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HomeMy WebLinkAboutResolution - 2013-R0012 - License Agreement - User Groups - Various Sports Programs, Games And Practices - 01/10/2013Resolution NO. 2013-ROO12 January 10, 2013 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock is hereby authorizes and directs the Mayor of the City of Lubbock to execute an Athletic Facility License Agreement for various sports programs by and between the City of Lubbock and various baseball, softball and soccer user groups for games and practice sessions at various City locations, which License Agreement and any associated documents, are attached hereto and made a part of' this Resolution for all intents and purposes. Passed by the City Council this _ January 10 ,2013. //� -cji:-WOBtRTSON,MAYOR ATTEST: --p,0J,Z4-e� �=� — Rebec Garza, City Secretary APPROVED AS TO CONTENT: Randy Truesdell Community Services Director APPROVED AS TO FORM: Amy L. Sims, Assistant City Attorney t7s ccdocs• Res- Parks UserAgrmnt 12.19.12 Resolution No. 2013-R0012 ATHLETIC FACILITY LICENSE AGREEMENT This License Agreement (the "Agreement") is entered into on this I Oh day of January' the year, 2013, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation and as set forth in "Exhibit C" 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 set forth in "Exhibit C", 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 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 inter -league 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 or other tournaments/events approved by the City of Lubbock to be held 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 based on current registrations. Any "non-league" facility requests and required documents must be submitted to the Parks and Recreation Department for approval. 01/10/13,G:/My Documents/User Groups/HFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 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 terms and provisions of the City's policies, ordinances, special circumstances and/or restrictions 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 non-profit organization with clearly delineated lines of authority with officers who are authorized to speak for the League. League may be required to submit proof of non-profit status, official charter or sanctioning, upon request by the Parks and Recreation Department. 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 continue for a term of three (3) years and may be renewed for not more than two (2) additional three (3) year terms upon prior written agreement of the parties. Section 3.02. Either party may terminate this Agreement for any reason by notifying the other party in writing sixty (60) days prior to the date of termination. Upon termination of this O1/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc Agreement, Licensee shall have thirty (30) days to remove from Property all personal property owned by it. 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, at an acceptable level to the City. The League will pay the city a user fee as outlined in the table below, under the condition that this agreement is signed by the League President and submitted, along with Certificate of Insurance, league schedules, and all other required documentation, to the Outdoor Recreation Supervisor or their designee prior to the League's first pre -season tournament, scrimmage or game. Before First Game* After First Game* Resident (Lubbock Address) $5.00 $10.00 Non-resident (Non -Lubbock Address) $7.50 $15.00 Document Late Fee $30 per document *Game is defined as organized/unorganized tournament, scrimmage or league game. Absolutely no games will be allowed to take place at an allocated facility until the Certificate of Insurance has been submitted. If the required documents are turned in after the League's first game, then the league will pay the late fee as referenced in the table above. User fees for any participants who registered after user fees were paid must be submitted no later than one month after the League's first game. Failure to comply will result in action being taken which may include immediate forfeiture of this agreement. Section 4.02. Fees established herein shall be reviewed and adjusted pursuant to the Code of Ordinances of the City of Lubbock, Texas. 01/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 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. A deposit of $100 per key will be required before keys are issued. It is unlawful to duplicate City of Lubbock facility keys. Failure to comply will result in loss of key deposit. Additional action may include forfeiture of this agreement. The keys must be returned to the Parks and Recreation offices at the end of the season, at which time the key deposit will be returned. Section 5.04. All Leagues are required to have written lightning rules and procedures and an operable lightning detector on the premises at all times. Detectors must have the ability to track approaching storms up to 30 miles away. All on-site league officials must have adequate knowledge of these procedures, as well as the operation of the lightning detector. Section 5.05. 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. 01/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc Section 5.06. 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 5.07. Any notice required or permitted to be given herein must be given in writing and must be personally delivered, emailed, faxed 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: Park and Recreation Director Parks and Recreation P.O. Box 2000 Lubbock, TX 79457 (806) 775-2673 Fax: (806) 775-2686 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, emailed, faxed, 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 5.08. 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. Any league, single game, or tournament (excluding inter -league play) to be held on the premises with participants outside the league require Parks and Recreation approval and are subject to the Tournament/League Field Rental Policy. Licensee may not charge any fees to the renting party except for use of Licensee maintenance equipment. Any proposed fees must be pre -approved by the Parks and Recreation Department. League is required to have the facility clean and presentable prior to any rental. Failure to do so will result in the assessment of the appropriate fees. At the conclusion of an approved Tournament Rental the Licensee is required to report any damages O1/10/13,0:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc associated with the event no later than noon on the second business day following the event in order to be considered for repair. 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. 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 City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms 01/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. Section 5.16. The Licensee shall provide the following information to the Outdoor Recreation Supervisor or their designee, for his/her review per the following: Due at the Parks and Recreation President's Meeting: • League Profile Sheet • List of Board members and officers, showing position, address and telephone numbers. • Turf Mowing and Chemical Request Application Schedule/Request Prior to first game: • Participant rosters must be submitted to the Outdoor Recreation Supervisor, or their designee. Roster must include team name, coaches and assistant coaches names, and participant name with permanent legal addresses to verify resident/non-resident status. • User fee payment • A list showing the total number of individuals and teams registered with the Licensee. (Facility Determination Form) • A copy of the Certificate of Insurance for the Licensee (Sec. 8.04) • A complete schedule of all games to be played during the season, including all tournaments, special games, sectionals, regionals, etc. End of Season: (maximum of one month after the conclusion of the season) • Submit all keys • Submit year-end report. Report must include a breakdown of total revenues, total expenditures and number of participants. • Leagues must schedule an End of Season walk-through Submission of other reports may be required by the Parks and Recreation Department regarding the operation of the League during the term of this agreement. Failure to submit required paperwork will result in the assessment of appropriate late fees. O1/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 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 Manager or their designee. Licensee must submit sealed drawings to the Parks and Recreation Department for approval. 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 Outdoor Recreation Supervisor or their 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 at least 60 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, during the term of this 01/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 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. 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 KIND 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 O1/10/13,G:/My Documents/User Groups/HFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 9 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, 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. 01/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 10 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 Cityshall be named as an additional insured on a primary & non-contributory basis. Endorsements for additional insured & waiver of subrogation must be submitted with the Certificate of Insurance. Section 8.04. A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior to the League's first game. In addition to, 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 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 finds the damage, the Licensee will be notified. The Licensee must provide a representative to assess the damage and missing property for insurance and police report purposes. O1/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc ] j 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 end of season walk-through. It is the responsibility of the Licensee to schedule the walk-through with the Outdoor Recreation Supervisor or their designee. Maintenance requests, including major repairs or construction and/or painting, must be submitted within thirty (30) days after the end of the season. All maintenance requests must be submitted in writing throughout the season by designated representatives only. 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. Section 9.03. At the expiration of this agreement or earlier termination thereof, Licensee agrees to surrender the premises in good condition, with 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 proper written documentation (per the Turf Mowing and Chemical Application Schedule/Request) submitted to the Outdoor Recreation Supervisor, or their designee. If approved, chemicals must be applied by a licensed applicator who is registered with the Texas Department of Agriculture. A copy of the valid license must be submitted to the Parks and Recreation Department thirty (30) days prior to application. 01/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 12 Section 9.05. The City will remove litter from the individual refuse containers two (2) times per 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 refuse containers and/or dumpsters. Section 9.06. In the event a City Representative identifies an item that the licensee must repair or is failing to maintain, written notification will be given to the Licensee by the Parks and Recreation Director or their designee, in which case, the Licensee will have one week, with the exception of pertinent items that must be corrected immediately, to make the noted modifications. In the event that such modifications will take longer than the allotted week, written approval may be given to the Licensee. If Parks and Recreation Staff must correct the deficiencies, appropriate personnel and material costs will be assessed to the League. 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 or their designee. Failure to pay any amount upon demand by the City of Lubbock shall constitute a material breech of this License Agreement. 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. Section 10.02. All concession facilities and their operations must have the proper health permit, food handler's certification and meet applicable federal, state and local laws, ordinances, statutes and rules. Failure to comply with applicable federal, state and local laws, ordinances, O1/10/13,G:/My Documents/User Groups/HFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 13 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. Vendors must submit a Vendor Request Form and pay the appropriate fees. ARTICLE XI Utilities Section 11.01. The City shall provide water for services such as irrigation, restrooms, concessions and drinking fountains. If the Licensee wishes to purchase a controller for irrigation they must contact the Parks and Recreation Department for approval. It is the League's responsibility to contact the Outdoor Recreation Supervisor or their designee to obtain controller specifications prior to purchase. This will not give the league access to the irrigation clock and league will be required to follow any watering restrictions that may be in effect. Section 11.02. The Licensee must contact Lubbock Power and Light for electrical service at all facilities with the exception of the Lubbock Youth Sports Complex. At the Lubbock Youth Sports Complex, the licensee must contact South Plains Electric Cooperative for electrical service. The electric meter shall be registered to the Licensee. In the event the Licensee fails to contact the appropriate organization to set up electrical service, the Parks and Recreation Department will impose appropriate fees and/or sanctions including and up to the termination of this agreement. It shall be the sole responsibility of the Licensee to make all payments and remain in good standing with the electrical service provider. O1/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 14 Section 11.03. Electricity will remain the sole responsibility of the Licensee until all keys are returned to the Outdoor Recreation Supervisor or their designee, at which point the electric meter will be transferred to the City of Lubbock. Section 11.04. The City will control 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 Outdoor Recreation Supervisor or their designee. Additionally, Licensee must submit a Turf Mowing and Chemical Application Schedule/Request in the event the Licensee wishes to maintain any part of the facility. ARTICLE XII Enforcement Section 12.01. City may enforce this Agreement by terminating the lighting of 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 12.02. 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. O1/10/13,G:/My Documents/User Groups/AFLA Agreements/2013 Athletic Facility License Agreement - AFLA.doc 15 ARTICLE XIII Signatures Section 13.01. This contract may be executed in counterpart. The signature of any party hereto on any true and correct copy of this License Agreement shall be construed as a signature of that party on all true and correct copies thereof. EXECUTED this /O T#- day of of the year 2t 3 , by the duly authorized representatives of City and Licensee. CITY OF LUBBOCK: Glen C. so , ayor ATTEST: Reb cca Garza, City Secretary APPROVED T NTE Randy Truesdell, Community Services Director FEW J, -11118AVOMMIKS] 01110113,G:/My Documents!User Groups;AFLA Agreements.+'2013 Athletic Facility License Agreement - AFLA.doc 16 r - g,, V a� oc Q oa W V"o W Q V Q V W '~ � ,K � •� ,K Cl � Cl Gi zz Vi y eaZzzzzy,>4 � Vi y y y y ,K at ea Gi Ua � •x Ey3�x >+?+ dd>+ddddd•x •x � � z ww ww VV b - ��Aa A add �d A �b z d d A V°V oV �.. y 4 zz - •CE W rn W on M a� G� bD CC en C •m ... O a on v , G� rA a�+� M a i, C% � � U cc y '3 .p vl*apa I PC L O y O" C. C o° CO y y _y C rA , L C O •q .fl a y- y On y .O L V Ctu O p p •rA w C y G� i �, ; v O d y PC wi cc cc ao .O �, a� w a •C�-3 ,� ,a > •� •� .i G� CC L O G� C w C L O CC •i C O LO. 6� D O �w�wa���Uwaaa�Hxwch r - ATHLETIC FACILITY LICENSE AGREEMENT "EXHIBIT B" Athletic Field Signage Advertising Policy All requests for permission to place advertising signs on athletic fields located on City parks shall be made to the Outdoor Recreation Supervisor or their designee. II. Parks that are eligible for such requests include the following: Berl Huffinan Athletic Complex Lewis Mackenzie Helen Hodges Mae Simmons McAlister Maxey Lou Stubbs Mose Hood Lubbock Youth Sports Complex Dunbar Historical Lake Buddy Holly Recreation Area III. Location: 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 and must be a minimum of 6" off the ground. V. Duration: Signs are to be installed no earlier than one week prior to the competitive season. Signs are to be removed no later than ten (10) days after the completion of the season. In the event Parks and Recreation staff must remove signage, appropriate personnel fees will be assessed to the league. 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. Signage found on the premises, not properly affixed to the fence, will be disposed of. 18 ATHLETIC FACILITY LICENSE AGREEMENT "EXHIBIT C" Private User Group Si -nature Pare 1. Dixie Little League Lewis Park 54'6 & Ave. L 2. Western Little League LaLa and Coronado Cavazo's Complex McAlister Park 5801 Milwaukee Ave. 3. Southwest Little League Maxey Park 28'h & Nashville 4. MLK Little League Dunbar Historical Lake E. 19'h & Aspen Drive Loving Field E. 23'd & Oak Drive 5. Northwest Little League Buddy Holly Recreation Area 911 N. University 6. Lubbock Cooper Little League Lubbock Youth Sports Complex Field #13-15 — Blue Quad FM 1585 & Milwaukee Ave. President's Printed Name C4President's Signature President's PrinW Name President's Signature President's Printed Name President's Signature Com. l2l -O-Ukgy President's Printed Na re President's Signature President's Printed Name resident's Sig ature 3,-Ctlfpe. cow President's Printed Name 7. Lubbock Junior/Intermediate Baseball Dixie Junior Field Presid 's Signature 54'h & Ave. L Lubbock Youth Sports Complex (shared use) Field #16 —Blue Quad President's Printed Name FM 1585 & Milwaukee Ave. 8. Challenger Little League LaLa and Coronado Cavazos Complex P sident's Signature McAlister Park 5801 Milwaukee Ave. 2p4 t / "d ,Q . '0XOI A/ President's Printed Name 9. Hub City Baseball Maxey Junior Field (SW Corner) resid :tigna re 29'h & Quaker Lubbock Youth Sports Complex (shared use) l `4( a'(' CZ Field #16 — Blue Quad President's Printed Name FM 1585 & Milwaukee Ave. 10. Lubbock Youth Softball Lubbock Youth Sports Complex Pre�ai leni's Signature Field #9-12 — Green Quad Lou Stubbs Park �O�bA 35'h & Ave. L Pres ent's Printed Name I.I. South Plains Girls Fast Pitch Lubbock Youth Sports Complex President's Signature Field #1-8 — Red & Silver Quad FM 1585 & Milwaukee Ave. President's Printed Name 12. Lubbock Soccer Association Berl Huffman Athletic Complex President's Signa 2506 Landmark Lane Go c. President's Prifiiei7 Name 20 13. West Texas Men's Soccer Association Berl Huffman Athletic Complex 2506 Landmark Lane 14. Texas Tech Club Baseball Connie Mack Field (shared use) Mackenzie Park I-27 & Municipal Drive 15. Lubbock Senior Softball Dirk West Complex Field #6-7 — Mackenzie Park I-27 & Municipal Drive 16. Lubbock Cricket Club Mackenzie Park 1-27 & Municipal Drive Pres' ent's Signatur President's Printed N me residens ignature C' 1-ta h President's Printed Name Y k Presilves Signature President's Printed Name President's Signature st',6,668 T-- - ""- President's Printed Name 21