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44-06 Resolution RECORD OF RESOLUTIONS Dayton ~_eg~I_Blank, Inc., _ F.~~~__fio: ~OO45 Resolution No. 44-06 ,20 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH COLUMBUS CRICKET CLUB (CCC) WHEREAS, an Agreement has been developed with input from the Columbus Cricket Club (CCC); and WHEREAS, in recognition of the capital investment made by the Columbus Cricket Club, the City shall provide to the CCC a waiver of field use fees for the next three years; and WHEREAS, the City and CCC wish to assure that a successful partnership will bring the many benefits of cricket to the Dublin community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, 7 of the elected members concurring that: Section 1. The City Manager is hereby authorized to enter in the Agreement with the Columbus Cricket Club (CCC) attached hereto as Exhibit "A". Section 2. This Resolution shall take effect and be in force on the earliest date permitted by law. Passed this 1st day of 7tJ{ ,2006 . . Mayor - Presiding Officer ATTEST: ~C!-~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Office of the City Manager 5200 Emerald Parkway - Dublin, Ohio 43017 CITY OF DUBLIN Phone: 614-410-4400 * Fax: 614-410-4490 Memo TO: Members of the Dublin City Council FROM: Jane S. Brautigam, City Manager '\',~ DATE: April 26, 2006 INITIATED BY: Fred Hahn, Director of Parks & Open Space RE: Resolution 44-06 - Columbus Cricket Club Agreement Summary: Attached to Resolution 44-06 is the proposed agreement between the Columbus Cricket Club (CCC) and the City of Dublin for field use at Emerald Fields. This agreement recognizes the capital investment made by the Columbus Cricket Club by waiving the City's field use fees for the next three years. The time frame is reflective of the Club's investment for the construction of the "pitch." The agreement is not renewable. A new contract and Council approval will be required for any subsequent agreements. This agreement is modeled after existing agreements with various soccer organizations. Staff believes this agreement will provide benefit to the community as a whole by supporting another means of recreational diversity within the park system with minimum impact on City resources. - Recommendation: Staff is recommending adoption of Resolution 44-06, authorizing the City Manager to enter into an agreement with the Columbus Cricket Club. EXHIBIT I A DECLARATION OF MUTUAL SUPPORT AND AGREEMENT THIS AGREEMENT, entered into as of this day of , 2006, by and between the City of Dublin (hereinafter referred to as the "City") and the Columbus Cricket Club, Inc. (hereinafter referred to as "CCC"). WHEREAS, the City recognizes the value of recreational activities for the Dublin community, and endorses community organizations that provide these activities; and WHEREAS, CCC is a non-profit community organization in existence to promote the game of cricket to the Dublin community; and WHEREAS, the City and CCC wish to assure that their successful partnership continues to thrive, so that the Dublin community can continue to enjoy the many benefits of cricket provided by community volunteers and professionals; and WHEREAS, CCC recognizes and will adhere to the philosophy that general recreational activities are the City's highest priority for use of playing fields and use should be balanced between the many Dublin youth/adult sports and events "permitted" or otherwise authorized by the City; and WHEREAS, CCC wishes to make a capital investment at Emerald Fields by building a pitch for the primary use of CCC participants. ARTICLE I - OBJECTIVES The Dublin City Council and CCC Board, in reliance on their mutual covenants and agreements herein contained agree to the following objectives: A. To give interested adults in the City of Dublin and Central Ohio the opportunity to participate in cricket programs. B. To surround these programs with such safeguards as to warrant confidence in the integrity and administration of CCc. C. To educate participants in proper moral, mental and physical values so that they may become assets to their community. D. To provide participation opportunities without regard to the race, color, creed, age, or national origin of the player, guardian, coach or official. E. To promote fair play and good sportsmanship in a safe environment so that players may have fun playing the game of cricket. ARTICLE II - RESPONSIBILITIES A. CCC shall accomplish the following: 1. Provide a full range of "non-select"cricket programs for Dublin area adults, regardless of skills and abilities. The administration of "non-select" programs shall be consistent with Page 2 of5 the requirements of the United States of America Cricket Association, while recognizing that recreational adult cricket is its primary objective. 2. Establish and enforce rules and regulations for conduct of its programs, including the conduct of spectators, participants, volunteers and officials. 3. Develop a dispute resolution procedure to be used by participants or others with disagreements regarding the application of these rules and regulations, or the conduct of CCC programs or those of its affiliates. 4. Ensure Board meetings are open to the public, consistent with CCC bylaws. 5. Maintain its non-profit status and assure continued non-profit status of its affiliates, and maintain its membership or sanctioning by the United States of America Cricket Association or other sanctioning body, as may be deemed by the CCC Board to be in the best interest of the organization. 6. Provide its annual statement of accounting activities or tax statement, and those of its affiliates for review/audit by the City, and provide proof of insurance coverage to the City at amounts deemed satisfactory to the City and include the City as an additional insured. 7. Assure compliance with any legal requirements for operation of its programs. 8. Assume all responsibility for the conduct of its employees, agents, officers, officials, volunteers or others in the conduct of its programs and activities. 9. Provide all equipment necessary for its programs, along with marking of fields, and provide coaches, officials and other personnel necessary for its programs and activities, and training for such individuals through use of volunteers, affiliates or contractors. 10. Meet with designated City representatives on an occasional basis to review playing field and park conditions. 11. Comply with and communicate City rules and regulations regarding conduct in City parks during periods of CCC use. 12. Obtain all permits from the City necessary for use of playing fields and support facilities. 13. At the execution of this Agreement and by December 31 st each year thereafter, apply for permits by providing the City the dates and times in the following year it wishes to use Emerald Fields and the general nature of the use (practice, match, tournament, etc.). 14. Consider its season to be June 1 to October 31 each year. 15. Any equipment or capital improvements received through City Bed Tax Funds grants shall become property of the City, and will be used by CCC consistent with the terms of this agreement and other applicable rules and regulations of the City. 16. Construct, at its expense, a pitch at Emerald Fields for primary use by CCC in the offering of its programs. Details of construction shall be coordinated with and approved by the City. The pitch shall become property of the City once constructed. 17. Be organized exclusively for charitable, religious, educational and scientific purposes, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 50 I (c )(7) of the Internal Revenue Code, or corresponding section of any future federal tax code. 18. No part of the net earnings of CCC shall inure to the benefit of, or be distributable to its members, trustees, officers or other private persons, except that CCC shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof. No substantial part of the activities of CCC shall be the carrying on of propaganda, or Page 3 of5 otherwise attempting to influence legislation, and CCC shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaIgn on behalf of or III opposition to any candidate for public office. Notwithstanding any other provision of these articles, CCC shall not carryon any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(7) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170( c )(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. 19. Upon the dissolution of CCC, assets shall be distributed for one or more purposes within the meaning of Section 501 (c )(7) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of CCC is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. 20. Assert that the Club President or Chief Executive will be the final authority for the purpose of clarifying requests and information from within their organization. 21. Respect City decisions regarding field closings (for any reason) and refrain from using them during posted periods. Teams found in violation will be subject to suspension of field use privileges for the remainder of the season. 22. Maintain membership in good standing with the United State Cricket Club Association. The CCC President or Executive Director serves as the official representative and contact to the Association. B. The City shall accomplish the following: 1. Keep CCC informed as to proposed approved capital improvements, which may affect CCC programs, activities, and ability to provide service. 2. Consider the input of CCC for the development of the City's capital improvement program. 3. Consider all CCC applications for permits necessary to secure the use of those playing fields designated by the City for use by CCc. The City may issue permits for supporting facilities. Agreements may be entered into regarding the use of concession stands. 4. Maintain all City playing fields in good playable condition, and meet with CCC representatives occasionally to jointly review field conditions, scheduled uses and mutual needs. 5. In recognition of CCC's capital improvement contribution, waive all fees associated with the use of City playing fields permitted for use by CCc. CCC may not sub-lease any City facility without the City's permission. The City reserves the right to charge fee(s) for subleases permitted by the City and for services provided by the City. 6. Enforce the terms of this Agreement. ARTICLE III - SELECT CRICKET CCC will not engage in select cricket programs. "Select" cricket programs are those programs in which players are permitted or denied participation based upon an evaluation of the participants' Page 4 of5 cricket skills. ARTICLE IV - YOUTH CRICKET CCC has expressed interest in developing a youth cricket club and offering youth clinics. CCC and the City will agree upon the conditions and terms of such offerings at a future date. Such conditions and terms shall be considered by City of Dublin and be incorporated as an amendment to this Agreement. ARTICLE V - TOURNAMENTS, CAMPS/CLINICS, SPECIAL EVENTS CCC will present any and all tournaments and camps/clinics or other special events to be conducted on City property to the City of Dublin for review and approval. CCC must have the permission of the City of Dublin prior to committing to any such activity/event to be conducted on City facilities. ARTICLE VI - TERMS AND INTERPRETATION The initial term of this Agreement shall be for three (3) years. The parties may terminate this Agreement upon providing at least six months' prior notice to the other. Should any part of the Agreement be declared invalid, any remaining portion shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated. Failure of either party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of such provision or in any way offset the validity of the Agreement or any part thereof or the right of such party to thereafter enforce each and every provision of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Nothing contained in this Agreement, expressed or implied, is intended to confer, or shall confer, upon any individual or organization any rights or remedies under or by reason of this Agreement. ARTICLE VII - AMENDMENTS It is understood and agreed that this Agreement may not be changed, modified, or altered except by an instrument, in writing, signed in accordance with the laws of the State of Ohio. This contract may not be assigned or changed, modified, or altered except by an instrument, in writing, mutually agreed to and signed by all parties. Nothing in this Agreement shall be construed to constitute the relationship between CCC and Dublin as a partnership, association, or joint venture. ARTICLE VIII - GOVERNANCE This Agreement shall be governed by the laws of the State of Ohio. Any legal action regarding this agreement or the rights of the parties shall be brought in a court of competent jurisdiction in Franklin County, Ohio. Page50f5 Each party warrants that it has complied with any legal requirements necessary for it to be bound by this agreement and its terms, and that the other may justifiably rely on its terms. ARTICLE IX - INSURANCE CCC shall be responsible for its own protection/insurance from claims for auto, claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting there from, and any other insurance prescribed by laws, rules, regulations, ordinances, codes, or orders. CCC shall provide proof of insurance to the City of Dublin and name the City as an additional insured. Such coverages shall be at limits agreeable to the City. ARTICLE X - INDEMNIFICATION CCC agrees to indemnify, protect and hold harmless the City of Dublin and its elected officials, officers, employees, and volunteers, from and against any claims, costs (including reasonable attorney's fees and court costs), expenses, damages, liabilities, losses or judgments to the extent directly arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained as a direct consequence of CCC's provision of activities described in this agreement. CCC agrees that it shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the City or any of its elected officials, officers, employees, or volunteers. IN WITNESS THEREOF, the parties hereto have executed this Agreement in triplicate originals on the day and year here above written. THE CITY OF DUBLIN COLUMBUS CRICKET CLUB, INC. By: By: Jane S. Brautigam Abhijeet Deshpande City Manager President Approved as to form: By: Stephen J. Smith Law Director