Res 050-2004 4/6/2004RESOLUTION 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 KIWANIS PARK AND LAKE WICHITA PARK FOR A
YOUTH BASEBALL LEAGUE IN 2004; 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 youth /parent
baseball league using nine ballfields in Kiwanis Park and Lake Wichita Park in 2004,
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, THAI
SE CTION 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 nine ballfields in Kiwanis Park and Lake Wichita Park in 2004.
SECTI 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 6th day of April 2004.
MAYOR
ATTEST:
City Clerk
LICE =NSE 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
nine ballfields owned by the City to conduct its spring /summer 2004 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 2004, 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 nine (9) 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 1, 2, 5, 6, and 7; and Kiwanis 1, 2, 3 and 4. The
license term is April 7, 2004 through August 9, 2004. 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 Kiwanis Park ball field 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 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 6" day of April, 2004.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed by their duly authorized officers on this
2004. day of March,
ATTEST:
City Clerk
��fflichita Falls
w "oo
7� s berAfa, City u,,
Young Men's Christian Association
Chairperson, Board of Directors