R96-64 12-17-96RESOLUTION NO. R96-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO A COOPERATIVE AGREEMENT WITH PEARLAND LITTLE LEAGUE
BASEBALL, INC. TO ASSIST THE LEAGUE IN PROVIDING SPORTS
ACTIVITIES FOR THE CHILDREN OF PEARLAND, BY FURNISHING LIGHT
FIXTURES FOR THE PLAYING FIELDS.
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain cooperative agreement by and between the City of
Pearland and Pearland Little League Baseball, Inc., a copy of which is attached hereto
as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
Section 2. That the City Manager is hereby authorized to execute and the
City Secretary to attest the original of the attached agreement for and on behalf of the
City of Pearland, to assist Pearland Little League Baseball, Inc. in providing sports
activities for the children of Pearland, by furnishing light fixtures for the playing fields.
PASSED, APPROVED and ADOPTED this the % day o
A.D., 19 96 .
ATTEST:
YA DA C. BENITEZ
CITY SECRETARY
1
TOM REID
MAYOR
RESOLUTION NO. R96-64
APPROV _D AS TO FORM:
rv_45 c LufF./l
A OT S McCULLOUGH
CITY ATT S RNEY
2
COOPERATIVE AGREEMENT
(EXHIBIT "A" TO RESOLUTION R96-64)
This cooperative agreement is entered into this / ,' day of , 19
by and between the CITY OF PEARLAND, TEXAS, acting through its City Manager,
Paul Grohman ("City"), and PEARLAND LITTLE LEAGUE BASEBALL, INC., a Texas
not-for-profit corporation, acting by and through its President, Howard W. Hosek, Jr.
("League").
WHEREAS, the League provides a valuable service to the children of Pearland by
affording them the opportunity to participate in group sports activities, thereby promoting
positive values such as sportsmanship and fair play; and
WHEREAS, the provision of these services by the League eliminates the necessity for
duplication of said services by the Parks and Recreation Department of the City, thereby
preserving funds which may be allocated to other City projects.
WITNESSETH:
NOW, THEREFORE, in consideration of the foregoing premises and other mutual
consideration and covenants hereinafter set forth, the City and the League agree as
follows:
1. City agrees to provide the League with funds in the amount of Fifteen Thousand
Dollars ($15,000.00) for the purchase and installation of sixty (60) 1650 watt
sports light fixtures on the League's Senior Major Field, Major Field, Minor Field,
and Peewee Field to bring the lighting up to League regulations for tournament
competition.
2. League agrees to provide daily sports activities for Pearland children ages 5-1 5,
annually, during the months of February through June, in accordance with the
Little League Baseball Operating Manual.
3. League agrees to actively pursue the sponsorship of tournament competitions,
annually, during the months of July through August.
4. In providing said sports activities for Pearland children, the League agrees to:
(1) schedule games;
(2) provide coaching, equipment, and uniforms for the players;
(3) provide access to playing fields;
1
(4) make concessions available for participants and spectators; and
(5) provide utilities and maintenance for the playing fields, bleachers, restroom
facilities, and parking areas, including all fixtures and accessories.
5. In the event that the City performs its obligations under this agreement and
thereafter, the League discontinues its services or fails to comply with the
provisions of this agreement for any reason other than fire, explosion, casualty,
accident, natural disaster, or any other act of God that renders its performance
impossible, then this agreement shall be in default. In the event that the League
defaults in its performance, the League agrees to pay the City, as liquidated
damages (but not as a penalty) the fair market value of the light fixtures at date
of default, less depreciation.
6. The City and the League agree that the City's obligations under the terms of this
agreement cease upon the funding of said light fixtures and will not participate in
or be responsible for installation, replacement, or maintenance of said light
fixtures.
7. The City and the League agree that the League, in performing its obligations
hereunder, is acting independently, and the City assumes no responsibilities or
liabilities in connection therewith to third parties.
8. LEAGUE HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES THE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF
WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES,
ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL
INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY
AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY LEAGUE,
ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A
RESULT OF THE INSTALLATION AND/OR MAINTENANCE OF SAID LIGHT
FIXTURES REFERENCED ABOVE, AND WHICH ARE CAUSED IN WHOLE OR IN
PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. LEAGUE SHALL KEEP AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS
FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE
AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR
RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY
PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY
CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN
CONNECTION WITH SUCH LIGHT FIXTURES. IT IS THE EXPRESSED INTENTION
OF BOTH LEAGUE AND THE CITY THAT THE INDEMNITY PROVIDED FOR IN
2
THIS SECTION IS INDEMNITY BY LEAGUE TO INDEMNIFY AND PROTECT THE
CITY FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS WHETHER SUCH
NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT, ACTIVE OR PASSIVE. THE
PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION,
EXPIRATION, OR CANCELLATION OF THIS AGREEMENT.
9. This agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
10. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound.
1 1 . Whenever possible, each provision of this agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this agreement.
1 2. This agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
13. This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
14. To accomplish execution of this agreement, it may be executed in multiple
counterparts.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
ATTEST:
(14—r&
414
Y. ! n.a C. Benitez
City ecretary
PEARLAND LITTLE LEAGUE BASEBALL, INC.
a Texas Not -for -Profit Corporation
By:
President
CITY OF PEARLAND,
a Texas municigT corpora
By:
3
Paul Grohman
City Manager
STATE OF TEXAS
BRAZOR|ACOUNTY
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This instrument was acknowledged before me on this ``, day of
, 19 "� .., by Howard W. Hosek, Jr., President of Pearland Little
League Baseball, Inc. , a Texas not-for-profit corporation, on behalf of said corporation.
48J-|ARC)NPARKS - '
Notary Public, State of Texas
Texas
STATE OF TEXAS
BRAZORIA COUNTY
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My Commission Expires:
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This instrument was acknowledged before me on thia^^-�044"doy of
D4 p '19 /3L , by Paul Grohman, City Manager of the City of Pearland,
a Texas home rule municipality, on behalf of said municipality.
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`°,V— SEPTEMBER 21, 1999
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Notary Public, tate of Texas
My Commission Expires:
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