2010R41 - Schertz Soccer Alliance AgreementRESOLUTION NO. 10-R-41
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDED AND RESTATED PUBLIC FACILITY
LICENSE AGREEMENT WITH SCHERTZ YOUTH SOCCER ALLIANCE, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Schertz (the "City") previously
authorized the City to enter into a Public Facility License Agreement (the "Original Agreement") with
Soccer Association for Youth of San Antonio, Greater Randolph Area Youth Soccer Association, and
SA Lions Futball Inc., relating to utilization of the City's soccer fields at 75 Maske Road;
WHEREAS, Soccer Association for Youth of San Antonio, Greater Randolph Area Youth
Soccer Association, and SA Lions Futball Inc. are in default as to several provisions of the Original
Agreement;
WHEREAS, Schertz Youth Soccer Alliance (the "Soccer Alliance") has been formed as a Texas
non-profit corporation by Soccer Association for Youth of San Antonio, Greater Randolph Area Youth
Soccer Association, and SA Lions Futball Inc.;
WHEREAS, the City desires to amend and restate the Original Agreement in order to ensure that
future contract breaches regarding the City's soccer fields do not occur; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver an
Amended and Restated Public Facility License Agreement with the Soccer Alliance in substantially the
form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the
judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this
Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby
declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject matter of
the public business to be considered at such meeting, including this Resolution, was given, all as
required by Chapter 551, Texas Government Code, as amended.
50326851. I
Section 7. This Resolution shall be in force and effect from and after its final passage, and it
is so resolved.
PASSED AND ADOPTED, this 27th day of July, 2010.
CITY C ERT EXAS
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M or
AT~TEST: /~ ..~
ity Secretary
(CITY SEAL)
50326851.1
EXHIBIT A
AMENDED AND RESTATED PUBLIC FACILITY LICENSE AGREEMENT
See attached
50326851.1 A_ j