HomeMy WebLinkAboutC2006-124 - 3/28/2006 - Approved
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GREENWOOD/HORNE YOUTH SPORTS COMPLEX
LEASE & USE AGREEMENT
BETWEEN
CITY OF CORPUS CHRISTI
AND
UNIVERSAL LITTLE LEAGUE
STATE OF TEXAS s
s
COUNTY OF NUECES s
KNOW ALL BY THESE PRESENTS
This lease is entered into by and between the City of Corpus Christi ("City"), a Texas
home-rule municipal corporation, acting through its duly authorized City Manager, or the
City Manager's designee, and Universal Little League ("Lessee"), a Texas nonprofit
association, Corpus Christi, Texas, operating for the purpose of providing youth
baseball programs for the citizens of Corpus Christi, acting through its duly authorized
President
Section 1. Definitions, For the purposes of this Lease:
City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation.
City Council means the City Council of the City,
City Manager means the City Manager of the City or the City Manager's designee.
Engineering Services Director means the City's Director of Engineering Services.
Holdover Period means any period of time in which the Lessee remains in the
Premises after the expiration of the original term of this Lease and continues to
provide consideration in lieu of paying rent to the City under the terms of this lease.
Improvements means buildings and other structures located on the Premises.
Lease means this document, including all attachments and exhibits that are referred
to in this document.
Lessee means UNIVERSAL LITTLE LEAGUE, a Texas nonprofit association,
Corpus Christi, Texas.
Parks and Recreation means the City's Parks and Recreation Department.
Director means the City's Director of Parks and Recreation or the Director's
designee,
2006-124
03/28/0tl )C Unlvers,aIUttleLeague, Lease&, UseAgmt.5yr.doc
Ord02670.~
l niver'lal Little league
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Premises means a tract or parcel of land at Greenwood/Horne Youth Sports
Complex designated as shown on the attached drawing, Exhibit A 1, together with
all improvements
Regular hours of operation means the regularly scheduled hours of Lessee's
operation.
Risk Manager means the City's Director of Risk Management or the Risk
Manager's designee.
Sign means any signs, advertisements, notices, or other lettering that are exhibited,
inscribed, painted, erected, or affixed on or about the Premises, or any part of the
Premises.
Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to
enable Lessee to provide youth baseball programs for the citizens of Corpus Christi.
Lessee may not operate the Leased Premises for any other purpose without the prior
written approval of the Director.
Section 3. Leased Premises. The Leased Premises is a tract or parcel of land in
Greenwood/Horne Youth Sports Complex designated as shown on the drawing
attached as Exhibit A 1 together with all improvements.
Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the
Leased Premises is subject to the terms and conditions in this lease. The detailed
conditions for using the Leased Premises are contained in the attached Exhibit A2..
Exhibit A2. may be amended as often as necessary upon mutual agreement by the
Director and the Lessee. This lease is made in consideration of the mutual promises
and covenants contained in this lease
Section 5. Limitation of Leasehold. City does not warrant its title to the Leased
Premises. This Lease and the rights and privileges granted Lessee in and to the
Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of
record or apparent. Nothing contained in this Lease may be construed to imply the
conveyance to Lessee of rights in the Leased Premises that exceed those owned by
City
Section 6. Term. Subject to all provisions of this Lease, City leases the Premises to
Lessee for a term offive (5) years. However, either party, with or without cause, may
terminate this Lease by giving thirty (30) days written notice to the other P9.rty. Section
If A conta~s termination provisions for default. This Lease begins on th~ day of
'i" l"lV':Al ,200~(the day of final City Council approval).
~
a. Lessee may continue to occupy the Premises after the expiration of this Lease
on a month-to-month tenancy if the Lessee continues to provide consideration in lieu
of paying monthly rent as required by this lease, and upon the same terms and
conditions as set out in this lease
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b. The Holdover Period may not exceed six months in length.
c. The City Manager has the absolute right to terminate the month-to-month
tenancy with or without cause upon thirty (30) days written notice to Lessee.
Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased
Premises or if the Lessee fails to take possession of the Leased Premises within ten
days after commencement of the term of this Lease, then this Lease shall terminate
automatically and City Manager may take immediate possession of the Leased
Premises. "Abandoned" means that the Leased Premises become vacant or deserted
for a continuous period of thirty (30) days.
Section 8. Cessation of Use.
a. If Lessee for any reason ceases to use the Leased Premises for the purposes
specified in Section 2, Lessee has the right during the first year following the
cessation of use to terminate this Lease by written notice to the City Manager.
b. The written notice of termination must be given at least three (3) months prior to
the effective date of termination.
c. If the cessation of use occurs and continues for one year or longer, and Lessee
does not exercise the right to terminate this Lease, then the City may terminate this
Lease by giving Lessee at least one (1) months notice prior to the effective
termination date.
d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon
termination, but no consideration provided prior to termination will be refunded.
e. During any cessation of use, Lessee must maintain and regulate the use and
occupancy of the Leased Premises at Lessee's expense as specified in Sections 2,
4, 22, 24, 28, and 29
Section 9. Surrender. Lessee acknowledges and understands that the City's
agreement to lease the Premises to Lessee is expressly conditioned on the
understanding that the Premises must be surrendered, upon the expiration, termination,
or cancellation of this Lease, in as good a condition as received, reasonable use and
wear, acts of God, fire and flood damage or destruction where Lessee is without fault,
excepted
Section 10. Lease Consideration. For and in consideration of the rights and
privileges granted in this lease, and in lieu of lease payments to the City, Lessee must
construct, maintain, and operate a public youth baseball program on the Premises.
Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as directed
In writing by the Director
Section 11. Bylaws/Constitution, and Membership and User Requirements; Hours
and Terms of Operation; List of Officers; Lessee Responsible for Activities.
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a. Bylaws/Constitution. Attached as Exhibit B is a certified copy of Lessee's
Bylaws/Constitution. Attached as Exhibit C is a certified copy of Lessee's Schedule
of Activities, Hours and Terms of Operation, Membership and User Fees.
Membership and User Requirements and Fees must be reasonable so that the
Premises and improvements are reasonably available for use by the public.
Exhibits Band C are collectively referred to as "operation documents." Lessee
may not make any change in the originals of any of these operation documents
without prior written consent of the Director. The written consent and certified copies
of the revised operation documents must be attached to this lease as Exhibits.
b. List of officers. Lessee must annually submit its current list of Officers and
Board of Directors to the Director List will include name, title, address, and phone
number for each Officer.
c. Lessee responsible for activities on Premises. Notwithstanding any right of
City to inspect or approve any improvement or activity under this lease, Lessee
covenants that it and its members are solely and exclusively responsible for all
activities on the Premises and have control of the Premises; that the City has no
responsibility for safety of, or any activity on, the Premises; and that Lessee shall not
rely on any City inspection or action. Lessee is solely responsible for the safety of
all activities on the Premises.
Section 12. Alterations.
a. Lessee may not make any alterations, additions, or improvements to, in, on, or
about the Premises, without the prior written consent of the Director. Lessee must
also obtain clearance from the Risk Manager as required by Section 29.f. of this
Lease
b. Lessee, if directed by the Director, must construct and maintain screening or
other safety barriers to ensure, to the extent reasonable, that baseballs are confined
to the premises.
c. Prior to making any alterations, additions, or improvements to, in, on, or about
the Premises, Lessee must submit the plans and specifications for the alterations,
additions, or improvements to the Director, and Engineering Services Director for
review and written consent.
d. If the Director and Engineering Services Director consent to, and the Risk
Manager grants clearance for, the alterations, additions, or improvements, the
Lessee shall obtain all required permits for the construction; and the construction is
subject to inspection by the Director, Engineering Services Director, City's Building
Official, and their designated representatives.
e. All approved alterations, improvements, and additions made by the Lessee upon
the Premises, although at Lessee's own expense, shall, if not removed by Lessee at
any termination or cancellation of this Lease, become the property of the City in fee
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simple without any other action or process of law. Lessee agrees to be contractually
and financially responsible for repairing any and all damage caused by the removal.
If items are installed in a manner that they become fixtures, the fixtures may not be
removed by Lessee upon termination and become the property of the City.
Section 13. Taxes, Assessments, Licenses, and Fees.
a. Lessee must pay, in full prior to each respective due date, all taxes,
assessments, licenses, and fees required by the Lessee's use of the Leased
Premises; this includes, but is not limited to, any ad valorem taxes, personal
property taxes, and sales taxes, that could be assessed against the Leased
Premises and any buildings, improvements, or fixtures appurtenant to the Leased
Premises.
b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes,
Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes
according to Circular E Employer's Tax Guide, publication 15, as it may be
amended.
c. Lessee must provide proof of payment of all taxes within 30 days after Director
requests proof of payment. Failure to payor provide proof of payment is grounds to
terminate this Lease
Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of
the City during the term of this Lease, and including during any Holdover Period that
may occur
Section 15. No Liens. Lessee agrees not to permit any mechanic's lien,
materialman's lien, tax lien, or any other lien to become attached to the Leased
Premises, or any part or parcel of the Leased Premises, or the improvements on the
Leased Premises, because of any work or labor performed by any mechanic, materials
fumished by any materialman, or any other reason.
Section 16. Assignment and Subleasing.
a. Lessee may not assign or encumber this lease, without the prior written consent
of the City Manager. Any assignment or sublease must be approved in advance by
the City Manager. which approval will not be unreasonably withheld.
b. Upon approval of the assignment, Lessee may request the City to release
Lessee from any further liability under the Lease. City will grant the release if the
assignee covenants to assume all obligations and duties of Lessee of this Lease.
c. Any attempted assignment or sublet without the prior written consent of the City
Manager renders this Lease void.
d. An assignment of the Lease under the same terms and conditions is not an
amendment of the Lease.
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Section 23. Furniture, Fixtures, and Equipment.
a. It is understood that Lessee is responsible for furnishing and equipping the
Premises and that the City has no obligation to furnish any equipment or furnishings
for Lessee.
b. All personal property and trade fixtures furnished by or on behalf of Lessee
remain the property of the Lessee, unless the personal property and trade fixtures
are specifically donated to the City during the term of this Lease or any Holdover
Period
c. The Director retains the right to approve all furnishings and fixtures that may be
installed in the Premises, during the term of this Lease and any Holdover Period,
prior to installation.
Section 24. Utilities. The attached Exhibit A2 governs the responsibility for utilities.
Section 25. City's Right of Inspection. Any officer or authorized employee of the City
may enter upon the Premises, at all reasonable times and without notice, to determine
whether Lessee is providing maintenance in accordance with and as required by
Section 22 or for any other purpose incidental to the City's retained rights of and in the
Premises
Section 26. Director's Right to Access Premises in Emergency.
a. Lessee shall provide the Director with keys to the Premises, and a current list of
names and phone numbers, for use by the Director, in the event of an emergency.
b. The Director has the right to enter the premises during the regular hours of
operation or at anytime in an emergency.
Section 27. City Use. The City retains the right to use or cross the Premises with
utility lines and easements. City may exercise these rights without compensation to
Lessee for damages to the Premises from installing, maintaining, repairing, or removing
the utility lines and easements. City must use reasonable judgment in locating the utility
lines and easements to minimize damage to the Premises.
Section 28. Indemnity. In consideration of allowing Lessee to use the
Premises, Lessee ("Indemnitor"") covenants to fully indemnify, save
and hold harmless the City, its officers, agents, representatives, and
employees (collectively, "Indemnitees") from and against any and all
liability, loss, damages, claims, demands, suits, and causes of action
of any nature whatsoever asserted against or recovered from City on
account of injury or damage to person including, without limitation on
the foregoing, premises defects, workers I compensation and death
claims, or property loss or damage of any other kind whatsoever, to
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the extent any injury, damage, or loss may be incident to, arise out of,
be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part: (1) Lessee S performance under this
Lease; (2) Lessee s use of the Premises and any and all activities
associated with the Lessee's use of the Premises under this Lease;
(3) the violation by Lessee, its officers, employees, agents, or
representatives or by Indemnitees, or any of them, of any law, rule,
regulation, ordinance, or government order of any kind pertaining,
directly or indirectly, to this Lease; (4) the exercise of rights under
this Lease; or (5) an act or omission on the part of Lessee, its officers,
employees, agents, or representatives or of Indemnitees, or any of
them, pertaining to this Lease, regardless of whether the injury,
damage, loss, violation, exercise of rights, act, or omission is caused
or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the
sole negligence of Indemnitees, or any of them, unmixed with the fault
of any other person or entity, and including all expenses of litigation,
court costs, and attorneys' fees, which arise, or are claimed to arise,
out of or in connection with the asserted or recovered incident.
Lessee covenants and agrees that, if City is made a party to any
litigation against Lessee or in any litigation commenced by any party,
other than Lessee, relating to this Lease, Lessee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend City in all actions relating to
this Lease with legal counsel satisfactory to the City Attorney, and
pay all charges of attorneys and all other costs and expenses of any
kind whatsoever arising from the liability, injury, damage, loss,
demand, claim, or action.
Section 29. Insurance.
a. Lessee shall secure and maintain at Lessee's expense, during the term of this
Lease, insurance of the type and with the amount of coverage shown on the
attached Exhibit 0, which is incorporated in this Lease by reference. Lessee shall
use an insurance company or companies acceptable to the Risk Manager. Failure
to maintain the insurance during the term of this Lease, at the limits and
requirements shown on Exhibit 0, constitutes grounds for termination of this Lease.
b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy
of and operations at the Premises. The Certificate of Insurance must provide that
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the City will have thirty (30) days advance written notice of cancellation, intent to not
renew material change, or termination of any coverage required in this Lease.
C. Lessee shall provide, during the term of this Lease, copies of all insurance
policies to the Risk Manager upon written request by the City Manager.
d. The Risk Manager retains the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if necessary
in the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted. In the event of any necessary increase, Lessee must receive thirty (30)
days written notice prior to the effective date of the requirement to obtain increased
coverage.
e. If alcoholic beverages are served on or in any Premises covered by this Lease,
the Lessee shall additionally obtain or cause to be obtained alcoholic beverage
liability insurance in the amount of one million dollars ($1,000,000.00) covering the
event or time period when alcoholic beverages are to be served.
f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed addition
or alteration will not necessitate a change or modification in the existing insurance
coverage maintained by Lessee. This clearance is in addition to the prior consent
required by Section 12(a) of this lease.
Section 30. Default. The following events constitute default under this Lease:
(1) Failure to provide consideration in lieu of paying rent or failure to make other
payments under this Lease.
(2) Failure to pay utilities before the due date.
(3) Failure to perform scheduled maintenance.
(4) Abandonment of the Premises.
(5) Failure to maintain any insurance coverages required in this lease.
(6) Failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises.
(7) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any
event of default, City, at its option, in addition to any other remedy or right given under
this Lease or by law, may do one or more of the following:
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(1) City may give notice to Lessee that this Lease terminates upon the date specified
in the notice, which date will be no earlier than five (5) days after the giving of the
notice
(2) Immediately or at any time after the occurrence of the event of default and
without notice or demand, or upon the date specified in a notice, if given, or in any
notice issued under law, City may enter into and upon the Leased Premises and
retake possession, by legal proceedings or otherwise, expel Lessee and anyone
claiming through or under Lessee, remove Lessee's or a claimant's goods and
effects, forcibly if necessary, and store the goods in the name and at the expense of
Lessee
Section 32. Enforcement Costs. If the City files any legal action or proceeding to
repossess the Premises, collect the lease payment(s) due under this Lease, collect for
any damages to the Premises, or to enforce in any other way the provisions of this
Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of
competent jurisdiction adjudges as reasonable attorneys' fees in the action or
proceeding, or in an appeal, if a judgment is rendered in favor of the City.
Section 33. Modifications. No provision of this Lease may be changed, modified, or
waived, unless the change, modification, or waiver is made in writing and signed by
persons authorized to sign agreements on behalf of each party.
Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director.
Section 35. Notice.
a. All notices, demands, requests, or replies provided for or permitted under this
Lease by either party must be in writing and must be delivered by one of the
following methods: (i) by personal delivery; (ii) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery
service, for which service has been prepaid; or (v) by fax transmission.
b. Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will
be deemed effective one (1 ) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax transmission will be deemed
effective upon transmission with proof of delivery.
c. All the communications must only be made to the following:
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IF TO CITY:
City of Corpus Chnstl
Parks and Recreation Dept.
P.O. Box 9277
Corpus Christi, TX 78469-9277
Attn: Director of Parks & Recreation
(361 ) 880-3464
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IF TO LESSEE:
Universal Little League
A TIN: President
4035 Greenwood Drive
Corpus Christi, TX 78416
(361) 855-4272
d. Either party may change the address to which notice is sent by using a method
set out in subsection a. of this section. Lessee shall notify the City of an address
change within ten (10) days after the address is changed.
Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures
In performance due to any cause beyond the party's control including, without limitation,
any delays or failures in performance caused by strikes, lock outs, fires, acts of God or
the public enemy, common carrier, severe inclement weather, riots or interference by
civil or military authorities. The delays or failures to perform extend the period of
performance until these exigencies have been removed. The Lessee shall inform the
City in writing of proof of the force majeure within three (3) business days or otherwise
waive this right as a defense.
Section 37. Relationship of Parties. This Lease establishes a landlord/tenant
relationship, and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease, the City and Lessee will each act in
an individual capacity and not as agents, representatives, employees, employers,
partners, joint-venturers. or associates of one another. The employees or agents of
either party may not be, nor be construed to be, the employees or agents of the other
party for any purpose.
Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the
City and Lessee, and no third party has any rights or claims under this Lease or against
the City.
Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, as required by the City's Charter, in the legal section
of the local newspaper.
Section 40. Interpretation. This Lease shall be interpreted according to the Texas
laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas,
where this Lease was entered into and will be performed.
Section 41. Survival of Terms. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
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the parties have expressly agreed survive any the termination or expiration; (b) remain
to be performed: or (c) by their nature would be intended to be applicable following the
termination or expiratiofl of this Lease
Section 42. Captions. The captions utilized in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions of this Lease.
Section 43. Severability.
a. It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease be given full force and
effect for its purpose Therefore, if, for any reason, any section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease or the application of this
Lease to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Lease, or the application of the
term or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected by the law or judgment.
b. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Lease, then the
remainder of this Lease is not affected, and in lieu of any illegal, invalid, or
unenforceable clause or provision, a clause or provision, as similar in terms to the
illegal, invalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable, will be added to this Lease automatically.
Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was
entered into and will be performed
Section 45. Entirety Clause. This Lease and the attachments and exhibits
incorporated into this Lease constitute the entire agreement between the City and
Lessee for the purpose granted. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Lease,
unless contained in this Lease are expressly revoked, as the parties intend to provide
for a complete understanding within the provisions of this Lease and its exhibits of the
terms, conditions, promises, and covenants relating to Lessee's operations and the
Premises to be used in the operations.
Section 45. Binding Lease. It is further mutually understood and agreed that the
covenants and agreements contained in the Lease, to be performed by the respective
parties, are binding on the parties, and their respective successors and assigns.
Section 47. Acknowledgment. Each party expressly agrees that it has independently
read and understood this Lease. By Lessee's execution of this Lease, Lessee
acknowledges and understands that this Lease is not binding on the City until properly
authorized by the City Council and executed by the City Manager, or designee.
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EXECUTED IN DUPLICATE ORIGINALS on the ..) yel(jay of ) \lGvt cI. J I 2006.
LESSEE: UNIVERSAL LITTLE LEAGUE
~, '
By: />" ..vtl--<-^..
President
0:"
r+\ '------;
y
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on\~evu:i, .3 , 20oi., by
1 V\,~'~-a./ ,President of Universal Little League, a Texas nonprofit association,
on behalf 0 the association.
.~c.~
NotarYl'ublic, State of Texas
Printed Name: "
L~-.k-
Seal:
Expiration Date: S ,-". ~0{. ~
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~
~
COUNTY OF NUECES 9
1 " ~
This instrument was acknowledged before me on ~ I J ) 7 , 2000, by
George K. Noe, City Manager of the City of Corpus C ristl, a Texas home-rule
Municipal Corporation, on behalf of the corporation.
"\
\
ATTEST:
! ~ <. I
L ) r}Y'"Gl(~: 4-
Armando Chapa \"
City Secretary
I
.1- <6 {Vl C\,. t- :A\ ~
OVED 'Y1 ~bef 200$
"'I
./'
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS
Page 14 of 14
CITY OF CORPUS CHRISTI
~~
G rge K. Noe
City Manager
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(jY COU"'Cll. _...--...N..~ . .
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-SE'cmA;V-(/L--
~"". " OLGA DELACRUZ
$..: '.^; Notary Public, State of Texas
~ ~{!l:-:"~J Mv CommisSion Expires
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'~;.i'\\~"~ August 19, 2009
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EXHIBIT A2
DETAILED CONDITIONS FOR USING PREMISES
CITY OF CORPUS CHRISTI, TEXAS
YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT
WITH THE UNIVSERAL LITTLE LEAGUE
This Exhibit A2 contains detailed conditions for using the Premises ("Premises"). This
ExhibitA2 is attached to and governed by, and the Premises is defined in, the Youth
Sports Complex Lease and Use Agreement between the City Of Corpus Christi,
Texas and Universal Little League.
1. Lessee Services and Responsibilities.
1.1 Baseball. Youth baseball will be offered at various different skill levels. Lessee may
also hold tournaments with dates to be determined in conference with Parks
Director. Dates of the tournaments must be requested as soon as possible each
year. The Parks Director will inform Lessee as soon as dates have been
determined. All members of all teams playing on Lessee's Premises must be
registered with a nationally recognized baseball organization. Lessee may grant use
rights for Lessee's Premises to nationally recognized baseball organization
registered teams for practice.
1.2Citv Use. If Lessee is not using its Premises, City may use any or all of the area for
recreational purposes. The City reserves the right to accept tournament play at any
City baseball field at the rate schedule established by the Park and Recreation Fee
Ordinance. These tournaments will be independent of any tournament associated
with the regular adult league play.
1.3Maintenance. Lessee must maintain the Premises. If Lessee fails to perform
maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City
may do so and bill Lessee. Lessee must pay City within 30 days after Parks
Director's written demand. At a minimum, maintenance includes:
a. Lessee shall pick up and properly dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
b. Lessee shall keep the Premises (including any buildings, permanent or
temporary) operational and in good repair; including, but not limited to, lining
the playing field, taking out and putting up the bases each evening,
maintaining the infield, and cleaning and maintaining the interior of the
buildings and restrooms
C. Lessee shall keep safe and in good repair the bleachers; Lessee must repair
the bleachers within 48 hours after the need for repair is, or should have
been discovered.
H :\LE G-DI R\OlgaR\Doyle\Park& Rec\L ittle Leagues\06.0 1 24DC. U nivers.al Litil. eLeague. Exhibit.A2 .doc
d, Lessee must immediately report any vandalism to the Parks Director, or
designee. and the Corpus Christi Police Department, Nueces County,
Texas:
e. Lessee must keep any parking areas and access roads free of debris,
properly deSignated, and free of potholes in accordance with standards
issued by the Parks Director. Lessee must repair potholes using the
appropriate material, concrete or asphalt, within ten (10) working days after
the need for repair is or should have been discovered;
f. Lessee must ensure that parking is confined to designated areas;
g. Lessee must maintain the Premises within the Lease boundary lines.
Lessee shall be responsible for maintaining the grass at a safe height not to
exceed six (6) inches. Lessee will water the Premises, in compliance with
any effective drought plan.
1.4Reaistration, etc. Lessee will promote the program so that the public is aware of
the organization's activities. Lessee will conduct all registration, take all fees,
schedule all games, including makeup games and playoff games, and provide
trophies for the top team in each league.
1.5Utilities. Where practical, as determined in the sole discretion of Parks Director,
Lessee must install and pay for its own utility meters and Lessee must have all
utility service providers bill Lessee for all utilities. Lessee must promptly pay all
utility bills so that none of those bills become delinquent. Lessee must pay for all
utilities, such as electricity, water, wastewater, solid waste, and phone associated
with its usage of the Premises. Electricity for field lights will be billed at the
established fee of $8.00/hr for night games.
1.8Field Playability, The City reserves the right to cancel play at Premises when field
conditions, as determined by the Athletics Program Manager, may cause player
injury or damage to the Premises. Every effort will be made to determine conditions
by 4:00 p.m, unless there is rain or other bad weather after 4:00 p.m. in which case
the Athletic Supervisor will notify Lessee as soon as the adverse conditions have
been determined
1.7Umpires. Lessee must provide and pay for umpires for each scheduled game.
1.8Complaint Notice. Lessee will post a notice at Premises, in a form approved by
the Parks Director, that if any participant or spectator has any complaints or
concerns they may contact the City at 880-3461 and talk to the Parks Director, or
designee.
1.9Sportsmanship Program. Lessee shall require that all of its coaches and at least
one family member of each youth participant shall take a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
H :\LE G-DI R\Olga R\Doyle\P ark& Rec\L ittle Leagues\06.0 124DC, U nivers.al Littl.eLeague. Exh ibit.A2 .doc
2. City Responsibilities.
2.10ebt Service. City will pay bond debt for Premises.
2.2Maintenance. City will maintain the areas outside of the Premises determined by
this lease.
2.3Capitallmprovements. City will fund capital improvements determined by the City
that are needed at its discretion.
Contact Person. For the Lease, the City's contact person is the Parks Director.
H :\LE G-D I R\Olga R\Doyle\Park&Rec\Little Leag ues\06. 0 124DC. U n ivers .aILittl.eLeague. Exhibit.A2 .doc
('ity of Corpus Christi
Parks & Recreation Department
City I hll 1201 Leopard St.
F () Hl'\ ()277 7X4NJ-()277
C\lrpUS (hristi, Texas 7840 I
- ~I
I
J
(QNTRACLR~uirements: Bvlaws/Constitution, and Membership and User
gequircments: Hours and Terms of Operation; List of Officers
-m-J+
-m !1f
'(\\, 1~
r!: <, 'crtdied \\)p\ 01 Lessee'" tv1emhership requirements & l Jser Fees 11'\, ~ HF-
( ('alljiLt/. ,II, <1m \i,l!./It'd and dated In [)resident)
ORG \NIL\TIO!',
\1&iy e. y ~.~ \ L tt Ie
D~ 1;2.GD5
L.eAQUe.
._-------~-----.~;--
DATi.
A. Bylaws/Constitution
(I'f Certified COPy 01 Lessee's Bvlaws/Constitution
~. Certified c\)P\ 01 Lessee'" Schedule of ,......ctivities
e ('ertified C()P\ 01 Lessee'" Ilours & Terms of Operation
B. List of Officers
. (urrent list of Ot'ficers and Board of Directors & terms ot' office
I '\lame. Title. Address. and Phone numher for each Officer)
C. Secretary of State
I l.etter'1rom the Secretary of the State verifying the organIzations
"Current Status"
D. Sanctioning Authority
d I ,dter form their Sanctiolllng Authority
(I.e., Littk League, Pop Warncn saying they arc in good standing.
Comments:
~
llLl+
l1\,i+
IN VERSAL LITTLE LEAGUE BY-LAWS
/O/t9!D)
~p~~ ~
~o-j2 ~ \J~
10/2.'2/01
be known as the UNIVERSAL LITTLE LEAGUE
":""oca J League, H
ilF:TICLE
Nt.,ME
This organizatior
~ereinafter referred
s ha 1 I
to as
"PTICLE
iJBJ E';T VE
SECTION 1
The objective of the Local League shal i be to implant firmly in
the children of the community the ideals of good sportsmanship,
nonesty,loyalty,courage and respect for authority,so that they may
be well adjusted,stronger and happier children and will grow to be
good,decent,healthy and trustworthy citizens.
SECTION 2
To achieve this objective, the Local League will provide a super
vised program under the RULES and REGULATIONS of LITTLE LEAGUE BA-
SEBA~L. INCORPORATED. AI I Dlrectors,Officers,and Members shall bear
in mind that the attainment of exceptional athletic skill or the
~inning of games is secondary,and the molding of ~uture citizens
is of prime importance.
SECTION 3
In accordance with SECTION 501-(C)-(3) of the FEDERAL INTERNAL
REVENUE CODE. the Local League shal I operate exclusively as a non-
profit educational organization providing a supervised program of
competitve basebal I and softball games.No part of the net earnings
shall inure to the benefit of any private shareholder or indivi-
dual;no substantial part of the activities of which is carrying on
propaganda,or otherwise attempting to influence legislation.and
which does not participate in or intervene in any political cam-
paign on behalf of any candidate for public office.
ARTICLE I! 1- MEMBERSHIP
SECTION 1
ELJGIBILITY.Any person sincerely interested in active partici-
pation to futher the objective of this Local League may apply to
become a Member,
SECTION 2
C~ASSES.There shall be the fol lowing classes of Members:
(A)PLAYER MEMBERS. Any player candidate meeting the requirements
best interests of the Local League andlor Little League Base
a l ! ,
(B)The Member irvolved shall be notified at least 24 hours in
advance of such meeting, informed of the general nature of
the charges and given an opportunity to appear at the meet-
lng to answer such charges.Any charges against any Member of
any class,shai 1 be made in writting to the President or the
Vice-President within 48 hours of incident of misconduct.
(C)The Board of Directors shall, in case of a Player Member,give
notice to the manager of the team for which the player is a
Player t1ernber. Said manager shall appear, in the capacity of
an adviser, with the player before the Board of Directors or
a july appointed committee of the Board of Direotors.The pIa
)"e1"s parent(s) or legal quardian(s) may also be present. The
Board of Directors shal! have full power to suspend or revo-
ke such player's rlght to future participation by two/thirds
vote of those present at any duly constituted meeting(quorum
15 required).
ARTICLE
V-DUES FOR REGULAR MEMBERS
SECTION 1
Dues for Regular Members may be fixed at such amounts as the
Board of Directors shall determine for a particular year. <See Ar-
ticle XI,Section 7 for the fiscal year of this league-.}lf no dues
for Regular Members are col lected,Section 2 below does not apply.
SECTION 2
Regular Members who fail to pay their fixed dues within 30 days
of application to become a member may,by majority vote of the
Board present at a Board meeting,be dropped from the rolls,and
shall forfeit al I rights and privileges of membership.
ARTICLE V-GENERAL MEMBERSHIP MEETINGS
SECTION 1
DijfINITION.A General Membership Meeting is any meeting of the
membership of the league(including Special General Membership Meet
ings,Section 7).A minimum of one per year(Annual Meeting,see Sec-
tion 6)is required.
SECTION 2
NqTICE OF MEETING. Notice of each General Membership Meeting
shall be delivered personally,electronically or by mail to each
Member at the last recorded address at least 10 days In advance of
the lIte-eting, setting forth the place,time,and pUI'~e of the lIteet-
ing. In lien of the above methods,notice may be given in such form
as may be authorized by the Members,from time to time-,at a regular
convened General Membership Meeting.
e of al
Regular Members present such election meeting.
SECTiON 3
VACANCIES. If any vacancy occurs 1n the Board of Directors,by
death,resignation or otherwise, it may be fll led by a majority vote
or the remaining Directors at any regular Board meeting or at any
Special Board Meeting cal led fOr that purpose.
SECTION 4
BOARD MEETING,NOTlCE and QUORUM.Regular meetings of the Board of
Directors shall be held immediately fol lowing the Annual Meeting
and on such days thereafter as shall be determined by the Board.
(A)The President 'Jr the Secretary may, whenever they deem it ad~
visable,or the Secretary shal I at the request in writing of
3 Directors, issue a call for a Special Board Meeting. In the
case of Special Board Meetings,such notice shall include the
purpose of the meeting and no matter not so stated may be act
ed upon at the meeting.
(B)Notice of each Board meeting shal I be given by the Secretary
to each Director either by telephone crr by perscrrtal notice,at
least 48 hours before the meeting.
(C)A simple majority of the members of the Board of Directors
shaJ I constitute a quorum for the transaction of business. If
a quorum is not present,no business shall be conducted.
:D)Only members of the Board of Directors may make motions and
vote at meetings of the Board of Directors.However,the Board
of Directors may invlte,admlt and recognize guests tor pre-
sentations 0, comments durlng Board meetin~~
SECTION 5
DUTIES AND POWERS. The Board of Directors shall have the power to
appoint such standing and special committees as it shall determine
appropriate and to delegate such powers to them as the Board shall
deem advisable and which it may properly delegate.
The Board may adopt such rules and regulations for the conduct
)f its meetings and the management of the Local League as it may
deem proper, provided such rules and regulations do not conflict
~ith this By-Laws>
The Board shall have the power by two-thirds vote of those pre-
sent at any regular or Special Board Meeting to disciline,suspend,
or remove any Director or Officer or Committee Member ot the Local
League in accordance with the procedure set forth in Article III,
Section 4Ia,b).
SECTION 6
RULES of ORDERS for BOARD MEETING.Robert's Rules of Oder shall
govern the proceeding of all Board of Directors meetings, except
where same conflict with this By-Laws of the Local League.
, 'i:T r~ L E
-) rr~s AND POWERS OF THE BOARD
3ECTJON 1
APPOINTMENTS..n\e Board of irector~; may appoint such other offi-
~rs 0 3gen:s as it may deem necessary or desirable,and may pres-
:ibe '~e powers ard duties Jf each.Appointed officers or agents
< ~; all e './ e n ~) ~ / 0 1- e ] n act::, i un s t a ken by the Boa r d 0 f D ire eta r sun -
ess such individuals haJe been elected to the Board by the member
~ip 0 have been electej '0 fil I a vacancy on the Board.
3ECTION '2
PRESIDENT.The President shall:
AiConduct the affairs of the Local League and execute the poli-
cies established by the Board of Directors.
(B) Present a report of the condition of the Local League at the
Annual Meeting.
C)Communicate to the Board of Directors such matters as deemed
appropriate,and make such suggestions as may tend to promote
the welfare of the Loca League.
DlEe responsible for :he conduct of the Local League in strict
conformity to the policies,principles,RULES and REGULATIONS
of LITTLE L~AGUE BASEBALL, INC. ,as agreed to under the condi-
tions of charter issued to the Local League by that organiza-
t: Dr].
E)Designate ir writing other officers. if necessary,to have pow-
er ~o make and execute forland in the name of the Local Lea-
gue such contracts and leases they may receive and which have
pI i:cr apptQ'Jal of the Board.
..F) Investigate complaints, irregularities and conditions detrimen
tal to the Local League and report thereon to the Board or Ex
ecutlve Committee as circumstances warrent.
G)Prepare and submit an annual budget to the Board of Directors
and be responsible for the proper execution thereof.
H)With the assistance of the Player Agent,examine the applica-
tion and support proof-of-age documents of every player candl
date and certify to residence and age eligibility before the
player may be accepted for try-outs and selection.
SECTION 3
VICE-PRESIDENT.The Vice-President shall:
(A)Perform the duties of the President in the absence or disabi-
lity of the President,provided helshe is authorized by the
President or Board so to act. When so acting.the Vice-Pesident
shal! have all the powers of that office.
(B)Perform such duties as from time to time may be assigned by
the Board of Directors or by the President.
SECTION 4
SECRETARY.The Sec~etary shat 1:
(A)Be reponsible ~or recording the activities of the Local Lea-
a c. sac : i n (r 5 e lee ': (. n m e e tin g s .
DiP epare tbe Player Agent's list.
'E)Prepare f r the Presidert's signature ard submission to Lit-
e League Headquarters.team rosters. including players claim-
e.,Cind "e Ol.rnament '.eam eligibiiity affidavit.
F N t,fi Litt e ,--eegue Headquarters of any subsequent player re
F 3 ament :>
l rades
:;ECT I ON I
SAFETY OFFICER.Jhe Safety Officer shal I:
A)Be eponsible to create awareness. through education and infor
matron of the opportunities to provide a safer environment
for :hildren and al participants of Little League Baseball.
B!Dev~:op and implement 3 plan for increasing safety of activi-
ties.equipment and ~aci ities through education.compliance
and repcrting.
C IDe f :1 e a pro C e '3 s t 0 ass u r e t hat i n c ide n t s are I' e cor d ed, i n for --
mat )n is ~ent to league/district and national offices. and
tol owu~ information on medical and other data is forwarded
a S .5J a i I a b 1 e .
::;ECT I ON 8
LEAGUE. INFORMATION OFFICER. The League Information Officer shall:
'A)Manage the league's official home page on my team. com;
B)Manage the online registration process and ensure that league
rosters are maintain on the site:
ClAss gn administrative rights to league volunteers and teams;
ID)Ensure that league news and scores are updated on a regular
basis;
E)COI ect,post a d distribute important information on League
activities including direct dissemination of fund-raising and
sponsor activities to Little League Basebal l,district,public,
league members and media;
{F)Serve as primary contact person
com regarding ~ptimizimg uSe of
nlstratian and for distributing
and to Little I,eague Baseball.
for Little League and my team.
the Internet for league admi-
information to league members
SECTION 9
COACHING COORDINATOR. The coaching coordinator shall:
(A)Repersent coaches/managers in the LocaL League;
CB)Present 3 ~oach/manager training budget to the Board;
C)Gain the support and funds necessary to implement a league-
wide training program;
D)Order and distribute training materials to players,coaches
and managers;
-E)Coordinate mini-clinics as necessary;
(F)Serve as the contact person for Little League and its manager
coach educatIon program for the LocaL League.
SECTION 10
FINANCE/FUND RAISER COMMITTEE. The Board of Directors shal I ap-
point a Finance/Fund Raiser Committee consisting of three (3) nor
more than five (5) Directors and other appointed Regular Members.
rhe Treasurer shal be a member of the Committee.The Committee
=hal I i"'Jestigate ,.Jays and means of financing the Loca! League in-
-luding ream sponsJfships and submit recommendations to the Board
t [, ire ~ 0 r s .
,;ECT I ON 3
AUDITiNG COMMiTTEE.The Board of Directors shal I appoint an Audi-
lng Committee consisting of three (3) Directors and other appoint
ed Regular Members The President,Treasurer or signatories of the
_oca! League's checks are not eligible.The Committee shall review
:he Local League's books and records annually prior to the Annual
~eeting and attach a statement of its finding to the annual finan-
:ial statement Of the President and Treasurer;or may,if directed
y the Board or irectors or Membership,secure the services of a
-ertified Pub] Ie Accountant to accomplish such review.
At tne conclusior of each Fund Raising Project the Committee
shal I audit the hooks of the Fund Raiser Project.At the conclusion
jf the basebal season the Committee shal I audit the Concession
::;tand books.
SECTION 4
DISTRICT COMMITTEE.The Board of Directors shall appoint a Dis-
trict Committee oonsisting of the Local League President as chair
man and two ,2' other Directors.The Committee shall assist the Dis
trict Administrator in inter league district functions including
the selection of members of the District Administrator's Advisory
ornmlttee and the select on ()f tournament sites and area tourna-
ment directors.
ARTICLE ~-OTHER COMMITTEES
SECTION 1
The Board of Directors shal I have the power to appoint such spe-
cial committees as it shall deem necessary and to delegate such
powers to them as the Board shall deem advisable and which it may
properly delegate.
SECTION 2
All Committees shall advise with and assit the Board of Director
of the Local League in matters concerning its interests and manage
ment of its affairs,but in no event wil I any Committee have autho-
rity over the Board of Directors.
ARTICLE Xl-AFFILIATION
SECTION 1
ment of uocal League funds for other than the conduct of Little
i.sague activities in accordance with the rules,regulations and po-
ieles of Little League Baseball, incorporated.AI I disbursements
shal i be made by check.AI 1 checks shai J be signed by the Local Lea
gue Treasurer and 5~ch other officer or officers or person or per-
s s as 'he Boald of Directors shal I determine.
SECTION 5
COMPENSATION.No Director,Officer or Member of the Local League
shall receive,directly or indirectly any salary,compensation or
emolument from the Local League for services rendered as Director,
OffiCer or Member
SECTION 6
DEPOSITS.AI I moneys received, including Auxiliary Funds,shall be
deposited to the credit of the Local League in/at NUECES NATIONAL
BANK, 1434 So. Port Ave. ,Corpus Christi. Texas.
SECTION 7
FISCAL YEAR. The fiscal year at the Local League shal I begin on
October 1 and sha! I end on September 30.
SECTlON 8
DlpRIBUTION OF PROPERTY UPON DISSOLUTION. Upon dissolution of the
Local League and after al I outstanding debts and claims have been
satisfied,the Members shall direct the remaining property of the
Local League to another Federally Incorporated entity which main-
tains the same objectives as set forth in Article II of this By-
Laws,which are or may be entitled to eKemption under Section 501-
\ci-(3) of the internal Revenue Code or any future corresponding
provision
ARTICLE XI II-AMENDMENTS
This By-Laws may be amended,repeal,or altered in whole or in
part by a two-thirds vote at any duly organized meeting of the
Members provided notice of the proposed change is included In the
notice of such meeting.
Draft of all proposed amendments shall be submitted to Little
League Bagebal I Incorporated, for approval before implementation.
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tlt"H'~ ,~.T..,.m~ of l)nl'!"";'H!
, . ,... " -- .. .. .... .. . .. ',. _.' ,
'\lfrnh"I"sl1ip Rt'fJ"in'mf'nt, & I '1'1' F..I'~
/I ollr." &- Term,- or' )Twr"th'"
During k.eglst.-atlun of players the League is opell tor l'eglS(TatlOll Monday thru Thursday
t""m h'31) pm t,\ ~'nn pm. \nd on I,,;Mnnhy fn)m !.~O pm to 3;30 pm.
IlUnng Spnng :-,eason games (he Leagut' IS open tiunng HIt' wt'eheiay game Innn 5:30 pm to
· n-IU} ;JTr f)n S~1tH!..~t~~?i. ga!~!e~ f~..p~y~ ()'lr_' 1!1"~ ~tl .:;.. nn ;'":n~
Hunng the taU :"leason games It IS opell tJ'om j ti;jl.l am to 4:3" pm.
lIuring the off-season the League IS opt'n as nt'edt'd fur t5oar'd Mt'eting and maintanft' 01
· hA '.eng!l" ~!"HnHh'
},/cmberSlllf) Rel/lllrements & user t'ees
\s per Lmle League Regulation aU pla,yer must Itve wnhlll the Lt'ague boundaries as
rl:-nned b. !iWr! ragnt' R'sebn!! he
\11 pan'llIs (hat han' a child l'eglsttTel1 to play 'with the League an" consldel" as Regular
"l",,-"'!!ber" "r thr , f"H~nr. '\Y'.-f'! ,'ot;n2; ~.j;.;:hf('
\ II player ,H't' consulel' f>lay t'I' I". em bfl'.I;. WIt h 110 \OIl11g ngllls.
naye." Mt'nwt'.-s an' asslglu'd to l1Jtfert'nt dl\'islOns al'l"l)I'tlmg to agt'.
I -tsaU DIHslUn :- & \) year Old
l, :1ch Pi!!'!! nhisim' - & ~ yrClr>!d
1I mol' HI\' 1';/011
., '-\: III )rar Olll
,. :\'. ,'"t "I.'.!"-!~" :,.L I
""inr n~l :!-~;np
,I"" . ,-
''\.egu.ar Ht'rnhen 1I11 1101 pa) :l 11'1
nayer !\'t'moel's pay a Keglsll"allOIl rt't. 01 ,1)..)U.
\" ))el" Lillie League tlasellall JilL l"egIWtllon. 111I t""HI IlIal GUIfIUI pay rhe regisfJ"ation iee
H' '-'en!~d ~h~ !"~Ah~ tn ::"1;'
"HlCel"e)~ .
'rn~ ~MI~}t'!f
V]oses Leyba :J:if'.... \.
i', ('sideIH. i~.,an.i of Bit t"1I"1-~
I niversaJ Little League
VWIW1?,SJIL Llqt{LCE LP.JIqVP.
~035 (jreenwooa'Dr. Corpus Cliristl~ 7'e:tas 78416
(361) 855-4272
M~"MMMMMMMMMMMMMMMJlOJlOMJlOMJlOJlOJlOMJlOJlOMJlOMMMMMMMMMMMJlOJlOJlO
October 7, 2005
To: Nilesh S. Patel
City of Corpus Christi Parks & Recreation Dept.
1201 Leopard St.
Corpus Christi. Texas 78401
From: Moses Leyba Jr.
President, Board of Directors
Universal Little League
Subject: 2005-2006 Board of Directors
The Universal Little League Board of Directors is made up of 10 members. At the present
time the Board has 8 members. As soon as the Board fills it's vacancies an updated list will
be submitted.
Sincerely,
~, Cj"l.
Moses Leyba Jr. ()
President, Board of Directors
Universal Little League
pqsr
UNIVERSAL LITTLE LEAGUE
2005-2006
BOARD OF DIRECTORS
President Moses Leyba Jr. 4254 Archdale Dr.
c.c. Tx., 78416
361-854-1397
mleybajr@stx.rr.com
Vice- President Hilda Sosa 3740 MacLeod
c.c. Tx., 78404
361-887-9025
Treasurer Nellie Herrera 5933 Rio Grande
c.c. Tx., 78417
361-334-5402
Secretar~ Pedro Quiroz Sr. 4733 Molina Dr.
c.c. Tx., 78416
361-854-2516
quirozpr@aol.com
Player Agent Aucencio Gonzalez Jr. 918 Lolita
c.e. Tx., 78416
361-442-5239
Safety Officer Cindy Juarez 2305 Joyce Dr. #101
c.c. Tx., 78417
361-334-5402
Lucy Leyba 4254 Archdale Dr.
c.c. Tx., 78416
361-854-1397
Lino Juarez 2305 Joyce Dr. #101
c.c. Tx., 78417
361-334-5402
Oi4UCO~
(Hi
.. '.ixAS ..
March 14, 2005
COMPTROLLER OF PUBLIC ACCOUNTS
P.O. BOX 13528
AUSTIN, TX 78711-3528
Mr. Moses Leyba
Universal Little League Incorporated
4524 Archdale
Corpus Christi, Texas 78416
Dear Mr, Leyba:
Effective JUne 27,1985, Universal Little League Incorporated is exempt from TexaS franchise
tax and sales and use tax as a 501 (c)(3) group organization. The exemption does not extend to
hotel occupancy tax.
We have assigned Texas taxpayer ntInlbeil~l12 to the organization. Please reference
this number in correspondence with us. Th~ assignment of the taxpayer number does not mean
the organization is permitted to collect or remit Texas taxes. Exempt organizations must collect
taxes on most of their sales. Please give our Tax Assistance section a call at 1-800-252-5555 if
you need a sales tax permit.
The sales tax exemption extends to goods and services purchased for use by your organization.
The exemption does not apply if the purchase is for the personal benefit of an individual or
private party, or is not related to the organization's exempt purpose. For more information,
please see our publication # 96-122, Exempt Organizations - Sales and Purchases.
The enclosed exemption certificate can be issued instead of paying tax when buying taxable
items related to the exempt purpose of the organization. Make as many copies of the exemption
certificate as you need. The exemption certificate does not need a taxpayer number to be valid,
but you may provide your taxpayer number if the seller requests it.
Changes to the organization's registered agent and registered office address must be filed with
the Texas Secretary of State. The changes can be made online at
http://www.sos.state.tx.usJcorp/sosda/index.shtml or you can download the forms and
instructions from http://www.sos.state.tx.usJcorp/nonprofit.shtml. You can also contact them at
corpinfo@Sos.state.tx.us or by calling (512) 463-5582. It is important to maintain current
registered agent information, because this is how we will contact you if we have reason to
believe that your organization no longer qualifies for exemption.
Our goal is to provide you with prompt, professional service. Please take a moment to complete
the enclosed survey. If it is more convenient. you may complete our on-line survey at
http://aixtcp.cpa.state. tx. us/surveys/tpsurv/.
If you have any questions, write to us at exempt.orgs@cpa.state.tx.us, or call us toll-free at
1-800-531-5441, extension 3-4689. Also, our publications and other helpful information are
online at http://www.window.state.tx.us/taxinfo/exempt
Sincerely,
Page 1 of2
Leyba, Moses
From:
Sent:
To
Subject:
Mike \/Vitherwax [mwitherwax@littleleague.org)
Tuesday Septernber 27. 2005 1040 AM
i)ulrozpr@aolcc;m
Fw Letter sent to Mrs Bassett
Attachments: Tournament Enrollment Form.pdf
Moses Leyba
This is the reply from Becky in \/Vililamsport You need to send her the leagues EIN Number (it is the number
from the IRS that IS on your leagues checking account). That will getthe IRS letter. As for my letter in good
standing you need to get the attached Tournament Enrollment form filled out with what you had in tournament in
2005 and have the President and Player Agent sign it to comply with the background check requirement. Once I
recieve that to send to Headquarters I will get the letter out
Mike
_h.. Original Message hh_
From: Becky. BilsseJt
To: Mike WitherwC)x
Sent: Tuesday, September 27 20059:24 AM
Subject: RE: Letter sent to Mrs. Bassett
Probably all they need IS the 501(c)(3) confirmation letter from me along with the 3-page Letter of Determination
from the IRS that I can issue as soon as they provide me with their federal Employer Identification Number
(EI.N) issued to their league by the IRS. I can send the confirmation letters directly to the league or to your
office. whichever they/you prefer.
This league is in good standing for the 2005 season all except for not sending in a tournament enrollment form
with the signatures that they completed baCKground checks I've attached a form for that purpose which is a
requirement whether or not they participated in tournament This league will be placed on 2006 Noncompliance
Hold until the proper signatures are received
Please have them e-maii their E.I.N. and I can Issue the confirmation letter since that is a separate issue from the
noncompliance matter If they have any questions let me know
Thanks.
Becky Bassett
Operations Coordinator
Little League International
539 US. Route 15 Highway
P.O. Box 3485
Williamsport PA 17701-0485
570-326-1921 Ext. 228
Fax: 570-322-2376
bbassett@littlel~agu~ .org
-----Original Message--- -
From: Mike Witherwax [mailto:mwitherwax@littleleague.org]
Sent: Tuesday, September 27, 2005 10:09 AM
To: Becky Bassett
SUbject: Fw: Letter sent to Mrs. Bassett
Becky
Universal Little League (3432312) is requesting a letter for their use with the City of Corpus Christi stating
their in good standing with Little League I can write the letter and will do so if you confirm that they are in
good standing.
Also, they need a copy of the group IRS 501 c3 letter. They tell me they are part of the group. Let me
know if that is true If it IS send me the letter so I can include it with the other letter.
9/282005
Page 1 of2
Leyba, Moses
From:
Sent:
To.
Subject:
Mike Witherwax (mwitherwax@littleleague.org]
Tuesday September 27 2005 1040 AM
Quirozpr@aol (:om
Fw Letter sent to Mrs. Bassett
AttaChments: Tournament Enrollment Form pdf
Moses Leyba
This is the reply from Becky In Williamsport. You need to send her the leagues EIN Number (it is the number
from the IRS that is on your leagues checking account). That will getthe IRS letter. As for my letter in good
standing you need to get the attached Tournament Enrollment form filled out with what you had in tournament in
2005 and have the President and Player Agent sign it to comply with the background check requirement. Once I
recieve that to send to Headquarters I will get the letter out
Mike
----.- Original Message ---
From: BeckY~C3~sett
To: tylikeVViJhjlrwax
Sent: Tuesday, September 21,20059:24 AM
Subject: RE' Letter sent to Mrs Bassett
Probably all they need IS the 501 (c)(3) confirmation letter from me along with the 3-page Letter of Determination
from the IRS that I can issue as soon as they provide me with their federal Employer Identification Number
(E.I.N.) issued to their league by the IRS. ; can send the confirmation letters directly to the league or to your
office, whichever they/you prefer
This league is in good standing for the 2005 season all except for not sending in a tournament enrollment form
with the signatures that they completed baCKground checks I've attached a form for that purpose which is a
requirement whether or not they participated in tournament This league will be placed on 2006 Noncompliance
Hold until the proper signatures are received
Please have them e-mail their E.I N. and I ,.;an Issue the confirmation letter since that is a separate issue from the
noncompliance matter If they hale any questions let me know
Thanks,
Becky Bassett
Operations Coordinator
Little League International
539 U.S. Route 15 Highway
P.O. Box 3485
Williamsport PA 177010485
570-326-1921 Ext. 228
Fax: 570-322-2376
bPC3ss~tt@little~aglJe, org
-----Original Message-- ---
From: Mike Witherwax [mailto:mwitherwax@littleleague,orgJ
Sent: Tuesday, September 27, 2005 10:09 AM
To: Becky Bassett
Subject: Fw: Letter sent to Mrs. Bassett
Becky
Universal Little League (3432312) IS requesting a letter for their use with the City of Corpus Christi stating
their in good standing with Little League I can write the letter and will do so if you confirm that they are in
good standing.
Also, they need a copy of the group IRS 501 c3 letter They tell me they are part of the group. Let me
know if that is true. If It IS send me the letter so I can include it with the other letter.
onQ )()n"
EXHIBIT 0
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A Lessee must not commence work under this agreement until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been obtained
B Lessee must furnish to the City's Risk Manager (two) 2 copies of Certificates of Insurance, with the City named as an
additional insured for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the
following minimum coverage by insurance company(s) acceptable to the City's Risk Manager.
--_..._.._.~
MINIMUM INSURANCE COVERAGE
--
I Bodily Injury and Property Damage
day Per occurrence / aggregate
t of
$1,000,000 COMBINED SINGLE LIMIT
$1,000,000 COMBINED SINGLE LIMIT
----,,-"
TYPE OF INSURANCE
30-Day written notice of cancellation, materia
change, non-renewal or termination and a 10
written notice of cancellation for non paymen
premium is required on all certificates
Commercial General Liability including
~ Commercial Form
2 Premises .. Operations
3 Productsl Completed Operations Hazard
4 Contractual Liability
5 Broad Form Property Damage
6 Independent Contractors
7 Personal Injury
LIQUOR LIABILITY COVERAGE
If liquor being served
C In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within
ten! 1 0) day of any accident
II ADDITIONAL REQUIREMENTS
A Certificate of Insurance
The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
waiver of subrogation is also required.
blanket
If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be
amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor
to", and deleting the wording after "leW In lieu of modification of the ACORD form, separate policy
endorsements addressing the same substantive requirements are mandatory.
The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination and a 10 day
written notice of cancellation for non-payment of premium is required
B If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.8 (1 )-(7), an
authorized representative of the 'nsurance company must include a letter specifically stating whether items 1.B. (1 )-(7) are
included or excluded.
2006 Universal Little League ins req
12-06 ep Risk Management