09-Softball Field Use Agreement PJCCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
10/22/ 10
Council Date:
Legal
Kent McIlyar
9.
12/13/10
RECOMMENDED MOTION:
Move to approve a Softball Field Use Agreement with Paris Junior College for Paris Junior College's
use of Softball Field No. 4 at the City Sports Complex and authorize the City Manager to negotiate and
execute all necessary documents.
POLICY ISSUE(S):
Intergovernmental cooperation; Public hearing required by statute
BACKGROUND:
On February 23, 2003, Paris Junior College (PJC) donated 94.04 acres of land to the City of Paris for the
City's use in developing a Sports Complex. The City constructed four softball fields, permanent
lighting, a basketball and sport court pavilion, parking areas, access roads, a full-service concession
stand and restroom facilities as part of the Sports Complex development.
The City makes the softball fields available to youth and adult softball leagues from spring through fall
and the City also allows the PJC women's softball team to schedule practices and games at the Sports
Complex as coordinated through the City's Parks and Recreation Department.
PJC does not have a softball field on Campus and their women's softball team needs a designated field
that they can have first priority for practices, games and tournaments from the middle of August through
the middle of May each year. PJC is willing to make certain improvements and to assume annual
maintenance and upkeep responsibilities for Field No. 4 at the Sports Complex in return for the City
giving PJC first right of usage of the Field No. 4 from mid-August through mid-May. Aside from the
facility improvements the agreement essentially memorializes they way the City and PJC have been
cooperating since the field was built.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Draft Resolution and Agreement
ACTION:
BUDGET INFO:
F-117inancial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ EMS/IT ❑ Engineering, Planning, & Community Development
❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Public Works ❑ Utilities
City of Paris
Revised 2/04/08
4 ..~i
DRAFT
S:\RESWORK\CURRENT\Sports Complex - PJC Use Agreement (Field No. 4) RES 2010.docx
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE EXECUTION OF A SOFTBALL FIELD USE AGREEMENT
WITH PARIS JUNIOR COLLEGE FOR PARIS JUNIOR COLLEGE'S USE OF
SOFTBALL FIELD N0. 4 AT THE CITY SPORTS COMPLEX; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTNE DATE.
WHEREAS, on February 24, 2003, Paris Junior College conveyed 94.04 acres of land
to the City of Paris to develop a multi-purpose sports complex; and,
WHEREAS, Paris Junior College does not have a softball field on its campus and they
do not have available funding to build one; and,
WHEREAS, Paris Junior College has requested the City to give them priority use of
Field No. 4 at the Sports Complex for the Paris Junior College Women's Softball Team to use
for practices, games and tournaments; and,
WHEREAS, Paris Junior College has agreed to take over responsibility for
maintaining and keeping up Field No. 4 during the term of the Use Agreement and to make
certain improvements to Field No. 4 in accordance with the Use Agreement; and,
WHEREAS, on December 13, 2010 the public hearing was heal before the City
Council in accordance with Chapter 26 of the State Parks and Wildlife Code to hear from
any person interested in the proposed Softball Field Use Agreement; and,
WHEREAS, there is no feasible and prudent alternative other than allowing the
Paris Junior College Women's Softball team to have priority use of Field No. 4 at the City
Sports Complex; and,
WHEREAS, Paris Junior College has considered all reasonable planning to minimize
harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site,
resulting from said use of Softball Field No. 4; and,
WHEREAS, it would be in the best interest of the City of Paris and its citizens to
authorize the execution of an Annual Use Agreement with Paris Junior College for PJC's
priority use of said Softball Field No. 4, in the form attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
44
Section 2. That the City Manager be, and he is hereby authorized and directed to
execute, on behalf of the City of Paris, said Annual Use Agreement, attached hereto as
Exhibit A.
Section 3. That this resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 131h day of December, 2010.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
45
SOFTBALL FIELD USE AGREEMENT
STATE OF TEXAS §
§
COUNTY OF LAMAR §
This Use Agreement is made and entered into this day of December, 2010, by
and between PARIS JUNIOR COLLEGE, acting by and through its President, duly authorized
by the Board of Regents, hereinafter referred to as "PJC," and the CITY OF PARIS, TEXAS, a
home-rule municipal corporation, acting by and through its City Manager, duly authorized by
Resolution of the Paris City Council, hereinafter referred to as "CITY."
RECITALS
WHEREAS, on February 23, 2003, Paris Junior College conveyed 94.04 acres of land to
the City of Paris for the CITY's use in developing a Sports Complex; and,
WHEREAS, the CITY constructed four (4) softball fields, permanent lighting, a
basketball and sport court pavilion, parking areas, access roads, a full-service concession stand
and restroom facilities as part of the Sports Complex development; and,
WHEREAS, the CITY makes the softball fields available to youth and adult softball
leagues from spring through fall and the CITY also allows the Paris Junior College women's
softball team to schedule practices and games at the Sports Complex as coordinated through the
CITY's Parks and Recreation Department; and,
WHEREAS, Paris Junior College does not have a softball field on the PJC Campus and
PJC Women's Softball team needs a designated softball field that they can have first priority for
practices, games and tournaments from the middle of August through the middle of May each
year; and,
WHEREAS, Paris Junior College is willing to make certain improvements and to
assume annual upkeep and maintenance responsibilities for Field No. 4 at the CITY's Sports
Page 1 of 8 EXHIBI,r. A
46
Complex in return for the CITY giving Paris Junior College first right of usage of the field from
mid-August through mid-May throughout the term of this Use Agreement;
NOW, THEREFORE, in consideration of the Premises, the mutual covenants contained
herein and other good and valuable considerations, the receipt and sufficiency of which is hereby
acknowledged, the City of Paris and Paris Junior College agree as follows.
1. DEFINITIONS
1. City. Shall mean the City of Paris, Texas, a home-rule municipal corporation, its
official agents and legal representatives.
2. PJC. Shall mean Paris Junior College, its Board of Regents, President, official
agents and/or legal representatives.
3. Sports Complex. Shall mean the City of Paris Sports Complex located on 94.04
acres of land, a part of the George W. Cox Survey, Abstract No. 164 and a part of the Joseph
Leach Survey, Abstract No. 524, in the City of Paris, Lamar County, Texas as more fully
described in Exhibit A attached hereto.
4. Field No. 4. Shall mean Softball Field No. 4 at the CITY Sports Complex as
depicted in the Site Plan attached hereto as Exhibit B.
5. Improvements. Shall mean the improvements to be made to Field No. 4 by Paris
Junior College during the first year of this Agreement and as provided herein.
IL USE OF FIELD NO. 4
The Paris PJC Women's Softball team shall have priority use of Softball Field No. 4 at
the CITY Sports Complex from August 15 through May 15 or until the end of the PJC Women's
Spring Softball season, whichever date comes earlier, during the term of this Agreement and any
extensions thereof.
Page2of8
. . 47
The City of Paris shall have priority use of Field No. 4 for youth and adult softball
recreational leagues beginning May 16tt' (or the day following the end of the PJC Women's
Spring Softball season) through and until August 15th throughout the term of this Agreement and
any extensions thereof.
By July lst of each year of this Agreement, the Head Coach of the PJC Women's Softball
team shall provide a written schedule of the dates and times that PJC wi11 use Field No. 4 for
practices and games during the Fall season to the CITY Parks and Recreation Manager.
By February lst of each year of this Agreement, the Head Coach of the PJC Women's
Softball team shall provide a written schedule of the dates and times that PJC will use Field No.
4 for practices and games during the Spring season to the CITY Parks and Recreation Manager.
III. MAINTENANCE
Paris Junior College shall be solely responsible for the maintenance and upkeep of Field
No. 4 at the CITY Sports Complex throughout the term of this Agreement and any extensions
thereof. Maintenance and upkeep shall include, but not be limited to: fertilizing, seeding,
watering, mowing of the grass, chalking, maintenance of the infield, pitcher's mound, dugouts,
bleachers, fences, backstops, and all other areas associated with the safe operation of Softball
Field No. 4 at the CITY Sports Complex.
PJC agrees to maintain and operate Field No. 4 in a safe condition and in compliance
with the rules and regulations of the Governing Body of the Women's Junior College Softball
Association. PJC further agrees to maintain and operate Field No. 4 in accordance with this
Agreement, the ordinances of the City of Paris and other rules and regulations applicable to the
CITY Sports Complex.
Page 3 of 8
48
IV. IMPROVEMENTS
PJC agrees to make certain improvements to Field No. 4 during the first year of this
Agreement as set out below. All proposed improvements must be submitted in writing and with
appropriate design and/or drawings to the CITY's Parks and Recreation Department and to the
CITY Engineer no less than forty-five (45) days priar to the proposed installation date for
review, approval and permitting by the CITY.
a. extension of the length of the dugout and related fencing, benches and
dugout flooring;
b. construction of a solid exterior to the sides and back of the dugouts to
minimize fan interference with players;
c. placement of approved banner or signage "PJC Dragons" on the backstop
of Softball Field No. 4; and
d. installation of additional bleachers/seating for Field No. 4.
V. TERM
The initial term of this Use Agreement sha11 begin January 1, 2011, and shall end three
(3) days following the date the last game or practice is held on Field No. 4 during the 2011
Women's Junior College Spring Softball season. Thereafter, this Use Agreement shall
automatically renew for successive one-year terms, beginning August 15 and ending May 15, or
the day following the end of the PJC Women's Spring Softball season (whichever date comes
first), unless PJC or the CITY provides the other party with at least ninety (90) days written
notice of its intent to terminate this Use Agreement.
VI. INDEMNIFICATION
PJC agrees to release, indemnify, and hold the CITY, its elected officials, officers and
Page 4 of 8
. . . 49
employees harmless from and against any and all demands, debts, liabilities, suits, claims, and
causes of action of every kind and character whatsoever for damages or injuries to persons
and/or property occurring on Field No. 4 or the adjacent bleachers resulting from PJC's, its
players', members', students', invitees', agents', servants', or employees' use of Field No. 4 the
dugouts and/or adjacent bleachers; and CITY shall not be liable to PJC, its members, invitees,
agents, servants, employees, licensees, or visitors due to any condition of the Property being
improperly constructed, maintained, or being or becoming out of repair, PJC hereby waiving any
defects thereon and agreeing to hold and save CITY harmless from all claims for any such
damages or injuries; provided, however, that such indemnification shall not extend to
circumstances caused or resulting solely from the use of such property by CITY itself, its
members, invitees, agents, servants, or employees.
VIL INSURANCE
Prior to the effective date of this Agreement, PJC shall provide CITY with a valid
insurance certificate and/or copy of insurance policy demonstrating that PJC has obtained a
minimum of $250,000 per person, and $500,000 aggregate of general liability insurance for their
use and operation of Field No. 4 at the CITY Sports Complex. Said insurance policies shall
name the City of Paris, its elected officials, officers and employees as Additional Insured under
the above-referenced policies. PJC shall also renew this insurance policy every year during the
term of this Agreement and provide proof of insurance to the City Clerk, c/o City of Paris, P.O.
Box 9037, Paris, Texas 75461-9037 on or before the anniversary date of this Agreement.
VIIL DEFAULT/TERMINATION CLAUSE
Should PJC default in or fail or refuse to keep any of the covenants, conditions,
stipulations, and/or provisions herein contained, notice thereof shall be given to PJC by CITY,
Page 5 of 8
50
and in the event such default, failure, or refusal has not been corrected or performed within thirty
(30) days from the date of such notice, then this Annual Use Agreement may be terminated at
CITY's option, and it shall be lawful for CITY to reenter the Property and remove all persons,
property, and defects therefrom, all and every claim for damages by reason of said reentry being
expressly waived.
IX. NON-ASSIGNMENT
Paris Junior College shall not lease, sublease, rent or sublet Field No. 4, or any part
thereof, without the prior written consent of the City Manager of the City of Paris. No sublease,
sublet or partial lease of Field No. 4 shall have any binding effect on Paris Junior College
without prior written approval of the Paris City Manager as authorized by formal action of the
City Council of the City of Paris, Texas.
X. NOTICE
All notices required under this Lease must be given by certified mail or hand delivery
with signed receipt, addressed to the proper party, at the following addresses:
CITY: PARIS JUNIOR COLLEGE:
City Manager Paul Gene Borden
City of Paris President, Board of Regents
P. O. Box 9037 2400 Clarksville Street
Paris, TX 75460 Paris, TX 75460
With a conv to:
City Clerk
City of Paris
150 lst Street SE
Paris, TX 75460
XI. GENERAL PROVISIONS
This Softball Field Use Agreement constitutes the sole and only agreement of the parties to
this Agreement and supersedes any priar understandings or written or oral agreements between
Page6of8
1 51
the parties respecting the subject matter of this Agreement.
No amendment, modification, or alteration of the terms of this Softball Field Use
Agreement shall be binding unless it is in writing, dated subsequent to the date of this
Agreement, and duly executed by the parties to this Agreement.
This Softball Field Use Agreement shall be construed under, and in accordance with, the
laws of the State of Texas, and all obligations of the parties created by this Softball Field Use
Agreement are performable in Lamar County, Texas. Venue for State court actions arising under
this Agreement shall be exclusively in the courts of Lamar County, Texas; venue for federal
court actions arising under this Agreement shall be exclusively in the Federal courts for the
Eastern District of Texas.
WITNESS our hands this day of December, 2010, in multiple copies, each of
equal effect.
By:
ATTEST:
Berdie Gibson, Secretary
By:
PARIS JUNIOR COLLEGE
Paul Gene Roden, President
Board of Regents
CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
Page 7 of 8
- - - 52
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Kent McIlyar, City Attorney
Page 8 of 8
53
EXHIBIT A
(Legal Description)
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OVERA,LL SITE PLAN
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SURVEY # 02094 SHEET 2 OF 3 SHEETS
Being 94.042 aacs of land, a part of the George W. Cox Survcy Abstract Number 164
and a part of the Josepli Lcacli Survey Abstract NumUer 524, lying and being situated in
the City of Paris in Lamar County, Texas. The said 94.042 acre tract contains a part of a
called S2.654 acre tract as described in a Warranty Deed from W. K. Wiitiams to Paris
Junior Collegc District, dated E-15, 1952 of record in Decd Records 334, Page 236 of the
Deed Records oC Lailiar County, Texas. The said 94.042 acre tract also contains a part of
a called 41.03 acre lract described in Tract 1 and a part of a called 21.58 acre tract
dcscribcd in Tract 2 of aWarranty Deed from Elizabeth Caroline Henderson McCuliough
and husband Glenn ivlcCullough to Paris Junior College, dated 11-16-1987 of record in
Dced Records 715, Pagc 637 oCthc Decd Rccords of Lamar County, Texas. Tlte said
94.042 acrc tract also contains a part oCa called 55.91 acre tract describcd in Qlc First
Tract of a Warranty Dccd from Bedford E. Booth and Malvina Bootli to Paris Junior
College, dated May 22, 1956 of record in Deed Records 350, Page 172 of the Deed
Records of Lamar County, Texas. The said 94.042 acre tract also contains a part of a
called 97 acre Gacl as describcd in a Warranty Dced from Mamie M. Fenet to Paris
Junior Collcgc Mcmorial Foundation, dated 8-22-1945 of rccord in Dced Record 283,
Pabc 525 of thc Dccd Rccords oCLamar County, Texas. Thc said 94.042 acrc tract also
all of Tract No. 1 and a part of Tract No. 2 of a Warranty Deed from Texas Power &
Light Company to Paris Junior Collegc, dated 9-19-1973 of record in Decd Rccords 552,
Page 718 of the Dced Records of Lamar County, Texas. The said 94.042 acre tract being
described morc particularty by metes and bounds as follows:
Standing at the inlersection of the Northemmost East line of the referenced 82.654 acre
tract oCDeed Record 334, Page 286, with the North right-of-way of F. M. Highway 1507,
a point, the same bcin,,, the Southwest comer of a called 59.746 acre tract as conveyed to
Bcnton Raincy in Rcal Propcrty 544, Page 241, Go North (rccord bcaring) with the
Northernmost East line of the said 82.654 acrc tract a distance of 1403.86 fect to a!/i ' set
iron rod, on the L-ast side of an old abandoncd road, G fcct West of the East Cence linc, tor
the Point oCbcginning and the Southeast corncr of this tract.
THENCE: S SS°09'33" W a distance of 1433.55 feet to a%z" set iron rod, at 1.7 feet West
of a fence line, in the West line of the referenced 41.03 acre Tract 1 of Deed Record 715,
Page 637 and in the Last line of a calied 55,91 acre tract as conveyed to Paris Junior
College in Dced Rccords 350, Page 172, For the Southernmost Southwest corner of this
tract.
THENCE: N OI °31'OS" W ncar a fcnce linc, with the Wcst linc of thc said 41.03 acrc
tract and with the East line of thc said 55.91 acre tract a distance of 685.00 fcet to a'/~
inch set iron rod, at 1.3 Ceet GVcst of a fence line, for the Southemmost inside Southwest
corncr oC this tract. THENCE: N S I°02'34" W a distancc of 34G.1G fect to a'/, inch sct iron rod, for a
Southwcst corncr of this tract, in the Last line oCa callcd 15.245 acro tract as convcycd to
the Ciey of Paris aiid surveyed by J. M. Nelson on 10-3-1939 and in the Eastemmost
Wcst linc of thc rcfcrcnccd Firs[ Tract of Dccd Rccords 350, Page 172. r
THENCE: N O 1°50'27" W a distancc oE 50.00 fcel to a 3/6" found iron rod, for
Northcrnmost inside Soutliwest comcr- of this tract, at the Northcast corncr of the said
15.245 acrc City of Paris tract and at an inside Southwest comcr of the refcrenced 55.91
acrc First 7'cact.
THENCE: S SS°17'39" W with the North linc oCthc said 15.243 arc tract a distance of
91395 feet to a 3/8" found iron rod, for the Westernmost Southwcst corner of this tract.
THENCE: N 0 1°42'21 " W a distance of 30.00 Ceet to a%i' sct iron rod, for the
Wcstcrnmost Northwcst corncr of this tract.
THENCE: N SS° 17'39" E a distaiicc of 420.00 fcct to a'/2' sct iron rod for tlic inside
Noithwcst corncr of this tract.
THENCE: N Ol °42'21" 4V, crossing the Southcrnmost South linc of a callcd 97 acre tract
as coiivcycd to Paris lunior Collcgc Mcmorial Foundation in Decd Rccords 283, Pagc
525 and conlinuinb a lotal distancc oC 1035.00 fcct to a'/i' set iron rod, at 15 Ccct East of
a Ccncc linc ancl in lhc North right-of-way oCthc Paris Mount Plcasant Railroad
(Abandoncd), thc samc bcing the NoRh line of a tract of land convcyed to Paris Junior
'Collcgc in Tract 2 0l'thc Dccd Rccords 552, Pasc 718, for the Northwcst comer of this
tracL 1
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SURVEY # 02094 SHEET 3 OF 3 SHEETS
THENCE: N 75°O1'2G" E a distance of 866.62 feet to a'/:" set iron rod, at 3.5 feet East
of a fcnce line and in an East line of the said 97 acre tract of Deed Records 283, Page
525, the samcbcins the Wcst linc oFthc refcrcnced 21.83 acre Tract 2 of Deed Records
715, Pagc 637, for a corner of this tract.
THENCE: N 78051'53" E a distancc of 714.91 fcct to a'/~" set iron rod, near a fence linc
and in the Gast linc oC the said 21.53 acrc Tract 2, lhc samc bcing thc West linc of the
said 52.654 acre tract of Decd Records 334, Page 256, for the Northemmost Northeast
corner of this tract.
TI-IENCE: S Ol °06'44" C ncar a fcncc linc and with the East linc of the said 21.88 aac
Tract Onc and wiUl the West line of the said S2.654 acre tract a distancc of214.90 feet to
a'/:" sct iron rod, for tlle inside Norihcast comer of this tract.
THENCE: N SS°09'33" E a distance of 841.03 feet to a%:" set iron rod, at 31.8 feet East
of a Cence, in the East line oFthc said 82.654 acre tract and in the West linc of a tract of
land conveycd to Bcnton Rainey in Real Propcrty 554, Page 69, for the Eastcrnmost
Northeast corncr oCthis Lract.
THENCE: S 00°43'42" W a distancc of 1015.72 feet to a 3/8" found iron rod, for a
corner of this tract, at thc Soutlnvest corner of the refcrenccd Bcnton Riancy tract of Rcal
Propcrty 554, Pagc 69, at tlic Northcast comcr of Tract 1 as convcyed to Paris Junior
Collcbc in Dced Rccords 552, Pasc 71 S and at the Northwest comcr of a tract of land
conveycd to Bcnton Riancy in Rcal Propcrty 761, Page GS.
THENCG: S 00°21 ' 17" W a dislancc o£ 37. (S fcct to a 3/3" found iron rod, for a corner
of this tracl, at the Southcast comer oC the said Tract 1 of Deed Records 552, Page 718
and at the Northwest corner of the roferenced 82.654 acre Benton Rainey tract.
THENCE: South (rccord bcariilg) ncar a fcncc line a distance of 859.14 fect to thcpoint
oCbcgiiuning and containing 94.042 acres.
I, Mark L. Sandersoil Registered Profcssional Land Surveyor # 4911, State of Texas, do
hereby certi Cy the above was takcn from measurements madc upon the ground on 7-24-
2002 and thcrc arc no visible easements, rights-of-way, encroaChments or overlapping of
improvemcnts, noticed by myself, exccpt a shown on the plat.
RP129 3 PAGE0276
Mark L. nde son
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EXHIBIT B
(Map of City Sports Complex)
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DA'TE: 9-04-02
sCnt,E: AS SHOWN
JoB No.: 02-008
OF