licensor retains joint use of the venue and improvements during the terra of this .Agreement, subject to Licensee's•right to.exciusive contrel.of the Venue during its Time for Occup.ancy'for Youth Prograin Sports purposes. Licensee must not deny access.to nor rase bf the, Venue to the general public for unorganized activities when the Venue is not being used by Licensee during:Times of Occupancy. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director. REPRESENTATIONS, WARRANTIES & COVENANTS Article S. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and /or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the. terrns.hereof. Licensee hereby represents. and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that this Agreement is a valid obligation of Licensee; and is 'binding upon, Licensee in accordance with the terms hereof. Licensee shall keep the Venue in an orderly condition while in use. 3 COMPLIANCE WITH LAWS Article G: During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations of all federal, state, county, or Municipal authorities and with all notices, reasonable requirements.anrl reasonable recommendations of any insurance organizations, association or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, .INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BYANY.SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7., LICENSEE SHALE INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES 60TH ACTUAL AND EXEMPLARY, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY; ARISING OUT OF, OR OCCASSIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING. CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPOLYEES: IT IS THE EXPRESSED INTENT OF THE PARTIES.TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED. FOR IN THIS SECITON IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND PROTECT LICENSOR AND THEIR.RESPECTIVE EMVIPLOYEES FFKOM THE CONSEQUENCES OF LICENSORS AND THEIR RESPONCTIVE EMPLOYEES' AND CONTR4CTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THEINDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS, THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHT THIS AGREEMENT SHALT, SURVIVE THE TERMINATIQN OF THIS AGREEMENT. 4 INSURANCE REQUIREMENTS Article 8. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Exhibit "B" entitled "INSURANCE REQUIREMENTS INTEGRATION CLAUSE Article 9, This.contract supersedes any and all other agreements, either oral or in wiring, - between the parties with respect to the subject matter of this agreement, and contains all of the ceveriants and agreements between Licensor and Licensee with respect to the subject matter. Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have.been made by any-party, or anyone acting on behalf of any party that are not set forth in this Agreement, and that no agreement, statement,. or.prontise not contained this Agreeient shall be valid or binding, FORCE MVIAJEURE Article 10, The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "f=orce Majeure Occurrence" shall be defined .to include, without limitation; Act of God, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts Of terrorism, epidemic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. In the event of a cancellation of the Event due to a "Force Majeure Occurrence ", each party shall be relieved of its obligations hereunder with respect to the performance so prevented. ORDINANCES, LAWS AND REGULATIONS Article 11. The Licensee shall comply with all federal, state, and local ordinances, lava$ and regulations pertaining to the operation of the Event contemplated herein. It shall be the obligation of the Licensee to apply for pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. 5 UTILITIES Artiele.12, Licensee Must pay for all utilities used by It or for any activity sponsored by Licensee on the Venue prior to the due date for payment. Failure to pay any utility bill on or before the clue date is grounds for termination of this Agreement. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of Parks' and. Recreation each calendar year. Licensee is responsible to arrange and pay for trash removal service. MAINTENANCEJREPAIRS. Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter an a daily basis whenever the Venue.is beirig.used and weekly during the rest of the year. City and County will • provide the trash cans. (B) Licensee shall keep -fully operational and in good repair any improvements at the Venue; including but not limited to the fields, bleachers, concession stand, lighting, and fencing: Unless otherwise agreed upon, Licensor has no responsibility for maintenance or repair -to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Departrnent, Nueces County; Texas. However, unless otherwise agreed upnn,Licensors have no responsibility to repair or place any damages to Venue or improvements at the Venue caused by vandalism, or caused byany otherreason. (D) Llicensee.must keep safe and in good repair the bleachers, if any; Licensee -must repair the bleachers immediately upon discovery of damages.; (E) Licensee shall maintain the sports fieldsrwithin the Venue boundary lines. Grass on the sports fields must not exceed -three (3) inches, Licensee Miast mow the sports fields within'one (x) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought 'into paying condition. Licensee shall be responsible, at their sole cost, for winterizing, weeding and feeding,.and providing iron on the practice and playing fields in accordance with the industry standard months as required to properly bringing the fields back to playing condition, Failure to keep the grass on the sports fields at or below three (3) inches in height or to properly bring the field back to playing. condition will be grounds for termination of the Agreement. (F) Licensee will provide normal. scheduled mowing of the Venue, licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe heightnot to exceed six (6) inches. (G) If restroom facilities are not available, Licensee, at Licensee's sole expense; must provide portable toilets for pudic use witenever Venue is being used for league activity: The portable toilets must be serviced and sanitized at least once a week or as'often as the circumstances required as determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on grass area of any playing or practice fields. (I) if Licensee use goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue, licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty -eight (48) hours after the -need for repair it or should have been discovered. Licensee shall not allow use of the Venue until the anchoring system is repaired. (3) Licensee is responsible for proper installation and use of all - equipment and improvements at Premises. (K) Licensee must maintain a First Aid kit at Venue, (1) Licensee rnust complete and submit the attached Exhibit C, Standard of Maintenance Sports Field Checklist, to the City Director of Parks and Recreation no later than MVlarth 1 and August 1 Of each year,. 'During the months of MViay and .December, City employees will perform inspection to confirm .compliance -with standard .of maintenance. •lnspe.ction of Venue. Licensor has the right.to inspect the Venue and /or improvements at any time during the term of thls.Agreeinent. Specifically, prior to and at the conclusion of each year; under the.Term of the Agreement, a walk th.rough.ofthe Venue will be conducted by licensor and Licensee to note the condition.of Venue. If an €nspectiion.reveals that maintenance is not being properly carried out, Director may provide written notice to Licensee deirranciing compliance. If licensee has not complied within five (5) clays after receipt of the demand, the County may undertake the work and Licensee shalipay the County's cost plus tern (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds 7 for termination of this License. Alternatively, the Licensor may elect to terminate this Agreement after (),0) days written notice to Licensee. Repairs. Licensee shall be responsible for repairing Any portion of Venue damaged by Licensee, participants, event attendees, or invitees' of Licensee. ALTERATIONS TO VENUE Article 1.4. Licensee agrees that it will not make any permanent alteration or physical additions ( "Improvements ") tee Venue without the Director's prior written consent. No alterations or improvement to the Venue are required for Licensee's use, Ail approved improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE• Article 15. Licensor shall be allowed access to Licenser's financial books and records -for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to improvements, to maintain satisfactory financial accounting documents and- records and shall make them available for.exar ination and audit by the Licensor oil a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit licensor (and its agents) to inspect any and all pertinent records, file, information, and otherwritten materials-pertaining tothis Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE PARTIES Article 16. N.othing contained in this.Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures With each other. Each party acknowledges and agrees that it neither has nor will glve'the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all, costs as specified in this Agreerneint, Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the S Venueshall be filed, Licensee shall promptly pay Or bond siich liens to L €censor's reasonable satisfaction or otherwise obtain the release or discharge thereof. ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments, Any activity or tournament allowed to take place at the Venue shall be the responsibility of the. Licensee to indemnify and insure in accordance with this Agreen ent. APPLICABLE LAW Article 18. The validity of this Agreement, the terms; provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the taws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amended or changed except. by .written agreement signed by both parties thereto, NO WAIVER O .RIGHTS Article 20, if either party falls to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement, The failure of either party to exercise any of these provisions, rights or elections will not precitide or prejudice such party from later enforcing Or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERAB }LITY Article 21, if any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. 9 NOTICES Article 22. All notices given hereunder shall be in writing and shall be 'deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available;.return receipt requested (which shall be, confirmed by a writing sent by registered or certified mail or equivalent an the. same day that such notification is •sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: , President of Great Western Soccer League, at , Corpus Christi, TX 78426; Nueces County, County-Judge, 901 Leopard Room.3f13, Corpus Christi, TX 78401; and City of Corpus Christi; at Corpus.Christi City Half,. 1201 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401. SURRENDER OF VENUE AT END OF TERM/HOLDOVER Article 23. Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole .expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by rernoval of Licensee's property, and restore 'he Venue to the condition in which it was.priorto the Agreement. Any property remaining at the Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale ofsuch property remaining at the conclusion of the Terra, In the case of any holding over.or possession by Licensorafter expiration of Term or earlier termination cif this' License, Licensee shall pay Licensor a Monthly fee to he determined by the County.. Further, in the event Licensee shall held over beyond any date for surrender of • Venue set forth in Licensor's written demand for possession:thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by,reason Licensor's inability.to deliver possession of Venue to another, together with interest on such expenses at .maximum interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License, or afford Licensee any right.ta possession of the Venue beyond any d.ate through which such rent has, been paid by Licensee and accepted by the Licensor.. Such, monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor Is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be ,and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. 10 TITLES FOR CONVENIENCE ONLY Article 24, The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Artiele.2 '. Licensee expressly agrees to provide security as determined by Licensee, fpr Events - at Venue-during-Times of Occupancy duringTerm and any and all staffing for Events. licensee .shall provide at its sole cost•adequate qualified personnel for Event day traffic control. 'Licensee is responsible. for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, garne clock operators, public address announcers, and any medical personnel for the players, This is not an exhaustive list. Licensor is not.responsible for any payment due to these staffers and parties expressly acknowledge that these are not. Licensee's employees. In addition; Licensee, in connection with each Event to which this License applies shall furnish or arrange to furnish at its own expense: 1, Equipment and uniforms for players 2, All applicable licenses, if applicable for the Event.. TERMINATION WITHOUT FAULT /TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Term nation for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Litensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any .•• 11 rnanner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. Licensor does net waive its rights to, pursue all applicable legal remedies; inciuding but not limited to breach of contract claims based upon non-performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right &the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT/WAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrumentin writing by the Licensor and Licensee with-the same formality as this License. Without limiting the generalityof the preceding sentence,. no course of conduct among the parties shall constftute an altetatiOn, 'amendment or modification of this License. The failurebf the Licensor or the Licensee toinsist in any one Or more Instances upon the strict p.erformance of any of the covenants, agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this License • shall be deemed to have been made.tinless expressed in Writing and, signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article 29. This Agreement shalibe geverned.by and construed in accordance with the laws Of the State of Texas. CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. .12 CONSTRUCTION Article 31. The language used in this License will be deerned to be the language chosen by the parties to express their mutual intent, and no rule. of strict construction will be applied against any party. This License will not be construed against drafter, BACKGROUND CHECKS Article 32. Licensee shall require, satisfactory criminal background checks on each of its Board members and coaches associated with its . sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and board members complete a state or nationally recognized, or Director approved, sportsmanship program. Licensee shall encourage parents andfor legal guardians of the youth participants to attend the sportsmanship program. Licensee is required to turn in an outline of the components of the sportsmanship program. This must include course °utiine, and dates of the.rneetings. Licensee must also provide a list of all coaches, board members, and parents/regal guardian signatures of attendance at the sportsmanship program. COMPLAINT NOTICE AND OTHER REQUIRED SIGNS. Article 33. Licensee must post and maintain a sign with sportsmanship policies and possible consequences for non- compliance with. policies.. Licensee must post and maintain signs 'to indicate restricted parking areas and also that no parking on grass is permitted. Licensee must post Health permits at the concession areas. Licensee must store food handier cards on The at the Premises. Licensee must promptly replace or repair any damaged or musing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Dlreettir•s (List) to the Director as defined in Article 2. of this Agreement by each January 31 of each year of this Agreement. The List must captain each person's title, name, address, home phone, and office or fax phone, and email address. Licensee must notify Director in . writing immediately if there are any changes in the Officers or Board of Directors. Licensee must provide Director of with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. A :2 4 . • • REPORTING IS • Article 35.. Ail reports must be Subrriitted to the Director within twa Weeks after the start of Licenses season, Licensee Must provide Director with schedules of each division prior to each session. Licensee must provide Director with list Of leagOe tournaments scheduled at the PremiseS. Any tournarnerits not an schedule for league purposes must be approved in advance by Dir0ctor. Licensee, is • responsible to ensure that each tOurnament at the PreMisaS is covered by the same insurance as required for Licensee's activities under this Agreement SIGNATURES: EXECUTED ON 2012, Nueces County, 1 exas. 14ENSORS; NUECES COUNTY Sampel Loyd Neal, Jr. Nueces County Judge ArrEsTED: CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Diana T. Barrera, County Clerk LiaNSEE: EECUTE.1) ON 0 C-A-ubs. 2012, Nueces County, Texas BY: , President Great Western Soccer League r..,.w,r.nnuv�1 . . . • ` . • • • . . • . 3.5 EXHIBIT B INSURANCE REQUIREMENTS 1. LICENSEE'S LIABILITY INSURANCE A. Licensee must not-Commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Licensee must' not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. 13. Licensee must furnish to the City's Risk Manager, .(two) 2 copies of Certificates of Insurance, with applicable policy endorsements naming the City and Nueces County named as additional insureds' for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager, TYPE OF INSURANCE 30 -Day Written Notice of Cancellation is required on all certificates MINIMUM INSURANCE COVERAGE Bodily injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 9. Commercial Broad Forrh 2. Premises,, - Operations 3, Products! Completed Operations Hazard 4. Contractual Liability 5. Independent .Contractors 6. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. En the event of accidents of any kind, related to this agreement the.t,icensee must furnish the Risk Manager with copies of all reports of any accident within ten (10) clays of the accident. 4 A 16 II. ADDITIONAL REQUIREMENTS k Certificate of Insurance: • The City of Corpus Christi and NUaces County must be named as additional Insureds on the liability coverage,. and a blanket waiver of subrogation Wall applicable policies. • The name of the facility being leased miist be listed under 'Description of Operations". • At a minimum, a 30-day Written notice of tertnination, nen renewal, material change or cancellation is required. 5-3-12 cip Risk Management 17 EXHIBIT C STANDARD OF MAJNTENANCE WORT FIELD CHECKusT Due each March 1 and /Waist 1 each year of the Agreement INSPECTOR'_ ADDRESS: Date of Inspection: League President Signature Print All Leagues Will be expected to complete this self- Inspection checklist fora semi anritially. Dtie date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and. December, Each league is responsible for their self inspection: If the Inspection is not submitted to the City.of Corpus Christi Parks and Recreation Department, 1201 Leopard,, Corpus Christi, Texas 78401 by the deadline of (March 1 August 1) each year of Leases the League will be assessed a fee of $250.00 per site Check "NO" If repairs are not necessary; "YES if repairs are necessary, A comment is required for any "YES" answer. PLAYING SURFACE Yes No. [ ) [ l 1, The.soil is too loose to provide good running traction. [ [.1 2. The soli is too,compacted to provide good drainage. [ 1 [ 1 3. ..The playing area has low spots, holes, or is not level and should be dragged /re- graded. [ 1 [ 1 4. There IS a hazardous soil buildup (lip) between the playing area and the turf. [ 1 I I a. The playing area has unsafe wet spots and /or puddles_ • [ j [ 1 6. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ 1(1 7. Litter and unsafe debris is scattered around the playing area and player /spectator areas. [1 1 ] 8, The supply and location of Waste can is inadequate. 11 [ 1 9.1f available.at Venue, sprinkler, heads; drainagegrates, valve boxes; etc. in the field are above f;rade or have sharp edges or unsafe protrusions. (] [ 1 10. There have been recurring accidents from players.running into surrounding objects such as fencing; light posts, bleachers, etc. (111 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restroorns. 11 (] 12 There are unsafe bare spots in turf with a hard soil surface exposed. 1 11) 13. The surface is uneven because of soil grade. (1 [ 1 14. Soil is too wet or drains poorly making an unsafe rtirtning.suirface.., [1 (1 15. Turf is not uniform in texture, density, or height making an unsafe playing surface: [ 1 (1 16. Turf irrigation comes on during.games. [1( ] 17. Turf is not stable arid "blow. -outs" frequently occur. (1 1 1 18.Weeds are present with thorns, bristles, or burrs.. 11 (1 19 Moles, gophers or Other animals have caused mounds or holes. . [ ] [ 1 20. Hazardous ruts occur on the field from inowing equipment or trenching, COMMgNTS 18 FENCING (if available at Venue) Yes No (1(1 1. Fence posts are loose or improperly set in the ground. [ 1 [ 1 2. Fence posts are on the inside of the playing area fence. _____ 19 [ 3 3: Conrretefootings are exposed aboveground. [ ] [ 1 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ 1 [ 1 5, There are unsafe gaps under fencing: [ 1(1 6. There is no bottom.tension wire or railing to secure the bottom of the fence. [ 111 7. There is not top railing to secure fence at the top, [ 1 [1 .8, Wire'erads of chain link fencing are exposed along the trip. [ 1 [.1 9. There are damaged portions of fencing that are.loose, sharp, protruding, or unsafe. [.1 [ 1 1n- Gates are left open during games. COiVIMENTS SIGNS Yes FVo• [ 1 [J 1, Signs are in good condition. [ 1 [ 1 2. Sign with Parks and Recreatipn phone number for.cprnplaints or concerns. [ 1 [ 1 3. No parking in grass [ j [] 4: Spartsmariship sighs with league rules; guidelines, and possible consequences. [ 1 [ 1 S..ADA Handicap parking E 1 [1 6. Adequate traffic markings. [ 1 I.] 7. Maintenance area "keep out ". COMMENTS CONCESSION STAND / RETTROOM$ (if available at Venue) Yes No [ 1 1 1 1. Health permits posted. [ 1 [ 1 2. food handlers cards an fie. [ 1 [ 1 3. Appropriate signs for doorways. [ 1 f 1 4. Cleanliness Of restroorns and concession area. [ 1 [ ] 5..Condition of buildings: COMMENTS LIGHTING (if available at.Venue) Yes No 1 11 ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. 1 ] 11 2. There are burned out lights. [ 1 [ 1 3. The beam direction of the, fights are oiit:of adjustment. 1 ] [ 1 4. The lighting grid pattern on the field is uneven or irregular. 1 ] [ 1 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS 20 BLEACHERS Yes No [ 1 [ 1 (. The nuts and bolts an the bleachers.are lease, missing, or protruding. [ 1 [ 1 2. The guard rails are loose or missing. [ 1 [ 1 3. The plank or railing end caps are loose or missing. 21 [ ] [:.1 4. Wooden planks are Worn out or splintered: [ 1 [ 1 3. There are hazardous protrusions or sharp edges. _ COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No t 1 [ ] 1. The chalking material used is irritating to the eyes. [ J [ 1 2. There are no warning signs poster! informing Mayers or spectators of use rules or hazardous conditions. [.1 [.1 3. There are no public telephones available for emergencysltuations: [1[J 4. Areas that are hazardous or under: repair. have not been blocked off of identified. [ 11.1 S. There is currently no communication between the maintenance staff and the facility, users, COMMENTS