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Res 037-2006 3/7/2006 RESOLUTION NO. 3�'-� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT TO THE TEX MEX BASEBALL LEAGUE OF WICHITA FALLS FOR EXTENDED RESERVATION PRIVILEGES TO USE THE BALL FIELDS IN SPUDDER PARK AND WILLIAMS PARK FOR THEIR 2006 ADULT BASEBALL LEAGUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Tex Mex Baseball League of Wichita Falls wishes to conduct another season of play on the baseball fields in Spudder and Williams Parks; and, WHEREAS, the League conducted their 2005 season with no problems reported; and, WHEREAS, it is the desire of the City to provide recreational opportunities for its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute a license agreement with the Tex Mex Baseball League of Wichita Falls granting extended reservation privilege to the baseball fields in Spudder and Williams Parks to conduct their daytime league games Friday, Saturday, and Sunday from April 6, 2006, to September 26, 2006. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 7th day of March, 2006. <� MAYOR ATTEST: City Clerk LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF WICHITA § This license agreement made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City," and the Tex Mex Baseball League of Wichita Falls, hereinafter called "League". WITNESSETH: WHEREAS, the League requests extended reservation privilege of the ballfield in Spudder Park and in Williams Park owned by the City to conduct its adult baseball league in 2006; and, WHEREAS, the City and the League recognize that the City provides a minimum level of maintenance for the ball fields the League wishes to use; and, WHEREAS, the League wishes to provide its' participants a higher level of infield maintenance, but believes it will have difficulty performing outfield and buffer area turf mowing, turf and structure edging, and structure maintenance, and requests the City perform such maintenance in 2006; and, WHEREAS, it is the desire of the City to assist the League by temporarily assuming responsibility for outfield and buffer area turf mowing, turf and structure edging, and structure maintenance, giving the League time to acquire adequate equipment and training to perform such tasks for their program. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be perFormed by the parties hereto, City and League do hereby agree as follows: 1. City hereby grants to the League a license to utilize two baseball ball fields located in Spudder and Williams Parks to conduct its adult baseball league games. The license term is April 6, 2005 through September 26, 2006. The days included are Friday, Saturday, and Sunday during daylight hours. The license hereby granted is not exclusive, but grants to League the right to extended reservation periods not normally availabte to the general public, providing participation is open to all City residents meeting League registration requirements. � i 2. The City agrees to provide the following maintenance tasks on all fields. a. Mow and edge turF in the outfields and buffer areas. b. Irrigate turf where systems exist and repair such systems. c. Repair and maintain structures including fences, bleachers, lighting, roads, parking lots, and buildings. 3. The League agrees to reimburse the City the expense of the Oncor electrical bill and City labor, supplies, and equipment, if lighting is used. Payment will be made at end of season and prorated for League use. 4. The following maintenance activities may be performed at the sole option and expense of the League: a. Hand labor associated with infield maintenance including dragging, repair of pitchers mound and depressions by bases and home plate, collar buildup removal, infield dirt replacement, and watering around bases and pitcher's mound. b. Cut and line the fields with marble dust. c. Placement and removal of bases, base anchors, pitchers plates and home plates. d. Placement and removal of portable restrooms. 5. The League will remove litter after games, deposit it into plastic liners, and place it into City provided litter receptacles. 6. In order to ensure effective communication, the League agrees to provide to the City, if requested, league schedules prior to the beginning of the season. Inclement weather schedules shall be provided to the City and the park concessionaires. 7. The League 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. 8. City agrees to permit League to store their property during the term of this license in the minor storage in the Spudder and Williams Park concession buildings. City shall not be responsible for any loss or damage to such property while stored. 9. 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. 10. The parties hereto agree and understand that intensive use of the two ball fields may create vehicular traffic demands that exceed the available parking spaces near the facilities. The League therefore agrees to communicate to its members the limitations of parking, and make reasonable effort to reduce the problem. 11. The League agrees to hold the City 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 League performed under this agreement. IN WITNESS WHEREOF, the parties hereto have caused this license agreement to be executed by their duly authorized officers on this day of , 2006. City of Wichita Falls By Darron Leiker, City Manager ATTEST: City Clerk Tex Mex Baseball League of Wichita Falls By: Chairperson ATTEST: