Res 167-2007 11/20/2007 RESOLUTION NO. , ��e ;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, 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; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Wichita Falls YMCA has requested permission from the City to lease
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 250ct07 a five year
lease 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:
SECTION 1. The City Manager is hereby authorized to execute a five year license
agreement, as attached, with the Wichita Falls YMCA for four ball fields in University Kiwanis
Park and four ball fields in Lake Wichita Park.
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 20th day of November 2007.
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MAYOR
ATTEST:
i Clerk
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 ball
fields owned by the City to conduct its spring and summer youth/parent baseball league in
2008-2012; and,
WHEREAS, the City and the YMCA recognize that the City provides a minimum level of
maintenance for the ball fields 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 during this five year term; 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 e�ended 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, 2, 3,
and 4. The license term is March 15th through July 15 2008 through 2012. 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 in the City Recreation office. The City shall charge and
retain the same lighting fee ($15 per hour and a halfl as 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 Recreation office. The City 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 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, 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. It is estimated that 35% percent of the
field lighting will be used by non-YMCA teams. 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
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
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. 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. 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.
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
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.
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 day of , 2007.
City of Wichita Falls
By:
Darron Leiker, City Manager
ATTEST:
City Clerk
Young Men's Christian Association
By:
Chairperson, Board of Directors