HomeMy WebLinkAboutItem 12 - CGISD ����� �P ..�.�� . -
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER��
MEETING DATE: AUGUST 19, 2008
SUBJECT: CONSIDER AN MEMORANDUM OF UNDERSTANDING WITH
GCISD FOR THE USE OF COMPETITION BASEBALL AND
SOFTBALL FIELDS AT COLLEYVILLE HERITAGE HIGH
SCHOOL AND GRAPEVINE HIGH SCHOOL
RECOMMENDATION:
Staff recommends the Council approve a Memorandum of Understanding (MOU) with
GCISD for use of ballfields on school campuses for league games for youth baseball
and youth girls softball during the renovation of the Oak Grove Ballfield Comptex. The
MOU is attached for review.
BACKGROUND:
The renovation of the Oak Grove Ballfield Complex is currently underway and is
scheduled to be completed by April of 2009. During the construction, league games and
practices for youth baseball and softball will be taking place at ballfields at Parr Park and
Bear Creek Park. Additional ballfields are needed for league games and officials at
GCISD have agreed to allow games at ballfields at Colleyville Heritage High School and
Grapevine High School.
DE
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August 13, 2008 (4:08PM)
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF GRAPEVINE, TEXAS AND THE CRAPEVINE-
COLLYEVILLE INDEPENDENT SCHOOL DISTRICT FOR THE USE OF
COMEPTITION BASEBALL AND SOFTBALL FIELDS LOCATED AT
COLLEYVILLE HERITAGE HIGH SCHOOL
AND GRAPEVINE HIGH SCHOOL
This Memorandum of Understanding (the "Memorandum") for the use of the competition
baseball and softball fields located at Colleyville Heritage High School ("CHHS") and
Grapevine High School ("GHS") made and entered into by and between the City of
Grapevine, Texas, a municipal corporation located in Tarrant County, Texas, hereinafter
referred to as "City" and Grapevine-Colleyville Independent School District ("GCISD"),
an independent school district in Tarrant county, Texas, partially located in the City of
Grapevine, and which is hereinafter referred to as "District."
WHERAS, the City and the District desire to enter into a Memorandum of Understanding
for the use of the competition baseball and softball fields located at each high school, and
WHEREAS, the City and the District are willing to cooperate with one another to
accomplish the use of the competition baseball and softball fields located at each high
school for games (no practice sessions permitted), and
WHEREAS, it is mutually advantageous to both parties to enter into this Memorandum
of Understanding.
WITNESSETH
NOW, THEREFORE, for and in consideration of the mutual covenants, terms and
conditions set forth herein, and the mutual benefits to each party, the receipt and
sufficiency of which are hereby acknowledged, the City and the District hereby contract,
covenant,warrant and agree as follows:
I.
ADOPTION OF PREAMBLE
All of the matters stated in the preamble of the Memorandum of Understanding are true
and correct and are hereby incorporated into the body of this Memorandum of
Understanding, as though fully set forth in their entirety herein.
OBLIGATIONS OF PARTIES
1. The District agrees to allow the City to request the use of the high school
competition baseball and/or softball fields as shown on Exhibit A for CHHS and
Exhibit B for GHS for games (no practice sessions permitted) played on Sundays
by either Grapevine Youth Baseball ("GYB") or the Grapevine Girls Softball
Association ("GGSA") during the period of August, 31, 2008, through April 26,
2009. The City agrees to secure from both associations indemnity for the District,
as referenced in Exhibit C.
2. The City understands and agrees that it must submit requests for the use of the
high school competition baseball and softball fields under the prescribed method
then in effect. The City further acknowledges that a request may be denied,
rescheduled or even canceled should the District need to perform maintenance or
provide a rejuvenation period due to wear and tear of a field.
3. The City acknowledges its liability for any and all damages caused by GYB and
GGSA and will promptly reimburse the District for such damages.
4. The City acknowledges that the participants of Grapevine Youth Baseball are
boys between the ages of 11-18 years old and participants of the Grapevine Girls
Softball Association are girls between the ages of 13-18 years old.
5. The City agrees to provide adult supervision at all times while GYB and/or
GGSA are using the fields. Such supervision to be age 25 or older.
6. The District understands and agrees that the CHHS property as defined in Exhibit
A and the GHS property defined in Exhibit B include the associated parking area
and the restroom facilities, when not in use by the District. Batting cages are not
included at any time.
7. The City acknowledges and agrees that it will use both competition baseball and
softball fields "as is" and as currently maintained by the District. The District
will not be required to alter its maintenance schedule (see Exhibit D) because of
the City's use. Additionally, the City shall not make any alterations to the
property or attempt to perform maintenance services without prior written
permission of the District.
8. The City acknowledges and agrees that they are to provide all supplies,
equipment, including trash can liners for each game. The City further agrees that
the District will not provide scoreboard controllers and that they will be solely
responsible to purchase controllers, if needed.
9. The City acknowledges and agrees to reimburse the District for any additional
costs as a result of their use as follows; personnel to prepare fields for use
,�. .����.�.�� k.���_, � _. �����.��,�.�„��w.����_ ��o �� _
(chalking, dragging infield, washing dugouts, repairing mounds etc.), electricity
for lights, additional fertilization, clay and or conditioner required to maintain
fields as determined by GCISD beyond what is currently in the maintenance plan,
additional mowing (performed on overtime due to lack of personnel), additional
irrigation and any clean-up required should the City fail to do so at a rate of$30
per hour.
10. This Memorandum of Understanding is in addition to the Interlocal Agreement
for the Park, Playground and other Recreational Facilities, that has been in effect
since 1987.
11. This Memorandum of Understanding shall not be deemed to create a lease or any
other interest in the CHHS or GHS property in favor of the City.
III.
NOTICES
Any notice required to be given under this Memorandum of Understanding shall be
deemed to have been adequately given if deposited in the United States mail in an
envelope with sufficient postage and properly addressed to the other party as follows:
TO GCISD: TO GRAPEVINE:
GCISD City of Grapevine
3051 Ira E. Woods Avenue 200 S. Main Street
Grapevine TX 76051 Grapevine, TX 76051
Attention: Chief Operations Officer Attention: City Manager
A change of address may be made by either party upon giving ten days prior written
notice.
IV.
MISCELLANEOUS PROVISIONS
1. This Memorandum of Understanding is personal to the City and is not assignable
without prior written consent. If that consent is given this Memorandum of
Understanding shall be binding upon and incur to the benefit of the parties hereto
and their respective successors and assigns.
2. The Memorandum of Understanding constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or written or oral
agreements between the parties regarding the subject matter hereof related to
CHHS and/ar GHS competition baseball and softball fields.
3. No amendment, modification or alteration of the terms hereof shall be binding
unless the same is in writing, dated subsequent to the date hereof and duly
executed by the parties.
4. The Memorandum of Understanding may be executed concurrently in one or
mare counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
5. If, in any case one or more of the provisions contained in this Memorandum of
Understanding shall for any reason be held to be invalid, illegal, or unenforceable
in any respect, such invalidity, or unenforceability shall not affect any other
provision hereof and this Memorandum of Understanding shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
6. The obligations and undertakings of each of the parties to this Memorandum of
Understanding are and shall be performable in Tarrant County, Texas.
7. Each party hereto warrants that it has received authority from its governing body
to enter into this Memorandum of Understanding.
EXECUTED this the day of , 2008.
CITY OF GRAPEVINE, TEXAS GCISD
Mayor William D. Tate President, GCISD Board of Trustee
ATTEST: ATTEST:
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City Secretary
City of Grapevine, Texas GCISD
[SEAL} [SEAL]
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged befare me on the day of ,
2008, by , Mayor William D. Tate, City of
Grapevine, far the purpose and consideration therein expressed.
NOTARY PUBLIC INAND FOR THE STATE OF TEXAS
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of ,
2008, by , President, GCISD Board of
Trustee, for the purpose and consideration therein expressed.
NOTARY PUBLIC INAND FOR THE STATE OF TEXAS
EXHIBIT A
Colleyville Heritage High School
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Area includes competition baseball field#6, competition softball field#7,
parking closest to the fields and exterior men's and women's restroom.
(Does not include concession stand or batting cages)
EXHIBIT B
Grapevine Aigh School
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Gti�-CTMS ATHLETIC PLAY[A1G FIELDS
Area includes competition baseball field#9, competition softball field#7,
parking closest to the fields and exterior men's and women's restroom.
(Does not include concession stand ar batting cages)
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EXHIBIT C
Indemnification. Grapevine Youth Baseball ("GYB") and the Grapevine Giles Softball
Association ("GGSA") and its permitted assigns shall defend and indemnify the
Grapevine-Colleyville Independent School District ("District"), its trustees, employees,
agents, and representatives (the "Indemnities") and shall hold them harmless against any
damage, claims, suits, actions, liabilities, loss, penalties, costs and expenses, including,
without limitation, reasonable attorney's fees, arising out of or alleged to have arisen
from (i) the Association's use of the Permitted Area, (ii) a breach of any of the
representations, warranties or obligations of the Memarandum of Understanding between
the City of Grapevine and the District, (iii) any claims (whether founded or unfounded)
of any nature or character (including, without limitation, claims for personal injury,
death, assault and battery, damage to property, right of privacy or any other tangible or
intangible personal or property right) based upon or arising out of the Association's use
of the Permitted Area, or (iv) any actual or alleged negligence or dishonesty of, or any
actual or alleged act of commission or omission by, the Association of any of its �
employees, agents,representatives, invitees,participants or permitted assigns.
EXHIBIT D
GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT
COMPETITION FIELD MAINTENANCE SCHEDULE
Mowing schedule Three times per week
Treat for ants Two times per week
Watering schedule March—October two times per week