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Home My WebLink AboutPR 13006:CRICKET CLUB CONTRACTinteroffice MEMORANDUM To: From: Date: Subject: Mayor, City Council, City Manager Dr. Albert T. Thigpen, Interim Director of Parks & Recreation January 28, 2005 P. R. No. 13006; Council Meeting of February 1, 2005 RECOMMENDATION: It is recommended that the City Council adopt proposed Resolution No. 13006, authorizing the City Manager to execute a contract between the City of Port Arthur and the Port Arthur Cricket Club for the use of an open space in Adams Park as a cricket field. BACKGROUND: A group of Port Arthur Citizens (Port Arthur Cricket Club) contacted the City in 1998 and requested an unused are on Adams Park be used for a Cricket field. They were granted use of this field and a contract was drafted between the City of Port Arthur and the Port Arthur Cricket Club. Said group has made significant improvements and monetary investments in said area. The most recent contract pertaining to the use of the cricket club expired in December of 2004. BUDGET: None. STAFFING: None. S~Y: It is recommended that the City Council adopt proposed Resolution No. 13006 authorizing the City Manager to execute a one 41) year contract between the City of Port Arthur and the Port Arthur Cricket Club for the continued use of the cricket field located in Adams Park. Attachment z.prl3009.memo P.R.# 13OO6 01/28/05 cg RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR CRICKET CLUB FOR USE OF AN OPEN SPACE IN ADAMS PARK AS A CRICKET FIELD NOW THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR TEXAS: Section 1. That the City Council of the City of Port Arthur hereby authorizes the City Manager to execute a contract between the City Of Port Arthur and the Port Arthur Cricket Club for use of an open space in Adams Park as a cricket field as delineated in the attached Exhibit "A". That a copy of the caption of this Resolution be spread upon the Minutes Section 2. of the City Council. READ, ADOPTED AND APPROVED THIS day of February A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: NOES: ATTEST: Oscar Ortiz, Mayor Evangeline Green, City Secretary APPROVE/~ AS. TO FORM: Mark Sokolbk, City Attorney pr13006 APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager Dr. Albert Thigpen. Interim Director of Parks & Recreation pr13006 STATE OF TEXAS ~IBIT COUNTY OF JEFFERSON This is an Agreement between the City of Port Arthur, Texas (referred to in the Agreement Arthur Cricket Club (referred "League"), for the use of Field, at 3401 60th Street, as the "City"), and the Port to in this Agreement as the a cricket field, located in ~mm~ Port Arthur, Texas. The League and the City are Collectively referred to as the~Parties". RECITAL The purpose of this Agreement is to state the terms and conditions under which the League is permitted to use City premises for the purpose of conducting League cricket games only. In consideration of the mutual promises contained in this Agreement, the League and the City agree as follows: I. NATURE OFAG~ENT 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 giving said control to the League. B. facilities for the purpose operating concession stands; The City agrees to permit the League to of conducting cricket use certain games and the City 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. C. The League agrees to be responsible for the performance of certain duties and maintenance of certain facilities described in Exhibit "A", attached hereto and made a par~ hereof. D. The League agrees to do all things necessary ko manage and administer a Port Arthur Cricket Club Cricket program (hereinafter called "said program") in the City of Port Arthur including, but not limited to, the purchase of necessary equipment, soliciting and obtaining sponsors for teams, if necessary, soliciting and directing managers of teams and leagues, providing officiating personnel and the performance of all other acts necessary to insure that said program is successful. 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 League is an independent contractor in its relationship to the City of Port Arthur. Nothing herein contained at any time or in any manner shall be construed to effect a contract of partnership or joint venture or render any party hereto the employer or master of any other party and/or employees, agents or representatives. Ail necessary its personnel shall be deemed agents or employees of the League. G. Inasmuch as the facilities are on public property, the League agrees to permit the public to use the fields and stands any time that they are not being used by the League; however, the City agrees that any use of the fields or stands by any person or group other than the League must be approved by the City Manager and the League. No one can use the field after 10:30 p.m. without the approval of the City Manager. H. The League shall not remove any structures constructed by the League that are attached to the premises owned by the City without first notifying the Property Maintenance Director of its intent to do so and obtaining approval. The League shall be responsible for any damage to the premises or to any other proper~y owned by the City as a result of the removal of any the date of signing structures by the League. II. DURA~IO~ OF ~~ This Agreement shall be in force from by the parties until December 31, 2005. III. This agreement may be 5erminated by either party giving thirty (30) days written notice to the other par~y of its desire tO terminate said Agreement, or said Agreement may be terminated at any time by mutual agreement of the parties. IV. INDEMNIFICATION The League covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City of Port Arthur, its officers, employees, and agents from and against any and all liability, loss, damages, expenses or claims for injuries 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 League, or (2) the operations under or otherwise incident to the provisions of this contract. The League hereby assumes all liability and responsibility for injuries, claims or suits for damages to person or property, of whatever kind or character, whether real or asserted, arising out of or incident to either or both of the following: (1) the activities of the League, or (2) the operations under or otherwise incident to the provisions of this contract. The foregoing indemnification provision shall apply to the League regardless of whether said liability, injury, loss, damage, expenses or claim is caused in part by the City or its .officers, employees, or agents. PUBLIC LIABILITY INSURANCE The League 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 protect 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 $100,000.00 for each person injured, $300,000.00 for any one accident, and $100,000.00 for property damage. The insurance policies shall name the City and its officers, employees and agents as an additional insured. The policies shall be delivered to the City Manager for keeping. The League agrees to obtain a written agreement from the insurers to notify the City in writing at least 30 days prior to cancellation or refusal to renew any of the policies. The League 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 therefor, and the League shall repay the premium to the City the next month following the date on which the premium is paid. VI. If the right, and/or repairs, right to facilities are not maintained the City reserves the at its discretion, to demolish all dilapidated structures repair those structures. Depending on the nature of the renovations and/or demolition, the City reserves the charge the League for costs associated with their noncompliance with this agreement. 6 SIGNED IN DUPLICATE ORIGINALS, February, 2005. this the day of CITY OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER ATTEST: EVANGELINE GREEN, CITY SECRETARY PORT ARTHUR CRICKET CLUB BY: PRESIDENT ATTEST: SECRETARY ~XHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreemen5 between the Port Arthur Cricket Club (hereinafter called "League") and the City of Port Arthur for the use of certain cricket facilities in City parks. ITEM1 The City agrees ~o give the League first priority use of a cricket field located in Adams Field, located at 3401 60th Street, Port Arthur, Texas, during the months of April 1 to December 31, 2005. 1..c,tr~ 2 The League shall: 1. Maintain the fields daily by dragging, marking, filling in holes on game days. Operate and maintain concession stands. Maintain and repair any and all structures constructed by the League including dugouts, scoreboards, press boxes, and storage areas. (See existing propersy inventory prepared by the Park and Recreation Director and attached and made a part hereof.) Maintain litter control. The City shall: 1. Do major fence repair (if 2. Do minor fence repairs. ZTEM 3 funds are available). CONTRACT ~IBIT "A" Page 2 of 3 Pay electric bill February through August. will be cut off September through January. Replace lamps that are burned out. Furnish infield dirt (maximum four (4) loads). Cut outfield grass (upon request) and trim of fences if personnel is available. Furnish portable toilets. Maintain bleachers. Electricity around outside ITEM4 Operation of the concession stand will be managed by the League, and proceeds will be used for their operation. Health permits or approval from the Port Arthur Health Department will be required to sell any foods. ITEM5 Should the League desire to expand or modify the facilities during the tenure of the contract, the League shall pay 5he cost of said improvements and notify the Parks and Recreation Director of any such changes. Ail expansion/additions or modifications must be ~eviewed and approved by the City of Port Arthur's Inspection Department. I'r~ 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 9 CONTRACT EXHIBIT "A" PAGE 3 of 3 PROPERTY INVENTORY FOR T.w.~GUE MAINTENANCE ~4sms Field 3401 60th Street 1 Concrene with Astro-Turf Pitch area