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 ").
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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.
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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.
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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.
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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
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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.
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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.
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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
.••
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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.
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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
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. • •
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.
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A
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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
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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_
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[ 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. _____
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[ 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.
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[ ] [:.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