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Agenda Packet Parks 10/07/2008Town of Trophy Club Parks & Recreation Board Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, October 7, 2008 7:00 PM A.1 Call to order and announce a auorum. A.2 Citizen Presentations: this is an 0000rtunity for citizens to address the Park & Recreation Board on any matter whether or not it is posted on the agenda. The Board is not permitted to take action on or discuss any presentations made to the Board at this time concerning an item not listed on the agenda. The Board will hear presentations on specific agenda items prior to the Board addressing those items. A.3 Discuss and take aaaroariate action in the nomination and i lacement of new Board Officers for the following seats: 1. Chairperson 2. Vice -Chairperson 3. Secretary A.4 Discuss and take appropriate action on the approval of the September 2, 2008 minutes. A.5 Discuss and provide input on agreements between the Town and the sponsored snorts associations concernina the use of Town facilities and amenities. A.6 Staff presentation on swim team and pool operations. A.7 Discuss and provide input concerning park related issues associated with the Highland's development. A.8 Parks and Recreation Staff update and discussion regarding project updates as listed below: There will be no action taken on any individual project posted under this item and discussion will be limited. If extensive discussion is reauired. the item may be placed on a future agenda. 1. Day Camp operations 2. Troohv Club Park 3. Sports Associations 4. Park operations. A.9 Items for future agendas: 1. Advertisina on the fields 2. Comprehensive Park Plan. 3. Park revenue generation A.10 Next meeting will be November 4 at 7:00 p.m. A.11 Adjourn. PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.2 Citizen Presentations: this is an opportunity for citizens to address the Park & Recreation Board on any matter whether or not it is posted on the agenda. The Board is not permitted to take action on or discuss any presentations made to the Board at this time concerning an item not listed on the agenda. The Board will hear presentations on specific agenda items prior to the Board addressing those items. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.3 Discuss and take appropriate action in the nomination and placement of new Board Officers for the following seats: 1. Chairperson 2. Vice -Chairperson 3. Secretary EXPLANATION: Board Officer Positions are for a term of one year. RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.4 Discuss and take appropriate action on the approval of the September 2, 2008 minutes. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: September 2, 2008 minutes �1f1Y'.' ,LL I li MINUTES OF A REGULAR PARKS & RECREATION BOARD MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS TUESDAY, SEPTEMBER 2, 2008 7:00 P.M. STATE OF TEXAS COUNTY OF DENTON The Parks & Recreation Board of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 2, 2008 at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the public. PARKS AND RECREATION BOARD MEMBERS PRESENT Steve Gregory Vice -Chairman Barbie Kadow Secretary Dave Glaser Board Member Steven Kohs Board Member Bill Matthai Board Member Chris McCollister Board Member (arrived 7:18pm) Sally Ridgeway Board Member JD Stotts Board Member PARKS AND RECREATION BOARD MEMBERS ABSENT Pauline Twomey Chairwoman Matthew Graham Board Member STAFF AND GUEST(S) PRESENT Adam Adams Staff Liaison/Parks and Recreation Director Jasmine Lee Recreation Supervisor Nick Sanders Town Mayor Jim Moss Town Council Liaison/Task Force Member A.1 Call to order and announce a quorum. Vice -Chairman Gregory called the Regular Session to order at 7:0a p.m. noting a quorum was present, A.2 Citizen Presentations: this is an opportunity for citizens to address the Park &Recreation Board on any matter whether or not it is posted on the agenda. The Board is not permitted to take action on or discuss any presentations made to the Board at this time concerning an item not listed on the agenda. The Board will hear presentations on specific agenda items prior to the Board addressing those items. No citizen presentations were given. A.3 Interview candidates for three (3) expiring and one (1) vacant seat(s) on the Board. 1. Steve Gregory 2. Chris McCollister I David Abduiky 4. Caryl Ann Jacobs 5. Michael Zerger 6. Scott Akin T. Joseph Boclair 8. Larry Lentzner 9. Sheila Lacher 10. David Jahn The Board interviewed candidate David Abdulky. The Board interviewed candidate Caryl Ann Jacobs. Candidate Michael Zerger withdrew his application from consideration by email prior to the meeting. Candidate Scott Akin did not attend the meeting, due to health concerns. The Board reviewed his application in his absence. The Board interviewed candidate Joseph Boclair. The Board interviewed candidate Larry Lentzner. The Board interviewed candidate Sheila Lacher. The Board interviewed candidate David Jahn. A.4 Discuss the methodology that will be used for candidate nomination and recommendation. Vice -Chairmen Gregory clarified that aside from the two current Board member positions up for reappointment, there is a full term (Chairwoman Twomey's position) and an unexpired term. He suggested that the candidate with the most votes take the full term, the candidate with the second highest number of votes take the partial term, and the candidate with the third highest number of votes be selected as alternate. Mayor Sanders addressed the Board on several points. He advised the Board that Town Council may not follow their recommendations in order to prevent the same person from being placed on multiple boards. He suggested the Board be clear on who they want for the unexpired term, recognize if a chosen candidate is also being nominated for another board, and discuss if the Board would be comfortable with a chosen candidate being on a sports board as well.. Board Member Matthai felt that being on multiple boards would not present a conflict due to the Board's status as advisory and lacking the ability to issue mandates. Board Member Stotts stated that he would prefer to include people from sports boards, and that reasons for this could be included in the recommendation. Several other board members concurred. Board Member Ridgeway stated that she would prefer to avoid conflict, and would like to offer this opportunity to those not already on other boards. The Board determined that nominations for each position would be made verbally. Each board member would then write the name of the candidate they are voting for on a slip of paper along with their own name. Vice -Chairman A.5 Gregory would collect the slips of paper and read off all votes out loud. The nominee with the most votes for each position will win the Board's recommendation to Town Council for that position. Discuss and take appropriate action regarding Board recommendations to Town Council on the three (3) expiring and one (1) vacant seat(s) on the Parks & Recreation Board. At Mayor Sanders' suggestion Vice -Chairman Gregory turned the Chair position over to Secretary Kadow to oversee the vote. Secretary Kadow made a motion to reappoint Vice -Chairman Gregory and Board Member McCollister to the Parks & Recreation Board. Seconded by Board Member Matthai, Vice -Chairman Gregory and Board Member McCollister abstained, the motion passed. Secretary Kadow turned the Chair position back over to Vice -Chairman Gregory. Vice -Chairman Gregory took nominations for the remaining three year term.. Larry Lentzner and Caryl Ann Jacobs were nominated. The Board elected Larry Lentzner for the three year term, with the votes as follows: Larry Lentzner Vice -Chairmen Gregory Board Member Glaser Board Member Matthai Board Member McCollister Board Member Stotts Caryl Ann Jacobs Secretary Kadow Board Member Kohs Board Member Kadow Vice -Chairman Gregory took nominations for the unexpired term. Caryl Ann Jacobs, David Jahn, and Joseph Boclair were nominated. The Board elected Caryl Ann Jacobs for the unexpired term, with the votes as follows: Caryl Ann Jacobs David Jahn Joseph Boclair Vice -Chairmen Gregory Board Member Kohs Board Member Matthai Secretary Kadow Board Member McCollister Board Member Glaser Board Member Ridgeway Board Member Stotts Vice -Chairman Gregory took nominations for first and second alternates. David Jahn, Joseph Boclair, and Sheila Lacher were nominated. The Board elected Joseph Boclair for first alternate, with the votes as follows: David Jahn Joseph Boclair Sheila Lacher Vice -Chairmen Gregory Board Member Matthai Board Member Glaser Secretary Kadow Board Member McCollister Board Member Kohs Board Member Ridgeway Board Member Stotts The Board nominated David Jahn for second alternate, with the votes as follows: David Jahn Sheila Lacher Vice -Chairmen Gregory Board Member Glaser Secretary Kadow Board Member Ridgeway Board Member Kohs Board Member Matthai Board Member McCollister Board Member Stotts A.6 Discuss and take appropriate action on the approval of the September 5, 2008. minutes. Vice -Chairman Gregory noted that the agenda is incorrect. The Board will be reviewing the August 5, 2008 minutes. Board Member Kohs made a motion to approve the August 5, 2008 minutes. Seconded by Board Member Stotts. The motion passed unanimously. A.7 Parks and Recreation Staff update and discussion regarding project updates as listed below_ There will be no action taken on any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. 1. Trophy Club Park- The RFP bid opened today, 2 proposals were received. 2. Harmony Park- The bathrooms have been started, the parking lot is on track. 3. Comprehensive Park Plan 4. General Park Operations- A brief review of the 2008 summer day camp program was provided. A.8 Items for future agendas: 1. Sports association agreements 2. Trophy Club Park RFP 3. Comprehensive park plan 4. Northeast Park development 5. Joint meeting with Tree Board 6. TPWD grant A.9 Next meeting will be October 7, 2008 at 7:00 p.m. A.10 Adjourn. Board Member Stotts made the motion to adjourn at 10:02 p.m. Seconded by Board Member McCollister. Motion passed unanimously. Barbie Kadow Parks & Recreation Board Secretary PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.5 Discuss and provide input on agreements between the Town and the sponsored sports associations concerning the use of Town facilities and amenities. EXPLANATION: Staff is moving forward on drafting new contracts with the various sports organizations sponsored by the Town. RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Previous contract agreement with the sports associations. STATE OF TEXAS § NON-EXCLUSIVE § PARK FACILITIES COUNTY OF DENTON § USE AGREEMENT This Park Facilities Agreement is entered into this day of 2004, by and between the 'Town of Trophy Club, Texas (the "Town") and the Trophy Club Athletic Association (the "Association'). WHEREAS, the Town is the owner of and/or is leasing specified athletic fields within the Town, and WHEREAS, there exists within the Town a number of unincorporated athletic associations which are generally referred to as the Trophy Club Athletic Association, who desire to use the athletic fields and facilities contained within the Town for certain athletic events sponsored or controlled in whole or in part by the Association; and WHEREAS, in order to efficiently manage the use of the athletic fields, the parties are entering into this Agreement to regulate the conditions of use of such fields. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and the Trophy Club Athletic Association do hereby contract and agree as follows: 1. Town of Trophy Club Athletic Fields and Facilities: The Town shall make certain athletic fields located within Town Athletic Facilities available for nonexclusive use by the Association. The fields and facilities available for use are identified in Exhibit "A", a copy of which is attached hereto and incorporated herein. (hereinafter collectively referred to as "Facilities"). The Association may utilize the Facilities for athletic functions, in accordance with the following ten -ns and conditions: a. Schedule ofactivides. Facitities requirements; Town use. During the initial term of this Agreement, the Association shall provide the Town with at least ten (10) days prior written notice of the beginning and ending dates for its athletic season and shall provide the number and type of Facilities required for that season (including practice and game requirements) and the dates such Facilities are required.. For each renewal term of this Agreement, the Association shall provide the foregoing information at least sixty (60) days prior to the opening of any athletic season (softball, soccer, etc.). In accordance with that schedule, and to the extent such Facilities are available, the Town shall provide game fields and practice fields within the Facilities. Additional requests for the use of the Facilities for other than the use originally requested, must be made at least twenty-four (24) hours prior to the time needed. In the event of cancellation of any athletic season, CADocuments and SettingslaadannsUcal SettingATemperary Intemet Files\OLMMon Exclusive Sports Facility Use Agreement Basebal I -accepted. doc - 1 - game or event for which the Association has requested use of the Facilities, the Association shall immediately notify the Town of such cancellation. Notwithstanding the foregoing, the Facilities are open to use by the public at all times; provided however, that such public use may not interfere with Association's use during those times in which Association is utilizing the Facilities pursuant to this Agreement, the terms and conditions of the Association's use being more fully described herein. Additionally, regardless of any other terms or conditions contained herein, Town shall have the right to utilize any or all of the Facilities in accordance with the following provisions: (i) if the Facilities are scheduled for use by the Association at a time when the Town desires their use, the Town shall provide the Association with at least thirty (30) days written notice of its intent to use such Facilities, or (ii) if the Facilities desired for use by the Town are not scheduled for use by the Association, the Town shall provide the Association with at least twenty-four (24) hours notice of its intent to use such Facilities in a joint effort to reduce potential scheduling conflicts. The Town shall not be liable for any damages due to scheduling conflicts, closure, or availability of facilities. b. Tune of use. No Facility or any part thereof, maybe used by the Association earlier than 8.00 a.m. nor later than 10:40 p.m. The Facilities shall be available for use seven (7) days a week; provided however, that the Town reserves the right to close down the Facilities, or any part thereof, without notice to Association when the Town determines that it is necessary to close the Facilities for the purpose of maintenance, due to inclement weather, for the purpose of preventing damage to the Facilities, or due to a safety issue. Town will attempt to accommodate Association's schedule but may have to interrupt Association's use regardless of the day of the week; however, the Association agrees and understands that the decision to close the Facilities lies within the sole discretion of Town. Association agrees to release and hold harmless Town from any damages which arise out of or relate to the closing of the Facilities by Town. c. Terns of Contract._ Except as provided in paragraph 8 herein, this Agreement shall become effective upon its approval and execution by both parties and shall remain in effect until December 31 2004. After the initial term has expired and upon a eement of the parties, this Agreement may be renewed for five (5) additional terms of one (1) year each provided that each such renewal shall be-4pproved and executed b an authorized representative of each of the parties hereto. c. Maintenance, inspection and closure, storage. All Facilities shall be maintained by the Town and the Association in accordance with the Maintenance Standards set forth in Exhibit "S", a copy of which is attached hereto and incorporated herein. Facilities shall be inspected and may be closed in accordance with the Town's Athletic Facilities: Field Inspection and Closure Policy set forth in Exhibit "C" a copy of which is attached hereto and incorporated herein. Storage of property and equipment by the Association within CMacuments and SettingslaadatnsUcal SettingsVremporary Internet FiteslOLKQWon Exclusive Sports Facility Use Agreement Baseball-accepted.doe -2- the Facilities shall only be allowed in accordance with the guidelines contained in Exhibit "W', a copy of which is attached hereto and incorporated herein. Town, its officers, employees, contractors and agents reserve the right to inspect the Facilities at any time during Association's use of the Facilities for compliance with the terms and provisions of this Agreement, Town policies and/or Town Ordinances. Notwithstanding any express or implied duty, obligation or responsibility of the Town to inspect or maintain the Facilities, Association understands and agrees that the indemnity and insurance terns of this Agreement are provided for the protection of Town and that actions taken by the Town to inspect or maintain the Facilities, whether voluntarily performed or performed pursuant to contract or other obligation, are not to be construed as an assumption of liability by the Town for the condition of the Facilities or any injuries or other damages related to or arising from Association's use of the Facilities. d. Admission fees. The Association shall not charge any fee or other expense for admission to the Facilities for any event; provided, however, that upon prior approval of the Community Development Department, the Association may charge an admission fee for special events such as an approved athletic tournament. Association, its concessionaires and sublessees shall maintain accurate records of all fees and charges for admission to the Facilities. Such records and accounts shall he maintained in accordance with accounting principles generally accepted within that profession. Town has the right to audit Association's records and accounts for compliance with this paragraph upon five (5) business days written notice. Notwithstanding the foregoing, the Association may, in its discretion, request a voluntary donation for admission to athletic events, other than regularly scheduled league games. In.the event donations are sought, the Association shall provide signs at the event clearly indicating that donations are requested only for the event being conducted and are not required for admission. e. Compliance with laws. The Association shall not engage in any activity which violates any federal, state or local law. Specifically, and without limiting the foregoing, Association shall comply with all applicable local, state and Federal ordinances, laws and regulations regarding construction, health, safety, food services, water supply, sanitation, use of pesticides, and licenses or permits to conduct Association business. Association shalt not engage in any activity or use the Facilities in such a manner as to constitute a hindrance to other park patrons engaged in lawful activities. The Association shall not: (i) pen -nit any operation which emits any odor or matter which intrudes upon or interferes with the use of adjoining property, (ii) use an apparatus or machine which makes undue noise or causes vibration in or upon any adjoining property, or (iii) otherwise interfere with, annoy or disturb any other park patron, adjoining property owner, or user of such property. f. Complirutce ►vide leases, and third party aoireev rents. The Association understands that Town has entered into and/or may enter into one or more leases or contracts relating to the Facilities with one or more third parties. Such leases/contracts may affect the use of the Facilities by Association and other users. Association agrees to abide by the terms of such leases/contracts upon written notice from Town. Association shall have no claim for C:\Documents and Settingslaadams\Local SettingslTernporary Internet Filesl®t.K4Man Exclusive Sports Facility Use Agreement Baseball-aceeptc&doc -3- damages against Town based upon any of the terms or provisions of such leases/contracts or `Gown's compliance therewith, including but not limited to, compliance with a term of such lease/contract that would render the Facilities unusable by Association. Further, Association agrees and gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense, as amended, (32 CFR Fart 300) issued as ]Department of Defense Directives 5500.11 and 1020.1, as amended and Army Regulation 600-7, as amended. This assurance shall be binding on Association, its officers, employees, agents, sublessees, assigns and any other third parties for whom Association is legally liable. g. Damage to the Facilities. Association shall be responsible for any and all damage that may be caused to the Facilities as a result of, relating to, or arising out of Association's use of the Facilities, normal wear and tear excepted. Association shall exercise due diligence in the protection of the Facilities against fire or damage from any and all other causes. Upon Town's written notice to Association of any such damage resulting from, relating to, or arising out of Association's use of the Facilities, Association shall repair all such damage to the satisfaction of Town within the time frame established by Town. Association shall keep the Facilities in good order and in a clean, sanitary, and safe condition and shall have primary responsibility for ensuring that its officers, employees, agents, and invitees conduct themselves so as to maintain the Facilities in such a manner. Association shall remove no natural resources from the Facilities, cut no timber, remove no sand, gravel or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change or alter the contour or condition of the Facilities, except as specifically authorized by Town. Prohibited Conduct. Association, its officers, employees, agents, invitees and other third parties for whom it is legally liable shall not permit gambling, including raffles or other games of chance, at or upon the Facilities, nor shall they install or operate, or permit to be installed or operated thereon, any device which is illegal, or use the Facilities or permit them to be used for any illegal business or purpose. Association shall not conduct or permit any activity which would constitute a nuisance upon the Facilities. Association shall not permit the sale, storage, possession or dispensing of beer or other alcoholic beverages upon any portion of the Facilities. 2. Assignment; The Association shall not: a. assign or convey its rights under this Agreement without the prior written consent of the Town; or b. permit the use of the Facilities, or any part thereof, by any person(s), group(s), or organizations other than the Association except with prior written permission of Town. C:Mocurnents and SettingslaadamsU oval SettingslTetnporary Internet Filcs10LK491hon Exclusive Sports Facility Use Agreement Baseball-accepted.doe - 4 - 3. Documents; Officers: The Association shall provide to the Town a current copy of its rules, regulations, Articles of Incorporation, and Bylaws. The names, addresses and telephone numbers (both work and home) of all officers of the Association and its Board(s) shall be provided to the Town. 4. Field Manager; Commissioner: The Association shall provide to the Town the names, addresses and telephone numbers of those persons designated as its representatives, if different from the persons listed in paragraph 3 hereinabove, for all purposes related to the operation of the Facilities. It shall be the responsibility of the Association's representative(s) to meet with and discuss Facilities' conditions with the Town staff. The Association's representative(s) shall meet before each athletic season with the Town staff to be briefed on Facilities maintenance procedures and techniques. Association shall strictly adhere to all policies and standards as established by the Town and all amendments thereto. a. The Association shall also provide a representative on-site at each Association -organized or sponsored event, activity or tournament held at the Facilities. S. Insurance: The Association shall purchase and maintain during the term of this Agreement comprehensive general liability insurance including personal injury liability, property damage, premises operations liability, and contractual liability, covering, but not limited to, the Iiability assumed under the indemnification provisions of this Agreement fully insuring all activities of Association upon the Facilities. Such insurance coverage shall provide for a minimum of $500,000 per person, $1,000,000 per occurrence, and a minimum $250,000 in property damage coverage. Coverage must be on an "occurrence" basis. a. Such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and Iicensed to do business in the State of Texas;(ii) name the Town and Beck Properties, where applicable, as owner of the property upon which the Facilities are located, each individually, as additional insureds under all policies; and (iii) contain a waiver of subrogation endorsement in favor of the Town. Certified copies of all such policies shall be delivered to the Town upon the execution of this Agreement; provided, however, that the Town, in its sole discretion and in lieu of certified copies of such policies, may permit the delivery of certificates of insurance together with the declaration page of such policies, along with the endorsement naming the Town and Beck Properties as additional insureds and the waiver of subrogation. Each such policy shall provide that no less than ten (10) days prior to the cancellation, non -renewal or modification of the same, the Town shall receive written notice of such cancellation, non- renewal or modification. Upon signing of this Agreement, Association shall provide Town with a current copy of the Certificate of Insurance evidencing the foregoing coverage. Additionally, throughout the entire term of this Agreement, Association shall provide Town with a current certificate of insurance evidencing the coverage required hereunder. CADocuments and Settings\aadamslLocal Settingsgemporary Internet FilesXOLK491Non Exclusive Sports Facility Use Agreement Baseball-acceptcd.doc - S - b. Indemnity: The Town shall not be liable to the Association or to the Association's officers, employees, agents, guests or invitees, or to any other third party for whom Association is legally liable, for any injury to or death of any person or damage to property on or about the athletic Facilities, including but not limited to consequential damage, (a) caused by any act or omission of the Association, its officers, employees, agents, guests, invitees, or any other third party entering the Facilities by express or implied invitation of the Association, (b) arising out of the use of the Facilities by the Association, its officers, employees, agents, guests or invitees, or (c) arising out of any breach or default by the Association in the performance of its obligations hereunder, and the Association hereby agrees to release, defend, indemnify and hold harmless the Town, its officials, officers, employees and agents against any and all liability, loss, expense or claim (including, but not limited to, reasonable attorneys' fees) arising out of such damage, injury or death. The Town shall not be liable to the Association for any loss or damage that may be occasioned by or through the acts or omissions of other tenants or users of the athletic Facilities or of any other third party. The provisions of this paragraph shall survive the termination of this Agreement. Nature of relationship: Association, its officers, employees, and agents covenant and agree that Association is an independent contractor and not an officer, agent, servant or employee of Town and that Association shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between Town and Association, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership, agency, joint enterprise or fiduciary relationship between Town and .Association. The Association shall be responsible for and supervise all of its employees, associates, agents, representatives, volunteers and invitees. The Town shall be responsible for and supervise all of its employees, associates, agents and representatives. The Association is not an agent or employee of the Town and no act by any officer, employee, agent or representative of the Association shall bind or obligate the Town. The Town is not an agent or employee of the Association or Beck Property and no act by any official, officer, employee, agent or representative of the Town shall bind or obligate the Association or Beck Property. Likewise, no act by any officer, employee, agent or representative of Beck Property shall bind the Town. 8. Termination: Either the Town or the Associations may terminate this Agreement for any reason by giving at least thirty (30) days prior written notice mailed by certified mail, return receipt requested to the other party. 9. Notice: Where the tenns of this Agreement require that notice in writing be provided, such notice shall be deemed delivered, in the case of hand -delivery, when received, or in the case of certified mail, return receipt requested, upon three (3) days following the deposit of the notice in the United States mail, with such notice properly addressed as follows: To the To**vn: To the Association: 100 Municipal Drive Trophy Club, Texas 76262 Atha: Town Manager C:\Documents and Settingslaadams%Local SettingsMinporary Intemet FilesMKO\Non Exclusive Sports Facility Use Agreement Baseball-aecepted.doc - G _ 10. Applicable law: The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Exclusive venue under this Agreement lies in Denton County, Texas. 11. Severability and survival: Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions of this Agreement shall continue in full force and effect. All obligations arising prior to the termination of this Agreement allocating responsibility or liability of or between the Town and the Association shall survive the termination of this Agreement. 12. NonwaiveU Eine (1) or more instances of forbearance by either party in the exercise of its respective rights or remedies herein shall in no way constitute a waiver of the exercise of such rights or remedies. 13. Authority to execute Agreement. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 14. Counterparts: This Agreement may be executed in any number of counterparts and each shall be considered an original and collectively shall constitute one agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 15. Entire Agreement: This Agreement represents the entire and integrated agreement between the Town and the Associations and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Town and the Associations. IN WITNESS WHEREOF, the Town and the Associations have executed this Agreement on the day and year first hereinabove set forth. TROPHY CLUB TOWN OF TROPHY CLUB, TEXAS ATHLETIC ASSOCIATION By: By: Scott Smith Mayor Printed N Its: CA1Documents and SettingslaadamslLocal Settings7cmporary tntemet FileAOLK491Non Exclusive Sports Facility Use Agreement Baseball-accepted.doc -7- ATTEST: By: Diane Cockrell Town Secretary CADocuments and SettingsWdamsU-ocal SettingslTemporary ]ntemet Files10LK49)Ndon Exclusive Sports Facility Use Agreement Baseball-accepted.doc - 8 - EXHIBIT "A" FIELDS/FACILITIES AVAILABLE FOR USE Softball field located at Harmony Park; Softball field located at Independence Park and a storage unit located adjacent to the softball field. C:Tocuntents and SettingslaadarnALocal SettingslTernporary Internet Files\OLK491Non Exclusive Sports Facility Usc Agreement Softball_.doc - 9 - EXHIBIT "A" FIELDS/FACILITIES AVAILABLE FOR USE Soccer fields located at Harmony Park, including the concession stands located at Harmony Park; and Soccer fields located at Lakeview Elementary. CADocuments and Settingslaadams1Local SettingslTemporary [ntemet FilesOLK49%on Exclusive Sports Facility Use Agreement Soccer accepted.doc -9- EXHIBIT "A" FIELDS/FACILITIES AVAILABLE FOR USE Baseball fields located at Beek Park_ Baseball fields located at Independence Park and the concession stand at Independence Park. 00ocuments and Settingslaadams\Local Settings7emporary Internet Files10LK491Non Exclusive Sports Facility Use Agreement Baseball-accepted.doc - 9 EXHIBIT "B" MAINTENANCE STANDARDS 1. The Town shall maintain turf areas to include mowing, weed control, fertilizing, herbicide spraying and watering. 2. The Town shall also provide clay, sand, soil, etc., to be used in leveling or back filling low areas when deemed necessary by the Town. 3. The Association shall mark, for scheduled play, all designated fields and provide necessary equipment not provided by the Town. 4. The Town shall maintain all backstops, fences and gates in a safe, secure condition. The Association shall ensure that the fencing will not be used for warm-up hitting causing damage. 5. The Town shall maintain all bleachers and dugouts. b. The Town shall maintain all area and field lighting systems. The Town shall be responsible for the maintenance of field irrigation systems to provide adequate watering throughout the regular season, 7. The Town shall provide and install the home plate on the field(s) utilized by Association. 8. The Association shall be responsible for daily game day collection of all litter on their fields to include areas, dugouts, fences and backstops. The Association will encourage collection of litter in the bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the Town. The Town shall provide pick up for these receptacles. 9. The Association shall be prohibited from performing any maintenance to any turf or infield areas without permission from the Town. 10. The Association shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. 1.1. if the Town determines that additional services/maintenance items are necessary and the Town does not have funding available to perform such services/maintenance items, the Town agrees to consult with Association to determine if alternative funding is available from the Association or any of its sponsors. CADocurnents and SettingslaadamslLoeal Settingffemporary Internet FileslOLI O\Non Exclusive Sports Facility Use Agreement Baseball -acceptedAc c -10- EXHBIT "C" ATHLETIC FACILITES: FIELD INSPECTION AND CLOSURE POLICY Reasons for Athletic Field Closure or Postponement 1. Severe weather at game time. 2. Playing field is too wet. 3. Athletic fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. Town Procedures for Athletic Field Closures 1. The Town will inspect Athletic Fields no later than 3:00 p.m. 2. After games have begun and inclement weather becomes a factor, the umpires and/or Association Officials shall follow the same guidelines for deciding cancellation or postponement. 3. No play shall be allowed if the Town determines that the fields should be closed. The Association may make its own determination that the Fields are not suitable for play regardless of the Town's determination; however, the Town's determination that the fields are not open for play is final. The Town will provide a field status telephone number that the Association may call to check status of the Fields to obtain information regarding the Town's closure of Fields. Association may also access the field status telephone number and record a message to notify Association members that the fields are closed and that play has been cancelled. Association understands and agrees that Town may, in its discretion, override Association's determination regarding field closures; however, Association may not override Town's determination regarding field closures. Town Staff Guidelines for Implementation 1. The primary responsibility for making field closure decisions rests with the Town staff members responsible for athletic field maintenance. NOTIFICATIONS 1. The Town staff will notify the Association's representative of the field conditions no later than 3:30 p.m. on weekdays and 7:00 a.m. on weekends when activities are scheduled. 2. The appropriate Association representative has the responsibility to notify the Association and the participants about the field closure decision. C Tocuments and Settingstaadams\Local Settings7emporary Internet FilesloLK491Non Exclusive Sports Facility Use Agreement Baseball-aoccpted.doc - 11 - EXHIBIT "D" STORAGE GUIDELINES 1. Storage of hazardous materials, including but not limited to flammable items, is not allowed. 2. The Association is specifically allowed to store its field striping paint and related equipment necessary to stripe the fields. Signage that has been approved by the Town Council may be stored at the Facilities. CADocuments and SettingsWdamsTocal SeltirSATernporary Internet FileslOLK491Non Exclusive Sports Facility Use Agreement Baseball-accepted.doc -12- PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.6 Staff presentation on swim team and pool operations. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.7 Discuss and provide input concerning park related issues associated with the Highland's development. EXPLANATION: Staff will update and discuss park issues related to the Highland development with the Board. RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Information Memorandum PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.8 Parks and Recreation Staff update and discussion regarding project updates as listed below: There will be no action taken on any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. 1. Day Camp operations 2. Trophy Club Park 3. Sports Associations 4. Park operations. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.9 Items for future agendas: 1. Advertising on the fields 2. Comprehensive Park Plan. 3. Park revenue generation EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.10 Next meeting will be November 4 at 7:00 p.m. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 10-7-2008 Subject: Agenda Item No.A.11 Adjourn. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa)