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HomeMy WebLinkAboutPR12965:BASEBALL CONTRACTSParks and Recreation To: Stephen B. Fitzgibbons, City Manager From: Dr. Albert T. Thigpen, Interim Director of Parks & Recreation Date: February 20, 2005 Re: Adoption of Proposed Resolution No. 12965 awarding baseball contracts to area leagues for the 2005 BasebaWSoflball season GOMMEHT RECOMMENDATION: I recommend that the City Council adopt Proposed Resolution No. 12965, authorizing thc City Manager to execute eight (8) contracts between the City of Port Arthur and the following contractors: (3) three contracts with the Port Arthur Pony League, three (3) contracts with the Port Acres Little League Organization; and two (2) contracts with the Bellaire Girl's Sottball League Organization; for the use of City fields for spring play. BACKGROUND: The City of Port Arthur provides baseball fields for use by various leagues with these agreements. The leagues provide a healthy source of entertainment and/or competition for the youth, young adults, and senior citizens of Port Arthur. BUDGETARY/FISCAL EFFECT: None EMPLOYEE/STAFF EFFECT: None SUMMARY: I recommend that the City Council adopt Proposed Resolution No. 12965, authorizing the City Manager to execute eight (8) contracts between the City of Port Arthur and the following contractors: (3) three contracts with the Port Arthur Pony League, three (3) contracts with the Port Acres Little League Organization; and two (2) contracts with the Bellaire Girl's Softball League Organization; for the use of City fields for spring play. P.R.# 12965 01/27/05 cg RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THREE (3) CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND PORT ACRES LITTLE LEAGUE ORGANIZATION, THREE (3) CONTRACTS WITH THE PORT ARTHUR PONY LEAGUE, AND TWO (2) CONTRACTS BETWEEN THE GIRL'S SOFTBALL LEAGUE ORGANIZATION. FOR THE USE OF CITY BASEBALL FIELDS THIS SPRING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR TEXAS: THAT the City Council of the City of Port Arthur hereby authorizes the City Manager to execute three(3) contracts between the Port Acres Little League Baseball Organization, three(3) contracts between the Port Arthur Pony League, and, two (2) contracts between the Girl's Softball League, and the City of Port Arthur for the use of City baseball fields this spring, a copy of each of said contract is attached as Exhibits "A - H". THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of March 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: Mayor: Evangeline Green, City Secretary P.R.# 12965 01/27/05 cg pg. 2 APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons, City Manager APPROVED AS TO FORM: Mark Sokolow, City Attorney Dr. Albert Thigpen. Interim Director. Parks & Recreation 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 the Port Acres Little Iamgue (referred to in this Agreement as the "League"), for the use of a baseball field, located in Eagles Field, at 2998 - Sgth Street, 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 baseball games only. In consideration of the mutual promises col~tained in this Agreement, the League 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 giving said control to the League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball games and operating concession stands. 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 "Am, attached hereto and made a part hereof. D. The League agrees to do ail things necessary to manage and administer a Little League Baseball 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 sucoessful. 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 its employees, agents or representatives. All necessary 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. Any use of the field after 10:30 p.n~ must be so approved 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 Parks and Recreation Director of its intent to do so and obtaining approval. The League shail be responsible for any damage to thc premises or to any other property owned by the City as a result of the removai of any structures by the League. 2 DURATION OF AGREEMENT, This Agreement shall be from March 1, 2005 until August 31, 2005. III. TERMINATION OF AGREEMENT This agreement may be terminated by either party giving thirty (30) days written notioe to the other party of its desire to terminate said Agreement. or said Agreement may be texminated 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: 0) 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. Vo PUBLIC LIABILITY INSURANCE The League agrees to procure and maintain in fome 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. If the facilities are not maintained the City reserves the fight, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for costs associated with their noncompliance with this agreement. 4 SIGNED and Agreed to on the day of ,2005. CITY OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER ATTEST: EVANGELINE GREEN. CITY SECRETARY SIGNED and Agreed to on the day of ,2005. PORT ACRES LITTLE LEAGUE BY: PRESIDENT ATTEST: SECRETARY This Exhibit shall be construed in conjunction with the attached Agreement between the Port Acres Little League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM 1 The City agrees to give the League first priority use of a baseball field located in Eagles Field, located at 2998 - 59th Street. Port Arthur, Texas, during the months of March 1, 2005 to August 31, 2005. The 1. 2. 3. o rrEM 2 League shall: 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 consa'ucted by the League including dugouts, scoreboards, press boxes, and storage areas. (See existing property inventory prepared by the Parks and Recreation Director and attached and made a part hereof.) Maintain litter control. ITEM 3 The City shall: 1. Do major fence repair (if funds are available). 2. Do minor fence repairs. 3. Pay electric bill March 1, 2005 through August 31, 2005. Electricity will be cut off September through February. 4. Replace lamps that are burned out. 5. Furnish infield dirt (maximum four (4) loads). 6 ~XI-IIBIT "A" CONT.: 6. Cat outfield grasses (upon request) and trim around outside of fences if personnel are available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 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. ITEM 5 Should the League desire to expand or modify the facilities during the tenure of the contract, the League 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 Inspection Department. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Eagles Field 2998 - 59th Street 1 Scoreboard 1 Concession stand 2 Dugouts with benches 7 EXHIBIT STATE OF TEXAS COUNTY OF JEFFERSON This is an Agreemem between the City of Port Arthur, Texas (referred to in the Agreement as the "City"), and the Port Acres Little League (referred to in this Agreement as the "League"), for the use of a baseball field, located in Miguez Field, at 2410 Park Road/County, 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 baseball games only. In consideration of the mutual promises contained in this Agreement, the League and the City agree as follows: 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 giving said control to the League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball games and operating concession stands. 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 part hereof. D~ The League agrees to do all things necessary to manage and administer a Little League Baseball 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 consmmd to effect 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 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 property owned by the City as a result of the removal of any structures by the League. 2 DURATION OF AGREEMENT This Agreement shall be in force from March 1, 2005 until August 31, 2005. 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. 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 othet~rise 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. 3 V. PUBLIC LIABILITY INSURANCE The League agrees to procure and maintain ia 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 pubtie 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 $I00,000.00 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 ia 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 ia 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 wttich the premium is paid. VI. If the facilities are not maintained the City reserves the right, at it discretion, to demolish ail dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right m charge the League for costs associated with their noncompliance with this agreement. SIGNED and Aged to in the day of ,2005. CITY OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER ATTEST: EVANGELINE GREEN. CITY SECRETARY SIGNED and Agreed to in the day of ,2005. PORT ACRES LITTLE LEAGUE ATTEST: BY: PRESIDENT SECRETARY This Exhibit shall be construed in conjunction with the attached Agreement between the Po~ Acres Little League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM ! The City agrees to give the League first priority use of a baseball field located in Miguez Field, located at 2410 Park Road/County, Port Arthur, Texas, during the months of March l, 2005 to August 31, 2005. The League shall: 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 property inventory prepared by the Parks and Recreation Director and attached and made a part hereof.) Maintain litter control. ITEM 3 The City shall: Do major fence repair (if funds are available). 2. Do minor fence repairs. EXI~IT "A" CO~r.: 3. Pay electric bill March 1, 2005 through August 31, 2005. Electricity will be cut off September through February. 4. Replace lamps that are burned out. 5. Furnish infield dirt (maximum four (4) loads). 6. Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 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. .ITEM 5 Should the League desire to expand or modify the facilities during the tenure of the contract, the League shall pay the cost of said improvements and notify the Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department. ITEM 6 The League will provide a current set of keys for all loeks and update as needed to the Parks and Recreation Director. EXItlBrr "A" CONT.: PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Miguez Field 2410 Park Road/County 1 Storage Building 1 Concession Stand 2 Dugouts with benches 1 Scorekeeper's box 1 Scoreboard EXHIBIT "C" 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 the Port Acres Little League (referred to in this Agreement as the "League"), for the use of a baseball field, located in Pee Wee Field, at 2420 Park Road/County, 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 baseball games only. In eousideration of the mutual promises contained in this Agreement, the League and the City agree as follows: I. NATURE OF AGREEMENT A. Each party reeogni?~s 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. The City agrees to permit the League to use certain facilities for the propose of conducting baseball games and operating concession stands. 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 part hereof. D. The League agrees to do all things necessary to manage and administer a Little League Baseball 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 eonlraetor 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 parmership 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 shall be deemed agents or employees o£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 at~er 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 property owned by the City as a result of the removal of any structures by the League. 2 DURATION OF AGREEMENT This Agreement shall be in force from March 1, 2005 until August 31, 2005. 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. INDEMNIFICATION The League covenants and agrees to indemnify, and does hereby indenmify, 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 ail 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. 3 Vo PUBLIC LIABILITY INSlJRANCE 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 occtm4ng 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 caocellafion 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 facilities are not maintained the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for costs associated with their noncompliance with this agreement. SIGNED and Agreed to on the day of ,2005. CITY OF PORT ARTHUR ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER EVANGELINE GREEN, CITY SECRETARY SIGNED and Agreed to on the day of ,2005. PORT ACRES LITTLE LEAGUE BY: PRESIDENT ATYEST: SECRETARY This Exhibit shall be construed in conjunction with the attached Agreement between the Port Acres Little League Oereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM ,1 The City agrees to give the League first priority use of a baseball field located in Pee Wee Field, located at 2420 Park Road/County, Port Arthur, Texas, during the months of March 1, 2005 to August 31, 2005. .ITEM 2 The League shall: o 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 property inventory prepared by the Parks and Recreation Dircetor and attached and made a part hereof.) Maintain litter control. ITEM 3 The City shall: 1. Do major fence repair (if funds are available). 2. Do minor fence repairs. 6 E~rr "A" CONT.: 3. Pay electric bill from March 1, 2005 through August 3 I, 2005. Electricity will be cut off September through February. 4. Replace lamps that are burned out. 5. Furnish infield dirt (maximum four (4) loads). 6. Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 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. ITEM 5 Should the League desire to expand or modify the facilities during the tenure of the contract, the League shall pay the cost of said improvements and notify the Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Departxnent. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. ExI:mllT "A" CONT.: PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Pee Wee Field 2420 Park Road/County 1 Storage building 1 Concession stand 2 Dugouts with benches I Batter's cage EXHIBIT "D" 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 the Port Arthur Pony League (referred to in this Agreement as the "League"), for the use of a baseball field, located in Gibson Field, at 6010 Park Road/Adams, Port Arthur, Texas. The League and the City are Collectively referred to as the "Parties". RECITAL The purpose of this Agreement is m state the terms and conditions under which the League is permitted to use City premises for the purpose of conducting League baseball games only. In consideration of the mutual promises contained in this Agreement, the League 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 giving said control to the League. B. The City agrees m permit the League to use certain facilities for the purpose of conducting baseball games and operating concession stands; 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 part hereof. D. The League agrees to do all things neoe~mry to manage and administer a Port Arthur Pony League Baseball program (hereinaRer 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 su~essful. 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 its employees, agents or representatives. All necessary 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 Parks and Recreation 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 property owned by the City as a result of the removal of any structures by the League. 2 DURATION OF AGREEMENT This Agreement shall be in force from March 1, 2005 until the date of signing by the parties until July 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 mumai agreement oftbe 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 agems fi:om and against any and ail 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 ail liability and responsibility for injuries, claims or suits for damages to person or property, of whatever kind or character, whether reai 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 INSURAI~CE 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 facilities are not maintained the City reserves the right, at its discretion,. To demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for costs associated with their noncompliance with this agreement. SIGNED and Agreed to on the day of ,2005. CITY OF PORT ARTHUR ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER EVANGELINE GREEN, CITY SECRETARY SIGNED and Agreed to on the day of ,2005. PORT ARTHUR PONY LEAGUE BY: ATYEST: SECRETARY This Exhibit shall be construed in conjunction with the attached Agreement between the Port Arthur Pony League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM 1 The City agrees to give the League first priority use of a baseball field located in Gibson Field, located at 6010 Park Road/Adams, Port Arthur, Texas, during the months of March 1, 2005 to August 31, 2005. ITEM 2 o The League shall: 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 property inventory prepared by the Parks and Recreation Director and attached and made a part hereof.) Maintain litter control. ITEM 3 The City shall: Do major fence repair (if funds are available). EXHIBIT "A" CONT.: 2. Do minor fence repairs. 3. Pay electric bill March 1, 2005 through August 31, 2005. Electricity will be cut off September through February. 4. Replace lamps that are burned out. 5. Furnish infield dirt (maximum four (4) loads). 6. Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 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. ITEM 5 Should the League desire to expand or modify the facilities during the tenure of the contract, the League shall pay the cost of said improvements and notify the Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 7 PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Gibson Field 6010 Park Road/Adams 1 Scoreboard 1 Concession stand EXHIBIT "E" 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 the Port Arthur Pony League (referred to in this Agreement as the "League"), for the use of a baseball field, located in Leger Field, at 3401 17th Stzeet, 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 baseball games only. In consideration of the mutual promises contained in this Agreement, the League and the City agree as follows: I. N~TORE OF ~EN~, 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 giving said control to the League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball games and operating concession stands. 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. 1 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 part hereof. D. The League agree~ to do all things necessary to manage and administer a Pony League Baseball 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 its employees, agents or representatives. All necessary personnel shall be deemed agents or employees of the League. Go 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. 2 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 property owned by the City as a result of the removal of any structures by the League. II. DU~:~%.TXO~ OF AG'REEMEI~ This Agreement shall be in force from the date of signing by the parties until July 31, 2005. 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. 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, its officers, expenses or claim is employees, or agents. caused in part by the City or ~'BLIC LIABILITY INSURA~C~ The League agrees to procure and maintain in term of this lease and any extension thereof, public liability insurance in companies and approved by the City, adequate to protect against force during the at its expense, through brokers 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 $100,0OO.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 liability for 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 facilities are not maintained the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the league for costs associated with their noncompliance with this agreemenn. SIGNED and Agreed to on the __day of CITY OF PORT ARTHUR · 2005. ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER EVANGELINE GREEN, CITY SECRETARY SIGNED and Agreed to on the day of · 2005. PORT ARTHUR PONY LEAGUE BY: PRESIDENT ATTEST: SECRETARY 6 EXHiBiT This Exhibit shall be attached Agreement between (hereinafter called "League") construed in conjunction with the the Port Arthur Pony League and the City of Port Arthur for the use of certain baseball facilities in City parks. IT~4 1 The City agrees to give the League first priority use of a baseball field located in Leger Field, located at 3401 17th Street, Port Arthur, 2003. Texas, during the months of September to December, I 'j.'Juav/ 2 e The League shall: 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 property inventory prepared by the Parks and Recreation Director and attached and made a part hereof.) Maintain litter control. The City shall: Do major fence repair I'r~ 3 (if funds are available). 2. Do minor fence repairs. 7 e Pay electric bill Electricity will Replace lamps that are burned out. Furnish infield dirt (maximum four Cut outfield grass (upon request) fences if personnel is available. Furnish portable toilets. Maintain bleachers. from March 1, 2005 through August 31, be cut off September through February. (4) loads). Should the League desire to during the tenure of the contract, said improvements and notify the any such changes. All expansion/additions approved by the City of Port 2005. and trim around outside of Ix~z4 4 expand or modify the facilities the League shall pay the cost of Parks and Recreation Director of The League will provide a current and update as needed ~o the Parks and Recreation Director. or modifications must be reviewed and Arthur's Inspection Department. IT.S set of keys for all locks PROPERTY INVENTORY FOR T~GUEM~I~i~T~C~ Le~er Field 3401 -17th Street 2 Dugouts with benches 1 Scoreboard EXHIBIT "F" 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 the Port Arthur Pony League (referred to in this Agreement as the "League"), for the use of a baseball field, located in O'Neal Field, at 6020 Park Road/Adams, 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 baseball games only. In consideration of the mutual promises contained in this Agreement, the League 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 giving said control to the League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball games and operating concession stands. 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 part hereof. D. The League agrees to do all things necessary to manage and administer a Pony League Baseball 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 ail other acts necessary to insure that said program is successful. E. The City of Port Pathur 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 its employees, agents or representatives. All necessary 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 property owned by the City as a result of the ~anoval of any structures by the League. II. DURATION OF AGREEMENT This Agreement shall be from March 1, 2005 until August, 31 2005. III. TERMINATION OF AGREEMENT This agreement may be terminated by either party giving thirty (30) days written notice m 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. 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 fi.om 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. Vo PUBLIC LIABILITY INSIJRANCE 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 facilities are not maintained the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for cost associate with their noncompliance with this agreement. 4 SIGNED and Agreed to on the day of ,2005. CITY OF PORT ARTHUR ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER EVANGELINE GREEN, CITY SECRETARY SIGNED and Agreed to on the day of ,2005. PORT ARTHUR PONY LEAGUE ATTEST: BY: PRESIDENT SECRETARY 5 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Port Arthur Pony League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM ! The City agrees to give the League first priority use of a baseball field located in O%leal Field, located at 6020 Park Road/Adams, Port Arthur, Texas, during the months of March 1, 2005 to August 31, 2005. o ITEM 2 The League shall: Maintain the fields daily by dragging, marking, filling in holes on game days. Operate and maintain concession stands. Maintain and repair any and ail structures constructed by the League including dugouts, scoreboards, press boxes, and storage areas. (See existing property inventory prepared by the Parks and Recreation Director and attached and made a part hereof.) Maintain litter control. ITEM 3 The City shall: Do major fence repair (if funds are available). 2. Do minor fence repairs. EXHIBIT "A" CONT.: 3. Pay electric bill March 1, 2005 through Augus! 31, 2005. Electricity will be cut off September through February. 4. Replace lamps that are burned out. 5. Furnish infield dirt (maximum four (4) loads). 6. Cut outfield grass (upon request) and u-im around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 Operation of the concession stand will be managed by the League, and proceeds will be used for their operation. Health permits or approval t~om the Port Arthur Health Department will be required to sell any foods. ITEM 5 Should the League desire to expand or modify the facilities during the tenure of the conlxact, the League shall pay the cost of said improvements and notify the Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Deparlment. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 7 EXIII~IT ~A~ CONT PROPERTY INVENTORY FOR LEAGUE MAINTENANCE O'Neal Field 6020 Park Road/Adams 1 Scoreboard 1 Batter's cage 1 Concession stand 8 EXHIBIT "G" 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 the Port Arthur Bellaire Girls Softball League (referred to in this Agreement as the "League"), for the use of a baseball field, located in Stelly Field, at 4100 39th Street, Port Arthur, Texas. "Parties". The League and the City are Collectively referred to as the 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 baseball games only. In consideration of the mutual promises contained in this Agreement, the League and the City agree as follows: 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 giving said control to the League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball games and operating concession stands. The City agrees to be responsible for the performance of certain duties and maintenance of certain facilities described in Exlfibit "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 part hereof. D. The League agrees to do all things necessary to manage and administer a Girls ASA Soft Baseball program (hereinafter called "said program") in thc 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 parmership 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 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 thc Property Maintenance Direc{or of its intent to do so and obtaining approval. The League 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 League. II. DURATION OF AGREEMENT This Agreement shall be from March 1, 2005 until August 31, 2005. 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. INDEMNIFICATION The League covenants and agrees m 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 minimm mount 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 premim is paid. VI. If the facilities are not maintained the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for costs associated with their noncompliance with this agreement. SIGNED and Agreed to on the day of CITY OF PORT ARTHUR ,2005. ATTEST: BY: STEVE F1TZGIBBONS CITY MANAGER EVANGELINE GREEN. CITY SECRETARY SIGNED and Agreed to on the day of ,2005. PORT ARTHUR BELLAIRE GIRLS SOFTBALL LEAGUE BY: pRESIDENT ATTEST: SECRETARY EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Beltaire Cdds Softball League Cneminafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM !, The City agrees to give the League first priority use of a baseball field located in Stelly Field, located at 4100 39th Street, Port Arthur, Texas, during the months of March 1, 2005 to August 31, 2005. .ITEM 2 The League shall: 1. 2. 3. o 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 property inventory prepared by the Parks and Recreation Director and attached and made a part hereof. Maintain litter control. The City shall: 1. 2. .ITEM 3 Do major fence repair (if funds are available). Do minor fence repairs. 6 EXHIBIT "A" CONT.,.'. 3. Pay electric bill from March 1, 2005 through August 31, 2005. Eleclrieity will be cut off September through February. 4. Replace lamps that are burned out. 5. Furnish infield dirt (maximum four (4) loads). 6. Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 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. ITEM 5 ' Should the League desire to expand or modify the facilities during the tenure of the contract, the League shall pay the cost of said improvements and notify the Parks and Recreation Director of any such changes. All expansion/additions Or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 7 EXHIBIT "A" CONT.: PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Stelly Field 4100 - 39th Street 1 Scoreboard 1 Concession stand with scorekeeper's box and I~SII'OOITI$ I Large meeting building 2 Covered dugouts with benches 8 EXHIBIT "H" STATE OF TEXAS COUNTY OF JEFFERSON This is an Agreemem between the City of Port Arthur, Texas (referred to in the Agreement as the "City"), and the Port Arthur Bellaire Girls Softball League (referred to in this Agreement as the "League"), for the use of a baseball field, located in Stephen's Field, at 4006 - 39th Street, 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 baseball games only. In considerati°n of the mutual promises contained in this Agreement, the League 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 giving said control to the League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball games and operating concession stands. 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 part hereof. D. The League agrees to do all things necessary to manage and administer a Little League Baseball 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 porfomaance 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 its employees, agents or representatives. All necessary 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 2 damage to the premises or to any other property owned by the City as a result of the removal of any structures by the League. II. DURATION OF AGREEMENT This Agreemem shall be from March 1, 2005 until August 31, 2005. III. TERMINATION OF AGREEMENT This agreeanent 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. 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 II~I$IJRANCE 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 facilities are not maintained the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and or demolition, the City reserves the right m charge the League for costs associated with their noncompliance with this agreement. 4 SIGNED and Agreed to on the day of 2005. CITY OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER ATYEST: EVANGELINE GREEN, CITY SECRETARY SIGNED and Agreed to on the __ day of 2005. PORTARTHURBELLAIREGIRLS SOFTBALL LEAGUE ATTEST: BY: PRESIDENT SECRETARY 5 E BIT "A" EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Bellaire Girls Softball League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM .1. The City agrees to give the League first priority use of a baseball field located in Stephen's Field, located at 4006 39th Slreet. Port Arthur, Texas, during the months of March 1, 2005 to August 31, 2005. ITEM 2 The League shall: 1. 2. 3. o 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 property inventory prepared by the Parks and Recreation Director and attached and made a part hereof). Maintain litter control. The City shall: 1. ITEM 3 Do major fence repair (if funds are available). 2. Dc minor fence repairs. 6 EXI~BIT "A" CONT.: o Pay electric bill March 1, 2005 through August 31, 2005. Electricity will be cut off September through February. Replace lamps that are burned out. Furnish infield dirt (maximum four (4) loads). Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 Operation of the concession stand will be managed by the League, and proceeds will be used for their operation. Health permits or approval fi'om the Port Arthur Health Department will be required to sell any foods. ITEM 5 Should the League desire to expand or modify the facilities during the tenure of the contract, the League shall pay the cost of said improvements and notify the Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department. ITEM 6 The League will provide a currem set of keys for all locks and update as needed to the Parks and Recreation Director. 7 EX'I{IBIT "A" COI~FF.: PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Stephen's Field 4006 - 39th Streel 1 Scoreboard 1 Concession stand with scorekeeper's box 1 Batter's cage 1 Wooden storage building 8