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Item 5GCity of Southlake, Texas MEMORANDUM August 12, 2003 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services (xt. 1527) SUBJECT: Approval of an Addendum to the 2003 Facilities Utilization Agreement with Grapevine - Southlake Soccer Association Action Requested: City Council approval of an Addendum to the 2003 Facilities Utilization Agreement with Grapevine Southlake Soccer Association (GSSA) for an Interim Concession Agreement. Background Information: The current 2003 Facilities Utilization Agreement with GSSA does not have a provision for the use of the recently completed concessions stand at Bob Jones Park. An addendum to the Agreement is required in order to allow the Association the opportunity to provide concessions for the 2003 Fall season. The proposed addendum (Exhibit D, 2003 Concessions Agreement) is similar in nature to the agreements presently in place with the baseball and softball associations and has been provided to the President of the Grapevine Southlake Soccer Association for review. The term of the proposed addendum would be through the upcoming Fall season only, in order to allow the Concessions Task Force to review and make recommendations prior to the 2004 seasons. As part of the proposed addendum, the City would reserve the right to utilize the concession stand when not in use by GSSA and modifications to the structure would be strictly prohibited without the express written consent of the Director of Community Services. Financial Considerations: The City would be responsible for utilities (water and electric), maintenance of underground utility line and pipes leading to and from the concession stand, the building structure of the concession stand, and any mechanical maintenance or repairs of City owned equipment within the concession stand. Financial Impact: The City will be responsible for the long -term maintenance of the facility including, but not limited to, electrical, plumbing, and structural integrity. Citizen Input/ Board Review: The Parks and Recreation Board recommended approval of the proposed addendum (7 -0) at their August 11, 2003 meeting. The proposed addendum (Exhibit D, 2003 Concessions Agreement) has been reviewed by Jeff Eberhart, President of the Grapevine Southlake Soccer Association. Billy Campbell, City Manager August 12, 2003 Page 2 Legal Review: The proposed addendum (Exhibit D, 2003 Concessions Agreement) is based on those previously approved and included in the 2003 Facilities Utilization Agreements presently in place with other youth sports associations (baseball and softball). The 2003 Facilities Utilization Agreements were reviewed by the City Attorney and while this agreement has not been individually reviewed by the City Attorney, it contains no substantive design changes to those previously reviewed. Alternatives: City Council alternatives include: - approval as submitted - denial as submitted - modifications as desired Supporting Documents: Supporting documents include the following items: - Proposed addendum to Facilities Utilization Agreement (Exhibit D, 2003 Concession Agreement). Staff Recommendation: City Council approval of an Addendum to 2003 Facilities Utilization Agreement with Grapevine Southlake Soccer Association (GSSA) for an Interim Concession Agreement. Billy Campbell, City Manager August 12, 2003 Page 3 ADDENDUM 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 2003 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. Billy Campbell, City Manager August 12, 2003 Page 4 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.