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HomeMy WebLinkAboutO-1999-2333 e e ORDINANCE NO. 99-2333 AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE GIRL'S SOFTBALL ASSOCIATION REGARDING THE USE OF YOUTH SOFTBALL FACILITIES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 City 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. e e Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ~dty of June, 1999. CITY OF LA PORTE By: f~~~ Norman L. Malone, Mayor ATTEST: ~APuA Mar ha GIllett, City Secretary APPROVED: ~ (2f~ff!~ City Attorney e e AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE GIRL'S SOFTBALL ASSOCIATION REGARDING THE USE OF YOUTH SOFTBALL FACILITIES BECAUSE, the City of La Porte (the "City") is the owner and operator of various youth softball facilities as part of the parks and recreational facilities of the community; and Because, the La Porte Girl's Softball Association (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 softball 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 City will provide limited use of the youth softball facilities as described in "Exhibit A", which is attached and included as a part of this Agreement, to the Association for conduct of its league games, practice games, league/team practices, tournament games, and league playoff games from the first week in March through the last weekend in November for each year that this Agreement is in effect. Use is limited to Monday through Sunday, from 7:00 a.m. until 11 :00 p.m. each day. The Association shall have exclusive right and responsibility for scheduling, organizing, providing rules of conduct, and conducting youth softball league games, practice games, league/team practices, tournament games, and league playoff games at the youth softball facilities listed in Exhibit A. Said rules of conduct shall be in conformance with laws and ordinances of the State of Texas and the City of La Porte. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonable cause. II. The City will assume responsibility for maintenance of all structures located on City property at Little Cedar Bayou Park as set forth in this Agreement. Except for routine marking, dragging, watering, and other field preparation as set out herein, the City will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major field maintenance at the youth softball facilities listed in Exhibit A. The Association will be responsible for routine marking, and field preparation of the youth softball facilities either existing or in the future. The present youth softball facilities Page 1 of 6 e e covered in this agreement are those specific areas listed in "Exhibit A". The City will manage all operations related to facility and grounds maintenance at the softball facilities designated in Exhibit A. The City has provided, with assistance from the Association, a concession/restroom facility, and a storage facility as listed in Exhibit A. The concession/restroom facility and permanent attachments to said facility, are the property of the City. Except as set out herein, the City agrees to maintain the concession/restroom, and storage structure's various components including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Little Cedar Bayou Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Little Cedar Bayou Park are not reserved and are available on a first-come, first-served basis. III. The Association agrees to operate the Concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth softball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages. The Association agrees to clean the restroom facilities, in addition to the City's regular cleaning schedule on an as needed basis, during the Association's use of the facilities to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion and the batting cage area of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, batting cage operations, and conduct of all its activities at the youth softball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the youth softball facilities listed in Exhibit A and at any future youth softball facilities located on City property. IV. Batting cages shall not be open for use by the general public by the Association under any circumstance, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Page 2 of6 e e covered in this agreement are those specific areas listed in "Exhibit A". The City will manage all operations related to facility and grounds maintenance at the softball facilities designated in Exhibit A. The City has provided, with assistance from the Association, a concession/restroom facility, and a storage facility as listed in Exhibit A. The concessionlrestroom facility and permanent attachments to said facility, are the property of the City. Except as set out herein, the City agrees to maintain the concession/restroom, and storage structure's various components including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Little Cedar Bayou Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Little Cedar Bayou Park are not reserved and are available on a first-come, first-served basis. III. The Association agrees to operate the Concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth softball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages. The Association agrees to clean the restroom facilities, in addition to the City's regular cleaning schedule on an as needed basis, during the Association's use of the facilities to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion and the batting cage area of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, batting cage operations, and conduct of all its activities at the youth softball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the youth softball facilities listed in Exhibit A and at any future youth softball facilities located on City property. IV. Batting cages shall not be open for use by the general public by the Association under any circumstance, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Page 2 ot6 e e Association shall be applicable. Use of other softball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to use the various youth softball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup softball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no league/team practice, 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, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. 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. VII. 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 pursuant to 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. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a maximum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Association's scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such Page 3 ot 6 e e Association shall be applicable. Use of other softball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to use the various youth softball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup softball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no league/team practice, 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, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. 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. VII. 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 pursuant to 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. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a maximum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Association's scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such Page 3 ot6 e e coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. IX. 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. X. 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. XI. 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 term 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 Commissioner 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 softball facilities that may be contemplated in the City. XII. The Association shall maintain a favorable financial position during the term of this agreement. The Association will provide annual financial reports to the City comprised of a balance sheet, revenue statement and expense statement. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. XIII. 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. Page 4 ot6 e e IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have the effect of an original as follows: (A) It has b~en executed on behalf of the City on the bI- day of (}(J Ale , 1999, 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 It has been xecuted on behalf of the Association on thedSH day of , 1999, by its Commissioner and attested by its Secretary, p uant to authorization from the Board of Directors of the La Porte Girl's Softball Association, authorizing such execution. (B) CITY OF LA PORTE BY:CS<~ T: ~ Robert T. Herrera, City Manager ATTEST: By: ~ Page 5 ot6 e e EXHIBIT A There are currently three (3) designated youth softball fields and one (1) additional field to be completed in the near future, one (1) combination concession/restroom facility, and two (2) batting cages covered by this Agreement at the date of execution. Additional fields and facilities that may be added in the future shall be considered a part of this agreement by signature of both parties. The designated youth softball facilities covered by this agreement are as follows: LITTLE CEDAR BAYOU PARK At the date of execution of this agreement, there are three youth softball fields located at Little Cedar Bayou Park,_600 Little Cedar Bayou Drive, La Porte, Texas. La Porte #1 - designated as the youth softball field located north of the restroom/concession facility, and south of the entrance to Little Cedar Bayou Park, coming east off Little Cedar Bayou Drive. La Porte #2 - designated as the youth softball field directly south of La Porte #1, and south of the restroom/concession facility. La Porte #3 - designated as the youth softball field directly south of La Porte #2, bounded on the west side by the Multi-purpose Soccer Field, on the east by the adult soccer field, and on the south by Bay Forest Golf Course. La Porte #4 - designated as the future youth softball field bounded on the west side by the adult soccer field, bounded on the north side by the Little Cedar Bayou Wave Pool, and on the south by Bay Forest Golf Course. Lomax #3 - designated as the northernmost field at Lomax Park. Use of this field will continue until completion and use of La Porte #4 above, begins by the Association. At that time the use of the Lomax facilities by the Association will end. Softball Concession/Restroom Facility - located between La Porte #1 and La Porte #2 as designated above. Youth Softball Batting Cages - located directly east of La Porte #3 and west of the adult soccer field, as designated above. Page 6 ot 6 e e La 1=bt"te Girls Softball AssociatioJ'\ P.O. Box 1281 La Porte, Tx 77572 May 20, 1999 Mr. Stephen L Barr, Director Parks & Recreation Depa.rl1nl!nt CilJ of La Porte P.O. Box 111-5- La Porte, Texas 77572-1115 Dear Mr. B~, I hereby certify that the Agreement between the La Porte Girl's Softball Association (LPGSA) and the Cil1 of La Porte for use of city girl's softbaU /adlilks of Little Cedar Ba,oU Park was approved by the Board of Directors of the Association at its regular meeting on May 18, 1 ~99, subject to approval by the City Council of La Porte. . q there are questions or other information regarding this matter, please do not hesitat.e to contact me. Sincerely YO'frs, ~~ Bridget Yeary Secretary La Porte Girls Softball Association La Porte, Texas