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HomeMy WebLinkAboutResolution - 2006-R0227 - License Agreement For Youth Sports Programs - Dixie Little League - 05_25_2006Resolution No. 2006-RO227 May 25, 2006 Item No. 5.2 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Athletic Facility License Agreement for youth sports programs, by and between the City of Lubbock and Dixie Little League for the use of Lewis Park, located at 54`h and Avenue L, and related documents. Said License Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 25th ATTEST: 7r Rebecca Garza Cit Secretary arY APPROVED AS TO CONTENT: day of May '2006. DAVID A. NALLER, MAYOR Rand Truesdell, Community Services Director APPROVED AS TO FORM: M. Knight, As-s`istdt City ttorney gs/ccdocs/License Agrmnt-Dixie Little League.res May 16, 2006 Resolution No. 2006-RO227 1Vtay IS, 2666'12nuai'y 18, 2006 Item No. 5:2 2006 ATHLETIC FACILITY LICENSE AG19N' This License Agreement (the "Agreement") is entered into on this 18th day of January, 2006, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation and Dixie Little Lea ue hereinafter referred to as "League," "Licensee", or "Association." ARTICLE I General Statement of Duties Section 1.01. In consideration of the mutual covenants of this Agreement, and of other good and valuable consideration, the City hereby grants, upon the terms and conditions set forth in this Agreement, a license on and over certain property owned by the City and commonly known as Lewis Park located at 54th and Avenue L, in the city of Lubbock, County of Lubbock, State of Texas, hereinafter referred to as "Property," to Licensee, for the sole purpose of utilizing the Property for youth sports programs. Section 1.02. League agrees to provide all services relating to the operation of the League, including but not limited to, the development of roster lists, the payment of league fees, the scheduling of all games and tournaments, the assignment, training and payment of referees and score keepers and other services which may be necessary for the orderly administration of such League. Scheduling shall be accomplished so as not to conflict with Parks and Recreation sponsored activities on the premises. Section 1.03 In turn, the City agrees to allow the League to use facilities described on the attached Exhibit "A" for the purpose of conducting games and practice sessions on an exclusive basis based on historical use. In the event that an athletic facility is to be shared (i.e. tournament purposes), facility use shall be negotiated between the Associations/Leagues that historically use the facility. January 18, 2006 Section 1.04. City disclaims any responsibility for the operation of the activities of the Association. City's involvement is limited solely to those specific tasks identified in this agreement. Any internal complaint between participants, spectators or officials, or between leagues of the Association, shall be resolved internally without recourse to the City Parks and Recreation Director or their designee. Section 1.05. Licensee agrees to abide by all the terms and provisions of the City's policies regarding the Property as established by the City's Parks and Recreation Department and contained herein. Article II Organization of League Section 2.01. The importance of the duties delegated to the League make it imperative that the League be a formal organization with clearly delineated lines of authority. By entering into this agreement, League pledges that it is a legitimate organization with clearly delineated lines of authority with officers who are authorized to speak for the League. The League shall have written operating procedures and bylaws, which shall be furnished to the City upon request. ARTICLE III Terms of Agreement Section 3.01. This agreement shall commence upon its execution by the Parties and shall terminate when the last League game has been played or the last tournament has been completed according to the schedule required in Section 5.15. However, any party has the right to terminate this agreement any time in the event the other party does not comply with the terms and conditions of such agreement and fails to promptly cure the breach after receiving written notice. January18, 2006 ARTICLE IV Consideration Section 4.01. As partial consideration for the use of Facilities, League shall perform its own maintenance on the fields as described in Article IX. The League will pay the city a user fee in the amount of $2 per participant under the condition that this agreement is signed by the League President and submitted, along with league schedules, to the Outdoor Recreation Supervisor or designee prior to the League's first game. If this agreement and the required documents are turned in after the start of the League's season, then the league will pay a user fee in the amount of $4 per participant. This fee along with proof of insurance is due in the Parks and Recreation office no later than 2 weeks into the leagues regular season of games. Failure to comply will result in action being taken which may include immediate forfeiture of this agreement. ARTICLE V Administrative Provisions Section 5.01. The Property shall be open to the general public. Licensee shall not permit any discrimination in its use of the Property based on race, color, sex, religion, national origin, physical handicap or disability. Section 5.02. Nothing contained in this Agreement shall be construed to prohibit the right of entry or use of the Property by the City, in, on, over and/or across the Property, at any and all times, and for any and all purposes, and City expressly reserves the right to enter upon the Property and any and all improvements located thereon to conduct any and all activities the City deems necessary. Section 5.03 The City shall provide and maintain locks on all City -owned buildings and facilities. The Licensee may not change the locks at anytime. The Outdoor Recreation Supervisor or their designee will check out keys to the League President at the beginning of each season, as January 18, 2006 long as, the Licensee has submitted this signed agreement and provided proof of insurance as required in Section S. A deposit of $100 per key will be required before keys are issued. The keys must be returned to the Parks and Recreation offices at the end of the season. The key deposit will not be returned until all obligations outlined in this agreement have been fulfilled. Section 5.04. The City shall retain all authority placed in it which is non -delegable. No provision of this Agreement shall be construed as delegating any non -delegable right, power or duty of the City. Section 5.05. No failure to exercise, and no delay in the exercise on the part of the City, of any right hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the City hereunder shall be in addition to all other rights provided by law. Section 5.06. Any notice required or permitted to be given herein must be given in writing and must be personally delivered, delivered by telephonic facsimile, or mailed by prepaid certified or registered mail to the party to whom such notice or communication is directed at the address of such party as follows: City: Park and Recreation Director Parks and Recreation P.O. sox 2000 Lubbock, TX 79457 (806) 775-2687 Fax: (806) 775-2686 Licensee: ��er4gs'q 6/ado'<e-11' Dixie Little League YZ b 3 ah;�p/ j,4t ad , 7y M'5.8 January 18, 2006 Any such notice or other communication shall be deemed to have been given (whether actually received or not) on the date it is personally delivered or delivered by telephonic facsimile, or, if mailed, on the third day after it is mailed as aforesaid. Any party may change its address for purposes of this Agreement by giving notice of such change to all other parties. Section 5.07. This license is personal to Licensee. Licensee shall not assign or sublet this license. Any attempt to assign or sublet this license shall terminate the license granted herein. Section 5.08. Unless otherwise provided herein or required by law and/or local ordinance, charter or code, any action required or permitted will be taken by City shall be taken by the City Manager of the City of Lubbock or any party designated by him or her. Section 5.09. The relationship between the City and Licensee is at all times solely that of licensor and licensee, and may not be deemed, in any event, a partnership or a joint venture. Section 5.10. This Agreement is to be construed under Texas law, without regard to conflict of law rules that would direct application of the laws of any other jurisdiction, and all obligations of the parties created by this Agreement are performable in Lubbock County, Texas. Venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. Section 5.11. If any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, which shall be construed as if it had not included the invalid, illegal or unenforceable provision. Section 5.12. This Agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter hereof. January 18, 2006 Section 5.13. No amendment, modification, or alteration of this Agreement is binding, unless in writing, dated subsequent to the date of this Agreement, and duly executed by the parties. Section 5.14. The intent of this Agreement is to grant a license to Licensee to utilize the Property solely for the purpose described herein. This agreement shall not be construed, in any way, manner or form, as a lease of the Property or as conveying to Licensee any interest in the real property comprising the Property. Section 5.15. The Licensee shall provide the following information to the Outdoor Recreation Supervisor, or their designee, for his/her review and approval at least one week prior to the League play: • The beginning and end dates of their prospective season. (League Profile Form) • A complete list of all coach and assistant coaches names, team name and contact # • A complete schedule of all games to be played during the season, including all tournaments and special games. The Licensee must update the City immediately if any changes, deletions or additions are made to that schedule • A current list of board members and officers, showing position, address and telephone numbers. • The name, phone number and other information of a contact person that will handle all communications and maintenance requests with the City. • A copy of the Insurance Certificate for the Licensee (Sec. 8.04) • A list showing the total number of individuals and teams registered with the Licensee. (Facility Determination Form) Section 5.16. A "Year's End" report shall be submitted to the Parks and Recreation Outdoor Recreation Supervisor or their designee. This report must be in receipt no later than September 30"' of the current year and must contain the following: January 18,2006 • Revenue (total) • Expenditures (total) • Number of participants 9 Other reports required by the Outdoor Recreation Supervisor, or their designee, to provide adequate information regarding the operation of League during the term of this agreement. Section 5.17. City shall have the right to examine, inspect and audit all records and files of Licensee relating to the operation of the league or association. Such records shall be kept accurate and complete, and available for inspection at any reasonable time determined by the City. Section 5.18. City makes available for the League's use its premises and park facilities "as is" and without any representation or assumption of risk by the City and its employees for injuries, cost or expense, arising out of the condition, operation, maintenance or design of such premises and park facilities including light facilities, bleachers, fences, buildings, parking areas and any other structures, facility or improvement located on City property. ARTICLE VI Construction Section 6.01. No construction of any type or kind, including additions or alterations to existing structures or structures completed, or caused to be completed, by Licensee and/or placement or location of improvements unless approved in writing by the City. Any said improvements shall be at the sole cost and expense of Licensee unless otherwise approved by the Parks and Recreation Director or their designee. The Licensee will maintain all structures and/ or Equipment that have been improved or added by the Licensee. Section 6.02 The City will install new scoreboards bought by the Licensee as long as the scoreboard meets specifications required by the City. It is the League's responsibility to contact the 7 January 18, 2006 Outdoor Recreation Supervisor or designee to get a list of scoreboard specifications prior to the league purchasing the scoreboard. Requests to install new scoreboards must be submitted in writing 30 days prior to the start of the season. Section 6.03. Any and all buildings, improvements, additions, alterations and fixtures constructed, placed, located and/or maintained on any part of the Property, with the exception of any scoreboard bought by Licensee as described in Section 6.02, during the term of this Agreement are considered part of the real property and must remain on the Property and, subject to the terms of this Agreement, become property of the City, from and after the termination of this Agreement ARTICLE VII Compliance Section 7.01 Licensee shall comply with all applicable federal, state and local rules, regulations, statutes, laws and ordinances governing, in any way, manner or form the construction activities contemplated herein. Section 7.02. Licensee shall comply with the Athletic Field Signage Advertising Policy that is set forth in Exhibit "B" which is attached hereto and incorporated as if fully set forth herein. Section 7.03. At any time the licensee occupies the LaLa and Conrado Cavazos Complex shall pay the City of Lubbock a S% commission of all advertising sales. The commission is due within 15 days of the completion of the season. ARTICLE VIII Insurance, Indemnity and Release Section 8.01. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY January 18, 2006 HIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES. LICENSEE FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, LICENSEE SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY SUCH PARTIES IN ENFORCING LICENSEES' INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND LICENSEE HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, January 18, 2006 CLAIMS OR LIABILITIES TO LICENSEE, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OF DEGREE, OR FAULT, OF THE CITY, ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OF FORM, THE UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PART OF THIS AGREEMENT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. Section 8.02. In consideration for the privilege of use of the Property, Licensee specifically assumes any and all liability that may arise due to premises defects upon any or all improvements which exist on the Property at the time of execution of this Agreement or any and all improvements which are construed thereafter related to or arising out of Licensee's use. Section 8.03. Licensee shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with this Agreement, including, but not limited to, all aspects, operations and/or occurrences to which Licensee had indemnified the City, as provided above. Licensee and/ or its contractors shall have comprehensive general liability insurance, with limits of $1, 000, 000.00 combined single limit in the aggregate and per occurrence. Said policy shall specifically include coverage for sporting and athletic events. The City shall be named as an additional insured in such policy. Section 8.04. A Certificate of Insurance specifying each and all coverage's shall be submitted to the City prior to the execution of this Agreement. Licensee shall provide to the City proof of the insurance on or before fourteen (14) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (a) give notice to the City, as 10 January18,2006 specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (b) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. Licensee shall notify City immediately in the event Licensee's insurance coverage shall be suspended, voided, canceled and/or reduced in coverage or limits. Section 8.05 Vandalism or break-ins must be reported to the Outdoor Recreation Supervisor or their designee within 24 hours of occurrence. In the event a Parks and Recreation Department Employee find the damage, the Licensee will be notified immediately. The Licensee must provide a representative to assess the damage and missing property for insurance and police report purposes. If the representative is unable to meet with the police at the time of the report, then it is the sole responsibility of the Licensee to ensure this information is included on the police report. ARTICLE IX Maintenance Section 9.01. A Parks and Recreation Employee will meet with the current president at the end of each season at the facility to perform an inspection. After the inspection is finished, it shall be the responsibility of the Licensee to submit any maintenance requests in writing to the Parks and Recreation Director or their designee. Maintenance requests, including major repairs or construction and/or painting, must be within 30 days after the end of the season. All maintenance requests must be submitted in writing throughout the season. Off-season maintenance requests will not be performed unless the Licensee has met all obligations outlined in this agreement. Section 9.02. The City shall perform maintenance on the Property in which the Licensee conducts games. Those duties are set forth in Exhibit "A" which is attached hereto and incorporated as if fully set forth herein. 11 January 18, 2006 Section 9.03. Major repairs to City owned the City should also make equipment and fixtures. At the expiration of this agreement or earlier termination thereof, Licensee agrees to surrender the premises in good condition, reasonable wear and tear expected. Section 9.04. At no time shall anyone perform nor contract for the performance of any fertilizing or herbicide or pesticide application without written permission from the Parks and Recreation Director or their designee. Section 9.05 The City will remove litter from the individual refuse containers two (2) times a week. The Licensee must request additional litter pick-ups five (5) business days in advance. Grass clippings are not allowed in refuse containers. All grass clippings must be placed in the dumpsters. All boxes or containers must be broken down before placing in refuses containers and/or dumpsters. Section 9.06 In the event a City Representative identifies an item that the licensee must repair, written notification will be given to the Licensee by the Parks and Recreation Director, in which, the Licensee will have one week to make the noted repairs. In the event that such repairs will take longer than the allotted week, written approval will be given to the Licensee. Section 9.07 If the Licensee retains the services of the City to complete any tasks, other than those outlined in Exhibit A, the City will bill the Licensee once all tasks have been approved by the Parks and Recreation Director. ARTICLE X Concession Sales & Vendors Section 10.01. Any Licensee wishing to offer concessions (i.e. food, beverage) for sale on Property must make those intentions known to the Parks and Recreation Outdoor Recreation Supervisor or their designee. 12 January 18, 2006 Section 10.02. All concession facilities and their operations must meet applicable federal, state and local laws, ordinances, statutes and rules. Failure to comply with applicable federal, state and local laws, ordinances, statutes and rules may result in sanctions to be determined by the City including and up to the termination of this Agreement. Section 10.03 Any Licensee wishing to permit vendors on Property must notify the Outdoor Recreation Supervisor or their designee in writing. It is the responsibility of the Licensee to ensure all vendors have the proper permits, required insurance, and abide by City ordinances. ARTICLE XI Utilities Section 11.01. The City shall provide water for services such as irrigation, restrooms, concessions and drinking fountains. Section 11.02. The Licensee must contract Lubbock Power and Light for electricity. The electrical meter shall be registered to the Licensee. It shall be the sole responsibility of the Licensee to make all payments and remain in good standing with Lubbock Power and Light. Section 11.03 The electrical meter will be switched from the City to the Licensee prior to the season starting on the fields that are occupied by Parks and Recreation programs. The City will control section 11.04 Water for irrigation systems so that watering schedules and mowing schedules do not conflict. Licensee must submit any watering schedule requests in writing to the Parks and Recreation Director or their designee. ARTICLE XII Termination Section 12.01. Should either party default in the performance of any provision of this Agreement, and not correct the default within thirty (30) days after receipt of written notice from no defaulting party, the no defaulting party may declare this Agreement, and all rights and interests 13 January 18, 2006 created by it, to be terminated. Upon no defaulting party's electing to terminate, this Agreement shall cease and come to an end as if the day of no defaulting party's election were the day originally fixed in this Agreement for its expiration, provided that, should defaulting party cure all defaults within the thirty (30) day notice, this Agreement shall not be canceled. No defaulting party may, in its discretion, allow defaulting party more than thirty days to cure defaults if such time is, in the opinion of no defaulting party, reasonably necessary. Section 12.02. Either party may terminate this Agreement for any reason by notifying the other party in writing sixty days prior to the date of termination. Section 12.03. Upon termination of this Agreement, Licensee shall have thirty days to remove from Property all personal property owned by it. 14 January 18, 2006 ARTICLE XIII Enforcement Section 13.01. City may enforce this Agreement by terminating lighting facilities, locking the facilities, barring concession sales, or in any other manner that would discontinue the use of the facilities by the League or Association with prior notice as a result of the failure of League or Association to comply with the terms and conditions of this Agreement. Section 13.02. The City shall act in an appropriate manner in dealing with any violation of any applicable federal, state or local laws, ordinances, statutes and/or rules. EXECUTED this 25th day of May of the year 2006 , by the duly authorized representatives of City and Licensee. CITY OF LUBBOCK: David A. Nfiller, Mayor ATTEST: oar' Rebecca Garza, City Secretary AP PRO TO ONTENT: Randy T esd Community S 4ices Director Approved As To Form M. Knight Assistant City Attorney LEAGUE: Dixie Little League BY( �AA064 Teresa Headrick, League President 15 Resolution No. 2006-R0227 January 18, 2006 ATHLETIC FACILITY LICENSE AGREEMENT "EXHIBIT A" Maintenance Responsible Party Youth Baseball Youth/Adult Soccer Youth Softball Adult Softball City of Lubbock Drag & Mark Fields Daily Daily Daily (Pays the City) Maintain proper level of surface material on in -field Daily Dail Insure safety of participants/spectators Daily Daily Daily Dail Mowing *Weekly Remove refuse Weekly (twice a week Inspect bleachers Monthly Fertilize "Yearly Steel Tooth Softball Fields Yearly End of Year Inspection with City representative Yearly Yearly Yearly Yearly Crown Softball Fields Yearly Provide, install & maintain bases, home plates & pitching rubbers As Needed As Needed Maintain scoreboards and scoreboard components, including light bulbs As Needed As Needed Maintain PA system As Needed As Needed As Needed Maintain concession equipment As Needed As Needed As Needed Irrigation Repair As Needed Install new scoreboards meeting City specifications As Needed Cut base lines As Needed Provide refuse containers litter barrels As Needed Repair fencing & bleachers As Needed Repair plumbing on restrooms & permanent concession buildings As Needed Repair electrical & lighting As Needed Irrigation As Needed Turf Aeration As Needed Herbicide **As Needed Pre & Post Pesticide **As Needed Foul Lines As Needed *During growing season (approximately 20 times per year) **Depends on Budgetary Allocations 16 January 18, 2006 ATHLETIC FACILITY LICENSE AGREEMENT "EXHIBIT B" Athletic Field Signage Advertising Policy I. All requests for permission to place advertising signs on athletic fields located on City parks shall be made to the Outdoor Recreation Supervisor. II. Parks that are eligible for such requests include the following: Berl Huffman Athletic Complex Lewis Mackenzie Mae Simmons Maxey Mose Hood Clapp III. Location: Helen Hodges McAlister Lou Stubbs Stumpy Hamilton Advertising signage may be placed on the outfield fence and scoreboard facing towards the infield. IV. Size: Signs are to be no taller than the outfield fence and no wider than ten (10) feet. All signs are to be uniform in size on each field. V. Duration: Signs are to be installed no earlier than one week prior to the competition season. Signs are to be removed no later than ten (10) days after the completion of the season. Signs affixed to scoreboards may remain throughout the year as long as the sign is permanently attached to the scoreboard structure. VI. Subject Matter: Signs shall be in good taste and not promote alcohol, tobacco or nudity. VII. Maintenance: It is the responsibility of the league to properly install, remove and maintain the signage. Signs must remain in quality condition and not pose a hazard to participants or spectators. 17