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'.'
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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,
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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
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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
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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.
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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.
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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
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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:
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ATTEST:
By:
Diane Cockrell
Town Secretary
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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.
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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.
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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.
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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.
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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.
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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.
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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)