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Res 042-2005 3/15/2005RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE YMCA OF WICHITA FALLS GRANTING EXTENDED RESERVATION PRIVILEGE TO USE OF BALLFIELDS IN UNIVERSITY KIWANIS PARK AND LAKE WICHITA PARK FOR A SPRING AND FALL YOUTH BASEBALL LEAGUE IN 2005; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the YMCA of Wichita Falls wishes to conduct a spring and fall youth /parent baseball league using eight ballfields in University Kiwanis Park and Lake Wichita Park in 2005; 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 ballfields last year. 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 the attached agreement with the YMCA of Wichita Falls granting a license to extended reservation privilege for use of eight ballfields in University Kiwanis Park and Lake Wichita Park in 2005. 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 15th day of March, 2005. ATTEST: City Cler MEMO!: Im'I I/ OWED 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 fall 2005 youth /parent baseball league; 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 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 2005; and, WHEREAS, it is the desire of the City to assist the YMCA by assuming responsibility for outfield and buffer 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)) ballfields 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 16, 2005 through October 30, 2005. Days included at Kiwanis Park are Monday through Saturday. Days included in Lake Wichita Park are Monday, Tuesday, Thursday, and Friday with Wednesday and Saturday remaining open to the public on a first come first served basis. 3. The City hereby grants to the YMCA authority and responsibility to reserve practice games on these fields during the term of the license for any team whether in the YMCA league or not. The same lighting charge the City charges may be assessed for use of lights. The same rules of reservation shall be followed as used by the City or otherwise as approved. Tournaments reservations on the fields in Lake Wichita Park are open to any group or individual and are made at least two weeks in advance of the event through the City Recreation Office. 4. 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. 5. The YMCA agrees to reimburse the City the expense of the Oncor electric bill and the cost of lighting maintenance supplies, labor and equipment. Payment will be made at end of season and prorated for YMCA use. 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 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. Cut and line the fields with marble dust. C. Placement and removal of portable restrooms. d. Litter must be picked up after games, placed in plastic liners and deposited in city provided receptacles. e. Maintenance of the University Kiwanis Park ballfield restroom. 7. In order to ensure effective communication, and upon request, the YMCA agrees to provide to the City league schedules prior to the beginning of the season. Inclement weather schedules shall be provided to the City and the park concessionaires. 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 metal shed 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 nine (9) 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the 2005. ATTEST: City Clerk City of Wichita Falls James Berzina, City Manager Young Men's Christian Association IN Chairperson, Board of Directors