Loading...
04-24-2006 (Parks & Recreation) Agenda Packet Parks and Recreation Board CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Monday, April 24, 2006 - 6:30 pm Wylie Municipal Complex - Council Chambers Conference Room 2000 Highway 78 North Dan Chesnut Chair David Willey Co-Chair Anne Hiney Board Member Eugene Garner Board Member Brandi Lafleur Board Member Benny Jones Board Member Frankie Delgado Board Member Robert Diaz Board Liaison Beth Zoucha Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: itu'„.Ivy!ietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.iiylietexas.gov. The Chairman and Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. CITIZENS PARTICIPATION Trails proposal-Troy Sargent Skate park petition-Colby Price BUSINESS ITEMS 1. Consider and act upon approving the Minutes from the March 27, 2006 meeting. 2. Consider and act upon a request from the following groups to sell items at the Summer Concert Series: Friends of the Smith Library, Blackland Prairie Playground Foundation, and Downtown Merchants Association. DISCUSSION ITEMS 3. Athletic user fees. April 24,2006 Parks and Recreation Board Regular Meeting Agenda Page 2 of 2 4. Staff updates: Proposed joint Planning and Zoning workshop for May 2, 2006. Parkland dedication fund-commercial revenues. Trails in TXU easements. Construction status on Olde City Park and Founders Park tennis court lights. ADJOURNMENT CERTIFICATION 1 certify that this Notice of Meeting was posted on this 21st day of April, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code`gdlihu4/Je appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie web ie o ffb5 ov. .V: 1 L - L--tI ail Carole lich,City Secretary ' ) te Notice Removed MINUTES CITY OF WYLIE PARKS AND RECREATION BOARD Monday, March 27, 2006—6:30 p.m. Wylie Municipal Complex—Council Conference Room 2000 State Highway 78 North CALL TO ORDER Board Chairman Daniel Chesnut called the meeting to order at 6:35 p.m. with the following Board members present: Eugene Garner, Frankie Delgado and David Willey. Board members Benny Jones, Brandi Lafleur and Anne Hiney were absent. Staff members present were Bill Nelson, Parks Superintendent, Robert Diaz, Assistant Parks Superintendent and Gayle Walton acting Secretary. CITIZENS PARTICIPATION There were no citizens present to address the Board for Citizen Participation. INDIVIDUAL CONSIDERATION 1. Consider and act upon approving the Minutes from the February 27,2006 meeting. Board Action Board member David Willey made a motion to approve the minutes as submitted. Board member Eugene Garner seconded the motion. A vote was taken and passed 4-0 with Board members Benny Jones,Brandi Lafleur and Anne Hiney absent. Board Chairman Daniel Chesnut requested that the Board move to Item 3. 3. Consider and act upon making a recommendation to send a communication to the City Council concerning the use of TXU Electric Delivery Company easements for the construction and operation for the hike and bike trails and other park and recreation facilities and amenities. The presentation will be made by Bill Harper of TXU Electric Delivery Company. Presenter Comments Bill Harper with TXU Electric Delivery Company addressed the Park Board in regards to construction in TXU Electric easements. Mr. Harper stated that the City of Wylie has an ambitious bike and trail program and that TXU is trying to protect their company, cities and their citizens in regards to transmission lines and easements. Mr. Harper further stated that TXU has always worked with cities to allow hike and bike trails and the policy of TXU in regards to these trails is to limit any risk and liabilities Mr. Harper stated that it is his understanding that cities has limits of liability or exposure and that in other words, cities have a certain amount that they can be held liable for. On the other hand, TXU can be exposed to million of dollar in a Minutes—March 27,2006 Wylie Parks and Recreation Board Page 1 lawsuit if something happens and that this is kind of where TXU is coming from. Mr. Harper stated that TXU is going forward with the current request for a hike and bike trail and that TXU gave the city a license agreement and that the City Attorney kept it for a period time and returned it to TXU with comments which TXU attorneys are now reviewing. It was stated that TXU has a standard encroachment agreement and that any changes to it slows the process. Mr. Harper stated that Mike Sferra has stated that if this is a deal killer, then we can live with it. In response to a question by the Park Board regarding status, Mr. Harper stated that TXU attorneys are still reviewing the agreement. Mr.Harper stated that the bottom line is that he does not see anything wrong or at odds with the business of hike and bike trails and that TXU will continue to look at each request on a case by case basis as they come up. Mr. Harper stated that 3 or 4 years down the road things may change on how TXU reviews such agreements if something happens where TXU may get sued. Board Comments Frankie Delgado asked if will TXU entertain or legally look at the risk assessment of each case. Mr. Harper stated that this is correct and that each time a city comes to TXU and asks for permission to build a hike and bike trail and enter into an encroachment agreement, TXU will look at that individual request. Frankie Delgado asked for clarification on the proper process to submit items to TXU for their review/approval. The question was asked is it an acceptable assumption by the Park Board that as part of the process that when a developer present drawings to the City that such drawings need to be presented to TXU also to ascertain if there is any immediate risk assessment that TXU may have. Mr. Harper stated that also risk assessment could be on the part of the developer if he or the City owns the land. However, from the standpoint that the developer has dedicated the land to the City and TXU has an easement,TXU is not in a position to deny the city the right to put in a hike and bike trail and that there are bike and hike trails all over the metroplex but that the important factor to TXU is their liability and probable lawsuits and that TXU recognizes that cities are only responsible for so much in this regard. David Willey asked how many projects TXU has rejected with various municipalities over the last couple of years or have they had any? Mr. Harper stated that he is not aware of any lawsuits. David Willey asked if the request for a hike and bike trail for this park or another park within the city or a park in Plano would be going through this same process at TXU. Mr.Harper reiterated that the TXU process is system wide. Mr. Harper also stated that another factor to consider is how much liability a city is willing to take on in the event of a lawsuit. Mr. Harper asked the Park Board if something happened in an easement that TXU is operating, even though it is the City's property,what is the exposure there? Frankie Delgado stated this goes back to his previous question and that the city is in the process of an expansive plan for hike and bike trails and what are we to expect from TXU as these are presented. Mr. Harper stated that no mention of a 10 year plan was made until his meeting with Mike Sferra,Director of Public Services and that Mike Sferra was encouraged to get requests in to TXU. Frankie Delgado stated that we do need to get these to TXU for their approval or disapproval. David Willey proposed that the Master Plan be submitted to TXU and Frankie Delgado concurred in that anything can happen to change the process that TXU has currently. Frankie Delgado stated that the City of Plano has hike and bike trails throughout and asked if there are any TXU easements. Mr. Harper stated that TXU own some easements outright and there are some easements in the city right of way. Frankie Delgado stated that he assumes that if the plan is approved, TXU would not change the scope of their approval. Mr. Harper stated that in this current situation, this process is far along the review Minutes—March 27,2006 Wylie Parks and Recreation Board Page 2 process that he does not foresee it being affected. However, plans, drawing and sketches need to be submitted and that Bill Nelson is aware of TXU's multi-level review. Frankie Delgado asked how long of a process is this. Mr. Harper stated that in this particular project, TXU has been working on it for several months. Daniel Chesnut asked if this was the first time TXU was presented with any easements on bike and hike trail from the City. Mr. Harper stated that this is the first time. Daniel Chesnut stated that due to the process involved that maybe everything should be given to TXU at once. David Willey stated that one of the problems is that grants and other things need to be incorporated because based on the explanation of Mr. Harper with TXU, the Wells property has a large amount of towers going through it and that if an easement in that area is not allowed,then this is a loss to the city. Daniel Chesnut addressed the usage and visibility of TXU towers on properties. Daniel Chesnut asked if Mr. Harper could request TXU to speed up their review/approval process. The question was asked if the Park Board proceeded on this item and TXU denies the request, will TXU put a fence around the easement or how they handle this? Daniel Chesnut stated that the process of 4 months for review and approval of an easement for Joel Scott Park from TXU is too long. Frankie Delgado asked for an explanation of the process that TXU uses, whether TXU do an evaluation of a particular area or just by the submission of plans. Mr. Harper stated that plans/plat should be submitted stating what is proposed and that the indemnification process is involved in easements of this type. Daniel Chesnut stated if TXU approves a process and construction does not start for a few years, how long is the approval for. Bill Harper stated that the current agreement does not have a construction date. Bill Nelson asked if blanket utility easements can be approved by TXU which would not hinder parkland dedication by developers. Mr. Harper stated that approval is given case by case. Daniel Chesnut stated that the Park Board was under the impression that TXU standard policy for easements are approved as long as there were no standing structures or ornamental trees and that some benches are allowed. It was noted that acceptance of dedications by the City from developers are based on TXU approval. Mr. Harper stated that TXU reviews request of easements on a case by case basis. Robert Diaz stated that in general, developers brought parkland dedications to the city and that if some of were in TXU easements that we have had them bring in documentation that it was okay to build on these easements. Robert Diaz stated that he understood that Mike Sferra wanted Mr. Harper to clarify for the Park Board what is required due to fact that the City has a Master Plan that contacts easements which raises a question on what is the position of the board and city down the road on taking dedications that are easements and how to deal with it. Bill Nelson stated that a red flag has been raised. Frankie Delgado asked about a road going underneath a transmission line if there is a process and Mr. Harper stated that there is a process for this also. Mr. Delgado stated that we need to determine time lines involved in the process of getting easements presented to TXU for approval. Eugene Gamer asked what is the deniability or acceptance by TXU for easements. Mr. Harper stated that liability of each instance is also involved and if municipalities are willing to take on additional risks. David Willey asked if the Master Plan could be presented to TXU for some type of agreement for future development. Bill Nelson asked if a blanket agreement could be approved. Mr. Harper stated that a blanket agreement would not be approved and that each hike and bike trail must be outlined in a plat. Bill Nelson asked if a map was submitted with all of the trails outlined if this would suffice. Mr. Harper stated that he has never said that hike and bike trails could be placed on easements within the city if they met TXU standard policy. Bill Nelson stated that it was not stated but taken as such. Daniel Chesnut stated that developers had addressed the Park Board on projects and final decisions were made by the Park Board based on the approval by TXU of easements. Minutes—March 27,2006 Wylie Parks and Recreation Board Page 3 Mr. Harper asked if Mr. Nelson could provide him with the concerns of the Park Board and he will get answers for the Park Board. Mr. Harper asked that for hike and bike trails that plans be submitted. Frankie Delgado asked what is the review process of TXU and if this could be provided to Park Board. Eugene Garner asked how often do TXU change towers in that he had not seen one changed. Mr. Harper stated that towers can and have been changed. Eugene Garner asked that TXU provide the Park Board with standards. Daniel Chesnut asked the Park Board to review this further and that the Master Plan be provided to the Park Board and a meeting be set with Mike Sferra regarding the Wells Property. Bill Nelson asked if the Park Board would like to look at assessment of easements within the City. Robert Diaz asked if the Park Board would like to table this item. Bill Nelson stated that he will review all of the TXU easements within the City. David Willey agreed that easements need to be looked at and the more that can be approved by TXU now would benefit the city. The Park Board agreed that all of the easements considered for hike and bike trails need to be reviewed and approved by TXU. Daniel Chesnut asked if this would hurt or hinder the agreement TXU has for the Brown Street Substation area that is being built on the land there. Robert Diaz stated that it is not within transmission lines. That it is within property outside the substation that TXU was looking into dedicating to the Parkland that the trail east of the station could be used as a hike and bike trail going into Avalon and several other areas . Robert Diaz asked if this item could be tabled and that he will get with Mike Sferra on how to tackle the trail system and documentation to get clearance on some of the issues taken up and presented these to the Park Board at the next meeting. Mr. Harper stated that maps, drawing and other visible information be provided to TXU. Board Action Daniel Chesnut suggested this item be tabled to the next until the next Park Board Meeting. David Willey asked that TXU be provided the Master Plan as soon as possible. Robert Diaz stated that staff will meet with Mike Sferra and report back to the Park Board. Frankie Delgado made a motion to table Item 3. Board member David Willey seconded the motion. A vote was taken and passed 4-0 with Board members Benny Jones, Brandi Lafleur and Anne Hiney absent. Board Chairman Daniel Chesnut called a recess at 7:27pm. The meeting reconvened at 7:32p.m. Board Chairman Daniel Chesnut requested that the Board move back to Item 2. 2. Consider and act upon the proposed parkland dedication in the Planned Development-Hood Tract.The presentation will be made by Tim Coltart of the Skorburg Company. Requestor Comments Mr. Tim Coltart, of the Skoburg Company3838 Oakland Avenue, suite 1212, Dallas,Texas. Mr. Coltart present an added proposal to the Park Board. Mr. Coltart proceeded with a power point presentation.. The hood tract is located on the future right of way of Alanis blvd slightly west of fm544 and north of Braddock Place. The concept plan submitted to the city is based on the Braddock Place plan approved Minutes—March 27,2006 Wylie Parks and Recreation Board Page 4 PD. A preliminary plat has been approved for Braddock Place and this is similar to Braddock Place plans with the same flexibility. Alanis Blvd is going to be one of the most access points to Bozman Farms, Pheasant Creek, Braddock Place, Collins Estates and the new entrance to that part of Wylie. Skoburg proposal is to dedicate right of way to the city and land to the city for parkland. The second proposal is for 147 lots and 5 acres of park land proposed. Board Comments Daniel Chesnut stated that roads can not be considered by the Park Board. Frankie Delgado stated that median can not be included in the park land dedication. Mr. Coltart stated that he understood and that he had presented the overall plan along with the dedication and that improvements would be along with the Alanis Blvd and that the 5 acres dedication would be relatively strong. Frankie Delgado stated that Skoburg would still be allowed to make up the difference in dedication with funds or some other type of compensation. Daniel Chesnut asked for clarification regarding the lot sizes and placement in correlation of the parkland. Frankie Delgado stated that he is concerned regarding the 1.2 acres and foresee this as an island that can not be used. He has a concern about the property in that it is more advantageous for the developer than the city due to the fact that you have to cross a main thoroughfare to get to it. Daniel Chesnut asked impact of fees on this property. Robert Diaz and Bill Nelson had calculated $280,000 is the equivalent for whole 140 lots and the balance from the parkland. Mr.Coltrat asked if this is $3,000 per lot. Robert Diaz stated that it is $2,500 per lot. David Willey stated that on the new plan that 4 areas to the city are to be dedicated. Mr. Coltrat clarified this in that it is only the 5 acres and not the area around the Bates property, the Pullen property and the area along 544 which would be maintained by the HOA. David Willey stated that the Park Board would like to have larger parks and two separate parks make this plan difficult. Mr. Coltrat asked the Park Board which proposal works for the Park Board. The Park Board member had concerns regarding the layout of the parks. Mr. Coltrat asked if an 8 acre park on the north side work. The Park Board had concerns of both of the concepts presented by Mr. Coltrat of the Skoburg Company. FD had concerns of practicability and redundancy of the parks and the location of the parks close to the existing Community Park. Mr. Coltrat stated that as an entrance to this area that this will bring consumers Robert Diaz stated that 5 acres is a minimum park size and the balance is in fees. Also that the City Manager would like to see park and public areas developed and usable, verses a piece of property. Frankie Delgado stated that this is something worth considering. Bill Nelson stated that the options are to accept 5 acres and the balance in fees or no parks and just the fees. Frankie Delgado asked staff if the city has a park around 5 acres that could be used as a reference to compare in size. Robert Diaz stated the Friendship Park and Eureka Park are around the 5 acres size. Robert Diaz stated that a 5 acre minimum park to the north would be a nice park for the area. Frankie Delgado stated that he would be willing to look at plan improvements and is still concerned about pocket parks. Frankie Delgado stated that he would like to deny both plans submitted to Park Board and asked that developer come back with another presentation. Daniel Chesnut asked the developer if additional homes could be placed where the 1.2 acre on the proposed plan are located. Mr. Coltrat stated that logistically that was not possible. Bill Nelson stated that Mike Sferra and he did go out and look at the land last week. Bill Nelson identified boundary landmarks and in response to questions by the Park Board. Daniel Chesnut asked if the hike and bike trail tie into the master plan. Robert Diaz stated that he wasn't for sure but felt that it does. Daniel Chesnut asked about the location of a creek and if construction would affect the flow of it. Eugene Garner identified the location of the creek and other areas in question and that the creek is a concrete viaduct. Frankie Delgado asked what is the potential to get along the creek and access to it. Frankie Delgado stated that this is a selling point if they could tie this into Community Park. Bill Minutes—March 27,2006 Wylie Parks and Recreation Board Page 5 Nelson stated that there is possibility but that due to ownership of land in the area that this. Site draining of the land, water and sewer availability, walking trail, irrigation, landscaping, playground, etc. are things that the Park Board looks at. Board Action Frankie Delgado made a motion to deny the proposed parkland dedication in the Planned Development- Hood Tract and asked the developer to bring a more feasible plan regarding the park acreage. Board Member David Willey seconded the motion. A vote was taken and passed 4-0 with Board members Benny Jones,Brandi Lafleur and Anne Hiney absent. DISCUSSION ITEMS 4. Discuss athletic light fee and timeline for athletic/user fee review. Staff Comments Robert Diaz presented this item to the Park Board. Robert Diaz suggested that the Park Board have a work session with the athletic league representative and also afterward invite the leagues to meet with the Park Board and afterward have a work session with council before it is presented to Dan Chesnut stated that the indicated timeline is fine. Board Discussion The consensus of Park Board is that the charge for field usage be $13.00 per hour. In response to a question regarding resident and non-resident fees, Robert Diaz stated other cities have addressed resident and nonresident usage. Daniel Chesnut stated that the biggest challenge is the user fee and that there may be adjustments and compromise. Robert Diaz stated that this is a discussion item and not an action item. 5. Staff updates on the following: • Joint work session with the Planning and Zoning Board April 4,2006. • Construction status on Olde City Park and Founders Park tennis court lights Staff Comments Assistant Superintendent Robert Diaz updated the board on the next Planning and Zoning Meeting to be held on April 4,2006 at 7:00p.m. Board Discussion Daniel Chesnut requested information about impact fee revenue in regards to new business' coming into Wylie. Mr. Diaz responded that he would have information on impact fee collections at the next Park Board meeting. Minutes—March 27,2006 Wylie Parks and Recreation Board Page 6 Daniel Chesnut asked if Public Services Director Mike Sferra had gotten any communication back from Collin County or the Railroad in regards to the property located adjacent to Olde City Park. Mr. Nelson did not believe that Mr. Sferra had heard anything in regards to the property adjacent to Olde City Park. Daniel Chesnut asked staff if the street lights/telephone poles located on southbound Hwy 78 just before you get to Olde City Park would be moved closer to Hwy 78. Mr. Nelson did not believe that they were set to be moved. Robert Diaz informed the Board that Mr. Sferra and Anne Hiney were attending the WISD City of Wylie joint meeting. Daniel Chesnut expressed further concern about putting Hike and Bike Trails in the TXU easements of Joel Scott Park and the possibility of being aggressive in getting TXU Electric Delivery approval to use the right of way. ADJOURNMENT Board Action With no further business,Board member David Willey made a motion to adjourn the meeting at 8:45 p.m.Board member Frankie Delgado seconded the motion.A vote was taken and passed 4-0 with Board members Benny Jones,Brandi Lafleur and Anne Hiney absent. Daniel Chesnut,Parks&Recreation Board Chairman SUBMITTED BY: Beth Zoucha,Park Board Secretary Minutes—March 27,2006 Wylie Parks and Recreation Board Page 7 7; Park and Recreation Board CITY OF WYLIE AGENDA REPORT q Meeting Date: April 24, 2006 Item Number: (City Secretary's Use Only) Department: Parks and Recreation Prepared By: Michael Sferra Account Code: Date Prepared: April 20, 2006 Budgeted Amount: $ Exhibits: 1 Subject Consider and act upon a request from the following groups to sell items at the Summer Concert Series: Friends of the Smith Library, Blackland Prairie Playground Foundation, and Downtown Merchants Association. Recommendation Motion to recommend approval for Friends of Smith Library, Blackland Prairie Playground Foundation, and Downtown Merchants Association to sell items at the Summer Concert Series. Discussion These non-profit organizations have all discussed with staff the possibility of selling items as fundraisers for their respective organizations. Staff has not finalized the specific items to be sold but proposed items would be drinks and glow-in-the-dark items such as necklaces. Staff has worked with these organizations previously and has no problems in the past. These organizations have shown interest in selling items but they have not confirmed with staff yet. Due to the lengthy process to get approval for these organizations staff has begun this process. Approved By Initial Date Department Director City Manager Page 1 of 1 CITY Oft YE1E CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP.ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Friends of Smith Library,Blackland Prairie Location Wylie Community Park Playground Foundation,and Downtown Merchants Date(s) June 1,2006 through July 2006 Association. Start Time 7:30pm End Time 9:30pm Contact Person Name Robert Diaz Number of Individuals Vending Items Multiple Address 2000 Hwy.78 North Target Audience all ages Phone No.972-442-8197 Anticipated Number in Attendance at Event 3-500 Alternate Phone No. Specific Items to be Sold Emergency Contact Name Mulitple items i.e.bottled water,cotton candy,glow sticks Address Phone No. Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend,peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however,that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. • . , 7, . Park and Recreation Board CITY OF WYLIE AGENDA REPORT . Meeting Date: April 24, 2006 Item Number: q Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: April 20, 2006 Budgeted Amount: $ Exhibits: 1 Subject Staff updates: Proposed joint Planning and Zoning workshop for May 2, 2006. Parkland dedication fund-commercial revenues Trails in TXU Easements Construction status on Olde City Park and Founders Park tennis court lights Recommendation N/A Discussion Staff will update the Board on the following areas: Proposed joint Planning and Zoning workshop for May 2,2006. Parkland dedication fund-commercial revenues Trails in TXU Easements Construction status on Olde City Park and Founders Park tennis court lights Page 1 of 2 rage i of 1 Robert Diaz From: Karla Stovall [karla.stovall@wylietexas.gov] Sent: Wednesday, April 19, 2006 3:24 PM To: Robert Diaz; Robert Diaz; Mike Sferra; Bill Nelson Subject: Revenue Summary -Commercial Parkland Dedication Revenue Summary Commercial for 2005-2006 Best Corner $ 690 Hibernia Bank $1,330 WEDC- Baylor $5,802 Total $7,822 Have a good day. Let me know if you need additional detail. k 4/21/2006 Robert Diaz From: Kathy A. Pinon [KAPinon@catw-tx.org] Sent: Thursday, January 19, 2006 7:43 AM To: rdiaz@ci.wylie.tx.us Subject: FW: Request for Information Hi Robert! Here's what we do at Parks and Recreation Department of The Woodlands: 1. What type of user fees(i.e. lights, participant, and facility)do you have and what are the rates? We currently rent facilities(fields and park pavilions)to residents only. Pavilions for$10(4 hours max)with a$25 refundable deposit up to 50 people, $100 for 50+ people. Fields-$5 per hour, $25 per hour additional if with lights 2. Does anyone have a recent fee surveys from other cities? We may have recent fee surveys from other cities—contact Julie Traweek, our Project Manager at jgtraweek@catw-tx.org 3. What type of agreements do you have with your leagues; if you have agreements can you provide me an example of it? We run most of our league through the Recreation Division under our Parks Program Coordinator's supervision. We have a few we contract out but the contractor still reports to the program coordinator. In that case, we would have an Independent Contractor Agreement. 4. Does your organization sanction your leagues? What items do you ask for in order to sanction a league? I am not familiar—you can ask our Parks Program Coordinator, Willie Fowlkes at wjfowlkes@catw-tx.org. Hope this information helps. Kathy Pinon Community Associations of The Woodlands Parks and Recreation Department 281.210.3950 kapinon@catw-tx.org 1 CITY OF GARLAND PARKS AND RECREATION DEPARTMENT (Revised:January,2006) FACILITY USE AGREEMENT (***** New Sections) 2006 Season This agreement made and entered into this day of 2006 by and between the City of Garland Parks and Recreation Department(herein referred to as PARD),and , herein referred to as PERMITTEE. PERMITTEE hereby designates as the ASSIGNEE of this agreement,as authorized by PARD. 1.0 Permission: PARD agrees to permit the use of following recreation facility/facilities for herein specified period of time as listed below: This will enable PERMITTEE to conduct the following recreational activity: 1.1 Nothing in this agreement gives or grants PERMITTEE/ASSIGNEE any property interest, easement,or leasehold estate in the above named facilities. 2.0 Agreement Period: All provisions of this contract shall continue in full force and effect for a period of one(1)year from the commencement date of the agreement. 2.1 Actual facility use for league play by PERMITTEE shall begin on the day of 2006 And end on the day of 2006 2.2 The following dates are specifically excluded from this agreement: 3.0 Facility Maintenance: 3.1 The PERMITTEE shall maintain the facility per the attached Exhibits and keep the facility in good repair at all times. 3.2 Causing disrepair of facility or equipment when the PERMITTEE is responsible for the facility or equipment as stated in this agreement and attached Exhibits, shall be grounds for appropriate action. "Appropriate action", as used in this section, shall mean immediate termination of the agreement or prohibition of any activity on the premises until the repair is effected or, if PERMITTEE refuses or fails to make repairs as directed, needed repairs may be made by PARD and the PERMITTEE shall be charged for the cost thereof. The action taken shall be at the discretion of PARD. 3.3 Any league maintenance equipment including to, but not limited to hand tools, rakes,drags, hoses,etc. and/or materials such as infield soil conditioners, sand, clay, etc. not properly stored on site shall be immediately removed when requested by PARD. If, after such notification, the league fails to respond promptly, PARD may remove and dispose of the improperly stored maintenance equipment or materials. 3.4 The City of Garland, PARD, its agents,officers and employees may enter into the buildings, premises or any area at any reasonable time for any purpose necessary, incidental to or connected with ownership of the property or the performance of its obligations hereunder; or for any reasonable inspection thereof; or in the exercise of its governmental functions. 1 **** 3.5 PERMITTEE shall maintain year-round any and all storage building(s)remaining on their facility. This includes making any improvements mandated by the Garland PARD,the Health Department, Building Inspection Department,and/or any other City of Garland Agency. This responsibility also includes the correcting and repairing any damage due to vandalism and/or weather. Any structures or building deemed as "Temporary"must be removed from the site by the end of the agreement date. **** 3.6 PERMITTE shall provide year-round maintenance to any approved league responsible irrigation and infield irrigation systems. Any infield grass or other grassed areas identified as the league's responsibility shall be maintained year-round to include mowing and weed control. **** 3.7 PERMITTEE is required to meet with PARD representatives within thirty(30)days of the end of the agreement date for an end-of-season inspection of your playing fields and concession stands. The execution of the start date for your league's FUA may be delayed subject to any off-season field and concession stand conditions previously identified by PARD that have not been corrected or repaired. 3.8 PERMITTEE shall have thirty(30)days from the ending date of this agreement or from the termination date of this agreement to remove any owned equipment which is movable and not of permanent nature. After 30 days and upon written notification to the league, PARD may take possession of and/or dispose of this equipment or items. 4.0 Concession Stands: ***** 4.1 PERMITTEE has permission to operate one concession stand per field at its facility during the facility use time period through the attached Concession Stand Exhibits. All food and drink prepared, served, sold or shall be done so in strict conformity with all applicable laws, statutes, regulations and ordinances of federal, state and local authorities. Concession stands must meet all codes and health standards as set forth by the City of Garland. PERMITTEE must apply for, complete all requirements, and pass a "Food Operator's" inspection from the City of Garland Health Department. Upon passing this inspection by the Garland Health Department, PERMITTEE must obtain a "Concession Stand Operators Use Permit". This permit must be posted in their concession stand to be seen by all customers. In addition, PERMITTEE must provide the Garland PARD Athletic Office with a copy of this permit. Concession stands shall also be subject to in- season as well as off-season inspections by PARD and the Garland Health Department. 4.2 PERMITTEE has permission to sell any concessions,goods,souviners,etc.,except for tobacco products, alcoholic products,or any items for drug and/or medicinal purposes. All souvenirs offered for sale must be related to the sport involved. 4.3 PERMITTEE shall maintain the concession stand per the attached Exhibits and keep the concession stand in good repair at all times. When there is more than one concession stand from different coordinated organizations in the same athletic complex, PERMITTEE may only operate their concession stand during PERMITTEE'S league play unless there is a written agreement approved by PARD between all entities involved in that complex. 4.4 PERMITTEE will provide PARD with a key to their concession stand. The City of Garland, PARD, its agents, officers and employees may enter into the concession stand buildings, premises or any areas at any reasonable time for any purpose necessary, incidental to or connected with ownership of the property or the performance of its obligations hereunder; or for any reasonable inspection thereof; or in the exercise of its governmental functions. ***** 4.5 When operating a concession stand in an athletic complex shared with other competing organizations with concession stands within the same facility or park, PERMITTEE shall be allowed to operate their concession stand under the following restrictions: a) Concession Stand may only be open for business for their own league sanctioned games with umpires/officials. b) Concession Stand may only open for business thirty(30) minutes prior to the scheduled games starting times and remain open only thirty(30) minutes after the completion of the last game on your league's fields. c) If serving windows need to be open at times other than the approved operating times, a sign is to be posted stating that the concession stand is closed for business. 2 5.0 Facility Improvements by League: 5.1 PERMITTEE shall submit to PARD for review and approval a written request, and design drawings as required,for the installation of any facility improvements and equipment. In addition,this written request shall be subject to the review and approval by Building Inspection, Health, Fire and any other City department whose area of responsibility is within the purview of such installation and design. The PERMITTEE shall be responsible for securing such approvals and any required permits. No work shall start prior to PERMITTEE receiving final written approval from PARD specifically stating such improvements are authorized and the installation may proceed. Such approval shall not waive or affect PERMITTEE'S obligation to indemnify under the Indemnification Section in this agreement. ***** 5.2 Any unauthorized buildings, structures, installations, additions, etc., made on PARD property without written approval, shall be subject to removal by PARD. Any such structures not removed within the notified date for removal will be removed by PARD and could be depositied at the City landfill. 6.0 Inclement Weather and Field Conditions: 6.1 The decision to play on PARD athletic fields during or immediately after inclement weather shall be the responsibility of the PERMITTEE. 6.2 PERMITTEE shall be responsible for any actions as a result of play during or after inclement weather, Including repairing, under PARD direction,damage to turf or playing surface. PARD reserves the right to cancel league games or activities due to inclement weather or field conditions. 6.3 PERMITTEE shall develop a"Safety Action Plan"to implement during severe weather. The capricious nature of thunderstorms cannot guarantee absolute protection from lightning strikes. However, being aware of proven safety guidelines from the "National Lightning Safety Institute" (NLSI), and following recommended safety procedures can greatly reduce the risk of injury or death. Weather Watch/Warning Definitions: • Severe Thunderstorm Watch: Weather conditions are favorable for high winds, heavy rain, and/or hail to develop. • Severe Thunderstorm Warning: A severe thunderstorm has been detected in the area and high winds, heavy rain and hail are present in the storm. • Tornado Watch: Weather conditions are favorable for the possibility of tornado activity in the area. • Tornado Warning: A tornado has been sited or indicated by radar in the area. This warning is usually followed by the location of the tornado, direction of travel, and period of time for movement through a specific area. 6.4 Recommended guidelines and rules to incorporate into your Safety Action Plan. • Safety Action Plan — Have posted recommended areas where your players and patrons are to go when play is suspended for severe weather: 1) Recommended Areas: Large enclosed permanent structures, enclosed buildings, vehicles,and/or private residences. 2) Non-Recommended Areas: Shacks, small metal sheds, picnic shelters, golf carts, open top vehicles, and baseball/softball dugouts. • "Flash To Bang: Lightning Detection Method — To estimate the distance between you and the lightning flash, count the number of seconds from the time you see the lightning flash until you hear thunder. Divide the number of seconds counted by five (5) to get the estimated distance in miles that the lightning is away from you. (Example: If it takes 15 seconds before you hear thunder, the lightning is 3 miles away from you). • "30 /30 Lightning Rule" — It is recommended by NLSI that you suspend all outdoor play and seek shelter if the time between the lightning flash and thunder is 30 seconds or less. Once it is determined that lightning is less than 6 miles away (30 seconds divided by 5), you should not resume activities until 30 minutes after the last audible thunder. 6.5 It is recommended the PERMITTEE purchase an approved type of"Lightning Detector"and have operable and on site at all times of play. ***** 6.6 Due to weather situations that could occur during the year or on an on-going basis, PERMITTEE agrees to follow any demands or restrictions as mandated by the City of Garland, Garland PARD,the National Weather Service, or any other governmental agency with dealings with the City of Garland. 3 7.0 Youth Coaches Certification: PERMITTEE is encouraged to have all coaches involved in youth athletic leagues participate in a youth athletics coaching certification program. 8.0 Criminal Background Checks: All PARD youth athletic Coordinated Organizations are strongly encouraged to conduct criminal background checks for any person applying for or appointed to a position within the organization. This should include, but is not limited to, elected/appointed board members/officers, coaches, assistant coaches, referees/officials, scorekeepers, concession volunteers, promotional volunteers, equipment managers, and facility managers. It shall be the sole responsibility of the PERMITTEE to coordinate any background checks that are conducted. 9.0 Smoking Prohibited: Smoking is prohibited within 20 feet of all Parks&Recreation Department Athletic fields,athletic courts, food concession stands,and spectator bleachers. 10.0 Submission of Required Information: PERMITTEE shall submit in a timely manner, or by dates as indicated by PARD, any and all league/organization records, documentation and information, etc., as required by PARD. These items listed on the "Paperwork Responsibility Checklist" shall be signed by the Organization President or designee and returned by the beginning of the official playing season or by the date designated on the Checklist. These items shall include: (1) Facility Use Agreement(FUA), (8)Concession Stand Cooking Agreement, (2) FUA Exhibits, (9)League/Teams Summary Form, (3)Amendments to any Exhibits,as required, (10)Season Playing Schedule, (4) Responsibility Recap Sheets, (11)Organization Constitution&By-Laws, (5)League Resolution and Authorization Form, (12) Proof of Bonding, (6) League Officers Information Form, (13)Proof of General Liability Insurance, (7) Season Dates/Calender of Events, (14) Proof of Additional Insurance(Optional) (15)Other forms as required. 11.0 Activities Not Allowed: PERMITTEE covenants and agrees it will not engage in any business on premises or do anything in connection therewith which shall be in violation of any federal, state or local law or regulation or to use the same in such a manner as to constitute a common nuisance. 12.0 Incorporation of Policies: The policies and regulations of the Parks Recreation Department and the Parks and Recreation Board are incorporated in to and made a part of this Agreement. Unless expressly provided herein, no officer, agent or employee of PARD may waive any policy of PARD or grant any privilege to the PERMITTEE as these policies are to be strictly preserved by the Parks and Recreation Board. 13.0 Assignment: PERMITTEE is prohibited from and hereby agrees not to lease, sublease,or assign this agreement of the facilities, or any part thereof, except on prior written consent of the Parks and Recreation Department or as authorized in this agreement. PERMITTEE shall be required to submit the written contract from sub-lessee stating all provisions regarding utilization of facilities and fees to be paid to the organization. Contract must be submitted for the approval of PARD prior to entering into an agreement with sub-lessee. 14.0 Waiver: No assent, expressed or implied by PARD to any breach of any PERMITTEE covenants,conditions or terms hereof, shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreements, conditions or terms hereof. 15.0 Nondiscrimination Requirement: No person, firm, corporation, organization, association, league or group shall be denied the use of Park premises and facilities or participation in any Coordinated Organization league or activity because of race, sex, color, religion, national origin or disability. The PERMITTEE shall comply with the "Americans With Disabilities Act"(ADA). 16.0 Facility/Field Allocations: Decisions regarding allocation and/or reallocation of an athletic field shall be determined by PARD staff, based on actual use of the field and a 2-year average of team and/or individual registrations. Fields not meeting the "Games Per Week Per Field Capacity" in Table 3, Recreation Activity Field Capacity Analysis, Development Guidelines for Parks & Recreation, may be subject to reallocation. Final determination of field allocation will include input from the PERMITTEE Association. 4 17.0 Relationship of Parties: Nothing contained herein shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or partnership nor of venture, it is being expressly understood and agreed that no provision contained herein nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship between the City of Garland as a governmental entity, and its citizens, in a regulatory matter governing the use of facilities and the conduct of activities related thereto. The PERMITTEE shall not represent to any person, by any means,that it acts for or on behalf of the City, unless expressly so authorized, in writing, by the City. 18.0 Independent Contractor: 18.1 While engaged in carrying out and complying with the terms and conditions of this agreement, the PERMITTEE is, and shall be, an Independent Contractor and shall not, with respect to its acts or omissions, be deemed an officer, employee or agent of the City. The PERMITTEE shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. 18.2 PERMITTEE is and shall be an Independent Contractor, with full, complete and exclusive power and authority to direct, supervise, and control its own employees and agents and to determine the method of the performance of the activities covered hereby. The fact that the City's representative shall have the right to observe PERMITTEE'S work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the City's representative hereunder, is not intended to and shall not at any time change or affect the status of the PERMITTEE as an Independent Contractor with respect to either the City's representative or to the PERMITTEE'S own employees or agents or to any other person, firm or corporation. 19.0 Indemnification: 19.1 The PERMITTEE agrees to indemnify and hold harmless and defend the City, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands, and actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs, attorneys' fees and other reasonable costs arising out of or resulting from PERMITTEE'S work and activities conducted in connection with or incidental to this agreement and from any liability arising out of or resulting from its intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, to the fullest extent provided by the express negligence doctrine as set forth by the Texas Supreme Court. 19.2 It is the expressed intention of the parties hereto, both the City and PERMITTEE, that the indemnity provided for in this paragraph is indemnity by the PERMITTEE to indemnify and protect the City to the fullest extent provided by the express negligence doctrine as set forth by the Texas Supreme Court. 19.3 The PERMITTEE further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for the safety of its officers, agents, employees, subcontractors, licensees, invitees and other persons, as well as their property,while on the premises or in the facility. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the PERMITTEE, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, Lessee's sublessee's, and other persons. 19.4 Further, the City assumes no responsibility or liability for harm, injury, or any damaging events directly or indirectly attributable to PERMITTEE'S activities performed under this agreement or any premise defect which may now exist or which may hereafter arise upon the premises, responsibility for any and all such defects being expressly assumed by the PERMITTEE. The PERMITTEE understands and agrees that this indemnity provision shall apply to any and all claims, liens, suits, demands and actions for damages, injuries to persons (including death), property damages (including loss of use), and expenses, including court costs,and attorneys'fees, and other reasonable costs based upon or arising from any such premise defects or conditions, including, but not limited to any such claim asserted by or on behalf of the PERMITTEE, including but not limited to its officers, agents, employees,subcontractors, licensees, invitees, Lessee's sublessee's, and other persons. 5 19.5 The PERMITTEE agrees to indemnify and save the City harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, all supplies, including commissary incurred in the furtherance of the performance of this Agreement. When the City so desires,the PERMITTEE shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,discharged or waived. 19.6 It is further agreed, with respect to the above indemnity, that the City and the PERMITTEE will provide the other prompt and timely notice of any event covered which in any way, directly or indirectly, contingently or otherwise, affects or might affect the PERMITTEE or the City, and the City shall have the right to compromise and defend the same to the extent of its own interests. 20.0 Bonding: AU coordinated organizations which handle funds in excess of$5,000.00 annually shall furnish evidence of a "Fidelity Bond or Commercial Crime Coverage" in an amount sufficient to cover average available funds of the organization, for league officers who are approved by their respective Board of Directors, Executive Committee,or governing body to disburse or receive organizational funds. 21.0 Insurance: 21.1 PERMITTEE shall maintain in full force and effect General Liability Coverage to include but not limited to coverage for premises, operations, products, completed operations, Independent Contractors, personal injury liability, and contractual liability insuring the indemnity provisions of this agreement. Coverage amounts shall not be less than the following amounts: $250,000 per person, and $500,000 per occurrence bodily injury,and $100,000 per occurrence property damage. 21.2 A certificate of insurance or copy of insurance shall be furnished to the City for approval with copies filed in the office of the City of Garland Risk Manager and the City of Garland PARD. This insurance shall name the City of Garland as an "Additional Insured". It should also provide that the City shall receive 30 days prior written notice before any change or cancellation of the policy. PERMITTEE further agrees to provide the City with evidence of these coverages and coverage provisions for any and all lessees and/or sublessees. 21.3 PERMITTEE understands and agrees that the City shall not be responsible or liable for any loss(including to but not limited to theft, vandalism, fire, equipment failure, or natural occurrences) or property or improvements located at the facility and belonging to or utilized by the PERMITTEE or any other person or entity. PERMITTEE expressly holds harmless and indemnifies the City from and against any such loss. 21.4 PERMITTEE may elect to maintain coverage for all the contents of PERMITTEE'S structures and for contents owned, rented, leased by the PERMITTEE and located within City owned structures and/or facilities. Property coverage should be a"Fire and Extended Coverage"or similar form. 22.0 Termination: Any violation of any of the provisions of this agreement and/or exhibit(s) shall be grounds for the termination of the agreement, subject to the approval of the Parks and Recreation Staff. The Parks and Recreation Board may terminate this Agreement without cause or penalty by giving PERMITTEE at least 30 days written notice. 23.0 League Authorization: PERMITTEE/ASSIGNEE and its Governing Body shall approve a resolution authorizing its President or Representative to be the official Designee to sign this Agreement on its behalf and to act as its official representative responsible for contact with PARD 6 24.0 Exhibits: It is especially provided for and agreed by and between PARD and PERMITTEE that the Exhibits hereto attached and listed below shall be part and parcel to this agreement as if set out here in their entirety. 24.1 Field Exhibits Field Exhibit"A" Exhibit "C" Exhibit"D" 24.2 Concession Stand Exhibits Facility Exhibit"E" Exhibit"F" 24.3 Concession Stand Waiver Facility Amendment to Exhibits"E"&"F" 24.4 National Tournament Exhibits Facility Exhibit"G" 25.0 Authorized Signatures: YEAR: 2006 CITY OF GARLAND PARKS AND RECREATION DEPARTMENT(PARD) COORDINATED ORGANIZATION NAME(PERMITTEE) Steve Finigan PARD Representative(print) Organization Representative(print) Signature Date Signature Date LEAGUE(ASSIGNEE) By signing this Agreement,assignee agrees to be bound by all its terms and conditions. League-Assignee League Representative(print) Signature Date 7 League: Abbreviation: Field(s): Class: Year: EXHIBIT "A" FOR CLASS "A" FIELDS (FULL GRASS INFIELDS) INFIELDS COMPLETELY MAINTAINED BY OTHERS 1. «M 1»shall be responsible for year round maintenance on all infield turf and red clay areas commensurate with Park maintenance standards. Infield turf maintenance shall include mowing,weed control,fertilization and herbicide spraying. 2. PARD shall perform all turf maintenance to the outfield areas. PARD shall mow,fertilize,spray herbicide and control weeds,in all outfield turf areas and cut all foul lines. 3. «M 3»shall provide all red clay and perform all dirt and clay renovation to include cutting infield arcs and base paths and building pitchers mound. No dirt/sand or red clay shall be stockpiled on PARD property without written permission from PARD. Stockpiled clay/sand/dirt must be removed or leveled by the League within 30 days following the end of the current season. 4. «M 4a»shall drag the infields and chalk baseline and any other field markings on«M 4b» (days of the week). Grass cut foul lines shall not be chalked. 5. «M 5»shall be prohibited from performing any maintenance to any outfield turf areas without Permission from PARD. 6. «M 6»shall maintain all backstops,fences and gates in a safe and secure condition. 7. «M 7»shall maintain all bleachers in a safe and secure condition. 8. «M 8»shall maintain all dugouts in a safe and secure condition. 9. «M 9»shall be responsible for the maintenance of any infield irrigation system and watering of the infield. 10. «M 10»shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. 11. «M 11»shall be responsible for the installation,maintenance,and condition of all signs and advertisements located on fences and buildings and for their removal and proper off-site storage during the off-season. All temporary signs must be moved and stored off-site within 30 days following the end of the current season. cM 12»shall maintain the restrooms in a safe and sanitary condition. 13. «M 13»shall provide bases,a home plate,basestakes,and a pitching rubber per assigned field. 14. «M 14»shall install the home plate,basestakes and the pitching rubber. All items listed above must be provided 30 days prior to the start of the season if PARD is to install. 15. «M 15»shall provide all equipment,tools,supplies,drags,mats,materials etc.necessary for the operation of their respective activities regarding their playing field(s)and provide proper storage at all times for these items. 16. «M 16»shall provide and maintain all area and ballfield lighting systems. 17. «M 17»shall be responsible for the installation,condition,and maintenance for on-site storage buildings,areas,rooms,etc. 18. «M 18»shall be responsible for all equipment,materials,tools,etc.stored in these storage facilities. 19. «M 19»shall be responsible for the installation,condition,and maintenance for all public address systems,press boxes,flag poles,and scoreboards. 20. «M 20»shall be responsible for daily game day policing of all fitter on their field(s)to include playing areas,dugouts,fences,backstops,bleachers,concession stands and adjacent grounds. All litter shall be placed in the trash bins,trash cans,and trash receptacles provided by PARD. 21. PARD shall provide the pick-up and emptying of these trash receptacles. 22. PARD reserves the right to utilize the facilities when this Facility Utilization Agreement is not in force. If facility is abandoned,the agreement is terminated. Garland PARR Organization: «League» PARD Representative: Steve Finigan President/Rep: gnature: Signature: Date: Date: League:• «League» Abbreviation: «ABB» Field(s): «Field» Class: «Class» Year: EXIIBIT"C" FOR CLASS"C-"FIELDS(SKIN INFIELDS) INFIELD MAINTAINED BY PARD 1. PARD shall maintain the infield and all turf areas in the outfield to include mowing,weed control,fertilizing,and herbicide spraying. 2. PARD shall cut all foul lines. Grass cut foul lines will not be chalked without permission from PARD. 3. PARD shall perform all pre-season red clay and turf maintenance to include adding red clay,red clay renovation,and cutting infield arcs. 4. «M 4»shall build the pitcher's mound if needed. No dirt/sand or red clay shall be stockpiled on PARD property without written/verbal permission from PARD. Stockpiled clay/sand/dirt/additives must be removed or leveled by the League within 30 days of the end of the contract. 5. «M 5a»shall drag the infield and chalk baselines and any other field markings on«M 5b» (days of the week). PARD shall drag the infield and chalk baselines on all other days of the week. 6. «M 6» shall be prohibited from performing any maintenance to any infield dirt/clay and/or outfield turf areas without permission from PARD. 7. «M 7»shall maintain all backstops,fences and gates in a safe and secure condition. 8. «M 8»shall maintain all bleachers in a safe and secure condition. 9. «M 9»shall maintain all dugouts in a safe and secure condition. 10. «M 10»shall be responsible for the maintenance of any infield irrigation system and watering of the infield. 11. «M 11»shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. 12. «M 12»shall be responsible for the installation,maintenance,and condition of all temporary signs and advertisements located on fences and buildings and for their removal and proper off-site storage during the off-season. These signs must be removed within 30 days of the end of the contract. 13,,,,,«M 13»shall maintain the restrooms in a safe and sanitary condition. <M 14»shall provide bases,a home plate,bases stakes,and a pitching rubber per each assigned field. 15. «M 15»may install the home plate,bases stakes and the pitching rubber,if requested by the league. All items listed above must be provided 30 days prior to the start of the season if PARD is to install. 16. «M 16» shall provide all equipment,tools,supplies,drags,mats,materials,etc.necessary for the operation of their respective activities regarding their playing field(s). 17. «M 17»shall provide proper storage at all times for the items listed in No.16 above. 18. «M_18»shall provide and maintain all area ballfield lighting systems. 19. «M 19»shall be responsible for the installation,condition,and maintenance for any on-site storage buildings,areas,rooms,etc. 20. «M 20» shall be responsible for all equipment,materials,tools,etc.stored in these storage facilities. 21. «M 21»shall be responsible for the installation,condition,and maintenance for all public address systems,press boxes,flagpoles,and scoreboards. 22. «M 22»shall be responsible for daily game day policing of all litter on their field(s)to include playing areas,dugouts.fences,backstops,bleachers,concession stands and adjacent grounds. All litter shall be placed in the bins,cans,and trash receptacles provided by PARD. PARD shall provide the pick up and emptying of these trash receptacles. 23. PARD reserves the right to utilize the facilities when this Facility Utilization Agreement is not in force. 24. If facility is abandoned,this agreement is terminated. GARLAND PARD ORGANIZATION «League» PARD REPRESENTATIVE Steve Finigan PRESIDENT/ REP. S,.-,i'JATURE SIGNATURE DATE DATE League: «League» Abbreviation: «ABB» Field(s): < '?eld» Class: «Class» Year: EXHIBIT "D" FOR CLASS "D"FIELDS (FULL GRASS INFIELDS) ALL GRASS FIELDS 1. <dv1 1»shall be responsible for all turf maintenance requirements to include mowing,fertilizing,weed control,and herbicide spraying. 2. «M 2»shall cut all required lines. PARD will not chalk any lines unless growth of the lines will not permit lines to be cut. 3. <<M 3»shall be responsible for chalking any additional lines not maintained by PARD. 4. «M 4»shall be responsible for the leveling and back filling of low areas as needed and for providing the dirt,sand,clay,etc.to back fill and spread. 5. «M 5» shall be prohibited from performing any maintenance to grass areas without permission from PARD. 6. <dvt 6» shall maintain all bleachers in a safe and secure condition. 7. «M 7» shall maintain all fences in a safe and secure condition. 8. <<M 8» shall be responsible for the installation,maintenance,and condition of all irrigation systems and watering of the fields. 9. «M 9» shall be responsible for the installation,maintenance,and condition of all temporary signs and advertisements located on fences and buildings and for their removal and proper off-site storage during the off-season. These signs must be removed within 30 days of the end of the contract. 10. «M 10» shall maintain the restrooms in a safe,clean,and sanitary condition. 11. «M 11» shall provide all field equipment,props,markers,etc. and the installation as needed for playing the sport or activity designated for this field. If PARD agrees to install such equipment,the league must provide this equipment a minimum of 30 days prior to the start of their season. 12. «M12» shall provide all equipment,tools,supplies,drags,mats,materials,etc.for needed maintenance as required,and for the proper and safe storage at all times for these items. 13. «M 13» shall maintain all area and ballfield lighting systems. 14. <dvi 14» shall be responsible for the installation,condition,and maintenance for any on-site storage buildings,areas,rooms,etc. 15. «M 15»shall be responsible for all equipment,materials,tools,etc.stored in these storage facilities. 16. «M 16» shall be responsible for the installation,condition,and maintenance for all public address systems,press boxes,flag poles,and scoreboards. 17. «M 17» shall be responsible for all daily policing of all litter on their field(s)to include playing areas,dugouts,fences,backstops,bleachers,concession stands, and adjacent grounds. All litter shall be placed in the bins,cans,and trash receptacles provided by PARD. PARD shall provide the pick-up and emptying of these trash receptacles. 18. PARD reserves the right to utilize the facilities when this Facility Utilization Agreement is not in force. 19. If the facility is abandoned,this agreement becomes terminated. Garland PARD Organization: «League» PARD Representative: Steve Finigan President/Rep: Signature: Signature: Date: Date: League: «League» Abbreviation: «ABB» Field(s): «Field» Class: «Class» Year: EXHIBIT "E" FOR CLASS "E"FIELDS (FULL GRASS INFIELDS) CONCESSION STANDS MAINTAINED BY OTHERS AT ALL TIMES 1. «M 1»shall have exclusive use of the concession stand for the duration of the agreement 2. «M 2»shall provide year round maintenance to the outside of the building including any score booths and equipment buildings. 3. «M 3» shall maintain at all times the inside of the concession stand and shall be responsible for all fixtures,appliances,electricity,plumbing,and all equipment necessary for storage,preparation,and serving of food and drinks in a clean,safe,and sanitary manner commensurate with similar PARD facilities in compliance with City of Garland statutes and ordinances and acceptable State of Texas applicable agencies. 4. «M 4» shall be required to pass a pre-season inspection by inspectors of the City of Garland Environmental Health Department and a post-season clean-up inspection by officials from Garland PARD and/or the Health Department. All food handlers and concession stand workers will be required to attend a"Food Handlers Seminar" conducted by the Environmental Health Department. 5. «M 5» shall be required to police both their concession stand grounds and athletic field grounds of all trash,garbage,paper,boxes,cartons,containers,litter,etc. generated by the concession stand. Cooking oil and other liquid cooking wastes shall be disposed of in a manner prescribed by the City of Garland Environmental Health Department. Adequate trash receptacles shall be furnished by PARD with the exception of the receptacles for disposal of cooking oils and liquids. Trash dumpsters will be furnished by and emptied by the City. The concession stand operators will be required to break down all boxes and paper containers before placing in the dumpster. 6. «M 6» shall furnish PARD with one(1)set of keys,marked with the league name for access to their concession stand,equipment rooms,and score booths for emergencies and inspections only by CITY/PARD staff. 7. «M 7» shall be responsible for the installation,condition,maintenance,and service of scoreboards,telephones,and public address systems. All utility and communication lines will be installed below ground. 8. <<M 8» shall be responsible for off-season winterizing of plumbing fixtures associated with their concession stand and for shutting off all water and electricity,except for permitted uses no later than November 15 of each year. All exceptions must be approved by PARD. 9-'-"«M 9» shall be responsible for keeping on only the essential appliances during non-use times. Air conditioners are to be operated only during times when the concession ,tand is open to the public. Only refrigerators and freezers may be left on at all times. Ice machines shall be unplugged and water lines drained and unhooked during the off-season. 10. «M 10»shall be responsible for providing the paint and labor for painting the outside of their concession stand,score booths,and equipment buildings as required. The colors will be determined by PARD. 11. shall be responsible at all times for the clean,sanitary conditions of the concession stand interior walls,ceilings,floors,cabinets,doors,counters,shelves,etc. The interior shall be painted periodically as required. The paint and labor for interior painting shall be the responsibility of the concession stand operator. 12. «M 12» shall be responsible for the security of the concession stand building,equipment rooms,and inside scorebooths,to include any alarm systems and other security devices. 13. «M 13»shall be responsible for the total contents of the concession stand,equipment rooms,and inside score booths and for securing insurance for the total structure and contents and for paying any and all insurance premiums. 14. «M 14» shall be responsible for any grounds clean-up after new construction,renovation,or repairs have been made. This includes any work dealing with electricity, plumbing,water,gas,sewer,etc.All grounds will be restored to its previous condition or better than before any work was begun. Any and all plans and work performed by the league or concession stand operator must be approved by PARD. 15. PARD shall be responsible for underground utility lines and pipes leading up to the concession stand. PARD shall have all water to concession stands turned on by March 15th of each year unless weather conditions are prevalent Environmental Health Department inspections shall not be scheduled prior to this date. Garland PARD Organization: «League» PARD Representative: Steve Finigan President/Rep: Signature: Signature: DgLe: Date: League: «League» Abbreviation: «ABB» Field(s): «:icld» Class: «Class» Year: EXHIBIT "F" CONCESSION STAND MAINTAINED BY PERMITTEE ONLY DURING CONTRACTED TIMES 1. «M 1»shall have exclusive use of the concession stand only during the specified time stated on the FUA. Contents,materials,equipment etc.including portable, non-permanent appliances owned by the league and left in the concession stand during the off-season shall be the responsibility of the league. 2. PARD shall be responsible for the condition and maintenance to the outside of the concession stand building and the hot water heater on the inside of the stand. 3. eM 3» shall maintain at all times the inside of the concession stand and shall be responsible for all fixtures,appliances,electricity,plumbing,and all equipment necessary for storage,preparation,and serving of food and drinks in a clean,safe,and sanitary manner commensurate with similar PARD facilities in compliance with City of Garland statutes and ordinances and acceptable State of Texas applicable agencies. 4. eM 4» shall be required to pass a pre-season inspection by inspectors of the City of Garland Environmental Health Department and a post-season clean-up inspection by officials from Garland PARD and/or the Health Department. All food handlers and concession stand workers will be required to attend a"Food Handlers Seminar"conducted by the Environmental Health Department. 5. eM 5» shall be required to police both their concession stand grounds and athletic field grounds of all trash,garbage,paper,boxes,cartons,containers,litter, etc.generated by the concession stand. Cooking oil and other liquid cooking wastes shall be disposed of in a manner prescribed by the City of Garland Environmental Health Department. Adequate trash receptacles shall be furnished by PARD with the exception of the receptacles for disposal of cooking oils and liquids. Trash dumpsters will be furnished by and emptied by the City. The concession stand operators will be required to break down all boxes and paper containers before placing in the dumpster. 6. PARD shall furnish keys for access to the concession stand to the President of the League(PERMITTEE). A$10.00 key deposit per key shall be paid in check to the PARD office. Keys for any additional locks in the concession stand building shall be furnished by the league to PARD. 7. «M 7» shall be responsible for the installation,condition,maintenance,and service of scoreboards,telephones,and public address systems. All utility and communication lines will be installed below ground. 8. eM_8» shall be responsible for off-season winterizing of plumbing fixtures associated with their concession stand and for shutting off all water and electricity,except for permitted uses no later than November 15 of each year. All exceptions must be approved by PARD. eM 9» shall be responsible for keeping on only the essential appliances during non-use times. Air conditioners are to be operated only during times when the concession stand is open to the public. Only refrigerators and freezers may be left on at all times. Ice machines shall be unplugged and water lines drained and unhooked during the off-season. 10. «M 10» shall be responsible for providing the paint and labor for painting the outside of their concession stand,score booths,and equipment buildings as required. The colors will be determined by PARD. 11. «M 11»shall be responsible at all times for the clean,sanitary conditions of the concession stand interior walls,ceilings,floors,cabinets,doors,counters, shelves,etc. The interior shall be painted periodically as required. The paint and labor for interior painting shall be the responsibility of the concession stand operator. 12. «M 12» shall be responsible for the security of the concession stand building,equipment rooms,and inside scorebooths,to include any alarm systems and other security devices. 13. «M 13» shall be responsible for the total contents of the concession stand,equipment rooms,and inside score booths and for securing insurance for the total structure and contents and for paying any and all insurance premiums. 14. «M 14»shall be responsible for any grounds clean-up after new construction,renovation,or repairs have been made. This includes any work dealing with electricity,plumbing,water,gas,sewer,etc.All grounds will be restored to its previous condition or better than before any work was begun. Any and all plans and work performed by the league or concession stand operator must be approved by PARD. 15. eM 15» shall be responsible for the payment of utility costs consumed by the concession stand during the specified time stated on the FUA. 16. PARD shall be responsible for underground utility lines and pipes leading up to the concession stand. PARD shall have all water to concession stands turned on by March 15th of each year unless weather conditions are prevalent. Environmental Health Department inspections shall not be scheduled prior to this date. Garland PARD Organization: «League» PARD Representative: Steve Finigan President/Rep: Signature: Signature: Date: Date: �.. City of Allen Parks and Recreation Department Athletic Facility Rental Agreement This Agreement is entered into on this the day of 200_, between the City of Allen and Parks and Recreation Department (City), and , (Organization)by and through its authorized representative. The term of this agreement shall be from , through 1. Definitions a. Co-Sponsored Organization means any organized group that has entered into a Facility Utilization Agreement with the City of Allen utilizing the City owned or leased facilities, and in someway providing a service,program, or revenue benefiting the City of Allen. b. Resident means a person who lives or works within the City of Allen, or in the case of a church sponsored team, worships within the Extra Territorial Jurisdiction of the City of Allen. c. Nonresident means a person who lives outside the City of Allen. d. Nonresident team means a team made up of less than 51%resident players. e. Season means a recurrent period of time characterized by league practices and games associated with registration fees for a particular sport as agreed upon by the designated representative from both parties. f. Game facility is defined as a facility where league play is being held and use is being managed in order to maintain the playing conditions at a high level. Game facilities are designated by the Parks and Recreation Department. These facilities are subject to usage fees. g. Outdoor athletic facilities include, but are not limited to, lighted and unlighted playing fields and courts programmed for the purpose of conducting practices, league play, tournaments, meets, camps and clinics for competitive and recreational sports that include, but are not limited to, soccer, football, baseball, softball, lacrosse, cricket and rugby or any such use as deemed appropriate by the Parks and Recreation Department. 2. Facility Requirements a. The Renting Organization is responsible for all trash and litter on the complex. All trash and litter must be picked up during the rental and deposited in onsite facilities at the end of each day. Page 2 of 3 Athletic Facility Rental Agreement b. The Renting Organization will be held responsible for any excessive wear or damage to the facility. Deposit is subject to forfeiture if the above conditions occur. c. The Renting Organization shall provide a point of contact and shall submit all applicable phone numbers at time of rental. The Renting Organization shall provide the point of contact with a means of direct communication at all times during the rental. 3. Indemnification and Insurance a. The Renting Organization assumes all liability and responsibility for and agrees to fully indemnify, hold harmless and defend the City of Allen, and its officers, agents, servants and employees from and against all claims, damages, losses and expenses, including but not limited to, attorneys' fees for injury to or death of a person or damage to property arising out of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the services described hereunder or in any way resulting from or arising out of the management, supervision, operation, or activities of the Renting Organization. In the event of joint and concurring responsibility, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with Texas Law, without waiving any defense of the parties under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. b. Insurance as provided in exhibit 'A'. 4. Fees a. Co-Sponsored Organization Fees • $4/hour per field (two hour minimum) • Lights are charged at $3/hour/field. • Refunds for field rental fees are only refundable due to inclement weather and or cancellation of the rental seven(7) days prior to the rental date. b. Resident Non Co-Sponsored Organization Fees • $4/hour per field (two hour minimum) • Lights are charged at $3/hour/field. • Refunds for field rental fees are only refundable due to inclement weather and or cancellation of the rental seven (7) days prior to the rental date. c. Nonresident Non Co-Sponsored Organization Fees • $30/hour per field (two hour minimum) • $50 deposit per field • Lights are charged at $16/hour/field. • Deposit must be received at time of reservation to guarantee the reservation. First deposit received will have priority over facility reservation. Page 3 of 3 Athletic Facility Rental Agreement • Refunds for field rental fees are only refundable due to inclement weather and or cancellation of the rental seven(7) days prior to the rental date. , (Renting Organization)hereby agree to observe and abide by the rules and policies of the City of Allen Parks and Recreation Department and the (Renting Organization) also agree not to hold the City of Allen or its employees liable for any injuries incurred in connection with 's (Renting Organization) participation in this Activity Signature of Applicant Date Print Name Contact Phone Number Address Address CITY OF COLLEYVILLE PARKS AND RECREATION ATHLETIC FACILITIES UTILIZATION AGREEMENT FOR COLLEYVILLE SOCCER ASSOCIATION This Agreement for the use of athletic facilities is designed to ensure that athletic facilities owned and/or operated by the City of Colleyville, inclusive of Grapevine- Colleyville Independent School District facilities, are utilized efficiently and safely. The City of Colleyville Parks and Recreation Department will work with volunteer athletic organizations to cosponsor a high quality youth sports program for the Colleyville community. The parties to the Agreement are the City of Colleyville, Texas herein called "CITY" and the Colleyville Soccer Association (CSA) herein called "Association". I. ALLOCATION OF FACILITIES Each organization will be assigned facilities for the City. All organizations shall submit a written request to the Parks and Recreation Department (PARD) for the use of game fields. In the event two or more organizations request the use of the same facility, the City reserves the right to review and adjust scheduling to ensure that all facilities are being fully utilized. A. The City agrees to permit the use of "City" athletic facilities for the scheduling of the Colleyville Soccer Association league games and/or practices, as described in Exhibit "D" 2005 Athletic Facilities Use Agreements and in accordance with the Interlocal Agreement between the City and the G-CISD General Regulation and Guidelines for Facility Usage. The "City" agrees to permit the use of the G-CISD facilities for the scheduling of practices, as described in Exhibit "D". B. The City agrees to permit the use of the use of "City" athletic facilities for the scheduling of two Colleyville Soccer Association pre/post season activities subject to the approval of the Parks and Recreation Director. 1. Players and Coaches Clinic September 9 2. Players and Coaches Clinic September 30 C. All DFW Tornado events must be approved through the Colleyville Soccer Association, and then approved through the Parks and Recreation Director. All other skill clinics and tryouts must also be approved through the Parks and Recreation Director. D. The City requests that Pleasant Run Game fields be closed during the fall season for field maintenance one day per work week and from October 3-6. E. The term of this Agreement shall be from September 2 through November 12. All makeup game schedule requests will be given to the Colleyville Parks and Recreation Department in writing at least 48 hours before the makeup game date for approval. Information will contain dates, times and fields for makeup times. F. The terms of this Agreement will not automatically be renewed on a semi-annual basis. The City will review requests twice each year and respond in writing to the requesting organization concerning the availability of facilities. G. The Association shall not assign this lease nor shall it sublease or rent out any property, or charge fees for any game or practice facility without written consent of the City. This provision includes soccer camps and tournaments. H.The Association shall not engage in any business on the premises or violate any existing state of federal law or municipal ordinance, or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. II. ASSOCIATION RESPONSIBILITIES A. The Association shall maintain, in effect, a general liability insurance policy, naming the City as an additional insured, in an amount of least one million dollars ($1,000,000) with such a policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic league play at Pleasant Run Soccer Complex. B. The Association shall be a non-profit association, as set forth by the Internal Revenue Service. C. The Association shall have an elected Board of Directors, to include a President, Vice-President, Secretary, Treasurer and a designated Field Operations Manager. The names of these officers, including addresses and telephone numbers, shall be filed with the City immediately following election or a change in office. D. The Association's Constitution and by-laws shall be filed with the City. E. Upon request, the Association shall furnish a copy of financial statements to the City. F. The Association shall furnish a complete copy of the league game schedules to the City at least one (1) week before the start of the season. The schedule must be legible and include only the games that will be conducted on City owned or operated facilities. G. The Association shall maintain a communication network with the City only through the President of the Association or the Field Operations Manager for facility requests or needs. H. All the games and practices will conclude by 10:00 p.m. The lights must be out by 10:30 p.m. The City through the Parks and Recreation Director will make any exceptions. I. The Association shall collect a $5.00 maintenance fee per participant, per season. The maintenance fee must be paid to the City by November 1, 2005. (Resolution R- 98-1392). J. The Association shall collect a $10.00 non-resident fee per participant, per season. A non-resident fee will not be charged to any resident or family with an adult member, who is employed in the City of Colleyville. The non-resident fee does not pertain to any family for which the fee would create a financial hardship. The non-resident fees must be paid to the City by November 1, 2005. (Resolution R-92- 737). K. The Association shall provide the City with a written report, which includes the total number of participants, including a breakdown of resident and non-resident participants and their addresses by November 1, 2005. L. The Association shall not make any improvements to park property without the approval of the Parks and Recreation Director. M. The Association shall not drive any vehicles on walkways at all times. There are no exceptions. N. The Association shall be responsible for the parking lot and driveway guidelines at Crown of Life Lutheran Church: 1. The parking area is for the exclusive use of the church between the hours of 7:00 a.m. to 2:00 p.m. every Sunday. 2. The parking area is for the exclusive use of the church between the hours of 5:00 p.m. and 10:30 p.m. every Wednesday. 3. Check if signs giving notice of the church's exclusive right to the use the parking area for the above mentioned times are posted. If not, please contact the City. 4. Keep the parking area free from all garbage, trash and other debris. 5. Remove all garbage, trash and debris from the parking area so that the parking area will be clean on each Sunday morning at 7:00 a.m. O. The Association must comply with the provisions of this section before the conduct of any games. III. PARKS AND RECREATION DEPARTMENT RESPONSIBILITIES A. The Parks and Recreation Department (PARD) will provide and maintain all game facilities, as identified in Exhibits "A" and "B". IV. EXHIBITS The City and the Association do hereby agree that the Exhibits attached hereto shall be part and parcel to this Agreement, as set out in their entirety. Exhibit "A" Field Maintenance Agreements Exhibit "B" Closure of Athletic Fields Exhibit "C" Concession Stand Agreement Exhibit "D" Field Requirements Exhibit "E" Checklist Requirements V. INDEMINITY The Association shall indemnify and hold harmless the City, its agents, officials, employees, and game officials, from any and all claims for bodily injury, illness, death and personal injury and property damage arising out of the activities or the Association and its members in exercising its rights under this Agreement. VI. SCHEDULING The City reserves the right to utilize facilities when league practice or games are not scheduled. If a facility is abandoned, this Agreement is terminated. VII. DEFAULT A violation of this Agreement shall result in the termination of this Agreement. Any termination of this Agreement will be made with a thirty- (30) day notice and the right to move within ten (10) days. This Agreement is made an entered into on this the 22"d day of August, 2005. Association President/Representative Printed Name and Signature City of Colleyville Recreation Supervisor Printed Name and Signature City of Colleyville Parks and Recreation Director Printed Name and Signature EXHIBIT "A" CITY-OWNED FIELD MAINTENANCE AGREEMENT 1. The Parks and Recreation Department (PARD) shall maintain all turf areas, which includes mowing, weed control, fertilization and herbicide spraying for the Pleasant Run Park Soccer practice and game Complex and Sparger Park. 2. The Parks and Recreation Department shall perform all pre-season turf maintenance to include top dressing and painting field marking lines at the Pleasant Run Park Soccer Complex. 3. The Parks and Recreation Department shall mark field lines, when deemed necessary, for scheduled league play and will respond to the requests of the Association. 4. The Parks and Recreation Department shall maintain game field goals and bleachers in a safe and secure condition. 5. The Parks and Recreation Department shall be responsible for the maintenance of any turf irrigation system and watering of the fields. 6. The Association is responsible for soccer goal nets. 7. The Association is responsible for the conduct of its players, parents and coaches throughout the specified time set forth in this Agreement. 8. The Association shall be prohibited from performing any maintenance to any turf areas without permission of the City. 9. The Association shall be responsible for the daily game day collection of all litter of the fields. The Association will encourage the collection of litter in the bleachers, concession areas, and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City will provide for the pick-up of these receptacles. 10. The Association will be assist in for monitoring restrooms and policing trash during all association events at Pleasant Run Soccer Complex. The city will furnish adequate trash receptacles. 11. All goals have been secured at Pleasant Run practice and game fields, Reagan Park, LD Lockett, and Sparger Park. The Association is not allowed to move these goals. The Association will submit a written request to the City when soccer goals are to be relocated. Small-sided goals at Pleasant Run game fields will be installed and removed by the Association before and after each use. The City will not be responsible for any liability with this. EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT FOR THE SOCCER FIELDS The City will close the soccer fields under the following conditions: 1. The athletic fields are too wet for play. 2. The athletic fields need to be closed in the interest of participant safety and/or preservation of the playing surfaces. 3. The G-CISD determines that school fields are to be closed. PROCEDURES FOR ATHLETIC FIELD CLOSURE Weekdays 1. The primary responsibility to determine athletic field closure decision shall rest with the Parks Superintendent responsible for athletic field maintenance. The City will provide the Association Field Operations Manager with the names, addresses and telephone numbers of the Parks Superintendent or his designee responsible for athletic field maintenance. 2. The appropriate Association Field Operations Manager has the responsibility to inform the Association and participants concerning field closure decisions. 3. The City will inspect the athletic fields by 4:00 p.m. on game or practice day. 4. The City will make a decision based upon field conditions or the weather. 5. The decision of the Parks and Recreation Department will be final. 6. If inclement weather becomes a factor after the games have begun the game officials and/or Association officials shall follow the same guidelines for deciding cancellation or postponement. 7. A red flag will be raised to indicate the fields are closed. Weekends 1. The City will inspect all athletic fields by 4:00 p.m. on Friday. 2. If a decision is not possible at 4:00 p.m., a Parks and Recreation Department employee, in conjunction with the Association's Field Operation Manager, will monitor the weather and field conditions throughout the weekend and makes decisions on field closure(s), as needed. 3. The City will make a decision based upon field conditions or weather, if possible. 4. If the Association's Field Operation Manager and the Parks and Recreation Department employee do not agree, the decision of the Parks and Recreation Department employee takes precedence. 5. A red flag will be raised to indicate the fields are closed. EXHIBIT "C" CONCESSION STAND AGREEMENT 1. The Association shall have exclusive use of the concession stand at the Pleasant Run Park Soccer Complex for the duration of this Agreement. 2. The Association shall at all times during the duration of this Agreement maintain the inside of the concession stand and shall be responsible for all fixtures, appliances, and all equipment necessary for storage, preparation and serving of food and drinks in a clean, safe, sanitary manner commensurate with similar City facilities in compliance with City, County and State statutes and ordinances and acceptable to applicable agencies. The City shall be responsible for all maintenance and repairs to the permanent physical structure of the building, such as electrical wiring, plumbing and other structural components. 3. The Association is to have a seasonal inspection by the Tarrant County Health Department. The Association is responsible for any Health Department Certificates and a copy must be submitted to the city. 4. The Association shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc. generated by the concession stand. The City will furnish adequate trash receptacles. 5. The City shall furnish the Association with three (3) sets of keys marked Pleasant Run Soccer Complex concession stand, storage room and roll-up windows and the alarm code and password for the term of this agreement. The Association will provide to the city the names of the individuals who have these keys. 6. The Association shall be responsible for the installation, maintenance and service of all telephones. Written permission must be received from the City before any installations or repairs of utility and communication lines. 7. The City shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand following the end of the current season. 8. The City shall be responsible for underground utility lines and pipes leading to the concession stand. 9. The Association shall be responsible for keeping on only the essential appliances during the season's non-use times. Only refrigerators, freezers, and air conditioners may be left on at all times. Ice machines shall be unplugged and water lines unhooked during the off season. 10. The Association shall at all times during this agreement be responsible for the sanitary conditions of the walls, ceilings, floors, cabinets, doors, etc. on the inside of the concession stand. 11. The Association shall be responsible for the security of the building property. 12. The Association shall be responsible for the total contents of the concession stand. Securing any insurance of all of the contents of the building is optional and will be the responsibility of the Association. 13. The Association must maintain a three-foot clearing from the electrical panel box in the storage area. 14. The City reserves the right to utilize the concession stands during times other than during this Agreement. 15. If facility is abandoned, this Agreement is terminated. EXHIBIT "D" COLLEYVILLE SOCCER ASSOCIATION Fall 2005 FIELD USE REQUIREMENTS LOCATION DATES DAYS TIME Pleasant Run 9/2 - 11/12 Saturdays 8 a.m.-10 p.m. Soccer Fields Mon-Fri 4 p.m.-10 p.m. Pleasant Run 8/15 - 11/12 Mon-Fri 4 p.m.-dark Practice Fields Saturday 8 a.m.-10 p.m. Sparger Park 8/15 - 11/12 Mon-Fri 4 p.m.-dark Heritage 8/15- 11/12 Mon-Fri 5:00 p.m.-dark Middle (subject to G-CISD approval) Colleyville Heritage 8/15 - 11/12 Mon-Fri 5:00 p.m.-dark High School (subject to G-CISD approval) 404, Colleyville Soccer Association Representative Printed Name and Signature City of Colleyville Recreation Supervisor Printed Name and Signature City of Colleyville Parks and Recreation Director Printed Name and Signature EXHIBIT "E" CHECKLIST FOR THE YOUTH SPORTS ASSOCIATIONS USE OF THE CITY ATHLETIC FACILITIES ❑ Application submitted between sixty (60) and ninety (90) days of planned use. ❑ Upon request, the Association will provide the City of Colleyville copies of financial statements. ❑ Signed statement of athletic facility policy compliance is enclosed. ❑ Signed waiver of liability is enclosed. ❑ Field Layout requests are to be submitted to the City by August 15, 2005. ❑ City of Colleyville is named as an additional insured on the Certificate of Insurance, and submitted to the City by August 15, 2005. ❑ List of Association Board of Directors is enclosed with names and addresses, and submitted to the City by August 15, 2005. ❑ Game schedules are to be submitted to the City by August 26, 2005, with reference to picture day and its rainout date. ❑ A written report, which includes the total number of participants, including a breakdown of resident and non-resident participants and their addresses by November 1, 2005. ❑ Maintenance fees are to be submitted to the City by November 1, 2005 ❑ Non-resident fees are to be submitted to the City by November 1, 2005 2005 FACILITY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § This lease agreement is entered into between the City of Mesquite, Texas, hereinafter referred to as the "City", and the (Insert the name of the youth sports association) hereinafter referred to as the "Association", acting by and through their duly authorized representatives, respectfully. FOR AND IN CONSIDERATION of the mutual undertakings hereinafter set out, the parties agree as follows: I. DESCRIPTION OF PREMISES The City agrees to permit the use of its facility/ies known as(Insert the name and location of the City facilities) attached here to and made a part here of for all purposes,hereinafter called"Premises", for the term of this agreement. II. TERM The term of this agreement shall be from (Insert beginning date) through (Insert ending date) for the purpose of using the Premises for organizing and implementing athletic leagues on City of Mesquite Parks. The Association shall pay for such use the sum of One Dollar($1.00)payable in advance,upon the covenants and conditions as follows. At any time during the term of this agreement, either party may cancel by giving sixty (60) calendar days written notice to the other party. This right to cancel is exercisable with or without an occurrence of default as provided in paragraph XXI. hereof. If the Association fails to complete the formation of at least four divisions, composed of four teams per division, to use (Insert the name and location of the City facilities) and grant access to the required rosters for the 16 teams to the City on or before (Insert due date), this Agreement shall become null and void. The sixty-day notice will be waived, and the facilities will revert to the City for its use. III. ASSOCIATION AFFILIATION The City strongly encourages the Association to establish a direct affiliation, registration and membership with a state or national governing body or association that is specific to the Association's given sport. This state or national association must be recognized as a sport governing body that has been in existence for a minimum period of ten(10)years. IV. ASSIGNMENT/SUBLEASE The Association shall not assign this lease agreement nor shall it sublease or rent out any property of the City without prior written consent of the City. This provision includes any camps, scrimmages and/or tournaments. V. USE OF PREMISES The Association shall not engage in any business on the Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The City reserves the right to exclude any individual or group from its facilities based on conduct, which it determines in its sole discretion to be objectionable or contrary to City interests. The Association hereby consents to the exercise of such authority by City over its officials,agents and members. VI. NON-DISCRIMINATION During the performance of its respective duties and responsibilities, as related to the execution of this agreement, the Association shall not discriminate on the basis of race, creed, color, age, national origin, religion, sex or disability in accordance with current state or federal laws. VII. INDEMNIFICATION/INSURANCE The City shall not be liable to the Association or the Association's agents, officials, employees, contractors, members and participants for any damage to person or property caused by an act of negligence or malfeasance of the Association or the Association's agents, officials, employees, contractors, members or participants, and the Association agrees to indemnify and hold harmless the City, its agents, officials and employees and any umpire or official from any and all claims for any such damage arising out of the activities of the Association, its agents, officials, employees, contractors, members and participants. The Association shall provide the City at least ten (10) days prior to the beginning of each playing season with a policy of public liability insurance in a reasonable amount to be agreed upon by the City. 2 VIII. FOOD/DRINK SALES All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all City ordinances, county, state and federal statutes and subject to all applicable terms and conditions set forth in the "Concession Stand Agreement" attached hereto as Exhibit"B" (page 11). IX. CRIMINAL BACKGROUND CHECKS One of the primary goals of the City is to continually ensure the safety and welfare of its youth during their participation in all sports and athletic activities that occur on or in City athletic facilities. The Association shall conduct criminal background checks on all persons acting as head coaches, assistant coaches, board members and any other person acting in an official capacity with any organization directly overseeing the Association's youth activities. These checks shall be conducted prior to the beginning of each playing season and shall remain valid for the calendar year. The Association shall employ a reputable company licensed by the State of Texas to conduct such checks. The Association shall also adopt and publish a criminal background check policy to be used for determining an individual's eligibility to coach. Should an individual be disqualified as a result of the check, the Association will prohibit that individual from serving in any official capacity with the Association's activities. The Association shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each check. Exhibit"D"—Criminal Background Investigation Policy is shown as an example of a City policy that the Association may wish to employ. The Association shall furnish to the City a listing of the persons that have successfully undergone a criminal background check prior to the beginning of any individual's involvement with any youth related activities. An Association Board member shall sign this listing for final verification of the actions taken by the Association. X. COACHES TRAINING The Association shall furnish to the City at least ten (10) days prior to the beginning of each playing season a roster of all coaches involved in any Association activities related to this agreement. All Association coaches will be required to have completed a Coaching Youth Sports Certification Clinic training program equal to or as provided by the National Youth Sports Coaches Association(NYSCA) or the Texas Amateur Athletic Federation(TAAF). These coaches will also be required to have taken an oath related to a Code of Ethics Pledge as provided by these training programs or as per Exhibit "C" — Youth Coaches' Code of Conduct Pledge (page 14). Each Association coach must have completed both of these activities prior to participating in any Association sponsored practice or game. Said completion will be noted on the Coaches Roster that the Association will provide to the City. Those coaches that sign up to participate after the 3 original submittal of the Coaches Roster will be trained as needed in follow-up training sessions. They cannot coach until they have completed their required training. The Association will submit a supplement to the Coaches Roster with the new information as needed to update the City files within ten (10) days of completing the new coaches training. XI. ROSTERS AND SCHEDULES The Association shall furnish to the City rosters of all participants, listing where participants are domiciled and listing the full schedule for the season within thirty (30) days after the beginning of each playing season. Any additions or changes to any rosters and/or schedules will be submitted as a supplement to the City within two (2) weeks of those changes having been made. XII. NON-RESIDENT POLICY All City of Mesquite recreation programs and facilities are designed to benefit the Mesquite community first. Non-Residents may be charged a Non-Resident fee for certain activities or for use of certain facilities when the surrounding communities provide, or, should provide these same activities or facilities for their residents. XIII. USER FEES The Association shall pay the City a five dollar($5.00) User Fee for each resident player enrolled in an Association sport for each playing season. Non-Resident players participating in any Association sports must pay a $15.00 User Fee for each playing season. The Association is responsible for identifying the Non-Resident players participants on their rosters. User fees must be paid in full to the City at the time that the rosters are furnished to the City. Rosters must be submitted with payment as required to verify the total number of participants and teams. XIV. FIELD LIGHTS The Association may utilize field lighting systems for league games at no cost to the Association. Lights for practicing may only be used with the consent of the City and with a fee of twenty dollars ($20) per one (1) hour per field used. Many field lighting systems have timing devices that are programmed to allow lights to be turned on at specific times. Manual lighting systems should not be activated any sooner than one hour 4 before sunset and must be turned off upon completion of activities. The Association agrees to stop all play by 10:30 p.m. for youth league games and 11:30 p.m. for adult league games. During tournaments, the Association agrees to stop all play by 11:30 p.m. Any exceptions to these guidelines must be approved in advance by the City. XV. USE BY CITY The City reserves the right to utilize the facilities when league games are not scheduled. If the Association completely abandons use of a particular facility, as determined by the City, this agreement as it pertains to that facility may be terminated by the City as provided herein. XVI. OFFICERS AND BOARD MEMBERS The Association shall submit to the City the names, addresses and phone numbers of all current officers and board members at least ten (10) days prior to the beginning of each playing season. The Association shall also post on their Internet Web site a copy of their most current board roster and contact information, constitution, bylaws, criminal background check policy, grievance procedures and playing rules at that same time. The Association shall post any adopted changes to this information in a timely manner as an update to the Association's Internet Web site. If the Association does not have an Internet Web site, the Association shall mail a copy of these documents to all of its Association members (parents, guardians, coaches, volunteers, etc.) before the Facility Use Agreement will be finalized. The City reserves the right to appoint a Parks and Recreation Department staff member to serve as a liaison to the Association's board. The liaison shall be a non-voting member of the board and shall not have a child that participated in that Association's sport at that time or in the preceding two years. The Association hereby consents to the exercise of this appointment by the City should the City deem this action a necessity to improve communications between the Association and the City. XVII. FINANCIAL RECORDS The purpose of requiring financial records is to allow participants the opportunity to effectively monitor the use of their money and to ensure that public facilities are not being used as a profit generator for any individual or group. It is intended that all funds raised by the Association be used directly for the athletic program that is the subject of this agreement. In that manner the City requires that the Association employ financial management systems that reasonably safeguard its financial resources. Financial 5 records should be developed and maintained in a way that is accessible and understandable to program participants. The Association must develop and submit to the City a financial management plan and financial records format. The adequacy of this plan shall be considered as a factor in determining whether to approve the Association's request for a Facility Use Agreement. The plan and financial records format must take into account all anticipated income and expenditure line items derived from the Association, associated organizations and concessions financial operations. This information must be submitted to the City at least 60 days prior to the approval of the Facility Use Agreement for the upcoming year. The Association shall provide their previous year's financial records and Federal Tax Return, if required by the Internal Revenue Service regulations, to the City by 2005. The financial records must be in the format as approved by the City with the issuance of the Facility Use Agreement. These documents are to be compiled by a certified public accounting firm (company of the Association's choice) at the time of submittal. The Association shall post a copy of this information on its Internet Web site or mail a copy of these documents to all Association members before the Facility Use Agreement will be finalized. For each month, or portion thereof, past the deadline that the requested information has not been turned in, a week will be deducted from the Association's requested use of the concession stands for their Association operations. The City may prohibit the use of any concession stand operations if the required financial documentation is not provided to the City as specified in this agreement. The City also reserves the right to call for a review of any Association financial records during the term that the agreement is in place including financial audits of the previous year's financial activities. XVIII. ASSOCIATION APPEALS PROCESS All Association members shall submit any concerns and/or complaints related to any Association operations to their respective Association under that Association's established grievance procedures. If an Association member does not get his/her grievance addressed or resolved, then that individual may appeal that issue to the City's Youth Sports Appeals Committee. This Committee's responsibilities shall be limited to the review of appeals related to any alleged violations of an Association's constitution and bylaws or this agreement. Should the Committee find that the Association is engaged in conduct that is objectionable or contrary to City's interests or detrimental to or against the public interests, the Committee may recommend that the City cancel this agreement should such conduct continue. The Parks and Recreation Advisory Board shall appoint this Committee. XIX. EXHIBITS It is especially provided and agreed by and between the Association and the City that the exhibits attached hereto shall be part and parcel of this agreement as if set out in their 6 entirety, said exhibits being: 1. FIELD MAINTENANCE EXHIBIT Exhibit "A" - City-Owned Field Maintenance Agreement 2. CONCESSION STAND OPERATION EXHIBIT Exhibit "B" - Concession Stand Agreement 3. YOUTH COACHES' CODE OF CONDUCT EXHIBIT Exhibit"C"—Youth Coaches' Code of Conduct Pledge 4. CRIMINAL BACKGROUND INVESTIGATION POLICY EXHIBIT Exhibit"D"—Criminal Background Investigation Policy Failure of the Association to comply with and implement the above policies, rules, regulations or conditions shall constitute a breach of this agreement as if the provisions of such policies,rules,regulations or conditions were set forth herein. XX. INDEPENDENT AGENT Nothing contained herein shall be deemed or construed by the parties hereto or by any third party, as creating the relationship of principal and agent, partners,joint ventures or any other similar such relationship, between the parties hereto. It is understood and agreed that no provision contained herein nor any acts of the parties hereto create a relationship other than the relationship of Lessor and Lessee. XXI. TERMINATION The violation of any of the provisions of this agreement constitutes a default, which may result in the termination hereof. In the event of such a default, the City may enforce the performance of this lease in any mode provided by law, and this agreement may be terminated at the City's discretion if such default continues for a period of ten (10) days after the City notified the Association of such default and the City's intention to declare the agreement terminated, such notice to be sent by the City by certified mail. Thereupon, unless the Association shall have completely removed or cured said default, this agreement shall terminate. The City's agent or attorney shall thereafter have the right,without further notice or demand and without resort to legal process,to re-enter and remove all persons and Association's property therefrom. Any such property which remains in or on the Premises after termination of this agreement shall be deemed to have become the property of the City and may be removed and disposed of by the City as the City sees fit, without resort to legal process and without the City being deemed guilty of any manner of trespass or becoming liable for any loss or damage which may be 7 occasioned thereby, and the City's agent or attorney may resume possession of the premises. Association Contact: City Contact: (Association President) Marco A. Cisneros, Director (Association Address) Parks and Recreation Department City of Mesquite P.O. Box 850137 Mesquite, Texas 75185-0137 XXII. AMENDMENTS, GOVERNING LAW AND VENUE Amendments and alterations to this agreement shall be made in writing. This agreement shall be governed by the laws of the State of Texas, and the parties agree that this agreement is performable in Dallas County, Texas. XXIII. SEVERABILITY If any provision of this agreement shall fail or be stricken for any reason whatsoever, the remainder of this agreement shall remain in full force and effect. This agreement is made and entered into on the day of , 2005. ATTEST: CITY OF MESQUITE, A TEXAS MUNICIPAL CORPORATION By: By: Judy Womack, City Secretary Ted Barron, City Manager Approved as to form: City Attorney or his designee 8 ATTEST: Association Name: Print Name: Title: By: Signature Print Name: Title: "Association" 9 EXHIBIT "A" CITY-OWNED FIELD MAINTENANCE AGREEMENT 1. The Parks and Recreation Department (City) shall maintain as available resources allow all turf areas on the fields to include mowing, weed control, fertilizing, herbicide spraying and irrigation. 2. The City shall perform all pre-season turf maintenance to include field lines. The City shall also provide sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary. 3. The City shall cut and/or mark all field lines at least once/week or as needed. 4. The City shall maintain all goals, fences, and gates in a safe and secure condition. 5. The City shall maintain all bleachers in a safe and secure condition. 6. The City shall provide and maintain all area and field lighting systems. 7. The City shall be responsible for the maintenance of any field irrigation system and watering schedules of turf areas. It will be the City's option to implement any changes as needed in the watering schedules. 8. The City shall be responsible for the maintenance of any adjacent park irrigation systems and the scheduling of watering non-athletic turf areas. 9. The Association shall be responsible for daily game day policing of all litter on their field(s) to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in trash bags for pick up at a designated site. The City shall provide for the pick up of trash bags. The Association will be required to remove any loose litter thrown into receptacles or dumpsters. 10. The Association, with the approval of the City, will be responsible for the storage and the pick up of all equipment after the completion of each game i.e.. bases, drags, ladders, concession boxes, barbecue grills or any other items as needed. There will be no storage of any motorized vehicles in any Athletic Complex concession stands. 11. The Association shall be prohibited from performing any maintenance to any turf or field areas without written permission from the City. 12. The Association shall submit in writing to the City of Mesquite Parks and Recreation Department within 90 days before the start of each season any request for additions/renovations to game/practice sites. 10 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The Association shall have exclusive use of the concession stand(s) located on the Premises described in the Facility Use Agreement (the "agreement") between the City and the Association for the duration of said agreement. 2. The Association shall, at all times for the duration of the agreement, maintain the inside of the concession stand and shall be responsible for all appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner commensurate with similar City facilities in compliance with City ordinances, county, state and federal statutes and acceptable to applicable agencies. 3. The Association shall comply with all state and City Health regulations governing the public sale of food and drink. The Association shall also be responsible for obtaining any Health Department Certificates, which may be required. 4. The Association shall be responsible for all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand inside and outside of the complex area. The City shall furnish an adequate number of trash receptacles, and trash will be placed at a designated site for pick-up. 5. The Association shall be responsible for the installation, maintenance and service of telephones and public address systems. The City will work with the Association to coordinate installation, maintenance, and service of telephone and public address systems. All utility and communication lines will be installed below ground with the necessary utilities locate actions performed prior to any installation work being initiated. 6. The City shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand no later than December 15th following the end of the current season. If winter conditions necessitate winterizing before the end of the season, the City will notify the Association as soon as possible. 7. The City shall be responsible for underground utility lines and pipes leading up to the concession stand. The City will have all water to concession stands turned on by March 1st of each year unless freezing weather conditions are prevalent. 8. The Association shall be responsible for keeping on only the essential appliances during the season's non-use times. All appliances shall be unplugged and associated water lines unhooked during the off-season. Storage of any kind is prohibited in and around irrigation controllers and electrical breakers. 9. The Association shall at all times during the duration of the agreement be responsible for the sanitary conditions of the plumbing fixtures, equipment, walls, ceilings, floors, cabinets, doors, etc., on the inside of the concession stand and the 11 corresponding restrooms. 10. The Association shall be responsible for the security of the building property to include any alarm systems and other security devices. 11. The Association shall be responsible for the total contents of the concession stand, securing any insurance for all of the contents and paying for insurance premiums. 12. The City reserves the right to utilize the concession stands and/or score booths during times not used by the Association. 13. If the concession stand is abandoned, this agreement may be terminated as provided in the agreement with the Association. 14. Any vehicle used by the Association for the operation of such concessions must comply with state vehicular inspection standards and be approved by the City for park areas and park users. Delivery trucks shall not be permitted within the park area unless there are existing service drives. Persons operating concessions shall see that the deliveries are made from designated service drives leading directly to the building. At fenced facilities, all delivery trucks are prohibited from pulling inside the fenced-in area. 15. The concession facilities shall only be operated by the Association, its agents, officers, employees,volunteers,and members, and such operation shall occur only during regularly scheduled league games. 16. The Association may use portable concession facilities to be operated by its agents, officers, employees, volunteers, and members and shall leave such portable concession facilities on park premises between games at the Association's expense and own risk. The Association shall not construct any permanent or semi-permanent structure on park property for the purpose of vending concessions. All portable concession/port-o-let facilities may be installed one week prior to the start of their season, at a City approved location, and must be removed from the premises within one week following the conclusion of their season. 17. All proceeds from the sale of such concessions shall only be used by the Association and its individual teams to foster and promote youth recreation in the City. 18. In case of default of any of the covenants herein, the City may enforce the performance of this agreement in any manner provided by law and pursuant to the agreement with the Association. 19. The Association shall take good care of the property and its fixtures and suffer no waste. The Association shall, at its own expense and cost, keep said premises in good repair. This includes, but is not limited to, keeping the waste water and water systems, closets, pipes and fixtures belonging thereto in good repair and 12 keeping the water pipes and connections free from obstructions to the satisfaction of the City during the term of the agreement. At the end or expiration of the term, the Association shall deliver up the demised Premises in good order and condition. The Association agrees to accept possession of the Premises in their present condition, and to allow for changes in such condition occurring by reasonable deterioration between the date hereof and the date the Association occupies said Premises. No improvements or alterations shall be made in or to the hereby demised Premises without the consent of the City in writing. 20. It is agreed for all purposes hereunder, that the Association is and shall be an independent contractor and shall not, with respect to its acts or omissions hereunder or those of its agents, officers, employees, contractors, volunteers, members and participants, as well as its concession stand operators, be deemed an agent or employee of the City. 21. The City shall not be liable to the Association or the Association's agents, officials, employees, contractors, volunteers, members, participants or its concession stand customers for any damage to persons or property arising out of the activities of the Association or the Association's agents, officials, employees, contractors, volunteers, members, participants, and the Association agrees to indemnify the City from any and all claims for any such damage. The Association shall maintain a policy of public liability insurance as provided for in the agreement with the City. 13 MESQUITE T•E•X•A•S EXHIBIT "C" Youth Coaches' Code of Conduct I hereby pledge to live up to the responsibilities of a youth sports coach and will abide by the following Mesquite Youth Coaches' Code of Conduct: Coach,please check off each code listed below signing your acceptance of responsibility. I truly understand that youth sports are intended for the children and not for adults. I will place the well being of my players ahead of my personal desire to win. I will provide a safe and fun environment for all of my players. I will treat each player with respect and not use abusive language towards my players, parents, spectators and/or league officials. I will be knowledgeable of the rules of the sport that I coach and will teach those rules to all of my players. I will demonstrate good sportsmanship and fairplay towards my players and opponents. I agree that all youth sport coaches must have a criminal background check conducted on an annual basis, and it will be kept on file with my league officials. I agree that if I violate any of the above codes I may be disciplined and/or relieved from my duties by the league as a youth sports coach and/or league official. I further affirm that: 1. I have never been convicted(including crimes where a plea of"no contest"was entered)of a crime of child abuse, sexual assault,child neglect, murder,voluntary manslaughter, felony assault,arson,robbery, burglary, indecent exposure, public lewdness,terroristic threat,any offense against a minor,kidnapping or felony violation of the Controlled Substance Act. 2. I have never been twice convicted, in any combination, of Misdemeanor Assault or any level violation of the Controlled Substance Act. 3. I have not been twice convicted during the past seven years of any intoxication offense. 4. I have never been adjudged liable for civil penalties or damages involving sexual or physical abuse of children. 5. I have never been subject to any court order involving any sexual abuse or physical abuse of a minor, including but not limited to, a domestic order for protection. 14 Youth Sports League/Organization League Representative Date Coach's Signature Date Coach's Printed Name Coach's Team and Age Division 15 EXHIBIT "D" City of Mesquite Criminal Background Investigation Policy For Adult Volunteers in Youth Sports or Athletic Activities Statement The City of Mesquite, Texas, herein after referred to as the "City" has a desire to protect the safety and welfare of its youth during their participation in all sports or athletic activities that occur on or in City athletic facilities. Recognizing the nation-wide incidence of crimes against children requires pro-active steps to provide protection to children participating in organizations involving sports and athletic competition. The City requires that all adults, 18 years or older,that utilize the City athletic facilities as a part of any City sponsored youth sports or athletic activities shall be required to submit themselves to undergo a criminal background investigation prior to their participation as a head coach, assistant coach, board member or any other position acting in an official capacity with any organization directly overseeing any City sponsored youth sports or athletic activities. Procedure In order to screen all volunteers,board members, coaches and officials,the City must verify and implement the following procedures: A. Criminal Background Investigation The City will conduct or require that criminal background investigations be made of all adults volunteering to serve as coaches, board members or any other position acting in an official capacity with any organization directly overseeing any City sponsored youth sports or athletic activities. 1. After initial compliance and every twelve (12)months thereafter, all volunteers as stated above must undergo a statewide criminal background investigation. 2. Criminal background investigations must be performed prior to the volunteer being assigned any duties or responsibilities at any City sports or athletic facilities in accordance with the provisions herein. The City may determine the time of year the investigations are to be conducted depending on the beginning of their practice season(s) or events. 3. Game officials used who are not affiliated with the City are not subject to the City's criminal background investigation policy; however the City may choose to require those officials to submit to a criminal background investigation. 16 B. Grounds for Disqualification An individual convicted of any of the following criminal offenses provided herein shall be disqualified from participation as a volunteer in any City sponsored sports or athletic activities utilizing City sports or athletic facilities. Aggravated kidnapping Aggravated robbery Aggravated sexual assault Arson Assault* Any violation of the law intended to control the possession or distribution of any control- Crimes against children led substance or illegal drug Criminally negligent homicide Deadly conduct Delivery of marijuana DWI * Indecent exposure Injury to elderly or disabled Intoxication offenses * Kidnapping Marijuana possession * Murder Obscenity Prohibited sexual conduct Prostitution(including promotion of, aggra- Rape vated promotion of, solicitation) Sexual abuse Theft* Voluntary Manslaughter *NOTE: Assault / DWI / Intoxication offenses / Marijuana possession / Theft — Eligibility depends on the severity and length of time passed since the offense occurred. In misdemeanor convictions for these offenses, the disqualification will occur with a second misdemeanor conviction. This list of offenses is not intended to be all-inclusive and in no way sets limits on the offenses that are deemed grounds for disqualifying an individual from affiliation with the City. Decisions on all other crimes or offenses not otherwise described above will be made at the sole discretion of the City. If a volunteer is determined eligible for affiliation and is later arrested or convicted of any of the above crimes, he/she is required to notify the City immediately. He/she will be removed immediately from his/her volunteer position until the case has been finally adjudicated. Failure to notify the City of any arrests or convictions from the list above will result in the 17 volunteer being immediately removed from all City volunteer duties for a minimum of twelve (12)months beginning on the date the failure to notify was discovered. 18 CITY OF DENTON PARKS AND RECREATION DEPARTMENT 2002-03 CO-SPONSORSHIP AGREEMENT FOR YOUTH SPORTS ASSOCIATIONS This"Annual Co-Sponsorship Agreement"is made and entered this day of ,between the City of Denton,Parks and Recreation Department and the The co-sponsored youth sport associations utilize public athletic facilities that are provided and maintained by,and at the cost,of,the City of Denton. In return for the use of those facilities,the associations hereby agree to abide by the following standards, requirements, and guidelines set by the City of Denton Parks and Recreation for all recreational youth sports. Failure to abide by these standards and guidelines could result in restriction of facility use or the cancellation of this co-sponsorship agreement. I. ANNUAL CO-SPONSORSHIP AGREEMENT Each Association will sign an Annual Co-Sponsorship Agreement with the City specifying league management and sports guidelines, insurance requirements, budget and fiscal controls, concessions, field scheduling, and follow the schedule of required documents and deadlines. This agreement will be renewed annually by the week of December 9,2002 for all baseball, softball and soccer groups, and by the week of February 3,2003 for football. The agreement will be signed prior to an Association advertising and taking registration for a new season. In the event that Parks and Recreation staff does not recommend renewal,the Association may appeal to the Parks and Recreation Board. II. LEAGUE MANAGEMENT AND SPORTS GUIDELINES A. Each Association will submit a statement to the Parks and Recreation Department annually regarding their league requirements for fair play time. This is to be submitted with the"Annual Co-sponsorship Agreement." B. Each Association will submit their game and practice schedules as well as any season tournaments or camps,in calendar form,at least two weeks prior to the beginning of the season. C. Each Association will establish a minimum and maximum roster for their teams. D. Teams must be selected in one of three ways or a combination of the three: 1. Open City-wide selection process to evenly distribute talent to each team in the league -OR- 2. Selected by the elementary school district in which participants live. Exceptions include the following conditions: a. Not enough to make a team,combine with nearest school or schools. b. Participants above 5th grade level must be selected by open citywide selection process. -OR- 3. Teams from outside the City of Denton and the corporate limits may join the Association's intra-league play,providing they register through the Association and pay all pertinent fees(non-resident and enhancement fee). Denton PARD Co-sponsorship policy states that "a minimum of 50% of the associations active membership must reside... in Denton". 4. Home vs Home: For those recreational leagues that don't have enough local teams in a division to form a league,50% of the games played must be home games. In this particular instance,no rental fees will be assessed for practice and/or games for these co- sponsored teams. E. After teams have been selected by either method in Section II,Dl or D2, or D3, an appeal may be allowed in each league to consider special conditions of participants such as siblings,carpools,transportation requests, etc. All appeals must be considered on merit and may not provide a team an obvious advantage over any other teams in the league. F. Participants who have played together as a team in one age group and are still in the same elementary school district may be allowed to remain together as a team when moving to another age group,through grade 5. G. Each Association must comply with the following in the presentation of programs to the public: 1. Before practices or games can begin,each Association must have a mandatory background check completed on all coaches by a reputable organization that is approved by PARD. (New coaches added during the year must also have this completed) 2. It is recommended that all coaches complete a sport specific certification program through a PARD approved organization. 3. Under no circumstance should parents be used as umpires or officials unless they are affiliated with an insured umpires/officials/referees organization. 4. All participants will receive the same uniform in respect to parts and quality of material. 5. All teams in an age division shall be provided the same playing equipment in respect to number of items and quality of materials. 6. In naming divisions,no name may be used that may refer to inferior or lower level status of participants unless the name is a trademark of a nationally franchised organization approved as a co-sponsored association. 7. In an age division or league,non-traveling teams shall not be assessed any fees or perform fund raisers to support the higher costs of travel 2 and/or team expenses, i.e. special uniforms, except for expenses associated with post season all-star teams. 8. In all age grouping, division or leagues, each group shall have equal priority to available field use time. 9. In age grouping,divisions or leagues with traveling teams,the number of away games must equal or be less than the number of home games. 10. Any expansion or changes in Association programming that may affect field preparation or league programming,the Athletic Manager must approve allocation. This includes Associations who wish to offer "select team" practices and or games. Requests must be in writing, received and approved prior to signing of Annual Agreement. Decisions will be based on overall benefit to the participants. 11.All Associations will adhere to all City Ordinances that regulate use of City athletic facilities. 12. The following fees will apply to each Association: a. The Non-resident registration fee shall be in addition to all fees required to participate. Associations must pay a$5.00/fee for each non-resident player,per-season as indicated by City Ordinance. All teams that will be utilizing City of Denton fields will be charged this fee. b. Associations will assess an Enhancement Fee of$3.00/per registered player during the primary season that will be placed into a Park Foundation fund to be used for field enhancements according to the Enhancement Fee policy. Participants on scholarship will not be charged this fee. c. Leagues who elect to form"select" or"all-star" (non- recreational)teams in addition to their regular league play will need to pay standard City of Denton rental fees for home field usage for practices or games. This applies to "select" or"all- star" teams that play games outside of the recreational league play or participate outside of Denton. For league winners who advance to play elsewhere,75% of the original team must be kept in order. Field rental fees are$7.50 per hour without lights and$15.00 per hour with lights. Reservations must be made at least 48 hours in advance and approved by the Athletics Manager. Rental fees must also be paid 48 hours in advance. Rental of fields to these"select"or"all-star"teams will be scheduled after the regularly scheduled recreational league practices or games. 13.No participants shall be denied access to the program on his/her inability to pay. A scholarship program must be established with criteria 3 evaluating the participant's ability to pay. Fees are to be set on a sliding scale, installment or grant basis. III. INSURANCE REQUIREMENTS All Youth Sport Associations shall be required to carry a minimum commercial general liability insurance with coverage of$300,000 with the City of Denton listed as an additional insured on their policies. Proof of this insurance will need to be submitted one(1)week before practice begins. In the case of a nationally franchised affiliation with a liability insurance program,the City may accept a different coverage. Additionally, Associations,by signing this agreement, indemnify, defend and hold harmless the City, its employees, agents, successors,assigns, sponsors and volunteers assisting in City activities, from any and all damages, claims or liability of any kind,whatsoever,by reason of injury to property or third persons occasioned by error,omission or negligent act by the Association,its officers,agents, coaches,employees,volunteers and participants in the Association's activities. It is also recommended that the Associations purchase an accident policy with$5,000 coverage to assist participants with minor medical bills. IV. BUDGET AND FISCAL CONTROLS A. Each Association will submit a projected budget prior to season registration. Within forty-five(45) days after each program season ends,copies of monthly bank statements for the previous season and a detailed financial report,which meets the established guidelines outlined in Section IV,A& B. shall be submitted with an end of season report indicating all final participation numbers. If you conduct a Spring&Fall season,you should submit a seasonal financial statement with an amended annual statement at the conclusion of both seasons. These reports should all be submitted within forty-five(45)days of the conclusion of each season. The report should include a cash flow report showing income,expenses, and all fund balances for all league play and any tournaments or camps. B. To assure some fiscal control,Associations will: 1. Use a checking account. No cash reimbursement above $50.00. 2. Keep all cancelled checks and records for three years. 3. Have checks over$200 signed by two members of the board. 4. Have Boards that must be made up of at least five members. 5. Have Boards that must have at least two meetings, one before and one after their season,which are open to the public and announced in the newspaper at least one week prior to the meeting. 6. The minutes from all board/officers meeting should be submitted to the Athletics Manager no later than 15 business days after the meeting. The Athletics Office also reserves the right to attend any board/officers meeting without notice. 7. Submit documentation that verifies valid Non-profit or 501 C (3) status. 8. There must be a separate line item within the financial reports for the payment of officials.(Officials are not to be paid directly from 4 concession receipts because of the potential of accounting errors and theft). 9. Submit accounting reports that detail all fmancial activity by using an accounting program such as Quicken or one that is approved by PARD. 10. Immediately notify Denton PARD,in writing,of any financial difficulty. 11. The City reserves the right to inspect the Association's books at any time,and it will be the Association's responsibility to provide all requested items. V. CONCESSIONS Sport associations may operate concession stands under the following guidelines: 1. This agreement applies only to the regular season. Post season must be scheduled and approved separately by the Athletic Manager. 2. If permanent City stands are available at a facility they will be available to the associations that have games scheduled at the location. If two or more associations play at the location, and two stands are available,they will alternate stands each year. 3. If only one stand is available at a facility, and if two associations are playing during the same season,associations will alternate seasons or years by agreement between the associations. When a facility is operating under an alternating arrangement,the groups operating the stand(s)will be responsible for opening for all regular season games of both groups unless only one game is being played. Prior to setting game schedules,both groups will be required to meet to discuss concession needs. 4. All stands must meet Health Department requirements. 5. Associations must do an inspection of concessions stands with PARD staff two weeks prior to the start of each season and no later than two weeks after each season. By doing so,this will provide ample time to note repair needs and note areas of concern. 6. Associations must pick up litter in the area of their stand on a daily basis including the break down of all boxes to be placed in the dumpsters located at each site. Associations will tie and remove all trash bags from cans that are 3/4 full or more and put in dumpster. Non-compliance with concession and litter collection will result in forfeiture of concession privileges by the association. 7. Associations are only permitted to run a concession stand if they have a current signed"Annual Co-sponsorship Agreement" in place with the City. 8. Associations may not sub-contract this operation out to a third party. They must operate these stands themselves,unless the Athletic Office provides written approval. 5 9. Associations co-sponsored by the City will not be required to pay a fee for the privilege of operating a stand. 10. Special events held in the park where sales of goods may occur such as opening and closing day events,camps, and fundraising events should be scheduled with the Parks and Recreation Department and are not covered by any separated concession agreements between associations. 11. Any other sales of concessions not identified in this agreement must comply and pay fees as required under current City ordinances. VI. FIELD SCHEDULING,FIELD/FACILITY ENHANCEMENTS, ALLOCATIONS AND TOURNAMENTS Denton PARD determines all available field allocations and reserves the right to schedule any and all make-up games or practices based on field availability and conditions. Fields will be made available for practice and games to co-sponsored associations anytime between the following dates: SEE ADDENDUM SHEET AT END OF AGREEMENT A. All fields must be reserved through the Athletics Manager for practices and games. Baseball/softball/football fields are closed to reservations and light use between December 1 and March 1. B. Field preparation requests MUST be submitted by the 20th of the month for the next month's activities. All game and practice schedules must be in calendar form. In regards to make-up games due to inclement weather,each Association will need to provide Denton PARD 2 business days notice in order to prepare the fields and to allow for adequate drying of playing surfaces. C. All fields will be maintained on a daily basis after approved schedule of games is provided to the City. Fields will be maintained periodically as needed for practice purposes. All fields will be marked on Fridays for the weekend. Additional field prep over the weekend will be the responsibility of the Association. D. Youth Baseball and Youth Softball cannot begin scheduled game play until April 1, 2003.Youth Soccer(12 and under)must complete scheduled games for the Spring Season by April 30,2003,but may schedule make-up games until May 15,2003. No games will be allowed to end after 9:00 pm for children 8 years of age and under. In the case of baseball and softball,no new inning will begin after 8:50 pm for children 8 years of age and under. E. The Athletic Manager must approve fall programs. All requests are due no later than Friday,June 13,2003. Consideration will be given to field availability and maintenance impact. Associations may be responsible for reasonable maintenance work during the fall(example:dragging and lining of fields) FIELD/FACILITY ENHANCEMENTS If an Association would like to make any enhancements to a field or facility they must obtain written approval by Denton PARD. These requests must be submitted to the Athletics Manager. 6 FIELD ALLOCATION There are a total of 20 useable slots per field per week. Associations may be assigned to any of the 20 slots. Fields are allocated to the associations based on number of participants registered. For example,if there are 1000 total participants registered to play at one complex and"A"has 600 registered and`B"has 400 registered,then"A"would be given 60%of slots available at the complex and"B"would be given 40%of slots available at the complex. If useable slots are not being used and fields remain empty,Denton Parks and Recreation Department reserves the right to take over field scheduling. The department has approved the following field assignments. DALL will retain use of Evers#10& #11,along with the adjacent concession stand. DBBI will retain use of Evers#1 &#2, along with the adjacent concession stand. Denton Girls Softball is assigned to Denia and the adjacent concession stand. The department does reserve the right to change field or concession assignments. DAYFL will retain the use of the football field at North Lakes and the concession stand during the Fall months(primary season). Denton Youth Soccer will have the rights to the concession stand adjacent to the North Lakes football field during Spring 2003. Field allocation remains in effect through July 30, except for assignments made for Evers fields#1,#2,#10,&#11. Registration numbers must be given to Athletic Manager at least two weeks before practices may begin. TOURNAMENTS& CAMPS Due to the increase in requests for field allocations to host co-sponsored tournaments and camps,and the added impact on personnel and operational budgets,the City of Denton Parks and Recreation Department will determine the types of tournaments and camps that will be co-sponsored and the responsibility of the requesting groups when hosting these activities. Each Association may charge a tournament gate fee for the one co-sponsored tournament,however 25%of the admission fee must be returned to the City of Denton within one(1)week of the conclusion of the tournament. A financial report must also be submitted with the check that details revenue collected from the gate fee. Tournaments within the parameters of league play: Intra-league tournaments for Associations that have one pre or post-season tournament as part of the recreational league,will be co-sponsored by PARD. These tournaments may only take place within the allowable dates according to the Co-Sponsorship Agreement. Associations will be responsible for picking up trash. Parks will provide extra trash bags if needed. Fields will be marked on Friday for the weekend. Additional field prep will be the responsibility of the Associations. Invitational tournaments and camps: The Denton Parks and Recreation Department will co-sponsor ONE invitational tournament and ONE camp per season at no cost. If an association wishes to host 7 additional invitational tournaments or camps and fields are not being used for league play or previously rented,fields may be scheduled through the Athletic Manager at the current rental rate of$7.50/field/hour with no lights and$15.00/field/hour with lights. No deposit will be required. Fields will be prepared on Friday for the weekend. Additional field prep will be the responsibility of the Associations. If an Association needs weekend maintenance by the Athletic Field Crew,a fee of$20.00/hour/field will be charged for morning preparation of the fields. A review of the tournament bracket will be used to calculate fees. ANY FIELD REQUESTS WILL BE DUE TO THE ATHLETIC MANAGER NO LATER THAN THE THURSDAY PRIOR TO THE TOURNAMENT BY 4:00 PM. A final settlement will be made on Monday for time used. Associations will be responsible for picking up trash over the weekend. Parks will provide extra trash bags. A fee of$10.00/man-hour will be charged and added to the fees if the Athletic Field Crew has to pick up trash on Monday. VII. USE OF STORAGE UNITS AND FIELD LIGHTS A. Associations may purchase storage units and place them at a site in the park that has been designated by the department. Units must meet standards set by the department. B. Two light keys will be given to each league in order to manually override the light program in case of a system failure. League officials will be held responsible for ensuring that lights are turned out at the conclusion of play in this situation. Associations who fail to do so will be assessed a utility bill of$10 per hour per field for the additional cost of electricity. Each association must also pay the department a$200 deposit two weeks preceding the start of practices. The deposit will be used to pay any unnecessary utility bills or to replace lost keys. The deposit will be returned at the conclusion of the season after above costs,if any,have been deducted. Failure to abide by this policy may result in loss of light key privileges. 8 VIII. SCHEDULE OF REQUIRED DOCUMENTS AND DEADLINES The attached sheet summarizes all required documentation to the City of Denton,Parks and Recreation Department. All forms are to be submitted to the Athletics Manager at the following address: Athletics Manager Denton Parks and Recreation Department 321 E.McKinney Street Denton,Texas 76201 If required documents are not submitted in a timely manner,the City of Denton reserves the right to terminate this agreement including field prep,concession privileges,and field lights. If any Association loses their Co-sponsorship status, they will forfeit all rights to co-sponsored use of ALL athletic fields,concession privileges and field lights. IX. AGREEMENT APPROVAL The person executing this agreement on behalf of the Association,or representing themselves as executing the agreement on behalf of the Association warrants that they have been fully authorized by the Association to execute the Agreement and that they will comply and uphold all terms and provisions contained herein. Signature: City Representative: Association: Title: Date: Date: THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME,the undersigned authority,a Notary Public in and for said State of Texas,on this day personally appeared ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes,and consideration therein expressed,and in the capacity as set forth therein. WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE this the day of ,A.D. NOTARY PUBLIC,DENTON COUNTY,TEXAS 9 Schedule of Required Documents & Deadlines 1. Co-Sponsorship Agreement—prior to January 1 AND prior to the Association advertising and taking registration for a new season. 2. Association bylaws—with the Co-Sponsorship Agreement 3. Statement of Fair Play time—with the Co-Sponsorship Agreement 4. Minimum/Maximum roster requirements—with the Co-Sponsorship Agreement 5. Projected Budget—with the Co-Sponsorship Agreement 6. Projected Start Dates—with the Co-Sponsorship Agreement 7. Insurance—one week prior to practice 8. Game& practice Schedule(in calendar form)—two weeks prior to the season 9. Light key deposit of$200 —two weeks prior to beginning of practices **A MINIMUM 48 HOUR NOTICE MUST BE GIVEN FOR MAKEUP/RAINOUT RESCHEDULES. FIELDS MAY NOT BE PREPARED AND LIGHTS NOT ACTIVATED IF NOTICE ISN'T GIVEN. THE DEPARTMENT WILL UPDATE THE RAINOUT INFORMATION BY 4:00PM MONDAY THROUGH FRIDAY. ASSOCIATIONS SHOULD INSTRUCT COACHES AND PARTICIPANTS TO CALL 349-8276 AFTER 4:00PM TO OBTAIN FIELD CONDITIONS AND ADHERE TO THE DECISION MADE BY THE DEPARTMENT. WEEKEND CANCELLATIONS ARE UP TO THE DISCRETION OF THE LEAGUE,UNLESS NOTED ON THE RAINOUT NUMBER 10. Player Roster—one week prior to the season 11. Weekly Status Report—weekly during the season submitted by Tuesday 12. Board/Officers meeting minutes—no later than 15 business days after the meeting 13. Final Game Schedule—two(2)weeks after the season begins 14. Final Player Roster— 10 days after the last scheduled game 15. Non-resident fees— 10 days after the last scheduled game 16. Enhancement fees— 10 days after the last scheduled game 17. End of Season Summary Report—45 days following the last scheduled game 18. Financial Statement—45 days following the last scheduled game 10 2003 ADDENDUM FOR FIELD SCHEDULING AND ALLOCATION Associations Ages Location Practice Season Game League Season Youth Baseball 13&up Mack Park March 1—July 19 March 31—July 19 August 4—November 2 August 4—November 2 Youth Baseball 5-12 Evers Park March 1—July 19 March 31-July 19 August 4—November 30 August 4—November 30 Youth Softball 5-18 Denia Park March 1—July 19 March 31-July 19 August 4—November 30 August 4—November 30 Youth Football 5-12 North Lakes August 4—November 30 August 4-November 30 Youth Soccer 4-12 North Lakes January 25—May 17 *February 1-May 17 August 4—November 30 August 4-November 30 13-19 North Lakes March 15—May 31 March 15—May 31 13-19 North Lakes August 4—November 30 August 4—November 30 *Note: Soccer must finish regularly scheduled games by Apri130,but may schedule make-ups until May 17 ADDENDUM FOR FIELD USAGE The following are items that are mandated by City Ordinance and should be adhered to when conducting any activity within the Denton Parks system: 1. Contact the Fire Marshall(940-349-8156),to secure a Fire Code Permit, if a tent larger than 200 sq.ft or a canopy tent larger than 400 sq. ft will be used. A fire extinguisher is required for these tents and the fee associated with the permit is $25 2. If an outside vendor(non-DYSA member)will be selling ANY goods during any portion of the year,that individual or group will need to purchase a vendor permit. This permit can be purchased at the Civic Center. The fees are: $15 per day for non-profit or$25 per day for profit. 3. NO ALCOHOL IN ANY PARK AREA INCLUDING PARKING LOTS (alcohol may be consumed in Civic Center Park,but can not be sold without a permit) 11 City of Wylie Parks and Recreation De • artment Memo To: Parks and Recreation Board Members From Robert Diaz,Assistant Superintendent CC: Mike Sferra, Public Services Director Bill Nelson,Superintendent Date: 4/20/2006 Res Citizen Participation This memo is to provide some background information on the two possible citizen participation items on the April 24,2006 Agenda. Troy Sargent contacted staff regarding trails on the new Wells Property that was purchased by the City. Colby Price contacted the City Secretary's Office regarding a skatepark petition. I have attached to this memo the email trains that show the timeline and staffs responses. We have been notified that representatives from each of these groups could be attending the April meeting, but we do not have confirmation of that. If you have any further questions regarding these items feel free to get with me prior to the meeting by phone or email. My cell number is 972-989-2718 or email is rdiaz(a�ci.wylie.tx.us Thanks. 1 Robert Diaz From: tssargent@verizon.net Sent: Tuesday, April 11, 2006 11:20 AM To: Robert Diaz C _llll << Subject: Re: RE: RE' outainbike Trails I may not be able to make it, but someone will be at the next meeting. From: Robert Diaz<rdiaz@ci.wylie.tx.us> Date: Tue Apr 11 11:14:32 CDT 2006 To: tssargent@verizon.net Cc: mike.sferra@wylietexas.gov, bill.nelson@wylietexas.gov Subject: RE: RE: Moutainbike Trails RE: RE: Moutainbike Trails Thanks for the update. With the approval of bond funds last fall for various projects such as the library, the City is in the process of selecting a consultant that may be involved in the master planning of the Wells property(property bought by the City across from Wylie High School). Until such master plan is developed, and it will include public input, we would appreciate your attendance at any Park Board meeting to discuss your ideas for the proposed trail and any success of his previous efforts. Let me know when you might want to attend a meeting, they meet on the 4th Monday of each month. Robert Diaz Asst. Superintendent City of Wylie Parks and Recreation Department 972-442-8197 office 972-442-1744 fax rdiaz@ci.wylie.tx.us Original Message--- From: tssargent@verizon.net[mailto:tssargent@verizon.net] Sent: Monday, April 10, 2006 11:01 AM To: Robert Diaz Cc: mike.sferra@wylietexas.gov; bill.nelson@wylietexas.gov Subject: Re: RE: Moutainbike Trails Nothing has changed, I still love to moutainbike and would like to see a larger trail system in Wylie that is just a dirt trail and as before we are not asking for any money or labor from the city,just permission to build. The dirty trail are easy to build, maintain, and can placed around any planned uses are the lands. It will be done with all volunteers. I built the trail you are talking about in the Sage Creek/Riverway Park. I can show the one in Sage Creek this week if you'd like. Bill and Mike saw parts of it before. It is still used by the neighbors, but not in any major way. A trail for what we have in mind we needs to be on 200 plus acres. I also have a large grp of people interested in this trail. The land acquired for parks purposes across from the high school would be a great place to build a larger trail system. From: Robert Diaz<rdiaz@ci.wylie.tx.us> Date: Mon Apr 10 09:29:58 CDT 2006 To: 'Sargent' <tssargent@verizon.net> Cc: 'Mike Sferra' <mike.sferra@wylietexas.gov>, 'Bill Nelson' <bill.nelson@wylietexas.gov> Subject: RE: Moutainbike Trails Troy, didn't you try and get this trail going a couple of years ago? I know we assisted on getting some trash? What has changed since you approached the Board a few years ago? Robert Diaz Asst. Superintendent City of Wylie Parks and Recreation Department 972-442-8197 office 972-442-1744 fax rdiaz@ci.wylie.tx.us Original Message From: Sargent[mailto:tssargent@verizon.net] 1 Sent: Friday, April 07, 2006 8:09 PM To: parks@ci.wylie.tx.us Subject: Moutainbike Trails I am interested in having a hiking/mountainbiking nature trail on the new park property. I belong to a cycling club called dorba.org. The nature trail is easy to construct and maintain at no cost to the city. Trash pick would be appreciated, but not required. The trail can be constructed around any planned use of the park. The multiple purpose trail could used for any one interested in jogging,walking, hiking or biking. I would like to have the opportunity to discuss this at one of the park meetings. Thank you, Troy Sargent 806 Appalachian Dr Wylie, TX 75098 214-474-0701 2 Page 1 of 2 Robert Diaz <4v r, l i- `14 f 14 r From: Bill Nelson [bill.nelson@wylietexas.gov] Sent: Wednesday, April 19, 2006 8:41 AM To: Mark Roath Cc: Rachael Hermes; Robert Diaz; Mike Sferra Subject: RE: Misc. Mark...Still no sign of the petition. I have his home phone so I will call him to see what his plans are. If he does present his petition to the Board I imagine they will ask staff to research the cost/location like you mentioned. I will update you as I know more. Have a great day. From: Mark Roath Sent: Tuesday, April 18, 2006 6:08 PM To: Bill Nelson Subject: RE: Misc. Bill: It seems like to me that the Board, after they hear his presentation and review his petition, can go in a number of directions including doing nothing,asking the staff to research the issue (cost,location) and return with said information or pass the petition along to the City Council with/or without comment. Good luck Mark From: Bill Nelson Sent: Tue 4/18/2006 4:27 PM To: Mark Roath Cc: Rachael Hermes; Robert Diaz Subject: RE: Misc. Mark...Thank you for responding to my questions. I have not received his petition yet but when I do I will make you a copy. From our phone conversation I expect him to be at the Park Board next Monday night. Bill From: Mark Roath Sent: Tuesday, April 18, 2006 12:31 PM To: Bill Nelson Cc: Mike Sferra; Rachael Hermes(rachael.hermes@wylietexas.gov) Subject: Misc. Bill: I understand that a gentleman visited the City Secretary's Office yesterday about a petition that he is or has circulated for a skate park. Should that gentleman present you with the petition, I would suggest that you (1) prepare and put the petition on a future Parks and Recreation Board agenda; then (2)invite that gentleman to the Board meeting—namely, so he can explain the petition to the Board. If you have any questions, see me. 4/20/2006 Page 2 of 2 Regards, Mark B. Roath 4/20/2006 yy . a Skate Park Petition ® -- �' � Wylie has a diverse group of teenagers. Along with teens that participate in football, soccer, baseball, and other sports, there are also a growing number of teenagers who skateboard, rollerOade, and bike. We are all getting tired of getting hassled for riding in empty parking lots or on the city streets, and so is the City of Wylie. All we need is a place to congregate, and have a place to go to do our sport. If Wylie can have taxes pay for multiple baseball/football fields, why can't we have a skate park for us who skate/ride? It can even serve as a hangout to all kids alike and keeps them off the streets. For reference, see Allen's "The Edge", or Plano's \ "Eisenbergs". Think of the benefits. . . Name (First and Last) Name (First and Last) --r-MOIV; 64 (/ -_11- P:\fY) bar -. votri, 3 '- er ,Y'i- al t - ha A -rowbu5 \\- `1.61TMW 6 l\Gt CcS 1 .0 O1 � c \On\e CvccA �r� 1�o� est-e ci,. r ::,1:4e: 2*►�in�c; / �� u-is �� A.��.ice, (���� ', � -�"-------__.�liailL x ��I Sa � rns 4\ 1 , .6 t-� _ a n \7 A1��I,dL u 0,07 ' -. ' aSSA S �tr\ I W `C� cs k a C1 0 id fr-6•FA),/_) (Jyylith vI "-\Lr 71,55cri1 / M ort t La.( b 4. VV -f2a ivt-e>J l 3 4c =0 y1,,v,l `gym -t- 0-nL _vie 5 1 Y --� ,` Luce\iYQ Ca, A-Nro 0-ei j iiLcc�_ Ca �C s 7 lI? 4efa# ------rmA A ..„. ,iv)/ 0 , -/ N. c, _ 0 r' eleclif. VtZ z.-ricoy 4,Pi/ utr"A-X1 C11 A'4 - 4.45301?2/744 14 LI 5,1 ec--3 c,,,,,,,,c ,,\,) 111 (' ) 1,,,,mvq_c, stA;), ,.., , . . t 12 --#.2,?,.//' ,-1,7 v5., .1709, y)4111/1421Ar9-4 l't147"g;111-4v, .)1017 \A dl.S' I-A 0.04)0019 ou)4\e4 Gc)21__ Aryl 1\vo1\WAWA slitcloxi -)(Lc _ Jay)1)I ? ukrocna.n ytrao-,j -v-opc1- 1,0..tc‘v,' t'Arg yy :ri igvigl -N4r27)wL0 II fr ____/-95-?,)-1fl , /1/0 ''' rrlci 19cl . ti-)155 ..„,fiCuw;:e.40,90A1-,mards-2, 131 -1-`1e,N ' ,-1.10/1- --ir racro Ow )7)-2)-- ( " °' WI QM a u( 1\, )A4 IGU01,,4q , w jigl UCIA 40-2p Aix- c-i eya. 1,04,0614, v,ifo tf.iy. (--,, Vos) (\iJ 5).54) 4,7 f rt -2 0 vn.' IrT )...\fr.--. .,„ /-1..)A )r c.,ik./oc k--V d 91.91qta 5- VO_S -Nitnylf-2.V. _ 2 A ,a adIM liOZ:\!'. /tgi) /i 6,2 r i , 9 ve fr2 \ C--,-- --•- \ \ f S2 \') .0 ,, -, 3 / 6..4,1-aeue-7 • F.c,O _Ci-- liVoi,eT A,-,....04..._ - Tetyier, 'rucw7.4,ne `Yttt, vvt. i r. \, .1-0, •- ( A ) p .4 LV/1-VIS •:,. ._::: R on ' , t CS li.ifiir .., Ym) EOS 5EPAI-C--„ .....,... ----- , 7.:1:;:c.,:49, , k,,,I,‘.(1,.Yr• v•Ld<1 1 a _ - - 4t609 0 i , A ..,0 tifif-0100 TO1c-1 u/vAqiic\4 V n Prpr fidbi La ( o5tA 4i4-citeilA/vtii-i-e-4.. et_epro tot, c-touperc -'' caol--/-447t .vricy, Li N-V-i- •1`,1,-L,.t,'T u,e,rr ..\/\,0 , , '''-'/;/:,/•7.,,..6,-,,,,, 06'1 eoy,61,4 4, — JenniT :r D, („, ifiq r,... 7 :rri-A e t4111.47 ''i, 7 T (IP I 4 --- -- CArVirN, ,kik-lki\S -- Tefrivittt,- Viie-,c..s.i...._____.„4. .1.Al;tY i If 1 .!!"1./Y ,--- =1----77- "---:- 6-rlt kJ Nageet — q,"Z-3. -'7-F-J---'OnA5 ...,-., •...,..-7. ..... .-..----...,,, ,,7•----- • oViv 1.-L,--e-(1\e r- _ ___ _ .... le4a-r 0' ..ea ID an St'OCia-O r C l a i 'tiro evi-Ak:VICI644 r ' * , , 1--1- aalWidift . -5--)x\w, C..151,0°) -f\--1 011-1 r gicti -5. ,.... t ,e le.v" Vale ycrrDni .z. c ei-t,ek eof S Lon/ A Ke ., . ,.. - , , ._. .i 7 6 n Cam--=T - --L4/ `: /jo 0,4 %{ --5- w. _ c. ,4.• RIM &P i, I t ,. v 7, Justin N. w , l ' :11 6;4l - I Y' - V v il I i I 3-11s g QQs •!11 �o - ,DIN.1 i. i 6111.111= 1111.11e ill..iL.o:—:,• : IMIPMEPII 1 " / '0 1T iN 1 . METZAvAlomakvin is r11stw - 1111, % ,'� i ' „j __ ` ; . i s. & bi t '.. b IIIET+ 'shct j 1 ‘, r c, NW- : M - ti ' - . A I j irr $ \\ Noe -'CP .ter M Ut A - AO ' r = Cot �. f .� ¢llatiltI �Il 1a r/c e- Rr(K Ad 00/"e ' I.` it mtimitilimmardwoffiratar& __a . . - " 1. i -' - '// c li.. dl_..� ia . 0 /. `/ice 'i A- A i).,' I ti.-�''_ �2 a f 39 ._ - ,/ • . L�+r�' - m4rr3;r1' I)k •, 0,.. f itple: €.0 tili-p 2' " .. i tvs c . (----) ilVal./) . /I ` it'i�� Z 1 `r� t ' 0.° 4 f i iirdi- ' IPV, !It ( :...1 I? -"nk-A-4--....i 1 ..,r r It . rtIU- - f-ei,),/...a-SJ 44. ‘""'.-------- ‘ L.A D,. �, ! c� ' � (/aj7 r 1- ' Ii . / � 1 i 'f ' i ' ' tkieR ' 1 w , i0 -...i.w, r,•-.1,w,. ,"17.4y1r , itp2...: irr • �� �� CiTk 7.` ._ ML)A\1-.)1 7,,,,b7/ Ora 1 Cejen '� Jere i'ar `�.� 1ni14 l 4 . T: )>r Vk N '4 n a� ..0...(//6 .,-, i. _, \,, 5 1 . _.---)., . - i 11--- M 4D ktoc,\?--wtricf.) fvy) ctkm 1 / c� iker Qnr� Y 1, k 1 0u1 " 1 0 0V1ul'� Ci^(1� / ' A-- �C e6 c U t i� fp� e,ot/ 6 o\f f\ "4e h A tom, 0/0 -k cG > - 1 s� , ------ \--'Ck -e_ 1 v— 00cta '2emtt'P ice^ ,i,--icz-Ze- ik-zzkizz, ?--, ' tv\a ail C,c'°➢0 k �'►���` * - -e" ' • Dr tA) V t ( I( 1` (5 A1c alci it. M eS ni o d(y /\ttiacA - NIk i '2'CC Q -A_ • M.)k' tfl k - \0 V\*Ld\\ l;-� 3i �4&v\ ,rrpv, 1(4-6.)-w2." P;11 (ooty ' (4):, [1 ;0-1-v) k--c,-cAjc-e, • •J 040\r, \ekav\dP r Te.,evil A kW,der A Tome L' 1GU1(lt Ncu1 0 19 came--, lc . 3/)`-,4) hnsii 1 q)* ,, ', -, afer ,/6. _ Civil P m : ( 1 ,q f-A .T-All 0 Survey of Youth Athletic Field Private Rer Conducted by the City of Cedar Hill February 8, 2005- February 16, 2005 Allen Cedar Hill Duncanville Garland Irving Lancaster Rockwall Fee/Hr $4/$30 $25/$20/$50 $10 $25 $10 Fee/Day n/a $150 n/a $150 With Lights $3/$16 $25/extra yes $15 $15 same Without Lights yes $10 same Deposit $50 n/a yes $150 same Additional Information Allen First fees listed are for Co-Sponsored Organizations or Residents. Other fees, including deposit, are for Non Co-Sponsored or Non-Resident. Cedar Hill All baseball and softball fields are$25/hour, with exception to high school field $50/hour. Soccer and football fields are$20/hour. May require$100 refundable deposit. Fees based on area survey results. Rental fee includes field preparation. Any additional field preparation is charged based on material cost and overtime crew. Duncanville Deposit is non-refundable and renters are required $1 million minimum insurance with city named as additional insured. Renters must get city permits for concession sales but city receives no percentage of sales. During youth seasons do not rent to outside groups. Garland Fees are for baseball and softball field. Fields rented for practice only. Irving Deposit is non-refundable and renters are required to be provide insurance. No outside concessions allowed. Dragging and lining fields is an additional $25/field/occurrence. Officials must be registered through an approved local, state, or national organizations. Rarely allows outside reservations of youth facilities, exception for soccer and football. Lancaster No deposit and insurance required. No outside concession vendors. Fee includes field preparation. Additional fee per hour for lights, $15. Rockwall Occasional deposit for light key but rare. Renters are required to submit insurance. Boys baseball has rights to all concessions and get first right to all concessions. Rental fee includes dragging and lining fields. Rental fee includes dragging and lining fields. Park and Recreation Board CITY of WYLIE AGENDA REPORT Meeting Date: April 24, 2006 Item Number: Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: April 20, 2006 Budgeted Amount: $ Exhibits: 9 Subject Discuss athletic user fees. Recommendation N/A Discussion From the joint meeting the Parks and Recreation Board and the City Council had in January 2006, direction was given from the City Council to the Board to review the athletic light and user fees. Parameters were specified at the joint meeting regarding each of the fees i.e. resident fees and non-resident fees, adult fees vs. youth fees. Staff will be presenting each of the fees for discussion with the Board according to the following timeline: Parks and Recreation Board Meetings March 2006 Review Athletic Light fees COMPLETED 3-27-06 April 2006 Review Athletic User fees May 2006 Final review of both fees, recommendation for athletic league representatives review June 2006 Invite each league representative to the Board Meeting to discuss and review proposed fee structure July 2006 Vote on final recommendations of fees to be forwarded to City Council August 2006 Worksession between the Board and City Council on recommended fee changes City Council vote to deny/approve fee changes Staff will presented changes to the Athletic Light Fees at the March 2006 meeting. Included with this Agenda Report is a breakdown of the lighting costs for both Founders and Community Park. An approximate cost for lighting based on current information is $25.56 per hour. The current fee for lighting charged to Page 1 of 2 Page 2 of 2 individuals and groups is $8 per hour. At the joint meeting in January 2006, City Council directed the Board to try and look at the mid-point for cost recovery regarding athletic light fees. Based on that direction with the information provided above our current mid-point for cost recovery is $12.78. The Board discussed recommending to the City Council a rate of$13.00 per field per hour in order to maintain cost mid-point. Staff is presenting the user fees at the April 24, 2006 meeting. There is a variety of ways cities charge user fees. The primary ways are through a user fee for each participant or an hourly per field fee. There is also differing views on resident and non-resident status in regards to user fees. Some cities are exclusive to residents only while some charge varying fees for each user group. The more the policy varies the more intently staff will need to be when implementing new policies. Staff has prepared a fee comparison sheet for varying cities around Texas and attached some of the differing policies they offer. The Board will need to focus on what fees they feel would be most appropriate and how these fees need to be structured. Approved By Initial Date Department Director City Manager User Fee Comparisons Wylie $4 per player, per season(residents and non-residents) Mesquite $5 per player,per season-resident $15 per player,per season-non-resident Colleyville $5 per player,per season-resident $10 per player,per season-non-resident Denton $3 per player,per season-resident(for enhancement fund only) $5 per player,per season-non-resident(plus$3 enhancement fee) Allen Co-sponsored league-$4 per field per hour(2 hr. minimum) Resident co-sponsored league-$4 per field per hour(2 hr. minimum) Non-resident-$30 per hour per field(2 hr. minimum, $50 deposit) Woodlands They reserve fields to residents only. They charge $5 per field per hour. Garland They don't charge any fees for league usage;they have each league perform maintenance on their facilities per Facility Use Agreements. Facility Use Agreements for Garland, Allen, Colleyville, Mesquite, and Denton are included with the above information. likt"AritAA W (hb - fis" page 17 1 GENERAL FUND " SCHEDULE OF REVENUES BY SOURCE • I. ACTUAL BUDGET ESTIMATE BUDGET 2003-2004 2004-2005 2004-2005 2005-2006 Ad Valorem Taxes: 4 Current Taxes Delinquent Taxes $ 6,084,492 $ 7,601,540 $ 7,601,000 $ 120,000 8,838,320 46,203 79,990 80,860 Penalty&Interest 58,867 32,000 50,000 32,340 Sales Taxes: i General 1,414,254 1,803,430 1,750,000 1,838,640 Alcoholic Beverage 9,192 4,200 10,000 10,500 Franchise Fees: Electric 790,613 869,700 896,810 982,850 Gas 311,548 250,000 170,000 187,000 I Telephone 89,059 75,000 100,000 110,000 Cable 54,119 55,000 74,000 80,000 Sanitation 137,392 150,000 120,000 120,000 Licenses&Permits 1,522,039 1,404,500 1,114,000 1,114,000 Intergovernmental Revenue: Lake Patrol 45,032 55,000 50,290 52,250 COPS Grant 18,175 40,000 - - WISD/COPS 78,446 72,000 72,000 78,000 Warrant Collections 1,830 - - - WISD/Crossing Guards 21,975 22,000 22,000 22,000 Fire/Dispatch Service 78,125 100,000 100,000 100,000 Miscellaneous Grants 164,168 98,210 147,660 53,000 Service Fees: Alarm Permits - - - - Alarm Monitoring Permits - - - - East Texas Medical - 21,000 25,000 25,000 Animal Control 14,984 10,000 16,000 16,000 Development 379,319 507,900 397,400 252,700 Sanitation 998,741 1,023,000 1,090,000 1,190,000 raling Concessions 2,891 4,000 4.000 5 pm 17,383 8,000 7,000 8,000eague/Athletic 12.551 8.000 8.000 10.000 Wylie Wave Program 36,000 50,000 45,000 55,000 Wylie Wave Activity 7,530 7,000 9,000 8,000 Library 10,731 7,000 11,000 11,000 Court Fees 419,272 363,000 392,860 371,000 Interest Income 57,698 50,000 100,000 100,000 Miscellaneous: Rental Income 20,156 17,000 17,000 28,000 Miscellaneous Income 55,640 47,400 30,000 30,000 Other Financing Sources: Transfers from Other Funds 420,000 432,000 432,000 440,450 TOTAL REVENUES $ 13,378,425 $ 15,267,870 $ 14,982,020 $ 16,249,910