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2020-11-09 Parks Board Packet
CITY OF SOUTHLAKE MEMORANDUM November 3, 2020 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Agenda Item Comments for the Parks and Recreation Board Meeting — Monday, November 9, 2020 NOTE: This meetinq will be held at The Marg Southlake in the Legends Hall Legacy Meeting Rooms, 285 Shady Oaks. Dinner will be served at 5:30 p.m. Please advise staff if you are not able to attend this meeting (ctribble ci. southlake. tx. us or 817.748.8021). Thank you. REGULAR AGENDA 1. Agenda Item 1. Call To Order 2. Agenda Item 2. Consent A. Approve minutes from the Parks and Recreation Board meeting held October 12, 2020. Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item 3. Public Forum This is the public's opportunity to address the Board about non -agenda items. During Public Forum, the Board will not discuss or take action on any item brought up at this time. 4. Agenda Item 4. Consider A. Recommendation on a Facilities Utilization Agreement with Dragon Youth Football B. Recommendation on a Facilities Utilization Agreement with the Grapevine Southlake Soccer Association C. Recommendation on a Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 9, 2020 Page 2 of 2 D. Recommendation on a Facilities Utilization Agreement with Lad Dragon Lacrosse The purpose of these consider items is to allow the Board to review and make a recommendation on a Facilities Utilization Agreement (FUA) with Dragon Youth Football, Grapevine Southlake Soccer Association, Southlake Carroll Lacrosse Association (Boys lacrosse), and Lady Dragon Lacrosse (Girls lacrosse). The proposed FUAs are all two (2) year terms, effective January 1, 2020 - December 31, 2021, and contain the same provisions previously recommended by the Park Board and approved by the City Council. Each agreement includes the City Council approved "Policy for the Provision of Athletic Facilities" as an Exhibit A attachment to the FUA. A copy of each proposed FUA is included in your packet for consideration. The City Council will consider the proposed FUAs at their December 1, 2020 meeting. 5. Agenda Item 5. Discussion A. Parks & Recreation Update - This is a standing item on the agenda to allow staff to update the Board on Parks & Recreation related topics and upcoming activities and events. WORK SESSION AGENDA 6. Southlake 2035 Parks, Recreation & Open Space Master Plan 7. Adjournment As always, we appreciate your commitment and service to the City. Chris Tribble STAFF CONTACT INFORMATION: Telephone — (817) 748-8019 285 Shady Oaks Dr., Southlake, TX 76092 Chris Tribble, Director of Community Services, 817-748-8021, (ctribble(d,)ci.southlake.tx.us) Marcy Haddadi, Administrative Secretary, 817-748-8184, (mhaddadi(a).ci.southlake.tx.us) City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTI-HLAKE PARK AND RECREATION BOARD MEETING Monday, November 9, 2020 6:00 P.M. LOCATION: The Marq Southlake Legends Hall Legacy Meeting Rooms 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. REGULAR AGENDA: 1. Call to Order 2. Consent A. Approve minutes from the Parks and Recreation Board meeting held October 12, 2020 3. Public Forum 4. Consider A. Recommendation on a Facilities Utilization Agreement with Dragon Youth Football B. Recommendation on a Facilities Utilization Agreement with the Grapevine Southlake Soccer Association C. Recommendation on a Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association D. Recommendation on a Facilities Utilization Agreement with Lady Dragon Lacrosse 5. Discussion A. Parks and Recreation Update WORK SESSION: Will begin immediately following the Regular Agenda (approximately 6:30pm) 6. Southlake 2035 Parks, Recreation & Open Space Master Plan 7. Adjournment City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 9, 2020 Page 2 of 2 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, November 6, 2020 by 6:00 p.m. pursuant to C pter 551 of the Texa,-\!I��t�nm#nt Code. Am S elley, TR �rn - City Secretary jc� • cn If to Ian you attend'4 Y p ppufaGc•�ntieeti�+g and have a disability that requires special needs, please advise the Clfis WllSOb* taW\X8 hours in advance at 817.748.8016 reasonable accommodations will be mad%d 61%sist you. City ofSouthlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS AND RECREATION BOARD MEETING MINUTES: OCTOBER 12, 2020 LOCATION: The Marq Southlake Legends Hall Legacy Meeting Rooms, 285 Shady Oaks Blvd, Southlake, Texas 76092 TIME: 6:00 p.m. PARKS AND RECREATION BOARD MEMBERS PRESENT: Chairman Frances Scharli, Vice Chair Paul Venesky; Board Members Kevin Craddock, Jeffrey Ng, Magdalena Battles, Stacy Driscoll, and Chad Bedwell PARKS AND RECREATION BOARD MEMBERS ABSENT: All Board Members present STAFF PRESENT: Senior Director of Planning and Development Services Ken Baker, and Policy & Strategic Initiative Principal Planner Jerod Potts REGULAR AGENDA 1. CALL TO ORDER Chairman Frances Scharli called the regular Parks and Recreation Board meeting to order at 6:01 p.m. 2. CONSENT AGENDA 2A. APPROVE MINUTES FROM THE PARKS AND RECREATION BOARD MEETING HELD SEPTEMBER 14, 2020 The minutes of the September 14, 2020 Park Board meeting were approved with no changes or corrections. APPROVED A motion was made to approve the minutes of the regular Park Board meeting held September 14, 2020. Motion: Bedwell Second: Ng Ayes: Battles, Bedwell, Craddock, Driscoll, Ng, Scharli, and Venesky Nays: None Abstain: None Vote: 7-0 Motion carried. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-1 Minutes of the October 12, 2020 Parks Board Meeting Page 2 of 5 2B. ABSENCE OF PARKS AND RECREATION BOARD MEMBERS All Parks and Recreation Board Members were present for the September 14, 2020 meeting. APPROVED A motion was made to approve the attendance of all Parks and Recreation Board members for the September 14, 2020 meeting. Motion: Bedwell Second: Ng Ayes: Battles, Bedwell, Craddock, Driscoll, Ng, Scharli, and Venesky Nays: None Abstain: None Vote: 7-0 Motion carried. 3. PUBLIC FORUM Chairman Frances Scharli opened public forum at 6:06 p.m. There being no one to speak, Chairman Scharli closed public forum at 6:06 p.m. 4. CONSIDER 4A. RECOMMENDATION ON 2021 STANDARDS OF CARE ORDINANCE NO. 1233 Senior Director of Planning and Development Services Ken Baker presented the 2021 Standards of Care Ordinance No. 1233. The board members did not present questions. The Board discussed the request and was in favor of the 2021 Standards of Care Ordinance No. 1233 as presented. APPROVED A motion was made to recommend approval of the 2021 Standards of Care Ordinance No. 1233 as presented. Motion: Venesky City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-2 Minutes of the October 12, 2020 Parks Board Meeting Page 3 of 5 Second: Craddock Ayes: Battles, Bedwell, Craddock, Driscoll, Ng, Scharli, and Venesky Nays: None Abstain: None Vote: 7-0 Motion carried. 4113. RECOMMENDATION ON PROPOSED IMPROVEMENTS TO RUSTIN AND FAMILY PARK AND FRANK EDGAR CORNISH, IV PARK Senior Director of Planning and Development Services Ken Baker presented the proposed improvements to Rustin and Family Park and Frank Edgar Cornish, IV Park and was available to answer questions. The Board discussed the recommendation on proposed improvements and was in favor of improvements to Rustin and Family Park and Frank Edgar Cornish, IV Park. The Park Board recommended approval of investing in suitable seating options for Rustin and Family Park and Frank Edgar Cornish, IV Park, and provided the following comments regarding the style, size, and placement of the tables within the park environment: The addition of four (4) smaller (4 seats) square tables within Family Park. The addition of two (2) larger (4-6 seats) rectangular tables in Rustin Pavilion. The addition of two (2) smaller (4 seats) square tables within Frank Edgar Cornish, IV Park. The Parks and Recreation Board recommended that all tables be mobile, rather than affixed to the ground. /_1»:ZGIV/ 41, A motion was made to recommend approval of the proposed improvements to Rustin and Family Park and Frank Edgar Cornish, IV Park. Motion: Venesky Second: Craddock Ayes: Battles, Bedwell, Craddock, Driscoll, Ng, Scharli, and Venesky Nays: None Abstain: None Vote: 7-0 Motion carried. 5. DISCUSSION City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-3 Minutes of the October 12, 2020 Parks Board Meeting Page 4 of 5 5A. PARKS & RECREATION UPDATE Senior Director of Planning and Development Services Ken Baker presented the Parks and Recreation update and was available to answer questions. 5113. TREE SCAVENGER HUNT UPDATE Policy & Strategic Initiative Principal Planner Jerod Potts presented the update for the "Treemendous Scavenger Hunt" contest being held by the City to engage Southlake residents and was available to answer questions. WORK SESSION AGENDA 6. SOUTHLAKE PARKS, RECREATION & OPEN SPACE MASTER PLAN Policy & Strategic Initiative Principal Planner Jerod Potts presented the 2035 Parks Master Plan for the work session agenda and was available to answer questions. 1310111N011Ji1401111 APPROVED A motion was made to adjourn the meeting at 8:16p.m. Motion: Driscoll Second: Bedwell Ayes: Battles, Bedwell, Craddock, Driscoll, Ng, Scharli, and Venesky Nays: None Abstain: None Vote: 7-0 Motion carried. Frances Scharli, Chairman Parks & Recreation Board Ken Baker, Senior Director Planning and Development Services An audio recording of this meeting may be available upon request from the Office of City Secretary. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-4 CITY OF SOUTHLAKE MEMORANDUM November 03, 2020 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with Dragon Youth Football Action Requested: Park Board recommendation on the Facilities Utilization Agreement with Dragon Youth Football for 2021 through 2022. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with Dragon Youth Football (DYF) is an agreement to provide athletic fields for the football program January 1, 2021 — December 31, 2022. A copy of the proposed FUA with DYF is attached for your consideration. City Council will consider the proposed FUA at their meeting on December 1, 2020 Financial Considerations: The Association will pay field maintenance fees of $12.00 per resident per season and $17.00 per non-resident per season, to assist the City with offsetting a portion of the maintenance and operations costs. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management & Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Park and Recreation Board Meeting Date — November 09, 2020 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration November 09, 2020 City Council consideration December 01, 2020 Legal Review: The agreement has been reviewed by the City Attorney. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: Proposed Facilities Utilization Agreement with DYF Staff Recommendation: Park Board recommendation to approve the Facilities Utilization Agreement with Dragon Youth Football for 2021- 2022. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and Dragon Youth Football, herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a youth football program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a recreational youth football program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 2021-2022. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2021 through December 31, 2022. 3. Football shall consist of the following seasons: • Fall (typically August - November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 5. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 6. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season, and a non-resident field maintenance fee of $17.00 per non-resident player per season within two (2) weeks after the last regular season game to help off -set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing CITY fields regardless of the level or division of play. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor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t is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits referenced herein or attached hereto are incorporated into this Agreement as if set out in their entirety said exhibits being: Exhibit "A" — Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to 4A-7 the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 9 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. The failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, and such action or failure to act shall not be considered a material breach of this Agreement, but may be taken into consideration by the CITY as provided in Section 8, Paragraph 2. SECTION 10 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrator and assigns to the other party of this Agreement and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CITY nor ASSOCIATION shall assign or transfer its interest herein without the prior written consent of the other. SECTION 11 APPLICABLE LAW This Agreement is entered into subject to the Charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. ASSOCIATION will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. SECTION 12 SEVERABILITY If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 13 REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. SECTION 14 ENTIRE AGREEMENT This Agreement and the Exhibits embody the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. SECTION 15 NON -WAIVER It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. SECTION 16 HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. SECTION 17 VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in the City of Southlake, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION 18 NO THIRD PARTY BENEFICIARY For purposes of this Agreement, including its intended operation and effect, the parties (CITY and ASSOCIATION) specifically agree that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or ASSOCIATION or both; and (2) the terms of this Agreement are not intended to release, K. J either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or ASSOCIATION. SECTION 19 GOVERNMENTAL IMMUNITY ASSOCIATION understands and agrees that CITY is a Texas home -rule municipality and that by entering into this Agreement, the CITY is performing a governmental function. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or soverign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the day of City Secretary Approved as to form City Attorney by: CITY OF SOUTHLAKE Mayor City of Southlake President Dragon Youth Football 4A-1 O City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We do this by being an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We do this by adhering to the City's Strategy Map which focuses on Safety & Security, Infrastructure, Mobility, Quality Development, Partnerships & Volunteerism, and Performance Management & Service Delivery. The Southlake City Council has adopted this Policy for the Provision of Athletic Facilities to ensure the most appropriate and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources 4A-11 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 4A-12 2 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 4A-13 3 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.southlake. tx.us 4A-14 4 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 4A-15 5 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM 4A-15 6 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 4A-17 7 X. Buildina Access & Vehicle Permits The City will work with the association to determine the appropriate number of key fobs and vehicle permits to be issued. The City will issue key fobs to authorized approved athletic association program representatives for access to concession stands and storage rooms. The association may request permission in writing to utilize a golf cart or workman type utility vehicle on City property. If approved, a permit will be issued by the City to the association on a per vehicle basis. Misuse of the vehicle, as determined by the City, may result in the cancellation of the permit and ability of the association to use these vehicles. The association may request permission in writing to allow specific association representatives to drive their automobiles into the complex on the pedestrian pathways. The permit will only be issued by the City to association representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The association must contact the Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Lighting Prediction System The City has implemented the THOR GUARD Lightning Prediction System in its community parks. Lightning is a severe hazard that must be viewed seriously. Everyone should seek shelter any time they believe lightning threatens them, even if a signal has NOT been sounded. You will be warned by our THOR GUARD lightning prediction system, which sounds ONE 15 second blast of the horn signaling suspension of ALL activities, the strobe light will begin flashing and remain flashing until safe conditions return. You should seek immediate shelter. Activities may resume after THREE 5 second blasts of the horn are sounded and the strobe light stops flashing. XII. Park Regulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle 4A-18 8 designed and equipped for use off any paved roadway with such definition to specifically include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of 4A-1 9 9 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 4A-20 10 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 4A-21 11 CITY OF SOUTHLAKE MEMORANDUM November 3, 2020 TO: Park and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with Grapevine Southlake Soccer Association Action Requested: Park Board recommendation on the Facilities Utilization Agreement with Grapevine Southlake Soccer Association for 2021 through 2022. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with Grapevine Southlake Soccer Association (GSSA) is an agreement to provide athletic fields for the soccer program January 1, 2021 — December 31, 2022. A copy of the proposed FUA with GSSA is attached for your consideration. City Council will consider the proposed FUA at their meeting on December 01, 2020. Financial Considerations: The Association will pay field maintenance fees of $12.00 per resident per season, to assist the City with offsetting a portion of the maintenance and operations costs. Specific to the GSSA agreement is a provision to waive required field maintenance fees for non-residents. Unlike other associations, GSSA works with both the City of Southlake and the City of Grapevine to provide soccer to the youth. As part of this co-operative the City of Southlake will only charge for Southlake Residents. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 09, 2020 Page 2 of 2 Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management & Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. Citizen Input/ Board Review: Parks & Recreation Board consideration November 09, 2020 City Council consideration December 01, 2020 Legal Review: The agreement has been reviewed by the City Attorney. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: Proposed Facilities Utilization Agreement with GSSA Staff Recommendation: Park Board recommendation to approve the Facilities Utilization Agreement with Grapevine Southlake Soccer Association for 2021-2022. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Grapevine Southlake Soccer Association, herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a youth soccer program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a recreational youth soccer program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 2021-2022. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2020 through December 31, 2022. 3. Soccer shall consist of the following seasons: a. Spring (typically February — May) b. Fall (typically August — November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 5. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 6. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season within two (2) weeks after the last regular season game to help off -set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all Southlake resident players. Non-resident fees are waived and collected as part of their agreement with the City of Grapevine. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits referenced herein or attached hereto are incorporated into this Agreement as if set out in their entirety said exhibits being: Exhibit "A" — Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 9 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. The failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, and such action or failure to act shall not be considered a material breach of this Agreement, but may be taken into consideration by the CITY as provided in Section 8, Paragraph 2. SECTION 10 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrator and assigns to the other party of this Agreement and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CITY nor ASSOCIATION shall assign or transfer its interest herein without the prior written consent of the other. SECTION 11 APPLICABLE LAW This Agreement is entered into subject to the Charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. ASSOCIATION will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. SECTION 12 SEVERABILITY If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 13 REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. SECTION 14 ENTIRE AGREEMENT This Agreement and the Exhibits embody the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. SECTION 15 NON -WAIVER It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. SECTION 16 HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. SECTION 17 VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in the City of Southlake, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION 18 NO THIRD PARTY BENEFICIARY For purposes of this Agreement, including its intended operation and effect, the parties (CITY and ASSOCIATION) specifically agree that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or ASSOCIATION or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or ASSOCIATION. SECTION 19 GOVERNMENTAL IMMUNITY ASSOCIATION understands and agrees that CITY is a Texas home -rule municipality and that by entering into this Agreement, the CITY is performing a governmental function. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or soverign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the day of CITY OF SOUTHLAKE by: Carol Ann Borges, TRMC Mayor City Secretary City of Southlake Approved as to form President City Attorney Grapevine Southlake Soccer Association �' City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We do this by being an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We do this by adhering to the City's Strategy Map which focuses on Safety & Security, Infrastructure, Mobility, Quality Development, Partnerships & Volunteerism, and Performance Management & Service Delivery. The Southlake City Council has adopted this Policy for the Provision of Athletic Facilities to ensure the most appropriate and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources 4B-11 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 4B-12 2 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 4B-13 3 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.southlake. tx.us 4B-14 4 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 4B-15 5 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM 4B-16 6 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 4B-17 7 X. Buildina Access & Vehicle Permits The City will work with the association to determine the appropriate number of key fobs and vehicle permits to be issued. The City will issue key fobs to authorized approved athletic association program representatives for access to concession stands and storage rooms. The association may request permission in writing to utilize a golf cart or workman type utility vehicle on City property. If approved, a permit will be issued by the City to the association on a per vehicle basis. Misuse of the vehicle, as determined by the City, may result in the cancellation of the permit and ability of the association to use these vehicles. The association may request permission in writing to allow specific association representatives to drive their automobiles into the complex on the pedestrian pathways. The permit will only be issued by the City to association representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The association must contact the Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Lighting Prediction System The City has implemented the THOR GUARD Lightning Prediction System in its community parks. Lightning is a severe hazard that must be viewed seriously. Everyone should seek shelter any time they believe lightning threatens them, even if a signal has NOT been sounded. You will be warned by our THOR GUARD lightning prediction system, which sounds ONE 15 second blast of the horn signaling suspension of ALL activities, the strobe light will begin flashing and remain flashing until safe conditions return. You should seek immediate shelter. Activities may resume after THREE 5 second blasts of the horn are sounded and the strobe light stops flashing. XII. Park Regulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle 4B-18 8 designed and equipped for use off any paved roadway with such definition to specifically include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of 4B-19 9 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 4B-20 10 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 4B-21 11 CITY OF SOUTHLAKE MEMORANDUM November 3, 2020 TO: Park and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with Southlake Carroll Lacrosse Association Action Requested: Park Board recommendation on the Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association for 2021 through 2022. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with the Southlake Carroll Lacrosse Association (SCLA) is an agreement to provide athletic fields for the boys lacrosse program January 1, 2021 — December 31, 2022. A copy of the proposed FUA with SCLA is attached for your consideration. City Council will consider the proposed FUA at their meeting on December 01, 2020. Financial Considerations: The Association will pay field maintenance fees of $12.00 per resident per season and $17.00 per non-resident per season, to assist the City with offsetting a portion of the maintenance and operations costs. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management & Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 09, 2020 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration November 09, 2020 City Council consideration December 01, 2020 Legal Review: The agreement has been reviewed by the City Attorney. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: Proposed Facilities Utilization Agreement with SCLA Staff Recommendation: Park Board recommendation to approve the Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association for 2021-2022. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Southlake Carroll Lacrosse Association; herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a boys youth and high school lacrosse program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a boys recreational youth lacrosse program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 2021-2022. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2021 through December 31, 2022. 3. Lacrosse shall consist of the following seasons: • Spring (typically February — May) • Summer (typically June — July) • Fall (typically August - November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 5. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 6. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season, and a non-resident field maintenance fee of $17.00 per non-resident player per season within two (2) weeks after the last regular 4C-4 season game to help off -set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing CITY fields regardless of the level or division of play. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE Comprehensive General Public Liability MINIMUM LIMIT $1,000,000 - Combined Single Limit Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall- AC-5 A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits referenced herein or attached hereto are incorporated into this Agreement as if set out in their entirety said exhibits being: 1. Exhibit "A" — Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 9 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. The failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, and such action or failure to act shall not be considered a material breach of this Agreement, but may be taken into consideration by the CITY as provided in Section 8, Paragraph 2. SECTION 10 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrator and assigns to the other party of this Agreement and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CITY nor ASSOCIATION shall assign or transfer its interest herein without the prior written consent of the other. SECTION 11 APPLICABLE LAW This Agreement is entered into subject to the Charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. ASSOCIATION will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. SECTION 12 SEVERABILITY If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 13 REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. SECTION 14 ENTIRE AGREEMENT This Agreement and the Exhibits embody the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. SECTION 15 NON -WAIVER It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. SECTION 16 HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. SECTION 17 VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in the City of Southlake, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION 18 NO THIRD PARTY BENEFICIARY For purposes of this Agreement, including its intended operation and effect, the parties (CITY and ASSOCIATION) specifically agree that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or ASSOCIATION or both; and (2) the terms of this Agreement are not intended to release, 4C-9 either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or ASSOCIATION. SECTION 19 GOVERNMENTAL IMMUNITY ASSOCIATION understands and agrees that CITY is a Texas home -rule municipality and that by entering into this Agreement, the CITY is performing a governmental function. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or soverign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the day of CITY OF SOUTHLAKE by: City Secretary Mayor City of Southlake Approved as to form President City Attorney Southlake Carroll Lacrosse Association 4C-10 City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We do this by being an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We do this by adhering to the City's Strategy Map which focuses on Safety & Security, Infrastructure, Mobility, Quality Development, Partnerships & Volunteerism, and Performance Management & Service Delivery. The Southlake City Council has adopted this Policy for the Provision of Athletic Facilities to ensure the most appropriate and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources 4C-11 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 4C-12 2 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 4C-13 3 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.southlake. tx.us 4C-14 4 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 4C-15 5 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM 4C-16 6 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 4C-17 7 X. Buildina Access & Vehicle Permits The City will work with the association to determine the appropriate number of key fobs and vehicle permits to be issued. The City will issue key fobs to authorized approved athletic association program representatives for access to concession stands and storage rooms. The association may request permission in writing to utilize a golf cart or workman type utility vehicle on City property. If approved, a permit will be issued by the City to the association on a per vehicle basis. Misuse of the vehicle, as determined by the City, may result in the cancellation of the permit and ability of the association to use these vehicles. The association may request permission in writing to allow specific association representatives to drive their automobiles into the complex on the pedestrian pathways. The permit will only be issued by the City to association representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The association must contact the Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Lighting Prediction System The City has implemented the THOR GUARD Lightning Prediction System in its community parks. Lightning is a severe hazard that must be viewed seriously. Everyone should seek shelter any time they believe lightning threatens them, even if a signal has NOT been sounded. You will be warned by our THOR GUARD lightning prediction system, which sounds ONE 15 second blast of the horn signaling suspension of ALL activities, the strobe light will begin flashing and remain flashing until safe conditions return. You should seek immediate shelter. Activities may resume after THREE 5 second blasts of the horn are sounded and the strobe light stops flashing. XII. Park Regulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle 4C-18 8 designed and equipped for use off any paved roadway with such definition to specifically include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of 4C-19 9 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 4C-20 10 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 4C-21 11 CITY OF SOUTHLAKE MEMORANDUM November 3, 2020 TO: Park and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with Lady Dragon Lacrosse Action Requested: Park Board recommendation on the Facilities Utilization Agreement with Lady Dragon Lacrosse for 2021 through 2022. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with Lady Dragon Lacrosse (LDL) is an agreement to provide athletic fields for the girls lacrosse program January 1, 2021 — December 31, 2022. A copy of the proposed FUA with LDL is attached for your consideration. City Council will consider the proposed FUA at their meeting on December 01, 2020. Financial Considerations: The Association will pay field maintenance fees of $12.00 per resident per season and $17.00 per non-resident per season, to assist the City with offsetting a portion of the maintenance and operations costs. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management & Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 09, 2020 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration November 09, 2020 City Council consideration December 01, 2020 Legal Review: The agreement has been reviewed by the City Attorney. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: Proposed Facilities Utilization Agreement with LDL Staff Recommendation: Park Board recommendation to approve the Facilities Utilization Agreement with Lady Dragon Lacrosse for 2021- 2022. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and Lady Dragons Lacrosse, herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a girls youth and high school lacrosse program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a girls recreational youth lacrosse program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 2021-2022. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2021 through December 31, 2022. 3. Girls lacrosse shall consist of the following seasons: 4D-3 • Spring (typically February — May) • Summer (typically June — July) • Fall (typically August - November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 5. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 6. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season, and a non-resident field maintenance fee of $17.00 per non-resident player per season within two (2) weeks after the last regular season game to help off -set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing CITY fields regardless of the level or division of play. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE Comprehensive General Public Liability MINIMUM LIMIT $1,000,000 - Combined Single Limit Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: 4D-5 A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits referenced herein or attached hereto are incorporated into this Agreement as if set out in their entirety said exhibits being: 1. Exhibit "A" — Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 9 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. The failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, and such action or failure to act shall not be considered a material breach of this Agreement, but may be taken into consideration by the CITY as provided in Section 8, Paragraph 2. SECTION 10 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrator and assigns to the other party of this Agreement and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CITY nor ASSOCIATION shall assign or transfer its interest herein without the prior written consent of the other. SECTION 11 APPLICABLE LAW This Agreement is entered into subject to the Charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. ASSOCIATION will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. SECTION 12 SEVERABILITY If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. u■ SECTION 13 REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. SECTION 14 ENTIRE AGREEMENT This Agreement and the Exhibits embody the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. SECTION 15 NON -WAIVER It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. SECTION 16 HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. SECTION 17 VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in the City of Southlake, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION 18 NO THIRD PARTY BENEFICIARY For purposes of this Agreement, including its intended operation and effect, the parties (CITY and ASSOCIATION) specifically agree that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or ASSOCIATION or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or ASSOCIATION. SECTION 19 GOVERNMENTAL IMMUNITY ASSOCIATION understands and agrees that CITY is a Texas home -rule municipality and that by entering into this Agreement, the CITY is performing a governmental function. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or soverign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the day of , by: City Secretary Approved as to form City Attorney CITY OF SOUTHLAKE Mayor City of Southlake President Lady Dragons Lacrosse City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We do this by being an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We do this by adhering to the City's Strategy Map which focuses on Safety & Security, Infrastructure, Mobility, Quality Development, Partnerships & Volunteerism, and Performance Management & Service Delivery. The Southlake City Council has adopted this Policy for the Provision of Athletic Facilities to ensure the most appropriate and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources 4D-11 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 4D-12 2 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 4D-13 3 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.southlake. tx.us 4D-14 4 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 4D-15 5 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM 4D-15 6 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 4D-17 7 X. Buildina Access & Vehicle Permits The City will work with the association to determine the appropriate number of key fobs and vehicle permits to be issued. The City will issue key fobs to authorized approved athletic association program representatives for access to concession stands and storage rooms. The association may request permission in writing to utilize a golf cart or workman type utility vehicle on City property. If approved, a permit will be issued by the City to the association on a per vehicle basis. Misuse of the vehicle, as determined by the City, may result in the cancellation of the permit and ability of the association to use these vehicles. The association may request permission in writing to allow specific association representatives to drive their automobiles into the complex on the pedestrian pathways. The permit will only be issued by the City to association representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The association must contact the Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Lighting Prediction System The City has implemented the THOR GUARD Lightning Prediction System in its community parks. Lightning is a severe hazard that must be viewed seriously. Everyone should seek shelter any time they believe lightning threatens them, even if a signal has NOT been sounded. You will be warned by our THOR GUARD lightning prediction system, which sounds ONE 15 second blast of the horn signaling suspension of ALL activities, the strobe light will begin flashing and remain flashing until safe conditions return. You should seek immediate shelter. Activities may resume after THREE 5 second blasts of the horn are sounded and the strobe light stops flashing. XII. Park Regulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle 4D-18 8 designed and equipped for use off any paved roadway with such definition to specifically include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of 4D-19 9 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 4D-20 10 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 11 /2/2020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Sat 10/31/2020 8:30 AM To: Jerod Potts <jpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name Jeanette Last Name Adam Email Address Phone Number 970 250 7412 Would you like to comment Watermere Parks on a specific park in Southlake? Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell Perhaps a fitness trail instead of children's equipment us about this specific park? Push-up Lunges Sit up bench Pull up bar And include wheelchairs access for upper arm strength area Other Comments Why is the park at the Verandas omitted? We are not a part of WAtermere - or are we? Thank you in advance for your reply Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4NzA5Wx�g'Rg§lc� IIzITA'IRFOIDMzN2UzZgAQAHY13A51IJ9HuBH6VNeHPW... 1/1 111212020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Thu 10/29/2020 6:36 PM To: Jerod Potts Ejpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name MaryLee Last Name Aford Email Address Phone Number 18179805028 Would you like to comment Carillon Parks on a specific park in Southlake? Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell In Carillon's Villa Park North, located at the intersection of us about this specific park? Monte Carlo and Orleans, the HOA recently had landscapers make a butterfly garden in this park, and turned the bench around so people could sit on the bench and watch the butterflies. This park could use 3 picnic tables from this website, or similar to this, in black. tLink below.) The tables are round with 4 attached benches, allowing seating for 2 per bench. This would be room for a family/group of 8 to sit at each bench. 1 of the tables available is identical to the other 2 but is missing one bench, allowing ADA wheelchair access. The tables and benches are perforated, similar to those in Liberty Park on Dove, which is where my family and I meet to dine together during COVID. If we had 3 tables in Villa Park North, we could meet in a park near my home in Carillon, instead of Liberty Park. Placing the tables on the mulch would eliminate the need to mow around them. Would the City buy these tables? If not, are there matching funds from the City for this purchase? https:lMrww.theparkcatalog.comleverest-series-46- round-picnic-table Other Comments Pertaining to the land the City recently purchased, located �s/ouutthrof Lake Carillon and to the east of Harbor Chase; https:lloutlook.otfice.comlmail{nbox[id/AAQkAUNhOGM4NZAu'�WU��f k2rLTACR2ItMMzN2UzZgAQABbKJLQSwp9PgiKWBLfzEMA... 112 11 /2/2020 Mail - Jerod Potts - Outlook creating a Southlake Botanical Garden and tying it to the lake would create another "destination" for Southlake, and may be a great location as it is within walking distance of the proposed Carillon Parc mixed -use development, and a nice place for the seniors at Harbor Chase to enjoy. It would also provide a place where Southlake Certified Master Gardeners could volunteer to maintain their "Master Gardner" status. This would also help fill a demand for more park and garden space in Southlake. Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4NzAPTLxOE; V9I�Qz'LTA11Q21�DMzN2UzZgAQABbKJLQSwp9PgiKWBLfzEMA... 2/2 11 /2/2020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Sat 10/31/2020 4:59 PM To: Jerod Potts <jpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name Angela Last Name Davenport Email Address Phone Number 6827102705 Would you like to comment Carillon Parks on a specific park in Southlake? Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell Southlake needs more tennis courts. Especially with many us about this specific park? being used for pickleball now. We live in Carillon and would love tennis courts in our neighborhood. Other Comments Field not completed. Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4NZA5ZVVUx0 1 STiN z'LTA'11d2100DMzN2UzZgAQAPeF8gjhN6NFu9geYj4lmU0%3D 1/1 11 /2/2020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Fri 10/30/2020 11:17 AM To: Jerod Potts <jpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name Last Name Email Address Phone Number Would you like to comment on a specific park in Southlake? Pamela Papa Field not completed. Bob Jones Nature Center and Preserve Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell Upkeep of the trails could be better. There are times of the year us about this specific park? when some of the trails are too overgrown. Professional signs with more extensive and prominent trail markings would be great, like with the Trophy Club trail system. Other Comments A walking path lined with nature from one end of Southlake to the other, passing through Town Center would be awesome. Walking along 1709 is stressful enough for people, but is too much for dogs. Even a trail walk like the Katy Trail in Dallas would be awesome. It could be a walk/ride treelined path with mini restaurant bars and travel from Davis to Town Center or maybe be a path leading to Carillion. We travel all over the metroplex looking for nature trails and 3- 10 mile hikes. It's always saddened me that we have to leave Southlake to do it. Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4NzA5tIL,Kd;V�I� ,hq,' LTA 11Q21�DMzN2UzZgAQADNokmzANxNMp5Rdr9x8hOA... 1/1 11 /2/2020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Thu 10/29/2020 7:41 PM To: Jerod Potts <jpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name Nisha Last Name Patel Email Address Phone Number 2145165137 Would you like to comment Carillon Parks on a specific park in Southlake? Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell Enclave park in Carillon- my kids play basketball there almost us about this specific park? daily and there are zero lights in and around the park. I think there should be at least a few lights on a timer in and around the park Primarily for safety but also to allow the kids to play a little later in the evenings when the sun sets early. Other Comments Field not completed. Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4N�AgFL,Od I STiN�z'LTAiN210IIDMzN2UzzgAQAD%2F950FG3gNGsKjlrDquibO... 1/1 11 /2/2020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Thu 10/29/2020 11:51 PM To: Jerod Potts <jpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name Meghna Last Name Sharma Email Address Phone Number 2149145832 Would you like to comment Carillon Parks on a specific park in Southlake? Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell It is very dark around the lake Carrillo park to walk in the us about this specific park? evenings when we go for a walk . Is it possible to install low profile solar lights that would make it safe to walk around the lake carrilon park in the evenings on the winter and summer ? Other Comments Field not completed. Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4NzA5Z L,Omc* ,,Ngz'LTA'1 i-i DMzN2UzZgAQAJOabeQOFHdPp8MccC%2Bxv... 1/1 11 /2/2020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Thu 10/29/2020 9:50 PM To: Jerod Potts <jpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name Denise Last Name Shirey Email Address Phone Number 817-729-8394 Would you like to comment Carillon Parks on a specific park in Southlake? Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell Lake Carillon Park: we are experiencing erosion on the South us about this specific park? berm of the lake and we have had erosion engineers look at it. It will be a very considerable amount of money to correct the issue. The source of the run off water causing the problem is from the land that the City of SLK recently purchased to the south of the lake. The City's help with the cost and the correction on this portion of land and the lake's berm would be very much appreciated. We are working very hard to try and enhance the lake park, and it is difficult to do when such a large amount of money must go to repairs. SILK owns both pieces of land, we maintain Lake Carillon. Could you please look into correcting the run off from the new property promptly so that we can start on the berm repairs? Other Comments In regard to the City's newly purchased land South of Lake Carillon Park and East of Harbor Chase: I would like to propose that the city create a SOUTHLAKE BOTANICAL GARDEN and connect it to Lake Carillon Park. Our lake area is VERY popular and well used. I imagine the residents of Harbor Chase, Carillon, and all of SILK using it as a destination for walking, strolling, jogging, and a �s/ociciallizziin lace. There has recently been an interest in SILK https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4NjA�WL, MM� ,kZRz' LTAiN21PMzN2UzZgAQAJelDYffB9BLiDuRX1 DmHxA%3D 1/2 11 /2/2020 Mail - Jerod Potts - Outlook for more parkland, this would help and be a beautiful addition to our fair city. It could also be used for education, photo ops (wedding pictures), master gardeners volunteering their time, etc. Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4N�AgFL,Kd I�STiN�z' LTAiN21PDMzN2UzZgAQAJeIDYffB9BLiDuRX1 DmHxA%3D 2/2 11 /2/2020 Mail - Jerod Potts - Outlook Online Form Submittal: Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form noreply@civicplus.com <noreply@civicplus.com> Thu 10/29/2020 7:11 PM To: Jerod Potts <jpotts@ci.southlake.tx.us>; Ken Baker <kbaker@ci.southlake.tx.us>; Chris Tribble <ctribble@ci.southlake.tx.us> Southlake 2035 Parks, Recreation & Open Space Master Plan Feedback Form Send us Your Feedback! Do you have any comments about the City's parks system? Is there anything not available in the parks that you would like to see? What about comments regarding open space, or recreational offerings? Please use this form to provide us with information that will help with the update to the City's Parks, Recreation & Open Space Master Plan! First Name Brad Last Name Smedberg Email Address Phone Number 239-404-5977 Would you like to comment Carillon Parks on a specific park in Southlake? Link to Descriptions of Parks Parks in Southlake in Southlake What would you like to tell As residents of Carillon we use the park/playground multiple us about this specific park? times per week. given the use of this park and the extra space we would love to see childrens swings installed vs just those for babies/toddlers. we often drive to other playgrounds due to the lack of swings as our children's favorite thing to do. simply a fantastic upgrade if at all possible. Other Comments not sure if it is a HOA thing or Southlake parks and recreation but good to point out that our parks and trails around Carillon have become overrun by skunks. i run in the mornings from 5 to 6am and every run i see 4 to 5 different skunks in the parks and along the walkways which can be unsettling. not sure if anything can be done but likely good to relocate them elsewhere so pets aren't impacted to the same degree. Email not displaying correctly? View it in your browser. https://outlook.office.com/mail/inbox/id/AAQkADNhOGM4N',A3 IOPgt�l'lP zLTRFN2 0'@MzN2UzZgAQAGORi9DYY6tOlNSRvLipL5c%3D 1/1 The Cliffs Park Recommendations No. Recommendation/Policy Implementation Metric CP1.1 Add distance markers to this park for runners and walkers (See PROS14.3). CP1.2 Add benches, water bottle refill stations, and dog water bowls around the pedestrian pathway to encourage use of this trail. Park amenities at Lot 19X, Block 2, The Cliffs at CP1.3 Plant trees to provide screening for the residents of Clariden Ranch on the perimeter of the park, and also provide shade trees along the sidewalk for those CP1 Clariden Ranch (3728 N. White Chapel Blvd.) using the trail. CP1.4 Create a loop in the sidewalk that spans across the south side of the property making for a more interesting user trail experience. CP1.5 Add low -intensity lighting around the trail in each park to increase the safety for those walking in the early mornings or evenings. Ensure the lighting is consistent with the City's amenity policy (see recommendation PROS4). CP2 The Cliffs Park Trail Expansion CP2.1 Explore the opportunity to add passive walking trails with boardwalks in the U.S. Army Corps of Engineers property to the south connecting them to The Cliffs Park trails. Parking at Lot 25X, Block 2, The Cliffs at CP3.1 Add an off-street parking area to Lot 25X, Block 2 of the Cliffs at Clariden Ranch subdivision (lot north of the telecommunications tower) for park access. CP3 Clariden Ranch Subdivision and connectivity to CP3.2 Add an unsignalized mid -block pedestrian crossing area across N. White Chapel Blvd. to better connect Bob Jones Park to The Cliffs Park. Bob Jones Park. (3704 N. White Chapel Blvd.) CP3.3 Create an accessible opening in the gate near the pedestrian crossing at Bob Jones Park on the east side of N. White Chapel Blvd. CP3.4 Add signage to this lot clearly indicating it is a public park. CP4.1 The benches within this park are inconsistent with those in other City parks. Replace to match the standard amenity policy identified in PROS4. Park amenities at Lot 5X, Block 2, The Cliffs at CP4.2 Add shade trees to the park. CP4 Clariden Ranch (501 Rancho Laredo Trail) CP4.3 Incorporate additional amenities into to the Park at such as low intensity lighting, additional seating, and pet waste stations. CP4.4. Consider adding a gazebo with dining table to the park. CP5.1 Connect the missing sidewalk segment across 101 Clariden Ranch Rd. between the City trail and where the sidewalk begins again to the southeast of The CP5 Sidewalk segment connections. Clariden School (100 Clariden Ranch Rd.) CP5.2 Connect the missing sidewalk segment at 3611 Sunrise Ranch Rd. to the City trail system. No. Recommendation/Policy Implementation Metric KSL1.1 Provide a pedestrian connectivity through the existing utility easement from N. White Chapel to Kirkwood Boulevard. KSL1.2 Provide connectivity from Kirkwood/Sabre Linear Park to Bob Jones Park and The Cliffs Park. Work with the USACE to add a trail segment on the east side of N. White Chapel Blvd. If this occurs, consider the addition of a pedestrian crossing such that pedestrians can safely move from Kirkwood/Sabre Linear park Carry over recommendation 1 and 2 from the across N. White Chapel Blvd. KSL1 Southlake 2030 plan. Shown to the right as KSL1.3 Add a trail segment on Lot3, Block 1 of the Sabre Group Campus Addition (City -owned property) that meanders south and connects to Kirkwood Blvd. KSL1.1 and KSL1.2. Proposed revisions to the (would terminate at Lot 29, Block 1 of Kirkwood Hollow Addition). Work with the Kirkwood Hollow HOA to connect these segments making for a long contiguous original language shown in blue. trail segment. KSL1.4 Add some passive park amenities and additional trail segments at the north end of the park. KSL1.5 Obtain an easement across the Wilks property to the north (1400 W. Kirkwood Blvd.) in order to connect to the USACE property (3400 and 3600 N. White Chapel) to connect to The Cliffs Park to the north. Work Session 5-11 CarillonRecommendations No. Recommendation/Policy Implementation Metric CAR-CL1.1 Add distance markers to this park for runners and walkers (See PROS14.3). CAR-CL1.2 Add benches, water bottle refill stations, and dog water bowls around the pedestrian pathway to encourage use of this trail. CAR-CL1 Park amenities (Corporate Park and Lake Park). CAR-CL1.3 Work with the HOA to update the internal trail signage throughout Corporate and Lake Park. CAR-CL1.4 Plant trees to screen the utility boxes at the northwest corner of Corporate Park. CAR-CL1.5 Add low -intensity lighting around the trail in each park to increase the safety for those walking in the early mornings or evenings. Ensure the lighting is consistent with the City's amenity policy (see recommendation PROS4). CAR-CL2.1 Consider connecting the trail at the south end of Lake Park to the 11-acre property recently purchased by the City. CAR-CL2.2 Consider possible improvements to the Corporate Park / Lake Park trail when designing the future extension of Kirkwood Blvd. to E. Highland St. Identify opportunities to keep the pedestrian connection between these two parks and allow for the trail system to continue to E. Highland St (perhaps a pedestrian connection under the bridge). CAR-CL2 Trail extension (Corporate Park and Lake Park). CAR-CL2.3 Consider passive park and/or open space use for the remaining land of the 11-acre property before and after the extension of Kirkwood Blvd. takes place. CAR-CL2.4 Consider purchasing the property in the floodplain at the rear of 1360 N. Carroll Ave. and consider developing as park land. CAR-CL2.5 There is a small cemetery that is surrounded by City property (addressed as 950 E. Highland St.). Work with the property owner to improve trail access to this park. Consider working to execute a public pedestrian access easement so walkers can visit this site. CAR-131.1 Add distance markers to this park for runners and walkers (See PROS14.3). CAR-P1.2 Add benches, water bottle refill stations, and dog water bowls around the pedestrian pathway to encourage use of this trail. CAR-131.3 Add signage to indicate the park is public at the entry points along Pyrenees Dr. and Lake Carillon Ln. CAR-P1 Park amenities (The Preserve Park). CAR-P1.4 When it comes time to replace the existing playground equipment, replace with accessible playground equipment and surfacing. CAR-131.5 When it comes time to replace the existing playground equipment, identify opportunities to add swings for children of all ages. CAR-P1.5 If the park is to be redesigned, consider the addition of a tennis court. CAR-131.6 If the park is to be redesigned, consider making the two separate basketball areas a single full -court. Whether or not the basketball area is redesigned, add low -intensity lighting such that the courts can be utilized in the evenings. Park amenities (Villa Park North and Villa Park CAR-V1.1 Add picnic -style tables to the each park to make more conducive for outdoor dining. If tables are added, ensure there are an appropriate number of CAR-V1 South) trash receptacles. Coker Recommendations No. Recommendation/Policy Implementation Metric CHB1 Surface Parking CHB1.1 Provide access with unobtrusive, low impact parking lot and screening for the adjacent resident. CHB2 Trails CHB2.1 Develop the park in a passive manner adding a trail loop from the surface parking area. Connect this trail to the USACE property to the southeast. CHB2.2 Coordinate with the City of Grapevine and the USACE on the potential connectivity of this park to the Grapevine trail system. CHB3 Park Amenities CHB3.1 Add minor amenities such as a trash receptacle, benches, and signage to this park. CHB3.2 Using signage, clearly indicate where the public park area is vs. where the private property begins. Work Session 6-12 • Parks, Recreation & Open Space / Community Facilities Master Plan 76 Carillon Parks A Enclave Park x = Not included in Forced Ranking Activity CS = Community Services Department 4 IMON49 ham• �" •. ^cam Ordinance No. 1060, Adopted March 19, 2013 1 [SOUTHLAKE 2030] Work Session 6-13 11 LEGEND WWI �aft. — rw.. c �.+tiia7niv.n • 1 • Parks, Recreation & Open Space / Community Facilities Master Plan 77 Th Tt— �- '' t P �"HAS€AI ` 1 � 6 Nort. >i ; 1 �t E 48 �rff t v'♦ 1 1 PHASE 2A-1 1 f 1 I 4' ` fk f+ASE 3ALI iE 2A-2-�— ►f PHASE 3A-2 !a I I; t f PHASE SA V. 3 -' 1. :' • �� PHASE 4C _ ark Lake Cari Ordinance No. 1060, Adopted March 19, 2013 1 [SOUTHLAKE 2030] Work Session 6-14 • • Parks, Recreation & Open Space / Community Facilities Master Plan 48 Kirkwood/Sabre Linear Park This small, triangular and linear site is on the west side of North White Chapel Boulevard near Kirkwood Boulevard at the Sabre Campus property. It is a linear park that connects to the other linear private parks throughout the area, including the parks adjacent to the Kirkwood Hollow neighborhood. This site, when the North White Chapel trail is constructed, would make an ideal rest area and picnic spot. In order to achieve full potential of the site connectivity is key in development of this park, and as such, has been recommended by the committee. 1. Provide a pedestrian connectivity through the existing utility 14 Tier 3 CS Mobility, C2 easement from N. White Chapel to Kirkwood Boulevard. 3.2, 3.3 2. Provide connectivity from Kirkwood/Sabre Linear Park to Bob Jones 14 Tier 3 CS, PW Mobility, C2 Park and The Cliffs Park. CS = Community Services Department PW = Public Works Department Ordinance No. 1060, Adopted March 19, 2013 1 [SOUTHLAKE 2030] Work Session 6-15 Parks, Recreation & Open Space / Community Facilities Master Plan 49 10 7, 7 � M7-,7, 0 Ordinance No. 1060, Adopted March 19, 2013 • • Parks, Recreation & Open Space / Community Facilities Master Plan 36 Coker Hike & Bike Park The Coker Hike & Bike Park is the only park that is not within the City of Southlake boundaries. This park is located in Grapevine immediately adjacent to the City. The potential to improve the park is minimal due x = Not included in Forced Ranking Activity CS = Community Services Department to a portion of the park being in a floodplain and utility power lines with easements running diagonally through the park. Ordinance No. 1060, Adopted March 19, 2013 1 [SOUTHLAKE 2030] Work Session 5-17 Lw -i o203O • • Parks, Recreation & Open Space / Community Facilities Master Plan 37 COKER HIKE & BIKE PARK t NORTH Conceptual Master Purr G m GRAP4C 91�IN Pu, Ordinance No. 1060, Adopted March 19, 2013 1 [SOUTHLAKE 2030] Work Session 5-18 • • Parks, Recreation & Open Space / Community Facilities Master Plan 38 The Cliffs Park The Cliffs Park was dedicated parkland during the development of the Cliffs of Clariden Ranch. The approximately 15 acres of open space area is mostly unimproved with the exception of the portion of the park that is on the interior of the Cliffs of Clariden Ranch development. The larger portion of the park between the development and N. White Chapel Boulevard is mostly flat open space with minimal tree cover, particularly on the interior of the lot. The committee's desire is to capitalize on the parks adjacency to U.S. Army Corps of Engineers property and preserve as much of the natural area as possible. The Cliffs Pork Ordinance No. 1060, Adopted March 19, 2013 [SOUTHLAKE 2030] Work Session 6-19 • • Parks, Recreation & Open Space / Community Facilities Master Plan 39 CLIFFS PARK Priority Department I GoalsTHE Vision, RecommendationObjectivesWorced Tier ResponsibleRanking 5. Explore the opportunity to add passive walking trails with boardwalks in the U.S. Army Corps of Engineers property to the 15 Tier 3 CS Mobility, C2 south connecting them to The Cliffs Park trails. 6. Sell the property located north of the telecommunications tower or Performance provide this area as overflow parking for The Cliffs Park or Bob Jones 15 Tier 3 CS Management & Service Park. Delivery, B5, F2 7. Install additional screening in the form of landscaping along the property line for the residences in the Clariden Ranch subdivision. 15 Tier 3 CS Quality Development, C3 8. Evaluate the need and implement the addition (if necessary) of multi -purpose field(s) at the park. 15 Tier 3 CS Quality Development, C3 9. Ensure no bollard lighting on the trails or parking lot lighting is installed. 15 Tier 3 CS Quality Development, C3 CS = Community Services Department PDS = Planning & Development Services Department PW = Public Works Department Ordinance No. 1060, Adopted March 19, 2013 1 [SOUTHLAKE 2030] Work Session 5-20 • • Parks, Recreation & Open Space / Community Facilities Master Plan 40 SOUi'HLAlt6 o®® o❑© N az x Ordinance No. 1060, Adopted March 19, 2013 1 [SOUTHLAKE 2030] Work Session 6-21 • Consolidated Future Land Use Plan 38 West Sector Plan No. Issues Reco m mendations/Pol icy Implementation Metric Strategic Link . Dept. Jordan Drive Properties Consider developing the Tier 1— Evaluate options Quality 4.2, 4.5 CS properties as a small park. as part of the Development, F2 Land use designation is Public/Semi Public. development of the Zoning is SF-1A. Future development on these Southlake 2035 Parks, properties should be approved in Recreation &Open Properties are city -owned and undeveloped. a manner that is sensitive to Space/Community potential impacts on adjacent Facilities Master Plan to Adjacent to ground water storage tanks to the south, which may create residential areas, particularly as designate the City owned noise issues for any development built on these lots. related to noise, traffic, building land located north of the heights, lighting and views. water tanks as a future park or open space. If developed as a park or ------------- Jutilized as permanent open space this area � should be design to accommodate — maintenance vehicle and W-LU1 equipment access to the water tank compound. i yy5 �I A Ordinance No. 1192, Adopted June 19, 2018 • Work Session 5-22 • Consolidated Future Land Use Plan 36 Central Sector Plan No. Issues Recommendations/Policy Implementation Metric Strategic Link . Dept. Randol Mill Avenue Properties Retain Low Density Residential Tier 1— Evaluate options C1303; Quality 1.4, 1.7, 1.8 PDS, CS land use designation. for these properties as Development 755 & 635 Randol Mill future park land as part Approximately 22 acres. Evaluate the potential of these of the South lake 2035 properties as future park land Parks, Recreation &Open Current land use designation is Low Density Residential; adjacent land and consider amending the land Space/Community use designations are Low Density Residential and Medium Density use plan to Public/Semi-Public. Facilities Master Plan. Residential. If the properties are developed Tier 2 -Consider Zoning is AG. residentially instead of as park executing a right of first land the following should be refusal on the purchase Surrounding development includes industrial, restaurant and low and evaluated as part of the of the properties if medium density residential uses. development design: warranted. Properties are undeveloped/underdeveloped, with a pond and looped sidewalk on the southern property. • If possible, properties should Ongoing — Evaluate be master planned or residential development Properties front on F.M. 1938, which is currently under construction as a developed in a coordinated proposals per the four -lane roadway with raised curb medians and an 8 foot trail on the manner. recommendations listed. east side and a 5 foot sidewalk on the west side. The trail and sidewalk • Development should occur in tie into Westlake's 10+ mile trail network. Westlake's trail along F.M. a manner that preserves and 1938 includes shade structures, drinking fountains, a pedestrian integrates the natural tree C-LU1 underpass and offstreet parking. Access to this regional trail system with cover. The large tree area pocket amenities makes these properties a possible location for a future located in the northeast small park development. portion of the property Traffic volumes (14,810 ADT as measured in 2017) are expected to should be maintained or increase along F.M. 1938 with the completion of the widening project. consider to be part of a future open space area. • The property should be b developed in a walkable manner and provide a pedestrian connection to the F.M. 1938 trail system. _ • Create buffering or screening from the future residential to y the industrial uses to the east. • Evaluate the potential for the developer to provide a public roadway along the current Gifford Ct (Currently a private street) alignment to allow vehicular access to FM 1938 at a full median opening. Ordinance No. 1192, Adopted June 19, 2018 • Work Session 5-23 *.N. - le "34&K du PA OR Rom. 35 6`1 hio A.6 m IFT-D'D 5f j Coker H i I(e'& A• LonesornpsoDVvIt U."' N. Carroll 0 -P rlr PAM -T 4F 4p '� .� b ,fir. Sunshine Lane Nd e •Cliffs Parkjo _ mow. Pyl.:. .... c.--.W+IY. • - . _ a..F�+'�,. r �: 9•P .i4t N..,°.'1hite Chapel Blvd. T.W. Icing Rd. _ W. Kai rlcw o Ilk ' • - TM; 1 i HIM ¢. ml41 N`White Chap,, I L�B�Ivd : - ' k L .� Kirkwood/ Sabre,"= Linear Park . h IFNI W. Kirk wood'�Blvd. �f. { l 1!f W. �' Park and Recreation Board Attendance Report 2020 1 Kevin Craddock X YO YO 11 YO 11 Individual Rate 83% Hrs To ..te 9.25 Average Monthly Attendance Rate 2020 93% 2 Jeffrey Ng YO YO YO 11 YO 11 100% 10.75 3 Frances Scharli YO YO YO 11 YO 11 100% 10.75 Magdalena 4 Battles YO YO YO 11 YO 11 100% 4.5 5 Stacy Driscoll YO YO YO X YO VO 83% 10 6 Chad Bedwell YO YO YO V, YO .0 100% 10.75 7 Paul Venesky YO YO_ YO X YO 83% 10 Meeting Attendance Rate includes 86% 100% 100% 71% 100% 100% 11 nattendance Total Hrs Per Month 1.5 3 0 0 0 1.75 0 0.75 1.5 2.25 10.75 X Not in attendance, no substitute 1 Substitute in attendance • Vacant position Meeting Canceled Meeting Canceled due to no quorum Change in Representative