Res 046-2018Resolution No. 46-2018
Resolution authorizing a five-year license agreement with the YMCA
of Wichita Falls granting extended reservation privileges for use of
ball fields in University Kiwanis Park and Lake Wichita Park for a
Spring and Summer youth baseball league
WHEREAS, the YMCA of Wichita Falls wishes to conduct a spring and fall
youth/parent baseball league using eight ball fields in University Kiwanis Park and Lake
Wichita Park; and,
WHEREAS, in order for their league to be more successful, they request extended
reservation privilege so they may more effectively schedule their games; and,
WHEREAS, no problems were reported during their use of the ball fields in the
prior five-year term.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute a five-year license agreement
in a form approved by the City Attorney with the YMCA of Wichita Falls, granting a license
for extended reservation privileges of eight ball fields in University Kiwanis Park and Lake
Wichita Park.
PASSED AND APPROVED this the 17th day of April, 2018.
ATTEST:
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Deputy City CA
LICENSE AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
This agreement made and entered into by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City," and the Young Men's Christian
Association, hereinafter called "YMCA".
WITNESSETH:
WHEREAS, the YMCA requests license to extended reservation privilege for eight
ballfields owned by the City to conduct its spring and summer youth/parent baseball
league in 2018-2023; and,
WHEREAS, the City and the YMCA recognize that the City provides a minimum
level of maintenance for the ballfields the YMCA wishes to use; and,
WHEREAS, the YMCA wishes to provide its participants a higher level of infield
and outfield maintenance, but, believes it will have difficulty performing buffer and
concourse area turf mowing, turf and structure edging, and structure maintenance, and
requests the City perform such maintenance during this five-year term; and,
WHEREAS, it is the desire of the City to assist the YMCA by assuming
responsibility for buffer and concourse area turf mowing, turf and structure edging, and
structure maintenance.
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter
contained to be performed by the parties hereto, City and YMCA do hereby agree as
follows..
1. City hereby grants to YMCA a license to extended reservation privileges to conduct
games on eight (8) ball fields for its youth/parent baseball league. The license
hereby granted is not exclusive, but grants to YMCA the right to extended
reservation periods not normally available to the general public, providing
participation is open to all City residents meeting YMCA registration requirements.
2. The fields are Lake Wichita Park 1, 2, 5, and 6; and University Kiwanis Park 1, 2,
3, and 4. The license term is March 15th through July 15th 2018 through 2022, but
will renew automatically under like terms for additional five-year periods upon
mutual agreement of both parties. Days included at University Kiwanis Park are
Monday through Saturday with Sunday being available for public reservation as
detailed in Section #3. Days included in Lake Wichita Park are Monday through
Saturday with Sunday being available for public reservation as detailed in Section
#3.
3. Any individual whether in the YMCA organization or not may make practice game
reservations on the fields in University Kiwanis Park and Lake Wichita Park on
days not reserved above in Section #2 through the YMCA office. The YMCA shall
charge and retain 65% of the same lighting fee as the City charges for other City
lighted practice fields.
Any individual whether in the YMCA organization or not may make tournament
reservations two weeks in advance of the event on the fields in Lake Wichita Park
on the days not reserved above in Section #2 in the YMCA office. The YMCA shall
charge and retain the same lighting fee as above stated.
4. The City agrees to provide the following maintenance tasks on all fields.
a. Mow and edge turf in the buffer and concourse areas.
b. Irrigate turf where systems exist and repair such systems.
C. Repair and maintain structures including fences, lighting, roads, parking
lots, and buildings, but, not including new structures added by the YMCA.
5. The YMCA shall be responsible for the payment of 35% of electrical meter costs
to serve the fields during the term of this license. The YMCA shall invoice the City
after each four-month reservation period for 65% of their electrical expense and
the City shall pay such invoice.
Recognizing the economic desirability to disconnect the electrical meters serving
the ball fields herein stated at the end of each four-month reservation period, the
YMCA may order their electrical provider to disconnect electrical service and to
order the electrical service reconnection before the next reservation period.
6. The following maintenance activities may be performed at the sole option and
expense of the YMCA:
a. Hand labor associated with infield maintenance including dragging, repair
of pitcher's mound and depressions by bases and home plate, collar buildup
removal, replacement of infield dirt, and watering around bases and
pitcher's mound.
b. Maintain the outfields.
C. Cut and line the fields with marble dust.
d. Maintain bleachers.
e. Maintenance of the University Kiwanis Park ball field restroom.
Maintenance and structure repair of the Lake Wichita Park
restroom/concession building, including electrical costs, with profits from
sale of food and drink items being retained by the YMCA.
7. The YMCA will pick up litter after games, place it in plastic liners, and deposit it in
City provided litter receptacles.
8. The YMCA shall be permitted to drive vehicles upon areas of the park designated
by the Parks and Recreation staff to perform ballfield maintenance, unless damage
to turf will result. Driving upon the park for supervision purposes is not permitted.
9. City agrees to permit YMCA to store their property during the term of this contract
in the masonry building located at Lake Wichita Park, and minor storage in the
University Kiwanis Park concession building. City shall not be responsible for any
loss or damage to such property while stored.
10. This agreement is binding on the City to the extent sufficient funds are budgeted
by the City Council to maintain regular park maintenance operations, and the City
not need any of the herein described fields for a public use other than ball fields.
11. The parties hereto agree and understand that intensive use of the eight (8) ball
fields may create vehicular traffic demands that exceed the available parking
spaces near the facilities. The YMCA therefore agrees to communicate to its
members the limitations of parking, and make reasonable effort to reduce the
problem.
12. The parties agree and understand that on certain dates large special events may
occur in Lake Wichita Park that require all available parking spaces. YMCA
therefore agrees that it will not schedule games to be played on these dates in
order to eliminate traffic congestion. City agrees that it shall provide the dates of
any other special events when such dates are known.
13. The YMCA agrees to hold the City, its agents, officers and employees, harmless
from any and all claims, suits, loss or damage, or injury to persons or property of
any kind whatsoever growing out of or in any way connected with the activities of
the YMCA performed under this agreement.
14. Any investment made by the YMCA to the ball fields described herein and/or to
accompanying facilities shall be submitted and approved in writing by the Director
of Park and Recreation in advance. Approval will not be unreasonably withheld.
15. This agreement shall be interpreted, and the rights of the parties determined in
accordance with the laws of the State of Texas, and exclusive venue for any legal
proceedings shall be in Wichita County, Texas.
16. Governmental Function. All parties agree that this Agreement is one wherein
the City of Wichita Falls is solely performing a governmental function. All parties
expressly agree that the City is not engaging in any propriety functions
17. Contractual Damages Limitation. All parties agree that damages in this contract
are limited only to those authorized under Texas Local Government Code Section
271.153. Specifically, the City is not liable for consequential damages or exemplary
damages.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their duly authorized officers on this the day of 2018.
ATTEST:
City Clerk
City of Wichita Falls
Darron Leiker, City Manager
Young Men's Christian Association
By:
Chairperson, Board of Directors