HomeMy WebLinkAboutPR 12039:LAMAR/BASEBALL FIELDINTER
OFFICE
MEMO
TO: Mayor, city Council & City Manager
From: Mark T. Sokolow, City Attorney ~~
Subject: P.R. No. 12039 Council Meeting January 7, 2003
Date: December 20, 2002
Attached is P.R. No. 12039 pertaining to an Agreement
with Lamar State College - Port Arthur for the use of the
City's baseball field, starting with the Spring 2003
Semester. This had been approved by Resolution No. 02-
336. Nevertheless, Lamar State College asked for a few
modifications, which are highlighted and incorporated.
MTS/ts
Attachment
cc: Director of Human Resources
Acting Director of Parks & Recreation
VIA FACSIMILE (409) 984-6000
Bill Worsham
VIA FACSIMILE (512) 463-1816,
Fernando Gomez
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P. R. No. 12039
12/20/02 TS
RESOLUTION NO.
A RESOLUTION PERTAINING TO AN AGREEMENT
WITH LAMAR STATE COLLEGE - PORT ARTHUR FOR
THE USE OF THE CITY'S BASEBALL FIELD
STARTING WITH THE SPRING 2003 SEMESTER
WHEREAS, the City deems it in the bests interests of the
citizens of Port Arthur to allow Lamar State College - Port
Arthur to use
sports program,
the City's baseball field for its baseball
starting with the Spring 2003 Semester.
NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts
are true and correct.
and opinions in the preamble
Section 2. That the City Manager is herein authorized
to execute an agreement with Lamar State College Port Arthur
for the use of the City's baseball fields for Lamar's Baseball
Sports program,
the attached Exhibit
Section 3. That a copy of
Resolution be spread upon the Minutes
READ, ADOPTED AND APPROVED
in substantially the same
form as described in
the caption of this
of the City council.
on this day of
Council of
vote: AYES: Mayor
Councilmembers
, A.D., 2003, at a Regular Meeting of the City
the City of Port Arthur, Texas, by the following
;
NOES:
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTI~ATiON:
CITY MANAGER
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF JEFFERSON §
This is an Agreement between the City of Port Arthur,
Texas (referred to in the Agreement as the "City"), and
Lamar State College of Port Arthur (referred to in this
Agreement as the
located adjacent
Seawall entrance in Port Arthur,
are collectively referred to as the
RECITALS
"LSCPA"), for the use of the Martin Field
to the former armory building and the
Texas. LSCPA and the City
"Parties".
The purpose of this Agreement is to state the
terms and
conditions under which the LSCPA is permitted to use City
premises for the purpose of conducting LSCPA baseball
tournaments, baseball classes and baseball games only.
In consideration of the mutual promises contained in
this Agreement, the LSCPA and the City agree as follows:
I.
NATURE OF AGREEMENT
A. Each party recognizes that the City has no
authority under the law to permit exclusive control of
public park property by anyone other than the City.
Therefore, this Agreement shall not be construed as
said control to the LSCPA.
giving
B. The City agrees to permit the LSCPA to use certain
facilities for the purpose of conducting baseball games,
baseball tournaments, and baseball classes only.
C. The LSCPA agrees to be responsible for the
performance of certain duties and maintenance of certain
facilities described in Exhibit ~A", attached hereto and
made a part hereof.
D. The LSCPA agrees to do all things necessary to
manage and administer baseball classes, baseball tournaments
and baseball games (hereinafter called ~said program") in
the City of Port Arthur.
E. The City of Port Arthur does not assume any
responsibility for the supervision and administration of
said program, nor does it assume any liability arising
thereunder.
F. It is expressly agreed and understood by all
parties hereto that the LSCPA is an independent contractor
in its relationship
herein contained at
construed to effect
to the City of Port Arthur. Nothing
any time or in any manner shall be
a contract of partnership or joint
venture or render any party hereto the employer or master of
any other party and/or its employees, agents or
representatives, 'All necessary personnel employed by or
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c0ntracted!with bY LSCPA shall be deemed agents or employees
of the LSCPA.
G. Inasmuch as the facilities are on public property,
the LSCPA agrees to permit the public to use the field any
time that they are not being used by the LSCPA for baseball
tournaments, baseball games or baseball classes. The LSCPA
agrees to provide the City Parks and Recreation Department
with at least two (2) weeks notice before a scheduled
baseball tournament, game or class. Any other use of the
field by LSCPA is strictly understood by the parties to be
general use.
H. The LSCPA shall not remove any structures
constructed by the LSCPA that are attached to the premises
owned by the City without first notifying the Parks &
Recreation Director of its intent to do so and obtaining
approval. The LSCPA shall be responsible for any damage to
the premises or to any other property owned by the City as a
result of the removal of any structures by the LSCPA.
II.
DURATION OF AaREEMENT
This Agreement shall be in force from the date of
signing by the parties until June 30, 2003.
III.
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party giving
thirty {30) days written notice to the other party of its
desire to terminate said Agreement, or said Agreement may be
terminated at any time by mutual agreement of the parties.
IV.
INDEI~IFICATIO~
The LSCPA covenants and agrees to indemnify to,ii,he
p~rm~ttedl,by la and does hereby indemnify to the
extent permitted by
of Port Arthur, its
against any and all
claims for injuries
law, hold harmless and defend, the City
officers, employees, and agents from and
liability, loss, damages, expenses or
to persons or property of whatsoever
kind or character, whether real or asserted, arising out of
or incident to either or both of the following: (1) the
activities of the LSCPA, or (2) the operations under or
otherwise incident to the provisions of this contract. The
LSCPA hereby assumes all liability and responsibility for
injuries, claims or suits for damages to person or property,
of whatever kind of character, whether real or asserted,
arising out of or incident to either or both of the
following: (1) the activities of the LSCPA, or (2) the
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operations under or otherwise incident to the provisions of
this contract pertaining to LSCPA's use.
T..~ forcgolng ............. a~v provzuzcn ..... 1 apply t~
~ab .... =, ln]ury,
claim ~ ...... ~ ~ part by
City or its ~ ...... ~
V.
PUBLI~ LIABILITY I~SURA~C~
The LSCPA agrees to procure and maintain in force
during the term of this lease and any extension thereof, at
its expense, public liability insurance in companies and
through brokers approved by the City, adequate to pro~ect
against liability for damage claims through public use or
arising out of accidents or injuries occurring in or around
the described premises, in a minimum amount of $1,000,000
for each person injured, $30O,O0O for any one incident, and
$1,000,000 for property damage. The insurance policies
shall name the City and its officers, employees and agents
a written agreement from the
writing at least thirty (30)
as an additional insured. The policies shall be delivered
to the City Manager for keeping. The LSCPA agrees to obtain
insurers to notify the City in
days prior to cancellation or
refusal to renew any of the policies. The LSCPA agrees that
if the insurance policies are not kept in force during the
entire term of this Agreement and any extension thereof, the
City may procure the necessary insurance, pay the premium
therefore, and the LSCPA shall repay the premium to the City
the next month
paid.
SIGNED THIS the __
following the date on which the premium is
day of 200_.
CITY OF PORT ARTHUR
ATTEST:
BY:
Stephen Fitzgibbons, City Manager
Evangeline Green, city Secretary
SIGNED THIS the __day of
, 200 .
LAMAR STATE COLLEGE PORT ARTHUR
ATTEST:
BY:
TITLE:
Secretary
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EXHIBIT "A"
This Exhibit shall be construed in conjunction with the
attached Agreement between Lamar State College of Port
Arthur (LSCPA) hereinafter called ~LSCPA" and the City of
Port Arthur for the use of Martin Field.
ITEM 1
The City agrees to give the LSCPA first priority use of
a baseball field located at Martin Field, Port Arthur,
Texas, during baseball tournaments, baseball games and
baseball classes during the months of January 2003 through
June 2003, for which the LSCPA agrees to give the City two
(2) weeks prior notice of such tournaments or classes~
ITEM 2
ASconsid~ration~for such use, the LSCPA shall:
1. Maintain the fields by cutting the grass and
trimming around the fences at least twice per
month between the time period of January 1, 2003
and June 30, 2003.
2. Maintain litter control. Litter must be removed
after each tournament, game or class. Failure to
remove litter will violate Contractual Agreement.
ITEM 3
Should the LSCPA desire to expand or modify the
facilities during the tenure of the contract, the LSCPA
shall pay the cost of said improvements and notify the Parks
and Recreation Director of any such changes.
Ail expansion/additions or modifications must be
reviewed and approved by the City of Port Arthur's
Inspections Department.
ITEM 4
The LSCPA will, if requested, provide a current set of
keys for all locks and update as needed to the Parks and
Recreation Director.
ITEM 5
The LSCPA may have first priority use of Martin Field
only for LSCPA tournaments, games and classes for which the
City has received two (2) weeks advanced notice. At all
other times, the use of Martin Field between the period of
January 1, 2003 and June 30, 2003 will be general (i.e., not
first priority) use.
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