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HomeMy WebLinkAboutRes 2011-03-06 Facilities Use Agreement with Community Soccer LeagueCITY OF ANNA, 'rEXAS RESOLUTION NO. 2011-03-06 A RESOLUTION APPROVING A FACILITIES USE AGREEMENT WITH THE COMMUNITY SOCCER LEAGUE FOR 2011, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the Community Soccer League (the "League") is a private adult soccer league with teams that include citizens from the City of Anna, Texas (the "City") and many other communities throughout north Texas; and, WHEREAS, the League desires to use Bryant Park which is owned by the City as a location for some of the games sponsored by the League; and, WHEREAS, the Parks Advisory Board has reviewed this request from the League; and WHEREAS, the City desires to enter into a formal Facilities Use Agreement (the "Agreement") with the League that clearly explains the rights and obligations related to the League's use of the park facilities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the attached Agreement attached hereto as Exhibit 1, and authorizes the City Manager to execute same. PASSED by the City Council of the City of Anna, Texas, on this 22nd day of March, 2011. ATTEST: Res. 2011-03-06 Facilities Use Agreement Community Soccer League PAGE 1 OF 1 03-22-11 FACILITIES USE AGREEMENT This Facilities Use Agreement (this "Agreement") is made by and between the City of Anna, Texas ("City") and the Community Soccer League (the "League"). The City and the League are collectively referenced in this Agreement as "the Parties." FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set out, the Parties agree as follows: I. City agrees to permit the use of its facilities commonly known as the Bryant Park multi-purpose field (the "Soccer Facilities") for the League's 2011 Regular Season. The 2011 Regular Season shall run from March 1, 2011 through November 30, 2011. "Regular season" is defined as actual regular season games and tournaments. City agrees that the League may use Soccer Facilities for regular season games and tournaments from 10:00 a.m. to 6:00 p.m. on Saturdays during the Regular Season. II. The League acknowledges that its use of the Soccer Facilities under this Agreement is non-exclusive and that the City of Anna has final authority over the scheduling of all League use of the Soccer Facilities under this Agreement. The League shall provide the City with the schedule of games for each regular season at least two weeks prior to the start of each regular season. Excepted as noted below, the League may reschedule regular season games provided that, the authorized League representative notifies the City of the schedule change in advance, and the change does not interfere with another previously scheduled use of the Soccer Facilities. III. The non-exclusive use by the League of the Soccer Facilities is subject to the terms of a Facilities Use Agreement between the City of Anna and the Anna Youth Sports Association (the "AYSA Agreement") executed by said parties on November 12,2010; and an Interlocal Agreement between the City of Anna and Anna Independent School District ("Interlocal Agreement") executed by said parties on March 20, 2006. To the extent of any conflict between the Parties' obligations under this Agreement and the City's obligations under the AYSA Agreement or the Interlocal Agreement, the City's obligations under this Agreement will yield to the A YSA Agreement or the Interlocal Agreement, whatever the case may be, and the City shall not be liable for any damages that may be caused or occasioned by any such conflict. IV. The term of this Agreement shall be for one year from March 1,2011 through November 30 ,2011. V. Upon termination of this Agreement, the League and the City may negotiate a new agreement. The League shall have 30 days to remove its owned movable equipment which is not of a permanent nature, upon termination of this Agreement. Nothing herein shall prohibit the City from entering into facilities use 1 agreements with other organizations. The City reserves the right to utilize the Soccer Facilities at all times other than when the City's use would unreasonably interfere with League regular-season games or tournaments that have been properly scheduled in accordance with this Agreement. VI. The League shall not assign this lease nor shall it sublease or rent out any property of the City without prior written consent of the City. This provision includes sports camps and tournaments. VII. The League shall not engage in any business on any part of the Soccer Facilities or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The collection of admission or "gate" fees by the League is not permitted. The collection oftoumament entry/registration fees by the League is permissible. VIII. The League shall indemnify and hold harmless the City, its agents, officials and employees from any and all claims for bodily injury, illness, death, personal injury and property damage and all other claims in any way related to, arising out of, or made in connection with any activities of the League or any of its members or participants. The League shall maintain a general liability insurance policy in the amount of at least one million dollars ($lM) and shall name the City as an additional insured on its said policy. The coverage shall contain no special limitations on the scope or protection afforded to the League, its officials, officers and employees. At least two weeks in advance of the first regular season identified in this Agreement, the League must provide the City with a certificate of such insurance issued by the insurer. The certificate shall state that the City is an additional insured and that the insurer must provide at least 30 days notice to the City prior to the cancellation ofthe policy. IX. The League shall submit to the City a current copy of the League's charter and by-laws, and the names, addresses and phone numbers of all League officers and board members within two weeks after election or appointment. The League shall furnish to the City a rosters of all teams, players, coaches and other participants including names, addresses and telephone numbers for all such persons and a listing of the full schedule for the season. The rosters shall be submitted within four weeks after completion of registration and the full schedule shall be submitted at least two weeks prior to the first regular season game. The League shall also submit a copy of all contracts, if any, entered into by the League for any of its operations related to the Soccer Facilities including but not limited to concessions, umpires/referees, equipment rentals, and field maintenance. X. No person (including players, coaches, and umpires) required to register on the Texas Department of Public Safety's Sex Offender Database because of a violation involving a victim who was a Minor at the time of the sexual offense shall be permitted to participate in any manner with the League's use of the Soccer Facilities. The League shall institute reasonable policies and precautions to ensure compliance with this prohibition 2 including requiring each league participant to answer in writing whether or not he or she is required to register on the Texas Department of Public Safety's Sex Offender Database because of a violation involving a victim who was a Minor at the time of the sexual offense. XI. The League shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated as the League's Field Manager. In the case of inclement weather, it shall be the responsibility of a Field Manager to contact and discuss field playability with a "City Representative" before a scheduled game, said Representative(s) to be designated in writing by the City Manager. When this Agreement provides for a City Representative to make a decision, consult with a Field Manager, or otherwise act in connection with the League's use of the Soccer Facilities, the Field Manager must solely rely on the decision or action of a City Representative, subject to any contrary decision or action by the City Manager or a licensed peace officer acting in a law-enforcement capacity. XII. The League agrees to stop play and all other operations on any part of the Soccer Facilities by 7:00 p.m., unless it receives written permission to go beyond 7:00 p.m. from the City's Representative. XIII. The League agrees to pay the City a fee of $50 for each soccer game played on the Soccer Facilities. This fee is due to the City one week prior to each scheduled game. XIV. The Parties shall have the obligations and shall abide by the standards set forth in the below referenced exhibits as qualified herein. The City's obligations as to maintenance of the Soccer Facilities shall be limited to providing the Soccer Facilities in a reasonably useable condition, subject to weather and other factors beyond the City's control. Notwithstanding any part of this Agreement, the Parties understand and agree that by entering into this Agreement, the City is not waiving any immunities or limitations ofliability available to it under the law and that its obligations as set forth in this Agreement are not intended to create and do not create any duty or standard of care that a municipality would not otherwise be required to meet to avoid liability under Texas law. It is especially provided and agreed by and between the League and the City that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits being: EXHIBIT A -Facilities Maintenance EXHIBIT B -Field Inspection and Closure xv. This Agreement shall not become effective unless and until the League provides the City with a true and correct copy of the League's charter and by-laws, and the names, addresses and phone numbers of all League officers and board members. Further, the League shall take all necessary steps to assure that the City has been provided written notice of the identity and the mailing address and the physical address of the board 3 president. The obligations in this paragraph shall survive for two years after the termination of this Agreement. XVI. Any violation by the League of any of the provisions of this Agreement shall result in the tennination of this Agreement and the City's obligations hereunder once the City has provided the League with sufficient time to cure such violation after the City provides written notice of such violation. In the event any such violation relates to nonpayment or untimely payment by the League of any sums due hereunder, the League shall have 15 days after the City provides said notice in which to cure the violation, or such other time as agreed to by the Parties in writing. All access to fields shall be suspended after 15 days of non payment. In the event said violation is for other than nonpayment or untimely payment by the League, the League shall have 30 days after the City provides said notice in which to cure said violation, or such other time as is agreed to by the Parties in writing. Notices required to be provided under this Agreement shall be sent by certified U.S. mail, return receipt requested, and shall be considered to have been provided on the date of mailing to the following addresses: If to the City: City Manager City of Anna 111 N. Powell Parkway City of Anna, Texas 75409 If to the League: Mr. Melchor Salmoran 531 W. Acheson Denison, TX 75020 This agreement is made and entered into on the ____ day CITY OF ANNA: City Manager COMMUNITY SOCCER LEAGUE: Board President 4 EXHIBIT A FACILITIES MAINTENANCE 1. The City shall maintain all turf areas to include mowing only on the Bryant Park multi-purpose field. 2. The City may delay or suspend League use of all or any portion of the Soccer Facilities if in the City'S sole opinion a delay or suspension is necessary to preserve to health of the field turf. 3. The League shall provide all equipment, including soccer goals required for game play. All soccer goals provided by the League shall be removed to the edge of the maintained turf areas at the conclusion of each game. The City is not responsible for equipment left on the field by the League. The League shall at all times during its use of the Soccer Facilities maintain the Soccer Facilities in good and safe condition. If at any time the League discovers any poor, damaged or unsafe condition of the Soccer Facilities, it shall immediately notify a City Representative of same. 4. Unless otherwise provided by the City, the League, with permission from the City, may perform maintenance to the turf including leveling or backfilling low areas when deemed necessary by the City. The City shall provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary by the City 5. Unless otherwise provided by the City, the League shall mark all boundary lines and other field markings required for game play. 6. The League shall be responsible for maintaining all Soccer Facilities areas and all adjacent grounds in a litter-free condition during its use of the Soccer Facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. The City shall provide pick up for these receptacles. 7. The League shall not perform any maintenance to any turf area or make any modifications to the Soccer Facilities without written permission from the City. 8. If the League desires to request any special park components or other special services be provided by the City for tournaments or other special events, such request shall be submitted to the City at least two weeks prior to the start of the tournament or event. 9. All make-up games must be approved by the City. EXHIBITB FIELD INSPECTION AND CLOSURE Reasons for Athletic Field Closure 1. It is raining or there is a threat of lightning or other dangerous weather condition at game time. 2. Baseball/softball infields, outfields, soccer fields, or other turf areas are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. City's General Procedures for Athletic Field Closure (these are internal City procedures for informational purposes and are subject to change without notice) (Weekdays) 1. Inspect Athletic Fields by 3 :00 p.m. 2. Make -decision based upon field condition or weather. 3. Consult with the appropriate Field Manager, or hislher designee, about the status of the field(s). 4. Should the League's Field Manager and the City Representative not agree, the decision of the City Representative shall be final. S. Check weather and field conditions on evenings when fields will be in use after 6:00 p.m. When necessary, a City Representative will come in and close the fields affected. (Weekends) 1. Inspect Athletic Fields by 3:00 p.m. on Friday and by 7:00 a.m. on Saturday. 2. Make a decision based upon field condition or weather at the time if possible. 3. If a decision at 3:00 p.m. Friday is not possible, a City Representative familiar with the Athletic Fields will make decisions on field closure as needed throughout the weekend. 4. A City Representative will consult with the League's Field Manager about the status of the fields. S. Should the League's Field Manager and a City Representative not agree, the decision of the City Representative shall be finaL Implementation 1. The primary responsibility for making field closure decisions rests with the City Representative responsible for Athletic field maintenance. However, to the extent a Field Manager observes any weather condition or condition of the field or Soccer Facilities that threatens safe play, the Field Manager must stop play until the condition has ceased or been repaired and the condition is no longer a threat to safety. 2. The appropriate League's Field Manager has the responsibility to inform the League and the participants about the field closure decision.