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HomeMy WebLinkAboutC2013-004 - 1/8/2013 - ApprovedThis 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, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ( "City''), a Texas Horne Rule Municipal Corporation, acting through its:duly, authorized City Manager or designee whose business address is IZv 1 L_eo carat -7 % x' [ (habinafter City.and County is referred to as "Licensor "), and Great Western Soccer League) acting through its L� t-horized '7 2,(0 agent whose business address. is. 0. 2>0)c 2(0 08 91 1 . , Corpu.s Christi,.Texas ( "Licensee "). For and in consideration of the ; mutual covenants and agreements contained herein, the receipt and sufficiency' of which is.hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND .TERM Article 1. Licensor hereby grants to Licensee the privilege and .license to use a specifled area of property located at Eq uistar Park, Haven Drive i Northwe Corpus. Christi (the "Venue located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a: youth sport program, specifically soccer program and for. no .other purpose. Venue is identified by diagram (Exhibit "A ") The "Term:" of this Agreement shall be fora two (2) year tern 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 4 to be provided pursuant. to. Article 22. Licensee's "Times of Occupancy "' of Venue during Terra shall be limited as detailed herein. It is agreed that Licensee shall be the occupant of Venue August 1, through July 31 unless terminated as defined in Article 26 . Licensor and Licensee shall use the Venue pursuant to Article:4. Licensor shall reserve the right to allow the public's use of venue during.Times of Occupancy when Licensee is not using the Venue pursuant to Article 4, CONTACT PERS /ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this license Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County director of Inland parks or his designee ( "Director "). 2013 -004 1108113 Ord. 029708 Nueces County INDEX LICENSE FEEJCONSIDERATiON Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the venue as:a.Youth Sports program, specifically soccer and for no other purpose. Licensee agrees to maintain the venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by.Licgnsor and any rules promulgated in the future, specifically specified in Article 13 of this Agreement. f=ailure to maintain the Venue and all improvements in accordance with these mules 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 warrants to Licenseethat Licensor can enter into this Agreement and /or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the' transaction contemplated hereby- Licensee agrees that this Agreement, is a valid obligation pf Licensee. and is binding upon Licensee in accordance with the teems. hereof. Licensee shall keep the Venue in an orderly condition while in use. 3 COMPLIANCE WITH LAWS. .Article 6: During the Term Licensee shall obe y and earnply with all laws, ordinances, and regulations of all federal, state, county, or municipal. authorities and with all notices; reasonable requirements and reasonable recommendations of any insurance organizations, associations, Or companies: with respect to Venue. THE.LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS. OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S. FAILURE TO.ARIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS RICO' REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL. INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST°ANY AND ALL SUITS, ACTIONS,, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION. WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT QR:FURSUANTTO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES BATH 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 OCC. ASSIGNED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL .OF .LI.CENSEE OR ITS AGENTS. OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE 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 INDEMNIFY AND. PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FFROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPONCTIVE EMPLOYEES' ANTS CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY:AND DEFENSE PROVIDED HE SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR'CONTRACTORS. THE INDEMNIFICATION PROVISIONS - CONTAINED THROUGHT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Article g. Licensee shall maintain and pay all premium costs and deductibles; if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Exhibit "B" entitled "INSURANCE REQUIREMENTS' INTEGRATION CLAD. E Article 9. This contract supersedes any and all other agreements, either oral or in inuring; 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; promises, or agreements either orally or otherwise, have. been. made by any party, or anyone acting on behalf of any party that are not set forth in this Agreement and that no agreement statement or promise not contained this Agreement shall be valid or binding. FORCE MAJEURE Article 10: The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "f=orce Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike labor disputes, dear, fire, earthquake, actions of. public enemies, acts of terrorism, epidemic, action of federal, state, or local governmental: authorities or an event or reason beyond the reasonable control of a party, In the event of a cancellation of the Event due to.a `Force Majeure Occurrence ", each party shall be relieved of its obligations hereunder with respect to the performance so prevented. ORDINANCES; LAWS AND REGULATIONS Article 11, The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of the Event contemplated herein.. It shall be the Obligation of the Licensee to apply for pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. 5 UTILITIES Article z2. Licensee must pay for all utilities used by it or far any activity sponsored by Licensee on the Venue priortothe due date for payment Failure to pay any utility hill on or before the due date is grounds for termination of t.his.4greernent. licensee must adhere to applicable water conservation. standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shalt not charge Licensee for water used by Licensee to maintain the fields at the Venue up to maximum number of gallons set by City Director of Parks. and Recreation each calen €ar'year. Licensee is responsible to arrange and pay: for trash removal service. MAINTENANCE /REPAIRS Article 13- At a minim-um, 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 provide the trash cans. (B) Licensee shall keep finally operational and in good repair any improvements at the Venue,; including but not limited to the fields, bleachers, concession stand, lighting, . and fencing; Unless otherwise: agreed upon; Licensor has no responsibility for maintenance or repair to.the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County; Texas. However, unless otherwise agreed upon,Licensors have no responsibility tai repair orplace:any damages to Venue or improvements at the Venue caused by vandalism, or caused by any other reason. (D) Licensee must keep safe and in good repair the bleachers; if any; Licensee must repair the Bleachers immediately upon discovery of damages.; (E) Licensee.shall maintain the sports fields: within the Venue' boundary lines. Grass on the sports fields must not e-keed three: (3) inches. Licensee must snow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought.into 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: - f=ailure 6 to keep the grass on the sports fields at or below three (3) inches in height or to properly bring the field back to playing condition will be grounds for termination of the Agreement. (F) Licensee will p rovide normal: scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields asset out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6 inches. (G) If restroorn facilities are not available, Licensee, at Llcensee'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 shail e that no parking is allo on grass area of any playing or practice fields. (l) If L icensee u se goal posts on the Venue, licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue. Licensee must repair any deficiency found in the anchoring system that impairs: the safe use within forty -eight (48) hours after the need for repair it or should have been discovered. Licensee shall not allovti use of the Venue until the anchoring system is repaired. (1) Licensee is responsible for proper installation and use of all e.quipm.ent and improvements at Premises. (K) Licensee must maintain a First ,Aid kit at. "Venue. (L) Licensee must complete and submit the attached Exhibit C, .Standard of Maintenance Sports Field Checklist, to the City Director of Parks and Recreation no later than March I and August 1 o each year. During the months of May and � December,. City employees will perform inspection to confirm compliance with standard of maintenance. Inspection of Venue. Licensor has the right to inspect the Venue and /or improvements at any time during the: term of'this Agreement. Specifically, prior to an&at the concl'us'ion 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 ha.s not complied within five (5) days after receipt of the demand, the County may undertake the work and Licensee shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds 7 for termination of this License. Alternatively, the Licensor rnay.ele.ct 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 iinvitees of Licensee. :ALTERATIONS TO VENUE Article 14. Licersee agrees 'that it will riot make any permanen# alteration or physical additions ( "Improvements ") to Venue without the 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 i5. Licensor shall be. allowed access to Licensee's financial books and records for auditing purposes. Licensee snail maintain and cause any contractors and subcontractors, relating to improvements, to maintain satisfactory financial accounting documents and records and shall make them available for examination an d. audit by the Licensor on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this ,Agreement. Licensee will permit Licensor. (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records.. shall. be available upon Licensor's request. RELATIONSHIP' 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.legai 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 hind 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 clairned to have been supplied to the S Venue shall be filet!, Licensee shall promptly pay or bond such'3iens to Ucensor's reasonable satMaction or otherwise obtain the release or discharge thereof. ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written. consent.of Licensor,.such as professional or sanctioned tournaments Any activity or tournament allowed to.take place at the Venue shall be the responsibility of the Licensee to indemnify and insure in accordance with this Agreement. APPLICABLE LAW Article 18: The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with; the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises o:r.representation will be binding on the. parties hereto. This Agreement will not be amended or changed except by written agreement: signed by both parties thereto. NO WAIVER OF RIGHTS Article 20. If either party fails to enforce any of the. provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not considered to be a waiver of those provisions, rights orelectionsor in any way affect the validity of this Agreement. The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which. it may have uncle. r this Agreement. SEVERABILITY Article. 21, if any term, provision, covenant or condition of the Agreement is Field by a court of competent jurisdictl6r; to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will. in no way be affected, impaired, or invalidated_ D NOTICES Article 22. All .notices given hereunder shall be in writing and shall be deemed to. have been duly given if delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available, return receipt requested (which shall be. confirmed by a writing sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized. overnight courier for next day delivery, addressed or sent to the parties at the:add.resses set forth: H611N )4owc 5 k+c>n President of Great Western Soccer League, at Po d ox Z4 [ , Corpus Christi, TX 78426; Nueces County County: Judge, 901 Leopard Room 303, Corpus Christi, TX 78 0 ; and City of Corpus Christi, at Corpus. Christi City Hall, 1201 Leopard. Street,,Attn:. Director of Parks and Recreation, Corpus Christi, Texas 78401. SURRENDER OF VENUE AT END.OF TERM /HOLDOVER Article 23. ' Upon the expiration or termination of Term of this Agreement, Licensee shall. vacate and surrender to Licensor, the Venue, and Licensee shall.at Licensee`s sale expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal. of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement, Any property remaining atthe Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without preJu ice to Licensor's rights against Licensee for failure to remove such property; and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. in the case of any holding over or possession by Licensor after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined bythe 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 dosses incurred by Licensor by reason Licenser's inability to deliver possession of Venue to another, together with interest on such expenses at maximum interest rate allowed by law from. the date such expenses are incurred until reimbursed by Licensee; together with. Licensee'5 reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as 'p.rovided in this paragraph, shall not 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 paid by Licensee and accepted by the Licensor.. Such_rnonthly fee shall be due to the Licensor for the period. of such holding over, whether or not the Licensor is.seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing; such holding over shall be and shall be deemed and construed to be, without the consent of the licensor, whether or not the Licensor has accepted any sum due pursuant to this: paragraph. 10 TITLES FOR CONVENIENCE. ONLY Article 24. The titles appearing in connection with the various Articles of this Agreement are for convenience only,, They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any ether 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 Terra 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 for the players.. This is' not an exhaustive list. Licensor is not responsible for any payment due to these staffers .and parties expressly acknowledge that these are not Licensee's employees. In addition, Licensee,. in connection with each Event to which this' License applies. shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2. All applicable licenses, if applicable for the Event.. TERMINATION WITHOUT FAULT /TERMINATION FOR DEFAULT Article.26. Termination with ouf.fault: Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this.. .Agreement or materially;breaches any of its provisions and does: not. cure such default or material breach within fifteen (1S) days; Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may :termiinate.Licensee's right to possession to the Venue,, the enjoyment of the issues and profits therefrom reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any it manner of trespass and without prejudice to any remedies for-arrears in payment or costs incurred due hereunder or existing breaches hereof. Licensor does not waive its rights to pursue. all. applicable legal remedies; including.but not limited to' breach .of contract claims based upon non - performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27, No provision, or covenant. o: 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.ipsist in any one or more instances upon the strict performance of any .of f 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 LAW. Article 29,: This Agreement sha[1.. e governed by:and construed in accordance with the laws of the State of Texas. CHOICE OF FORUM Article 34. Any disputes between the parties to this .Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. V CONSTRUCTION.. Article $1. 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 strict: construction will be applied against any party. This License will not be construed against drafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. SPORTSMANSHIP PROGRAM Article 33. ;Licensee shall :require that all of its coaches and board members complete a. state or nationally recognized, or Director approved, sportsmanship program, Licensee. shall encourage parents and /or legal guardians of the youth participants to attend the sportsmanship program. Licensee is required to turn in an outline of the components of the sportsmanship program. This must include course outline, and dates of the meetings. Licensee roust also provide a list of all coaches, board members, and parents /legal guard. loci signatures of'attendance at the sportsmanship program,. COMPLAINT NOTICE. AND OTHER REQUIRED SIGNS Article 33. Licensee must post and maintain a" sign wt. th sportsrrianship policies and possible consequences for non - compliance with policies.. Licensee must post and maintain signs to indicate. restricted parking areas and also that no parking on grass is permitted: Licensee must post Health permits at the concession areas.. Licensee must store food handler cards on file at the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34 Licensee must submit its current List of Officers ,and Board of Directors (List) to the Director as defined in Article 2. of this Agreement by each January 3I 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 3` copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Article 35.. All reports. must be submitted to the Director within two weeks. after the start of Licensee's season. Licensee must provide Director with schedules .of each division prior to each session: Licensee must provide Director with fist of leag'06 tournaments scheduled at the Promises. Any tournaments riot on schedule for Lague purposes must be approved in advance by- Director. Licensee is responsible to ensure that each tournament at the Prernises is covered by the "same insurance as required for Licensee's activities uriderthis Agreement. SIGNATURES:: EXECUTED ON 1 2012, Nueces County, Texas. LICENSORS:. NUECES`COUNTY BY: .Samuel Loyd Neal; Jr. Nueces County Judge CITY OF CORPUS CHRISTI B Ronald L.. Olson City Manager ATTESTED: �. C O O GTt By t � AM�D4 r--4&0.k Diana T. Barrera, County Clerk F� EXECUTED ON (� 2012, Nueces County, Texas E BY: . President Great Western Soccer League 1 A ItWnid.� a c*KClt �C SECRE"I'AR F x G Lyon dellBasaii Nueces County Sports Complex A . Exhibit A . : San3n; x15 L%kv HfWwYphVL a �� � iNmv#Jf.',M uW 4 PWfttl[l pf )p�G >: $n 1nerS afilcts: � 1 - - 1:- CQCt 'h'atC.rs ,. APt M I IfO..l -XA av 12 sfip2 ?9 LY VSfO !o0. CgK'fMF:APTr a01 k6Vq},TION SVITE ]AA' pk.ilA4y'Alat pct -: BiOgxc O0.'�Ym wIRN56 C0RpV8 CNNST Ygxp9 TNG9, TapF TR71»q FaAA - f fags MTMIY.VNWC.C� 15 EXHIBIT B INSURANCE REQUIREMENTS �. LICENSEE'S LIABILITY INSURANCE. A. Licensee; must not commence work under this agreement until insurance .required herein has been obtained and such insurance has been approved b the City. Licensee must not a llow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B: Licensee must furnish to the City's Risk Manager, (twof 2 :copies of Certificates of Insurance, with applicable policy endorsements naming the City and Nueces County named as additional insureds' for all liability policies, and. a blanket waiver of subrogation on all applicable policies showing the following minimum co verage by insurance company(.s. ).acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANGE COVERAGE 30 -Day Written Notice of Cancellation is required on Bodily Injury and P roperty Damage All certificates Per occurrence./ aggregate Commercial General Liability including' 1. Commercial Broad Fo 2. Premises. - Operations 3. Products! Completed Operations Hazard 4. Contractual Liability 5. Indegendent;Contractors 6.- Personal Injury $1,000,000 COMBINED $INGLE LIMIT C. In the event of accidents of any Kind, related to this agreement the Licensee must furnish the Risk Manager With. copies of all.. reports of any accident within ten (10) days of the. accident. 5-3-12 ep Risk Management END _.. -- .... -- - - -- - - -- -- L.J.` ....... .--- -..._......... - - -- - EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March l. and .August 1 each year of the Agreement SITE: INSPECTOR: ADDRESS: Date of Inspection: Teague President Signature. Print Ali.Leagues will be expected :to complete this self - inspection checklist.forna semiannually Due date (March 1 and August 3) each year of the Lease, The City of Corpus Christi will do an inspection during the rnonths.of May and December. Each league is responsib[e.fortheir self inspection. If the inspection is not submitted to the City`of Corpus Christi Parks and Recreation. Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of :Leases the League will be assessed a fee of '250:00 per site Check "No's if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YIES answer. PLAYING SURFACE Tres No. [ ] [.3 1: The. soiI is. too loose to. provide good running traction, [ ] [) 2. The soil is too. compacted to provide good drainage.. [ ] [) 3. The playing area has low spots, holes, or is not level and should be dragged /re- graded. H[ ] 4. There is . a hazardoussol.l buildup (lip} lietween:the playirigarea and the turf. C I [ ] 5. The playing area has unsafe wet spots and /or puddles: [ 3 [ ] 6., Maintenance equipment such as rakes, hoses, etc. have been left on the field, [ ] [ ] 7. titter and unsafe debris its scattered around the playing area and player /spectator areas. [ ] f ] &: The supply and location of waste cans is inadequate. [): [I 9. if a. vailabie at Venue, sprinkler heads drainage grates, valve boxes, etc_ in the field are. above grade or have sharp edges or unsafe protrusions. HE. } 10-There have been recurring accidents from players running into surrounding ©bjncts such as fencing; light posts, bleachers, etc. { ] [ } 11. Are there any protrusions or potential hazards: along fence lines, posts, bleachers, parking lot, or restroms. [ l [ ] 12 There are .unsafe bare spots in turf with a hard soil surface exposed. 13: The surface is uneven because of soil grade. [ 3 [ } 14. Soil is too wet or drains poorly making.an unsafe running surface. f } [ 1 15. Turf is not uniform in texture, density or height making an unsafe playing surface. [ { } 16. Turf irrigation comes on during game$. [ ] [ } 17. Turf is not stable and " biow- outs" frequently occur. E } [J 18.Weeds are present with thorns, bristles, or burrs. E l 19 Moles, gophers or other anima €s have caused mounds or holes:. G E J 20: Hazardous ruts occur on the field from snowing equipment or trenching. COMMENTS FENCING (if available at Venue) Yes No [ J [ } 1. Fence posts are loose. or improperly set in the gto.und. . (} E ] 2. Fence posts are on the inside of the playing area fence. M [ ] [ ] 7. titter and unsafe debris its scattered around the playing area and player /spectator areas. [ ] f ] &: The supply and location of waste cans is inadequate. [): [I 9. if a. vailabie at Venue, sprinkler heads drainage grates, valve boxes, etc_ in the field are. above grade or have sharp edges or unsafe protrusions. HE. } 10-There have been recurring accidents from players running into surrounding ©bjncts such as fencing; light posts, bleachers, etc. { ] [ } 11. Are there any protrusions or potential hazards: along fence lines, posts, bleachers, parking lot, or restroms. [ l [ ] 12 There are .unsafe bare spots in turf with a hard soil surface exposed. 13: The surface is uneven because of soil grade. [ 3 [ } 14. Soil is too wet or drains poorly making.an unsafe running surface. f } [ 1 15. Turf is not uniform in texture, density or height making an unsafe playing surface. [ { } 16. Turf irrigation comes on during game$. [ ] [ } 17. Turf is not stable and " biow- outs" frequently occur. E } [J 18.Weeds are present with thorns, bristles, or burrs. E l 19 Moles, gophers or other anima €s have caused mounds or holes:. G E J 20: Hazardous ruts occur on the field from snowing equipment or trenching. COMMENTS FENCING (if available at Venue) Yes No [ J [ } 1. Fence posts are loose. or improperly set in the gto.und. . (} E ] 2. Fence posts are on the inside of the playing area fence. I ] [ ] I Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or. broken ties. [ ] (] 5 There are unsafe gaps under fencing: 6. There is no bottorn.terision wire or railing to secure the bottom of the fence.. I ] I l 7' There is not top railing to secure fence at the tap I ] (] .S: Wire ends of chain link fencing 'are exposed along the top; (] [ ] 9. Ther:e.are darnaged portions of fen. cing that : ace,loose, sharp, protrucEing, or unsafe:. 10. Cates are left open clueing games. COMMENTS SIGNS Yes No .0 I 1, Signs are in good condition. [ ]. 2. Sign with Parks and Recreation phone number for complaints or concerns. I No parking in grass. 44 Sportsmanship signs with league rules,.guidelines, and possible cd sequences. 5.ADA Handicap parking spots. 6. Adequate traffic. markings.. ] j) 7. Maiptenarice area "keep Taut ".. COMMENTS 19 20 ] CONCESSION STAND j RESTROOMS Of available at Venue) Yes. No. [ ] [) 1. Health permits posted. [) L) Z. food handlers cards on fiie. [ ] [ ] 3-Appropriate signs for doorways. L ] [ I 4. Cieanli.ness of restrooms.and concession area: [) 1 S. Condition of buildings. COMMENTS LIGHTING (if available at Venue) Yes No [) [ ] 1. The fighting was not designed, installed, or'i.nspected by properly trained engineers or technicians: [ ]. () .2. There are burned out lights. [J [) I The Beam direction ofthe lights are out of adjustment. [ ] [) 4.. The lighting grid pattern.on the field is uneven or irregular.. [ ] [ ] 5• The lighting foot - candles do not meet industry recommended specifications. COMMENTS' BLEACHERS Yes No [) [ ] 1: The nuts and bolts on the bleachers are. loose, missing, or protruding_ [ ] (] 2.. THe guard rails are loose or missing,: [ I [ ] 3. The plank. or railing end caps are loose or missing. 21 4. Wooden planks are Worn out o . r splintefed. S. There are hazardous protrusions or sharp edges. COMMENTS GENERA! SAFETY CONSIDERATIONS Yes No [ ] [ J 1. The chalking material used. isirritatingto the eyes. 2. there are no warning signs postedinforming players or spectators -.of use rules or hazardous conditions. [ ] [ } 3. There are no public telephones available for emergency situations.. [ } [ } 4. Areas that are hazardous or uridu.repair have not been blocked off or identified. [ } [ J S. There is currently no communication between the;riiaintenance staff and the facility. users. COMMENTS