06-028 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 06-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE TOWN ADMINISTRATOR OF THE TOWN OF
PROSPER, TEXAS, TO SIGN A LETTER TO THE PROSPER COMMUNITY TENNIS
ASSOCIATION RECOGNIZING THE ASSOCIATION AS A TOWN AUTHORIZED
RECREATION PROVIDER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Town Administrator of the Town of Prosper, Texas, is hereby authorized to sign,
on behalf of the Town Council of the Town of Prosper, Texas, a letter recognizing the Prosper Community
Tennis Association as a Town authorized recreation provider.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28th day of March, 2006.
Charles Niswanger, Mayor
ATTEST TO:
S anae Jennings, own Secreta
March 29, 2006
Mr. John Sauber
Prosper Community Tennis Association
RE: Recreation provider in the Town of Prosper, Texas(the"Town")
Dear Mr. Sauber:
You have advised that the Prosper Community Tennis Association (the
"Association") provides the residents of the Town with opportunities to become involved
in tennis'activities within the Town. You have further advised that the Association is a
not-for-profit entity.
Because the Town desires to provide its residents with the ability to participate in
the activities described in the paragraph above, the Town agrees to temporarily extend to
the Association the ability to schedule such activities at recreational facilities, as
designated by the Town, located within the Town (the "recreational facilities") subject to
the following conditions:
1. the Association is not an agent,partner or representative of the Town. The
Association shall not take any action and/or make any representation or
statement which might reasonably lead third parties to believe that it is an
agent, partner, or representative of Town, or has any authority to act on
behalf of, Town except for the sole purpose of scheduling use of the
Town's recreational facilities. This letter shall not be interpreted or
construed to create an association, agency, joint venture or partnership
between the parties or to impose any liability attributable to such
relationship upon any party; •
2. the Association will cease scheduling use of the recreational facilities
immediately upon Town's demand;
3. the Association must schedule any and all uses allowed by the Town at the
recreational facilities;
4. should the Town disagree with any action, inaction and/or determination
of the Association,the Town's decision on the issue shall prevail;
5. use of the recreational facilities is subject to the Intergovernmental Joint
Use Agreement between the Town and the Prosper Independent School
Districts, dated 12/13/2005; and
6. any other condition required by the Town.
•
Mr. Sauber
Prosper Community Tennis Association
March 29, 2006
Page 2
Should the Association desire to participate in the scheduling of the Town's
recreational facilities as described herein, please have a duly authorized representative of
the Association execute this letter agreement in the space provided below and return to
the undersigned.
Thank you for your interest in tennis in the Town.
Very truly yours,
THE TOWN OF PROSPER, TEXAS
B • I iN iv
Dou Mousel, Town Administrator
AGREED:
THE PROPSER COMMUNITY TENNIS ASSOCIATION
By: ,�` if
Prin Name: T,�,� Z ,u �
Its: 4. -,1,--A cr,
Date: ,3 �i 3 ;a