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HomeMy WebLinkAboutO-1998-2230 . . ORIGINAL ORDINANCE NO. 98- 2230 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB, REGARDING "THE USE OF SOCCER FACILITIES; SUPERSEDING A LIKE AGREEMENT BETWEEN THE PARTIES DATED AUGUST 12, 1996; 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 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e ORDINANCE NO. 98- 2230 PAGE 2 PASSED AND APPROVED, this ~day Of~, 1998. CITY OF LA PORTE BY:~~ orman L. Mal e Mayor ATTEST: ~(jAlAIl O. JldhI a tha A. Gillett City Secretary Knox W. Askins City Attorney e . AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE 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 La Porte 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. II. 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. Facility Use Agreement, page 1 of 6 e e III. The City has also provided, with assistance from the Association, a concession/restroom 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 in Paragraph 3 below, the City agrees to maintain utility service to the concession/restroom'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 Northwest 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 Northwest Park are not reserved and are available on a first-come, first-served basis. IV. 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 telephone service as well as equipment for the concession facility at the youth soccer facilities, including but not limited to the following: microwaves, refrigerators, ice machines, freezers, and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession building. 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 of the facility at its expense. All revenues produced by 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, and conduct of all its activities at the youth soccer facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth soccer facilities located on City property. v. 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, Facility Use Agreement, page 2 of 6 e e 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 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. VIII. 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 one million dollars ($1,000,000.00) 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. 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. Facility Use Agreement, page 3 of 6 e e 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 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. XII. 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 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. XIV. This agreement supersedes the agreement between the parties dated August 12, 1996, and approved by City of La Porte Ordinance No. 96-2126. Facility Use Agreement, page 4 of 6 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 been executed on behalf of the City on the 10ft- day of ~ ' 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 13fJ.-day of tHY/'I, 1998, by its President and attested by its Secretary, pursua~ authorization from the Board of Directors of the La Porte Soccer Club, authorizing such execution. CITY OF LA PORTE By:Q~ T: ~ Robert T. Herrera, City Manager ATTEST: Mart a Gillett, City Secretary Facility Use Agreement, page 5 of 6 e e 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 corner of the park; bounded on the north by AP@ 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 corner of the park; bounded on the north by AP@ Street; 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. The concessionlrestroom facility referred to in this agreement, when completed and dedicated, shall be located at a pre-approved site in Northwest Park. Facility Use Agreement, page 6 of 6 I I ..........r ~. e P.O. Box 2033 La PorI8. T_ 77511 PlJlJ=281-31S-1001' ... , ",1 April 08, 1998 I ! i Mr. Stephen L. Barr, :Oirector Parks & Recreaticm Depanment City of La Porte i P.O. Box 111S , La Porte, Texas 77S71! AGREEMENT FOR SOCCER FACR.ITIES I hereby c:eni1Y that th~ Agreement betweea the La Porte Soccer Association and the City of La Porte for use oftbe city soccer filciIities, ~d the Asreement between the La Porte.soccer Association and the City of La Porte for CODStIUction of a conaSoDlpavilion ficility at Northwest Park; was approved by the Board ofDirecton of the Association at an emerJency board meetiDa on April 1, 1998, subject to approval by the City Council of La Porte. lfthere ace questiODS Dr other information regarding this matter, please do not hesitate to COJIt8Ct me at (281) 470-2341. '.~M- #, ~)I , -- ;;;;7 : r 6 S La Porte Soccer Also_em La Porte, Texas .