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Minutes TC 12/09/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, December 9, 2014 at 6 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, December 9, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Interim Town Secretary April Reiling PIO/Marketing Manager Patrick Arata Police Chief Danny Thomas Fire Chief Adam Adams Parks and Recreation Director Mayor Sanders announced the date of Tuesday, December 9, 2014 called the Town Council to order and announced a quorum at 6:30 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 9, 2014. 2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the January 13, 2015 meeting. Council Member Parrow would like agenda 3B Consider and take appropriate action regarding general signage on poles and painted on roadbeds be placed on the January 13, 2015 council agenda. Council Member Parrow would also like an item regarding the status of the RFP for Parks and discussion. Town Manager Slye indicated this was referred to the Citizens Financial Advisory Board (CFAB) and the CFAB recommendation will be brought forward to Council on January 13, 2015. Council would also like to discuss the priorities of the items referred to CFAB for recommendation and place them in order of importance. December 9, 2014 Minutes Page 1 of 39 Mayor Sanders wanted to know the status of Royal Troon and when it would be brought before Council. Adam Adams, Director of Parks & Recreation indicated it would be brought forward on the January 27th Council meeting. Mayor Sanders indicated he would like a workshop session agenda item on January 13th regarding the handbook for elected and appointed officials for Council to provide some direction to staff regarding the items they want addressed. Mayor Pro Tem Lamont would like to review the sign ordinance, political and real estate signs. Town Manager Slye indicated we need to address the sponsorship signs as well and this item would not be ready to review prior to the January 27th Council meeting. Town Manager Slye updated Council regarding some items that will be on the January 13th meeting that have been brought forward since the agenda was posted for tonight's meeting: • Denton County EMS Agreement (consent agenda) • Contract for the Broadway/Highland drainage component that was approved in the budget 3. Discussion of items from future agenda list: A. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) Council Member Shoff ner would like a policy brought back that encompasses a point system or measureable variables on a future agenda. Council requested Town Manager Mike Slye to look at written policies with more measurable factors for all departments. Town Manager Slye indicated the Town currently uses a depreciation schedule as well as other factors to determine replacement such as age, mileage, hours of operation, repairs, etc. B. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) Item will be brought back to workshop session on January 13, 2015 agenda. C. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014) Council would like staff to bring back a few options regarding current crosswalk sites. D. Review of policies related to employees compensation for auto allowances and retirement plans. (Sanders 9/9/2014) Council would like a policy for auto allowances. Council does not want retirement plans included in salaries moving forward. This item was removed from the future agenda and replaced with the following: Consider and take appropriate action regarding review of a policy related to auto allowances. CONVENE INTO REGULAR SESSION - START TIME — 6:14 P.M. The Invocation was offered by Adam Adams. The Pledges were led by Chief Arata. December 9, 2014 Minutes Page 2 of 39 CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Chuck Hall, 4 Shady Oaks Court addressed the council regarding fall leave removal from the streets. REGULAR SESSION 4. Consider and take appropriate action regarding a non-exclusive Agreement between the Town and TCR Youth Baseball Association for the use of Independence Park baseball and concession facilities for the Spring and Fall 2015 baseball seasons; providing for terms of usage and fees; and authorizing the Mayor or his designee to execute all necessary documents. Attachment A — Executed TCR Youth Baseball Agreement for Fall 2014 Baseball Season Parks & Recreation Director Adam Adams provided an overview of the recent activity surrounding the TCRYBA contract. The Parks & Recreation Board subcommittee that worked on preliminary contract negotiations agreed to the proposed numbers in the contract. John Watson, TCRYBA President and Brandon Hennig, TCRYBA Vice President were present and spoke to Council regarding the association and aspects of the contract. In order to open registration, the fee schedule must be set and TCRYBA would like to open registration as soon as possible. The non-resident fee has doubled from last year and the select registration has tripled since last year. Council has further questions regarding the contract and history, and would like to look at possibly increasing the fees for non-residents to cover park maintenance costs. A suggestion was made to approve a 6 -month contract so the association could move forward with baseball registration and the Council would have time to further examine the contract and financial component. Main motion Motion made by Council Member Rowe, seconded by Council Member Reed, to approve the Baseball Agreement as printed with the exception of section 1.02 having the term expire on a date after the completion of the spring season**. (with the intention of fully engaging the park board, Adam Adams and the TCRYBA) ** Spring season last tournament June 27, 2015 - June 29, 2015 From TCR Youth Baseball Agreement for Fa112014 Baseball Season 1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on December 31, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for (3) additional terms of one (1) year each, provided that each such renewal is not contested by either party within ninety (90) days of the contract's expiration date. Amendment according to the motion: 1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on ^^^^n"^r " 2015 June 30, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for (3) additional terms of one (1) year each, provided that eae# such renewal is not contested by either party within ninety (90) days of the contract's expiration date. December 9, 2014 Minutes Page 3 of 39 Amended motion Motion made by Council Member Shoffner seconded by Mayor Pro Tem Lamont to add 'of recreation' behind vice president in section 8.01 A. From TCR Youth Baseball Agreement for Fall 2014 Baseball Season 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to TCRYBA: A. Neither the position of President, Vice -President, Treasurer nor the position of Secretary of TCRYBA is held by a resident of the Town of Trophy Club; and Amendment according to the motion: 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to TCRYBA: A. Neither the position of President, Vice -President of Recreation, Treasurer nor the position of Secretary of TCRYBA is held by a resident of the Town of Trophy Club; and Amended motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Pro Tem Lamont, Council Member Rowe, Council Member Reed and Council Member Parrow voting for and Mayor Sanders voting against. Motion to amend main motion Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow to amend the main motion for the contract to commence on January 1, 2015 ending June 30, 2015 with one automatic renewal of six (6) months. Amendment according to the motion: 1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on ^^^^^^"^r " 2015 June 30, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for one (1) additional term of six (6) months (" GdditieRGI teFR ,. 4 eRe (4 Ye e#, provided that e4&4 such renewal is not contested by either party within ninety (90) days of the contract's expiration date. Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Pro Tem Lamont, Council Member Rowe, Council Member Reed and Council Member Parrow voting for and Mayor Sanders voting against. Susan Edstrom, 269 Oak Hill Drive addressed the council opposing user fees Main motion as amended Motion passed unanimously. S. Consider and take appropriate action regarding a recommendation from the Animal Shelter Board regarding the future of the animal shelter facility. Attachment B —Animal Shelter Board Future Facility Recommendation Presentation Susan Edstrom, Chair of Animal Shelter Board provided a presentation regarding the recommendation on behalf of the Animal Shelter Board regarding the future facility and addressed any questions council had. Presentation only, no action taken. COUNCIL RECESSED - 8.41 P.M. RECONVENE INTO REGULAR SESSION - START TIME — 8:50 P.M. December 9, 2014 Minutes Page 4 of 39 Consider and take appropriate action regarding the recommendation from the Information Technology Subcommittee regarding the disposition of software jointly owned by the Town and Trophy Club Municipal Utility District No. 1. Motion made by Council Member Rowe, seconded by Council Member Reed, to pay Trophy Club Municipal Utility District No. 1 a sum of $15,000 for software assets that have previously been paid for by Trophy Club Municipal Utility District No. 1. Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Sanders, Council Member Rowe, Council Member Reed and Council Member Parrow voting and Mayor Pro Tem Lamont voting against. 7. Consider and take appropriate action regarding proposed Town Council Meeting dates for January 2015. Town Council retreat scheduled for Friday, January 23rd starting at 1:00 pm and Saturday, January 24th starting at 8:00 am. 8. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Attachment C — Executed Resolution 2014-44 Motion made by Council Member Rowe, seconded by Mayor Sanders, to approve Resolution 2014-44 appointing David Brod as the chair and reaffirming the existing appointments. Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Sanders, Council Member Rowe, Council Member Reed and Council Member Parrow voting and Mayor Pro Tem Lamont voting against. 9. Town Council Liaison Updates; discussion of same. * Citizen Financial Advisory Board - December 1st Council Liaison - Mayor Pro Tem Lamont 10. Town Manager Slye's update regarding the following; discussion and provide input regarding same. • Special Session Town Council Meeting - December 18th • Human Resources Update — Town Secretary Recruitment — Director of Finance Recruitment • Trophy Club Magazine Update • No Solicitation Sign Update • Update regarding Public Services Annex Building Discussion with Trophy Club Municipal Utility District No. 1 • Gingerbread Cookie Decorating with Trophy Club Fire Department, December 12th Town Manager Slye updated the Council and addressed questions; no action taken, update only. December 9, 2014 Minutes Page 5 of 39 11. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Consider and take appropriate action regarding review of a policy related to auto allowances. (added during workshop item 31)) Mayor Pro Tem Lamont added 'Consider and take appropriate action regarding reviewing the schedules of fees for outside baseball tournaments.' EXECUTIVE SESSION 12. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of anew Police and Town Hall Facility and related negotiations CONVENE INTO EXECUTIVE SESSION - START TIME — 9:48 P.M. RECONVENE INTO REGULAR SESSION - START TIME -10:00 P.M. RECONVENE INTO REGULAR SESSION 20. Consider and take appropriate action regarding the Executive Session. No action taken. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Reed, to adjourn. Motion carried unanimously. Meeting adjourned at 10:01 p.m. f r. (1. Tammy Andjnterim Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas December 9, 2014 Minutes Page 6 of 39 ATTACHMENT A Executed TCR Youth Baseball Agreement for Fall 2014 Baseball Season December 9, 2014 Minutes Page 7 of 39 THE STATE OF TEXAS § COUNTY OF DENTON § NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND THE TCR YOUTH BASEBALL ASSOCIATION THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as "TOWN"), acting by and through its Mayor or designee, and the TCR Youth Baseball Association (hereinafter referred to as "TCRYBA"), acting by and through the President its Board of Directors, or designee, (hereinafter "Agreement"). WITNESSETH: WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on Independence (hereinafter "Independence Park"); and WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball play; and WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically identified herein below; and WHEREAS, maintenance and upkeep obligations shall be shared by Town and TCRYBA as expressly set forth in this Agreement; and WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with TOWN; and WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified herein shall be used by TCRYBA solely for the purpose of providing baseball use for the members of the TCRYBA; and WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or oral agreements for use of Independence Park, and by execution of this Agreement, the parties agree and intend that this Agreement shall exclusively govern TCRYBA's use of Independence Park. 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, TOWN and TCRYBA do hereby agree as follows: December 9, 2014 Minutes Page 8 of 39 INCORPORATION OF PREMISES / TERM 1.01 Incorporation of Premises. The foregoing premises to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on June 30, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for one (1) additional term of six (6) months, provided that such renewal is not contested by either party within ninety (90) days of the contract's expiration date. II. INDEPENDENCE PARK / CONSIDERATION 2.01 Independence Park. TOWN, under the terms and conditions provided herein, shall allow TCRYBA the non-exclusive use of Independence Park and facilities within the parks as specifically identified in Exhibit "A", a copy of which is attached hereto and incorporated herein, for athletic and sporting events, to wit, baseball events. 2.02 Consideration. In addition to the fees otherwise provided herein, for the Spring, 2015 Season and the Fall 2015 Season (defined below), TCRYBA shall assess and collect a fee for each child who does not live within the corporate limits of the Town of Trophy Club or the City of Roanoke. Such fee shall be twenty dollars ($20.00) per child for each child who enrolls in the recreation division of the TCRYBA baseball program and thirty dollars ($30.00) per child for each child who enrolls in the select division of the TCRYBA baseball program. No later than the twenty-first (21S) day after the commencement of regular season game play for the Spring 2015 Season and for the Fall 2015 Season, TCRYBA shall remit to Town all such fees collected and shall provide the written report required by Section 12.02 of this Agreement. In further consideration for the use of Independence Park, TCRYBA hereby agrees to provide a proposed use schedule (which specifically identifies complexes and fields to be used) to the TOWN at least seven (7) days before the commencement of each seasonal practice schedule and at least fifteen (15) days prior to each regular season game schedule. In the event of changes in the game and or practice schedule, TCRYBA shall provide TOWN with a written notice at least seventy-two (72) hours prior to the proposed change. Acceptance of the proposed changes shall be within the sole discretion of the Town; provided however, that acceptance shall not be unreasonably withheld. 2015 Non -Exclusive Use Agreement with TCRYBA Page 2 of 13 December 9, 2014 Minutes Page 9 of 39 III. USE SCHEDULING 3.01 Regular Season. The "Spring 2015 Season" shall run from the —first week of February 2015 through the fourth week of June 2015 and the "Fall 2015 Season" shall run from the second week of August 2015 through the fourth week of November 2015, and shall include tryouts, all practice and league games, tournaments and make-up games. 3.02 Tournament Rates. Upon thirty (30) days written notice and approval of proposed scheduling by TOWN, TCRYBA shall be allowed to schedule one(1) tournament during the Fall 2015 Season for a payment of Two Thousand Dollars ($2,000) and two (2) tournaments during the Spring 2015 season for a payment of Two Thousand Dollars ($2,000) per tournament. Each tournament shall last no longer than five (5) consecutive days, subject to extension due to inclement weather. TCRYBA shall remit payment to Town on or before the eighth (8t") day following the last day of each such tournament. For any additional tournaments during the Fall 2015 Season and/or the Spring 2015 Season, TCRYBA shall pay tournament fees as outlined in the applicable Schedule of Fees adopted by TOWN. 3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games and practices on dates not contained in the TOWN approved schedule shall not be permitted unless these additional times are mutually agreed to in writing by the TOWN and TCRYBA, and if allowed, there shall be no additional cost to TCRYBA. Use of Independence Park shall be limited to the sports games and contests scheduled by TCRYBA, and TCRYBA shall provide written notice of scheduling to the Parks and Recreation Department in accordance with the time frames set forth in this Agreement. TCRYBA shall provide one point of contact for all scheduling of Independence Park. No TCRYBA tournaments and/or use of Independence Park by TCYRBA, other than that expressly provided for under a TOWN approved schedule, shall be allowed by the TOWN. Weather days, rain days, or suspension of play may require rescheduling of events. TCRYBA shall provide written notice of such rescheduling requests to the Parks and Recreation Department at least seventy-two (72) hours in advance of the proposed schedule change. TCRYBA shall designate one (1) day per week on which it will not be allowed to use Independence Park for either practice or games. The proposed day shall be submitted to the TOWN thirty (30) days prior to the commencement of regular season practice for both the Spring 2015 Season and for the Fall 2015 Season, and TOWN shall have exclusive authority to accept such designation or to designate a different day. 2015 Non -Exclusive Use Agreement with TCRYBA Page 3 of 13 December 9, 2014 Minutes Page 10 of 39 IV. MAINTENANCE RESPONSIBILITIES 4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all routine maintenance of Independence Park, including the following: 1. watering; 2. mowing; 3. over seeding (as needed) 4. fertilization; 5. aerification; 6. top -dressing; 7. striping of the game fields, for league scheduled games & tournaments; 8. concession stand; 9. restrooms; 10. lighting; 11. irrigation; 12. turf management; and 13. other similar maintenance items 4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of repairs and shall have the sole duty and responsibility for making repairs to all permanent improvements owned by the TOWN such as fencing, buildings, lighting, or other permanent structural improvements upon Independence Park. 4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make, at its own expense, all alterations or additions to all or any portion of Independence Parkas the TOWN determines appropriate in its sole discretion, notwithstanding any conflicting provision of this Agreement. 4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be responsible for the following: A. Maintenance and Improvements Generally. Maintenance or improvements in addition to those provided by TOWN pursuant to this Section, shall be the responsibility of TCRYBA and shall only be allowed upon the prior written approval of TOWN. B. Field Maintenance: TCRYBA through their President or designee shall promptly notify the TOWN of all field maintenance requests, requests for additional services or the existence of unsafe conditions by providing written notice to the Park Superintendent and/or designee. 4.05. TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in part, any improvement, fixed or movable, upon Independence Park, including without limitation bleachers, without first obtaining the express written permission 2015 Non -Exclusive Use Agreement with TCRYBA Page 4 of 13 December 9, 2014 Minutes Page 11 of 39 of the TOWN and then only in the event that the move, alteration or removal will not subject such improvements or Independence Park to damage. Any such move, alteration or removal shall be at the sole expense of TCRYBA. 4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council meeting and shall provide an update to the Town Council within thirty (30) days after the last day of regular season play for both the Fall 2015 Season and the Spring 2015 Season. 4.07 Ex -Officio Member. The Parks and Recreation Director or designee shall serve as an ex -officio member of the Board of Directors of the TCRYBA. TCRYBA shall email board meeting agendas to the Parks and Recreation Director or designee a minimum of seventy—two (72) hours prior to each such TCRYBA Board meeting. 4.08 Sponsorship Opportunities. TCRYBA shall diligently pursue third party sponsorships that will reduce the maintenance and operational costs of both TCRYBA and TOWN, including without limitation, additional tournaments and other TOWN authorized activities. 4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in combining resources and participation in TOWN sponsored events. TCRYBA agrees to work with TOWN in the joint scheduling and promotion of TOWN events as practicable for both parties. V. Rules and Regulations / Closure/ Parkinq 5.01 TOWN Regulations. TCRYBA understands and agrees that its' use of the Independence Park shall be allowed only in accordance with TOWN ordinances, guidelines and regulations, including without limitation the following: A. Athletic Facility Rainout Procedures: During questionable weather periods, field playability status will be posted on the TOWN'S field conditions line by 12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by TOWN'S Parks Superintendent and/or designee. Emergency contact numbers shall be distributed to TCRYBA designated officials prior to season start. The field conditions line shall be updated as soon as possible when field conditions change status. B. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or postpone any games, tournaments, practices, scrimmages, camps or other activities if severe weather conditions are present and/or when TOWN notifies TCRYBA that supplemental watering will be conducted. Notwithstanding the terms of this Agreement, TOWN, in its sole discretion, retains the right to close any or all of Independence Park that is the subject of this Agreement. The Park Superintendant and/or designee, at their sole discretion, may close 2015 Non -Exclusive Use Agreement with TCRYBA Page 5 of 13 December 9, 2014 Minutes Page 12 of 39 Independence Park and suspend play at any time if, in TOWN'S sole discretion, it is determined that continued use presents a risk of injury to persons or damage to Independence Park or the general health, safety or welfare of the public. In addition, all of a portion of Independence Park may be closed for repair, remodeling or overseeding. In the event of closure for such maintenance, TOWN shall timely notify TCRYBA officials in order to minimize the impact on scheduling as much as reasonably possible. TOWN also reserves the right to close all or a portion of Independence Park during operational hours, and if resources are available, TOWN may offer substitutions or alternatives for the use of Independence Park or offer replacement premises or facilities. 5.02 Parking: During the term of this Agreement, TOWN shall provide TCRYBA with access to and use of Independence Park east parking area. The repair and maintenance of such parking lot shall remain the sole responsibility of the TOWN. VI. TCRYBA USE OF TOWN PARK CONCESSION FACILITIES 6.01 Schedule. TCRYBA shall have the right to use the concession facilities at Independence Park during the term of this Agreement. 6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for the purpose of vending and/or sale of concessions, food, beverages, or merchandise. TCRYBA is strictly prohibited from leasing or sub -leasing the concessions operation of any TOWN facility located on Independence Park without written permission from the Director of Parks and Recreation. 6.03 As -Is Condition. The TCRYBA shall take Independence Park on an "as -is" condition on the date of execution of this Agreement and there shall be no obligation by the TOWN to make any other improvements to the concession stands and/or any other Independence Park facilities. TCRYBA shall not make any improvements or structural changes to any TOWN concession facility without written permission by the Director of Parks and Recreation. VII. GENERAL REQUIREMENTS APPLICABLE TO TCRYBA USE OF TOWN PROPERTY 7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense 2015 Non -Exclusive Use Agreement with TCRYBA Page 6 of 13 December 9, 2014 Minutes Page 13 of 39 that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and maintain, at its sole expense, general liability insurance with the minimum amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the TOWN of Trophy Club as an additional insured to protect against potential claims arising out of the TCRYBA's use of the Independence Park and the facilities. TCRYBA shall furnish TOWN with certificates of insurance evidencing its compliance with this Paragraph at least ten (10) days prior to the commencement of the term of this Agreement. Nothing contained herein shall be construed to grant any third party rights or as a waiver of any governmental and/or public purpose of the operation or use of all or a portion of Independence Park. 7.03 No Third Party Beneficiary: For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with TOWN or TCRYBA or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or TCRYBA. This Agreement shall not create any third -party beneficiaries. 7.04 Notice: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered by e-mail or personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the following addresses as may be designated by the appropriate party; however, each party has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TCRYBA: John Watson TCR Youth Baseball Association PO Box 1568 Roanoke, Texas 76262 2015 Non -Exclusive Use Agreement with TCRYBA Page 7 of 13 December 9, 2014 Minutes Page 14 of 39 If to TOWN: Adam Adams Director of Parks and Recreation Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 7.05 Claims Against Parties: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of Independence Park. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.05 Entire Agreement: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 7.06 Severability: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. 7.07 Authority: The undersigned officers and/or agents are authorized to execute this Agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or dangerous conditions it discovers on or concerning Independence Park or other TOWN property, and shall cease any such use until such defect or condition is repaired or cured, provided TOWN shall not have an obligation to repair or cure any such defect of condition. VIII. TERMINATION 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to TCRYBA: A. Neither the position of President, Vice -President of Recreation, Treasurer nor the position of Secretary of TCRYBA is held by a resident of the Town of Trophy Club; and 2015 Non -Exclusive Use Agreement with TCRYBA Page 8 of 13 December 9, 2014 Minutes Page 15 of 39 B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one (1) of the required positions set forth in subsection A within sixty (60) days after the date upon which none of the required positions are held by a Trophy Club resident. C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance with the provisions of this Agreement or otherwise defaults upon any one or more of its obligations under this Agreement, and TCRYBA has failed to remedy such default within ten (10) days of the date of TOWN'S written notice of default to TCRYBA. 8.02 Termination Without Cause. Either party may terminate this Agreement with or without cause, by giving ninety (90) days prior written notice of the date of termination to the other party. Upon termination, all permanent improvements shall remain the property of TOWN and all personal property shall remain the property of the party paying for such personal property. Removal of personal property or improvements shall be subject to the terms contained herein. However, all personal property and improvements remaining on Independence Park property for ninety (90) days after the date of termination of this Agreement shall become the personal property and improvements of the TOWN. IX. REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. X. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; exclusive venue for any action shall be in Denton County, Texas. XI. ASSIGNMENT TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or obligations under this Agreement without the prior written approval of the TOWN. 2015 Non -Exclusive Use Agreement with TCRYBA Page 9 of 13 December 9, 2014 Minutes Page 16 of 39 XII. GENERAL REQUIREMENTS 12.01 Financials. TCRYBA shall provide financials for review by Town on or before the first Monday in February, 2015 for the previous Fall 2014 Season, on or before the first Monday in August, 2015 for the Spring 2015 Season, and on or before the first Monday in February, 2016 for the Fall 2015 Season. This requirement shall survive termination and/or expiration of this Agreement. 12.02 Reports. On or before the twenty-first (21S) day following the commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a written report identifying the total number of TCRYBA registered players, the city of residence for each such player, the associated age division for each such player, and the classification of the player as a member of a recreation team or a select team. 12.03 Board Members. On or before the twenty-first (21S) day following the commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a list of the names and city of residence for each TCRYBA board member. 12.04 Background Checks. TCRYBA shall require that each person volunteering to serve as a board member, head coach and/or an assistant coach, or in any other capacity pass a background check. Additionally, all adult umpires shall be required to successfully pass a background check. TCRYBA approved standards for successful completion of a background check shall be provided to TOWN, and any person failing to meet such standards shall not be allowed to volunteer, serve or otherwise work for TCRYBA in any manner or capacity. WITNESS! TCR\YOUTH BASEEALL ASSOCIATION in Watson, President R Youth Baseball Association 2015 Non -Exclusive Use Agreement with TCRYBA Page 10 of 13 December 9, 2014 Minutes Page 17 of 39 ATTEST: TOWN OF TROPHY CLUB, TEXAS By: C. Nick Sanders, ayor Town of Trophy Club, Texas Az Tahamy Ard, gown Secretary Town of Tro y Club, Texas APPROVED AS TO FORM: By: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 2015 Non -Exclusive Use Agreement with TCRYBA Page 11 of 13 December 9, 2014 Minutes Page 18 of 39 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the _ day of , 2014 by C. Nick Sanders, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the _ day of 2014 by John Watson, President of the TCR YOUTH BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation. Notary Public in and for the State of Texas 2015 Non -Exclusive Use Agreement with TCRYBA Page 12 of 13 December 9, 2014 Minutes Page 19 of 39 EXHIBIT "A" (TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA) INDEPENDENCE PARK Field #1 Field #2 Field #3 Field #4 Field #5 Field #6 Field #7 Batting cages T -ball practice field Concession #1 Concession #2 Parking 2015 Non -Exclusive Use Agreement with TCRYBA Page 13 of 13 December 9, 2014 Minutes Page 20 of 39 ATTACHMENT B Animal Shelter Board Future Facility Recommendation Presentation December 9, 2014 Minutes Page 21 of 39 Cl) 0 N N N 0) U) 0 N N E N U N 0 4--j r� r--4� ct 4 CtO i Ct i i O V/ n ' W, ct i ct v O cn 4—' V) ct ct � O U cn bA a--+ ct • r --i W 4-01 Ct t4Z4 4-JCt +- tt ct Ct v t �O C Cl) 0 N N 0) C w I . 1 6�- A.PAW ""'4 -.00 p Vie 4idirp rawc PIZ%- I m� T`Fixr� f7�!■ t, y �` urrrxrntinrnrnaiayi �u�rr✓r✓r��✓✓✓✓iii✓,���,r � 1 Il(llAf,i a ,s1j1111�'�J11'� '� -min Wil' -• I Cl) 0 I- N N 0) a w A U 4-j ct 4-j C O ct U N z U 4� O ct O ct V) .Cl) ct O Cl) 0 00 N N 0) 0 N E U N 0 Cl) 0 0 rn N N 0) m n U) N C V O N N E N U N 0 75 0 0) ct •� O a--+ a -J -G� O o � °; + 4—j s.., O O ct 4—j O - O c� 4—j ct (a) r4• c� Oct F---' 5 4-J O aA bA O , c ct .�; • ,--i O Ct OCO r -4p +-+O t 4—j '� � ct ct M� wj .r� CCS Ct a cV ct O O FAM 0 0 N Cl) N 0) 0 0) 0 N U N 0 O U d U � r T Cl) 0 LO Cl) 0) m X 0 5 o al U al bio N � O N C) o° �� �En o � C�jal o Q al a �P-1 U go�.yy cn nO O I� Cl) 0 (D Cl) 0) m ATTACHMENT C Executed Resolution 2014-44 December 9, 2014 Minutes Page 37 of 39 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-44 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-04 APPOINTING CITIZENS TO SERVE ON THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB TEXAS AND ADOPTING THIS RESOLUTION REAFFIRMING EXISTING APPOINTMENTS AND APPOINTING A MEMBER OF THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB, TEXAS TO SERVE AS CHAIRPERSON FOR THE BOARD, AND DESIGNATING A TERM OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on February 3, 2014, the Town Council adopted Resolution No. 2014-04 to appoint residents to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club (Board), and designating a person to serve as Chairperson for the Board; and WHEREAS, state law mandates that one person be appointed to serve as the Chairperson for the Board of Reinvestment Zone No. One, with a term of service for the Chairperson being for one (1) year and commencing on January 1 of each year; and WHEREAS, the term of service for the currently designated Chairperson for the Board expires on December 31, 2014; and WHEREAS, the Town Council desires to appoint a member of the Board of Directors to serve as a Chairperson with a term commencing on January 1, 2015 and expiring on December 31, 2015; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-04 and adopts this Resolution to designate a member of the Board of Directors to serve as Chairperson for the period commencing January 1, 2015 and expiring on December 31, 2015 as set forth herein and to reaffirm current appointments as specifically provided below: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: RES 2014-44 Page 1 of 2 December 9, 2014 Minutes Page 38 of 39 Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2014-04, to appoint a Chairperson and to reaffirm existing appointments as applicable, the following individuals to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club, Texas and designating a Chairperson for the Board as specified below: Reinvestment Zone No. 1, Town of Trophy Club, Texas 1. Carolyn Simms (2015) (Tarrant County) 4. Jared King (2015) 2. *David Brod (2016) (EDC -4B) 5. Adam Broyles (2016) 3. Darryl Howard (2016) *Board Chair - appointment expires December 31, 2014 "Board Chair — appointment expires December 31, 2015. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 9th day of December, 2014. ATTEST Tarfimy Ard To of Tr( RES 2014-44 cy r c M grim Town Secretary Club, Texas c/ C. Nick Sanders, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 2 of 2 December 9, 2014 Minutes Page 39 of 39