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2026-05-11 Park Board Packet E M O R A N D U M M June 02, 2026 TO: Parks and Recreation Board FROM: DavidMiller, Director of Community Services SUBJECT: Agenda Item Comments for the Parks & Recreation Board Meeting – Monday, June08, 2026, at 6:00 P.M. ________________________________________________________________ NOTE: This meeting will be held in Legends Hall Board Room located within The Marq Southlake, 285 Shady Oaks Dr. Dinner will be available at 5:30 p.m. Please advise staff if you are not able to attend this meeting (djmiller@ci.southlake.tx.usor 817.748.8018). Thank you. REGULAR AGENDA 1.Agenda Item No. 1. Call to Order: 2.Agenda Item No. 2. Consent: A.Approve the minutes from the Parks and Recreation Board meeting held on May 11, 2026 – Please make any corrections to the minutes part of the motion for consideration. 3.Agenda Item No. 3. Public Forum: A.Public Forum is the public's opportunity to address the Boards about non-agenda items. During the Public Forum, board members will not discuss or take action on any item brought up at this time. 4.Agenda Item No. 4. Consider: A.Recommendation on a Facilities Utilization Agreement with Dragon Youth Football B.Recommendation on a Facilities Utilization Agreement with Grapevine Southlake Soccer Association C.Recommendation on a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date – June 08, 2026, at 6:00 pm Page 2 of 3 D.Recommendation on a Facilities Utilization Agreement with Lady Dragon Lacrosse E.Recommendation on a Facilities Utilization Agreement with Dragon Youth Baseball F.Recommendation on a Facilities Utilization Agreement with Southlake Girls Softball Association G.Recommendation on a Facilities Utilization Agreement with Miracle League of Southlake- The purpose of these 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, Lady Dragon Lacrosse, Dragon Youth Baseball, Southlake Girls Softball Association, and Miracle League of Southlake. The proposed FUAs are all 2-year terms, effective from July 1, 2026, to June 30, 2028. These agreements reflect changes pursuant to the Policy for Provision of Athletic Facilities and City of Southlake Fee Schedule as Recommended by the Recreation and Athletics Taskforce and Park Board and subsequently approved th by the City Council at their May 19meeting. A copy of each proposed FUA is included in your packet for consideration. The City Council will consider approving the proposed FUAs at their meeting on June 16th, 2026. 5.Agenda Item No. 5. Discussion: A.Recreation and Athletics Taskforce Update- Director Miller will provide a Recreation and Athletics Taskforce Update. This is a standing item on the agenda to allow staff to update the board on Recreation and Athletics Taskforce-related topics. No packet item. B.Parks & Recreation Update –Director Miller will provide a Parks & Recreation Department update regarding the 2026 trees in 2026 initiative. 6.Agenda Item 6. Adjournment: As always, we appreciate your commitment and service to the City. If you have any questions regarding the agenda or materials, please feel free to contact me at (817) 748-8018. DJM City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date – June 08, 2026, at 6:00 pm Page 3 of 3 TAFF CONTACT INFORMATION: S David Miller, Director of Community Services (817) 748-8018 Fince Espinoza, Deputy Director of Community Services (817) 748-8925 Allyssa Leslie, Assistant to the Director (817)-748- 8951 City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork PARKS AND RECREATION BOARD MEETING Monday, June 8, 202 6:00 P.M. LOCATION: City of Southlake, The Marq Legends Hall Board Room 285 Shady Oaks Dr. Southlake, Texas 76092 TIME: 6:00 P.M. REGULAR AGENDA: 1.Call to Order 2.Consent A.Approve minutes from the Parks & Recreation Board meeting held on May 11, 2026 3.Public Forum non-agenda items. During this proceeding, the Park and Recreation Board will not discuss, consider, or act on any item presented. We respectfully ask that anyone stepping forward to speak during the Public Forum please limit remarks to 3 minutes.) 4.Consideration A.Recommendation on a Facilities Utilization Agreement with Dragon Youth Football. B.Recommendation on a Facilities Utilization Agreement with Grapevine Southlake Soccer Association. C.Recommendation on a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association. D.Recommendation on a Facilities Utilization Agreement with Lady Dragon Lacrosse. E.Recommendation on a Facilities Utilization Agreement with Dragon Youth Baseball City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date June 8th, 2026 Page 2 of 2 F.Recommendation on a Facilities Utilization Agreement with Southlake Girls Softball Association G.Recommendation on a Facilities Utilization Agreement with Miracle League of Southlake 5.Discussion A.Recreation and Athletics Taskforce Update B.Parks and Recreation Update 6.Adjournment A quorum of the City Council, Board, Commission, or Committee may or may not be present at this meeting. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Tuesday, June 02, 2026, by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Amy Shelley, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special accommodation, please advise the City Secretary 48 hours in advance at 817.748.8016. Reasonable accommodation will be made to assist you. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork PARKS AND RECREATION BOARD MEETING MINUTES: MAY 11, 2026 ION:THE MARQ SOUTHLAKE LOCAT Legends Hall – Boardroom 285 Shady Oaks Drive Southlake, Texas 76092 TIME: 6:00 p.m. PARKS AND RECREATION BOARD MEMBERS PRESENT: Vice-Chair Paul Venesky, Secretary Deanna Kienast, and Board Members Julie Beal, Patrick Mundlin, and Renne Thomas PARKS AND RECREATION BOARD MEMBERS ABSENT: Chair Magdalena Battles and Board Member Joe Sansone STAFF PRESENT:Director of Community Services David Miller,Deputy Director Fince Espinoza 1.CALL TO ORDER Vice Chair Paul Venesky called the regular Parks and Recreation Board meeting to order at 6:00 p.m. 2.CONSENT AGENDA 2A.APPROVE MINUTES FROM PARKS AND RECREATION BOARD MEETING HELD FEBRUARY 09, 2026 The minutes of the April 13, 2026, Parks and Recreation Board meeting were approved with no changes or corrections. Consent Agenda items are considered to be routine and are enacted with one motion by the Board. APPRO VED A motion was made to approve the Consent items, including the minutes of the Parks and Recreation Board meeting held on April13, 2026. Motion:Mundlin Second: Kienast Ayes: Beal, Mundlin, Kienast, Thomas, Venesky Nays: None City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Minutes of the May 11, 2026 Parks Board Meeting Page 2 of 4 Abstain: None Vote: 5-0 Motion carried. 3.PUBLIC FORUM Chair Battles opened Public Forum at 6:01 p.m. There being no one to speak, Vice Chair Venesky closed Public Forum at 6:01 p.m. 4.CONSIDER 4A.RECOMMENDATION OF APPROVAL FOR PROPOSED CHANGES TO THE FY 2026 FEE SCHEDULE Director Miller presented item 4A to the Park Board for consideration. Director Miller was available to answer questions. APPROVED A motion was made to approve the proposed changes to the FY 2026 Fee Schedule Motion: Thomas Second: Kienast Ayes: Beal, Mundlin, Venesky, Thomas, Kienast Nays: None Abstain: None Vote: 5-0 Motion passed. B.RECOMMENDATION OF APPROVAL FOR PROPOSED CHANGES TO THE POLICY 4 FOR PROVISION OF ATHLETIC FACILITIES Director Miller presented item 4B to the Park Board for consideration. Director Miller was available to answer questions. APPROVED A motion was made to approve the proposed changes to the Policy for Provision of Athletic Facilities Motion: Beal Second: Mundlin Ayes: Beal, Mundlin, Venesky, Thomas, Kienast Nays: None City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Minutes of the May 11, 2026 Parks Board Meeting Page 3 of 4 Abstain: None Vote: 5-0 Motion passed. C.RECOMMENDATION OF APPROVAL FOR PROPOSED CHANGES TO THE CITY OF 4 SOUTHLAKE TOURNAMENT POLICY Director Miller presented item 4C to the Park Board for consideration. Director Miller was available to answer questions. APPROVED A motion was made to approve the proposed changes to the City of Southlake Tournament Policy Motion: Mundlin Second: Thomas Ayes: Beal, Mundlin, Venesky, Thomas, Kienast Nays: None Abstain: None Vote: 5-0 Motion passed. 5B. PARK AND RECREATION BOARD UPDATE Director David Miller gave an update on the Eggstravaganza and Touch-A-Truck events that occurred in April. He was available to answer questions. 6.ADJOURNMENT Vice ChairPaul Venesky adjournedthe meeting at 6:32 p.m. Paul Venesky, ViceChairDavid Miller, Directorof Parks & Recreation Board Community 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 Substitute in attendanceVacant positionMeeting CanceledMeeting Canceled due to no quorumChange in Representative 92% In attendanceNot in attendance, no substitute 2026 Attendance Rate Average Monthly 2.42.92.42.92.9 2.651.93 Date Hrs To 75%75%75%75% 100%100%100% ce Rate Attendan Individual 12/14/26 11/9/26 10/12/26 14-Sep 10-Aug 7/13/26 6/8/26 0.5 71% 5/11/26 ` 1.18 100% 4/13/26 3/9/26 0.97 85% 2/9/26 0.25 85% 1/20/26 Name Joe SansoneJulie BealPatrick MundlinMagdalena BattlesDeanna KienastRenee ThomasPaul Venesky 12345678 PlaceMeeting Attendance Rate (includes substitutions)Total Hrs Per Month City of Southlake Policies and Procedures Policy:Policyfor the Provision of Athletic Facilities Source:City Council Category:Community Services Department I.Guiding 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. s Strategy Map which focuses onSafety & 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 ownedathletic facility assets. The policy will guide the management and provision ofathleticfacilities(excludingthose atThe Marq Southlake,the Southlake Tennis Centerand the Southlake Pickleball Complex). This Policy is intended solely as an internal policy guide for the allocation and management of City athletic facilities. It does not create any contractual right, vested right, entitlement, or property interest in any user, organization, or applicant. II.Management The Department of Community Services is charged with oversees Park and Recreation system, including the management and allocation ofall athletic facilitiesas 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 objectivesto 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 throughsportstourism 1 Enhance service delivery through process development and continual process improvement Provide high value services through efficient management of resources Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve recommendations. The Director of Community Services, or designee, may approve administrative adjustments to athletic facility charges, including discounts, credits, or partial fee reductions related to FUA use, rentals, and tournament use, when deemed appropriate due to field conditions, limited field availability, scheduling impacts, operational considerations, long-term use commitments, or other circumstances consistent with ed The City will review Parks Facilities Utilization Agreement fees during each renewal cycle to evaluate s Policy requires the City to maintain any feeamount from one term to the next. III.Athletic Field Allocations With the development of the park systemand significant recent investments in artificial turfand other amenities, the City Council has made it a priority to ensure a full rangeof athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partnerswith 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 enjoyment of Southlake residents and the general public. The City Councildetermines who the City will lease its athletic facilities to, and will make final 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 following criteria are intended as policy guidance fortheCity and do not obligate the Cityto approve, renew, or continue any particular FUA. The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. Clubs, academies, select programs, independent teams, etc., will not be consideredas FUA partners. By signing the FUA, the program certifies that it meets these qualificationsand can provide detailed records of all of the below upon request. The program must prioritize Southlake residents. The program must make recreational level play a priority. The program must be recognizedbyand affiliated with a regional, state or national sanctioning body organization. 2 The program must provide and maintain liability insurance coverage naming the City as additional insured. The program must prove and maintain 501c3 status. child protection policy for all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf ofthe program who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information. The program must require each covered person to successfully complete a background check before participating in any program activity involving minors and must renew such background check at least annually. At a minimum, the background check must include identity verification, a national criminal history search, applicable state and county criminal record searches to the extent commercially available, a search of the National Sex Offender Public Website, a search of the Texas Department of Public Safety SexOffender national sanctioning body. The program must prohibit any person from serving in a covered role if the person is required to register as a sex offender in any jurisdiction, has been convicted of or received deferred adjudication for an offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense, or is otherwise prohibited by law, court order, parole condition, probation condition, or other governmental restriction from being in or near places where children commonly gather. The program must have a method in place for its membership, parents, and the City to easily identify,at all times, the persons who have passed a background check and are permitted to serve in a covered role. The program must immediately remove any covered person from all program activities on City property if the person has not completed a required background check, is disqualified information, or otherwise presents a safety risk to youth participants. The program must maintain records sufficient to demonstrate compliance with these requirements and must provide records, certifications, and supporting documentation to the City upon request. The City may audit compliance at any time. Failure to maintain, enforce, certify, or provide records demonstrating compliance may result in suspension, restriction, non- Agreement or use of City athletic facilities. The programs board should adhere to best practice financial management principles, maintain efficient and accurate accounting records and provide detailed financial reports to the governing body as requested. All approved athletic association programs are solely responsible for conducting, reviewing, and enforcing all required background checks for their respective coaches, volunteers, board members, officers, employees, contractors, officials, and other covered persons. The City does not assume responsibility for selecting, approving, supervising, or screening any such person by requiring background checks or by auditing compliance with this Policy. The City may request, inspect, or audit records demonstrating background check and child protection policy at any time. The City may require the program to provide a written certification of compliance before each season and may require additional 3 certifications or records if the City receives a complaint, becomes aware of a potential violation, or determines that additional review is necessary for participant safety, public safety, or compliance with City policy. Programs must provide requested compliance records within five (5) business days after request by the City, unless the City determines that a shorter response period is necessary due to an immediate safety concern. The City may require records to be provided in summary form, certification form, or through an on-site review. Programs should not submit full criminal history reports or sensitive personal identifiers unless specifically requested by the City Attorney or otherwise required by law. Failure to comply with the background check, certification, recordkeeping, audit, removal, or notification requirements of this Policy may result in suspension of field use, restriction of access to City facilities, denial of field allocations, non-renewal of an FUA, or termination of an FUA, as determined by the City. TheCityto provide outstanding athletic fields, whichmeet the Southlake standard, for theusesdetailed below in priority order: Recreational level league games, practicesand league tournamentsoffered by the City and approved athletic associations,where the teams are primarilymade up of Southlake residents (Seasonal field allocations will beprioritized based on the primary season for eachsport see below) Non-organized field/court usage (i.e., open play) on a first-come, first-servedbasis by Southlake residents(on fields that are not lockedor closed for maintenance) Higherlevel(i.e., select level)league games and practices offered by the City,approved athletic associations (who have in-houseselect level teams),andthe CISD, once the needs at the recreational level are met. Priority will be given to higher-levelteams primarily made up of Southlake residents over teams that are notSouthlake residents. (All other select use will fall under Rentals Organized Team Use and will be subject to the priority and guidelines below) Field/court rentals by Southlake residents for exclusive personal use(no organized team use) Field/court rentals by Southlake businesses & non-profits for infrequent use(such as for a corporate or church event,fee basedsports clinics, etc.) Field rentals by Southlake residents for organized team use (see Field Rentals -Organized Team Use section below) Tournament play(see Tournament section below) Field/court rentals by non-Southlake residents for exclusive personal use(no organized team use) Field/court rentals by non-Southlake businesses& non-profits for infrequent use (such as for acorporateor church event, fee based sports clinics, etc.) Field rentals by non-Southlake residents for organized team use (See Fields Rentals - Organized Team Use section below) requirements, public safety concerns, special events, capital improvement projects, and such other considerations as the Director of Community Services deems appropriate.To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields,Practice Fieldsor Multi-Use Fields. Game Fields are designated for City managed or approved athletic association league games,tournament play, CISD use or rentals. Practice Fields are designated for City managed or approved athletic association league practices, scrimmages, CISD use or Rentals.Multi-Use Fields can accommodate games, practices, tournamentsand rentals. 4 Seasonal field allocations will be prioritized based on seasons approved within each programs FUA(i.e., when sanctioned league games are played)for each sport. 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. In addition to the game fields the City allocatesfor approved athletic association leaguegames, the City also allocates the number of needs for practiceseach season. The athletic association may distribute the total hours of practice space allocated by the City as they see fit tomeet 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. The City will make the allocations no less thanthirty (30) daysprior to the start of practicesfor 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 usedduring approved park hours. The athletic association is responsible for turning off all fieldlights when no longer in useeach day.The City will set field lights to automaticallyturn off thirty (30) minutes after time. The City reserves the right to adjust field allocations as necessary based on games lost due to inclement weather, upon request. IV.Communication he Department of Community Servicesshall: Provide board member orientationon an annual basis for all athletic association board members/representatives Meet with keyathletic 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,manageathleticfields@ci.southlake.tx.usemail for all communications related to field scheduling sapproved athletic associationprograms shall: Designate one (1) person as the athatwill serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenancerequests 5 Submit season start and end dates no lessthan 60 daysprior to the beginning of each season to the Cityvia email athleticfields@ci.southlake.tx.us Submit enrollment numbers no less that two(2) weeks prior to the beginning of the season and prior to submitting the complete schedule for practices/scrimmages and games needed for the season Submit a complete schedule request forpractices/scrimmages and games (field number, age group, dates, times) no less thantwo(2) weeksprior to the beginning of the season to the City via email athleticfields@ci.southlake.tx.usin the format designated by the City Athletic associations agree to make a diligenteffort to utilize all space and time requested at the beginning of each season. Consistently unused field space may be reallocated for alternative uses by the City in future seasons at the City's sole discretion Submit requests to reschedulegamesno less than one (1) business dayin advance to the City via email athleticfields@ci.southlake.tx.us(Note: All requests to reschedulegames must be approved by the City). Requests not received prior to one (1) business day will not be honored Submit requests to reschedulegames that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields@ci.southlake.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 thantwo (2) weeks after election or appointment Submit field maintenance feepayment 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 thantwo (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 Cityshall: 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/courtlighting 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 theoperation of the scoreboards Maintain/repair the scoreboards Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying may require up to 24hours field closure City will give a 48 hour notice City will not close a field with a scheduled game Preparegame fieldsfor gamesMonday through Friday;including painting/chalkingall 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.) 6 Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manageror 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 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: Beresponsible for daily policing of all litter at the facilityto 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 does not comply with litter collection, a notification letter will be issued by the Cityrequesting 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 Cityproperty 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 equipmentif 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. Allgrassathletic fields are closed during the months of December & January Allgrassathletic fields will be closed for twelve (12) consecutive maintenance periods in June o The City will attempt to rotate grass 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/Fertilizationof 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 grass athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allowfor overseeding with rye grass o Depending on the weather, the Citywill make every possible effort to work with authorized usersto schedule the overseeding around game schedules 7 All 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 grass athletic fields by 3:00PM o Make a decision based upon field condition or anticipated weather conditions o All closures will be listed on the following website www.teamsideline.com/southlake which is updated Monday through Friday by 4:00PM 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 4:00PM 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 3:00PM 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 7:00AM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:00AM, 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 8:00AM 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 11:00AM 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. Field Rentals Organized Use The City may, in its discretion, make certain athletic fields or time blocks available for organized team rental use when such use is consistent with City Council objectives, City program priorities, approved Parks Facilities Utilization Agreement obligations, operational needs, maintenance requirements, and the overall public interest. This section is intended only to authorize the City to offer organized team rentals in appropriate circumstances. The City retains full authority to determine whether organized team rentals will be permitted, and if so, the fields, times, duration, frequency, conditions, priorities, and rates applicable to such rentals. Athletic field rentals for organized team use may be allowed based on the field use priority outlined in this policy. Athletic field rentals for organized team use will be offered at the rates outlined in the City of Southlake Municipal Fee Schedule. Priority for organized team use rentals will be given to organizations that have approved partnerships with City of Southlake FUA partners and serve as the select option for current FUA organizations. This priority will be limited to one partnership per FUA and limited to teams with resident participants. Rentals will be available for one time use and/or seasonal or annual contracts within available time slots. Preference may be given to longer term contracts. 8 If field availability is limited or other space considerations require prioritization among organized team rental requests, the City may consider the percentage of Southlake resident participants on each team, together with any other factors deemed relevant by the Director of Community Services, in determining priority. The City of Southlake reserves the right to designate fields and/or time blocks as available for organized team rentals based on seasonal demand, City programs, FUA needs, maintenance requirements, and other operational considerations, as determined by the Director of Community Services or designee. VIII. 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 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. The City reserves the right to designate certain dates or weekends as tournament hold dates for any park or field, provided that the CITY gives reasonable advance notice to affected FUA partners when practicable. All FUA partners will maintain their ability to host one recreational-based tournament per season and must share intention to do so along with anticipated dates/times and field needs, 30 days prior to the beginning of each season IX. Concessions All food/beverage related concession operations are provided either by the approved athletic X. 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. All vendors must be pre-approved by the City and, where required, must obtain all applicable permits and licenses before operating on City property. XI. Building 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. 9 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. XII. Lightning Prediction System The City has implemented the Perry Weather 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 Perry Weather 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. XIII. Park Regulations The following regulations and restrictions are prescribed for the use of City parks: Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. 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. Riding or driving off-road motorized vehicles in any City 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 designed and equipped for use off any paved roadway with such definition to specifically include off-road motor bikes, go-carts, and dune buggies. 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. 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. 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. 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. Nothing in this Policy is intended to prohibit conduct that Texas law permits or to authorize conduct that Texas law prohibits. 10 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. Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. Defacing public property. o 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. o No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. 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. 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. 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 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. 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. 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." Erecting structures prohibited. o 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. o 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. o 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. 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, 11 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. 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. 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. XIV. 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) Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Approval Date: May 19, 2026 Approved by: City Council Recommendation Date: May 11, 2026 Recommended by: Parks & Recreation Board Recommendation Date: May 11, 2026 Recommended by: Recreation and Athletics Taskforce 12 M E M O R A N D U M June 02, 2026 TO: Parks and Recreation Board FROM:David Miller, Director of Community Services SUBJECT: Recommendation for approval of a Facilities Utilization Agreement with Dragon Youth Football Action Requested: Park Board recommendation for approval of a Facilities Utilization Agreement with Dragon Youth Football from July 01, 2026, to June 30, 2028. Background Information: The Citycoordinates with several Southlake youth athletic associations to provide youth sports programs to residents. The City Council authorizes use of all City-owned athletic fields through a Facilities Utilization Agreement (FUA). The proposed FUA with Dragon Youth Football (DYF) is an agreement to provide athletic fields for the athletic program from July 1, 2026, to June 30, 2028. The City of Southlake currently maintains facility use partnerships with seven different Athletic Association who must meet the qualifications for facility use partners as outlined in the newly updated Policy for Provision of Athletic Facilities. Specific changes to the Facility use agreements are specific to the recommendations made by the Recreation and Athletics Task Force regarding the Policy for Provision of Athletics Facilities and the City of Southlake Fee schedule and include the following: Per player maintenance fees adjusted to new rates. Newly amended date ranges for spring/summer and fall seasons. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Park and Recreation Board Meeting Date – June 08, 2026 Page 2 of 2 Expanded language regarding Athletic Association background check responsibilities and the City’s ability to audit compliance. City Council will consider the proposed FUA at its meeting on June 16, 2026. Financial Considerations: The Association will pay field maintenance fees of $15.00 per resident per season and $45.00 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 Areas of Partnerships & Volunteerism and Performance Management & Service Delivery, and meets the Corporate Objective to Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: Parks & Recreation Board consideration June 08, 2026 City Council consideration June 16, 2026 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 for approval of a Facilities Utilization Agreement with Dragon Youth Football (DYF) from July 01, 2026, to June 30, 2028. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork CITYOFSOUTHLAKE PARKSFACILITIESUTILIZATIONAGREEMENT THESTATEOFTEXAS§ § COUNTYOFTARRANT§ ThepartiestothisAgreementaretheCityofSouthlake,Texas,hereincalled "CITY," and Dragon Youth Football,hereincalled"ASSOCIATION." WHEREAS,theCITYowns,operates,andmaintainscertainathleticfacilitiesfor the recreation,use,benefit,andenjoymentof itsresidentsandthegeneralpublic;and WHEREAS,the ASSOCIATION desiresto lease(or utilize)the CITY'Sathletic facilitiestoprovideayouthfootballprograminaccordancewiththetermsand conditionsof this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenantsand agreements hereinaftercontainedandsubjecttothetermsandconditionshereinafterstated,the partiesheretodo mutuallyagreeas follows: SECTION1 SCOPEOF SERVICES The ASSOCIATION agrees to provide a recreationalyouth footballprogram that adheres to the City of Southlake'sorganizationalvalues outlined in Section 9 of the Agreement. TheCITYagreestoallocatethenumberoffieldstomeetthe Association'sprogramneedsforthe required 2 yearsof the agreement through June30, 2028.Specificfieldallocationswillbe made in accordancewith the City of Southlake Policy for the Provision of Athletic Facilities,whichismadeapartof thisAgreementbyreferenceandidentified hereinas ExhibitA. SECTION 2 TERMS OFAGREEMENT ThisAgreementwillbeeffectiveonthedatesignedbytheCITY'SMayor. Thetermof thisAgreementshallbefromJuly1,2026,throughJune 30,2028. Footballshallconsistofthefollowingseasons: o SpringSeason(typicallyFebruary-May) Page 1 o FallSeason(typicallyAugust-November) The beginningof a season is the first day the ASSOCIATIONutilizes the field(s) for coach meetings, tryouts, scrimmages, preseason games, games, clinics, camps, end of season recreational tournament, or other approved footballactivitiesfor 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. The ASSOCIATION may have up to one (1) RECREATIONAL-based Tournament per seasonat no charge,subject to scheduling approval by the CITY -current tournament requirements. The CITYwill provide minimum staffing levels as determined by the CITY in accordance with its applicable tournament procedures. If the ASSOCIATION desires additional facility usage outside of the above- listedseasons,it must rent the fields from the CITY at the City Council-approvedfield rentalrates. FieldsnotbeingutilizedbytheASSOCIATIONortheCITYwill bemade available for public or organized team rental use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY willdetermine available fields for rental use on a seasonal basis once Association allocation needs are met.Notwithstanding any other provision of this Agreement, the CITY may temporarily suspend, reassign, restrict, or close any field or facility at any time for maintenance, safety concerns, weather conditions, emergency response, City events, capital improvements, or other operational needs as determined by the CITY in its sole discretion. Minor,functional,andoperationalamendments tothisAgreement must be approved bytheDirector ofCommunityServices.Exceptasotherwiseauthorized herein, any other substantive amendments to this Agreement must be approved in writing by theCity Council following a recommendationby the Parks and Recreation Board. SECTION3 USEOFPREMISES The ASSOCIATION shall not assign this Agreement,nor shall it sublease, license,rent out, or otherwise permit third-party use ofany propertyof the CITY, without prior written consent . Onlythe CITY mayrent CITY property.All inquiriesinto 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 tocomplete someleagues, the ASSOCIATIONshall assure that an ASSOCIATION team is scheduledforeach game played on a CITY field. Page 2 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 BACKGROUND CHECKS The ASSOCIATION acknowledges that its activities involve youth participants and agrees that participant safety is a material condition of this Agreement. The ASSOCIATION shall adopt, maintain, and enforce a written background check and child protection policy applicable to all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf of the ASSOCIATION who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information in connection with ASSOCIATION activities on CITY property or under this Agreement. covered person successfully complete a background check before the person begins any service, activity, practice, game, tournament, clinic, camp, meeting, or other ASSOCIATION activity involving minors. The background check shall be renewed at least annually and shall include, at a minimum: (1) identity verification; (2) a national criminal history search; (3) a search of applicable state and county criminal records in jurisdictions where the person has resided, worked, or volunteered during the preceding seven (7) years, to the extent commercially available; (4) a search of the National Sex Offender Public Website; (5) a search of the Texas Department of Public Safety Sex Offender Registry; and (6) any sanctioning body. The ASSOCIATION shall not permit any person to serve in any covered role if that person: (1)is required to register as a sex offender in any jurisdiction; (2) has been convicted of, received deferred adjudication for, pleaded guilty or no contest to, or is currently charged with any offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense under the laws of any jurisdiction; (3) has been prohibited by law, court order, parole condition, probation condition, or other governmental restriction from being in or near places where children commonly gather; or (4) otherwise presents a safety risk to youth participants, as determined by the ASSOCIATION in accordance with its policy. The age of participants, and the safety interests of the program. The ASSOCIATION must have a method in place for its membership, parents, and the CITY to easily identify, at all times, the persons who have passed a background check and are permitted to serve in a covered role. The ASSOCIATION shall immediately remove a covered person from all ASSOCIATION Page 3 activities on CITY property and from all activities conducted under this Agreement if the ASSOCIATION learns that the person may be disqualified under this Section, has failed to complete a required background check, has provided false or incomplete information, or is in effect unless and until the ASSOCIATION determines, in writing, that the person is eligible to serve and the CITY has been notified of the determination. Nothing in this Section restrict any person from using CITY property when the CITY determines that such action is necessary or appropriate for public safety, participant safety, operational reasons, or compliance with this Agreement. The ASSOCIATION shall maintain complete and accurate records sufficient to demonstrate background check and child protection policy; (2) the name and role of each covered person; (3) the date each background check was completed; (4) the vendor or source used to complete the background check; (5) the result of the background check, limited to whether the person was approved, denied, removed, or conditionally approved; (6) documentation of any renewal background check; (7) documentation of any disqualification, removal, appeal, or reinstatement decision; and (8) records of any training required by the ASSOCIATION, sanctioning body, or applicable law. The ASSOCIATION shall maintain such records for at least three (3) years after the end of the season in which the person last request. The ASSOCIATION shall provide the requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on- site review, as determined by the CITY. To the extent possible, the ASSOCIATION shall not numbers, or other sensitive personal information unless specifically requested by the CITY Attorney or otherwise required by law. The ASSOCIATION remains responsible for obtaining all required authorizations, releases, notices, and consents necessary to conduct background checks and to disclose compliance records to the CITY. The ASSOCIATION shall promptly notify the CITY if it becomes aware of any actual or alleged violation of this Section, any failure to complete a required background check, any disqualification or removal of a covered person based on safety-related concerns, or any allegation involving abuse, neglect, sexual misconduct, inappropriate contact with a minor, or conduct that may create a safety risk to minors. Nothing in this Agreement limits or Compliance with this Section is a material condition of this Agreement. SECTION 5 FIELD MAINTENANCE FEES Page 4 TheASSOCIATIONagreestopaytheCITYaresidentfieldmaintenancefeeof $15.00perresidentplayerperseason,andanon-residentfieldmaintenancefeeof $45.00pernon-residentplayerperseasonas stated in the City of Southlake Municipal Fee Schedule,withintwo(2)weeksafterthelast regularseasongame to help offset the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all playersutilizing CITYfields,regardless of the level or division of play, including "select" players. The ASSOCIATIONalsoagreesto payforanyadditionalfieldchalkanddryingagent materials that the ASSOCIATIONusesaboveand beyondwhat the CITY has allocatedfor the purchase of these materials to support the baseball program. The ASSOCIATION shall maintain complete and accurate rosters and supporting residency documentation for all participants and shall provide the same to the CITY upon request. The CITY shall have the right to verify participant counts, residency classifications, and fee calculations, and any underpayment shall be due within ten (10) business days after notice from the CITY. The parties acknowledge that FUA fees are subject to review by the CITYduring each renewal cycle to ensure alignment with City Council-approved cost recovery objectives, operational considerations, and the CITY-current fee structure. Any adjustment to fees for a renewal term must be approved through the applicable CITYapproval process. SECTION 6 INSURANCE The ASSOCIATION,at its ownexpense,shallobtainand keepinforceduringtheterm of this Agreement publicliability insuranceas will protectthe ASSOCIATIONand the CITY from all claimsfor damagesto 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 liabilityforinjuries sufferedby spectators and competitors intheorganized athleticactivity. Theinsurance shallprotecttheCITYfromandagainstallliabilityforclaimsarising outof or in connectionwith theASSOCIATION'suseandoccupationofthe premises andshall provide that such policy cannot be cancelled or terminated without thirty days'prior written notice tothe CITY. Allinsuranceshall beissued by acompany orcompanies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. Thetypeandminimumlimitofliabilityinsuranceareasfollows: TYPE o ComprehensiveGeneral Public Liability Page 5 MINIMUM LIMIT o $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 and, upon request, copies of applicable endorsements, including endorsements evidencing additional insured status and waiver of subrogation, 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 contribute 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: Be named as an additional insured or an insured, as its interest may appear. Be provided with a waiver of subrogation, in its favor. ASSOCIATION shall be solely responsible for any and all damage to City property, including without limitation athletic fields, synthetic turf, natural turf, facilities, fixtures, equipment, irrigation systems, fencing, lighting, parking areas, and other improvements, caused by ASSOCIATION or its officers, employees, agents, contractors, vendors, participants, invitees, spectators, or any other person attending or participating in activities. This responsibility includes, but is not limited to, damage resulting from any violation of City rules, field-use requirements, turf restrictions, or facility policies. ASSOCIATION shall promptly reimburse the City for all costs incurred by the City to repair, replace, clean, remediate, or restore any damaged City property, regardless of whether such damage is covered by insurance. SECTION 7 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAININHERENT 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 Page 6 ASSOCIATIONAGREESANDREPRESENTSTHATITSHALL INSPECTTHE PREMISESATTHEBEGINNINGOFEACHSEASON,INCLUDING BUT NOT LIMITEDTO THE PLAYINGFIELDS,AND THATTHE ASSOCIATIONHAS DETERMINEDTHATSUCHPREMISESAREREASONABLYSAFEFORTHE ACTIVITIESCONTEMPLATEDBYTHEASSOCIATIONHEREUNDER.THE ASSOCIATIONFURTHERAGREESTHATATANYTIMEITSREPRESENTATIVES OBSERVEANUNSAFECONDITIONONTHEPREMISESUSEDBYTHE ASSOCIATION,INCLUDINGBUTNOTLIMITEDTOTHEPLAYINGFIELDS,THE ASSOCIATION SHALLIMMEDIATELYREPORTSUCHDANGEROUSCONDITION TOTHEDIRECTOROFCOMMUNITYSERVICES ORDESIGNEE.IFTHE DANGEROUSCONDITIONPOSESANIMMINENTDANGER,THE ASSOCIATION SHALLIMMEDIATELY DISCONTINUETHE ACTIVITYAND USEOF THATPORTION OF THE FACILITY. THEASSOCIATIONAGREESTODEFEND,INDEMNIFY,ANDHOLDHARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW,THECITYOFSOUTHLAKE,ITS AGENTS,OFFICIALSANDEMPLOYEESFROM ANYANDALLCLAIMSFOR BODILYINJURY,ILLNESS,DEATH,ECONOMIC LOSS, PERSONALINJURY, OR PROPERTYDAMAGEARISING OUT OF OF THE PREMISES ORTHE ACTIVITIESOFTHEASSOCIATIONCONTEMPLATED HEREUNDER,INCLUDINGBUTNOTLIMITEDTOANYCLAIMARISINGOUTOF ORALLEGED TOARISEOUT OFANYNEGLIGENTACTOROMISSION COMMITTEDBYASSOCIATION OFFICIALS,PLAYERS, MEMBERS,OR OFFICERS. NOTHINGCONTAINEDHEREINSHALLBECONSTRUEDTOLIMITORWAIVE ANY GOVERNMENTALORSOVEREIGNIMMUNITYOFTHECITYOFSOUTHLAKEOR ANYIMMUNITYAPPLICABLETOITSOFFICERS,AGENTS,SERVANTS,OR EMPLOYEES, NOR SHALLIT 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 THEREMAYBEA WAIVEROFIMMUNITYUNDERSTATELAWTOENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLETO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUSOR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES,ARE SPECIFICALLYWAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especiallyprovidedand agreed by and betweenthe ASSOCIATIONand the CITY that theexhibits referenced hereinorattached hereto areincorporated intothisAgreement as if set out in their entirety,said exhibits being: Exhibit"A"-PolicyfortheProvisionofAthleticFacilities Page 7 Exhibit"B"-ConcessionStandAgreement SECTION 9 TERMINATION OF AGREEMENT CITYor ASSOCIATIONshallnotifytheother partyinwritingof a breachof any term of this Agreementand allowten (10)days to cure the breach, if the breach is curable.If the breachis notcured aftertheexpiration often(10) days, thenthe non-breachingpartymayterminate thisAgreementupontheexpirationof30days fromthedateoftheoriginal written notice of breach without further notification to the breachingparty. In addition to any other provision or remedy of this Agreement, the CITY may keepa recordof violationsof anytermof thisAgreement,theCityof Southlake Values, or any of the associated Exhibits.The failure of the City to notify ASSOCIATION of any such violation(s)shallnot bedeemeda waiverof anyother rightor remedyof theCITY.Incase of three or more violations, the CITY'S Department of Community Services may schedulea meeting with ASSOCIATIONto review the violationsand 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-currentseason. the background and child protection requirements found in Section 4 herein may, at -curable breach that will entitle the CITY, at its sole discretion, to immediately terminate this Agreement. SECTION 10 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principlesthat 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:Beingworthyofthepublic'strustinallthings.Wedealhonestly 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. Page 8 Commitmentto Excellence:Behaving responsively in our delivery of service to thepublic.Ourworkis characterizedbyitsqualityandbythediligencewith whichitiscarriedout.Weproactivelyseektosolveproblemsinadvance. Teamwork:Recognizing the importance of working together to meet our citizens'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 11 AUDIT REQUIREMENTS Agreement at any time upon request. The ASSOCIATION shall provide requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. SECTION12 SUCCESSORSAND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrators 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. SECTION13 APPLICABLELAW This Agreement is entered into subject to the Charter and ordinancesof CITY as they may be amended from time to time, and is subjectto and is to be construed, governed and enforced under all applicable State ofTexas and Federal laws.ASSOCIATION will make anyand allreports required per Federal, State orlocallaw,including, but notlimited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income.The situsofthisAgreement isagreed tobeTarrantCounty, Texas, for all purposes,including performance and execution. SECTION 14 Page 9 SEVERABILITY If any ofthe terms, provisions, covenants, conditions or any other part ofthis 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. SECTION15 REMEDIES No right or remedy granted hereinorreservedto the partiesis exclusiveofany other right orremedyherein bylaw orequity provided orpermitted, buteach shallbecumulative of every other right or remedy given hereunder. SECTION16 ENTIREAGREEMENT 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 the written agreementof the parties. SECTION17 NON-WAIVER It isfurtheragreedthatone(1)ormoreinstancesofforbearancebyCITYinthe exercise of its rights herein shall in no way constitute a waiver thereof.No covenant or condition of thisAgreementmay be waived without the consentof the parties. Forbearance orindulgencebyeitherpartyshallnotconstitutea waiverofanycovenant orcondition to be performed pursuantto this Agreement. SECTION18 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. SECTION19VENUE The partiesto thisAgreementagreeand covenantthatthisAgreementwill be enforceable inthe CityofSouthlake, Texas,andthatiflegalaction isnecessary toenforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION20 NOTHIRDPARTYBENEFICIARY Page 10 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 betweenthepartiestothisAgreement,andisinnowayintendedby the partiesto benefitorotherwiseaffectanythirdpersonorentitynotwithstanding 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 bycontractoroperationoflaw,anythird personorentityfromobligationsowing by them to either CITY or ASSOCIATION. SECTION 21 GOVERNMENTALIMMUNITY ASSOCIATION understandsand agrees that CITYisaTexas home-rulemunicipality and thatbyenteringintothisAgreement,theCITYisperformingagovernmental function. Noterm or condition of the Agreement shallbe construed or interpretedas a waiver, expressor implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the ____ day of ____________. ________________.________________ Amy Shelley, TRMCby:Shawn McCaskill City SecretaryMayor, City of Southlake ________________________________ Approved as to form and legalityPresident City AttorneyDragon Youth Football Page 11 M E M O R A N D U M June 02, 2026 TO: Park and Recreation Board FROM:David Miller, Director of Community Services SUBJECT: Recommendation for approval of a Facilities Utilization Agreement with Grapevine Southlake Soccer Association Action Requested: Park Board recommendation for approval of a Facilities Utilization Agreement with Grapevine Southlake Soccer Association from July 01, 2026, to June 30, 2028 Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. The City Council authorizes use of all City-owned athletic fields through a Facilities Utilization Agreement (FUA). The proposed FUA with The Grapevine-Southlake Soccer Association (GSSA) is an agreement to provide athletic fields for the athletic program from July 1, 2026, to June 30, 2028. The City of Southlake currently maintains facility use partnerships with seven different Athletic Association who must meet the qualifications for facility use partners as outlined in the newly updated Policy for Provision of Athletic Facilities. Specific changes to the Facility use agreements are specific to the recommendations made by the Recreation and Athletics Task Force regarding the Policy for Provision of Athletics Facilities and the City of Southlake Fee schedule and include the following: Per player maintenance fees adjusted to new rates. Newly amended date ranges for spring/summer and fall seasons. Expanded language regarding Athletic Association background check responsibilities and the City’s ability to audit compliance. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date – June08, 2026 Page 2 of 2 City Council will consider the proposed FUA at its meeting on June 16, 2026. Financial Considerations: The Association will pay field maintenance fees of $15.00 per resident per season, to assist the citywith offsetting a portion of the maintenance and operations costs. The Association will also pay field maintenance fees for 50% of non-Grapevine and non-Southlake residents at the approved $45.00 non- resident rate. Strategic Link: This item is linked to the City’s Strategy Map related to the Focus Areas of Partnerships & Volunteerism and Performance Management & Service Delivery and meets the Corporate Objective to Collaborate with select partners to implement service solutions. C itizen Input/ Board Review:Parks & Recreation Board consideration June08, 2026 City Council consideration June 16, 2026 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 A ttachments: Proposed Facilities Utilization Agreement with GSSA Staff Recommendation: Park Board recommendation for approval of a Facilities Utilization Agreement with Grapevine Southlake Soccer Association from July 01, 2026, to June 30, 2028 City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork CITYOFSOUTHLAKE PARKSFACILITIESUTILIZATIONAGREEMENT THESTATEOFTEXAS§ § COUNTYOFTARRANT§ ThepartiestothisAgreementaretheCityofSouthlake,Texas,hereincalled "CITY," and Grapevine Southlake Soccer Association,hereincalled"ASSOCIATION." WHEREAS,theCITYowns,operates,andmaintainscertainathleticfacilitiesfor the recreation,use,benefit,andenjoymentof itsresidentsandthegeneralpublic;and WHEREAS,the ASSOCIATION desiresto lease(or utilize)the CITY'Sathletic facilitiestoprovideayouthbaseballprograminaccordancewiththetermsand conditionsof this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenantsand agreements hereinaftercontainedandsubjecttothetermsandconditionshereinafterstated,the partiesheretodo mutuallyagreeas follows: SECTION1 SCOPEOF SERVICES The ASSOCIATION agrees to provide a recreationalsoccerprogram that adheres to the City of Southlake'sorganizationalvalues outlined in Section 9 of the Agreement. TheCITYagreestoallocatethenumberoffieldstomeetthe Association'sprogramneedsforthe required 2 yearsof the agreement through June30, 2028.Specificfieldallocationswillbe made in accordancewith the City of Southlake Policy for the Provision of Athletic Facilities,whichismadeapartof thisAgreementbyreferenceandidentified hereinas ExhibitA. SECTION 2 TERMS OFAGREEMENT ThisAgreementwillbeeffectiveonthedatesignedbytheCITY'SMayor. Thetermof thisAgreementshallbefromJuly1,2026,throughJune 30,2028. Soccershallconsistofthefollowingseasons: o SpringSeason(typicallyFebruary-June) Page 1 o o FallSeason(typicallyAugust -November) The beginningof a season is the first day the ASSOCIATIONutilizes the field(s) for coach meetings, tryouts, scrimmages, preseason games, games, clinics, camps, end of season recreational tournament, or other approved socceractivitiesfor 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. The ASSOCIATION may have up to one (1) RECREATIONAL-based Tournament per seasonat no charge,subject to scheduling approval by the CITY -current tournament requirements. The CITYwill provide minimum staffing levels as determined by the CITY in accordance with its applicable tournament procedures. If the ASSOCIATION desires additional facility usage outside of the above- listedseasons,it must rent the fields from the CITY at the City Council-approvedfield rentalrates. FieldsnotbeingutilizedbytheASSOCIATIONortheCITYwill bemade available for public or organized team rental use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY willdetermine available fields for rental use on a seasonal basis once Association allocation needs are met.Notwithstanding any other provision of this Agreement, the CITY may temporarily suspend, reassign, restrict, or close any field or facility at any time for maintenance, safety concerns, weather conditions, emergency response, City events, capital improvements, or other operational needs as determined by the CITY in its sole discretion. Minor,functional,andoperationalamendments tothisAgreement must be approved bytheDirector ofCommunityServices.Exceptasotherwiseauthorized herein, any other substantive amendments to this Agreement must be approved in writing by theCity Council following a recommendationby the Parks and Recreation Board. SECTION3 USEOFPREMISES TheASSOCIATION shall not assign this Agreement,nor shall it sublease, license,rent out, or otherwise permit third-party use ofany propertyof the CITY, without prior written consent . Onlythe CITY mayrent CITY property.All inquiriesinto 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 tocomplete someleagues, the ASSOCIATIONshall assure that an ASSOCIATION team is scheduledforeach game played on a CITY field. Page 2 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. Theconcession standatthe Bob Jones Park Soccerfields shallbe usedinaccordance with Exhibit B. SECTION 4 BACKGROUND CHECKS The ASSOCIATION acknowledges that its activities involve youth participants and agrees that participant safety is a material condition of this Agreement. The ASSOCIATION shall adopt, maintain, and enforce a written background check and child protection policy applicable to all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf of the ASSOCIATION who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information in connection with ASSOCIATION activities on CITY property or under this Agreement. covered person successfully complete a background check before the person begins any service, activity, practice, game, tournament, clinic, camp, meeting, or other ASSOCIATION activity involving minors. The background check shall be renewed at least annually and shall include, at a minimum: (1) identity verification; (2) a national criminal history search; (3) a search of applicable state and county criminal records in jurisdictions where the person has resided, worked, or volunteered during the preceding seven (7) years, to the extent commercially available; (4) a search of the National Sex Offender Public Website; (5) a search of the Texas Department of Public Safety Sex Offender Registry; and (6) any sanctioning body. The ASSOCIATION shall not permit any person to serve in any covered role if that person: (1)is required to register as a sex offender in any jurisdiction; (2) has been convicted of, received deferred adjudication for, pleaded guilty or no contest to, or is currently charged with any offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense under the laws of any jurisdiction; (3) has been prohibited by law, court order, parole condition, probation condition, or other governmental restriction from being in or near places where children commonly gather; or (4) otherwise presents a safety risk to youth participants, as determined by the ASSOCIATION in accordance with its policy. The age of participants, and the safety interests of the program. The ASSOCIATION must have a method in place for its membership, parents, and the CITY to easily identify, at all times, the persons who have passed a background check and are permitted to serve in a covered role. Page 3 The ASSOCIATION shall immediately remove a covered person from all ASSOCIATION activities on CITY property and from all activities conducted under this Agreement if the ASSOCIATION learns that the person may be disqualified under this Section, has failed to complete a required background check, has provided false or incomplete information, or is in effect unless and until the ASSOCIATION determines, in writing, that the person is eligible to serve and the CITY has been notified of the determination. Nothing in this Section restrict any person from using CITY property when the CITY determines that such action is necessary or appropriate for public safety, participant safety, operational reasons, or compliance with this Agreement. The ASSOCIATION shall maintain complete and accurate records sufficient to demonstrate background check and child protection policy; (2) the name and role of each covered person; (3) the date each background check was completed; (4) the vendor or source used to complete the background check; (5) the result of the background check, limited to whether the person was approved, denied, removed, or conditionally approved; (6) documentation of any renewal background check; (7) documentation of any disqualification, removal, appeal, or reinstatement decision; and (8) records of any training required by the ASSOCIATION, sanctioning body, or applicable law. The ASSOCIATION shall maintain such records for at least three (3) years after the end of the season in which the person last request. The ASSOCIATION shall provide the requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on- site review, as determined by the CITY. To the extent possible, the ASSOCIATION shall not numbers, or other sensitive personal information unless specifically requested by the CITY Attorney or otherwise required by law. The ASSOCIATION remains responsible for obtaining all required authorizations, releases, notices, and consents necessary to conduct background checks and to disclose compliance records to the CITY. The ASSOCIATION shall promptly notify the CITY if it becomes aware of any actual or alleged violation of this Section, any failure to complete a required background check, any disqualification or removal of a covered person based on safety-related concerns, or any allegation involving abuse, neglect, sexual misconduct, inappropriate contact with a minor, or conduct that may create a safety risk to minors. Nothing in this Agreement limits or Compliance with this Section is a material condition of this Agreement. Page 4 SECTION5 FIELDMAINTENANCEFEES TheASSOCIATIONagreestopaytheCITYaresidentfieldmaintenancefeeof $15.00perresidentplayerperseasonas stated in the City of Southlake Municipal Fee Schedule,withintwo(2)weeksafterthelast regularseasongame to help offsetthe costs for lighting and maintaining the fields in playing condition. The ASSOCIATION also agrees to pay non-resident fees of $45.00 per non-resident player per season for those players who neither reside in Southlake or Grapevine. These fees will be assessed for 50% of the non-Grapevine or non-Southlake residents. The ASSOCIATIONalsoagreesto payforanyadditionalfieldchalkanddryingagent materials that the ASSOCIATIONusesaboveand beyondwhat the CITY has allocatedfor the purchase of these materials to support the baseball program. The ASSOCIATION shall maintain complete and accurate rosters and supporting residency documentation for all participants and shall provide the same to the CITY upon request. The CITY shall have the right to verify participant counts, residency classifications, and fee calculations, and any underpayment shall be due within ten (10) business days after notice from the CITY. The parties acknowledge that FUA fees are subject to review by the CITYduring each renewal cycle to ensure alignment with City Council-approved cost recovery objectives, operational considerations, and the CITYs then-current fee structure. Any adjustment to fees for a renewal term must be approved through the applicable CITYapproval process. SECTION 6 INSURANCE The ASSOCIATION,at its ownexpense,shallobtainand keepinforceduringtheterm of this Agreement publicliability insuranceas will protectthe ASSOCIATIONand the CITY from all claimsfor damagesto 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 liabilityforinjuries sufferedby spectators and competitors intheorganized athleticactivity. Theinsurance shallprotecttheCITYfromandagainstallliabilityforclaimsarising outof or in connectionwith theASSOCIATION'suseandoccupationofthe premises andshall provide that such policy cannot be cancelled or terminated without thirty days'prior written notice tothe CITY. Allinsuranceshall beissued by acompany orcompanies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. Thetypeandminimumlimitofliabilityinsuranceareasfollows: TYPE o ComprehensiveGeneral Public Liability Page 5 MINIMUMLIMIT o$1,000,000: -Combined Single Limit Coverage ForBodilyInjury andProperty Damage.$1,000,000-OnaPerOccurrenceBasis,andMedicalPayment Coverage. All insurance policiesshall be subject to the examinationand approval of the City Attorney for Southlakefortheiradequacyas to content,protection,andnamed insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insuranceand, upon request, copies of applicable endorsements, including endorsements evidencing additional insured status and waiver of subrogation,within (10) ten days of the execution of thisAgreement or prior to the commencementofanyactivitiesbytheASSOCIATIONat theCityofSouthlake ParkFacilities,whichevereventoccursfirst.TheASSOCIATION understandsandagreesthatithasthesoleresponsibilitytoprovidethisinformation andthatfailureto timelycomplywiththerequirementsundertheArticleshallbecause forterminationof this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primaryinsuranceand notcontributewithanyotherinsuranceavailabletotheCITY under any third-partyliabilitypolicy. TheASSOCIATIONfurtheragreesthatwithrespecttotheaboverequiredinsurance, the CITYshall: Benamedasanadditionalinsuredoraninsured,asitsinterestmayappear. Be providedwitha waiverofsubrogation,initsfavor. ASSOCIATIONshall be solely responsible for any and all damage to City property, including without limitation athletic fields, synthetic turf, natural turf, facilities, fixtures, equipment, irrigation systems, fencing, lighting, parking areas, and other improvements, caused by ASSOCIATIONor its officers, employees, agents, contractors, vendors, participants, invitees, spectators, or any other person attending or participating in activities. This responsibility includes, but is not limited to, damage resulting from any violation of City rules, field-use requirements, turf restrictions, or facility policies. ASSOCIATIONshall promptly reimburse the City for all costs incurred by the City to repair, replace, clean, remediate, or restore any damaged City property, regardless of whether such damage is covered by insurance. SECTION 7 INDEMNIFICATION THEASSOCIATIONAGREESANDUNDERSTANDSTHATIT IS SPONSORINGAN ATHLETICACTIVITYTHATHASCERTAININHERENTDANGERS,ANDTHAT PERSONSPARTICIPATINGINASSOCIATIONACTIVITIESDISCUSSEDHEREIN MAYBE INJUREDON THE PREMISES.THE ASSOCIATION UNDERSTANDS THAT THECITYWILLATTEMPTTOPROVIDESAFEPREMISES,BUTTHAT CONDITIONS Page 6 MAYCHANGEORDEVELOPWHICHCREATEUNANTICIPATEDDANGERS.THE ASSOCIATIONAGREESANDREPRESENTSTHATITSHALL INSPECTTHE PREMISESATTHEBEGINNINGOFEACHSEASON,INCLUDING BUT NOT LIMITEDTO THE PLAYINGFIELDS,AND THATTHE ASSOCIATIONHAS DETERMINEDTHATSUCHPREMISESAREREASONABLYSAFEFORTHE ACTIVITIESCONTEMPLATEDBYTHEASSOCIATIONHEREUNDER.THE ASSOCIATIONFURTHERAGREESTHATATANYTIMEITSREPRESENTATIVES OBSERVEANUNSAFECONDITIONONTHEPREMISESUSEDBYTHE ASSOCIATION,INCLUDINGBUTNOTLIMITEDTOTHEPLAYINGFIELDS,THE ASSOCIATION SHALLIMMEDIATELYREPORTSUCHDANGEROUSCONDITION TOTHEDIRECTOROFCOMMUNITYSERVICES ORDESIGNEE.IFTHE DANGEROUSCONDITIONPOSESANIMMINENTDANGER,THE ASSOCIATION SHALLIMMEDIATELY DISCONTINUETHE ACTIVITYAND USEOF THATPORTION OF THE FACILITY. THEASSOCIATIONAGREESTODEFEND,INDEMNIFY,ANDHOLDHARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW,THECITYOFSOUTHLAKE,ITS AGENTS,OFFICIALSANDEMPLOYEESFROM ANYANDALLCLAIMSFOR BODILYINJURY,ILLNESS,DEATH,ECONOMIC LOSS, PERSONALINJURY, OR PROPERTYDAMAGEARISING OUT OF OF THE PREMISES ORTHE ACTIVITIESOFTHEASSOCIATIONCONTEMPLATED HEREUNDER,INCLUDINGBUTNOTLIMITEDTOANYCLAIMARISINGOUTOF ORALLEGED TOARISEOUT OFANYNEGLIGENTACTOROMISSION COMMITTEDBYASSOCIATION OFFICIALS,PLAYERS, MEMBERS,OR OFFICERS. NOTHINGCONTAINEDHEREINSHALLBECONSTRUEDTOLIMITORWAIVE ANY GOVERNMENTALORSOVEREIGNIMMUNITYOFTHECITYOFSOUTHLAKEOR ANYIMMUNITYAPPLICABLETOITSOFFICERS,AGENTS,SERVANTS,OR EMPLOYEES, NOR SHALLIT 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 THEREMAYBEA WAIVEROFIMMUNITYUNDERSTATELAWTOENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLETO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUSOR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES,ARE SPECIFICALLYWAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especiallyprovidedand agreed by and betweenthe ASSOCIATIONand the CITY that theexhibits referenced hereinorattached hereto areincorporated intothisAgreement as if set out in their entirety,said exhibits being: Page 7 Exhibit "A"- Policy for the Provision of Athletic Facilities Exhibit "B"-Concession Stand Agreement SECTION 9 TERMINATION OF AGREEMENT 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 curable. 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. 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. the background and child protection requirements found in Section 4 herein may, at -curable breach that will entitle the CITY, at its sole discretion, to immediately terminate this Agreement. SECTION 10 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. Page 8 Commitmentto Excellence:Behaving responsively in our delivery of service to thepublic.Ourworkis characterizedbyitsqualityandbythediligencewith whichitiscarriedout.Weproactivelyseektosolveproblemsinadvance. Teamwork:Recognizing the importance of working together to meet our citizens'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 11 AUDIT REQUIREMENTS Agreement at any time upon request. The ASSOCIATION shall provide requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. SECTION12 SUCCESSORSAND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrators 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. SECTION13 APPLICABLELAW This Agreement is entered into subject to the Charter and ordinancesof CITY as they may be amended from time to time, and is subjectto and is to be construed, governed and enforced under all applicable State ofTexas and Federal laws.ASSOCIATION will make anyand allreports required per Federal, State orlocallaw,including, but notlimited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income.The situsofthisAgreement isagreed tobeTarrantCounty, Texas, for all purposes,including performance and execution. Page 9 SECTION 14 SEVERABILITY If any ofthe terms, provisions, covenants, conditions or any other part ofthis 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. SECTION15 REMEDIES No right or remedy granted hereinorreservedto the partiesis exclusiveofany other right orremedyherein bylaw orequity provided orpermitted, buteach shallbecumulative of every other right or remedy given hereunder. SECTION16 ENTIREAGREEMENT This Agreementand 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 the written agreementof the parties. SECTION17 NON-WAIVER It isfurtheragreedthatone(1)ormoreinstancesofforbearancebyCITYinthe exercise of its rights herein shall in no way constitute a waiver thereof.No covenant or condition of thisAgreementmay be waived without the consentof the parties. Forbearance orindulgencebyeitherpartyshallnotconstitutea waiverofanycovenant orcondition to be performed pursuantto this Agreement. SECTION18 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. SECTION19VENUE The partiesto thisAgreementagreeand covenantthatthisAgreementwill be enforceable inthe CityofSouthlake, Texas,andthatiflegalaction isnecessary toenforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION20 NOTHIRDPARTYBENEFICIARY Page 10 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 betweenthepartiestothisAgreement,andisinnowayintendedby the partiesto benefitorotherwiseaffectanythirdpersonorentitynotwithstanding 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 bycontractoroperationoflaw,anythird personorentityfromobligationsowing by them to either CITY or ASSOCIATION. SECTION 21 GOVERNMENTALIMMUNITY ASSOCIATION understandsand agrees that CITYisaTexas home-rulemunicipality and thatbyenteringintothisAgreement,theCITYisperformingagovernmental function. Noterm or condition of the Agreement shallbe construed or interpretedas a waiver, expressor implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the ____ day of ____________. ________________.________________ Amy Shelley, TRMCby:Shawn McCaskill City SecretaryMayor, City of Southlake ________________________________ Approved as to form and legalityPresident City AttorneyGrapevine Southlake Soccer Association Page 11 M E M O R A N D U M June 02, 2026 TO: Park and Recreation Board FROM:David Miller, Director of Community Services SUBJECT: Recommendation for approval of a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association Action Requested: Park Board recommendation for approval of a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association from July 01, 2026, to June 30, 2028. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. The City Council authorizes use of all City-owned athletic fields 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 athletic program from July 1, 2026, to June 30, 2028. The City of Southlake currently maintains facility use partnerships with seven different Athletic Association who must meet the qualifications for facility use partners as outlined in the newly updated Policy for Provision of Athletic Facilities. Specific changes to the Facility use agreements are specific to the recommendations made by the Recreation and Athletics Task Force regarding the Policy for Provision of Athletics Facilities and the City of Southlake Fee schedule and include the following: Per player maintenance fees adjusted to new rates. Newly amended date ranges for spring/summer and fall seasons. Expanded language regarding Athletic Association background check responsibilities and the City’s ability to audit compliance. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date – June08, 2026 Page 2 of 2 City Council will consider the proposed FUA at itsmeeting on June 16, 2026. Financial Considerations: The Association will pay field maintenance fees of $15.00 per resident, per season and $45.00 per non-resident, per season, to assist the Citywith 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 Areas of Partnerships & Volunteerism and Performance Management & Service Delivery and meets the Corporate Objective to Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: Parks & Recreation Board consideration June 08, 2026 City Council consideration June 16, 2026 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 for approval of a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association from July 01, 2026, to June 30, 2028. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork CITYOFSOUTHLAKE PARKSFACILITIESUTILIZATIONAGREEMENT THESTATEOFTEXAS§ § COUNTYOFTARRANT§ ThepartiestothisAgreementaretheCityofSouthlake,Texas,hereincalled "CITY," and Southlake Carroll Lacrosse Association,hereincalled"ASSOCIATION." WHEREAS,theCITYowns,operates,andmaintainscertainathleticfacilitiesfor the recreation,use,benefit,andenjoymentof itsresidentsandthegeneralpublic;and WHEREAS,the ASSOCIATION desiresto lease(or utilize)the CITY'Sathletic facilitiestoprovideaboys youth and high school lacrosse programinaccordancewith thetermsand conditionsof this Agreement, NOW, THEREFORE,IN CONSIDERATIONof the covenantsand agreements hereinaftercontainedandsubjecttothetermsandconditionshereinafterstated,the partiesheretodo mutuallyagreeas follows: SECTION1 SCOPEOF SERVICES The ASSOCIATION agrees to provide a boys recreationalyouth lacrosse program that adheres to the City of Southlake'sorganizationalvalues outlined in Section 9 of the Agreement. TheCITYagreestoallocatethenumberoffieldstomeetthe Association'sprogramneedsforthe required 2 yearsof the agreement through July 1, 2028.Specificfieldallocationswillbe made in accordancewith the City of Southlake Policy for the Provision of Athletic Facilities,whichismadeapartof thisAgreementbyreferenceandidentified hereinas ExhibitA. SECTION 2 TERMS OFAGREEMENT ThisAgreementwillbeeffectiveonthedatesignedbytheCITY'SMayor. Thetermof thisAgreementshallbefromJuly1,2026,throughJune 30,2028. Lacrosseshallconsistofthefollowingseasons: o SpringSeason(typicallyFebruary-June) Page 1 o Fall Season (typically August - November) * Summer months practices are allocated based on the Park Maintenance schedule, as determined by the Park Manager, and not solely on the previous year registrations. The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach meetings, tryouts, scrimmages, preseason games, games, clinics, camps, end of season recreational tournament, or other approved lacrosse activities 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. The ASSOCIATION may have up to one (1) RECREATIONAL-based Tournament per season at no charge, subject to scheduling approval by the CITY and compliance with -current tournament requirements. The CITY will provide minimum staffing levels as determined by the CITY in accordance with its applicable tournament procedures. 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. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public or organized team rental use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will determine available fields for rental use on a seasonal basis once Association allocation needs are met. Notwithstanding any other provision of this Agreement, the CITY may temporarily suspend, reassign, restrict, or close any field or facility at any time for maintenance, safety concerns, weather conditions, emergency response, City events, capital improvements, or other operational needs as determined by the CITY in its sole discretion. 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 Agreement, nor shall it sublease, license, rent out, or otherwise permit third-party use of any property of the CITY, without prior written consent . 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 Page 2 necessity of inter-league play in order tocomplete someleagues, the ASSOCIATIONshall assure that an ASSOCIATION team is scheduledforeach 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 BACKGROUND CHECKS The ASSOCIATION acknowledges that its activities involve youth participants and agrees that participant safety is a material condition of this Agreement. The ASSOCIATION shall adopt, maintain, and enforce a written background check and child protection policy applicable to all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf of the ASSOCIATION who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information in connection with ASSOCIATION activities on CITY property or under this Agreement. covered person successfully complete a background check before the person begins any service, activity, practice, game, tournament, clinic, camp, meeting, or other ASSOCIATION activity involving minors. The background check shall be renewed at least annually and shall include, at a minimum: (1) identity verification; (2) a national criminal history search; (3) a search of applicable state and county criminal records in jurisdictions where the person has resided, worked, or volunteered during the preceding seven (7) years, to the extent commercially available; (4) a search of the National Sex Offender Public Website; (5) a search of the Texas Department of Public Safety Sex Offender Registry; and (6) any sanctioning body. The ASSOCIATION shall not permit any person to serve in any covered role if that person: (1) is required to register as a sex offender in any jurisdiction; (2) has been convicted of, received deferred adjudication for, pleaded guilty or no contest to, or is currently charged with any offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense under the laws of any jurisdiction; (3) has been prohibited by law, court order, parole condition, probation condition, or other governmental restriction from being in or near places where children commonly gather; or (4) otherwise presents a safety risk to youth participants, as determined by the ASSOCIATION in accordance with its policy. The age of participants, and the safety interests of the program. The ASSOCIATION must have a method in place for its membership, parents, and the CITY to easily identify, at all times, the persons who have passed a background check and are permitted to Page 3 serve in a covered role. The ASSOCIATION shall immediately remove a covered person from all ASSOCIATION activities on CITY property and from all activities conducted under this Agreement if the ASSOCIATION learns that the person may be disqualified under this Section, has failed to complete a required background check, has provided false or incomplete information, or is in effect unless and until the ASSOCIATION determines, in writing, that the person is eligible to serve and the CITY has been notified of the determination. Nothing in this Section restrict any person from using CITY property when the CITY determines that such action is necessary or appropriate for public safety, participant safety, operational reasons, or compliance with this Agreement. The ASSOCIATION shall maintain complete and accurate records sufficient to demonstrate background check and child protection policy; (2) the name and role of each covered person; (3) the date each background check was completed; (4) the vendor or source used to complete the background check; (5) the result of the background check, limited to whether the person was approved, denied, removed, or conditionally approved; (6) documentation of any renewal background check; (7) documentation of any disqualification, removal, appeal, or reinstatement decision; and (8) records of any training required by the ASSOCIATION, sanctioning body, or applicable law. The ASSOCIATION shall maintain such records for at least three (3) years after the end of the season in which the person last request. The ASSOCIATION shall provide the requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on- site review, as determined by the CITY. To the extent possible, the ASSOCIATION shall not numbers, or other sensitive personal information unless specifically requested by the CITY Attorney or otherwise required by law. The ASSOCIATION remains responsible for obtaining all required authorizations, releases, notices, and consents necessary to conduct background checks and to disclose compliance records to the CITY. The ASSOCIATION shall promptly notify the CITY if it becomes aware of any actual or alleged violation of this Section, any failure to complete a required background check, any disqualification or removal of a covered person based on safety-related concerns, or any allegation involving abuse, neglect, sexual misconduct, inappropriate contact with a minor, or conduct that may create a safety risk to minors. Nothing in this Agreement limits or Compliance with this Section is a material condition of this Agreement. Page 4 SECTION5 FIELDMAINTENANCEFEES TheASSOCIATIONagreestopaytheCITYaresidentfieldmaintenancefeeof $15.00perresidentplayerperseasonand a non-resident field maintenance fee of $45.00 per non-resident playeras stated in the City of Southlake Municipal Fee Schedule, withintwo(2)weeksafterthelast regularseasongame to help offsetthe 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. The ASSOCIATIONalsoagreesto payforanyadditionalfieldchalkanddryingagent materials that the ASSOCIATIONusesaboveand beyondwhat the CITY has allocatedfor the purchase of these materials to support the baseball program. The ASSOCIATION shall maintain complete and accurate rosters and supporting residency documentation for all participants and shall provide the same to the CITY upon request. The CITY shall have the right to verify participant counts, residency classifications, and fee calculations, and any underpayment shall be due within ten (10) business days after notice from the CITY. The parties acknowledge that FUA fees are subject to review by the CITYduring each renewal cycle to ensure alignment with City Council-approved cost recovery objectives, operational considerations, and the CITY-current fee structure. Any adjustment to fees for a renewal term must be approved through the applicable CITYapproval process. SECTION 6 INSURANCE The ASSOCIATION,at its ownexpense,shallobtainand keepinforceduringtheterm of this Agreement publicliability insuranceas will protectthe ASSOCIATIONand the CITY from all claimsfor damagesto 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 liabilityforinjuries sufferedby spectators and competitors intheorganized athleticactivity. Theinsurance shallprotecttheCITYfromandagainstallliabilityforclaimsarising outof or in connectionwith theASSOCIATION'suseandoccupationofthe premises andshall provide that such policy cannot be cancelled or terminated without thirty days'prior written notice tothe CITY. Allinsuranceshall beissued by acompany orcompanies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. Thetypeandminimumlimitofliabilityinsuranceareasfollows: TYPE o ComprehensiveGeneral Public Liability Page 5 MINIMUMLIMIT o$1,000,000: -Combined Single Limit Coverage ForBodilyInjury andProperty Damage.$1,000,000-OnaPerOccurrenceBasis,andMedicalPayment Coverage. All insurance policiesshall be subject to the examinationand approval of the City Attorney for Southlakefortheiradequacyas to content,protection,andnamed insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insuranceand, upon request, copies of applicable endorsements, including endorsements evidencing additional insured status and waiver of subrogation,within (10) ten days of the execution of thisAgreement or prior to the commencementofanyactivitiesbytheASSOCIATIONat theCityofSouthlake ParkFacilities,whichevereventoccursfirst.TheASSOCIATION understandsandagreesthatithasthesoleresponsibilitytoprovidethisinformation andthatfailureto timelycomplywiththerequirementsundertheArticleshallbecause forterminationof this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primaryinsuranceand notcontributewithanyotherinsuranceavailabletotheCITY under any third-partyliabilitypolicy. TheASSOCIATIONfurtheragreesthatwithrespecttotheaboverequiredinsurance, the CITYshall: Benamedasanadditionalinsuredoraninsured,asitsinterestmayappear. Be providedwitha waiverofsubrogation,initsfavor. ASSOCIATIONshall be solely responsible for any and all damage to City property, including without limitation athletic fields, synthetic turf, natural turf, facilities, fixtures, equipment, irrigation systems, fencing, lighting, parking areas, and other improvements, caused by ASSOCIATIONor its officers, employees, agents, contractors, vendors, participants, invitees, spectators, or any other person attending or participating in activities. This responsibility includes, but is not limited to, damage resulting from any violation of City rules, field-use requirements, turf restrictions, or facility policies. ASSOCIATIONshall promptly reimburse the City for all costs incurred by the City to repair, replace, clean, remediate, or restore any damaged City property, regardless of whether such damage is covered by insurance. SECTION 7 INDEMNIFICATION THEASSOCIATIONAGREESANDUNDERSTANDSTHATIT IS SPONSORINGAN ATHLETICACTIVITYTHATHASCERTAININHERENTDANGERS,ANDTHAT PERSONSPARTICIPATINGINASSOCIATIONACTIVITIESDISCUSSEDHEREIN MAYBE INJUREDON THE PREMISES.THE ASSOCIATION UNDERSTANDS THAT THECITYWILLATTEMPTTOPROVIDESAFEPREMISES,BUTTHAT CONDITIONS MAYCHANGEORDEVELOPWHICHCREATEUNANTICIPATEDDANGERS.THE Page 6 ASSOCIATIONAGREESANDREPRESENTSTHATITSHALL INSPECTTHE PREMISESATTHEBEGINNINGOFEACHSEASON,INCLUDING BUT NOT LIMITEDTO THE PLAYINGFIELDS,AND THATTHE ASSOCIATIONHAS DETERMINEDTHATSUCHPREMISESAREREASONABLYSAFEFORTHE ACTIVITIESCONTEMPLATEDBYTHEASSOCIATIONHEREUNDER.THE ASSOCIATIONFURTHERAGREESTHATATANYTIMEITSREPRESENTATIVES OBSERVEANUNSAFECONDITIONONTHEPREMISESUSEDBYTHE ASSOCIATION,INCLUDINGBUTNOTLIMITEDTOTHEPLAYINGFIELDS,THE ASSOCIATION SHALLIMMEDIATELYREPORTSUCHDANGEROUSCONDITION TOTHEDIRECTOROFCOMMUNITYSERVICES ORDESIGNEE.IFTHE DANGEROUSCONDITIONPOSESANIMMINENTDANGER,THE ASSOCIATION SHALLIMMEDIATELY DISCONTINUETHE ACTIVITYAND USEOF THATPORTION OF THE FACILITY. THEASSOCIATIONAGREESTODEFEND,INDEMNIFY,ANDHOLDHARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW,THECITYOFSOUTHLAKE,ITS AGENTS,OFFICIALSANDEMPLOYEESFROM ANYANDALLCLAIMSFOR BODILYINJURY,ILLNESS,DEATH,ECONOMIC LOSS, PERSONALINJURY, OR PROPERTYDAMAGEARISING OUT OF OF THE PREMISES ORTHE ACTIVITIESOFTHEASSOCIATIONCONTEMPLATED HEREUNDER,INCLUDINGBUTNOTLIMITEDTOANYCLAIMARISINGOUTOF ORALLEGED TOARISEOUT OFANYNEGLIGENTACTOROMISSION COMMITTEDBYASSOCIATION OFFICIALS,PLAYERS, MEMBERS,OR OFFICERS. NOTHINGCONTAINEDHEREINSHALLBECONSTRUEDTOLIMITORWAIVE ANY GOVERNMENTALORSOVEREIGNIMMUNITYOFTHECITYOFSOUTHLAKEOR ANYIMMUNITYAPPLICABLETOITSOFFICERS,AGENTS,SERVANTS,OR EMPLOYEES, NOR SHALLIT 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 THEREMAYBEA WAIVEROFIMMUNITYUNDERSTATELAWTOENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLETO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUSOR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES,ARE SPECIFICALLYWAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especiallyprovidedand agreed by and betweenthe ASSOCIATIONand the CITY that theexhibits referenced hereinorattached hereto areincorporated intothisAgreement as if set out in their entirety,said exhibits being: Exhibit"A"-PolicyfortheProvisionofAthleticFacilities Page 7 Exhibit"B"-ConcessionStandAgreement SECTION 9 TERMINATION OF AGREEMENT CITYor ASSOCIATIONshallnotifytheother partyinwritingof a breachof any term of this Agreementand allowten (10)days to cure the breach, if the breach is curable.If the breachis notcured aftertheexpiration often(10) days, thenthe non-breachingpartymayterminate thisAgreementupontheexpirationof30days fromthedateoftheoriginal written notice of breach without further notification to the breachingparty. In addition to any other provision or remedy of this Agreement, the CITY may keepa recordof violationsof anytermof thisAgreement,theCityof Southlake Values, or any of the associated Exhibits.The failure of the City to notify ASSOCIATION of any such violation(s)shallnot bedeemeda waiverof anyother rightor remedyof theCITY.Incase of three or more violations, the CITY'S Department of Community Services may schedulea meeting with ASSOCIATIONto review the violationsand 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-currentseason. the background and child protection requirements found in Section 4 herein may, at -curable breach that will entitle the CITY, at its sole discretion, to immediately terminate this Agreement. SECTION 10 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principlesthat 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:Beingworthyofthepublic'strustinallthings.Wedealhonestly 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. Page 8 Commitmentto Excellence:Behaving responsively in our delivery of service to thepublic.Ourworkis characterizedbyitsqualityandbythediligencewith whichitiscarriedout.Weproactivelyseektosolveproblemsinadvance. Teamwork:Recognizing the importance of working together to meet our citizens'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 11 AUDIT REQUIREMENTS Agreement at any time upon request. The ASSOCIATION shall provide requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. SECTION12 SUCCESSORSAND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrators 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. SECTION13 APPLICABLELAW This Agreement is entered into subject to the Charter and ordinancesof CITY as they may be amended from time to time, and is subjectto and is to be construed, governed and enforced under all applicable State ofTexas and Federal laws.ASSOCIATION will make anyand allreports required per Federal, State orlocallaw,including, but notlimited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income.The situsofthisAgreement isagreed tobeTarrantCounty, Texas, for all purposes,including performance and execution. SECTION 14 Page 9 SEVERABILITY If any ofthe terms, provisions, covenants, conditions or any other part ofthis 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. SECTION15 REMEDIES No right or remedy granted hereinorreservedto the partiesis exclusiveofany other right orremedyherein bylaw orequity provided orpermitted, buteach shallbecumulative of every other right or remedy given hereunder. SECTION16 ENTIREAGREEMENT 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 the written agreementof the parties. SECTION17 NON-WAIVER It isfurtheragreedthatone(1)ormoreinstancesofforbearancebyCITYinthe exercise of its rights herein shall in no way constitute a waiver thereof.No covenant or condition of thisAgreementmay be waived without the consentof the parties. Forbearance orindulgencebyeitherpartyshallnotconstitutea waiverofanycovenant orcondition to be performed pursuantto this Agreement. SECTION18 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. SECTION19VENUE The partiesto thisAgreementagreeand covenantthatthisAgreementwill be enforceable inthe CityofSouthlake, Texas,andthatiflegalaction isnecessary toenforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION20 NOTHIRDPARTYBENEFICIARY Page 10 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 betweenthepartiestothisAgreement,andisinnowayintendedby the partiesto benefitorotherwiseaffectanythirdpersonorentitynotwithstanding 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 bycontractoroperationoflaw,anythird personorentityfromobligationsowing by them to either CITY or ASSOCIATION. SECTION 21 GOVERNMENTALIMMUNITY ASSOCIATION understandsand agrees that CITYisaTexas home-rulemunicipality and thatbyenteringintothisAgreement,theCITYisperformingagovernmental function. Noterm or condition of the Agreement shallbe construed or interpretedas a waiver, expressor implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the ____ day of ____________. ________________.________________ Amy Shelley, TRMCby:Shawn McCaskill City SecretaryMayor, City of Southlake ________________________________ Approved as to form and legalityPresident City AttorneySouthlake Carroll Lacrosse Association Page 11 M E M O R A N D U M June 02, 2026 TO: Park and Recreation Board FROM:David Miller, Director of Community Services SUBJECT: Recommendation for approval of a Facilities Utilization Agreement with Lady Dragon Lacrosse Action Requested: Park Board recommendation for approval of a Facilities Utilization Agreement with Lady Dragon Lacrosse from July 01, 2026, to June 30, 2028 Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. The City Council authorizes use of all City-owned athletic fields through a Facilities Utilization Agreement (FUA). The proposed FUA with Lady Dragon Lacrosse (LDL) is an agreement to provide athletic fields for the athletic program from July1, 2026, to June 30, 2028. The City of Southlake currently maintains facility use partnerships with seven different Athletic Association who must meet the qualifications for facility use partners as outlined in the newly updated Policy for Provision of Athletic Facilities. Specific changes to the Facility use agreements are specific to the recommendations made by the Recreation and Athletics Task Force regarding the Policy for Provision of Athletics Facilities and the City of Southlake Fee schedule and include the following: Per player maintenance fees adjusted to new rates. Newly amended date ranges for spring/summer and fall seasons. Expanded language regarding Athletic Association background check responsibilities and the City’s ability to audit compliance. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date – June08, 2026 Page 2 of 2 City Council will consider the proposed FUA at itsmeeting on June 16, 2026. Fina ncial Considerations:The Association will pay field maintenance fees of $15.00 per resident per season and $45.00 per non-resident per season, to assist the City with offsetting a portion of the maintenance and operations costs. rategic Link: This item is linked to the City’s Strategy Map related to the St Focus Areas of Partnerships & Volunteerism and Performance Management & Service Delivery and meets the Corporate Objective to Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: Parks & Recreation Board consideration June 08, 2026 City Council consideration June 16, 2026 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 for approval of a Facilities Utilization Agreement with Lady Dragon Lacrosse from July 01, 2026, to June30, 2028 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 Dragon 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 The ASSOCIATION agrees to provide a recreational youth lacrosse program that adheres to the City of Southlake's organizational values outlined in Section 9 of the Agreement. The CITY agrees to allocate the number of fields to meet the Association's program needs for the required 2 years of the agreement through June 30, 2028. 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 This Agreement will be effective on the date signed by the CITY'S Mayor. The term of this Agreement shall be from July 1, 2026, through June 30, 2028. Lacrosse shall consist of the following seasons: o Spring Season (typically February - June) Page 1 o Fall Season (typically August - November) *Summer month practices are allocated based on Park Maintenance schedule (per Park Manager) and not previous year registrations. The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach meetings, tryouts, scrimmages, preseason games, games, clinics, camps, end of season recreational tournament, or other approved lacrosse activities 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. The ASSOCIATION may have up to one (1) RECREATIONAL-based Tournament per season at no charge, subject to scheduling approval by the CITY -current tournament requirements. The CITY will provide minimum staffing levels as determined by the CITY in accordance with its applicable tournament procedures. 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. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public or organized team rental use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will determine available fields for rental use on a seasonal basis once Association allocation needs are met. Notwithstanding any other provision of this Agreement, the CITY may temporarily suspend, reassign, restrict, or close any field or facility at any time for maintenance, safety concerns, weather conditions, emergency response, City events, capital improvements, or other operational needs as determined by the CITY in its sole discretion. 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 Agreement, nor shall it sublease, license, rent out, or otherwise permit third-party use of any property of the CITY, without prior written consent . 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. Page 2 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 BACKGROUND CHECKS The ASSOCIATION acknowledges that its activities involve youth participants and agrees that participant safety is a material condition of this Agreement. The ASSOCIATION shall adopt, maintain, and enforce a written background check and child protection policy applicable to all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf of the ASSOCIATION who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information in connection with ASSOCIATION activities on CITY property or under this Agreement. covered person successfully complete a background check before the person begins any service, activity, practice, game, tournament, clinic, camp, meeting, or other ASSOCIATION activity involving minors. The background check shall be renewed at least annually and shall include, at a minimum: (1) identity verification; (2) a national criminal history search; (3) a search of applicable state and county criminal records in jurisdictions where the person has resided, worked, or volunteered during the preceding seven (7) years, to the extent commercially available; (4) a search of the National Sex Offender Public Website; (5) a search of the Texas Department of Public Safety Sex Offender Registry; and (6) any sanctioning body. The ASSOCIATION shall not permit any person to serve in any covered role if that person: (1)is required to register as a sex offender in any jurisdiction; (2) has been convicted of, received deferred adjudication for, pleaded guilty or no contest to, or is currently charged with any offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense under the laws of any jurisdiction; (3) has been prohibited by law, court order, parole condition, probation condition, or other governmental restriction from being in or near places where children commonly gather; or (4) otherwise presents a safety risk to youth participants, as determined by the ASSOCIATION in accordance with its policy. The age of participants, and the safety interests of the program. The ASSOCIATION must have a method in place for its membership, parents, and the CITY to easily identify, at all times, the persons who have passed a background check and are permitted to serve in a covered role. Page 3 The ASSOCIATION shall immediately remove a covered person from all ASSOCIATION activities on CITY property and from all activities conducted under this Agreement if the ASSOCIATION learns that the person may be disqualified under this Section, has failed to complete a required background check, has provided false or incomplete information, or is in effect unless and until the ASSOCIATION determines, in writing, that the person is eligible to serve and the CITY has been notified of the determination. Nothing in this Section restrict any person from using CITY property when the CITY determines that such action is necessary or appropriate for public safety, participant safety, operational reasons, or compliance with this Agreement. The ASSOCIATION shall maintain complete and accurate records sufficient to demonstrate background check and child protection policy; (2) the name and role of each covered person; (3) the date each background check was completed; (4) the vendor or source used to complete the background check; (5) the result of the background check, limited to whether the person was approved, denied, removed, or conditionally approved; (6) documentation of any renewal background check; (7) documentation of any disqualification, removal, appeal, or reinstatement decision; and (8) records of any training required by the ASSOCIATION, sanctioning body, or applicable law. The ASSOCIATION shall maintain such records for at least three (3) years after the end of the season in which the person last request. The ASSOCIATION shall provide the requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on- site review, as determined by the CITY. To the extent possible, the ASSOCIATION shall not numbers, or other sensitive personal information unless specifically requested by the CITY Attorney or otherwise required by law. The ASSOCIATION remains responsible for obtaining all required authorizations, releases, notices, and consents necessary to conduct background checks and to disclose compliance records to the CITY. The ASSOCIATION shall promptly notify the CITY if it becomes aware of any actual or alleged violation of this Section, any failure to complete a required background check, any disqualification or removal of a covered person based on safety-related concerns, or any allegation involving abuse, neglect, sexual misconduct, inappropriate contact with a minor, or conduct that may create a safety risk to minors. Nothing in this Agreement limits or Compliance with this Section is a material condition of this Agreement. SECTION 5 Page 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $15.00 per resident player per season, and a non-resident field maintenance fee of $45.00 per non-resident player per season as stated in the City of Southlake Municipal Fee Schedule, within two (2) weeks after the last regular season game to help offset 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, including "select" players. The ASSOCIATION also agrees to pay for any additional field chalk and drying agent materials that the ASSOCIATION uses above and beyond what the CITY has allocated for the purchase of these materials to support the baseball program. The ASSOCIATION shall maintain complete and accurate rosters and supporting residency documentation for all participants and shall provide the same to the CITY upon request. The CITY shall have the right to verify participant counts, residency classifications, and fee calculations, and any underpayment shall be due within ten (10) business days after notice from the CITY. The parties acknowledge that FUA fees are subject to review by the CITY during each renewal cycle to ensure alignment with City Council-approved cost recovery objectives, operational considerations, and the CITY-current fee structure. Any adjustment to fees for a renewal term must be approved through the applicable CITY approval process. SECTION 6 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 are as follows: TYPE o Comprehensive General Public Liability Page 5 MINIMUM LIMIT o$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 and, upon request, copies of applicable endorsements, including endorsements evidencing additional insured status and waiver of subrogation, 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 contribute 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: Be named as an additional insured or an insured, as its interest may appear. Be provided with a waiver of subrogation, in its favor. ASSOCIATION shall be solely responsible for any and all damage to City property, including without limitation athletic fields, synthetic turf, natural turf, facilities, fixtures, equipment, irrigation systems, fencing, lighting, parking areas, and other improvements, caused by ASSOCIATION or its officers, employees, agents, contractors, vendors, participants, invitees, spectators, or any other person attending or participating in activities. This responsibility includes, but is not limited to, damage resulting from any violation of City rules, field-use requirements, turf restrictions, or facility policies. ASSOCIATION shall promptly reimburse the City for all costs incurred by the City to repair, replace, clean, remediate, or restore any damaged City property, regardless of whether such damage is covered by insurance. SECTION 7 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAININHERENT 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 Page 6 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, TO THE FULLEST EXTENT PERMITTED BY LAW, 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 OF THE PREMISES OR 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 Page 7 Exhibit "B"-Concession Stand Agreement SECTION 9 TERMINATION OF AGREEMENT 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 curable. 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. 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. the background and child protection requirements found in Section 4 herein may, at -curable breach that will entitle the CITY, at its sole discretion, to immediately terminate this Agreement. SECTION 10 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. Page 8 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 citizens' 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 11 AUDIT REQUIREMENTS Agreement at any time upon request. The ASSOCIATION shall provide requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. SECTION 12 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrators 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 13 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. The situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes, including performance and execution. SECTION 14 Page 9 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 15 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 16 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 the written agreement of the parties. SECTION 17 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 the consentof 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 18 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 19 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 20 NO THIRD PARTY BENEFICIARY Page 10 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 21 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 sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the ____ day of ____________. ________________. ________________ Amy Shelley, TRMC by: Shawn McCaskill City Secretary Mayor, City of Southlake ________________ ________________ Approved as to form and legality President City Attorney Lady Dragons Lacrosse Page 11 M E M O R A N D U M June 08, 2026 TO: Parks and Recreation Board FROM:David Miller, Director of Community Services SUBJECT: Recommendation for approval of a Facilities Utilization Agreement with Dragon Youth Baseball Action Requested: Park Board recommendation for approval of a Facilities Utilization Agreement with Dragon Youth Baseball from July 1, 2026,to June 30, 2028 Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. The City Council authorizes use of all City-owned athletic fields through a Facilities Utilization Agreement (FUA). The proposed FUA with Dragon Youth Baseball (DYB) is an agreement to provide athletic fields for the athletic program from July1, 2026, to June 30, 2028. The City of Southlake currently maintains facility use partnerships with seven different Athletic Association who must meet the qualifications for facility use partners as outlined in the newly updated Policy for Provision of Athletic Facilities. Specific changes to the Facility use agreements are specific to the recommendations made by the Recreation and Athletics Task Force regarding the Policy for Provision of Athletics Facilities and the City of Southlake Fee schedule and include the following: Per player maintenance fees adjusted to new rates. Newly amended date ranges for spring/summer and fall seasons. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Park and Recreation Board Meeting Date – June 08, 2026 Page 2 of 2 Expanded language regarding Athletic Association background check responsibilities and the City’s ability to audit compliance. City Council will consider the proposed FUA at its meeting on June 16, 2026. Financial Considerations: The Association will pay field maintenance fees of $15.00 per resident per season and $45.00 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 Areas of Partnerships & Volunteerism and Performance Management & Service Delivery, and meets the Corporate Objective to Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: Parks & RecreationBoard consideration June 08, 2026 Ci ty Council consideration June 16, 2026 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 UtilizationAgreement withDYB Staff Recommendation: Park Board recommendation for approval of a Facilities Utilization Agreement with Dragon Youth Baseball from July 01,2026, to June 30, 2028. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork CITYOFSOUTHLAKE PARKSFACILITIESUTILIZATIONAGREEMENT THESTATEOFTEXAS§ § COUNTYOFTARRANT§ ThepartiestothisAgreementaretheCityofSouthlake,Texas,hereincalled "CITY," and Dragon Youth Baseball,hereincalled"ASSOCIATION." WHEREAS,theCITYowns,operates,andmaintainscertainathleticfacilitiesfor the recreation,use,benefit,andenjoymentof itsresidentsandthegeneralpublic;and WHEREAS,the ASSOCIATION desiresto lease(or utilize)the CITY'Sathletic facilitiestoprovideayouthbaseballprograminaccordancewiththetermsand conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenantsand agreements hereinaftercontainedandsubjecttothetermsandconditionshereinafterstated,the partiesheretodo mutuallyagreeas follows: SECTION1 SCOPEOF SERVICES The ASSOCIATION agrees to provide a recreationalyouth baseballprogram that adheres to the City of Southlake'sorganizationalvalues outlined in Section 9 of the Agreement. TheCITYagreestoallocatethenumberoffieldstomeetthe Association's programneedsforthe required 2 yearsof the agreement through June30, 2028. Specificfieldallocationswillbe made in accordancewith the City of Southlake Policy for the Provision of Athletic Facilities,whichismadeapartofthisAgreementby referenceandidentified hereinas ExhibitA. SECTION 2 TERMS OFAGREEMENT ThisAgreementwillbeeffectiveonthedatesignedbytheCITY'SMayor. Thetermof thisAgreementshallbefromJuly1,2026,throughJune 30,2028. Baseballshallconsistofthefollowingseasons: o Spring/ Summer Season(typicallyFebruary-June) Page 1 o FallSeason(typicallyAugust -November) *Summermonthspracticesareallocatedbasedonthe ParkMaintenance schedule,as determined by the ParkManager,andnotsolely on the previous year registrations. The beginningof a season is the first day the ASSOCIATIONutilizes the field(s) for coach meetings, tryouts, scrimmages, preseason games, games, clinics, camps, end of season recreational tournament, or other approved baseballactivitiesfor 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. The ASSOCIATION may have up to one (1) RECREATIONAL-based Tournament per seasonat no charge,subject to scheduling approval by the CITY and -current tournament requirements. The CITYwill provide minimum staffing levels as determined by the CITY in accordance with its applicable tournament procedures. 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-approvedfield rental rates. FieldsnotbeingutilizedbytheASSOCIATIONortheCITYwill bemade available for public or organized team rental use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY willdetermine available fields for rental use on a seasonal basis once Association allocation needs are met.Notwithstanding any other provision of this Agreement, the CITY may temporarily suspend, reassign, restrict, or close any field or facility at any time for maintenance, safety concerns, weather conditions, emergency response, City events, capital improvements, or other operational needs as determined by the CITY inits sole discretion. Minor,functional,andoperationalamendments tothisAgreement must be approved bytheDirector ofCommunityServices.Exceptasotherwiseauthorized herein, any other substantive amendments to this Agreement must be approved in writing by theCity Council following a recommendationby the Parks and Recreation Board. SECTION3 USEOFPREMISES The ASSOCIATION shall not assign this Agreement,nor shall it sublease, license,rent out, or otherwise permit third-party use ofany propertyof the CITY, without prior written consent . Onlythe CITY mayrent CITY property.All inquiriesinto field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817)748-8019.Due to the necessity Page 2 of inter-league play in order tocomplete someleagues, the ASSOCIATIONshall assure that an ASSOCIATION team is scheduledforeach 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.The concession standatthe Bicentennial Park Baseballfields shallbe usedinaccordance with Exhibit B. SECTION 4 BACKGROUND CHECKS The ASSOCIATION acknowledges that its activities involve youth participants and agrees that participant safety is a material condition of this Agreement. The ASSOCIATION shall adopt, maintain, and enforce a written background check and child protection policy applicable to all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf of the ASSOCIATION who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information in connection with ASSOCIATION activities on CITY property or under this Agreement. hat each covered person successfully complete a background check before the person begins any service, activity, practice, game, tournament, clinic, camp, meeting, or other ASSOCIATION activity involving minors. The background check shall be renewed at least annually and shall include, at a minimum: (1) identity verification; (2) a national criminal history search; (3) a search of applicable state and county criminal records in jurisdictions where the person has resided, worked, or volunteered during the preceding seven (7) years, to the extent commercially available; (4) a search of the National Sex Offender Public Website; (5) a search of the Texas Department of Public Safety Sex Offender Registry; and (6) any additional screening required by the ASSOCIATI The ASSOCIATION shall not permit any person to serve in any covered role if that person: (1)is required to register as a sex offender in any jurisdiction; (2) has been convicted of, received deferred adjudication for, pleaded guilty or no contest to, or is currently charged with any offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense under the laws of any jurisdiction; (3) has been prohibited by law, court order, parole condition, probation condition, or other governmental restriction from being in or near places where children commonly gather; or (4) otherwise presents a safety risk to youth participants, as determined identify additional offenses or conduct that may disqualify a person based on the nature of the interests of the program. The ASSOCIATION must have a method in place for its membership, parents, and the CITY to easily identify, at all times, the persons who have passed a background check and are permitted to serve in Page 3 a covered role. The ASSOCIATION shall immediately remove a covered person from all ASSOCIATION activities on CITY property and from all activities conducted under this Agreement if the ASSOCIATION learns that the person may be disqualified under this Section, has failed to complete a required background check, has provided false or incomplete information, or is effect unless and until the ASSOCIATION determines, in writing, that the person is eligible to serve and the CITY has been notified of the determination. Nothing in this Section requires person from using CITY property when the CITY determines that such action is necessary or appropriate for public safety, participant safety, operational reasons, or compliance with this Agreement. The ASSOCIATION shall maintain complete and accurate records sufficient to demonstrate c background check and child protection policy; (2) the name and role of each covered person; (3)the date each background check was completed; (4) the vendor or sourceused to complete the background check; (5) the result of the background check, limited to whether the person was approved, denied, removed, or conditionally approved; (6) documentation of any renewal background check; (7) documentation of any disqualification, removal, appeal, or reinstatement decision; and (8) records of any training required by the ASSOCIATION, sanctioning body, or applicable law. The ASSOCIATION shall maintain such records for at least three (3) years after the end of the season in which the person last served, or longer if request. The ASSOCIATION shall provide the requested records withinfive (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. To the extent possible, the ASSOCIATION shall not provide full other sensitive personal information unless specifically requested by the CITY Attorney or otherwise required by law. The ASSOCIATION remains responsible for obtaining all required authorizations, releases, notices, and consents necessary to conduct background checks and to disclose compliance records to the CITY. The ASSOCIATION shall promptly notify the CITY if it becomes aware of any actual or alleged violation of this Section, any failure to complete a required background check, any disqualification or removal of a covered person based on safety-related concerns, or any allegation involving abuse, neglect, sexual misconduct, inappropriate contact with a minor, or conduct that may create a safety risk to minors. Nothing in this Agreement limits or modifies ected abuse or neglect as required by Texas law. Compliance with this Section is a material condition of this Agreement. Page 4 SECTION5 FIELDMAINTENANCEFEES TheASSOCIATIONagreestopaytheCITYaresidentfieldmaintenancefeeof $15.00perresidentplayerperseason,andanon-residentfieldmaintenancefeeof $45.00pernon-residentplayerperseasonas noted in the City of Southlake Municipal Fee Schedule,withintwo(2)weeksafterthelast regularseasongame to help offsetthe costs for lighting and maintaining the fields in playing condition. The fee must be paid for all playersutilizing CITYfields,regardless of the level or division of play, including "select" players. The ASSOCIATIONalsoagreesto payforanyadditionalfieldchalkanddryingagent materials that the ASSOCIATIONusesaboveand beyondwhat the CITY has allocatedfor the purchase of these materials to support the baseball program. The ASSOCIATION shall maintain complete and accurate rosters and supporting residency documentation for all participants and shall provide the same to the CITY upon request. The CITY shall have the right to verify participant counts, residency classifications, and fee calculations, and any underpayment shall be due within ten (10) business days after notice from the CITY. The parties acknowledge that FUA fees are subject to review by the CITYduring each renewal cycle to ensure alignment with City Council-approved cost recovery objectives, operational considerations, and the CITY-current fee structure. Any adjustment to fees for a renewal term must be approved through the applicable CITYapproval process. SECTION 6 INSURANCE The ASSOCIATION,at its ownexpense,shallobtainand keepinforceduringtheterm of this Agreement publicliability insuranceas will protectthe ASSOCIATIONand the CITY from all claimsfor damagesto 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 liabilityforinjuries sufferedby spectators and competitors intheorganized athleticactivity. Theinsuranceshall protecttheCITYfromandagainstallliabilityforclaimsarising outof or in connection with theASSOCIATION'suseandoccupationofthe premises andshall provide that such policy cannot be cancelled or terminated without thirty days'prior written notice tothe CITY. Allinsuranceshall beissued by acompany orcompanies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. Thetypeandminimumlimitofliabilityinsuranceareasfollows: TYPE o ComprehensiveGeneral Public Liability Page 5 MINIMUMLIMIT o$1,000,000: -Combined Single Limit Coverage ForBodilyInjury andProperty Damage.$1,000,000-OnaPerOccurrenceBasis,andMedicalPaymentCoverage. All insurance policiesshall be subject to the examinationand approval of the City Attorney for Southlakefortheiradequacyas to content,protection,andnamed insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insuranceand,upon request, copies of applicable endorsements, including endorsements evidencing additional insured status and waiver of subrogation,within (10) ten days of the execution of thisAgreement or prior to the commencementofanyactivitiesbytheASSOCIATIONattheCityof Southlake ParkFacilities,whichevereventoccursfirst.TheASSOCIATIONunderstands andagreesthatithasthesoleresponsibilitytoprovidethisinformationandthatfailure to timelycomplywiththerequirementsundertheArticleshallbecausefortermination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primaryinsuranceand notcontributewithanyotherinsuranceavailabletotheCITY under any third-partyliabilitypolicy. TheASSOCIATIONfurtheragreesthatwithrespecttotheaboverequiredinsurance, the CITYshall: Benamedasanadditionalinsuredoraninsured,asitsinterestmay appear. Be providedwitha waiverofsubrogation,initsfavor. ASSOCIATIONshall be solely responsible for any and all damage to City property, including without limitation athletic fields, synthetic turf, natural turf, facilities, fixtures, equipment, irrigation systems, fencing, lighting, parking areas, and other improvements,caused by ASSOCIATIONor its officers, employees, agents, contractors, vendors, participants, invitees, spectators, or any other person attending or participating in activities. This responsibility includes, but is not limited to,damage resulting from any violation of City rules, field-use requirements, turf restrictions, or facility policies. ASSOCIATIONshall promptly reimburse the City for all costs incurred by the City to repair, replace, clean, remediate, or restore any damaged City property, regardless of whether such damage is covered by insurance. SECTION 7 INDEMNIFICATION THEASSOCIATIONAGREESANDUNDERSTANDSTHATIT IS SPONSORINGAN ATHLETICACTIVITYTHATHASCERTAININHERENTDANGERS,ANDTHAT PERSONSPARTICIPATINGINASSOCIATIONACTIVITIESDISCUSSEDHEREIN MAYBE INJUREDON THE PREMISES.THE ASSOCIATION UNDERSTANDS THAT THECITYWILLATTEMPTTOPROVIDESAFEPREMISES,BUTTHAT CONDITIONS Page 6 MAYCHANGEORDEVELOPWHICHCREATEUNANTICIPATEDDANGERS.THE ASSOCIATIONAGREESANDREPRESENTSTHATITSHALL INSPECTTHE PREMISESATTHEBEGINNINGOFEACHSEASON,INCLUDING BUT NOT LIMITEDTO THE PLAYINGFIELDS,AND THATTHE ASSOCIATIONHAS DETERMINEDTHATSUCHPREMISESAREREASONABLYSAFEFORTHE ACTIVITIES CONTEMPLATEDBYTHEASSOCIATIONHEREUNDER.THE ASSOCIATION FURTHERAGREESTHATATANYTIMEITSREPRESENTATIVES OBSERVEAN UNSAFECONDITIONONTHEPREMISESUSEDBYTHE ASSOCIATION, INCLUDINGBUTNOTLIMITEDTOTHEPLAYINGFIELDS,THE ASSOCIATION SHALLIMMEDIATELYREPORTSUCHDANGEROUSCONDITION TOTHE DIRECTOROFCOMMUNITYSERVICES ORDESIGNEE.IFTHE DANGEROUSCONDITIONPOSESANIMMINENTDANGER,THEASSOCIATION SHALLIMMEDIATELY DISCONTINUETHE ACTIVITYAND USEOFTHATPORTION OF THE FACILITY. THEASSOCIATIONAGREESTODEFEND,INDEMNIFY,ANDHOLDHARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW,THECITYOFSOUTHLAKE,ITS AGENTS,OFFICIALSANDEMPLOYEESFROM ANYANDALLCLAIMSFOR BODILYINJURY,ILLNESS,DEATH,ECONOMIC LOSS, PERSONALINJURY, OR PROPERTYDAMAGEARISING OUT OF OF THE PREMISES ORTHE ACTIVITIESOFTHEASSOCIATIONCONTEMPLATED HEREUNDER,INCLUDINGBUTNOTLIMITEDTOANYCLAIMARISINGOUTOF OR ALLEGED TOARISEOUT OFANYNEGLIGENTACTOROMISSIONCOMMITTED BYASSOCIATION OFFICIALS,PLAYERS, MEMBERS,OR OFFICERS. NOTHINGCONTAINEDHEREINSHALLBECONSTRUEDTOLIMITORWAIVE ANY GOVERNMENTALORSOVEREIGNIMMUNITYOFTHECITYOFSOUTHLAKEOR ANYIMMUNITYAPPLICABLETOITSOFFICERS,AGENTS,SERVANTS,OR EMPLOYEES, NOR SHALLIT 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 THEREMAYBEA WAIVEROFIMMUNITYUNDERSTATELAWTOENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLETO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUSOR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES,ARE SPECIFICALLYWAIVED BY BOTH PARTIES. SECTION 8 MISCELLANEOUS EXHIBITS It is especiallyprovidedand agreed by and betweenthe ASSOCIATIONand the CITY that theexhibits referenced hereinorattached hereto areincorporated intothisAgreement as if set out in their entirety,said exhibits being: Page 7 Exhibit"A"-PolicyfortheProvisionofAthleticFacilities Exhibit"B"-ConcessionStandAgreement SECTION 9 TERMINATION OF AGREEMENT CITYor ASSOCIATIONshallnotifytheother partyinwritingof a breachof any term of this Agreementand allowten (10)days to cure the breach, if the breach is curable.If the breachis notcured aftertheexpiration often(10) days, thenthenon- breachingpartymayterminate thisAgreementupontheexpirationof30daysfrom thedateoftheoriginal written notice of breach without further notification to the breachingparty. In addition to any other provision or remedy of this Agreement, the CITY may keepa recordof violationsof anytermof thisAgreement,theCityof Southlake Values, or any of the associated Exhibits.The failure of the City to notify ASSOCIATION of any such violation(s)shallnot bedeemeda waiverof anyother rightor remedyof theCITY.Incase of three or more violations, the CITY'S Department of Community Services may schedulea meeting with ASSOCIATIONto review the violationsand determine whether or notthe violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then-currentseason. sole discretion, be determined to be a non-curable breach that will entitle the CITY, at its solediscretion, to immediately terminate this Agreement. SECTION 10 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principlesthat 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:Beingworthyofthepublic'strustinallthings.Wedealhonestly 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. Page 8 Commitmentto Excellence:Behaving responsively in our delivery of service to thepublic.Ourworkis characterizedbyitsqualityandbythediligencewith whichitiscarriedout.Weproactivelyseektosolveproblemsinadvance. Teamwork:Recognizing the importance of working together to meet our citizens'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 11 AUDIT REQUIREMENTS Agreement at any time upon request. The ASSOCIATION shall provide requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITYmay require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. SECTION12 SUCCESSORSAND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administratorsand 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. SECTION13 APPLICABLELAW This Agreement is entered into subject to the Charter and ordinancesof CITY as they may be amended from time to time, and is subjectto and is to be construed, governed and enforced under all applicable State ofTexas and Federal laws.ASSOCIATION will make any and allreports required per Federal, State orlocallaw,including, but notlimited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income.The situsofthisAgreement isagreed tobeTarrantCounty,Texas, for all purposes, including performance and execution. SECTION 14 Page 9 SEVERABILITY If any ofthe terms, provisions, covenants, conditions or any other part ofthis 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. SECTION15 REMEDIES No right or remedy granted hereinorreservedto the partiesisexclusiveofany other right orremedyherein bylaw orequity provided orpermitted, buteach shallbecumulative of every other right or remedy given hereunder. SECTION16 ENTIREAGREEMENT 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 the written agreementof the parties. SECTION17 NON-WAIVER It isfurtheragreedthatone(1)ormoreinstancesofforbearancebyCITYinthe exercise of its rights herein shall in no way constitute a waiver thereof.No covenant or condition of this Agreementmay be waived without the consentof the parties.Forbearance orindulgence byeitherpartyshallnotconstitutea waiverofanycovenantorcondition to be performed pursuantto this Agreement. SECTION18 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. SECTION19VENUE The partiesto thisAgreementagreeand covenantthatthisAgreementwill be enforceable inthe CityofSouthlake, Texas,andthatiflegalaction isnecessary toenforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION20 NOTHIRDPARTYBENEFICIARY Page 10 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 betweenthepartiestothisAgreement,andisinnowayintendedby the partiesto benefit orotherwiseaffectanythirdpersonorentitynotwithstanding 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 bycontractoroperationoflaw, anythird personorentityfromobligationsowing by them to either CITY or ASSOCIATION. SECTION 21 GOVERNMENTALIMMUNITY ASSOCIATION understandsand agrees that CITYisaTexas home-rulemunicipality and thatbyenteringintothisAgreement,theCITYisperformingagovernmental function. Noterm or condition of the Agreement shallbe construed or interpretedas a waiver, expressor implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the ____ day of ____________. ________________.________________ Amy Shelley, TRMCby:Shawn McCaskill City SecretaryMayor, City of Southlake ________________________________ Approved as to form and legalityPresident City AttorneyDragon Youth Baseball Page 11 M E M O R A N D U M June 02, 2026 TO: Park and Recreation Board FROM:David Miller, Director of Community Services SUBJECT: Recommendation for approval of a Facilities Utilization Agreement with Southlake Girls Softball Association Action Requested: Park Board recommendation for approval of a Facilities Utilization Agreement with Southlake Girls Softball Association from July 2026 to June 2028. Background Information: The Citycoordinates with several Southlake youth athletic associations to provide youth sports programs to residents. The City Council authorizes use of all City-owned athletic fields through a Facilities Utilization Agreement (FUA). The proposed FUA with The Southlake Girls Softball Association (SGSA) is an agreement to provide athletic fields for the athletic program from July 1, 2026, to June 30, 2028. The City of Southlake currently maintains facility use partnerships with seven different Athletic Association who must meet the qualifications for facility use partners as outlined in the newly updated Policy for Provision of Athletic Facilities. Specific changes to the Facility use agreements are specific to the recommendations made by the Recreation and Athletics Task Force regarding the Policy for Provision of Athletics Facilities and the City of Southlake Fee schedule and include the following: Per player maintenance fees adjusted to new rates. Newly amended date ranges for spring/summer and fall seasons. Expanded language regarding Athletic Association background check responsibilities and the City’s ability to audit compliance. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date – June 08, 2026 Page 2 of 2 City Council will consider the proposed FUA at itsmeeting on June 16, 2026. Fi nancial Considerations:The Association will pay field maintenance feesof $15.00 per resident per season and $45.00 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 Areas of Partnerships & Volunteerism and Performance Management & Service Delivery. Citizen Input/ Board Review: Parks & Recreation Board consideration June 08, 2026 City Council consideration June 16, 2026 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 SGSA Staff Recommendation: Park Board recommendation for approval of a Facilities Utilization Agreement with Southlake Girls Softball Association from July 01, 2026, to June 30, 2028. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork CITYOFSOUTHLAKE PARKSFACILITIESUTILIZATIONAGREEMENT THESTATEOFTEXAS§ § COUNTYOFTARRANT§ ThepartiestothisAgreementaretheCityofSouthlake,Texas,hereincalled "CITY," and Southlake Girls Softball Association,hereincalled"ASSOCIATION." WHEREAS,theCITYowns,operates,andmaintainscertainathleticfacilitiesfor the recreation,use,benefit,andenjoymentof itsresidentsandthegeneralpublic;and WHEREAS,the ASSOCIATION desiresto lease(orutilize)the CITY'Sathletic facilitiestoprovideayouthsoftballprograminaccordancewiththetermsand conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenantsand agreements hereinaftercontainedandsubjecttothetermsandconditionshereinafterstated,the partiesheretodo mutuallyagreeas follows: SECTION1 SCOPEOF SERVICES The ASSOCIATION agrees to provide a recreationalyouth softballprogram that adheres to the City of Southlake'sorganizationalvalues outlined in Section 9 of the Agreement. TheCITYagreestoallocatethenumberoffieldstomeetthe Association's programneedsforthe required 2 yearsof the agreement through June30, 2028. Specificfieldallocationswillbe made in accordancewith the City of Southlake Policy for the Provision of Athletic Facilities,whichismadeapartofthisAgreementby referenceandidentified hereinas ExhibitA. SECTION 2 TERMS OFAGREEMENT ThisAgreementwillbeeffectiveonthedatesignedbytheCITY'SMayor. Thetermof thisAgreementshallbefromJuly1,2026,throughJune 30,2028. Softballshallconsistofthefollowingseasons: o Spring/Summer Season(typicallyFebruary-June) Page 1 o FallSeason(typicallyAugust -November) *Summermonthspracticesareallocatedbasedonthe ParkMaintenance schedule,as determined by the ParkManager,andnotsolely on the previous year registrations. The beginningof a season is the first day the ASSOCIATIONutilizes the field(s) for coach meetings, tryouts, scrimmages, preseason games, games, clinics, camps, end of season recreational tournament, or other approved softballactivitiesfor 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. The ASSOCIATION may have up to one (1) RECREATIONAL-based Tournament per seasonat no charge,subject to scheduling approval by the CITY and -current tournament requirements. The CITYwill provide minimum staffing levels as determined by the CITY in accordance with its applicable tournament procedures. 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-approvedfield rental rates. FieldsnotbeingutilizedbytheASSOCIATIONortheCITYwill bemade available for public or organized team rental use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY willdetermine available fields for rental use on a seasonal basis once Association allocation needs are met.Notwithstanding any other provision of this Agreement, the CITY may temporarily suspend, reassign, restrict, or close any field or facility at any time for maintenance, safety concerns, weather conditions, emergency response, City events, capital improvements, or other operational needs as determined by the CITY in its sole discretion. Minor,functional,andoperationalamendments tothisAgreement must be approved bytheDirector ofCommunityServices.Exceptasotherwiseauthorized herein, any other substantive amendments to this Agreement must be approved in writing by theCity Council following a recommendationby the Parks and Recreation Board. SECTION3 USEOFPREMISES The ASSOCIATION shall not assign this Agreement,nor shall it sublease, license,rent out, or otherwise permit third-party use ofany propertyof the CITY, without prior written consent . Onlythe CITY mayrent CITY property.All inquiriesinto field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817)748-8019.Due to the necessity Page 2 of inter-league play in order tocomplete someleagues, the ASSOCIATIONshall assure that an ASSOCIATION team is scheduledforeach 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.The concession standatthe Bob Jones Park softballfields shallbe usedinaccordance with Exhibit B. SECTION 4 BACKGROUND CHECKS The ASSOCIATION acknowledges that its activities involve youth participants and agrees that participant safety is a material condition of this Agreement. The ASSOCIATION shall adopt, maintain, and enforce a written background check and child protection policy applicable to all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf of the ASSOCIATION who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information in connection with ASSOCIATION activities on CITY property or under this Agreement. hat each covered person successfully complete a background check before the person begins any service, activity, practice, game, tournament, clinic, camp, meeting, or other ASSOCIATION activity involving minors. The background check shall be renewed at least annually and shall include, at a minimum: (1) identity verification; (2) a national criminal history search; (3) a search of applicable state and county criminal records in jurisdictions where the person has resided, worked, or volunteered during the preceding seven (7) years, to the extent commercially available; (4) a search of the National Sex Offender Public Website; (5) a search of the Texas Department of Public Safety Sex Offender Registry; and (6) any additional screening required by the ASSOCIATI The ASSOCIATION shall not permit any person to serve in any covered role if that person: (1)is required to register as a sex offender in any jurisdiction; (2) has been convicted of, received deferred adjudication for, pleaded guilty or no contest to, or is currently charged with any offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense under the laws of any jurisdiction; (3) has been prohibited by law, court order, parole condition, probation condition, or other governmental restriction from being in or near places where children commonly gather; or (4) otherwise presents a safety risk to youth participants, as determined identify additional offenses or conduct that may disqualify a person based on the nature of the interests of the program. The ASSOCIATION must have a method in place for its membership, parents, and the CITY to easily identify, at all times, the persons who have passed a background check and are permitted to serve in Page 3 a covered role. The ASSOCIATION shall immediately remove a covered person from all ASSOCIATION activities on CITY property and from all activities conducted under this Agreement if the ASSOCIATION learns that the person may be disqualified under this Section, has failed to complete a required background check, has provided false or incomplete information, or is effect unless and until the ASSOCIATION determines, in writing, that the person is eligible to serve and the CITY has been notified of the determination. Nothing in this Section requires person from using CITY property when the CITY determines that such action is necessary or appropriate for public safety, participant safety, operational reasons, or compliance with this Agreement. The ASSOCIATION shall maintain complete and accurate records sufficient to demonstrate c background check and child protection policy; (2) the name and role of each covered person; (3)the date each background check was completed; (4) the vendor or sourceused to complete the background check; (5) the result of the background check, limited to whether the person was approved, denied, removed, or conditionally approved; (6) documentation of any renewal background check; (7) documentation of any disqualification, removal, appeal, or reinstatement decision; and (8) records of any training required by the ASSOCIATION, sanctioning body, or applicable law. The ASSOCIATION shall maintain such records for at least three (3) years after the end of the season in which the person last served, or longer if request. The ASSOCIATION shall provide the requested records withinfive (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. To the extent possible, the ASSOCIATION shall not provide full other sensitive personal information unless specifically requested by the CITY Attorney or otherwise required by law. The ASSOCIATION remains responsible for obtaining all required authorizations, releases, notices, and consents necessary to conduct background checks and to disclose compliance records to the CITY. The ASSOCIATION shall promptly notify the CITY if it becomes aware of any actual or alleged violation of this Section, any failure to complete a required background check, any disqualification or removal of a covered person based on safety-related concerns, or any allegation involving abuse, neglect, sexual misconduct, inappropriate contact with a minor, or conduct that may create a safety risk to minors. Nothing in this Agreement limits or modifies ected abuse or neglect as required by Texas law. Compliance with this Section is a material condition of this Agreement. Page 4 SECTION5 FIELDMAINTENANCEFEES TheASSOCIATIONagreestopaytheCITYaresidentfieldmaintenancefeeof $15.00perresidentplayerperseason,andanon-residentfieldmaintenancefeeof $45.00pernon-residentplayerperseasonas noted in the City of Southlake Municipal Fee Schedule,withintwo(2)weeksafterthelast regularseasongame to help offsetthe costs for lighting and maintaining the fields in playing condition. The fee must be paid for all playersutilizing CITYfields,regardless of the level or division of play, including "select" players. The ASSOCIATIONalsoagreesto payforanyadditionalfieldchalkanddryingagent materials that the ASSOCIATIONusesaboveand beyondwhat the CITY has allocatedfor the purchase of these materials to support the baseball program. The ASSOCIATION shall maintain complete and accurate rosters and supporting residency documentation for all participants and shall provide the same to the CITY upon request. The CITY shall have the right to verify participant counts, residency classifications, and fee calculations, and any underpayment shall be due within ten (10) business days after notice from the CITY. The parties acknowledge that FUA fees are subject to review by the CITYduring each renewal cycle to ensure alignment with City Council-approved cost recovery objectives, operational considerations, and the CITY-current fee structure. Any adjustment to fees for a renewal term must be approved through the applicable CITYapproval process. SECTION 6 INSURANCE The ASSOCIATION,at its ownexpense,shallobtainand keepinforceduringtheterm of this Agreement publicliability insuranceas will protectthe ASSOCIATIONand the CITY from all claimsfor damagesto 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 liabilityforinjuries sufferedby spectators and competitors intheorganized athleticactivity. Theinsuranceshall protecttheCITYfromandagainstallliabilityforclaimsarising outof or in connection with theASSOCIATION'suseandoccupationofthe premises andshall provide that such policy cannot be cancelled or terminated without thirty days'prior written notice tothe CITY. Allinsuranceshall beissued by acompany orcompanies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. Thetypeandminimumlimitofliabilityinsuranceareasfollows: TYPE o ComprehensiveGeneral Public Liability Page 5 MINIMUMLIMIT o$1,000,000: -Combined Single Limit Coverage ForBodilyInjury andProperty Damage.$1,000,000-OnaPerOccurrenceBasis,andMedicalPaymentCoverage. All insurance policiesshall be subject to the examinationand approval of the City Attorney for Southlakefortheiradequacyas to content,protection,andnamed insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insuranceand,upon request, copies of applicable endorsements, including endorsements evidencing additional insured status and waiver of subrogation,within (10) ten days of the execution of thisAgreement or prior to the commencementofanyactivitiesbytheASSOCIATIONattheCityof Southlake ParkFacilities,whichevereventoccursfirst.TheASSOCIATIONunderstands andagreesthatithasthesoleresponsibilitytoprovidethisinformationandthatfailure to timelycomplywiththerequirementsundertheArticleshallbecausefortermination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primaryinsuranceand notcontributewithanyotherinsuranceavailabletotheCITY under any third-partyliabilitypolicy. TheASSOCIATIONfurtheragreesthatwithrespecttotheaboverequiredinsurance, the CITYshall: Benamedasanadditionalinsuredoraninsured,asitsinterestmay appear. Be providedwitha waiverofsubrogation,initsfavor. ASSOCIATIONshall be solely responsible for any and all damage to City property, including without limitation athletic fields, synthetic turf, natural turf, facilities, fixtures, equipment, irrigation systems, fencing, lighting, parking areas, and other improvements,caused by ASSOCIATIONor its officers, employees, agents, contractors, vendors, participants, invitees, spectators, or any other person attending or participating in activities. This responsibility includes, but is not limited to,damage resulting from any violation of City rules, field-use requirements, turf restrictions, or facility policies. ASSOCIATIONshall promptly reimburse the City for all costs incurred by the City to repair, replace, clean, remediate, or restore any damaged City property, regardless of whether such damage is covered by insurance. SECTION 7 INDEMNIFICATION THEASSOCIATIONAGREESANDUNDERSTANDSTHATIT IS SPONSORINGAN ATHLETICACTIVITYTHATHASCERTAININHERENTDANGERS,ANDTHAT PERSONSPARTICIPATINGINASSOCIATIONACTIVITIESDISCUSSEDHEREIN MAYBE INJUREDON THE PREMISES.THE ASSOCIATION UNDERSTANDS THAT THECITYWILLATTEMPTTOPROVIDESAFEPREMISES,BUTTHAT CONDITIONS Page 6 MAYCHANGEORDEVELOPWHICHCREATEUNANTICIPATEDDANGERS.THE ASSOCIATIONAGREESANDREPRESENTSTHATITSHALL INSPECTTHE PREMISESATTHEBEGINNINGOFEACHSEASON,INCLUDING BUT NOT LIMITEDTO THE PLAYINGFIELDS,AND THATTHE ASSOCIATIONHAS DETERMINEDTHATSUCHPREMISESAREREASONABLYSAFEFORTHE ACTIVITIES CONTEMPLATEDBYTHEASSOCIATIONHEREUNDER.THE ASSOCIATION FURTHERAGREESTHATATANYTIMEITSREPRESENTATIVES OBSERVEAN UNSAFECONDITIONONTHEPREMISESUSEDBYTHE ASSOCIATION, INCLUDINGBUTNOTLIMITEDTOTHEPLAYINGFIELDS,THE ASSOCIATION SHALLIMMEDIATELYREPORTSUCHDANGEROUSCONDITION TOTHE DIRECTOROFCOMMUNITYSERVICES ORDESIGNEE.IFTHE DANGEROUSCONDITIONPOSESANIMMINENTDANGER,THEASSOCIATION SHALLIMMEDIATELY DISCONTINUETHE ACTIVITYAND USEOFTHATPORTION OF THE FACILITY. THEASSOCIATIONAGREESTODEFEND,INDEMNIFY,ANDHOLDHARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW,THECITYOFSOUTHLAKE,ITS AGENTS,OFFICIALSANDEMPLOYEESFROM ANYANDALLCLAIMSFOR BODILYINJURY,ILLNESS,DEATH,ECONOMIC LOSS, PERSONALINJURY, OR PROPERTYDAMAGEARISING OUT OF OF THE PREMISES ORTHE ACTIVITIESOFTHEASSOCIATIONCONTEMPLATED HEREUNDER,INCLUDINGBUTNOTLIMITEDTOANYCLAIMARISINGOUTOF OR ALLEGED TOARISEOUT OFANYNEGLIGENTACTOROMISSIONCOMMITTED BYASSOCIATION OFFICIALS,PLAYERS, MEMBERS,OR OFFICERS. NOTHINGCONTAINEDHEREINSHALLBECONSTRUEDTOLIMITORWAIVE ANY GOVERNMENTALORSOVEREIGNIMMUNITYOFTHECITYOFSOUTHLAKEOR ANYIMMUNITYAPPLICABLETOITSOFFICERS,AGENTS,SERVANTS,OR EMPLOYEES, NOR SHALLIT 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 THEREMAYBEA WAIVEROFIMMUNITYUNDERSTATELAWTOENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLETO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUSOR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES,ARE SPECIFICALLYWAIVED BY BOTH PARTIES. SECTION 8 MISCELLANEOUS EXHIBITS It is especiallyprovidedand agreed by and betweenthe ASSOCIATIONand the CITY that theexhibits referenced hereinorattached hereto areincorporated intothisAgreement as if set out in their entirety,said exhibits being: Page 7 Exhibit"A"-PolicyfortheProvisionofAthleticFacilities Exhibit"B"-ConcessionStandAgreement SECTION 9 TERMINATION OF AGREEMENT CITYor ASSOCIATIONshallnotifytheother partyinwritingof a breachof any term of this Agreementand allowten (10)days to cure the breach, if the breach is curable.If the breachis notcured aftertheexpiration often(10) days, thenthenon- breachingpartymayterminate thisAgreementupontheexpirationof30daysfrom thedateoftheoriginal written notice of breach without further notification to the breachingparty. In addition to any other provision or remedy of this Agreement, the CITY may keepa recordof violationsof anytermof thisAgreement,theCityof Southlake Values, or any of the associated Exhibits.The failure of the City to notify ASSOCIATION of any such violation(s)shallnot bedeemeda waiverof anyother rightor remedyof theCITY.Incase of three or more violations, the CITY'S Department of Community Services may schedulea meeting with ASSOCIATIONto review the violationsand determine whether or notthe violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then-currentseason. sole discretion, be determined to be a non-curable breach that will entitle the CITY, at its solediscretion, to immediately terminate this Agreement. SECTION 10 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principlesthat 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:Beingworthyofthepublic'strustinallthings.Wedealhonestly 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. Page 8 Commitmentto Excellence:Behaving responsively in our delivery of service to thepublic.Ourworkis characterizedbyitsqualityandbythediligencewith whichitiscarriedout.Weproactivelyseektosolveproblemsinadvance. Teamwork:Recognizing the importance of working together to meet our citizens'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 11 AUDIT REQUIREMENTS Agreement at any time upon request. The ASSOCIATION shall provide requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITYmay require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. SECTION12 SUCCESSORSAND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administratorsand 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. SECTION13 APPLICABLELAW This Agreement is entered into subject to the Charter and ordinancesof CITY as they may be amended from time to time, and is subjectto and is to be construed, governed and enforced under all applicable State ofTexas and Federal laws.ASSOCIATION will make any and allreports required per Federal, State orlocallaw,including, but notlimited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income.The situsofthisAgreement isagreed tobeTarrantCounty,Texas, for all purposes, including performance and execution. SECTION 14 Page 9 SEVERABILITY If any ofthe terms, provisions, covenants, conditions or any other part ofthis 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. SECTION15 REMEDIES No right or remedy granted hereinorreservedto the partiesisexclusiveofany other right orremedyherein bylaw orequity provided orpermitted, buteach shallbecumulative of every other right or remedy given hereunder. SECTION16 ENTIREAGREEMENT 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 the written agreementof the parties. SECTION17 NON-WAIVER It isfurtheragreedthatone(1)ormoreinstancesofforbearancebyCITYinthe exercise of its rights herein shall in no way constitute a waiver thereof.No covenant or condition of this Agreementmay be waived without the consentof the parties.Forbearance orindulgence byeitherpartyshallnotconstitutea waiverofanycovenantorcondition to be performed pursuantto this Agreement. SECTION18 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. SECTION19VENUE The partiesto thisAgreementagreeand covenantthatthisAgreementwill be enforceable inthe CityofSouthlake, Texas,andthatiflegalaction isnecessary toenforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION20 NOTHIRDPARTYBENEFICIARY Page 10 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 betweenthepartiestothisAgreement,andisinnowayintendedby the partiesto benefit orotherwiseaffectanythirdpersonorentitynotwithstanding 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 bycontractoroperationoflaw, anythird personorentityfromobligationsowing by them to either CITY or ASSOCIATION. SECTION 21 GOVERNMENTALIMMUNITY ASSOCIATION understandsand agrees that CITYisaTexas home-rulemunicipality and thatbyenteringintothisAgreement,theCITYisperformingagovernmental function. Noterm or condition of the Agreement shallbe construed or interpretedas a waiver, expressor implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the ____ day of ____________. ________________.________________ Amy Shelley, TRMCby:Shawn McCaskill City SecretaryMayor, City of Southlake ________________________________ Approved as to form and legalityPresident City AttorneySouthlake Girls Softball Association Page 11 M E M O R A N D U M June 02, 2026 TO: Park and Recreation Board FROM:David Miller, Director of Community Services SUBJECT: Recommendation for approval of a Facilities Utilization Agreement with The Miracle League of Southlake Action Requested: Park Board recommendation for approval of a Facilities Utilization Agreement with The Miracle League of Southlake from July01, 2026, to June 30, 2028. Background Information: The City coordinates with several Southlake youthathletic associations to provide youth sports programs to residents. The City Council authorizes use of all City-owned athletic fieldsthrough a Facilities Utilization Agreement (FUA). The proposed FUA with The Miracle League of Southlake (MLS) is an agreement to provide athletic fields for the athletic program from July 1, 2026, to June 30, 2028. The City of Southlake currently maintains facility use partnerships with seven different Athletic Association who must meet the qualifications for facility use partners as outlined in the newly updated Policy for Provision of Athletic Facilities. Specific changes to the Facility use agreements are specific to the recommendations made by the Recreation and Athletics Task Force regarding the Policy for Provision of Athletics Facilities and the City of Southlake Fee schedule and include the following: Per player maintenance fees adjusted to new rates. Newly amended date ranges for spring/summer and fall seasons. Expanded language regarding Athletic Association background check responsibilities and the City’s ability to audit compliance. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork Parks and Recreation Board Meeting Date – June08, 2026 Page 2 of 2 City Council will consider the proposed FUA at itsmeeting on June 16, 2026. Fi nancial Considerations:Specific to the MLS agreement is a provision to waivethe required field maintenance fees for the MLS program. City Council approved April 16, 2013, to waive the City’s field maintenance fees for MLS since participants will not be charged registration fees. A copy of the signed FUA is attached for your consideration. Strategic Link: This item is linked to the City’s Strategy Map related to the focus area of Performance Management & Service Delivery. Citizen Input/ Board Review: Parks & Recreation Board consideration June 08, 2026 City Council consideration June 16, 2026 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 MLS Policy for Provision of Athletic Facilities Staff Recommendation: Park Board recommendation for approval of a Facilities Utilization Agreement with The Miracle League of Southlake (MLS) from July 01, 2026 to June 30, 2028. City of Southlake Values: Integrity Innovation Accountability Commitment to Excellence Teamwork CITYOFSOUTHLAKE PARKSFACILITIESUTILIZATIONAGREEMENT THESTATEOFTEXAS§ § COUNTYOFTARRANT§ ThepartiestothisAgreementaretheCityofSouthlake,Texas,hereincalled "CITY," and The Miracle League of Southlake,hereincalled"ASSOCIATION." WHEREAS,theCITYowns,operates,andmaintainscertainathleticfacilitiesfor the recreation,use,benefit,andenjoymentof itsresidentsandthegeneralpublic;and WHEREAS,the ASSOCIATION desiresto lease(or utilize)the CITY'Sathletic facilitiestoprovideabaseballprograminaccordancewiththetermsand conditionsof this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenantsand agreements hereinaftercontainedandsubjecttothetermsandconditionshereinafterstated,the partiesheretodo mutuallyagreeas follows: SECTION1 SCOPEOF SERVICES The ASSOCIATION agrees to provide a recreationalbaseballprogram that adheres to the City of Southlake'sorganizationalvalues outlined in Section 9 of the Agreement. TheCITYagreestoallocatethenumberoffieldstomeetthe Association's programneedsforthe required 2 yearsof the agreement through June30, 2028. Specificfieldallocationswillbe made in accordancewith the City of Southlake Policy for the Provision of Athletic Facilities,whichismadeapartofthisAgreementby referenceandidentified hereinas ExhibitA. SECTION 2 TERMS OFAGREEMENT ThisAgreementwillbeeffectiveonthedatesignedbytheCITY'SMayor. Thetermof thisAgreementshallbefromJuly1,2026,throughJune 30,2028. Baseballshallconsistofthefollowingseasons: o Spring/ Summer Season(typicallyFebruary-June) Page 1 o FallSeason(typicallyAugust -November) *Summermonthspracticesareallocatedbasedonthe ParkMaintenance schedule,as determined by the ParkManager,andnotsolely on the previous year registrations. The beginningof a season is the first day the ASSOCIATIONutilizes the field(s) for coach meetings, tryouts, scrimmages, preseason games, games, clinics, camps, end of season recreational tournament, or other approved baseballactivitiesfor 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. The ASSOCIATION may have up to one (1) RECREATIONAL-based Tournament per seasonat no charge,subject to scheduling approval by the CITY and -current tournament requirements. The CITYwill provide minimum staffing levels as determined by the CITY in accordance with its applicable tournament procedures. 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-approvedfield rental rates. FieldsnotbeingutilizedbytheASSOCIATIONortheCITYwill bemade available for public or organized team rental use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY willdetermine available fields for rental use on a seasonal basis once Association allocation needs are met.Notwithstanding any other provision of this Agreement, the CITY may temporarily suspend, reassign, restrict, or close any field or facility at any time for maintenance, safety concerns, weather conditions, emergency response, City events, capital improvements, or other operational needs as determined by the CITY in its sole discretion. Minor,functional,andoperationalamendments tothisAgreement must be approved bytheDirector ofCommunityServices.Exceptasotherwiseauthorized herein, any other substantive amendments to this Agreement must be approved in writing by theCity Council following a recommendationby the Parks and Recreation Board. Both the CITY and the MLS agree on a goal that all residents of Southlake will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual level of skill. As an integral part of this goal, the CITY requires the MLS to find a team for all Southlake residents who register by the participants. Priority of registration for qualified participants shall fall in the following order: Southlake Residents, CISD Students, Non-Southlake Residents. A resident is defined as a person who lives within the Southlake City limits and pay City taxes. Page 2 SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this Agreement, nor shall it sublease, license, rent out, or otherwise permit third-party use of any property of the CITY, without prior written consent . 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. The concession stand at the Bicentennial Park Baseball fields shall be used in accordance with Exhibit B. SECTION 4 BACKGROUND CHECKS The ASSOCIATION acknowledges that its activities involve youth participants and agrees that participant safety is a material condition of this Agreement. The ASSOCIATION shall adopt, maintain, and enforce a written background check and child protection policy applicable to all coaches, assistant coaches, board members, officers, volunteers, contractors, employees, officials, or any other person acting on behalf of the ASSOCIATION who has, or may reasonably be expected to have, direct contact with minors, access to minors, supervisory authority over minors, or access to non-public participant information in connection with ASSOCIATION activities on CITY property or under this Agreement. person successfully complete a background check before the person begins any service, activity, practice, game, tournament, clinic, camp, meeting, or other ASSOCIATION activity involving minors. The background check shall be renewed at least annually and shall include, at a minimum: (1) identity verification; (2) a national criminal history search; (3) a search of applicable state and county criminal records in jurisdictions where the person has resided, worked, or volunteered during the preceding seven (7) years, to the extent commercially available; (4) a search of the National Sex Offender Public Website; (5) a search of the Texas Department of Public Safety Sex Offender Registry; and (6) any additional screening required The ASSOCIATION shall not permit any person to serve in any covered role if that person: (1) is required to register as a sex offender in any jurisdiction; (2) has been convicted of, received deferred adjudication for, pleaded guilty or no contest to, or is currently charged with any offense involving sexual misconduct, sexual assault, child abuse, child endangerment, kidnapping, human trafficking, exploitation of a minor, indecency with a child, possession or promotion of child sexual abuse material, or any substantially similar offense under the laws of any jurisdiction; (3) has been prohibited by law, court order, parole condition, probation Page 3 condition, or other governmental restriction from being in or near places where children commonly gather; or (4) otherwise presents a safety risk to youth participants, as determined y shall also identify additional offenses or conduct that may disqualify a person based on the nature of the interests of the program. The ASSOCIATION must have a method in place for its membership, parents, and the CITY to easily identify, at all times, the persons who have passed a background check and are permitted to serve in a covered role. The ASSOCIATION shall immediately remove a covered person from all ASSOCIATION activities on CITY property and from all activities conducted under this Agreement if the ASSOCIATION learns that the person may be disqualified under this Section, has failed to complete a required background check, has provided false or incomplete information, or is moval shall remain in effect unless and until the ASSOCIATION determines, in writing, that the person is eligible to serve and the CITY has been notified of the determination. Nothing in this Section requires the CITY to approve any covered person or limit person from using CITY property when the CITY determines that such action is necessary or appropriate for public safety, participant safety, operational reasons, or compliance with this Agreement. The ASSOCIATION shall maintain complete and accurate records sufficient to demonstrate background check and child protection policy; (2) the name and role of each covered person; (3) the date each background check was completed; (4) the vendor or source used to complete the background check; (5) the result of the background check, limited to whether the person was approved, denied, removed, or conditionally approved; (6) documentation of any renewal background check; (7) documentation of any disqualification, removal, appeal, or reinstatement decision; and (8) records of any training required by the ASSOCIATION, sanctioning body, or applicable law. The ASSOCIATION shall maintain such records for at least three (3) years after the end of the season in which the person last served, or longer if time upon request. The ASSOCIATION shall provide the requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. To the extent possible, the ASSOCIATION shall not provide full criminal history reports, dates of birth, social secur other sensitive personal information unless specifically requested by the CITY Attorney or otherwise required by law. The ASSOCIATION remains responsible for obtaining all required authorizations, releases, notices, and consents necessary to conduct background checks and to disclose compliance records to the CITY. Page 4 The ASSOCIATION shall promptly notify the CITY if it becomes aware of any actual or alleged violation of this Section, any failure to complete a required background check, any disqualification or removal of a covered person based on safety-related concerns, or any allegation involving abuse, neglect, sexual misconduct, inappropriate contact with a minor, or conduct that may create a safety risk to minors. Nothing in this Agreement limits or modifies required by Texas law. Compliance with this Section is a material condition of this Agreement. SECTION 5 FIELD MAINTENANCE FEES On April 16, 2013, City Council approved a waiver of all field maintenance fees for the Miracle League Southlake Program. SECTION 6 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 are as follows: TYPE o Comprehensive General Public Liability MINIMUM LIMIT o $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 and, upon request, copies of applicable endorsements, including endorsements evidencing additional insured status and waiver of subrogation, 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 Page 5 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 contribute 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: Be named as an additional insured or an insured, as its interest may appear. Be provided with a waiver of subrogation, in its favor. ASSOCIATION shall be solely responsible for any and all damage to City property, including without limitation athletic fields, synthetic turf, natural turf, facilities, fixtures, equipment, irrigation systems, fencing, lighting, parking areas, and other improvements, caused by ASSOCIATION or its officers, employees, agents, contractors, vendors, participants, invitees, spectators, or any other person attending or participating in activities. This responsibility includes, but is not limited to, damage resulting from any violation of City rules, field-use requirements, turf restrictions, or facility policies. ASSOCIATION shall promptly reimburse the City for all costs incurred by the City to repair, replace, clean, remediate, or restore any damaged City property, regardless of whether such damage is covered by insurance. SECTION 7 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAININHERENT 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 Page 6 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, TO THE FULLEST EXTENT PERMITTED BY LAW, 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 OF THE PREMISES OR 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 8 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 Exhibit "B"-Concession Stand Agreement SECTION 9 TERMINATION OF AGREEMENT 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 curable. If the breach is not cured after the expiration of ten (10) days, then the non- Page 7 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. 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. sole discretion, be determined to be a non-curable breach that will entitle the CITY, at its sole discretion, to immediately terminate this Agreement. SECTION 10 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 citizens' 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 Page 8 material breach of this Agreement, but may be taken into consideration by the CITY as provided in Section 8, Paragraph 2. SECTION 11 AUDIT REQUIREMENTS Agreement at any time upon request. The ASSOCIATION shall provide requested records within five (5) business days after written request from the CITY, unless the CITY determines that a shorter response period is necessary due to an immediate safety concern. The CITY may require the ASSOCIATION to provide records in summary form, certification form, or through an on-site review, as determined by the CITY. SECTION 12 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrators 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 13 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. The situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes, including performance and execution. SECTION 14 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 15 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 Page 9 other right or remedy given hereunder. SECTION 16 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 the written agreement of the parties. SECTION 17 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 the 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 18 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 19 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 20 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 21 GOVERNMENTAL IMMUNITY ASSOCIATION understands and agrees that CITY is a Texas home-rule municipality and Page 10 thatbyenteringintothisAgreement,theCITYisperformingagovernmental function. Noterm or condition of the Agreement shallbe construed or interpretedas a waiver, expressor implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the ____ day of ____________. ________________.________________ Amy Shelley, TRMCby:Shawn McCaskill City SecretaryMayor, City of Southlake ________________________________ Approved as to form and legalityPresident City AttorneyMiracle League of Southlake Page 11