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HomeMy WebLinkAboutC2013-003 - 1/8/2013 - Approved�.o I ac) a3 LICENSE AGREEMENT This license agreement (hereinafter referred to as "Agreement „ ) is entered by and between Nueces County ("County"), acting through its duly authorized agent whose business address is 901 Leopard, Roam 303, Corpus Christi, TX 784,01 and City of Corpus Christi ( "City"), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee who business address is 12 L eo e Z 40 (hereinafter City and County is referred to as "Licensor" ), and Nueces County Youth. Football League acting through its authorized agent whose business address __ ) Sqa, torpus Ch risti, Texas (” Licensee''): For and in consideration of the mutual covenants and agreements, contained herein, the receipt and sufficiency of which is hereby ac knowl.edged, 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 co -own property iodated at Equistar Park,. Haven. Drive in Northwest Corpus Christi .(the "Venue"') located in Nueces County, Texas during the Term o ft his Agreement for the purpose of operation.. of a'youth sport program,.specifically football program and for no other purpose.. Venue is identified by diagram (Exhibit. "A"). The. "Term of this Agreement shall be for a two (2) year 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 term prior to the'expiration of the Term. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy of Venue during Term shall be limited as detailed he rein. It is agreed that Licensee shalt 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 Tines of Occupancy when Licensee is not using the .Venue pursuant to.Article <4. CONTACT PERSON/ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administmtor for the Licensor (County and City) is, the Nueces County Director of'lnland parks or his designee. ( "Director "). 2013 -003 1108113 Ord. 029714 Nueces County INDEXED 2. LICENSE FEE/CONSIDERATION Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified Herein Licensee: agrees as follows.. Licensee agrees to use the venue as a Youth Sports program, specifically football and for na. other purpose.. Licensee agrees to maintain the venue'and any improvements in ayear round . basis, in accordance with all maintenance rules prescribed by Licensor and any rules promulgated.. in the future, specifically specified in Article 13 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 &. 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 aril authority to enter into this Agreement and to engage in the transaction. contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power.arid authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that-this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance. with the terms. hereof. Licensee shall keep the Venue in an orderly condition while . in use. 3 COMPLIANCE WITH LAWS Article 6. During the Term, Licensee shall obey and comply With all Laws, ordinances, a regulations of all federal, state, county, or Mur<icipal authorities and with all notices, re requirements and reasonable recommendations of any insurance organizations, associ or companies: with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY L FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS` I 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 nable. R Article 7. LICENSEE SHALL.INDEMNIFY AND HOLD HARMLESS LICENSOR ANI] THEIR. . RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SKITS, ACTIONS. LOSSES, DAMAGES,.C.LAIMS OR: LIABILITY-OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR:.CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES BOTH ACTUAL AND EXEMPLARY, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASSIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHET. HER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART.FROMTHE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPOOYEES. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECITON IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNITY AND PROTECT LICENSOR AND.TWEIR RESPECTIVE EMPLOYEES FROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPONCTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIIVSHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THRO.UG1-ITTHIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 4 INSURANCE REQUIREMENTS Article 8: Licensee skull maintain and pay all premium costs and deductibles, if any, for 1 following insurance coverages in amounts not less than specified through.the duration _o Terra as required by Exhibit "W entitled "INSURANCE REQUIREMENTS ". INTEGRATION CLAUSE" Article 9. This contract supersedes any and all other agreements, either oral or in wiring, between the parties: with respect to the subject matter of this agreement, and. contains all of the covenants and agreements between Licensor and Licensee with respect to the,subject matter. Both Licensor and Licensee .acknowledge that no representations, inducements, pro.. . or agreen•rerits; 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 Agreement shall be valid or binding. FORCE MAJ.EURE Article 30 The failure. of any party hereto to comply with the terms and conditions hereof Because of a, "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include without. limitation, Act of God, strike, labor disputes, war, fire, earthquake?, actions of public enemies, acts.of terrorism, epidemic, action of federal, state, or local governmental authorities. or an event or reason Beyond the reasonable control of a'party. In the event of a cancellation of the Event due to'a "Force Majeure Occurrence ".. each party shall be relieved of its obligations hereunder with respect to the performance so prevented. ORDINANCES, LAWS ANC! REGULATIONS Article 11. The Licensee shall comply with all federal, state, and Local ordinances, laws and regulations pertaining to the operation of the Event coritemplated herein. It shall be the obligation ofthe.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. t i 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 termination of this Agreement, Licensee must adhere: to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for Water used. by Licensee to maintain the fields at the Venue, up to maxis Urn number of`gallons set by C t .Director of Parks and Recreation each calendar. year. Licensee is. responsible to arrange and pay for trash removal service. MAINTENANCE /REPAIRS Article n. 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 prouide the trash. cans, (B..) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but hot limited to the fields; bleachers, concession stand, li g hting; and.fencing. Unless otherwise ;agreed upon, Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his d.esignee, and the Corpus Christi'Police Department, Nueces County, texas_ However, unless otherwise agreed upon, Licensors have no responsibility to repair or place any damages to Venue or. improvements at the Venue caused by vandalism, or caused by any other reasom: (D) Licensee. must Keep safe and in good repair the bleachers, if any; Licensee must repair the bleachers immediately upon discovery of damages.; (E) Licensee: shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches. Licensee must mow the sports fields within one (1) week;after the grass reaches three (3)'inche.s in .h.eig.ht: At least one month prior to the start of any season or preseason practice, the fields must be gradually cut 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 t 6 to keep the grass on the sports fields at or below three (3) inches in height or tc properly bring the field back to playing condition will he grounds for terminati n of the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields as sett out herein. Furtherrnore, Licensee will be responsible for maintaining.the grass in the adjacent viewing /access areas"ata'safe height not to exceed six (6) inches. (6) If restroom facilities are not available, licensee, 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 determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on.grass area of any playing or practice fields, (1) If Licensee ase goal posts an 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.. (L) Licensee must. complete and submit the attach ed'Exhi bit C,'Standard of Maintenance Sports Field Checklist, to the City Director of.Parl s and Recreation no Pater than March 1 and August l of each year. During the months of May and December, City employees will perforrh inspection to confirm compliance with standard of maintenance. Inspection of Venue. Licensor has the right to inspec.t the Venue and /or improvements at any time during the term 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 written 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 o:f the Director's: invoice. Failure to pay the County's maintenance within thirty {30) days of receipt of the invoice constitutes grounds 7 for termination of this License.. Alternatively, the Licensor may elect to terminate this Agreement after 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 ('`Improvements ")'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 IS licensor shall be allowed access to Licensee's financial books and records fo.r 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 there 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 (arid its agents) to inspect any and all pertinent records,. file, information, and other .written. materials pertaining to this Agreement. Records shall be available upon Licenser's request.. RELATIONSHIP OF 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 or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that.it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense: incurred by neither Licensee nor subject Licensor to any lien or right.of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee .shall promptly pray or bond such liens to Licensor's reasonable. satisfaction or otherwise obtain the. release or discharge thereof. i 8 i ASSIGNMENT Article 17. Neither this Agreement nor any >part hereof shall oe 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 res onsib.ilit of the Licensee to indemnify p y 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 contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amender 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 Agreementjt 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: Eater enforcing or exercising the same or any other provision, right or election which it may #lave u rider this Agreement. SEVERABILITY Article 21. if any term, provision, covenant or condition of t he Agreement is held by a court of competent jurisdiction to Pe invalid., void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, .'impaired or invalidated. NOTICES Article 12_ All notices given hereunder shall he in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified n h� snail or equivalent, if available, return receipt requested (which shall be confirmed by ,a rrtrrting sent by registered or certified mail. or equivalent :on the same day that such notification is sent, or by nati r ec ogni zed overnight c ourier f or next day delivery or sent to he parties at the addresses set forth, �Aun1-e_r Temp 1 e r , President of Nueces County Yo th Football League, at Po - 2�c x T ,-9tdca Corp Christi, TX 78426, Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; aril City_ of Corpus Christi, :at Corpus Christi City Hall, 1201 Leopard Street, Attm. Director. of Parks and Recreation, Corpus Christi, . Texas 78401, SURRENDER OF VENUE AT END OF TERM /HOLDOVER Article B_ Upon the expiration or termination of Terra of this Agreement, Licensee shall vacate and surrender to licensor, the Ven " ue, and Ucensee'shallat ticensee's . safe - 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 con dition.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 inany manner that Licensor may see fit, without prejudice to Licensoe's rights against Licensee for failure to remove such property,.. and Licensor shall not be "required to pay o r account to li censee 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 amonthly 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 Licenser's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and fosses incurred by licensor by reaso'ri 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 ;Sot. constitute an extension of the Terra of this License or afford Licensee any right to possession of the Venue beyond any.date through which such rent has been oa i d by Licensee and accepted by the Licensor. Such monthly fee shall be clue to the Licensor forthe period of such holding aver, whether or not the Litersor is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be ,and shall be deemed and construed to be, without the consent of the licensor,: whether or not the Licensor has accepted any sum due pursuant to this paragraph:. 10 TITLES FOR CONVENIENCE ONLY Article 24. The titles appearing in. connection With the va=rious 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 Venue during`Times.of Occupancy during Term and any and -all staffing. for Events. Licensee shall provide at its Sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own Coaches, assistant coaches, trainers, referees.or other necessary officials for the Events timekeepers, game clock operators, public address announcers, and any medical personnel forthe.players This is not an exhaustive. list. Licensor is not responsible for any paytnent du.e 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 I All applicable licenses,. if applicable for the Event. TERMINATION WITHOUT FAULT/TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the righ=t 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 default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination, Licensor rriay terminate Licensee's righ=t to possession to the Venue, the. enjoyment of the issues and profits there from reenter and take possession of f he 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 toany remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. 11 Licensor does not waive its rights to pursue 'all applicable legal remedies, including but r limited to breach of.contract claims Lased upon non - performance by Licensee.. NO WAIVER OF GOVERNMENTAL FUNCTION I 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' functions shall not constitute a default hereunder. AMENDMENT' /WAIVER. Article 28. No alteration, amendment or modification hereof (including this Section) shall be, valid unless executed by an 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, provisions. or conditions of this License or to exercise any covenant, agreement, term, provision, condition election or option, but: the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this License shall be deemed to have been. made unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAYS! Article. 29. This Agreement shall be governed by.and construed in. accordance with the laws of the State of Texas. CHOICE OFTORU.M Article 3 0: Any disiautes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces: County, Texas. 12 CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of.strictconstruction will be appl ecl.against any party. This License will not he construed against' drafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on. each of its Board, members and coaches assiciated with its sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and board member complete a state or nationally recognized,, or Director approved,. sportsmanship program. Licensee shall enc iurage parents and /or legal.guardians of the youth participants to atterxd „a sportsmanship program.. Licensee is. required to turn in an outline .of:the components of the sportsmanship 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 must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with .policies. Licensee must post and maintain signs to indicate restricted parking areas and also that no parking on grass is permitted: Licenseei must post Health perrhits at the concession areas. Licensee must store food handler cards on file at. the Premises. Licensee Must promptly replace or repalr 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, (Gist) to the Director as defined in Article 2 of.. this: Agreement by each January 3$ 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. 13 REPORTING :.Article 35.. All reports must be submitted to the Director withirs two weeks after the start of I season. Licensee must provide Director with schedules of each division prior to each session. must .'provide. Director with list of Lague to u rnaments sc at th Any tour on schedule for league purposes must be approved in advance. by Director. .Lieerysee Js respc ensure that each tournament at the Premises is covered by the .same i nsurance a s req Licensee's activities un'dEr this Agreerhent. SIGNATURES: EXECUTED ON b a . / t) , 2012, Nueces County, Texas. t.ICENSORS: NUFCES COUNTY CITY OF CORPUS CHRISTI 81'; r B Samuel Loyd. Neal, Jr.. Ronald L. Olson Nueces County judge City Manager ATTESTED: B y: (X�� Diana T. Barrera County Clerk LICENSEE: d 1 I r 1� 3 grits not sible to red for A V EXECUTED ON 2012, Nueces County, Texas BY ,s- -;;;President Nueces County Youth. Football League Lypndell8asl?ll Nueces Gounty Sgo,ris'Coniplex .txhibit.A SM.: NTS OFF, NyeG 15 EXHIBIT B INSURANCE REQUIREMENTS 1: LICENSEE'S LIABILITY INSURANCE I A; Licensee gust not commence work under this agreement until . insurance required herein has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to commence work until ail similar insurance required of the subcontractor has been obtained. B. Licensee.must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Ins.urance, with applicable policy endorsements naming the City and Nueces County named as additional insureds' for all liability policies, and a blanket waiver of subrogation on all applicable policies :showing the foi[owing minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE'' COVERAGE 30 -Day. Written Notice of Cancellation is. required on all certificates Con 1 Z 3. 4. 5. 6. nmercial General Liability including: Commercial Broad Form Premises - Operations Products/ Completed Operations hazard Contractual Liability Independent Contractors Personal lnj ury Bodily Injury and Property Barr age Per occurrence 1 aggregate $1,000,000 COMBINED SINGLET LIMIT j i C. In the event of accidents of.ahy kind, related to this agreement the: Licensee roust furnish the Risk Manager with copies of all reports of any accident within ten (1.0) days of the accident:. I il. ADIJITIONAL REQUIREMENTS A. Certificate of I nsuran ce: i i The City of Corpus Christi and Nueces County must be named :as additional .inst liability:coverage, and a blanket waiver of.sub.rogation on all applicable policies: The name of the facility being leased,must be listed under "Description of`Operatians i At a minimum, a 30-d y written notice of termination, non�renewal, material change or c 2012 City/county License agreement with Nueces county Youth Football League insurance requirements 5-3 -12 ep Risk Managerrient END 17 EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March . 1 and August 1 each year of.the.Agreement i SITE: INSPECTQR: ADDRESS: Date of Inspection;_ LeaguePresident. Signature. .Print 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 .aii inspection dui ing.tF months of May and December- Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus' Parks and .Recreat on Department, 1201 Leopard, Corpus Christi, Texas 78441 by the deadline of (March fI &. August 1) each year -of Leases the League will be:assessed:a fee of J250.00 per site Check "NW if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. PLAYING SURFACE Yes No. 11. (.l 1, the soil is too loose to provide good running traction. 2. The soil is too. compacted to provide good drainage (I (I 3. The playing area has.low spots, holes, or is not level and should be dragged /re- graded. (ICI 4. There is a.hazardous soil buildup (i'rp) between the playing area and the turf.. I C.l S: The playing area has unsafe wet spots aril /or puddles. (I (I 6. Maintenance equipment such as rakes, hoses, etc. have been left on the field, 18 7. fitter and unsafe debris is scattered around the pfaying area and-player/spectator areas.. (] [ ] & Thesupply and location of waste cans is inadequate. 9- if available at Venue, sprinkler heads, drainage grates, valve. boxes, etc. in the field are above gra have sharp edges or unsafe protrusions: .10. There have been recurring - accidents from players running into: surrounding objects such as fencing, light, posts, bleachers, etc: - [ ] [ ] 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, o restrooms. H H 12 There are unsafe bare spots. in turf with a hard soil surface exposed. [ If ] 13. The surface is uneven because of soil grade. . [ ] [ ] 14. Soil is too wet or drains poorly making an unsafe running surface. (J (] 15. Turf is not u in texture, density; or height making an unsafe playing surface, 16: Turf irrigation :comes on during.games_ 17. Turf is not stable a.nd` "blow - outs" fre oc cur. C ] [ ] 18.Weeds are present �Adth thorns, bristles or burrs. [ ] [ ] 19 Merles, gophers or other animals Have caused mounds or Moles. [ [ 2Q. Hazardous ruts occur on the from mowing.equipnient i3r trenching -, COMMENTS FENCING (if available at Venue) Yes No 1. Fence posts are loose or improperly set in the ground: _ C l C ] 2. Fence posts are on' the. inside of the playing area fence. J or 3; Concrete footings are exposed above ground. I [ 1 4'• i`endrig is not securely attached to•the fence posts with loose or broken ties.. 5. There are unsafe gaps under fencing. 6. There is no bottom tension wire or railing to secure the bottom of the fence. 7. There is not top railing to secure fence at the to,p. [ -I J :1 8. Wire ends of chain link fencing are exposed along the top.. [ I [ I .9. There are damaged.portion.s of'fenc.ng that are loose, sharp, protruding, or u [ I [ ] Gates.are left open during games. COMMENTS SIGNS Yes No 1. Signs are in good condition, z Sign with Parks and Recreation phone riurnber for complaints or concerns. — [ ] [ ] 3, No parking in grass. 4, signs with league rules guidelines, and possible consequences. [ j 1 S. ADA . Handicap. parking spots 6. Adequate traffic markings. 7: Maintenance area "keep out ". COMMENTS .20 CONCESSION STAND / RESTROOM5 (if available at Venue Yes .loo 1. health permits posted. (] L] 2. Food handlers cards on file. [ 1 [. ]. 3. Appropriate signs for doorways, 4. Cleanliness 'of restrooms and concession. area. (1 ( S. Condition of buildings. COM M E1NT5 WSHTING (if available at Venue) Yes No 1. The lightingwas not designed, installed or inspected by properly trained. engineers pr technicians. [ ] [ ] 2. There are burned out lights. 1(J 3. The beam direction of the lights are out of adjustment. [ 1 [ 1 4.. The lighting grid pattern on the eld is uneven or irregular. H[ 1 5, The lighting foot - candles do not meet industry recommended specifications'. COMMENTS BLEACHERS Yes No ] [ ] I. The nuts and bolts.on the bleachers are loose., missing, or protruding [HI 2. The guard rails are loose or missing.. (1 11 1 The plank or railing end caps are loose or missing, [ 1 I 1 4. Wooden, planks are worn out or splintered. I 1 I 1 5 "• There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY`' CONSIDERATIONS Yes No [I C l I. The chalking material Used`is ; irritating to the eyes. [ 1 2. There are no warning signs posted informing players. or spectators of use rules or hazardous conditions- 3-There are no public telephones available for emergency situations. [ ] [ 1 4. Areas that are hazardous or under repair have not been blocked off or identified. I 1 C 1 5. There is currently no communication between the maintenance staff and the ,facility users: COMMENTS 21.