Res 008-2013 2/5/2013
RESOLUTION NO. _08-2013_
Resolution Authorizing The City Manager To Execute A Five Year
License Agreement With The Wichita Falls YMCA For Land In
University Kiwanis Park And Lake Wichita Park
WHEREAS, the Wichita Falls YMCA has requested permission from the City to
extended reservation privilege for the four ball fields in University Kiwanis Park and
four ball fields in Lake Wichita Park for its youth/parent baseball program and,
WHEREAS, the Park Board recommended during their meeting of January 24,
2013 a five year license of the ball fields for the months of April through July and,
WHEREAS, the YMCA will perform all maintenance of the leased property
during the times leased.
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 the attached five year
License Agreement
, with changes as approved by the City Attorney, with the Wichita
Falls YMCA for four ball fields in University Kiwanis Park and four ball fields in Lake
Wichita Park.
PASSED AND APPROVED this the 5th day of February, 2013.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
LA
ICENSE GREEMENT
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".
W I T N E S S E T H :
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 2013-2018; 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 reservations privilege 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,
th
2, 3, and 4. The license term is March 15th through July 15 2013 through
2018. 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 65% 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 35% of their electrical expense
and the City shall pay such invoice.
6.
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.
7. 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 pitchers 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.
8. The YMCA will pick up litter after games, place it in plastic liners, and deposit it
in City provided litter receptacles.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
IN WITNESS WHEREOF,
the parties hereto have caused this contract to be
executed by their duly authorized officers on this the 5th day of February 2013.
City of Wichita Falls
By: _________________________
Darron Leiker, City Manager
ATTEST:
____________________
City Clerk
Young Men's Christian Association
By: __________________________
Chairperson, Board of Directors