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Item 5Gake, Texas MEMORANDUM January 13, 2004 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services (x. 1527) SUBJECT: City Council approval to temporarily extend the existing Facility Utilization Agreements with the youth sports associations to end no later than March 31, 2004 Action Requested: City Council approval to temporarily extend the existing Facility Utilization Agreements with the youth sports associations to end no later than March 31, 2004. Background Information: The Facility Utilization Agreements between the City and the youth sports associations (GSSA, SGSA, SBA, SCLA) provides the framework under which soccer, baseball, lacrosse, and girls softball utilize City and joint use facilities. Staff is presently working with the associations to address a number of modifications to the proposed agreements in an effort to provide a more complete, consistent, and effective document. A variety of areas including, but not limited to, facility usage schedules, term renewal, and maintenance schedules still require further review and discussion. Extending the expiration dates allows a continuation of the sports association programs while we continue to collaborate on document modifications. Staff anticipates final agreements available for presentation to the Parks Board and City Council for review and approval prior to the proposed extension deadline of March 31, 2004. Financial Considerations: Not applicable. Financial Impact: Not applicable. Citizen Input/ Board Review: The Parks Board recommended approval (8 -0) at their January 12, 2004 meeting to extend the existing Facility Utilization Agreements with the youth sports associations to end no later than March 31, 2004. The proposed extension of the 2003 Facility Utilization Agreements contains no substantive changes excluding appropriate date revisions. Billy Campbell, City Manager January 13, 2004 Page 2 Staff anticipates meeting with representatives from the Southlake Baseball Association (SBA), Southlake Girls Softball Association (SGSA), Grapevine Southlake Soccer Association (GSSA), and the Southlake Carroll Lacrosse Association (SCLA) over the next several weeks to discuss various modifications to the agreements. Legal Review: The 2003 FUA Agreements were previously reviewed by the City Attorney and additional review is not applicable at this time. Alternatives: Alternative(s) may include: • City Council approval as submitted. • City Council input as desired. • City Council decision to not approve. Supporting Documents: Supporting documents include copies of the 2003 Facility Utilization Agreements with appropriate date changes. Staff Recommendation: City Council approval to temporarily extend the existing Facility Utilization Agreements with the youth sports associations to end no later than March 31, 2004. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2003 FACILITIES UTILIZATION AGREEMENT (AMENDED) The parties to this agreement are the City of Southlake, Texas, herein called "City ", and the Grapevine - Southlake Soccer Association, herein called "GSSA ". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "C ", GSSA Field requirements. GSSA shall provide field requirements and dates for Spring and Fall to City at least 90 days prior to opening day of a season. Facilities in Exhibit "C" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and tournaments on the days of Monday through Sunday, with each facility usage to not begin before 4:00 p.m. on weekdays or 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays. GSSA agrees to stop play (includes games and practices) by 10:00 p.m. on Sunday thru Thursday, and 11:00 p.m. on Friday and Saturday. Lights will be turned out respectively at 10:30 p.m. on Sunday thru Thursday, and 11:30 p.m. on Friday and Saturday. Exception: Times for usage of lights may be extended for tournament play with prior notification and permission from the Director of Community Services. The following are approximate dates for significar Spring Practice Begins February 9, 2004 Opening Day February 28, 2004 End of Regular Season May 23, 2004 Tournament Play May it activities: Fall August 23, 2004 September 4, 2004 November 20, 2004 Mid December The facilities provided by this Agreement are herein called "Premises." III. TERM This agreement will be effective the date signed by the Mayor and will terminate no later than March 31, 2004. At the City's option and mutual agreement with GSSA, the contract will be automatically renewed annually for a period of twelve (12) months. If the City exercises the right in writing, GSSA shall update and submit any documents required during the initial solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. The documents, if applicable, will include, but are not limited to, proof of insurance, league start and end dates, amendments to agreement, etc. Substantial amendments to this agreement must be approved by City Council. IV. FEES AND ASSIGNMENT GSSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) GSSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. GSSA agrees to provide signs clearly indicating donations are requested only for the GSSA activity occurring on Premises. Access to other Premises activities shall be clearly available. GSSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES GSSA 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. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION GSSA, in accordance with the City's 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. GSSA is allowed a maximum of two (2) signs listing GSSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet X 8 feet). VII. INDEMNITY GSSA 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 ANY NEGLIGENT ACT OR OMISSION COMMITTED BY GSSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTIOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANYGOVERNMENTAL 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 XII OF THIS AGREEMENT. VIII. FOOD SERVICE GSSA shall ensure that all food or drink prepared, served, sold, or stored complies with all city, state, county and federal law. IX. DOCUMENTS AND OFFICERS GSSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by -laws of GSSA. Names, addresses and phone numbers of all officers and board members of GSSA 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 GSSA the Names, addresses and phone numbers of all appropriate contacts of the Parks and Recreation Division. X. ROSTERS AND SCHEDULES GSSA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for the season. The rosters shall be submitted within two weeks after completion of registration and the full schedule shall be submitted at least one week prior to the first regular season game. TOURNAMENT SCHEDULES MUST BE SUBMITTED NOT LESS THAN 14 DAYS PRIOR TO THE TOURNAMENT. XI. FIELD MANAGER GSSA shall furnish the Parks and Recreation Division the name(s) and telephone number(s) 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 to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The GSSA Field Manager shall meet before each season with the designated City representative to be briefed on maintenance procedures and techniques. XII. COMMUNICATION All substantial issues and conflicts shall be discussed between the Director of Community Services and President of GSSA or their designee. XIII. INSURANCE GSSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect GSSA 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 GSSA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. 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. GSSA 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 GSSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. GSSA 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. GSSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XIV. FIELD USAGE FEE GSSA agrees to pay the City a field usage fee to help offset the costs for lighting and maintaining fields in playing condition. The fee will be assessed at a per season rate of $8.00 per GSSA participant multiplied by the percentage of total league games in a season played on City of Southlake fields. The fee is due to the Southlake Parks and Recreation Division within (2) weeks after completion of each season. XV. COMMISSIONER GSSA agrees to provide a league representative on -site at each GSSA organized league or tournament game held on premises. XVI. EXHIBITS The City and GSSA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. GSSA FIELD REQUIREMENTS "C" 2003 Field Requirements 4. CONCESSION STAND "D" 2003 Concession Agreement XVII. SCHEDULING The City reserves the right to utilize the premises when GSSA activities are not scheduled. If GSSA fails to use the premises for its scheduled activities, the City may terminate this Agreement. XVIII. DEFAULT If either party, City or GSSA, 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. XIX. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the 2004. day of , CITY of SOUTHLAKE Lori Farwell, City Secretary by: Approved as to form City Attorney Andy Wambsganss, Mayor City of Southlake Jeff Eberhart, President Grapevine - Southlake Soccer Association This Agreement approved by the Board of Directors, Grapevine - Southlake Soccer Association, and entered into the minutes of the Board meeting held 081 Secretary Grapevine - Southlake Soccer Association EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre- season turf maintenance to include top dressing, aeration, and fertilization. . 3. The City shall prepare the fields on Fridays for the weekend. Additional field prep will be the responsibility of GSSA. If GSSA needs weekend preparation by the CITY beyond what is provided through the agreement, a fee of $15.00 per hour /staff member 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 game. 4. The City shall provide line chalk /paint for completing markings only on fields maintained and scheduled through the City. GSSA shall provide line chalk /paint for its own additional uses and may line fields as needed in addition to the above. 5. The City shall be responsible for the maintenance of all goals, bleachers, and restrooms. 6. The City shall be responsible for the maintenance of any turf irrigation system and watering of the field. 7. The City will install and maintain goals including the set up and removal of goal nets. The GSSA is responsible for the set up and removal of corner flags for all practices and games. 8. GSSA shall be responsible for daily practice and game day collection of all litter on their 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 GSSA DOES NOT COMPLY WITH LITTER COLLECTION A NOTIFICATION LETTER WILL BE ISSUED BY THE CITY REQUESTING IMMEDIATE COMPLIANCE. IF THE CITY DEEMS, FURTHER NON - COMPLIANCE WILL RESULT IN A FEE OF $15.00 PER HOUR /PER STAFF MEMBER FOR LITTER CLEAN UP. 9. GSSA shall be prohibited from performing any maintenance to any turf areas without permission from the City. 10. GSSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this Agreement. 11.GSSA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. Under no circumstances should the lights be left on when fields are not in use. If GSSA 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. 12. 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 ". EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The CITY will inspect Athletic Fields by 3:00 p.m. and will, as a means of communication, list any closing on the CITY rain -out 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. 2. After games have begun and inclement weather becomes a factor, GSSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) The Parks Supervisor or his designee will monitor the weather and field conditions and consult with the appropriate GSSA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:00 a.m. Saturday morning. Status for Saturday p.m. games may be reevaluated at the discretion of the Parks Supervisor at 11:30 a.m. and the field decision will be made prior to Noon Saturday. The rain - out line will also be updated by 7 a.m. for Sunday games. The GSSA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, GSSA officials shall follow the same guidelines for deciding cancellation or postponement. 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.\ Notifications 1. The appropriate GSSA Field Manager has the responsibility to notify the GSSA and the participants about the field closure decision. 2. The CITY staff will place notification of field conditions on the "field condition" phone line (817- 481 -1596) by 3:00 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 GSSA with revisions. 3. The Parks Supervisor must receive a minimum of 24 hours prior notification during normal business hours any request to reschedule games.. If 24 hour notice is not received the field may not be prepared for use. 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. 5. Associations are required to comply with and enforce all posted facility signage. EXHIBIT "C" 2004 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U4 2/28/04 14 8 8 N/A 1 U5 2/28/04 40 8 8 N/A 1 U6 2/28/04 38 8 8 N/A 1 U7G 2/28/04 10 8 8 N/A 1 U713 2/28/04 22 8 8 N/A 1 U8G 2/28/04 12 8 8 1 1 U813 2/28/04 20 8 8 1 1 U9G 2/28/04 14 10 10 1 2 U913 2/28/04 14 10 10 1 2 U 10G 2/28/04 12 10 10 1 2 U10B 2/28/04 10 10 10 1 2 U 11 G 2/28/04 6 10 10 1 2 U 11 B 2/28/04 6 10 10 1 2 U 12G 2/28/04 4 10 10 1 2 U 12 B 2/28/04 4 10 10 1 2 U 13G 2/28/04 3 10 10 1 2 U13B 2/28/04 3 10 10 1 2 U 14G 2/28/04 2 10 10 1 2 U 14M 2/28/04 2 10 10 1 2 U 15G 2/28/04 1 10 10 1 2 U15B 2/28/04 1 10 10 1 2 U 16G 2/28/04 1 10 10 1 2 U16B 2/28/04 1 10 10 1 2 U 17G 2/28/04 1 10 10 1 2 U17B 2/28/04 1 10 10 1 2 U 18G 2/28/04 1 10 10 1 2 U18B 2/28/04 1 10 10 1 2 U 19G 2/28/04 1 10 10 1 2 U19B 2/28/04 2 10 10 1 2 => Estimated Number of Participants Overall: => No games scheduled: FIELD REQUIREMENTS -- SPRING: Fields Practice Dates Game Dates Bob Jones Park Soccer Fields 2/9/04 — 5/23/04 2/28/04 Carroll Elementary School Soccer Practice Area 2/9/04 — 5/23/04 No games Johnson Elementary School Soccer Practice Area 2/9/04 — 5/23/04 No games St. Martins Practice Fields # 1 and # 2 2/9/04 — 5/23/04 No games Old Union Soccer Practice Area 2/9/04 — 5/23/04 No games Eubanks South Fields 2/9/04 — 5/23/04 No games Durham Elementary #1 and #2 2/9/04 — 5/23/04 No games Rockenbaugh Elementary School 2/9/04 — 5/23/04 No games => Tournament Play: May EXHIBIT "C" 2004 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U5 9/4/04 44 8 8 N/A 1 U6 9/4/04 42 8 8 N/A 1 U7G 9/4/04 12 8 8 N/A 1 U713 9/4/04 24 8 8 N/A 1 U8G 9/4/04 14 8 8 1 1 U 8 B 9/4/04 22 8 8 1 1 U9G 9/4/04 16 10 10 1 2 U 9 B 9/4/04 16 10 10 1 2 U 10G 9/4/04 12 10 10 1 2 U 10 B 9/4/04 6 10 10 1 2 U 11 G 9/4/04 6 10 10 1 2 U 11 B 9/4/04 4 10 10 1 2 U 12G 9/4/04 4 10 10 1 2 U 12 B 9/4/04 3 10 10 1 2 U 13G 9/4/04 3 10 10 1 2 U 13 B 9/4/04 2 10 10 1 2 U 14G 9/4/04 2 10 10 1 2 U 14M 9/4/04 1 10 10 1 2 U 15G 9/4/04 1 10 10 1 2 U 15 B 9/4/04 1 10 10 1 2 U 16G 9/4/04 1 10 10 1 2 U16B 9/4/04 1 10 10 1 2 U 17G 9/4/04 1 10 10 1 2 U17B 9/4/04 1 10 10 1 2 U 18G 9/4/04 1 10 10 1 2 U 18 B 9/4/04 1 10 10 1 2 U 19G 9/4/04 1 10 10 1 2 U 19 B 9/4/04 2 10 10 1 2 => Estimated Number of Participants Overall: 2822 => No Games schedule on the following dates: FIELD REQUIREMENTS - -FALL Fields Practice Dates Game Dates Bob Jones Park Soccer Fields 8/23/04 — 11/20/04 9/4/04 — 11/20/04 Carroll Elementary School Soccer Practice Area 8/23/04 — 11/20/04 No games Johnson Elementary School Soccer Practice Area 8/23/04 — 11/20/04 No games St. Martins Practice Fields # 1 and # 2 8/23/04 — 11/20/04 No games Old Union Soccer Practice Area 8/23/04 — 11/20/04 No games Eubanks South Fields 8/23/04 — 11/20/04 No games Durham Elementary #1 and #2 8/23/04 — 11/20/04 No games Rockenbaugh Elementary School 8/23/04 — 11/20/04 No games => Tournament Play Mid December EXHIBIT D 2003 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the CITY of Southlake, Texas, herein called "CITY ", and the Grapevine Southlake Soccer Association, herein called "GSSA." The parties agree and understand to the following: 1. The "EXHIBIT D - 2003 Concessions Agreement" is for the concession stand located at the soccer fields at Bob Jones Park, 3975 North White Chapel. 2. The term of this agreement shall coincide with the 2004 Facilities Utilization Agreement between the City and GSSA. 3. GSSA may utilize the beverage, food, service vendor of their choice on an interim basis until such time as the City enters into an agreement for the provision of a specific vended item for Bob Jones Park. The City shall provide thirty (30) days notice to GSSA regarding the effective date of such an agreement and GSSA agrees that it will cease selling any other corresponding vended items other than those that are provided for in the City approved agreement. 4. GSSA 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 commensurate 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. 5. GSSA shall be subject to pass an annual inspection at the Bob Jones Park 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. 6. GSSA shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand. Adequate trash receptacles shall be furnished by the City. 7. GSSA 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. 8. GSSA 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. GSSA shall be responsible for the upkeep and maintenance of GSSA owned equipment. GSSA waives any claim against the CITY for loss of or damage to equipment or inventory stored in storage area or in the concession stand. 9. The purchase, maintenance and operation of vending equipment shall be the responsibility of GSSA with the exception of any equipment purchased in part by the City which shall then be owned in full and maintained by the City. 10. GSSA 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 GSSA. 11. The CITY will furnish GSSA one key to the concession stand. GSSA must keep a log listing the recipients of any duplicate concession stand keys that are issued. 12. The CITY shall be responsible for all water and electric bills for the concession stand. 13. 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. 14. The CITY reserves the right to utilize the concession stand when not in use by GSSA. CITY agrees to provide 48 hours notice to GSSA prior to such use. 15. 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. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2003 FACILITIES UTILIZATION AGREEMENT (AMENDED) The parties to this agreement are the City of Southlake, Texas, herein called "CITY ", and the Southlake Baseball Association, herein called "SBA ". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES The CITY agrees to provide game fields and practice fields as defined by Exhibit "D ", SBA Field requirements. SBA shall provide field requirements and dates for Spring and Fall seasons to CITY at least 30 days prior to opening day of a season. Facilities in Exhibit "D" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and All Stars on the days of Monday through Sunday, with each facility usage to not begin before 4:00 p.m. on weekdays or 8:30 a.m. on Saturdays, and 12:00 p.m. on Sundays. SBA agrees to stop play (includes games and practices) by 10:00 p.m. on Sunday thru Thursday, and 11:00 p.m. on Friday and Saturday. Lights will be turned out respectively at 10:30 p.m. on Sunday thru Thursday, and 11:30 p.m. on Friday and Saturday. Exception: Times for usage of lights may be extended for tournament play with prior notification and permission from the Director of Community Services. The following are approximate dates for significant activities: Coach Look Practice Begins Opening Day: Bronco, Pony, Shetland Pinto, Mustang Colt, End of Regular Season All Stars Spring January 24, 2004 February 16, 2004 March 22, 2004 May 26, 2004 June /July Fall September 6, 2004 September 14, 2004 September 27, 2004 November 2, 2004 N/A The facilities provided by this Agreement are herein called "Premises." 1111111111111111OW11 This agreement will be effective the date signed by the mayor and will terminate no later than March 31, 2004. At the City's option and mutual agreement with SBA, the contract will be automatically renewed annually for a period of twelve (12) months. If the City exercises the right in writing, SBA shall update and submit any documents required during the initial solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. The documents, if applicable, will include, but are not limited to proof of insurance, league start and end dates, amendments to the agreement, etc. Substantial amendments to this agreement must be approved by City Council. IV. FEES AND ASSIGNMENT SBA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SBA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SBA agrees to provide signs clearly indicating donations are requested only for the SBA activity occurring on Premises. Access to other Premises activities shall be clearly available. SBA shall not assign this agreement nor shall it rent out any property of the CITY without prior written consent of the CITY. V. 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. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SBA, in accordance with the City's Donation Policy shall submit for approval of any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. SBA is allowed a maximum of two (2) signs per field listing SBA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet X 8 feet). A pennant style sign will be allowed on each field that lists the previous years season winners. The sians are not to exceed the size of (3 feet X 5 feet). VII. INDEMNITY 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 ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SBA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTUOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. 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 XII OF THIS AGREEMENT. VIII. FOOD SERVICE SBA shall ensure that all food or drink prepared, served, sold, or stored complies with all CITY, state, county and federal law. See attachment "E" for concession stand uses. IX. DOCUMENTS AND OFFICERS SBA shall submit to the 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, addresses and phone numbers of all appropriate contacts of the Parks and Recreation Division. X. ROSTERS AND SCHEDULES SBA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for the season. The rosters shall be submitted within two weeks after completion of registration and the full schedule shall be submitted at least one week prior to the first regular season game. TOURNAMENT SCHEDULES MUST BE SUBMITTED NOT LESS THAN 14 DAYS PRIOR TO THE TOURNAMENT. XI. FIELD MANAGER SBA shall furnish the Parks and Recreation Division the name(s) and telephone number(s) 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 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 Manager shall meet before each season with the designated City representative to be briefed on maintenance procedures and techniques. XII. COMMUNICATION All substantial issues and conflicts shall be discussed between the Director of Community Services and the President of SBA or their designee. XIII. 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. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000- Combined Single Limit Coverage Public Liability 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 Office of the CITY Manager for Southlake, for their adequacy as to content, protection and named insurance company. SBA shall furnish to CITY copies of such insurance policies 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, whichever comes 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 this Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured or an 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: 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. SBA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. XIV. FIELD USAGE FEE SBA agrees to pay the CITY a non - refundable field usage fee of $8.00 per player per season to help offset the costs for lighting and maintaining fields in playing condition. This fee is due to the Southlake Parks and Recreation Division within three (3) weeks after completion of regular registration. XV. PUBLIC ADDRESS SYSTEM No Public address system may be used after 8:00 p.m. XVI. COMMISSIONER SBA agrees to provide a league representative on -site at each SBA organized league or tournament game held on the premises. XVII. 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. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" CITY Storage Location Assignments 4. SBA FIELD REQUIREMENTS "D" 2003 Field Requirements 5. Concession Stand "E" 2003 Concession XVIII. SCHEDULING The CITY reserves the right to utilize the premises when SBA activities are not scheduled. If SBA fails to use the premises for its designated and scheduled activities, the CITY may terminate Agreement. XIX. 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 after providing written notice to the party in default. XX. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of 2004. CITY of SOUTHLAKE by: Lori Farwell, CITY Secretary Andy Wambsganss , Mayor CITY of Southlake Approved as to form CITY Attorney Keith Metzger, President 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 EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The CITY shall maintain the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The CITY shall perform all pre- season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The CITY shall build the pitcher's mound if needed. The CITY shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The CITY will drag and line the fields for the initial games Monday- Saturday. All other games will be the responsibility of SBA. SBA shall chalk and stripe as required during weekend games. If SBA needs weekend preparation by the CITY beyond what is provided through the agreement, a fee of $15.00 per hour /per staff member will be charged. Requests must be made no later than 2:00 p.m. on the Thursday prior to the game. 4. SBA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SBA. This includes but is not limited to sprinklers heads, bases, base plugs, base anchors, quick couplers, and the outfield grass apron. 5. All equipment used by SBA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. 6. The CITY shall mark all foul lines. 7. The CITY shall maintain all backstops, fences, and gates. SBA will ensure that the fencing will not be used for warm -up hitting causing damage. SBA will ensure that soft toss will not be allowed except in designated soft toss areas. SBA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on Pitcher's mound, batting cage or against pitching practice fence only. Damage to fencing as a result of warm up hitting, soft toss, or other activities may result in SBA being responsible for payment of any repair to damaged fencing. 8. The CITY shall maintain all bleachers and dugout. SBA shall be responsible for providing locks and chains for all dugouts. SBA shall also provide two (2) sets of keys to the Parks Supervisor. 9. The CITY shall provide and maintain all area and ball field lighting systems. 10.The CITY shall be responsible for the maintenance of any infield irrigation system and watering of the infield. The CITY shall be responsible for the maintenance of any outfield irrigation systems and watering of the outfield areas. 11. The CITY shall maintain the rest rooms in a sanitary condition. 12.The CITY shall be responsible for all scoreboards and the lines leading to the scoreboards. SBA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SBA. 13.The CITY shall provide and install the home plate and base plugs and anchors. Any base plugs lost will be replaced by SBA. 14.SBA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. 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, FURTHER NON - COMPLIANCE WILL RESULT IN A FEE OF $15.00 HOUR /PERSON FOR LITTER CLEAN UP. All litter shall be placed in the receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. 15.SBA is prohibited from performing any maintenance to any turf or infield areas (except as stated in #3, 4, 5 above), without permission from the CITY. 16.SBA shall ensure that all secured areas remain locked and /or are locked at the completion of each activity. SBA shall chain gates to the fields after the conclusion of all practices and games. The CITY will provide the Field Manager keys necessary for emergency access to main gate(s) and to all field gates. 17. SBA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. 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 keys necessary for access to all light switches. 18. The CITY shall maintain all fencing associated with batting cages and SBA will maintain and secure all nettina. 19.SBA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. 20.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 ". EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) The CITY will inspect Athletic Fields by 3:00 p.m. and will, as a means of communication, list any closing on the CITY rain -out 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. 2. After games have begun and inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) The Parks Supervisor or his designee will monitor the weather and field conditions and consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:00 a.m. Saturday morning. Status for Saturday p.m. games may be reevaluated at the discretion of the Parks Supervisor at 11:30 a.m. and the field decision will be made prior to Noon Saturday. The rain - out line will also be updated by 7 a.m. for Sunday games. The SBA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 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 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. 3. The CITY staff will place notification of field conditions on the "field condition" phone line (817- 481 -1596) by 3:00 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 any request to reschedule games.. If 24 hour notice is not received the field may not be prepared for use. 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. 5. Associations are required to comply with and enforce all posted facility signage. EXHIBIT "C" STORAGE FACILITIES AGREEMENT SBA shall have use of the storage area located at 450 W. Southlake Blvd. in the concession building. This storage area will be shared with Southlake Parks and Recreation. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. The CITY will check out a key to SBA at the beginning of the season and the key must be returned to the Parks and Recreation office within the first week after the conclusion of the season. 4. CITY storage areas are reserved for CITY purposes only and access is limited to CITY personnel. 5. SBA waives any claim against the CITY for loss of or damage to equipment stored in storage area. EXHIBIT "D" 2004 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week SHETLAND 3/22/04 20 10 10 8 2 PINTO 3/22/04 25 14 10 8 2 MUSTANG 3/22/04 21 14 10 8 2 BRONCO 3/22/04 16 14 10 8 2 PONY 3/22/04 11 14 10 8 2 COLT 3/22/04 2 14 10 8 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #4 N/A 03/22/04- 05/26/04 Bicentennial #5 N/A 03/22/04- 05/26/04 Bicentennial #6 N/A 03/22/04- 05/26/04 Bicentennial #7 N/A 03/22/04- 05/26/04 Bicentennial #8 N/A 03/22/04- 05/26/04 Bicentennial #9 N/A 03/22/04- 05/26/04 Bicentennial #10 N/A 03/22/04- 05/26/04 Durham #2 2/16/04 — 5 -26/04 N/A Old Union 2/16/04 — 5 -26/04 N/A Chesapeake Park 2/16/04 — 5 -26/04 N/A Koalaty Park #2 & #4 2/16/04 — 5 -26/04 N/A Texas School of Baseball (2 small fields) 2/16/04 — 5 -26/04 N/A Only teams that are still participating in the All -Star activities shall be permitted to continue practicing. Easter in the Park: April 3, 2004 Estimated number of participants: 950 EXHIBIT "D" 2004 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week SHETLAND 9/27/04 13 8 9 N/A 2 PINTO 9/27/04 18 10 9 N/A 2 MUSTANG 9/27/04 16 12 9 N/A 2 BRONCO 9/27/04 10 12 9 N/A 2 PONY 9/27/04 7 12 9 N/A 2 COLT 9/27/04 1 12 9 N/A 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #4 N/A 09/27/04-11/02/04 Bicentennial #5 N/A 09/27/04-11/02/04 Bicentennial #6 N/A 09/27/04-11/02/04 Bicentennial #7 N/A 09/27/04-11/02/04 Bicentennial #8 N/A 09/27/04-11/02/04 Bicentennial #9 N/A 09/27/04-11/02/04 Bicentennial #10 N/A 09/27/04-11/02/04 Durham #2 9/14/04 — 11/2/04 N/A Bicentennial Practice Fields # 1 -4 9/14/04 — 11/2/04 N/A Old Union 9/14/04 — 11/2/04 N/A Chesapeake Park 9/14/04 — 11/2/04 N/A Koalaty Park #2 & #4 9/14/04 — 11/2/04 N/A Texas School of Baseball (2 small fields) 9/14/04 — 11/2/04 N/A � Estimated number of participants: 650 EXHIBIT "E" 2003 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the CITY of Southlake, Texas, herein called "CITY ", and the Southlake Baseball Association, herein called "SBA." The parties agree and understand to the following: 1. SBA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with CITY, County and State statutes and ordinances. 2. SBA is responsible to ensure that the concession stand pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SBA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the CITY. 4. The CITY will furnish SBA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The CITY shall be responsible for all water and electric bills for the concession stand. 6. 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. 7. 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. 8. SBA shall be responsible for securing insurance for any inventory owned by Association. The CITY will not allow unsupervised admission to the concession stand during non use hours by SBA. 9. The CITY reserves the right to utilize the concession stand when not in use by SBA. CITY agrees to provide 72 hour notice to SBA prior to such use. 10. The CITY agrees to not allow harvesting of the ice machine on days with scheduled SBA games. 11. The attachment "2003 Concessions Agreement" is for the concession stand located at 450 W. Southlake Blvd. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2003 FACILITIES UTILIZATION AGREEMENT (AMENDED) The parties to this agreement are the City of Southlake, Texas, herein called "City ", and the Southlake Carroll Lacrosse Association, herein called "SCLA ". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide fields as defined by Exhibit "C ", SCLA Field requirements. Facilities in Exhibit "C" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season on the days of Monday through Friday, with each facility usage to not begin before 4 on weekdays or 8:00 a.m. on Saturdays, and 10:00 a.m.. on Sundays. SCLA agrees to stop play (includes games and practices) by 9:00 p.m. on Sundays and 10:00 p.m. on Monday- Saturday. Exception: times for usage of lights may be extended for tournament play with prior notification and permission from the Director of Community Services. The following are approximate dates for significant activities: Spring Summer Fall Practice Begins January 7, 2004 June 5, 2004 August 30, 2004 Practice Ends May 16, 2004 August 9, 2004 December 12, 2004 1111111111111111OW11 This agreement will be effective the date signed by the mayor and will terminate no later than March 31, 2004. At the City's option and mutual agreement with SCLA, the contract will be automatically renewed annually for a period of twelve (12) months. If the City exercises the right in writing, SCLA shall update and submit any documents required during the initial solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. The documents, if applicable, will include, but are not limited to ,proof of insurance, league start and end dates, amendments to the agreement, etc. Substantial amendments to this agreement must be approved by City Council. IV. FEES AND ASSIGNMENT SCLA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. Access to other Premises activities shall be clearly available. SCLA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES SCLA 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. 1�/ll■1►1�7�1�11�1��'1 SCLA 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 ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SCLA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTIOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. 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 XII OF THIS AGREEMENT. VII. DOCUMENTS AND OFFICERS SCLA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by -laws of SCLA. Names, addresses and phone numbers of all officers and board members of SCLA 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 SCLA the Names, addresses and phone numbers of all appropriate contacts of the Parks and Recreation Division VIII. ROSTERS AND SCHEDULES SCLA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for their practice season. The rosters shall be submitted within two weeks after completion of registration and the full schedule of practices shall be submitted at least one week prior to the first practice. IX. FIELD MANAGER SCLA shall furnish the Parks and Recreation Division the name(s) and telephone number(s) 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 to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The SCLA Field Manager shall meet before each season with the designated City representative to be briefed on maintenance procedures and techniques. X. COMMUNICATION All substantial issues and conflicts shall be discussed between the Director of Community Services and President of SCLA or their designee. XI. INSURANCE SCLA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SCLA 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 SCLA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. 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. SCLA 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 SCLA at the City of Southlake Park Facilities, whichever event occurs first. SCLA 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. SCLA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XII. FIELD USAGE FEE SCLA agrees to pay the CITY a field usage fee of $8.00 per player per season to help offset the costs for lighting and maintaining fields in playing condition. This fee is due to the Southlake Parks and Recreation Division within three (3) weeks after completion of regular registration. XIII. COMMISSIONER SCLA agrees to provide a league representative on -site at each SCLA organized league or tournament game held on the premises. XIV. EXHIBITS The City and SCLA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Exhibits included are: MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. SCLA FIELD REQUIREMENTS "C" 2003 Field Requirements XV. SCHEDULING The City reserves the right to utilize the premises when SCLA activities are not scheduled. If SCLA fails to use the premises for its scheduled activities, the City may terminate this Agreement. XVI. DEFAULT If either party, City or SCLA, 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. XVII. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of 2004. CITY of SOUTHLAKE Lori Farwell, City Secretary by: Approved as to form City Attorney Andy Wambsganss, Mayor City of Southlake Kelli Riley, President Southlake Carroll Lacrosse Association This Agreement approved by the Board of Directors, Southlake Carroll Lacrosse Association, and entered into the minutes of the Board meeting held 20 . Secretary Southlake Carroll Lacrosse Association EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS The Parks and Recreation Division (City) shall maintain markings for CIS field if used for games and field lighting. All CIS field turf areas to include mowing, weed control, fertilizing and herbicide spraying are the responsibility of the Carroll Independent School District. The CITY shall be responsible for mowing, weed control, fertilizing and herbicide spraying of Texas School of Baseball practice field. 2. The CISD is responsible for the maintenance of any turf irrigation system and watering of the CIS field. The CITY shall be responsible for the maintenance of any turf irrigation system and watering of TSB. 3. The SCLA is responsible for the set up and removal of goals, field markings, nets, and corner flags for all games and practices. 4. SCLA shall be responsible for daily practice collection of all litter on the fields to include playing areas, fences, bleachers, and adjacent grounds. IF WITHIN THE CITY'S JUDGEMENT, SCLA DOES NOT COMPLY WITH LITTER COLLECTION, A NOTIFICATION LETTER WILL BE ISSUED BY THE CITY REQUESTING IMMEDIATE COMPLIANCE. IF THE CITY DEEMS, FURTHER NOW COMPLIANCE WILL RESULT IN A FEE OF $15.00 HOUR /STAFF PERSON FOR LITTER CLEAN UP. (All litter shall be placed in the receptacles provided.) 5. SCLA shall be prohibited from performing any maintenance to any turf areas without permission from the City and /or CISD. 6. SCLA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. Under no circumstances should the lights be left on when fields are not in use. If SCLA 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 keys necessary for access to all light switches. 7. City Ordinance 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 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 closed field and has posted thereon a sign stating "Closed Field —Do Not trespass on this field $250 - $500 Fine ". 8. The CITY shall maintain the restrooms in a sanitary condition. 9. SCLA shall ensure that all secured areas remain locked and /or are locked at the completion of each activity. SCLA shall chain gates to the fields after the conclusion of all practices and games. The CITY will provide the Field Manager keys necessary for access to main gate(s) and to all field gates. EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) The CITY will inspect Athletic Fields by 3:00 p.m. and will, as a means of communication, list any closing on the CITY rain -out 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. 2. After games have begun and inclement weather becomes a factor, SCLA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) The Parks Supervisor or his designee will monitor the weather and field conditions and consult with the appropriate SCLA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:00 a.m. Saturday morning. Status for Saturday p.m. games may be reevaluated at the discretion of the Parks Supervisor at 11:30 a.m. and the field decision will be made prior to Noon Saturday. The rain - out line will also be updated by 7 a.m. for Sunday games. The SCLA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, SCLA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 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. Notifications 1. The appropriate SCLA Field Manager has the responsibility to notify the SCLA and the participants about the field closure decision. 2. The CITY staff will place notification of field conditions on the "field condition" phone line (817- 481 -1596) by 3:00 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 SCLA with revisions. 3. The Parks Supervisor must receive a minimum of 24 hours prior notification during normal business hours any request to reschedule games.. If 24 hour notice is not received the field may not be prepared for use. 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. 5. Associations are required to comply with and enforce all posted facility signage. EXHIBIT "C" 2004 FIELD REQUIREMENTS FIELD REQUIREMENTS -- SPRING Fields Practice Dates Games Dates Carroll Intermediate School 01/07/04- 05/16/04 01/07/04- 05/16/04 TSB Large Field 01/07/04- 05/16/04 01/07/04- 05/16/04 FIELD REQUIREMENTS -- SUMMER Fields Practice Dates Games Dates Carroll Intermediate School 06/05/04- 08/09/04 06/05/04- 08/09/04 TSB Large Field 06/05/04- 08/09/04 06/05/04- 08/0904 FIELD REQUIREMENTS - -FALL Fields Practice Dates Games Dates Carroll Intermediate School 08/30/04- 12/12/04 08/30/04- 12/12/04 TSB Large Field 08/30/04- 12/12/04 08/30/04- 12/12/04 CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2003 FACILITIES UTILIZATION AGREEMENT (AMENDED) The parties to this agreement are the CITY of Southlake, Texas, herein called "CITY ", and the Southlake Girls Softball Association. herein called "SGSA ". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES The CITY agrees to provide game fields and practice fields as defined by Exhibit "E ", SGSA Field requirements. SGSA shall provide field requirements and dates for Spring and Fall seasons to CITY at least 90 days before opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and tournaments on the days of Monday through Sunday, with each facility usage to not begin before 4:00 p.m. on weekdays or 8:30 a.m. on Saturdays, and 12:00 p.m. on Sundays. SGSA agrees to stop play (includes games and practices) by 10:00 p.m. on Sunday thru Thursday, and 11:00 p.m. on Friday and Saturday. Lights will be turned out respectively at 10:30 p.m. on Sunday thru Thursday, and 11:30 p.m. on Friday and Saturday. Exception: Times for usage of lights may be extended during tournament play with prior notification and permission from the Director of Community Services. The following are approximate dates for significant activities: Coach Look Practice Begins Opening Day End of Regular Season Tournament Play Spring February 21, 2004 March 6, 2004 March 27, 2004 May 23, 2004 See Exhibit "D" FALL August 21, 2004 August 28, 2004 September 18, 2004 November 20, 2004 See Exhibit "D" The facilities provided by this Agreement are herein called "Premises." III. TERM This agreement will be effective the date signed by the mayor and will terminate no later than March 31, 2004. At the City's option and mutual agreement with SGSA, the contract will be automatically renewed annually for a period of twelve (12) months. If the City exercises the right in writing, SGSA shall update and submit any documents required during the initial solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. The documents, if applicable, will include, but are not limited to, proof of insurance, league start and end dates, amendments to the agreement etc. Substantial amendments to this agreement must be approved by City Council. IV. FEES AND ASSIGNMENT SGSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SGSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SGSA agrees to provide signs clearly indicating donations are requested only for the SGSA activity occurring on Premises. Access to other Premises activities shall be clearly available. SGSA shall not assign this agreement nor shall it rent out any property of the CITY without prior written consent of the CITY. V. UNLAWFUL ACTIVITIES SGSA 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. V. PERMISSION FOR INSTALLATION OR CONSTRUCTION SGSA, in accordance with the CITY's 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. SGSA is allowed a maximum of three (3) signs per field listing SGSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet x 8 feet). A pennant style sign will be allowed on each field that lists the previous years season winners. The signs are not to exceed the size of (3 feet x 5 feet). VII. INDEMNITY SGSA 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 ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SGSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTIOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. 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 XII OF THIS AGREEMENT. VIII. FOOD SERVICE SGSA shall ensure that all food or drink prepared, served, sold, or stored complies with all CITY, state, county and federal law. See Exhibit "E" for concession stand uses. IX. DOCUMENTS AND OFFICERS SGSA shall submit to the Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by -laws of SGSA. Names, addresses and phone numbers of all officers and board members of SGSA 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 SGSA the Names, addresses and phone numbers of all appropriate Parks and Recreation Division contact personnel. X. ROSTERS AND SCHEDULES SGSA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for the season. The rosters shall be submitted within two weeks after completion of registration and the full schedule shall be submitted at least one week prior to the first regular season game. TOURNAMENT SCHEDULES MUST BE SUBMITTED NOT LESS THAN 14 DAYS PRIOR TO THE TOURNAMENT. XI. FIELD MANAGER SGSA shall furnish the Parks and Recreation Division the name(s) and telephone number(s) 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 to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The SGSA Field Manager shall meet before each season with the designated City representative to be briefed on maintenance procedures and techniques. XII. COMMUNICATION All substantial issues and conflicts shall be discussed between the Director of Community Services and the President of SGSA or their designee. XIII. INSURANCE SGSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SGSA 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 SGSA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of liability insurance is as follows: TYPE Comprehensive General Public Liability MINIMUM LIMIT $1,000,000 - Combined Single Limit Coverage For Bodily Injury and Property Damage. $1,000,000 -On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the CITY Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SGSA shall furnish to CITY copies of such insurance policies within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SGSA at the CITY of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA 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 insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SGSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may B. Be provided with a waiver of subrogation, in its favor. XIV. FIELD USAGE FEE SGSA agrees to pay the CITY a field usage fee of $8.00 per player per season to help offset the costs for lighting and maintaining fields in playing condition. This fee is due to the Southlake Parks and Recreation Division within three (3) weeks after completion of regular registration. XV. PUBLIC ADDRESS SYSTEM No public address system may be used after 8:00 p.m. XVI. COMMISSIONER SGSA agrees to provide a league representative on -site at each SGSA organized league or tournament game held on the premises. XVII. EXHIBITS The CITY and SGSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" CITY Storage Location Assignments 4. SGSA FIELD REQUIREMENTS "D" 2003 Field Requirements 5. CONCESSION STAND "E" 2003 Concession Agreement XVIII. SCHEDULING The CITY reserves the right to utilize the premises when SGSA activities are not scheduled. If SGSA fails to use the premises for its designated and scheduled activities, the CITY may terminate this Agreement. XIX. DEFAULT If either party, CITY or SGSA, 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. XX. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of 2004. Lori Farwell, CITY Secretary Approved as to form CITY Attorney CITY OF SOUTHLAKE Andy Wambsganss, Mayor CITY of Southlake Matt Tuggey, President Southlake Girls Softball Association This Agreement approved by the Board of Directors, Southlake Girls Softball Association, and entered into the minutes of the Board meeting held 20 . by: Secretary Southlake Girls Softball Association EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The CITY shall maintain the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The CITY shall perform all pre- season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The CITY shall build the pitcher's mound if needed. The CITY shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 4. The CITY will drag and line the fields for the initial games Monday- Saturday. All other games will be the responsibility of SGSA. SGSA shall chalk and stripe as required during weekend games. If SGSA needs weekend preparation by the CITY beyond what is provided through the agreement, a fee of $15.00 per hour /per staff member will be charged. Requests must be made no later than 2:00 p.m. on the Thursday prior to the game. 4. SGSA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SGSA. This includes but is not limited to sprinklers heads, bases, base plugs, base anchors, quick couplers, and the outfield grass apron. 5. All equipment used by SGSA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. 6. The CITY shall mark all foul lines. 7. The CITY shall maintain all backstops, fences, and gates. SGSA will ensure that the fencing will not be used for warm -up hitting causing damage. SGSA will ensure that soft toss will not be allowed except in designated soft toss areas. SGSA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on Pitcher's mound, batting cage or against pitching practice fence only. Damage to fencing as a result of warm up hitting, soft toss, or other activities may result in SGSA being responsible for payment of any repair to damaged fencing. 8. The CITY shall maintain all bleachers and dugout. SGSA shall be responsible for providing locks and chains for all dugouts. SGSA shall also provide two (2) sets of keys to the Parks Supervisor. 9. The CITY shall provide and maintain all area and ball field lighting systems. 10.The CITY shall be responsible for the maintenance of any infield irrigation system and watering of the infield. The CITY shall be responsible for the maintenance of any outfield irrigation systems and watering of the outfield areas. 11. The CITY shall maintain the rest rooms in a sanitary condition. 12.The CITY shall be responsible for all scoreboards and the lines leading to the scoreboards. SGSA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SGSA. 13.The CITY shall provide and install the home plate and base plugs and anchors. Any base plugs lost will be replaced by SGSA. 14.SGSA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. IF WITHIN THE CITY'S JUDGEMENT, SGSA DOES NOT COMPLY WITH LITTER COLLECTION, A NOTIFICATION LETTER WILL BE ISSUED BY THE CITY REQUESTING IMMEDIATE COMPLIANCE. IF THE CITY DEEMS, FURTHER NON - COMPLIANCE WILL RESULT IN A FEE OF $15.00 HOUR /PERSON FOR LITTER CLEAN UP. All litter shall be placed in the receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. 15. SGSA is prohibited from performing any maintenance to any turf or infield areas (except as stated in #3, 4, 5 above), without permission from the CITY. 16. SGSA shall ensure that all secured areas remain locked and /or are locked at the completion of each activity. SGSA shall chain gates to the fields after the conclusion of all practices and games. The CITY will provide the Field Manager keys necessary for emergency access to main gate(s) and to all field gates. 17. SGSA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. Under no circumstances should the lights be left on when fields are not in use. If SGSA 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 keys necessary for access to all light switches. 18. The CITY shall maintain all fencing associated with batting cages and SGSA will maintain and secure all netting. 19. SGSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. 20. 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 ". EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The CITY will inspect Athletic Fields by 3:00 p.m. and will, as a means of communication, list any closing on the CITY rain -out 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. 2. After games have begun and inclement weather becomes a factor, SGSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) The Parks Supervisor or his designee will monitor the weather and field conditions and consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:00 a.m. Saturday morning. Status for Saturday p.m. games may be reevaluated at the discretion of the Parks Supervisor at 11:30 a.m. and the field decision will be made prior to Noon Saturday. The rain - out line will also be updated by 7 a.m. for Sunday games. The SGSA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, SGSA officials shall follow the same guidelines for deciding cancellation or postponement. 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. NOTIFICATIONS 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the participants about the field closure decision. 2. The CITY staff will place notification of field conditions on the "field condition" phone line (817- 481 -1596) by 3:00 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 SGSA with revisions. 3. The Parks Supervisor must receive a minimum of 24 hours prior notification during normal business hours any request to reschedule games. If 24 -hour notice is not received the field may not be prepared for use. 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. 5. Associations are required to comply with and enforce all posted facility signage. EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SGSA shall have use of the two side storage rooms and middle section storage room of the storage shed located at Field #2 at Bicentennial Park. This storage building will be shared with Southlake Parks & Recreation Division. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. SGSA shall provide own security lock and provide CITY with a key allowing access in order to restock supplies needed by SGSA. 4. CITY storage areas are reserved for CITY purposes only and access is limited to CITY personnel. 5. SGSA waives any claim against the CITY for loss of or damage to equipment stored in *: /:11 311MQ 2004 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Days of Tournamen t Practice s per Week 6u 3/27/04 8 10 12 7 2 8u 3/27/04 10 12 12 7 2 10u 3/27/04 10 14 12 7 2 12u 3/27/04 10 14 12 7 2 14u 3/27/04 6 14 12 7 2 16u 3/27/04 4 14 12 7 2 18u 3/27/04 4 10 8 3 2 *SPRING FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 3/6/04/04- 05/23/04 03/27/04- 05/23/04 Bicentennial #2 3/6/04/04- 05/23/04 03/27/04- 05/23/04 Bicentennial #3 3/6/04/04- 05/23/04 03/27/04- 05/23/04 Koalty Park #1 & #3 3/6/04/04- 05/23/04 N/A Adult League Dates: Mondays and Fridays (Field #2) Pitch, Hit and Run: Sunday, April 25, 2004 ASA sanctioned tournament: Tournament Dates: March 5 -7 March 12 -14 A maximum of eight (8) continuing tournament teams will be permitted to practice beyond the May 22, 2004 dates. Each team will be allowed a total of two (2) practices per week. SGSA agrees to submit a practice schedule to the CITY prior to the start of the extended practice sessions. Field preparation will not be extended during practice sessions. EXHIBIT "D" 2004 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Days of Tournamen t Practices per Week 6u 9/18/04 8 8 8 2 2 8u 9/18/04 10 8 8 2 2 10u 9/18/04 10 8 8 2 2 12u 9/18/04 10 8 8 2 2 14u 9/18/04 6 8 8 2 2 16u 9/18/04 4 8 8 2 2 FALL FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 08/28/04-11/20/04 09/18/04-11/20/04 Bicentennial #2 08/28/04-11/20/04 09/18/04- 11/20/04 Bicentennial #3 08/28/04- 11/20/04 09/18/04- 11/20/04 Koalty Park #1 & #3 08/28/04- 11/20/04 N/A ASA sanctioned tournament: Adult League Dates: Mondays and Fridays ( Field #2) Tournament Dates: August 20 -22 August 27 -29 A maximum of eight (8) continuing tournament teams will be permitted to practice beyond the November 20, 2004 dates. Each team will be allowed a total of two (2) practices per week. SGSA agrees to submit a practice schedule to the CITY prior to the start of the extended practice sessions. Field preparation will not be extended during practice sessions. EXHIBIT "E" 2003 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the CITY of Southlake, Texas, herein called "CITY ", and the Southlake Girls Softball Association, herein called "SGSA." The parties agree and understand to the following: 1. SGSA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with CITY, County and State statutes and ordinances. 2. SGSA is responsible to ensure that the concession pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SGSA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the CITY. 4. The CITY will furnish SGSA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The CITY shall be responsible for all water and electric bills for the concessions stand. 6. 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. 7. SGSA 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. SGSA shall be responsible for the upkeep and maintenance of SGSA owned equipment. SGSA waives any claim against the CITY for loss of or damage to equipment or inventory stored in the concession area or in the concession stand. 8. SGSA shall be responsible for securing insurance for any inventory owned by Association. The CITY will not allow unsupervised admission to the concession stand during non use hours by SGSA. 9. The CITY reserves the right to utilize the concession stand when not in use by SGSA. The CITY agrees to provide 72 hour notice to SGSA prior to such use. 10.The CITY agrees to not allow harvesting of the ice machine on days with scheduled SGSA games. 11.The attachment "2003 Concessions Agreement" is for the concession stand located at 400 N. White Chapel.