Loading...
HomeMy WebLinkAboutO-1996-2126 e e ORDINANCE NO. 96-2126 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEE~ THE CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB, REGARDING THE USE OF SOCCER FACILITIES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 96- 2126 e PASSED AND APPROVED, this 12th day of August, 1996. ATTEST: ~ ~, ;If_oJ Sue Lenes, City Secretary APtzt0 d Knox W. ASkins, City Attorney By: CITY OF LA PORTE )h/~<!If~ lI(ormari L. Malo e, Mayor PAGE 2 # e e AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LAPORTE SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES BECAUSE, the City of La Porte (the "City") is the owner and operator of various soccer facilities as part of the parks and recreational facilities of the community; and Because, the LaPorte Soccer Club (the "Association") has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the various soccer facilities owned by the City; and Because, the City wishes to recognize and commend the funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The present soccer facilities covered in this agreement are those specific areas listed in "Exhibit A" which is attached and made a part of this agreement. The City will manage all operations related to facility and grounds maintenance at the soccer facilities designated in Exhibit A as youth soccer facilities. The City will assume responsibility for maintenance of all structures, fencing, parking lots, sidewalks, turf areas, and major field maintenance at the soccer facilities listed in Exhibit A. The Association will be responsible for routine marking, net replacement and maintenance of the soccer facilities designated as youth soccer facilities, either existing or in the future. IT, The City will provide limited use of the soccer facilities as described in Exhibit "A", to the Association for conduct of its league games, practice games, tournament games, and league playoff games from January through December for each year that this Agreement is in effect, Use is limited to standard park operating hours which are from 7:00 a.m. until 11 :00 p,m, each day during the year, The Association shall have exclusive right and responsibility for scheduling, organizing and conducting soccer league games, practice games, tournament games, and league playoff games at the soccer facilities listed in Exhibit A during the period covered by this Agreement. The City reserves the right to close the fields for field maintenance purposes. page 1 of 5 , e e Agreement - Soccer/COLPl ill. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the soccer facilities listed in Exhibit A and at the future Northwest Park Soccer Concession Building. IV, Use of the facility by the public will be limited to the following conditions. During the period not covered by this Agreement, the public shall have the right to use the various soccer facilities Complex for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities, During the period covered by this Agreement, the public shall have the right to play pickup soccer or other field sports games at the soccer facilities listed in Exhibit A, at any time during park operating hours when no practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been "Specially Prepared" for such games. Special preparation shall include marking, net installation, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public. v. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association, VI. The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. page 2 of S " . e Agreement - Soccer/COLPI vn, The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as an additional named insured, with limits of liability of not less than five hundred thousand dollars ($500,000.00) combined single limit bodily injury and property damage per occurrence, The Association shall furnish the City with a certificate of insurance evidencing such coverage, Such insurance shall include contractual liability insuring the indemnity agreements contained in this agreement. VIII, The Association shall not assign, transfer, convey, sublet or otherwise dispose of the agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. IX, This instrument contains the entire agreement between the parties relating to the rights granted in the agreement and the obligations assumed as a part of the agreement. Any representations or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the agreement. x. This agreement shall be in force for a period of five (5) years beginning with the date of its execution, At the end of the tenn of the agreement, both the City and the Association have the option to continue the agreement for an additional five (5) year term, Such option shall be executed in writing by the President of the Association and the City Manager or his designee. Should either party choose not to exercise their option, the agreement shall be considered at an end. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other soccer facilities that may be contemplated in the City, XI. The Association shall maintain a favorable financial position during the term of this agreement. The Association will provide an official annual report on the Association's fiscal condition to the City, comprised of a balance sheet, revenue statement and expense statement. The City reserves the right to review the internal fmancial control structure of the Association and to perform other audit steps as necessary to protect its interests. page 3 of S e e Agreement - Soccer/COLPl xu, If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the ~ day of 1ft..{ ~. , 1996, by its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf of the Association on the /.2"'- day of ~ 1996, by its President and attested by its Secretary, pursuant to authorization from the Board of Directors of theLa Porte Soccer Club, authorizing such execution. CITY OF LA PORTE By:G<~ "t. ~ Robert T. Herrera, City Manager ATTEST: ~~ Sue Lenes, City Secretary By: ATTEST: _~~l~ct-, Alina Sollock, Secretary page 4 of 5 e e Agreement - Soccer/COLP 1 AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES EXHIBIT A There are currently nine (9) designated youth soccer fields covered by this agreement at the date of execution, Additional fields may be added in the future as a part of this agreement by signature of both parties, The designated youth soccer facilities covered by this agreement are as follows: FAIRMONT PARK At the date of execution of this agreement, there are three youth soccer fields located at Fairmont Park, 3544 Farrington, La Porte, Texas, La Porte #1 - designated as the soccer field located directly southwest of the intersection of Farrington and Collingswood Streets, La Porte #2 - designated as the soccer field directly west of La Porte #1. La Porte #3 - designated as the soccer filed directly south and west of La Porte #2. NORTHWEST PARK At the date of execution of this agreement, there are six youth soccer fields located at Northwest Park, 10200 N. "P" Street, La Porte, Texas. La Porte #4 - designated as the soccer field on the northeast comer of the park; bounded on the north by "P" Street; on the east by Big Island Slough; and on the west, by the east parking lot. La Porte #5 - designated as the soccer field directly south of La Porte #4, La Porte #6 - designated as the soccer field on the northwest comer of the park; bounded on the north by "P" Stree~; on the west by the park boundary; and on the east, by the west parking lot. La Porte #7 - designated as the soccer field directly south of La Porte #6. La Porte #8 - designated as the soccer field directly east of La Porte #7, La Porte #9 - designated as the soccer field directly south of La Porte #7, page S of S