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HomeMy WebLinkAboutC2005-400 - 8/23/2005 - ApprovedPage 1 of 14 ('( 'P-xl THREE YEAR USE AGREEMENT FOR TC AYER8 PARK RELD BETWEEN THE CITY OF CORPUS CHRI~rl AND CORPt/S CHRJ~TI POLICE ATHLETIC LEAGUE STATE OF TEXAS COUNTY OF NUECE8 WHEREA~, the City owns TC Ayem Park. 1722 Winnebago Sbm~t, Corpus Christi, Nuecea County, Texas, ('l~m~l~ea'); and, WHEREA~ the L/~er deaime to use Promises for I'm y~3uth beam,:mil program; and, NOW, THEREFORE, City and User, In constde~u~on of the mutual pmmlaea and covenants herein, agree a~ follows: ~nt. tt~ term of ~le Uae .a~rment I~ for a term of 3 yearn beginning cm the ..7-3..~, day of ~0~0~ , 2(X)5 (the day of City Council approval). Ua~r may use the field at TC Ayera Park duflng the term of the Ag,._i:,~nt from Monday ~ru Friday from 5:30 PM to 10 PM and on Saturday from 8 AM to 10PM. Section 2. Contact PeraonAJae A~menlent Admlnlgeltor. For thla Uae Agreement,, the Clty'a contact per~ and Uae Agreement admlnlsln~r is the ~ of Parks and Recreation ('/Nmeeer"). alIactmd hereto and Incorpo,.~;~l herein by referent, artd M Improvements to the Pm~m~ (~mpmvement~"), Including, without Ilrram, the ~ ~ Irrlgm sm. and the grass areas. Detailed condiJona for using the Pmmhsea am contalrmd ,n the attached Exhibit A-2. ExhlM A-2 may be amerxled aa often as necesaary upon mutual agreement of by ~ and/J~r. Section 4. ConlMlmtJon. User must operate a youth baseball program ('program') and must maintain the Premises and all Improvements on a year-round basle In 2OO5-40O 08/23/05 0rd0263~9 Page 2 of 14 the City in effect now and as promuigatecl In the futura. Failure to rnalrflaln the Premises and all Impmvemeflts In accordance ~ these rules constitutes gro~ri:la for termlnaUon of this U~ Ag,J:,~:d. At a minimum, maintenance Includes tt~e maintenance Items co~Ymlned In the attached F.~[hlbtt A-2 Sectiofl S. Urtdemtandlng. U~racttmwiedg~and m:lerstarx~tttatuseo~ Premises la ~ conditioned on the understanding that the Pmmlae~ and al Improvements must be returned In as good a condition as received, maaonabie use and wear, acts of God, fire and flood damage or deduction, where U. er hs wtthout fault, exceptee. Promises dudng Its use for youth baseball program p~rposes. U~ef mu~t not deny access to or u~e of the Promises by fl~ general public for unorganized actJvttles whe~ the Promises am not being used for youth baseball PUre by User. Requeats for scheduled organized actMtles by other organizations will be reviewed for approval or de~181 by Dk'~ctof and U. er. Pmrnlses and/or any Improvements from Ir~alllng, mal.;-inlng, n~xllr/'tg, or ralx)vlng the utility lira and/or easements. CRy muat use reaaomibie Judgment In locating the utility lines and/or easements to mlnimlze damage to the Premises and/or Its Impmvemeflts. Section 7. Ptimm~ Uae. ~ must establish and maintain a recreational ama w~ the primary uae being for the ope~uLion of a yout~ baseball program and for no other purpoae wltt~out D~e~ofe prior wRi~n approval. Section 8..N:ldltlon. m'AJtemtlon~ Uaerahail not rnakeanyaddltiortsoraltemtlom to rite Pmrnises orto any Imlxom without lit,~._la", prior v.~'u=n approval, ff aplm)ved, (J~er must obtain clearance, In writing, from Clty'a Risk MarlegelTle~ Department ('Risk Management') fi'tat lhe pmpo~ addition or altemtk)n will be covered under the Inmzance policy In force during I~ term of lhl~ U.~ .44menleflt Improvemer, b~. All additions or alterations must be made at 1,/~¢8 expem~. At the expiration or termination of this U~ AIimement, aa additions or alterations made by U~r become the property of City without necessity of any legal action. Sectlon9. Utllltle~ ~ mL~t lnstail and pay for lts ow~ elect~ meter for the use of the lights and other electric use atTC Ayem Park F'teld when fights and other elect]tc electric utilities. User mu.t proml:~y pay all elect]lc ulfllty blll~ ~o Ihat none of thoae ~ Page 3 of 14 become delinquent. The attached Exhibit A-2 furltter governs the respons~)l~ for electrlc~y and other utilities. Section 10. 91~. (J~er shall not exhibit, inscribe, paint, erect, or u~x any signs, ad~itJl~'ne~, notices, or other lettering (-'Signs) on b~ Premises or on any Improvements ~ Z)~mclor's prior w¥~u~n apt~:wal. If Signs are approved, D/mclor, In wilting, may re~lm Lessee to remove, repair, or repaint any Signs. If the Signs am not removed, repaired, or re~lnted wlthln ten (10) days of O~;_=ler's written within fl'drty (30) days of receipt of ~ Invoice. Failure to pay Clt~l coats w~thln thirty (30) days of receipt of ti're Invoice cor~ll~ms gmur~ds for termination of fi'ds ~ Agreement. AJtern~;~, Clt~ may elect to terminate this ~ .~41rNment alter ten i10) days w~;E[un notice to U~e~r. U~er which Impairs bhe ret~Y~on of I~ Promises or the Clt~. Section 12. Security. U~er shall c~b~=t and pay for any and all ascurlty It requlras at the Premises during the term of b'~ls Section 13. I~'-r~lJ~n. 'rhe CltyManeoerorDW~lorhasthe dghtto Inspectlhe Premises ertl/or the Improvements at any time. ff an Inspection reveals lhat the Premises are not pmparly maintained, Dlmctm- may provide w~'m~ notice to Ua~r dernandlng compliance, ff U~er has not complied wfltdn five (5) days after receipt of the demand, ~ may undertake the work and ~ stroll pay ~ cost plus ten percent (10%) overhead within thirty (30) days of receipt of D~or's Invoice. Failure to pay Clt~l Invoice for maintenance wtl~ln b~lrty (30) days of receipt of the Invoice constltutas grounds for termination of this ~ Agreement. AYmmatlvely, Clt~ may elect to terminate Wis U~e Al~.l;,~l~t affor ton (10) days wfltte~ noMce to U~er. Section 14. Non-Dtl~lmlnltlon. U~w'shall not discriminate or permIt discrlmlnatk~ against any pemon or group of parsons, as to employment and In the provision of services, actlvffies, and programs, on the grounds of race, religion, national origin, sex, physical or mental dlasbllay, or age, or In any manner pmhl~ by the Laws of the United State~ or the S*,-,~ of Texas. OI .... ~ rBtalns the right to take any acUon this provision shall result In immediate termination of the U~e AorNment. Section 15. Compilancewtthl.aw~. U~ermustcom~jw~allappllcablefederal, ~e, a~ ~1 ~~ ~, m~, ~u~, a~ o~1~, ~ ~y ~ a~ ~ ~ ~.~n ~ ~ ~ a~ ~ ~n~ ~ ~ ~ ~ ~ ~ ~_e,,~e~ ~s e~ ~ ~ ~ ~~. Page 4 of 14 User means Corpus Chrisd P~lce Athletic Laague, a non-prof~ corporadon. Premises, User, or User's program ~'. hetl. ~r authorized wfth the b. In considera~ of allowing Indem~ to use the Premises, Indemnltors covenant ~o fully Indemnify, save, and hold harmless the IndernnM from and against all claims, dema~ actions, suits, damages, losses, costs, Ilabllldes, expenses, and Judgnw~ a-_s~,,teJ against or ri; B,v~ed ~ Indemn//ees, or any of them, on on the foregoing, premises defJ_t~ worker's compenMdon and to the exlent any damage, Injury, or loss may be Incident to, arise out of, be caused by, or be ln any way connected wlth, either proximately or remotely, wholly or In part, any of the following: (1)User's performance under this agreement; (2)User's use of the PremlMs and any and all acdvldes associated with User's use of the Premises under this agreement; (3) User's program or the existence, use, ~, (4) the ~s~ of rights unU~ th~ Us~ Agr~m. nt,. Indemnltees or Indemn~ or any of Indemnitors' Invltees; (6) entry underthis Use ~ orlzeqp,-~[, upon the Page 5of14 Premises or Its Im~ during User's use or physical occupa~ of the Premix; (7) hazards associated with being a spectator or ~pant at · spordrtg event, training, or ~,,, ciicc pertaining, dimcdy or to a Nn,mnt; (8)the vfolatkm by Indemnilmtm, Indemnllors, or Indemntto~' Invltees of any law, rule, regulation, ordinance, or govwnment order of any kind per~ining, dh a ctly or Indirectly, to this c. This Indemnity applies regardless of whether the InJuri Mth, of them. This indem~ Includes all expenses of Iltigatio~ court costs, and atlorney fees that arise, or are claimed to arlae, out of or in m~nn~-fJon wilh the ,~sss,'t('~ or recovered lncidenL d. Indemnltors covenant and agree that ff any of the IndMnnlMes made · party to any IIt~adon against any of the Indemnttors or In any litigation ~ by any party, other than any of the Indemnltors, reladng to this Use Agreement, Indemnllors shall, IWgadon, at their own expense, i~ all claims and demands, attend to their ,ettl, a:,,ent or other disposltl~, defend Indemnite~ with legal counsel sa~ to the City Attorney In all actions based thereon, and pey all charges of attorneys and all other costs and expMzseS of any kind arlaing from the liability, User shall, during the term of this ~ Agreement. provide copies of all Irmumnce ;x)lictes to City Manager or D/rector upon vn-l'u=n request. User.hall, prior to any Page 6 of 14 addition or alterdlJon to the Premises or to the Improvements, c)~h~Jn clearance, writing, from RJ~ Management. as per Section 8 as set out heroin this UM Section 18. No debll. Ulershall no~lncuranydebts nor obllgaflons on the creditor City dudng the term of this Uae AoreMnenL Section t9. UBtofOfflcerB. Uaermuetsubrnltlt-.curmntListofOfficemto~ within ten (10) days of commerK:ement of this U~B .44LL,Jd. Further, Uler, on the Lint of Offlcem to D~e~or. Failure to ~lbmit a c~n-erlt I.Jet of Ofltcem, alther within ten (10) days of commencefTN~ or annually as required by this section, ,troll conetituto grounds for termlnetJon of this IJM The List of ~ must contain each pemon'e title, name, addreas, home phone, end office or fax phone, If applicable. Section 20. Repor~ng. Uw .hall ~ubmlt ~ listing the nurnbem of I:~ayem and teame mgMtemd by Uaer to play youth basebaB each year during the term of this Uae Agreement. The retx~'ta must be ~Jbmilted to r~ ,_cto~' by August 31at of the Uae Section 21. Terrnlrmtlon. The City may Imrnedlataly terminate this Uae If the City determines, In Its ~ dleN:re~on, that Uler is no longer fulffillng fl'le primary purpose of the Uae .44rmMnent as aet out In Section 7. In addition, the City may Immediately terTnlna~u this Uae )i~mement ff It deto.,,Inas, In ~ sole discr~on, that Uaw' is In v~olation of any federal, state, or local govemment law, rule, regulation, or ordinance. Termination for failure to maintain ~ Premises and/or its Improvements is governed by Sectlon8 4 and 13 as contained hereIn. Tem~lnaflon for failure to pay a utility bll prior to the due date i~ goverrmd by Section 9 ae co~;~lnad heroin. Termination for failure to pay Clty'l Invoke to remove, mi)air, or re~lnt any Mgn wfl~n thirty (30) day~ of receipt of same is govemed by Section 10 as contalnad heroin. Eifl'~r City or U. wer may terminate this Uae AorNrnent Wffi'N:)ut cause by giving thirty (30) days Vn~Lmn notice to the non-termlrmtlng party. Altemativdy, if them is noncompliance w~th one or more of the prmdelorm co~,inod herein, Mmctor may give Uler v.-~uun notice to cum or begIn curing the d~..uit(s) within ten (10)days of mceil~ of the notice, ff Uew' is not In corr~lance or in substantial compliance wlth each pmv~lon IdentlBed by O/~.~:&_'-wllhln ten (10) days cd' by providing written notice of termination and listing one or mom areas of cordJnued or Its agef~. If City undertakas legal action to e.;urce compliance or collect damagas Page 7 of 14 resulting from no~compliance, U~er shall pay all of Clty~ court co~a and expenses, ,nctudlng reasonable attorney~' fee~. Section 23. Notice. Ail notloes, demands, requests, or reticles provided for or permitted, under this Uae Agreement by either party must be in writing and must be delivered by one of rite following rnettxxJa: (1) by pemonal deliver, (2) by ch~oelt w~t the United States Postal Serv~e as certified or regl~emd mall, re'oxn receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by deposit w~ an ova'night expreaa delivery service, for which service ha~ been prepaid. Notice depoeJl~l wtth rite United S~,~[es Po~tal Service In the manner described above wtll be deemed effectNe two (2) business days after deposit wffil the United State~ Postal Set,ce. Notice by telegram or overnight express delivery aervfce will be deemed effecltw one (1) buelnesa day IF TO CITY: ef cormm chrm Attn: ~ of Parl~ & Recrea~n P. O. Box 9277 Corpus Christi, TX 78469-9277 IFTO USE. R: Corpem Chrbtl Police Athi~c P.O. Box 9572 Either party may change the address to whlch no6ce b sent by using a medxxl se~ out above, Userwlll noUfyCltyofan address change w~'fln ~lrty(30) days atterthe address Is changed. Premises, ~ould D/tee. tar deem It necemry, upon lhlrty (30) days written notice from Uaer has no action fo~ damages against, and will not be compe~satetl by, ~ for loss of u~e of the Promises and/or Improvements. City has no obllg~on to provide an alterna~ location for User dudng the Irnpmvem,~ conetmctlon or reconal]'uctton ~mpmvernenta during ~ conalnx:tion or reco~~ period Is Clty'i cofmtructlon or reconstrud~n of lhe Impmvemen~ for Uaer'a beneSL Once co~ or the date on which tt~e Premises and Improvements are once again avalable to as set out heroin. Section 2~. A,,~.,~,.~n'm. No alte,.~ons, changes, or rn<xllfk:atkxm of the terms of this ~ Agreemen~ or the waiver of any ~ will be valid unless made In writing Section 2~. Wahmr. The failure of either party to complain of any act or omim~on on the pert of the oltmr party, no matter how long the ~ame may continue, wtll not be Page 8 of 14 deemed a waiver by said party of any of Its rights ~. A waiver of any covmant or conclltion or of the bmac~ of any covenant or oondltlon of Ibis Uae Ag,,_l,J;d. by e~her party at a~y time, expr~ms or Imp~lecl, shall not be taken to cort~ffute a waiver of any subsequent broach of the covenant or cor,:lil~n and shaJl not shall JusUfy or aufl-toHze the nonobservance on any other occasion of the name or any other covenant or condition hereof. If any actlort by fl'm (/s~' mClulms I~ corment or approval of the City on one occasion, any corment or approval given on that occasion will not be deemed a consent or approval of the same or any other action at any other occaMon. Any waiver or Indulgerx:e of User's clei'ault of any provtMon of this Ult Agrllwtmlt shall not be considered an estoppel against the City. It Is expressly understood that If at any time ~ Is In default In any of Its cofxJItlof~ or covermnta her~Jnder, the fa~ure on will not be considered a waiver on Itm part of the City; but City may at any flrne avail itself of saki rights or remedies or elect to terminate ~ls ~ Agreement on account of Secl~m 27. Fome MMeum. No party to this U~e Agmement wiil be llabie for fa,urea and delays In perfl3rmance due to any cause beyond their co.[,ul Including, without limitation, any failures or delays In perk)rmance caused by strlra~, lock outs, fires, acts of C-.-.-.-.-.-.-.-.-.~d or the public ermmy, common carrier, Inclement weather, ~ m' I~ by civil or military authorities. Secl~on 2~. A~lgnment and 8ub-IJ~e Ag,~.e;,,enL This U~e Agmeem~t may not be, in whole or In part, aaa~gned, transferred, or sublet directly or indlmcUy without prior w~n consent of the City. Section 30. CalNlorm. ThecalXionslnthlalJaeAgmen~ntamforconvenlerx~oniy, am not a part of this ~ Agreement, and do not In any way limit or artkai~ b~ terms Section 31. 8ev~blllty. It Is the definite Intent of thla Uae Ag~l~Wnent that every section, paragraph, subdivision, clause, pmv~ion, phrase, or word hereof be given fiJII force and effect for Its puqx)ae. 'l'h~i'um, If, for any mason, any section, paragraph, subdlv~ion, clause, provt.ton, phraae, or word of this Uae Ae,~_-~,J~t o~ Itm application hereof to any pef~ or circumstance Is, to a~y extent, held illegal, Invalid, or unenforceable under present or futura law or by a final Judgment of a court of or pmvis~n to persons or ckcuma~nces other than those as !~ which It la held illegal, invalid, or menforceable, will not be affected hereby. To ~ extent lhat any clause or provision Is held Illegal, Irrmlld, or unenfomeable under preeant or future law effecthm dudng the term of this ~ AOr~emenlr, then the remainder of ~ls Uae .4~eement Is not affected lhereby, and I~ lieu of each Ilegal, Invalid, or unenforceable clause ~ provision, a clause or provision, aa similar In terms to Page 9of14 the ilka~gal, Invalid, or unenforceab~ dauee or pmv~ion a~ may be poeal=le and be legal, valid, and enforceable, will be added to ~ U~e .~rm~ment automatically. Section 32. Entir~y ~. Thla Lime .a~mement ar~l rite attached and Incorpo~-a'~:l exhibits consUtu~ the enUm agreement between the City artd U~mr for the p~poae granted. A]I other agreements, promises, ~ and undemtand~, omi or Agreement are expressly revoked, except for the promulgaUon of future mai.~nance ~ules as contemplated In Section 3. The parties Intend to provide for a complete unde,-~andlng wfthln the provfl~ons of this Uae .&greeme~ and ~ exhibits of lhe ten'ns, ~1~. CUTED IN [XJR.ICATE, each of which shall be considered an original, on title the c~ Secretary I ' Chief, Admlr~i~-;;ve Law Section Senior ~nt City Attorney For City Attomey City Manager STATE OF TEXAS .~ ~rrA~'"~'~_. COUNTY OF NUECE8 § This ~nt waa ac~J-.o,Mmdged be(om me on .2005, by Primed Name:_ ', H d..EG ~I~DC. PoIcm. NhIIt. LIOuLIJ~X.~ym. TC.,Aimr-,.u~ Page 10 of 14 USE~. CORPUS GHRJSTI POLICE ATHLETIC LEAGUE By: ./ ;,x',,. ,,.,~.. · ~.. / ~-/~,. ,- .-- Corpus Christi Police At,eric League TATE OF TEXAS ~ ACKNOWLEDGMENT COUNTY OF NUECE8 ~ executed It~ same for the purpose and conaide.,.ikm and In the capacity who, by eat~ Page 12 of 14 CORPUS CHRISTI POLICE ATHLETIC LEAGUE USE AGREEMENT Exhibit A-2 Detailed Conditlon~ for U~ng TC AYERS PARK Field This Exhibit A-2 Is altached to and governed by the Use Agreement ('Agreement') League ("User"). This F_xhlbit A-2 contains detailed corxilUone for using the PrefTdSee ("Preml~4~") defined In the Agme~T~rdL 1. User must operate a youl~ baseball program ('program") and must mal~,~Jn the Pmrrdees and all Impmvemer~ on a year-round basle In acco~lance w~ a~ as promulgated In l~e futura. Failure to rnaE,tuln I~e Pretrdeee and all Impmvem~ In accon~ance with Ii, ese rutes constitutes grounds for termination of the AOmement. At a minimum, malr'd~enance includes: a. User shall ~ up and prof)erly dispose of litter on a dally basts wh(mever b~e Promises am being used; b. User shall keep fully operational and In good repair the youth baseball fields and c. User must Immediately report any vandalism to r~/~_ :-~or, or designee, and the Corpus Chr~ Police Depa, b.ent, Nuece~ Co~ty, Texas; d. User muet keep the fair wealher parlflng area and access roads frae of debris and properly designated In accordance ~ starxtards issued by Director Ihat am In force now and as promulgated In the futura; e. User must ermum that parkb~ is confined to designated areas; f. User shall be respo~elble for maintalnl~ the y;x~h baseball fields as set out In I~-l]on ¶ g here~ below. Further,/J~er shall be r~lpomdble for rnaJntalning the grass in the adjacent viewing/access areas at a safe height not to exceed six (8) inches; g. U~er must mal~[ak~ the youlh baseball field wflNn 1he Uae Ag~e~,~a-tt boundary lines. Gross on the youth baseball fields mu~t not exceed ~ree (3) Inchee. User must mow 1~ youth base~ll fields wtthin one (1) week alter grass reachee b~ree (3) the youth baseball fields must be gradually cut shorter and brought Into playing condition. Failure to keep the grass on ~ yout~ baseball fields at or below three (3) roches or to properly bring the yout~ baseball fields back to phaytng condition shall be grounds for termlnaUon of I~is IJ~ h. Where pracUcal, as de~urrnined In ~ eole dlscrTdJon of infector, User must install and pay for Its ow~ utility me~ers and Ua~r must have al utity awtce provtdem bill UWer for all ufllitlee. User must pmrnp~ pay all utility bills so that no~e Promises. ~t. EG _n713OC. Pe~c~,'" ~, Page 13 of 14 EXH~JT B INSURANGE REQUIREMENT8 Section I LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until Ina~zance required herein has been obtained and the Insurance has been approved by the City. Lessee must not allow any aubco~Yuu~.~r to commence work [mtll al eimllar Insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's RJ~k Manager, (two) 2 cople~ of Certificates of Insurance, Nx~wing the following minimum coverage by Insurance company(s) insured for the General liability policy and a blanket waiver of subrogation le required on all applicable polk:tea. TYPE OF INSURANGE 30-Day NmJ~ o/m~tm'lal Chml~l, =~.:~ll~lJon, non-rm~m~ or tmlMn. IJon ,md., 10 d~y wdl~m mol~,= m,l~ ~:n for nlxl p ...~-~ of pmmlmn b reglulrtgl on MI ,-! IAlc ' MINIMUM INSURANCE COVERAGE $1,(XX),000 COMBINED SINGLE LNIT C. In lhe event of accidents of any Idnd, Leesee must furnish the R]ek Manager wflh colic of all reports of any accldel,;~ within ten (10) days of the accident. Section Il ADOITIONAL REQUIREMENTS A. ~ of Insurance: 1. The City o~ Cmlx~ Chrbtl must be named as an additional Inaumd on lhe General Liability policy, and a blanket wahmr of suixoga'don I~ aleo required. 2. If y~ In~Jmnce company u~es the standard ACORD form, the c- clauae (bottom right) mm be amended by adding the wonJIng 'changed or' 4. At a minimum, a 30-day written notice of material change, non-renewal, cancellation or tmmlnatlon and a 10 day written notice of cancellation for non- payment of premium is required. Page 14 of 14 B. ff the Certificate of Insurance does not show on Its face the exlater~e of the coverage mClulmd by Items 1 .B (1)-(7), an authodzed ~ of the insurance company must Inctucle a le~r specifically stating whelf~r Items 1 .B. (1H7) am Included or excluded.