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HomeMy WebLinkAbout029710 ORD - 01/08/2013Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program with a two year term and option 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 Nueces County Youth Football League use of Equistar Park for youth football program with a two -year term and 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. 029710 INDEXED That the foregoing or i . ce was ad for he first time and passed to its second reading on this the ': ay of UP 'Y 70 14-by the following vote: Nelda Martinez Kelley Alien Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas 1 Mark Scott That t foregoing ordinance was r ad fo e second time and passed finally on this the � t '`' day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Armando Chapa Nelda Martinez City Secretary Mayor 029710 n° LICENSE •AG' REEMENT This license agreement (hereinafter referred to as "Agreerent ") is entered by and between. Nueces County ( "County"), acting through its.duly atith.orize.d agent whose business address is 901 Leopard, Robni 303, Corpus Christi, TX 78401 and City of Corpus Christi ( "City "), a Texas Home 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 Nueces County Youth Football League acting.through its authorized agent whose business address is , Corpus Christi, Texas ( "Licensee "): For and in consideration Of the mutual covenants and.agr'eements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use a specified area of Licensor cd -owned property Iocated.at.Equistar Park, Haven Drive in Northwest Corpus Christi .(the "Venue ") located in Nueces County, Texas during the Term ofthis Agreement forthe :purpose of operation of a' youth sport prograrn,.specifically football program and for no other pLn pose. Venue is identified by diagram (Exhibit "A ") The "Term" of this Agreement shall be for a two (2) year term with extensions of two (2) -year increments unless this 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 terrn.prior to the expiration of the Term. •Said notice is t� be provided pursuant to Article 22, Licensee's "Times of Occupancy" of Venue during Term shall be lirrrited as detailed herein. It is agreed :that. Licensee shall be the occupant of Venue August 1, 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 public's use of venue during Times of Occupancy When Licensee is hot using the Venue pursuant to Article 4. CONTACT PERSON/ADMINISTRATOR OF LICENSE AGREEMENT Article 2, Forthis 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 FEE /CONSIDERATION Article 3. As consideration for the grant Ofthe 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 foetbail 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 Promulgated in the future, specifically specified in Article 18 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement, JOINT USE Article.4. Licensor retains joint use of the venue and improvements during the term of this Agreement, subject to Licensee's right to exclusive control of the Venue during its Time for Occupancy for Youth Program Sports purposes. Licensee must not deny access to nor use of 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 a COVENANTS Article 5. 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 Agreerrient 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 terms 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. 1 COMPLIANCE WITH LAWS Article 6. 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 and reasonable recommendations of any Insurance organizations, associations, 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 BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHAD€. INDEMNIFY AND HOLD HARMLESS. LICENSOR: AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS; LOSSES, DAMAGES, CLAIMS OR IIAI3ILITY 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 BOTH ACTUAL AND EXEMPLARY, . INCLUDING ALL EXPENSES OF LITIGATION,.COURTCOSTS, 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, .THEAICTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIM$ AND OAIVIAGES 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 SECIT.ON IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEIVINIFY AND PROTECT LICENSOR AND. THEIR RESPECTIVE EMPLOYEES FFROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPONCTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EivIPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THROIJGHT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. ua..n.;,�.•es.� INSURANCE REQUIREMENTS Article 8. Licensee shall maintain and pay all premium casts and deductibles, if any, for the following insurance coverages in amounts not less than specified 'through the duration of the Terrri as required by i xhibit "8" entitled 'INSURANCE REQUIE EMENTS ".. 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 coven ants 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 promise not contained this Agreernent shall be valid or binding. F`QRCE MAJEURE Article 10. The failure of any party hereto to corPply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike, labor dispia.tes, 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 corripiy with all federal, state, and local ordinances, laws 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. 4 5 UTILITIES Article. 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 due date is grounds for terrninatian of this Agreement. Licensee must adhere to applicable water conservation standards: In an effortto ensure•that fields are maintained in accordance with l.icenSb.r 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. MAINTENANCE/REPAIRS Article 13, At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a .daily basis Whenever the. - Venue is being used and weekly during the rest of the year. City and County Will providethe 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 reportany vandalism to the. Director, or his designee, and.the Corpus Christi Police Departrr.ent, Idueces County, Texas,. However, unless otherwise agreed upon, Licensors have no respdnsib.i.lity to repairer place any damages to Venue or improvements atthe Venue caused by vandalism, or caused by any other reason., (D) Licensee must keep safe and in good repair the bleachers, if any; licensee Must repair the bleachers immediately upon discovery of datnages.; (E) Licensee shall maintain the sports fields within theVenue boundary lines. Grass on the shorts fields must not exceed three (3)•inches. licensee must mow the sports fields within one (1) week.after the grass reaches three (3).lnches in height: At least one. month prior to the start of any season or preseason practice, the fields must -lie gradually out shorter and brought into playing 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 10 • 6 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 he grounds for termination of the Agreement. (F) Licensee will provide normal scheduled. mowing of the Venue. Licensee will be responsible. for.rnaintainingthe sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches. (G) If restrao.m facilities are not available; Lieensee,-at Licensee's sole. expense, must provide portable toilets for public use whenever 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 :determiined by the Director or his designee, (I-) Licensee shall ensure that no parking is allowed on grass area -of any playing or practice fields. (I) If Licensee use goal pasts 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. (J) 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 mustcomplete and submit the attached Exhibit C,. Standard of Maintenance Spbrts.Field Checklist, to the City Director of Parks and. Recreation rio later than March 1 and August 1 of each year . During the months of May and December, City employees will perform inspection to.confirrn compliance with standard of maintenance. Inspection of Ventre. Licensor has.theright to inspect the Venue and/or irriprovernents at any time during the terra of this Agreement: 'Specifically, prior to and at the conclusion of each year under the Term of the- Agreement, -a walk through of the Venue will be conducted by Licensor and Licensee to note the.condition of Venue, If an inspection reveals that maintenance is not being°properly carried.out, Director may provide wr'Itten notice to Licensee demanding compliance. If Licensee has not Complied Within five (5) days after receipt of the demand, the County' may undertake the work and Licensee shall pay the County's cost plus ten (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•terinination Of this License. Alternatively, the Licensor may elect to terminate this Agreement after(10) 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 14. Licensee agrees that it Will not make any permanent alteration or physical additions bmprovements ") to Venue without Director's prior written consent No alterations or improvement to the Venue are required for Licensee's use. All 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 Licensee'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 then' available for examination and audit by the Licensor on 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 other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OP THE PARTIES Article 16. Nothing 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 give the appearance car 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 Agreement. Licensee: shall have no right, authority, pr 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 Tabor or.rnaterial or other charge or expense. if arty involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee shall promptly pay or bond such liens to Licensor'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 Agreement 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 laws of the State of Texas. MODIFICATION Article 19. No prior or conterriporaneous 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 OF RIGHTS Article 20. If either party fails 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 preclude or prejudice such party from . later enforcing or exercising the same or any other provision, right or election which it may have under this.Agreament. SEVERABILITY Article 21. if any term, provision, covenant or condition ofthe Agreement is held by. a court of competent jurisdiction to be invalid, void or unenforceable, the re mainder ofthis Agreement will remain in full force and effect and will in no way b.e affected; impaired, or invalidated. 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 9 Mail or equivalent, if available, return receipt requested (which shall be confirmed by.a writing sent by registered or certified mail or equivalent' on the same day that such notification is sent), or by nationally recognized overnight courier for net day delivery, addressed or sent to the parties at the addresses set forth: ,. President of Nueces County Youth Football League, at , Corpus Christi; TX 78426; Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus. Christi, at Corpus Christi City Hall, 12 01 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401. SURRENDER OF VENUE AT END OF TERM %I.1OLDOVER Article 23, Upon the expiration or termination of Tern) 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 removal:of Licensee's property, and restore the Venue to the condition in which It was prior to 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 Licerrsor'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 of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensor after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County. Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensors written demand .for.possessian thereof, Licensee: shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licenser'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 Tern of this License or afford Licensee any right to possession of the Venue beyond ariy date 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. ,rJeM1.01.42,qAti 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 Article 25. Licensee expressly agrees to provide security :as determined by Licensee, for Events at Vennue dtiring:Tirries of Occupancy during Term and any and. all staffing for Events. Licensee shad provide at its sole cast.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, game clock operators, public address: announcers, and any medical personnel. for the players: This is not an exhaustive list, licensor is not responsible for any *ayrnent 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 applicableforthe 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. Termination for default. if Licensee defaults in the performance of this Agreement or materially breaches any .of its provisions and does not cure such defa.ult.or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination, Licensor May terminate Licensee's right to possession' to the Venue, the enjoymentof 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 manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. 11 Licensor does not waive its rights to .pursue all .applicablelegal remedies, including but not limited to breach of contract claims lased upon rion- perforrnarice 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 of the Licensor to perform its governmental functions and the performance of such function shall not constitute a default hereunder. AMENDMENT /WAIVER. Article 28, No alteration, amendment or modification hereof (includ ing this Section) shall he valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this license: Without limiting the generality Of the preceding sentence, no Course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or More instances upon the strict performance of any of the covenants, agreements, terms, provisionsior 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 unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article -29, This Agreement shall be governed 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 il .Article.31. The language used in this License will, be deemed to be the language chosen by the: TAparties 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. 1. • • N 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. and/or legal.guarcilans Of the youth participants to attend a sportsmanship program... Licensee is required to turn in an'outiine.of the components of thesportsrnanship program; This .must include course outline, and dates of the meetings, . Licensee must-also provide a list of all coaches, board members and parents /legal guardian signatures of attendance at the sportsmanship program, COMPLAINT NOTICE AND OTHER REQUIRED SIGNS Article 33.. Licensee roust 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 handler cards on file at. the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Directors (List) to the Director as defined in Article 2 of this Agreement by each January .Al. of each year of this Agreement.. The List must contain 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,� REPORTING :Article 3S. All reports must be submitted to the Director within two weeks after the Start .of licensee's season, Licensee must provide Director with schedules of each division prior to each session. Licensee must provide Director with list of league tournaments scheduled at the Premises. Any touirnamerits not on schedule for league purposes must be approved in advance by Director, licensee is responsible to ensure that each tournament .. at the Premises is covered by the same 'insurance as required for Licensee's activities under this Agreement. SIGNATURES: EXECUTED ON LICENSORS: NtJ EGEs 'C©.0 NTY BY: L , 2012, Nueces County, Texas. CITY OF CORPUS CHRISTI By: Samuel Loyd Neal, Jr, Nueces County Judge ATTESTED: Ronald L, Olson City Manager Diana T. Barrera, County Clerk LICENSEE: EXECUTED ON President Nueces County Youth Football League 2012, Nueces County, Texas 15 EXHIBIT B INSURANCE REQUIREMENTS 1. LICENSEES 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 hot allow any subcontractor to commence work until all similar insurance required of the subcontractor hes been obtained. B. . Licensee must furnish to the City's Risk Manager, (two) 2..copies oi• Certificates of Insurance, with :applicable policy endorsements neming:.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, TYRE ©F INSURANCE 30 -Day Written Notice of Cancellation' is required en all certificates MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per ,occurrence / aggregate Commercial General Liability ncltrtltng: 1. Commercial Broad Forrn 2 premises - Operations 3. Products/ Completed Operations Hazard Contractual 'Liability independent OontraGtors Personal Injury $1,000,000 COMBINED SINGLX LIMIT C. In the event of accidents of any kind. related to this agreement the. Licensee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. 1.6 Ii. ADDITIONAL REQUiRiMNTS A. Certificate Of Insurance: The City of Corpus .Christi and Nueces County must be named as additional insureds on the iiability:coyerage, and a blanket waiiver of subrogation on all applicable policies. The name of the. facility being leased must he listed under "Oescriptibn of Operations ". At a miniinilm; a 30 -clay written notice of termination, non. renewal, material change or cancellation is required. 2012 City /courityLrcense agreement witlti.Ntie4es county Youth r-ootbalt League insurance requirements 54 -12 bp Nisk Management END EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each,March 1 and August.1 each year of the Agreement SITE: IN$PEdOR; ADDRESS; Date of inspection; League President Signature Print 17 4 All Leagues will be expected to complete this self- inspection checklist form semi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the riiont[hs of May and December. Each .league is responsible for their self inspection. It the inspection is not submitted to the City of Corpus Christi Park and.Recreation Department,.1201 Leopard,.Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of teases 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 [ 1 [1 1. The soil is too loose to provide good running traction. [ J [ 1 2. The soil is too compacted to provide good drainage, [ 111 3. The playing area has low spots, holes, or is.r of level and should be dragged /re - graded. [ 1 [ 1 4. There is a hazardous soil buildup (lip) between the playing area and the turf.-- - -_ - -_ 1111 5 The playing area has unsafe wet spots, and /or puddles. fl ( 1 O. Maintenance equipment such as rakes, hoses, etc. have been left on the field. 18 [ 10 1 7. Litter and unsafe debris is scattered around the playing area and player /spectator areas. [ J [ J 8. The - supply and Iocation of waste cans is inadequate: 111 ] if a+iailable at Venue, sprinkler heads, drainage grates; valve boxes, etc. In the field are above grade Or have sharp edges or unsafe protrusions. [ 1 [ 1 10. There have been recto-ling-accidents front players running into surrounding objects such as fending, light posts, bleachers, etc. [ 1 1 ] 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrnoms. (J [ 1 12 There are unsafe bare.spots inturf with.a hard soil surface exposed. [ 111 13, The surface is= uneven ecause of soil grade. [ 1 Li 14. Soil is too wet or .el rains poorly making ari unsafe running surface. 1 ] (J 15. Turf is not uniform in texture, density, or height making an unsafe playing surface: [ J ('J 16: Turf irrigation comes on during games,. .[ 1 [) 17: Turf is not stable and "blow- outs frequently occur,. [ J 1 ] 18.Weeds are present with thorns, bristles, or burrs. [ ] [ J 1S Moles; gophers or other animals have caused mounds. or holes. 1 111 20. Hazardous ruts Occur on the field from mowing egtii prT ent o:r tteriching: COMMENTS FENCING Of available at Venue} Yes NO [ 1 11 1. Fence posts are loose or improperly set in the ground. [ 111 2. Fence posts are on the inside of the playing area fence. S 19 1111 3. Coricreie footings are exposed above ground. f ) 11 4; Fencing is not securely attached to the fence posts with loose or broken ties, G) ( 5; There are unsafe gaps under fencing, f) [ 1 6. There is no bottom tension wire or railing to secure'the bottom of the fence. . f) [ 1 7..There. is not top railing to secure fence at the:top. .8: Wire ends of chain link fencing are exposed along the' top._ [) 11 9: There are.cdamageci portions of fencing that are loose, sharp, protruding, or unsafe. (111.111.„ Gates are.left open during games. COMMENTS SIGNS Yes No [) [ 1 1. Signs are in good condition. 11 [[) 2, Sign with Parks and Recreation phone number for complaints or concerns. 1111 3. No parking in grass . f) f) 4. Sportsmanship signs with league tales; guidelines, and possible consequnces. 11 [) S- AAA Handicap parking spots. 11 [ 1 6. Adequate traffic markings. I If 1 7. Maintenance area "keep.out'.. COMMENTS • CONCESSION STAND / RESTROOMS (if available at Venue) Yes No. [ I 1. Health permits pasted. [ 1 [ 1 2, Food handlers cards on file. [ 1 [ J 3. Appropriate signs for doorways. [ 1 [ 1 4. Cleanliness of restroomsand concessions area. [ 1 [ 1 5. Condition of buildings. COMMENTS LIGHTING (If available at Venue) Yes No [ 111 1. The lighting was•not designed, installed,' or inspected by properly.trained engineers or technicians. 2. There are burned out lights. 3. The beam.direction Odle lights are out.of adjustment. 4. The lighting grid pattern on the.field is uneven or irregular. 5. The lighting foot - candles do not meet Industry recommended specifications. • COMMENTS 'BLEACHERS Yes No f 111 1.'The nuts and bolts on the bleachers are loose, missing, or protruding. [ 1 [ l 2. The guard rails are loose:or rnissing.,,,__,�_._ [ 1 [ 1 3. The plank or railing end 'caps are loose or n-Eissing:.. 21 ] [ 1 4. Wooden planks are worn out or splintered. 1 ] (1 S. There are hazardous protrusions or sharp edges, COMMENTS GENERAL SAFETY •CONSIDERATIONS Yes No [ J [ ] 1. The chalking material used is.triitatirg to the eyes. [ ] [ 1 2. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 1 ] [ J 3. There are ne public telephones: available for emergency situations. € 1 [ ] 4_ Areas that.are hazardous or under repair have not been blocked aff or identified. 1111 5. There is currently no carnrtrunication between the maintenance staff and- the,facility. users. COMMENTS