Item 4DCity of Southlake, Texas
M E M O R A N D U M
February 26, 2007
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
Approval of the 2007 Facilities Utilization Agreement with Southlake Baseball
SUBJECT:
Association.
___________________________________________________________________________
Action Requested:
City Council approval of 2007 Facilities Utilization Agreement with Southlake
Baseball Association (SBA).
Background
Information:
The City of Southlake coordinates with the Southlake Baseball Association to
offer athletic programs. These arrangements are historically documented and
authorized through a written agreement referred to as a facilities utilization
agreement. A separate agreement is held with each of the youth athletic
organizations participating in the use of City-owned fields and facilities.
On January 4, 2007 staff met with each association to discuss proposed
changes to the facilities utilization agreement. A representative from each
youth sports association was present at the meeting and all were in agreement
with the proposed changes. The changes were as follows:
Section 3
Term of agreement will cover a period of two (2) years ().
Each association agrees to pay the City a field usage fee of $10.00 per
player per season for the 2007 calendar year and $12.00 per player per
season for the 2008 calendar year to help offset the costs of lighting and
maintaining fields in playing condition. The field usage fee adjustment
in 2008 shall apply based on continued improvements in turf and field
Section 14
conditions as provided by City ().
Section 14
Elimination of 50% credit toward field usage fees ().
Appendix C
Revised Field Maintenance Form ()
Financial
Considerations:
None
Financial Impact:
Based on the $10 fee in 2007 (currently $8 per player, per season), revenue for
SBA is estimated to increase to approximately $16,000. Based on the of $12
fee in 2008, revenue for SBA is estimated to increase to approximately
$19,000.
Overall revenue from the youth sports associations is estimated to increase to
approximately $51,000 in 2007 and approximately $61,000 in 2008.
Citizen Input /
Shana Yelverton, City Manager
February 26, 2007
Page 2
Board Review:
Parks and Recreation Board recommended approval (5-0) at their February
12, 2007 meeting.
Staff has met with the associations at varies times since August of 2006 to
discuss the proposed changes.
Legal Review:
The agreement was drafted utilizing the general core content from the
agreements previously in place and has been reviewed by the city attorney.
Alternatives:
City Council discussion and consideration may result in various alternatives,
including:
Approval of the agreement as presented.
Request modifications to the proposed agreement.
Non-approval of the proposed agreement.
Supporting
Documents:
Supporting document includes the following items:
Proposed 2007 Facilities Utilization Agreement
Staff
Recommendation:
City Council approval of 2007 Facilities Utilization Agreement with Southlake
Baseball Association (SBA).
CITY OF SOUTHLAKE
Shana Yelverton, City Manager
February 26, 2007
Page 3
PARKS AND RECREATION DIVISION
2007 FACILITIES UTILIZATION AGREEMENT
The parties to this agreement are the CITY of Southlake, Texas, herein called "CITY," and the
Southlake Baseball Association
, herein called "SBA".
Definitions:
Regular Season – Games played within scheduled dates as stated in this agreement and
excluding tournament play.
Tournament – Post season games played after regular season schedule dates as shown in
Appendix B, entitled “Seasons and Hours,” in which teams outside of SBA participate.
FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as
follows:
Section 1. PREMISES
CITY agrees to provide facilities including game fields and practice fields as defined by Appendix
A, entitled “SBA Field Requirements.” Facilities listed in Appendix A are herein called "Premises"
in accordance with the terms of this Agreement. SBA shall coordinate with the CITY and other
associations in identifying premises and field requests for each season of play as soon as practical
and no less than thirty (30) days prior to the beginning of practice for the respective season.
The premises listed in Appendix A may be adjusted from time to time by the CITY, generally based
on the regular seasons of SBA and the other sports associations holding similar agreements with
the CITY, and after consultation with SBA and other athletic sports associations holding similar
agreements with the CITY and which may reasonably be considered to be impacted by such
adjustment. The CITY shall consult with SBA and other athletic sports associations holding
agreements with the CITY in determining the most appropriate premises and field allocations as
set out in Appendix A. The CITY shall have the sole discretion to allocate premises and field
usage in the manner in which it deems to be in the best interest of the CITY.
Section 2. SEASONS AND HOURS
The seasons of this Agreement shall be Spring Season, Fall Season and tournaments on the days
of Monday through Sunday as shown on Appendix B – SBA Seasons and Hours. SBA agrees that
it shall not begin premises usage before 4:00 p.m. on weekdays or 8:00 a.m. on Saturdays, and
12:00 p.m. on Sundays, and shall cease premises usage (includes games and practices) by 10:00
p.m. on Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday. Lights will be turned
out at 10:30 p.m. on Sunday through Thursday, and 11:30 p.m. on Friday and Saturday.
Exception: Times for usage of lights and fields may be modified for tournament play with
prior notification and permission from the Director of Community Services.
The General Schedule for the seasons and tournaments shall be included in Appendix B. The
seasons and tournament dates may be adjusted from time to time based upon mutual agreement
Shana Yelverton, City Manager
February 26, 2007
Page 4
of the CITY and SBA. The CITY shall make a good faith effort to coordinate with SBA in
determining the most appropriate premises and field use dates as set out in Appendix B. Such
dates are subject to the approval of and modification by the CITY.
Section 3. TERM
The term of this agreement shall be from March 1, 2007, extending through December 31, 2008.
This agreement will be effective the date signed by the Mayor. At the CITY’s option and with
mutual agreement by SBA, the agreement may be renewed annually for a period of twelve (12)
months for two additional terms by giving the SBA written notice. If the CITY elects to so renew this
agreement, SBA shall update and submit any documents required in accordance with terms and
conditions of this agreement. The documents which the SBA shall submit, if applicable, include,
but are not limited to: proof of insurance, league start and end dates, and proposed appendices
listed in this agreement. Except as otherwise authorized herein, any other substantive
amendments to this agreement must be approved by CITY Council following a recommendation by
the Parks Board.
Section 4. FEES AND ASSIGNMENT
SBA shall not charge any fees for admission of spectators or request donations without prior
approval of the Parks and Recreation Board for any event, except as expressly permitted herein.
Only during the time SBA has permission to use the premises may SBA request a voluntary
donation for admission to events other than regularly scheduled league games. SBA agrees to
provide signs clearly indicating that donations are not required, and that donations are requested
only for the SBA activity then occurring on the premises. SBA shall not assign this agreement nor
shall it rent out any property of the CITY without prior written consent of the CITY.
SBA reserves the right to charge fees to teams outside of SBA to participate in tournaments. The
CITY reserves the right to establish fee structures as adopted by the CITY Council following a
recommendation by the Parks Board.
Section 5. UNLAWFUL ACTIVITIES
SBA shall not engage in any activities on the premises which are in violation of any existing state,
federal, local law or use the premises in such a manner as to constitute any hindrance for other
park patrons engaged in lawful activities.
SBA shall make reasonable efforts to ensure compliance with existing animal control regulations
by their organizational member participants during SBA activities.
SBA is required to comply with and support all posted facility signage and shall take reasonable
steps to notify their coaches and participants about violations and an expectation of enforcement
action on such matters including, but not limited to: illegal parking, animal violations, alcoholic
beverage violations, and disorderly conduct in an effort to seek voluntary compliance. SBA shall
immediately report any violations observed and not immediately corrected to on-duty park staff or
the Southlake Department of Public Safety when such acts create a nuisance, a risk to patrons, or
a threat of property damage.
Shana Yelverton, City Manager
February 26, 2007
Page 5
SBA shall advise all officials, coaches, participants, and organization members that any violations
of disorderly conduct or assaults are unacceptable and will not be tolerated. SBA agrees to assist
officials in maintaining order and good conduct and will assist in prosecution when applicable.
Section 6. PERMISSION FOR INSTALLATION OR CONSTRUCTION
SBA, in accordance with the CITY Donation Policy, shall submit for approval any proposal to install
or construct temporary or permanent structures, signs, equipment, or other related items.
Permanent structures shall become the property of the CITY. Nothing contained herein shall be
construed to prevent SBA and the CITY from entering into a separate agreement regarding
endorsements, or other activity not specifically regulated under this agreement.
Section 7. INDEMNITY
THE SBA AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY
THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN SBA
ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE SBA
UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT
CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS.
THE SBA 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 SBA HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE
FOR THE ACTIVITIES CONTEMPLATED BY THE SBA HEREUNDER. THE SBA 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 SBA SHALL IMMEDIATELY
DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY.
SBA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS,
OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY,
ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE
ARISING OUT OF THE ACTIVITIES OF THE SBA CONTEMPLATED HEREUNDER,
INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR
OMISSION COMMITTED BY SBA 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 PARAGRAPH XIII
OF THIS AGREEMENT.
Section 8. FOOD SERVICE
Shana Yelverton, City Manager
February 26, 2007
Page 6
If applicable, SBA shall ensure that all food or drink prepared, served, sold, or stored by or on
behalf of SBA in conjunction with any practice or game or on any facility covered under this
agreement complies with all CITY, state, county and federal laws. The CITY shall reserve the
right to enter into a separate Concession Agreement with SBA which shall automatically amend
this agreement accordingly.
Section 9. DOCUMENTS AND OFFICERS
SBA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations,
charters, constitution, and by-laws of SBA. Names, addresses and phone numbers of all officers
and board members of SBA shall also be submitted to the Parks and Recreation Division within
two weeks after election or appointment.
Southlake Parks and Recreation Division shall submit to SBA the names and phone numbers of all
appropriate contacts of the Parks and Recreation Division.
Section 10. ROSTERS AND SCHEDULES
The CITY reserves the right to utilize the premises when SBA activities are not scheduled. If SBA
fails to use the premises, or a portion thereof, generally consistent with season dates and on a
generally routine basis for its scheduled activities, the CITY may terminate or amend this
.
Agreement as appropriate or reallocate field use as the CITY may deem appropriate
An official final roster shall be submitted to the CITY at the same time as such official final roster is
submitted to SBA’s governing board or the last day of the season, whichever occurs first. The
CITY shall reserve the right to restrict access to practice fields, game fields or both until such
roster or schedule is received if beyond the periods stated herein.
REGULAR SEASON AND TOURNAMENT CALENDARS MUST BE SUBMITTED NOT LESS
THAN 14 DAYS PRIOR TO THE START OF THE SEASON OR THE TOURNAMENT. The
schedule for the use of fields must be submitted as soon as practical, but not less than 3
days prior to such scheduled use in order to allow for field preparation. The City reserves
the right to specify the form and format of the schedule information.
The CITY, through its Director or designee and SBA will develop a “Memorandum of
Understanding” to outline the details for special events or tournaments, provided, however, that in
the event of any conflict with this agreement, this agreement shall control. Such memorandum is
intended to clarify the details regarding operations by both the CITY and SBA.
Section 11. FIELD MANAGER
SBA shall furnish the Parks and Recreation Division the name(s) telephone number(s), and e-mail
address(es) of person(s) designated as field manager(s). It shall be the responsibility of the field
manager to meet with and discuss field conditions with a Parks and Recreation Division
representative. It shall also be the responsibility of the field manager to submit a work order form,
as outlined in Appendix C, to the Parks and Recreation Division to request any maintenance not
specifically mentioned within this agreement or any needed repairs or supplies. The SBA Field
Shana Yelverton, City Manager
February 26, 2007
Page 7
Manager shall meet before each season with the designated CITY representative to be briefed on
maintenance procedures and techniques. The work order form, Appendix C, may be modified from
time to time at the sole discretion of the CITY. Nothing contained herein shall prohibit the use of
electronic transmittal of the document when such procedures are approved by the CITY. The
determination as to the field maintenance and repair procedures to be conducted shall be at the
sole discretion of the CITY.
Section 12. COMMUNICATION
All substantial issues and conflicts shall be discussed between the Director of Community Services
or designee and the President of SBA or designee. Nothing contained herein is intended to limit
the ability of the City and SBA to govern their affairs, nor shall it limit the authority to request
recommendations by the Park Board or action by the City Council when applicable.
Section 13. INSURANCE
SBA, at its own expense, shall obtain and keep in force during the term of this agreement public
liability insurance as will protect SBA and CITY from all claims for damages to property and
persons, and such insurance policy shall carry 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 competitors in the organized athletic activity. The
insurance shall protect CITY from and against all liability for claims arising out of or in connection
with SBA’s use and occupation of the premises, and shall provide that such policy cannot be
cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be
issued by a company or companies of sound and adequate financial responsibility and authorized
to do business in Texas, acceptable to the CITY.
The type and minimum limit of liability insurance is as follows:
TYPE MINIMUM LIMIT
Comprehensive General $1,000,000 - Combined Single Limit
Public Liability Coverage For Bodily Injury and Property
Damage.
$1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage.
All insurance policies shall be subject to the examination and approval of the CITY Attorney for
Southlake, for their adequacy as to content, protection and named insurance company. SBA shall
furnish to CITY certificates of such insurance within (30) thirty days of the execution of this
Agreement or prior to the commencement of any activities by SBA at the CITY of Southlake Park
Facilities and CISD Athletic Facilities, whichever event occurs first. SBA understands and agrees
that it has the sole responsibility to provide this information and that failure to timely comply with
the requirements under the Article shall be cause for termination of this Agreement.
Insurance required by this Agreement for the CITY as additional named insured shall be primary
insurance and not contributing with any other insurance available to CITY under any third party
liability policy.
SBA further agrees that with respect to the above required insurance, the CITY shall:
Shana Yelverton, City Manager
February 26, 2007
Page 8
A. Be named as an additional insured or an insured, as its interest may appear.
B. Be provided with a waiver of subrogation, in its favor.
Section 14. FIELD USAGE FEE
SBA agrees to pay the CITY a field usage fee of $10.00 per player per season for the 2007
calendar year and $12.00 per player per season for the 2008 calendar year to help offset the costs
for lighting and maintaining fields in playing condition. The field usage fee adjustment in calendar
year 2008 shall apply based on continued improvements in turf and field conditions as provided by
the City.. This fee is due to the Southlake Parks and Recreation Division within two (2)
weeks after completion of the regular season. If the association is comprised of two or more
cities including the CITY of Southlake and as approved by the City Council, the fee shall be
multiplied by the percentage of total league games in a season played on CITY of Southlake fields.
The CITY may deny field access for either game fields or practice fields or both if such fee and
roster is not provided in a timely fashion as outlined herein.
The City may request an audit of SBA books at any time to validate the fee assessments.
Section 15. PUBLIC ADDRESS SYSTEM
No public address system may be used after 9:00 p.m. and SBA shall comply with the Noise
Ordinance at all times.
Section 16. COMMISSIONER
SBA agrees to provide a league representative on-site at each SBA organized league or
tournament game held on premises.
Section 17. EXHIBITS
The CITY and SBA agree that the exhibits attached to this Agreement are incorporated into this
Agreement as if set out in their entirety. Such exhibits may be modified in accordance with the
terms and conditions stated herein. A revised copy shall be provided to all parties. Exhibits
included are:
Appendix A – SBA Field Requirements
Appendix B – SBA Seasons and Hours
Appendix C – Request for maintenance / work order
Section 18. MAINTENANCE
Shana Yelverton, City Manager
February 26, 2007
Page 9
The Parks and Recreation Division (CITY) shall maintain all turf and ground areas to include
mowing, weed control, fertilizing and herbicide spraying.
The CITY shall perform all pre-season turf maintenance to include top dressing, aeration, and
fertilization.
The CITY shall prepare the fields by Fridays for the weekend. Additional field prep will be the
responsibility of SBA. If SBA needs weekend preparation by the CITY beyond what is provided
through the agreement and subject to availability of staff, a fee of $25.00 per hour/staff member
based on a minimum of 4 hours per staff member for two staff members will be charged for
preparation of the fields. Requests must be made no later than 2:00 p.m. on the Thursday prior to
the weekend.
The CITY shall provide line chalk/paint for completing markings only on fields maintained and
scheduled through the CITY. SBA shall provide line chalk/paint for its own additional uses and
may line fields as needed in addition to the above.
The CITY may permit members of SBA to limited access to and use of city-owned field
maintenance equipment for the purposes of SBA conducting field maintenance after regular work
hours and on weekends. Such access shall be at the sole discretion of the Director of Community
Services or designee and under mutually agreeable conditions. SBA agrees that no equipment
with electric or combustion engines shall be used by anyone other than those persons eighteen
(18) years of age or older and specifically trained by CITY staff in the proper use of such
equipment. SBA agrees to pay for any damage or repairs of malfunctions occurring during SBA
use of such equipment, whether by abuse or any other cause. The CITY agrees to permit SBA to
obtain and store their own equipment for such maintenance, subject to available storage space.
All such equipment shall be properly stored and secured within a maintenance facility when not in
use.
The CITY shall be responsible for the maintenance of all fences, shade covers, bleachers, lights
and restrooms. SBA shall ensure that participants take reasonable care of the facility to avoid
damage from intentional actions by its members. The CITY will install the appropriate game or
seasonal practice goals, nets, markers, bases, bleachers, and similar elements. SBA will install all
temporary daily special goals, nets, markers, flags and similar elements.
The CITY shall be responsible for the maintenance of any turf irrigation system and watering of the
fields. The CITY shall have the sole discretion to determine which facilities shall be irrigated.
SBA shall be responsible for daily practice and game day collection of all litter on their practice and
game fields to include playing areas, fences, bleachers, concession stands and adjacent grounds.
All litter shall be placed in the receptacles provided by the CITY. The CITY shall provide pick up for
these receptacles. Any overflow trash resulting from concession use should be placed in the
“dumpster” receptacle. IF WITHIN THE CITY’S JUDGEMENT SBA DOES NOT COMPLY WITH
LITTER COLLECTION, A NOTIFICATION LETTER WILL BE ISSUED BY THE CITY
REQUESTING IMMEDIATE COMPLIANCE. IF THE CITY DEEMS APPLICABLE, FURTHER
NON-COMPLIANCE WILL RESULT IN A FEE OF $25.00 PER HOUR/PER STAFF MEMBER
FOR LITTER CLEAN UP. SBA shall not be held responsible for field conditions following the
Shana Yelverton, City Manager
February 26, 2007
Page 10
approved use of such fields by the Director of Community Services for the CITY or designee for
any organization other than SBA.
The CITY may require additional temporary trash dumpsters and toilet facilities for special events
expected to draw larger than normal attendance. SBA shall be responsible for any direct costs
incurred for such events, including but not necessarily limited to dumpster rental, portable toilet
rental, security staff, and park staff required.
SBA shall be prohibited from performing any maintenance to any turf areas without permission
from the CITY.
SBA will provide all necessary maintenance equipment, used for its own purposes, not specifically
named in this Agreement.
SBA shall ensure that all field lights are turned off at the completion of all practices and games.
Under no circumstances should the lights be left on when fields are not in use. If SBA fails to do
so, they may be assessed a utility bill for the additional cost of electricity. The amount will be
determined based on the adopted fee schedule. The CITY will provide the Field Manager
necessary access to lights. SBA agrees to keep the lights secured when not in use by SBA.
CITY Ordnance No. 827, Chapter 12, Section 12-32 paragraph 17 states that 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 field which has been designated as a closed field and has
posted thereon a sign stating “Closed Field – Do not trespass on this field $250 - $500 Fine.”
Section 19. FIELD INSPECTION AND CLOSURE
Reasons for Athletic Field Closure or Postponement
Raining at game time.
Playing field too wet.
Athletic Fields need to be closed in the interest of participant safety and/or preservation of good
playing surfaces. Such conditions shall include, but are not limited to, dangerous weather and
lightning conditions present.
Not within the regular season or tournament dates/times as approved.
CITY Procedures for Athletic Field Closures
Weekdays - The CITY will inspect Athletic Fields by 1:00 p.m. and will, as a means of
communication, list any closing on the CITY field information line (817-481-1596). The Parks
Supervisor or his designee will have the final responsibility for canceling games with regards to
field conditions for weekday games. If the conditions are marginal, the field information may
include a notice that such conditions are subject to change with an updated notification by 3:00
p.m. After games have begun and inclement weather becomes a factor, SBA officials shall follow
the same guidelines as CITY staff for deciding cancellation or postponement.
Shana Yelverton, City Manager
February 26, 2007
Page 11
Weekends - The Parks Supervisor or designee will monitor the weather and field conditions for
weekend field use. If conditions exist that may require closure of the fields, the Parks Supervisor
or designee will consult with the appropriate SBA Field Manager, Commissioner, or their delegate
about the status of the field(s) by 7:00 a.m. Saturday and Sunday morning. Status for Saturday
and Sunday p.m. games may be reevaluated at the discretion of the Parks Supervisor or designee
at 11:30 a.m. and the field decision will be made prior to noon that day. The field information line
will also be updated by 7:00 a.m. for Sunday a.m. and by Noon for the p.m. games. The SBA Field
Manager will be notified immediately of any field closures. After games have begun and
inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding
cancellation or postponement.
The City will coordinate with SBA on any notification systems, including such notification in person,
by telephone, by pager, by email, by special flags or signage, or any other means of
communication and notification system and procedure approved by the CITY.
CITY Staff Guidelines for Implementation
1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions
rests with the Parks Supervisor.
2. In the Parks Supervisor’s absence, the appropriate Park Division designee shall make the decision
concerning Athletic Field Closures.
3. SBA shall be responsible for any damage created by play taking place on a field that was closed
due to field conditions.
Notifications
1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the participants
about the field closure decision.
(817-481-
2. The CITY staff will place notification of field conditions on the "field condition" phone line
1596) by 1:00 p.m. on weekdays and 7:00 a.m. on weekends
when activities are scheduled.
The information line phone number is subject to change. The CITY will provide SBA with revisions.
3. The Parks Supervisor must receive a minimum of 24 hours prior notification during normal
business hours for any request to reschedule games that requires field preparation or action by
If 24-hour notice is not received the field may not be prepared for use.
park staff.
4. If a game is canceled due to rain, that game cannot be moved to another field without the approval
of the Parks Supervisor or his designee if such action requires field preparation or action by park
staff or if such field is closed for maintenance purposes.
Section 20. CONCESSIONS
Shana Yelverton, City Manager
February 26, 2007
Page 12
The CITY may allocate specific vending facilities for use by SBA. Such allocations of facilities are
at the sole discretion of the CITY.
SBA may utilize the beverage or food vendor of their choice until such time as the CITY enters into
an agreement for the provision of a specific vendor or vended item(s) for a park or facility utilized
by SBA. The CITY shall provide thirty (30) days notice to SBA regarding the effective date of such
an agreement and SBA agrees that it will cease using any other vendor and will cease selling any
vended items which would be incompatible with the CITY vender’s agreement.
SBA shall at all times during the duration of this agreement maintain the inside of the concession
stands and shall be responsible for all fixtures, appliances, and all equipment necessary for
storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner com-
mensurate with similar CITY facilities in compliance with CITY, County and State statutes and
ordinances and acceptable to applicable agencies. The CITY shall be responsible for all
maintenance and repairs to the permanent physical structure of the building, such as electrical
wiring, plumbing, and other structural components.
SBA shall be subject to pass an annual inspection at the concession stand by the Tarrant County
Health Department. The Association is also responsible for any Health Department Certificates
and the posting of such certificates in the concession stand.
SBA shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, con-
tainers, litter, etc., generated by the concession stand. Adequate trash receptacles shall be
furnished by the CITY.
SBA shall be responsible for the installation, maintenance and service of telephones and public
address systems. All utility and communication lines will be installed below ground. Written
permission must be received from the CITY prior to any installations or repairs of utility and
communication lines. Monthly telephone bills will be the responsibility of the Association.
SBA shall be responsible for keeping on only the essential appliances during non-operating hours.
Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be
turned off when not in use. SBA shall be responsible for the upkeep and maintenance of SBA
owned equipment. SBA waives any claim against the CITY for loss of or damage to equipment or
inventory stored in storage area or in the concession stand.
The purchase, maintenance and operation of vending equipment shall be the responsibility of SBA
with the exception of any equipment purchased in part by the CITY which shall then be owned in
full and maintained by the CITY.
SBA shall be responsible for securing insurance for any inventory owned by the Association. The
CITY will not allow unsupervised admission to the concession stand during non use hours by SBA.
The CITY will furnish SBA appropriate keys, access codes, or other access items to permit SBA
access to the concession stand. SBA agrees to not duplicate keys or issue access codes to
anyone without the expressed authority of the CITY.
Shana Yelverton, City Manager
February 26, 2007
Page 13
The CITY shall be responsible for all water and electric bills for the concession stand.
The CITY shall be responsible for underground utility line and pipes leading to and from the
concession stand. The CITY is responsible for the building structure of the concession stand. The
CITY shall be responsible for any mechanical maintenance or repairs on CITY owned equipment
within the concession stand.
The CITY reserves the right to utilize the concession stand when not in use by SBA. CITY agrees
to provide 48-hours notice to SBA prior to such use.
Modifications to the structure are strictly prohibited without the express written consent of
the Director of Community Services. This includes, but is not limited to, screws, bolts, or
anchors in walls, additional fixtures, counter top changes, and the mounting of items from
the ceilings.
Section 21. SAFETY AND SECURITY
SBA agrees to comply with safety and security requirements implemented by the CITY and
designed to protect both the facility and the users.
The CITY may install lightning prediction or detection system at any of the park facilities. When
any warning notice is given indicating the presence of lightning within the parameters set by the
instrumentation, SBA shall immediately evacuate the fields and instruct persons to take
appropriate shelter.
The CITY may install an emergency warning notification system for impending hazardous
situations (tornado warnings, hail, chemical spills, etc.). SBA agrees to comply with the notification
warning system. When any warning notice is given under these conditions, SBA shall immediately
evacuate the fields and instruct persons to take appropriate shelter.
The CITY may install a camera system for purposes of maintenance and security.
SBA agrees to use the lock and security system as outlined by the CITY. Such system may
include combination locks, electronic locks, magnetic locks, or any other system determined by the
CITY to be appropriate.
Section 22. DEFAULT
If either party, CITY or SBA, violates any term of this Agreement, either party may find the other in
default and terminate the Agreement. Any termination will be made with a thirty (30) day notice
and the right to cure within ten (10) days.
Section 23. JOINT EFFORTS
Shana Yelverton, City Manager
February 26, 2007
Page 14
This agreement was prepared by the joint efforts of the parties to the agreement, and will be
construed according to its ordinary meaning, and shall not be construed for or against either party
based upon authorship.
Section 24. NOTICE
The addresses of the parties for notice purposes are as follows:
City of Southlake
Director of Community Services
400 North White Chapel
Southlake, Texas 76092
SBA
President
P.O. Box 92671
Southlake, Texas 76092
Section 25. NO AGENCY RELATIONSHIP
SBA agrees and understands that nothing in this agreement shall be construed to make the SBA
an agent of the CITY, that the SBA shall at all times be an independent association, and that the
City is not directing the manner of the activities of the SBA, and the SBA shall not represent to any
person or participant that its activities are sponsored, in whole or in part, by the CITY.
This Agreement is made and entered into on the__________day of ___________,
2007.
CITY of SOUTHLAKE
_____________________________ by:___________________________
Lori Farwell, CITY Secretary Andy Wambsganss, Mayor
CITY of Southlake
_____________________________ ____________________________
Approved as to form President
CITY Attorney Southlake Baseball Association
This Agreement approved by the Board of Directors, Southlake Baseball Association, and entered
into the minutes of the Board meeting held ______________, 20___.
_____________________________
Secretary
Southlake Baseball Association
SOUTHLAKE BASEBALL ASSOCIATION
APPENDIX "A"
Shana Yelverton, City Manager
February 26, 2007
Page 15
2007 FIELD REQUIREMENTS
SPRING 2007
Division Opening Estimated League Weeks of Weeks of Practices per Week
Day Teams Games Season Tournament
SHETLAND
PINTO
MUSTANG
BRONCO
PONY
COLT
:
FIELD REQUIREMENTS
Fields Practice Dates Game Dates
Bicentennial #1
Bicentennial #2
Bicentennial #3
Bicentennial #4
Bicentennial #5
Bicentennial #6
Bicentennial #7
Bicentennial #8
Bicentennial #9
Bicentennial #10
Durham #2
Bicentennial Practice Fields
(2 Backstops)
Chesapeake Park Backstop
Koalaty Park
Field #1 and #2
Southlake Sports Complex
Field #2 and #3
Old Union Elementary Backstop
FALL 2007
Shana Yelverton, City Manager
February 26, 2007
Page 16
Division Opening Estimated League Weeks of Weeks of Practices per Week
Day Teams Games Season Tournament
SHETLAND
PINTO
MUSTANG
BRONCO
PONY
COLT
FIELD REQUIREMENTS:
Fields Practice Dates Game Dates
Bicentennial #1
Bicentennial #2
Bicentennial #3
Bicentennial #4
Bicentennial #5
Bicentennial #6
Bicentennial #7
Bicentennial #8
Bicentennial #9
Bicentennial #10
Durham #2
Bicentennial Practice Fields
(2 Backstops)
Chesapeake Park Backstop
Koalaty Park
Field #1 and #2
Southlake Sports Complex
Field #2 and #3
Old Union Elementary Backstop
**Note – Please fill in the information above and initial below.
SOUTHLAKE BASEBALL ASSOCIATION
SBA Initial ________
APPENDIX "B"
Shana Yelverton, City Manager
February 26, 2007
Page 17
SEASON AND HOURS
SPRING 2007FALL 2007
Practice Begins
Opening Day:
Bronco, Pony, Shetland
Pinto, Mustang
Colt,
End of Regular Season
Tournaments
The seasons of this Agreement shall be Spring Season (February 12 – May 26), Fall Season
(August 27 – November 10) and tournaments on the days of Monday through Sunday as shown on
Appendix B – SBA Seasons and Hours. SBA agrees that it shall not begin premises usage before
4:00 p.m. on weekdays or 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays, and shall cease
premises usage (includes games and practices) by 10:00 p.m. on Sunday through Thursday, and
by 11:00 p.m. on Friday and Saturday. Lights will be turned out at 10:30 p.m. on Sunday through
Exception: Times for usage of lights and
Thursday, and 11:30 p.m. on Friday and Saturday.
fields may be modified for tournament play with prior notification and permission from the
Director of Community Services.
The General Schedule for the seasons and tournaments shall be included in Appendix B. The
seasons and tournament dates may be adjusted from time to time based upon mutual agreement
of the CITY and SBA. The CITY shall make a good faith effort to coordinate with SBA in
determining the most appropriate premises and field use dates as set out in Appendix B. Such
dates are subject to the approval of and modification by the CITY.
Shana Yelverton, City Manager
February 26, 2007
Page 18
Appendix C