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HomeMy WebLinkAboutO-2002-2567 . . ORDINANCE NO. 2002-B~~? AN ORDINANCE AUTHORIZING THE EXERCISE BY THE CITY OF LA PORTE OF AN OPTION TO BXTEND FOR AN ADDITIONAL FIVE YEARS, THE AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE BOY'S BASEBALL ASSOCIATION REGARDING THB USE OF DESIGNATED YOUTH BASEBALL FACILITIES, DICING 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 e ORDINANCE NO. 2002-a,'StpfJ PJ.\GE 2 PASSED AND APPROVED, this 22nd day of July, 2002. By: ,~OF n ~T~., ~~LNU ~\~~ Norman L. Malone Mayor ATTEST: ~ fl, r!ImII Mar-ha A. Gillett City Secretary AP~1tI~ Knox W. Askins City Attorney e e AGREEMENT BETWEEN THE CITY OF lA PORTE AND THE lA PORTE BOY'S BASEBAll ASSOCIATION REGARDING THE USE OF DESIGNATED YOUTH BASEBAll FACILITIES BECAUSE, the City of La Porte (the "City') is the owner and operator of various youth baseball facilities as part of the parks and recreational facilities of the community; and Because, the La Porte Boy's Baseball Assoeiation (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 youth baseball 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 I 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 baseball facilities as described in "Exhibit A" which is attached and herein as if set out herein verbatim, 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 February through the last weekend in December for each year that this Agreement is in effect. Use is limited to Monday through ~, from 7:00 a.m. until 11 :00 p.m. .each day. The Association shall have exclusive right and responsibility for scheduling, organizing and conducting youth baseball league games, practice games, league/team practices, tournament games, and league playoff games at the youth baseball facilities listed in Exhibit A. 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 limited responsibility for maintenance of all structures located on City property at Fainnont 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 baseball facilities listed in Exhibit A. The Association will be responsible for routine marking, and field preparation of the youth baseball facilities as listed in Exhibit A. The City will manage all operations related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. Page 1 of 6 e e The City has also 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 in Paragraph 3 below, the City agrees to maintain utility service to 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 Fairmont 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 Fairmont 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 qatting cages and concession stands at the youth baseball 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 and turf maintenance inside and around the 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 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 baseball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property. IV. Balling cages shall not be open for use by the general public by the association under any circumstances, 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 Association shall be applicable. Use of other baseball 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 baseball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance ors Page 2 of 6 e e construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup youth baseball or other field sports games at the youth baseball 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, dragging, 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 servi~es 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 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. VII. 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 minimum 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 coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. Page 3 of 6 e e 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 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 I._ of the Association and the City Manager or his designee. Should either party choose not to exercise their option, the agreement shall be considered to be 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 boy's baseball 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 financial control structure of the Association and to perform other audit steps as necessary to protect its interests. XII. 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 of 6 e e IN TESTIMONY WHEREOF, this instrument has been renewed and 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 July 2002 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 the As~~ciation on the).'1 ~ay of July 2002 by its President and attested by its Secretary, pursuant to authorization from the Board of Directors of the' La Porte Boy's Baseball Association, authorizing such execution, ATTEST: CITY OF LA PORTE By:G~ T, \-\~~ Robert T. Herrera, City Manager LA PORTE BOY'S BASEBALL ASSOCIATION ATTEST: As~~~/!fk~ By: \2 ~ 1<- Rob RDt t:~ 1 A~PRO~ED ~s TJ FO~M;/,. ) ~(,z,~ a~. 6;i:J-/ Knox W. Askins, City Attomey Page 5 of 6 e e EXHIBIT A The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington Street in La Porte, Texas, and are identified as follows: Field #1 Field #2 Field #3 Field #4 Concession/Restroom Building Field #5 Field #6 Field #7 Batting Cages Storage BiJilding . is the southernmost baseball field at the park, located on the southwest corner of the park; bounded on the west by Harris County Flood Control District ditch; on the south by the vehicle parking lot off Farrington; on the east by Field #2; and on the north by Field #3. is located immediately east of Field #1, and southeast of the Concession/Restroom building. is located immediately north of Field #1, and northwest of the Concession/Restroom building. is located immediately east of Field #3, and northeast of the Concession/Restroom building. is located in the center of the cloverleaf formed by Fields #1 -4. is located immediately north of Field #3. is located immediately north of Field #4. is located northwest of Field #6. are located north of Field #6, and southwest of Field #7. is located east of the Concession/Restroom building, outside the cloverleaf formed by Fields #1-4. 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