HomeMy WebLinkAboutC2016-008 - 1/12/2016 - Approved Zo l 5-02-4)7._ 3 ('-
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, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ("City"), a Texas
Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee
whose business address is 1201 Leopard, Corpus Christi, TX 78401 (hereinafter City and County
is referred to as "Licensor"), and South Texas Elite Youth Football League acting through its
authorized agent, Chris Quitugua, whose business address is P.O. Box 260452, Corpus Christi,
Texas 78426, Corpus 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 specified area of
Licensor co-owned property located at LyondellBasell Park, Haven Drive in Northwest Corpus
Christi (the "Venue") located in Nueces County, Texas during the Term of this Agreement for
the purpose of operation of a youth sports program, specifically football program and for no
other purpose. Venue is identified by diagram (Attachment "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 herein. It is
agreed that Licensee shall be the occupant of Venue October 14, 2015 through October 13,
2017 and any extension 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 PERSON/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").
2016-008
1/12/16
Ord. 030725
Nueces County INDEXED
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 for its youth sports program, specifically football and for no
other purpose. Licensee agrees to maintain the Venue and any improvements in a year round
basis in accordance with all maintenance rules prescribed by Licensor and any rules
promulgated in the future, specifically set out 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 the Venue during its Times for Occupancy for youth
sports program purposes. Licensee must not deny access to or use of the Venue to the general
public for unorganized activities when the Venue is not being used by Licensee during Times of
Occupancy. Licensor reserves the right to schedule organized activities at Venue. Requests for
scheduled organized activities by other organizations or public use will be reviewed for
approval or denial by the Director. Licensor shall provide Director with notice of all Licensee
scheduled activities.
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 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 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.
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COMPLIANCE WITH LAWS
Article 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and
regulations of all federal, state, county, or municipal authorities and with all notices, reasonable
requirements and reasonable recommendations of any insurance organizations, associations,
or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR
FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES,
FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES,
REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR
MUNICIPAL AUTHORITIES.
INDEMNIFICATION
Article 7. LICENSEE 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 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
OCCASIONED BY, DIRECTLY OR INDIRECTLY,THE ACTS, WHETHER NEGLIGENT OR
INTENTIONAL OF LICENSEE 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 EMPLOYEES.
IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY
AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FROM THE CONSEQUENCES OF
LICENSOR'S AND THEIR RESPECTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE,
PROVIDED, HOWEVER,THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT
EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR
RESPECTIVE EMPLOYEES OR CONTRACTORS.
THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHOUT THIS AGREEMENT SHALL
SURVIVE THE TERMINATION OF THIS AGREEMENT.
Page 1 3
INSURANCE REQUIREMENTS
Article 8. 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 Attachment "B" entitled "INSURANCE REQUIREMENTS".
INTEGRATION CLAUSE
Article 9. This contract supersedes any and all other agreements, either oral or in writing,
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.
"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.
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 any events 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.
Page 14
UTILITIES
Article 12. County shall pay utilities costs, including electricity, and sewage pursuant to
budgetary appropriations. If no appropriation, Licensee acknowledges and agrees to pay all
utility costs, including electricity, and sewer, associated with Venue. County will provide thirty
(30) days written notice to Licensee of its utility budgetary non-appropriation beginning
September 1 of every year. 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
maximum number of gallons set by City Director of Parks and Recreation each calendar year.
County will be responsible to arrange and pay for trash removal service.
MAINTENANCE/REPAIRS
Article 13. At a minimum, maintenance includes:
(A) Licensee shall pickup and properly dispose of litter on a daily basis whenever the
Venue is being used and weekly during the rest of the year. Licensor will provide the
receptacles.
(B) Licensee shall keep fully operational and in good repair any improvements at the
Venue, including but not limited to the fields and bleachers, which are located on
the Venue. Unless otherwise agreed to, 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 to, Licensors have no responsibility to repair or replace 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 exceed three (3) inches. Licensee must mow 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 standards as
Page 15
required to properly bring the fields back to playing condition. Failure 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 provide normal scheduled mowing of the Venue. Licensee will be
responsible for maintaining the sports fields as set out herein. Furthermore,
Licensee will be responsible for maintaining the grass in the adjacent viewing/access
areas at a safe height not to exceed six (6) inches.
(G) If restroom facilities are not available, Licensee 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 field.
(I) If Licensee uses 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 is 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 the Premises.
(K) Licenses must maintain a First Aid kit at the Venue.
(L) Licensee must complete and submit the attached Attachment C, Standard of
Maintenance Sports Field Checklist, to the Director no later than March 1 and
August 1 of each year. During the months of May and December, County employees
will perform inspections to confirm compliance with standards 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 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 of the Director's invoice. Failure to pay
the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds
for termination of this License. Alternatively, the Licensor may elect to terminate this
Agreement after (10) days written notice to Licensee.
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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 with Licensor's prior written consent. No alterations or
improvement to the Venue are required for Licensee's use. All approved Improvements will
be property of Licensor at the expiration of Termination of the Agreement.
AUDIT OF LICENSEE
Article 15. Licensor shall be allowed access to Licensee's financial books and records for
auditing purposes. Licensee shall maintain and cause any contractors and subcontractors,
relating to Improvements, to maintain satisfactory financial accounting documents and records
and shall make them available for examination and audit by the Licensor on a quarterly basis
and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to
this Agreement. Licensee will permit Licensor (and its agents) to inspect any and all pertinent
records, file, information, and other written materials pertaining to this Agreement. Records
shall be available upon Licensor's request.
RELATIONSHIP 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 pay or bond such liens to Licensor's reasonable
satisfaction or otherwise obtain the release or discharge thereof.
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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 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 or representation will be
binding on the parties hereto. This Agreement will not be amended or changed except by
written agreement signed by both parties thereto.
NO WAIVER OF RIGHTS
Article 20. If either party fails to enforce any of the provisions of this Agreement or any rights
or fails to exercise any election provided in the Agreement, it will not be considered to be a
waiver of those provisions, rights or elections or in any way affect the validity of this
Agreement. The failure of either party to exercise any of these provisions, rights or elections
will not preclude or prejudice such party from later enforcing or exercising the same or any
other provision, right or election which it may have under this Agreement.
SEVERABILITY
Article 21. If any term, provision, covenant or condition of the Agreement is held by a court of
competent jurisdiction 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.
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
Page 18
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 addresses set forth: Chris Quitugua, President of South Texas Elite Youth Football
League, at P.O. Box 260452, Corpus Christi, TX 78426; Nueces County, County Judge, 901
Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus Christi, at Corpus Christi City
Hall, 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 sole expense, remove all
property of Licensee, other than Improvements, and pay for all damages to the Venue including
all damages cause by removal of Licensee's property, and restore the Venue to the condition in
which it was prior to the Agreement. Any property remaining at the Venue shall be deemed
abandoned by Licensee and may be retained or disposed of by Licensor in any manner that
Licensor may see fit, without prejudice to 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 Licensee after expiration of Term or
earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined
by the County. Further, in the event Licensee shall hold over beyond any date for surrender of
Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse
Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to
deliver possession of Venue to another, together with interest on such expenses at maximum
interest rate allowed by law from the date such expenses are incurred until reimbursed by
Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The
acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not
constitute an extension of the Term 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 monthly fee shall be due to the Licensor for the period of such holding
over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor
otherwise agrees in writing, such holding over shall be, and shall be deemed and construed to
be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due
pursuant to this paragraph.
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TITLES FOR CONVENIENCE ONLY
Article 24. The titles appearing in connection with the various Articles of this Agreement are for
convenience only. They are not intended to indicate all of the subject matter in the text and
they are not to be used in interpreting this Agreement or for any other purpose in the event of
any controversy.
SECURITY, STAFFING AND OTHER ITEMS
Article 25. Licensee expressly agrees to provide security, for Licensee sponsored, approved, or
facilitated events, herein "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 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 Licensor'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 without fault. Licensor and Licensee have the right to terminate this
Agreement without fault by providing thirty (30) days written notice to the other party.
Termination for default. If Licensee defaults in the performance of this Agreement or
materially breaches any of its provisions and does not cure such default or material breach
within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written
notification of termination.
Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the
issues and profits there from reenter and take possession of the Venue and remove all persons
and property there from with or without process of law, without being deemed guilty of any
Page 110
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 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 LAW
Article 29. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas.
CHOICE OF FORUM
Article 30. Any disputes between the parties to this Agreement concerning the subject matter
of this Agreement shall be submitted for resolution to a court of competent jurisdiction in
Nueces County, Texas.
Page 111
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 strict construction will be applied against
any party. This License will not be construed against drafter.
SIGNATURES:
Thc
EXECUTED ON fl `� ' 2015, Nueces County, Texas.
LICENSORS:
NUECES COUNTY CITY OF CORPUS CHRISTI
BY: ;*/(i eyoe.
Samuel Loyd Neal, Jr. Ronald L. son
Nueces County Judge City Manager
f
ATTESTED: �: C0',.• Aftp :ArQd A to bi-i:
gy, ' 6�' mY U i : Lisa Aga
Kara Sands, County Clerk A i nt City Attorney
A�j• :�;'
• - For City Attorney
LICENSEE:
EXECUTED ON 2- 40 201 , Nueces County, Texas
CO
ATTEST:-7 E`- ►.. .. '
REBECCA HUERTA
BY: CITY SECRETARY
Chris Quitugua, President
South Texas Elite Youth Football League 2_f-
I nun► 6.
ST COuNCIL......._. 2- (,,
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Page 112 S€CRETAR �`
EXHIBIT B
INSURANCE REQUIREMENTS
I. LICENSEE'S LIABILITY INSURANCE
A. Licensee must not commence work under this agreement until all insurance required has been
obtained and such insurance has been approved by the City. Licensee must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has
been obtained.
B. Licensee must furnish to the City's Risk Manager or designee, 2 copies of Certificates of
Insurance, showing the following minimum coverage by an insurance company(s) acceptable to
the City's Risk Manager. The City of Corpus Christi and Nueces County must be named as
additional insured on the General liability policy.
TYPE OF INSURANCE MINIMUM INSURANCE
COVERAGE
30-day written notice of cancellation, Bodily Injury and Property Damage
material change, non-renewal is required on Per occurrence aggregate
all certificates
Commercial General Liability including: $1,000,000 Combined Single Limit
1. Commercial Form
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury—Advertising Injury
C. In the event of accidents of any kind, Licensee must furnish the City's Risk Manager with copies
of all reports of any accidents within 10 days of accident.
II. ADDITIONAL REQUIREMENTS
A. Licensee's financial integrity is of interest to the City and County; therefore, subject to Licensee's
right to maintain reasonable deductibles in such amounts as are approved by the City, Licensee
shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Licensee's sole expense, insurance coverage written on an occurrence basis,
by companies authorized and admitted to do business in the State of Texas and with an A.M.
Best's rating of no less than A-(VII).
B. The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the City,
and may require the deletion, revision, or modification of particular policy terms, conditions,
limitations or exclusions (except where policy provisions are established by law or regulation
binding upon either of the parties hereto or the underwriter of any such policies). Licensee shall
be required to comply with any such requests and shall submit a copy of the replacement
certificate of insurance to City at the address provided below within 10 days of the requested
change. Licensee shall pay any costs incurred resulting from said changes. All notices under this
Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555 —Fax#
C. Licensee agrees that with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• Name the City of Corpus Christi and Nueces County and their officers, officials, employees,
volunteers, and elected representatives as additional insured by endorsement, as respects
operations and activities of, or on behalf of, the named insured performed under contract with the
City and the County,
• Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus
Christi and Nueces County where the City and the County are additional insureds' shown on the
policy;
• Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi and
Nueces County of any suspension, cancellation, non-renewal or material change in coverage, and
not less than ten(10)calendar days advance written notice for nonpayment of premium.
D. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Licensee
shall provide a replacement Certificate of Insurance and applicable endorsements to City and
County. City and County shall have the option to suspend Licensee's performance should there
be a lapse in coverage at any time during this contract. Failure to provide and to maintain the
required insurance shall constitute a material breach of this contact.
E. In addition to any other remedies the City and County may have upon Licensee's failure to
provide and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City and County shall have the right to order Licensee to stop work
hereunder, and/or withhold any payment(s) which become due to Licensee hereunder until
Licensee demonstrates compliance with the requirements hereof.
F. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee
may be held responsible for payments of damages to persons or property resulting from
Licensee's or its subcontractors' performance of the work covered under this agreement.
G. It is agreed that Licensee's insurance shall be deemed primary and non-contributory with respect
to any insurance or self-insurance carried by the City of Corpus Christi and Nueces County for
liability arising out of operations under this contract.
H. It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
•
EXHIBIT C
STANDARD OF MAINTENANCE
SPORT FIELD CHECKLIST
Due each March 1 and August 1 each year of the Agreement
•;' SITE: INSPECTOR:
ADDRESS: Date of Inspection:
League President 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 an inspection during the
months of May and December.
Each league is responsible for their 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 5250.00 per sitt
Check"NO"if repairs are not necessary;"YES"if repairs are necessary. A comment is required for any"YES"
answer.
PLAYING SURFACE
Yes No
[][] 1.The soil is too loose to provide good running traction.
[)H1 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.
[][] 4.There Is a hazardous soil buildup(lip)between the playing area and the turf.
[][] 5.The playing area has unsafe wet spots and/or puddles.
[][] 6.Maintenance equipment such as rakes,hoses,etc.have been left on the field.
{ [][] 7.Litter and unsafe debris is scattered around the playing area and player/spectator areas.
} [I[I 8.The supply and location of waste cans is Inadequate.
[)[] 9.If available at Venue,sprinkler heads,drainage grates,valve boxes,etc.in the field are above grade or
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.
[)[J 11.Are there any protrusions or potential hazards along fence lines,posts,bleachers,parking lot,or
restrooms.
[] [] 12 There are unsafe bare spots in turf with a hard soil surface exposed.
[j[) 13.The surface is uneven because of soil grade.
[)(] 14.Soil is too wet or drains poorly making an unsafe running surface.
[][] 15.Turf is not uniform in texture,density,or height making an unsafe playing surface.
[]I J 16.Turf irrigation comes on during games.
j)[} 17.Turf Is not stable and"blow-outs"frequently occur.
j)[] 18.Weeds are present with thorns,bristles,or burrs.
{][] 19 Moles,gophers or other animals have caused mounds or holes.
(.1[] 20.Hazardous ruts occur on the field from mowing equipment or trenching.
COMMENTS
FENCING (If available at Venue)
Yes No
[][] 1,Fence posts are loose or improperly set in the ground.
[)[] 2.Fence posts are on the inside of the playing area fence.
[] [J 3.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.
A
[][J 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 top.
[][J 8.Wire ends of chain link fencing are exposed along the top.
[][] 9.There are damaged portions of fencing that are loose,sharp,protruding,or unsafe.
[][]10.Gates are left open during games.
COMMENTS
SIGNS
Yes No
[][] 1.Signs are in good condition.
[][] 2.Sign with Parks and Recreation phone number for complaints or concerns.
[][] 3.No parking In grass.
[][] 4.Sportsmanship signs with league rules,guidelines,and possible consequences.
[][J 5.ADA Handicap parking spots.
[][] 6.Adequate traffic markings.
[] [] 7.Maintenance area"keep out".
COMMENTS
]
CONCESSION STAND/ RESTROOMS (if available at Venue)
Yes No.
3
[][] 1.Health permits posted.
n
I][] 2.Food handlers cards on file.
[I[I 3.Appropriate signs for doorways.
[]I] 4.Cleanliness of restrooms and concession area.
[][] 5.Condition of buildings.
]
COMMENTS
LIGHTING (if available at Venue)
3 Yes No
[)[] 1.The lighting was not designed,installed,or inspected by properly trained engineers or
technicians.
[)[] 2.There are burned out lights.
[][] 3.The beam direction of the 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.
[]j.] 2.The guard rails are loose or missing.
[j[) 3.The plank or railing end caps are loose or missing.
[1[j 4.Wooden planks are worn out or splintered.
[I I 1 5.There are hazardous protrusions or sharp edges.
COMMENTS
73
GENERAL SAFETY CONSIDERATIONS
3 Yes No
x [1[1 1. The chalking material used is irritating to the eyes.
I 1 I I 2.There are no warning signs posted informing players or spectators of use rules or hazardous
conditions.
[1[1 3.There are no public telephones available for emergency situations.
[j[1 4.Areas that are hazardous or under repair have not been blocked off or identified.
[1[j 5.There Is currently no communication between the maintenance staff and the facility
= users.
COMMENTS
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