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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 z .pr12039 .memo 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 z .pr~2039 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 z.pr12039 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 z.pr12039 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. z.pr12039