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HomeMy WebLinkAboutResolution - 4017 - Agreement - LISD - Renovation & Usage Of Hodges Ball Fields - 11_12_1992Resolution No. 4017 November 12, 1992 Item #30 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 Agreement with Lubbock Independent School District for joint use of Hodges Baseball Field located in K. N. Clapp Park in the City of Lubbock. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: &d2L,� S-iLc-c Sally Sti4l Abbe, Acting City Secretary APPROVED TO CONTENT: Lee 0 orn, Director of Parks an Recreation APPROVED AS TO FORM: Linda L. C ama es, Assistant City Attorney LLC:js/HODGES.RES Di-AGENDA/November 4, 1992 12th day of November , 1992. AVID R. STON, RAYDR Resolution No. 4017 November 12, 1992 Item #30 CONTRACT FOR THE JOINT OPERATING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND LUBBOCK INDEPENDENT SCHOOL DISTRICT FOR HODGES BASEBALL FIELD This Contract and Agreement is made and entered into between LUBBOCK INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "LISD", and CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY". W I T N E S S E T H: In consideration of the premises and agreements contained herein between the parties hereto, it is mutually agreed that joint use is to be made of the property known as HODGES BASEBALL FIELD located in K. N. Clapp Park, hereinafter referred to as "HODGES FIELD", by execution of this Joint Use Agreement. ARTICLE I TERM 1.1 Term. The term of this Contract is for a period of one (1) year commencing on November 1, 1992, and ending on October 31, 1993. 1.2 Renewals. LISD is granted ten (10) separate options to renew this Agreement, each for an additional successive one (1) year term to thereby renew and extend this Agreement up to a maximum of ten (10) additional years. To exercise each option to renew, LISD must give written notice to the CITY of its election to renew for one (1) additional year not less than thirty (30) days before the expiration of the Agreement. ARTICLE II CONSIDERATION In consideration of LISDIS use of HODGES FIELD and performance of its obligations under this Agreement, LISD shall compensate the CITY in the amount of ONE AND N0/100 DOLLAR ($1.00) per year. All payments by either party for the performance of government functions and services shall be made from current revenues available to that party in compliance with Texas Government Code, Chapter 791. ARTICLE III COORDINATING ACTIVITIES 3.1 LISD, acting through its Superintendent or his designee, and the CITY, acting through its Director of Parks and Recreation, will cooperate and coordinate recreational activities of LISD and CITY so that the area covered by this Agreement will be, at all times, available for public school baseball programs during the baseball season. 3.2 LISD will submit baseball schedules to the CITY that include practice times as well as game dates so that scheduling conflicts will not arise. JOINT OPERATING AGREEMENT/CITY & LISD HODGES BASEBALL FIELD ---- PAGE 2 3.3 It is understood that LISD is to have preference in the event there are makeup games or Interscholastic League play-off games which were not included in original schedules submitted to the CITY. 3.4 Prior to the CITY'S scheduling activities at HODGES FIELD during baseball season, consultation will be made with LISD Athletic Officials to coordinate schedules. ARTICLE IV CITY'S OBLIGATION During the term of this Agreement, the CITY will maintain the grounds and facilities in a good workmanlike manner. The CITY agrees to inspect and to maintain the grounds and facilities in a good condition at all times during this Agreement. ARTICLE V LISD'S OBLIGATIONS LISD agrees to make the following improvements to HODGES FIELD: A. Relocate and refurbish existing bleachers; B. Construct new fences, backstops, and dugouts at locations to increase space between the baselines and the fence/dugout lines; C. Increase height of left and right field fences to twelve (12) feet, and increase height of center field fence to eighteen (18) feet; D. Install a dark colored screen at center field fence area; JOINT OPERATING AGREEMENT/CITY & LISD HODGES BASEBALL FIELD ---- PAGE 3 E. Install scoreboard; and F. Improve concession building. Upon termination of this Joint Use Agreement, any improvement to the grounds or existing structures will become the property of the CITY, with the exception of the scoreboard which will remain the property of LISD. ARTICLE VI TERMINATION This Agreement may be terminated by mutual agreement of both LISD and CITY at any time upon the giving of six (6) months written notice of intention to terminate. Mutual agreement is defined as both parties consenting in writing to the unconditional dissolving of this Joint Use Agreement. All notices shall be in writing and sent by registered or certified mail addressed as follows: To LISD: Superintendent LUBBOCK INDEPENDENT SCHOOL DISTRICT 1628 19th Street Lubbock, Texas 79401 To CITY: City Manager CITY OF LUBBOCK, TEXAS 1625 13th Street P. O. Box 2000 Lubbock, Texas 79457 ARTICLE VII CONCESSIONS 7.1 LISD will have complete control of any concessions placed on the premises during the school baseball season. JOINT OPERATING AGREEMENT/CITY & LISD HODGES BASEBALL FIELD ---- PAGE 4 7.2 After the LISD baseball season concludes, the CITY will control the concession or activities at HODGES FIELD. ARTICLE VIII VENUE Venue will in Lubbock, Lubbock County, Texas. EXECUTED this the 12th day of November , 1992. LUBBOCK-1-PFBER`ENDENT SCHOOLiDISTRICT ROY GJRIMFRS,%� $9ARW PRESIDENT CITY OF LUBBOCK, TEXAS BY: �2 l« -� DAVID GST MAY R ATTEST: sLckl 6lzl— Sally Sfjll Abbe, Acting City Secretary APPROV AS TO CONTENT: Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney LLC:js/A-HODGES.DOC D5-Contracts/November 2, 1992 JOINT OPERATING AGREEMENT/CITY & LISD HODGES BASEBALL FIELD ---- PAGE 5 Resolution No. 4017 November 12, 1992 Item #30 j 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 Agreement with Lubbock Independent School District for joint use of Hodges Baseball Field located in K. N. Clapp Park in the City of Lubbock. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of November , 1992. f s A ID R-NIANGSTON, MAYIDR ATTEST: Sally StiIJ Abbe, Acting City Secretary {:/APPROVED TO CONTENT: i� 41 I Lee Ot orn, Director of Par s an J Recreation APPROVED AS TO FORM: Linda L. C ama es, Assistant City Attorney LLC:js/HODGES.RES D1-AGENDA/November 4, 1992 Resolution No. 4017 November 12, 1992 Item #30 CONTRACT FOR THE JOINT OPERATING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND LUBBOCK INDEPENDENT SCHOOL DISTRICT FOR HODGES BASEBALL FIELD This Contract and Agreement is made and entered into between LUBBOCK INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "LISD", and CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY". W I T N E S S E T H: In consideration of the premises and agreements contained herein between the parties hereto, it is mutually agreed that joint use is to be made of the property known as HODGES BASEBALL FIELD located in K. N. Clapp Park, hereinafter referred to as "HODGES FIELD", by execution of this Joint Use Agreement. ARTICLE I TERM 1.1 Term. The term of this Contract is for a period of one (1) year commencing on November 1, 1992, and ending on October 31, 1993. 1.2 Renewals. LISD is granted ten (10) separate options to renew this Agreement, each for an additional successive one (1) year term to thereby renew and extend this Agreement up to a maximum of ten (10) additional years. To exercise each option to renew, LISD must give written notice to the CITY of its election to renew for one (1) additional year not less than thirty (30) days before the expiration of the Agreement. ARTICLE II CONSIDERATION In consideration of LISD'S use of HODGES FIELD and performance of its obligations under this Agreement, LISD shall compensate the CITY in the amount of ONE AND N0/100 DOLLAR ($1.00) per year. All payments by either party for the performance of government functions and services shall be made from current revenues available to that party in compliance with Texas Government Code, Chapter 791. ARTICLE III COORDINATING ACTIVITIES 3.1 LISD, acting through its Superintendent or his designee, and the CITY, acting through its Director of Parks and Recreation, will cooperate and coordinate recreational activities of LISD and CITY so that the area covered by this Agreement will be, at all times, available for public school baseball programs during the baseball season. 3.2 LISD will submit baseball schedules to the CITY that include practice times as well as game dates so that scheduling conflicts will not arise. JOINT OPERATING AGREEMENT/CITY & LISD BODGES BASEBALL FIELD ---- PAGE 2 3.3 It is understood that LISD is to have preference in the event there are makeup games or Interscholastic League play-off games which were not included in original schedules submitted to the CITY. 3.4 Prior to the CITY'S scheduling activities at HODGES FIELD during baseball season, consultation will be made with LISD Athletic Officials to coordinate schedules. ARTICLE IV CITY'S OBLIGATION During the term of this Agreement, the CITY will maintain the grounds and facilities in a good workmanlike manner. The CITY agrees to inspect and to maintain the grounds and facilities in a good condition at all times during this Agreement. ARTICLE V LISD'S OBLIGATIONS LISD agrees to make the following improvements to HODGES FIELD: A. Relocate and refurbish existing bleachers; B. Construct new fences, backstops, and dugouts at locations to increase space between the baselines and the fence/dugout lines; C. Increase height of left and right field fences to twelve (12) feet, and increase height of center field fence to eighteen (18) feet; D. Install a dark colored screen at center field fence area; JOINT OPERATING AGREEMENT/CITY & LISD BODGES BASEBALL FIELD ---- PAGE 3 E. Install scoreboard; and F. Improve concession building. Upon termination of this Joint Use Agreement, any improvement to the grounds or existing structures will become the property of the CITY, with the exception of the scoreboard which will remain the property of LISD. ARTICLE VI TERMINATION This Agreement may be terminated by mutual agreement of both LISD and CITY at any time upon the giving of six (6) months written notice of intention to terminate. Mutual agreement is defined as both parties consenting in writing to the unconditional dissolving of this Joint Use Agreement. All notices shall be in writing and sent by registered or certified mail addressed as follows: To LISD: Superintendent LUBBOCK INDEPENDENT SCHOOL DISTRICT 1628 19th Street Lubbock, Texas 79401 To CITY: City Manager CITY OF LUBBOCK, TEXAS 1625 13th Street P. O. Box 2000 Lubbock, Texas 79457 ARTICLE VII CONCESSIONS 7.1 LISD will have complete control of any concessions placed on the premises during the school baseball season. JOINT OPERATING AGREEMENT/CITY & LISD HODGES BASEBALL FIELD ---- PAGE 4 7.2 After the LISD baseball season concludes, the CITY will control the concession or activities at HODGES FIELD. ARTICLE VIII VENUE Venue will in Lubbock, Lubbock County, Texas. EXECUTED this the 12th day of November , 1992. LUBBOCK INDEPENDENT SCHOOL DISTRICT BY: •ROY GRIMES, BOARD PRESIDENT CITY OF LUBBOCK, TEXAS r BY: .DAVID ! GST , I MAY R ATTEST: c � az-ac � Sally Still Abbe, Acting City Secretary APPROVNED AS TO CONTENT: Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney LLC:js/A-HODGES.DOC D5-Contracts/November 2, 1992 JOINT OPERATING AGREEMENT/CITY & LISD HODGES BASEBALL FIELD ---- PAGE 5