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1998-02-16City of Southlake, Texas MEMORANDUM February 13, 1998 TO: Southlake Parks Development Corporation Board of Directors FROM: Curtis E. Hawk, City Manager SUBJECT: Board Meeting -- February 16, 1998 The Board of Directors of the Southlake Parks Development Corporation will meet on Monday, February 16 at 6:00 p.m. in the Council Chamber at City Hall. The following items will be addressed at the meeting: Executive Session - As has become our practice, we will begin the meeting with a brief Executive Session to discuss the status of land acquisition. Note that this agenda contains a few "consent agenda" items. The items placed on the consent agenda are those considered to be routine by the staff, including those for which a specific staff recommendation is being forwarded to you. You may pull any item from the consent agenda if you feel deliberation is needed. The consent agenda includes the following: Approval of the January 19, 1998 Meeting Minutes - If you have suggested corrections you may wish to notify Kim Bush (ext. 702). She will be happy to make the changes prior to the meeting and bring corrected copies to the Board for approval on consent agenda. Award of Contract to replace fences for Bicentennial Park Ballfields Nos. 4 and 5. SPDC and City Council recently authorized staff to begin the process of replacing fencing for fields #4 and #5 at Bicentennial Park. You will recall that the new fencing will replace the temporary fencing installed three years ago, and funds were approved in your budget for this item. This has been placed on your agenda for approval, even though the low quote of $14,770 does not exceed the $15,000 state threshold for competitive bidding (requiring the governing body to award the bid), because the actual installed costs may end up exceeding the threshold slightly. We felt more comfortable proceeding on this contract with your blessing. Authorize the Mayor to enter into a lease agreement with the U.S. Army Corps of Engineers for land adjacent to Bob Jones Park. We have discussed this with the Corps of Engineers for many years. COE representatives followed our master planning process and worked closely with the staff throughout. We are pleased that we are finally at this point. The memo from Kevin Hugman points out the highlights. The city attorney has reviewed the lease agreement and provided us comments late Friday afternoon. We will attempt to have all issues resolved prior to Council's consideration of the lease on Tuesday evening. Koalaty Park Master Plan. As you know, Park Planning and Construction Superintendent Ben Henry has been working on master plans for all of our neighborhood parks. On Monday evening, the Park Board approved the plans for Koalaty Park (located adjacent to Carroll Elementary). The ultimate development of this park will be achieved through SPDC funding; thus, staff is bringing this master plan to you for your review. Note that the plan approved by the Park Board was provided to the adjacent property owners, some of whom participated in the Park Board's meeting. One of the recommendations of the neighborhood participants was the development of a berm between our property line and the creek. This concept raises a number of questions you should consider as you deliberate on this plan. Keep in mind that the plan includes a trail which is supposed to meander around the park proper and through the school's property. The development of a berm between the fields and the creek forces us to carefully consider the placement of the trail. Would we place it between the berm and the creek? This approach raises some safety questions to staff because this would result in trail users walking, rollerblading, etc. in a somewhat secluded area. Placing the trail on the non - creek side of the berm limits the enjoyment of the natural amenities of the park by the trail user. A few homeowners were present at the Park Board meeting to oppose placement of the trail near the creek (on the creek side of the berm) because of concerns about trail users wandering into their yards, trash, etc. Other issues related to this master plan include parking, the relocation of restrooms, a barrier between Village Green Drive and the ballfields, etc. Please refer to the minutes of the February 9 Park Board meeting for a summary of the issues discussed by the Board. Financial Report/Budget - Your packet contains the financial report and budget information through January 1998. There are a few items in the report worth noting. Page 1, line 13, column F has been updated to reflect reimbursements we received on some pre-paids required when we sold the bonds. We also moved $1,500 for an appraisal from page 1, line 21, column F into the section for Bicentennial Park. A correction was made on page 1, line 22, column F. The cost of Bob Jones lots was incorrectly represented in your last report. Note that our expenditures to date are substantially less than previously reported. Finally, the reserve for unanticipated projects has been debited to reflect the additional cost for the CMS parking lot. Please call Lou Ann Heath (x 716) with questions. Status Report of SPDC Projects - Your packet also contains the status report. Please take a moment to review it prior to the meeting. Staff will be prepared to answer any questions you may have. Audobon Society Signature Program. Parks Planning and Construction Superintendent Ben Henry has been looking into this program offered by the Audobon Society. The program is "designed for landowners dedicated to developing, incorporating and implementing appropriate environmental decisions in the design, construction, and management of proposed developments." They have implemented this program for schools, corporate and business properties, and golf courses. Since a large portion of Bob Jones Park is envisioned to be a natural, passive park, we think this program may offer us some valuable design input, and perhaps some monetary assistance, such as grants. We had intended to discuss this item with the Park Board at their February 9 meeting, but the Bob Jones Master Plan item was tabled due to their long agenda that night. We still have a number of questions regarding the program, and hope to discuss these with representatives of the Audobon Society, Texas Parks and Wildlife, and other participants. The City of Arlington is participating in this program on a new golf course they are building. Staff intends to contact them next week to learn about their experiences. We mention this to you, because if the Park Board does recommend we pursue this, we will come to you as well for your recommendation. Thank you for your service on the SPDC to seeing you on the 16th. CEH . 9- We appreciate the time you commit, and look forward City of Southlake, Texas MEMORANDUM U ti February 13, 1998 1�Uv�' TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Authorize City Manager to enter into contract to replace fences on Bicentennial Park, Fields #4 and #5 As you recall, SPDC budgeted replacement fences for ballfields #4 and #5 for fiscal year 1997-98. The new fencing will replace the temporary fencing installed three years ago and will bring the fencing up to the standards of the other field fences. We have received quotes from three companies and recommend accepting the quote by American National Fence for $14,770. This quote includes replacement of the fences and installation of concrete pads in the dugouts. American National Fence has considerable experience in ballfield fence construction, including the Hurst ballfield complex on Pipeline Road, the Texas Star complex in Euless, and the Grapevine High School baseball fields. Ben Henry, Parks Planning and Construction Superintendent, has also recommended moving the fences in about three (3) feet from the outfield on each field. This will allow a pathway between the fields to create easier access for maintenance since the existing fences abut each other. Ben has discussed this with Jim Thomas, Southlake Baseball Association President, and he has agreed with this plan. SPDC will consider this item on their Monday, February 16 meeting. Staff recommends the acceptance of the quote from American National Fence for $14,770, which is within the budgeted amount of $16,805. We request you place this item on the February 16 SPDC agenda and the February 17 City Council agenda for consideration. Please contact me or Ben Henry if you have any further questions. GAY Attachment: Quote from American National Fence, Proposal #98006 S-1 AMERICAN NATIONAL FENCE Proposal # 98006 P. O. BOX 210577 BEDFORD, TEXAS 76095-7577 817-868-0079 Date: 01-26-98 Pf<"Saa S*bff+itted To Work To Be Performed At Name: City of Southlake Street: Baseball Fields Street: 400 N. White Chapel City: Same City: Southlake, Texas 76092 Telephone: 817-481-5581 Work/Fax: 817- Same We hereby propose to furnish the materials and perform the tabor necessary for the completion of: See attached sheet for details to proposal All material is guaranteed to be as specified, and the above work to be pedommed in accordance with the drawing and specifications :.., submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ( $ 14, 770 = ) with payments to be made as follows: Deposit ( $ 00.00 ) to start - Balance ( $ Ho 770 a') on completion. * Any alteration or deviation from above speci ficatione involving extra costs will be executed only upon written orderand will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond our control. Any late payment 10 days from invoice date will be assessed a 1.5% late charge. All material is considered removable for nonpayment according to terms. The fence shall follow the contour of the ground unless specified below. (1) Fence shall follow contour of the ground: (Qustomer Signature) (2) Fence shall be installed as follows: Date: 18 X (Customer Signature) Respectfully Submitted by: HENRY HINOJOZA American National Fence warrants its workmanship, for. a period of 't year from completion date. Paint on ornamental iron is warranted for a period of 1 year from completion date. This warranty is not valid against natural disasters, or Acts of God t)eyond the control of American National Fence. : * Rock Removal: Purchaser is responsible for rental of required equipment it needed to facilitate removal of rock and/or a minimum of $15.00 per hole extra charge. Purchaser assumes responsibility for establishing lines and stakes. If surface evidence does not indicate such lines or stakes no responsibility is assumed by American National Fence. Purchaser shall furnish location of and be responsible for accidental damage to any underground wires, pipes, sewers, conduits, or restrictions of any nature which might interfere with installation. Purchaser shall obtain and pay for permits required by governmental entities. -Acceptance Of Contract The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work ds specified. Payment will be made as outlined above. This contract may be withdrawn by American National Fence if not accepted within 30 days. Signature: Date: sa City of Southlake, Texas 4' tall fence: All 4' tall fencing will be constructed utilizing galvanized 9 gauge, 2" mesh. The top rail will be 1 5/8" schedule 40 galvanized pipe. The line Posts will be 2" schedule 40 galvanized pipe set in 12 x 30" piers. The comer/gate posts will be 2.5" schedule 40 galvanized pipe also set in 12 x 30" piers. All posts receive caps. A bottom tension wire will be secured to each post and to the chain link wire. 6' tall fence: All 6' tall fencing will be constructed utilizing galvanized 9 gauge, 2" mesh. The top rail will be 1 5/8" schedule 40 galvanized pipe. The line posts will be 2" schedule 40 galvanized pipe set in 12 x 30" piers. The . corner/gate posts will be 2.5" schedule 40 galvanized pipe also set in 12 x 30" piers. All posts receive caps. A bottom tension wire will be secured to each post and to the chain link wire. S' tall fence: All 8' tall fencing VObe constructed utilizing galvanized 9 gauge, 2" mesh. The top rail wW be 1 5/8" schedule 40 galvanized pipe. The line posts will be 2" schedule 40 galvanized pipe set in 12 x 30" piers. The Y corner/gate posts will be 2.5" schedule 40 galvanized pipe also set in 12 x �6" piers. All posts receive caps. A bottom tension wire will be secured to each post and to the chain link wire. 12' tall fence: All 12' tall fencing will be constructed utilizing galvanized 9 gauge, 2" mesh. The top, middle and bottom rails will be 1 5/8" schedule 40 galvanized pipe. All posts will be3" schedule 40 galvanized pipe set in 12 x 36" piers. All posts receive caps. Concrete: All four dugouts shall receive a 8' x 29 concrete slab, consisting of 4" thick, 3,000 psi concrete. It will be reinforced with #3 rebar on 18" centers in both directions. Dugout fence posts will be set inside the slab. Fk" Field 94 will receive approximately 410' of 4' fence, 66' of 6' fence, 92' of 8' fence, 26' of 12' fence, two 6' tall by 3' wide gates (for dugout access), one 4' by T wide double swingy gate, and two 8' x 20' concrete dugout pads Your total price for the removafof cxis'ting fencing and replacement of the above described ..................... ....._.S 7 0/6 � Field #5 will receive approximately 397 of 4' fence, 66' of 6' fence, 92' of 8' fence, 26' of 12' fence, two 6' tall by Y wide gates (for dugout access), one 4' by 8' wide double swing gate, and two 8' x 20' concrete dugout pads. Your total price for the removal of existing fencing and replacement of the above described ............................... .S 7 2 :Z/, O Your Total Price For Both Fields .......... _...................—14 77 O — c� These prices are based on my estimated field measurements. Unit prices below prevail over lump sum total. We will measure the installing fencing upon completion, with you present, and will bill you accordingly. 4' tall ........................ — F 6' tall .� ...$ 4� r (oBZ�.ZZ .........................................................I 32FT g _15 �s rT 19961.8? 8' tall .............................. �� t I ?3 rr 2otob. 32- ........................................... . 12' tal l ...................................................................`,�.F?"S 32.+ F 7 . = i co 8� .1 Concrete per sq. ft......................................�Z...Q.f�.$ yea sal �= Z City of Southlake, Texas INIEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Authorize the Mayor to enter into a lease agreement with the US Army Corps of Engineers for land adjacent to Bob Jones Park As you are aware, part of the master plans for Bob Jones Park included the use of the adjacent Corps of Engineers land. We have been pursuing a long term lease agreement with them and have received their agreement this week. The major points of the agreement are: • Term of 25 years, commencing on January 20, 1998. • The City will submit an annual Plan of Operation and Maintenance, including development and management of the leased property. • Structures may be built on the leased property with approval of the District Engineer. The lease agreement with the Corps is one of the major steps in completing the requirements of the Texas Parks and Wildlife grant for Bob Jones park. The City Attorney is reviewing the lease agreement and should have her review completed by Tuesday's City Council meeting. SPDC will consider this item on their Monday, February 16 meeting. We request you place this item on the February 16 SPDC agenda and the February 17 City Council agenda for consideration. Please contact me or Ben Henry if you have any further questions. Attachment: Department of the Army Lease, Walnut Grove Park 4�—/ NO. DACW63-98-1-0553 DEPARTMENT OF THE ARMY LEASE TO NON -STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES WALNUT GROVE PARK GRAPEVINE LAKE TARRANT COUNTY, TEXAS THIS LEASE is made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and the City of Southlake, Texas, hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibits A, B, C, D and E attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of 25 years, beginning January 20, 1998 and ending January 19, 2023. 2. CONSIDERATION The consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee, to City of Southlake, ATTN: Park Planning and Construction Superintendent, 667 North Carroll Avenue, Southlake, TX 76092; and, if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division, CESWF-RE-M, PO Box 17300, Fort Worth, TX 76102-0300, cr as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," "said officer" or "Lessor" shall include their duly authorized representatives. Any reference to "Lessee" shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives. 5. DEVELOPMENT PLANS The Lessee shall be guided by an annual Plan of Operation and Maintenance in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit F which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than 20 January of each year the Lessee will submit the annual Plan to be mutually agreed on between the Lessee and the District Engineer. Such annual Plan shall include but is not limited to the following: a. Plans for management, maintenance and development activities to be,..:undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. C. Report on any significant modification of policies or ,ON procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. g. Annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Rehabilitations Act and the Americans with Disabilities Act, as required in the condition on NON- DISCRIMINATION, noting any deficiencies and providing a schedule for correction. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer. During the term of the lease, the District -Engineer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURES AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, no structures may be erected or altered upon the premises unless and until the type of use, des,gn, and proposed location or alteration thereof shall have been approved in writing by the District Engineer. The District Engineer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. 6-Y 7. APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. The Lessee will also provide a statement of compliance with the Rehabilitations Act and the Americans with Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. 8. CONDITION OF PREMISES a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. b. As of the date of this lease, an inventory and condition report of all personal property and improvements of the United States included in this lease shall be made by the District Engineer and the Lessee to reflect the condition of said property and improvements. A copy of said report is attached hereto as Exhibit G and made a part hereof. Upon the expiration, revocation, or termination of this lease, another inventory and condition report shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed. Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY. � -S 9. FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub -lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub -lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS, ASSIGNMENTS, SUBLEASES a. Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 11. FEES Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub -lessees for use of facilities developed in whole or part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. f 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the District Engineer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the District Engineer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub -lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit. 13. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the District Engineer, or, at the election of the District Engineer, reimbursement may be made therefor by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer. 14. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with 6-/ Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 15. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee. 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self -insured, and its sub -lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable i and consistent with sound business practices or a minimum Combined Single Limit of $1,000,000.00, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub -lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies, or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance. The District Engineer shall have the right to review and revise the amount of minimum liability insurance required. b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the WIN District Engineer be given thirty (30) days notice of any cancellation or change in such insurance. C. In the event the Lessee is self -insured, the Lessee shall certify such self-insurance in writing in the minimum amount specified above to the District Engineer. The Lessee's insurance status shall not eliminate the requirement for its sub- lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The District Engineer may require closure of any or all of the premises during any period for which the Lessee and/or its sub -lessees and concessionaires do not have the required insurance coverage. 17. RESTORATION On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the Lessee.shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefor, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this lease in restoring the premises. 18. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted -on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans MjV with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directives 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, sub -lessees and assignees. 19. SUBJECT TO EASEMENTS This lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer. 20. SUBJECT TO MINERAL INTERESTS This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local"laws. 21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and/or any sub -lessees or licensees are Irm charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by I the District Engineer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non-compliance, or fails to obtain correction of deficiencies by sub -lessees or licensees. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non-compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessees past performance and compliance with the lease terms. b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES. 22. HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility for ensuring that any sub -lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non- compliance, the District Engineer, upon discovery of any hazardous conditions on the premises that presents an immediate threat to health and/or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not Corrected within the time specified, the District Engineer will have the option to: (1) correct the hazardous conditions and collect the cost of repairs from the Lessee; or, (2) revoke the lease. The Lessee and its assignees or sub -lessees shall have no claim for damages against the United States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 23. PUBLIC USE No attempt shall be made by the Lessee, lessees or concessionaires, or any of its sub - to forbid the full use by the public of the premises and of the water areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public. 24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which is illegal, or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special use permits issued in conjunction f with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District Engineer. C. In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense, or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises in those facilities where such service is customarily found. Bar facilities will only be permitted if offered in connection with other a roved activities. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOUi2CES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the remi except as may be authorized under andant P ses, Plan described in the Condition on DEVELOPMENT PLANSto herein. The Lessee may g in. The y salvage fallen or dead timber; however, no commercial use shall be made of such timber. the Lessee when in the wa Except for timber salvaged by other facilities, all salesOfcforestnstruCtion ProductsImprovements or by the United States and the proceeds there ill be conducted available to the Lessee under the Provisions of this lease. 26. DISPUTES CLAUSE a• Except as provided in the (41 U.S.C. Contract Disputes Act of 1978 601-613) (the Act) es relating to this lease shall bearesolved ll tunderlsing this under or the provisions of the Act. clause and b• "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking,right the payment of money in a sum certain, the adjustment matteof of right, interpretation of lease terms, or other relief arising relating to this lease. A claim arising under this lease, u lor i a claim relating to that lease, is a claim that can be resolved unlike under a lease clause that olved Lessee. However Provides for the relief sought by the a written demand or written assertion by the Lessee seeking the payment of money exceedin000 claim under the Act until certified as redlby,s b aS not a requir c • (2 ) below. p ragraph C. (1) A claim b be submitted to the District tEngineer he efor aalwrittede in writing and claim by the Government against the Lessee shall becisionsubject A written decision by the District Engineer. ect to a (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and (iii) The amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. (3) If the Lessee is an individual, the certificate shall be executed by that individual. If the Lessee is not an individual, the certification shall be executed by: (i) A senior company official in charge at the Lessee's location involved; or (ii) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs. d. For Lessee claims of $100,000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee -certified claims over $100,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The District Engineer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the District Engineer or a claim b the Lessee, the arties y the Government is presented to p , by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount shall be accompanied by the certificate described in paragraph c•(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. p 9. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the District Engineer received the claim (properly certified if required) (2) the date payment otherwise would be due, if that date is, or later, until the date of payment. Simple interest on claims shall be paid at tfie rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the District Engineer receives the claim, and then at the rate applicable for each 6-month period as fixed b the Treasury Secretary during the pendency of the claim. y h• The Lessee shall proceed diligently with the pending final resolution of an Performance Of the lease, claim, appeal, or action arisingY request for relief, any decision of the District Engineerr the lease and comply with 27. ENVIRONMENTAL PROTECTION a• Within the limits of their respective legal powers t Parties to this lease shall he Of its air, protect the project against ground, and water. The Lessee shall comply pollution with any laws, regulations, conditions or instructionpromptly the activity hereby authorized, if and when issued b s affecting Environmental Protection Agency, or an Y the interstate or local Y Federal, state, abate or governmentlu al agency having jurisdiction to xic or hazardous pmaterialslwithin then. leased disposal of an ased area is specifically prohibited. Such regulations effect or prescribed b , conditions, or instructions in any Federal state y the Environmental Protection Agency, any, interstate or local g Y. or hereby made a condition of this lease. government Less ental agency, are all sanitation facilities on boats moored hatLthe ee shall require facilities, including rental boats, to be sealed against s discharge into the lake. Services for waste disposal,any sewage pump -out of watercraft, shall be including appropriate. The Lessee shall not discharge1wasteyorhefflunte Lessee as from the premises in such a manner that the discharge contaminate streams or other bodies of water or went g will a public nuisance. otherwise become b• The Lessee will use all reasonable means availab protect the environment and natural resources le to nonetheless occurs from the lessee's activities, thehLesseeere shall ll be liable to restore the damaged resources. sha C. The Lessee must obtain a District Engineer before an pproval in writing from the Y Pesticides or herbicides are applied to the premises. 28• PRELIMINARY ASSESSMENT SCREENING A Preliminary Assessment Screenin known history of the propertyg (PAS) documenting or disposal of hazardous substancesrthereonog release .the stora eg the is attached hereto ' and made a part hereof as Exhibit H. or a termination of this Upon ex lease, another PAS shall belpreparedcation which Will document the environmental condition of the time, p Property A comparison of the two assessments will assist at that District Engineer in determin. Che requirements. Ang any environmental restoration y such requirements will be completed by the lessee in accordance with the condition on RE STORATION. 29• HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or to be removed or disturbed, an architectural or other cultural artifactsl,rerchaeologicalremains, or historical, objects of antiquity. In the event such items are di the premises, the Lessee shall immediatelynotify hdiscovered on Engineer and protect the site and the material f omfurtherit disturbance until the District Engineer they Proceed. gives clearance to 30. SOIL AND WATER CONSERVATION The Lessee shall maintain in nner District Engineer, all soil and wateraconservationstr that ma Satisfactory to the y be in existence upon said structures or that may be constructed b premises at the beginning of, lease, and the Lessee shall takeeaLessee during the term of, or control soil erosion within the premises. measures to this rosion occurring outside the Premises. Prevent Premises resulting from tthe activy soil ities of the Lessee shall be corrected by the Lessee as directed by the District Engineer. 31. TRANSIENT USE a• Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer thirty (30) days duringg than prohibited, any sixty (60) consecutive day period is The Lessee will maintain a ledger and reservation system for the use of any such campsites. b• Occupying any lands, buildings,.vessels or other facilities within the full- Premises for the purpose of maintaining a or part-time residence is prohibited, except for emplo ees Y 4� 16 residing on the the District En premises for security Engineer. Purposes, if authorized by 32• COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no been employed or retained to soliccitsor seon or selling agreement or g agency has understanding for a commissionure this lease u brokerage, or contingent feeUpon an bona fide established commee, excepting percentage, bona fide employees or by the Lessee for the selling agencies maintained r breach or violation of Purpose of securing business. g annul thissleaseawarranty, United States shall oha e the right to discretion without liabilitye the to require the Lessee to °r' in its lease rental or consideration pay' u addition to the commission, � the full amount of percentage, brokerage,such or contingent fee. 33. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Commissioner shall Congress or Resident or mi an be admitted to an Y benefits to arise therefrom share or part of this lease contained shall be construed to However extend to nothing herein company if the lease be for the general benefitnof incorporated COmpanY• such corporation or 34. MODIFICATIONS This lease contains the hereto, and no modification of consenttire agreement between the consent hereunder agreement, Parties signed b shall be valid unless the same beainewrit n Y the parties to be bound or b representative; and this l a duly g' well as all other conditionsvof1thishall a Y authorized PPlY to this clause as s lease. 35. DISCLAIMER This lease is effective only United States in Y insofar as the rights obtain such the premises are concerned; of the permission as may be re and the Lessee shall existing rights. It requiredon account of an lease does not eliItisminatun erstood that the Y other Department of the Arm granting y this necessity of obtaining any Y permit which may be required pursuant to the provisions of Section March 1899 (30 Stat. 10 of the Rivers and Harbors Act of the Clean Water Act 1151; 33 U.S.C. 3 (33 U.S• § 403), or Section 404 of U.S.C. § 1344). 36. MAINTENANCE OF EXISTING EQUESTRIAN TRAIL The premises contains trail. The trail an existing natural surface e lessee shall be managed and maintained as is equestrian to the satisfaction in the structure of the District Engineer. y the Procedures of management, operation Any changes the trail requires written pro maintenance District Engineer. approval from the 37• APPROVAL OF DEVELOPMENT AND STRUCTURES The development Plan, attached and structures hereto, are a suggested in the Development review and approval, b PProved in concept only of any construction y the District Y and require Engineer prior to initiation as set forth in paragraph 6 above. 38. NOTICE Lessee is on NOTICE the premises contains dumps sites: the following trash a• Site 1, 200' creek, (90 feet long)west of monument C221-5 bottles, � contains refrigerator, on small dry lawnmower and other assorted trash. b• Site 2, 50' east of monument tires. C254-1 and contains 4 C. Site 3, 600' car seats, east of monument C254-1 bricks, wood, cans and other assortedcontains. tires, rash. d• Site 4, 700' contains concrete east of monument C254-1, (75' similar and roofing material, x 30 ) Piles of similar brick, barrels. material noted 100' Two east of site 4. e• Site 5, 800' east of monument C254-1, s contains 30 tires. f• Site 6, 220' north of site 7, contains 30 tires. g. Site 7, 660, feet southwest of C254-5, contains 50 tires and a 55 gallon barrel of glass. IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this day of , Hyla J. Head Chief, Real Estate Division THIS LEASE is also executed by the Lessee this day of City of Southlake (Title) G -/9 I, herein; that CERTIFICATE , certify that I am the of the City of Southlake, named as a lessee who signed this lease on behalf of the City of Southlake was then of the City of Southlake; and that said lease was duly signed for and in behalf of said Authority of its governing body and is within the scope of its powers. Date City of Southlake lr� / � � i3i i a nv 3NV_1 3N I A3,dVa 9 II7I53 111,31 NO, Si A I Q N831S 3MH -1 riOS _::3NfON3 ID: "b4slo wilifom 18oz! 3�1 zfo 30!40 Ov 2-1 10 IN3nIilvd30 LNOI-IVZII 11 0, IN3kN 93S .133HS NotiviriNIMOD! I Yd 399? yr—, Z-.W,-rm �7 j-2 rT__ V 119IM 7-vsodoud asvau INT2111HOD NTI VadV A 3 1 6 - S I N 3 IN -, 3 S 00 h, I S I^ A r IE r C 9 S -r t, I C) G F 'Fill 8 r�—S— N n\, s b!* S lz 6 3 1 H S s aN 1 1 S d IN 0 o()Fz r D q 162 _T— e A C. 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Muller Councilmembers: 'Mayne Moffat avid A. Harris ary Fawks Scott F. Martin ity Manager: Curtis E. Hawk ssistant City Manager: hana K. Yelvenon �etary: L. LeGrand City of Southlake January 14, 1998 Hyla J. Head Chief, Real Estate Division Department of the Army Fort Worth District, Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 RE: City of Southlake Request for lease, Walnut Grove Park, Grapevine Lake, Tx. Dear Ms. Head: Thank you for the prompt attention you have given to the Request for Lease made by the City of Southlake for a portion of Walnut Grove Park (218 acres, see exhibit `A'). Your letter of January 8, 1998, identified several items in which to respond. Please accept this letter and attached exhibits that coincide with the format of your request. a. Plan of Operation and Development Development of the lease area is limited to partial overlapping of two unlighted practice ballfields, an amphitheater, pavilion and day camp facilities, hard and soft trails, a loop road with minimal parking, and improved equestrian trails. (See attached Exhibit `B' approved budget plan for Phase I, 1998 and II, 1999) Years three through five will address the remaining master plan elements of a Nature Center and additional trails when funding is available. The priority will be dependent on public emphasis and/or successful grant requests. Operation of the expanded park land and facilities will be funded annually by the City of Southlake. The Department of Public Safety is prepared to fund additional security and emergency personnel to manage the expanded facilities. Southlake proposes to operate the park from dawn to dusk and close access after dark. b. Annual Management Plan Maintenance of the lease area will follow the same standards as Bicentennial Park for practice field maintenance, routine mowing and litter control. EXHIBIT F 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 488-5097 The seasonal growth of grass will effect any schedule. However, the high use areas of the practice fields and amphitheater will be mowed bi- weekly. The areas adjoining trails will be kept slightly higher but not to exceed six -inches. A 5-foot to 10-foot strip adjacent to the trails will be mowed and maintained weekly. Litter collection will be made twice per week with sufficient litter barrels strategically placed throughout the park. If litter becomes a problem, we will increase the frequency of collection to whatever level is necessary to maintain a positive appearance. The open areas within the park will be maintained as natural to promote the appreciation of native grasses. (See attached Exhibit `C' budget for operations and personnel FY 1997-98 approved Parks and Recreation Budget) C. Proof of self-insurance or liability (See attached Exhibit `D' T.M.L. Declaration of Coverage - Page 1,2) Development of this project will be financed by our City's half cent sales tax for parks and recreation and a $500,000 grant from Texas Parks and Wildlife Department. The City of Southlake will continue to provide the equipment, manpower and financial resources needed to further the operations and development of Bob Jones Park and the described as attached portion of Walnut Grove Park as funded annually by general funds (ad valorum taxes). Any questions about this response should be directed to Ben Henry, Park Planning and Construction Superintendent, at (817) 481-5581 ext. 848. Thank you for your consideration of this response. Sincerely, Ben Henry Park Planning and Construction Superintendent cc: Curtis E. Hawk, City Manager Kim Lenoir, Director Parks and Recreation 4�� -c;7,7 9M-99Z(419) ar>>x 9890-9" (419) T T 09L SYM 'nW_-)NnHV OCZ 3.Ur1S QAIS VVPM -3 I091 S3,LdI00SSd QHd KdH,Ld;[HO Z661 'a38w3AON SM:31 'kmoo lNvuudi 3X'V'IHinOS d0 kLIO 3Hl S3aoV 82 kl3iVWIXOUddV IiIS NHVd a]SOdOdd ]Oy�IUOd ISd31 aISOdOUd M., ilSIHXI 11 009 • u:>ul t c 1333 NJ 1 068 00► OOZ 0 3Td�S �lHdbciJ S ,7 II � Z 3� O 00,9 £b$ Q _ y N ,00.OSZ W 0 N 3Nll A2iVONf108 1SV3 C ; 0 NUVd 03SOdO8d r Ob'ObS I,' 09'tB£t 3.0o,S1-88S3.00,99.68S 00•££Z 1Sv3 ISV3 N O ZO O = r 6 p4 5•��S tt�6�� pp � ° 00 5�' • "X`• o o � x 00 of a •p�� 5 S ,n • 'l7 ^� .� OC, pp Np�yO z a 4 3; SS .68S ,00•eZZ j 80d C�s 00 r ,OL'610t I 3.00,SS.68S x 0 N V1 tD Z O i = CO cp ' t 00 6 Dy!! Z --i 9S m I ,gi'OL I 3.00,OZ.£8N (7 I D m — — r I 0 C r— I Dm II Exhibit B BOB JONES PARK CONSTRUCTION TPWD GRANT - PHASE I and II SPDC Approved Budget Plan nctnhPr ?1 1 QQ7 ITEM -Phase One TPWD Grant Cultural Resource Survey 20,000 Construction Plans 45,500 Site Plan 9,000 Pavilion 85,000 Picnic Tables/Grills (15) 19,250 Soccer fields without Lights (2) 93,000 Hike & Bike Trail 128,000 Fishing Dock Foundation 19,250 Ballfield Practice Fields 19,250 Playground - 50% 96,000 Total Grant/City Expense 534,250 ITEM - Phase Two TPWD Grant Construction Plans 45,500 Picnic Tables/Grills (15) 19,250 Playground - 50% 96,000 Fishing Dock 19,250 Practice Ballfields - remaining 19,250 Lights for Soccer Fields 35,000 Fishing Pond 102,500 Day Camping Facilities 64,000 Amphitheater 64,000 Program Signage 1,000 Total Grant/City Expense 465,750 GRAND TOTAL $1,000,000 � a� f T I W W 2 U) Y O U) W D C) 0 J L1J D W cr- O w LL O m Q }~U ~ Z � U O ti U rrQnn . 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O f0 J o U °> ii U > n U a� w 0 CO 0 U o o 0 O 0 T C) � o o O O O Q o o cn co ca 00 / GO �f0 rn rn rn o rn rn rn � W W 2 C/) Y � O i�: F- C/) Y0) 2 Q' D w w O 0 w LL 0 M Q Z U Z U :D) p LL U U � (D Z � � W a- O a) d w o O i } Z 2 w < g � w q 2 � ® R . / c \ 2 � / S w § CD E : \ Cn \ \ k \ ~ z � ( c U- M Cf \ \u] 2 o CV) o u < e to / < � \ } ƒ ƒ ) \o ] \ w § < § o 2 0 o q{ # o 0 2 « ZA n o a LL ui* # � ) 5 � :9 = » w m / / ( CL 0 q ' > 2 0 § # co : >c 3 2 cn ® ( � } � m ¢ % % ; CN ¢ $ \ � 2 2 E co D \ / b ■ > (D0 « ƒ R = o E G < / a > CL ) `� # E 0 : $ a o .7 k 2 E o U 3 _ % I • e > < w / \ % E 2 / g 0 \ / � . ENTITY. SOUTHLAXE DECLARATIONS OF COVERAGE VERAL LIABILITY Exhibit D Contract No. : 4159-97 LIMITS OF LIABILITY :$ 2,000,000 Each Occurrence SUDDEN EVENTS INVOLVING POLLUTION :$ 2,000,000 Each Occurrence DEDUCTI3LE :$ 4,000,000 Annual Aggregate ANNUAB CONTRIBUTION :$ :$ 2,500 28,444 Each Occurrence EFFECTIVE DATE 10/01/97 PRO-RATA DUE 1 :$ 28,444 ANNIVERSARY DATE: 10/01/98 IT—AW ENFORCEMENT LIABILITY 7.IMITS OF LIABILITY :$ 2,000,000 Each Occurrence :$ 4,000,000 Annual Aggregate DEDUCTIBLE :$ 5,000 Each Occurrence ANNUAL CONTRIBUTION :$ 27,985 EFFECTIVE DATE 10/01/97 PRO-RATA DUE :$ 27,985 ANNIVERSARY DATE: 10/0i/98 ERRORS & OMISSIONS LIABILITY - CLAIMS MADE BASIS LIMITS OF LIABILITY DEDUCTIBLE 'UAL CONTRIBUTION -RATA DUE :$ 2,000,000 Each Wrongful Act :$ 4,000,000 Annual Aggregate :$ 10,000 Deductible Each Wrongful Act :$ 25,612 EFFECTIVE, DATE 10/01/97 :$ 25,612 ANNIVERSARY DATE: 10/01/98 RETROACTIVE DATE: 07/16/90 TOTAL LIABILITY CONTRIBUTIONS TOTAL ANNUAL CONTRIBUTION :$ 82,041 EF. CTIVE DATE 10/01/97 l TOTAL PRO-RATA DUE :$ 82,041 ANNIVERSARY DATE: 10/01/98 COVERAGE IS CONTINUOUS UNTIL CANCELLED. ANNUAL CONTRIBUTIONS ARE SUBJECT TO ADJUSTMENT EACH YEAR ON THE ANNIVERSARY DATE BASED ON UPDATED EXPOSURE INFORMATION AND CHANGES IN RATING. TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISE POOL 10/20/97 PAGE 1 L201 I IITY: SOUTHLAKE Contract No. . 4159-9- DECLARATIONS OF COVERAGE _.MOBILE LIABILITY I :MT_TS OF LIABILITY $2,OCO,000 Each Occurrence ;TO MEDICAL PAYMENT $25,000 Each Person DEDUCTIBLE $2,500 Each Occurrence :',NUAL CONTRIBUTION $23,956 EFFECTIVE DATE 10/01/97 .O-RATA DUE $23,956 ANNIVERSARY DATE: 10/01/98 :v rnz-Jlc:AL DAMAGE _,IMITS OF COVERAGE ACV DUCTIBLE PER VEHICLE: $1,000 ANNUAL CONTRIBUTION $12,351 y-O-RATA DUE $12,351 tUTO CATASTROPHE :OVERAGE NOT SELECTED .AL LIABILITY CONTRIBUTIONS Per Attached Schedule And Endorsements Occurrence Deductible : $10,000 EFFECTIVE DATE : 10/01/97 ANNIVERSARY DATE: 10/01/98 'JTAL ANNUAL CONTRIBUTION $36,307 EFFECTIVE DATE 10/01/97 'AL PRO-RATA DUE $36,307 ANNIVERSARY DATE: 10/01/98 JVERAGE IS CONTINUOUS UNTIL CANCELLED. ANNUAL CONTRIBUTIONS ARE SUBJECT TO D'USTMENT EACH YEAR ON THE ANNIVERSARY DATE BASED ON UPDATED EXPOSURE INFORMATION V CHANGES IN RATING. TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL 0/97 PAGE 2 /� L201 ... -. . v v -I I ':Jl r►�+.JIYi" JL i *�1 04:4 a17 421 2175 11U. U14L r. C P.2 �a:nr-vu-vn oft 401 %44 NV, Ub Iy Y. 1 I ZW? lill VIV AND INSPICTM or CgNgITM op it jgNW Njj ij1n0 pNMATY .6Ttw 1. it eeaa�lr�. IN • ee60gfte tM For" 3143e hr we rnen wrw1M. _. jd4We10111 ehMS Off In vae•lud hr fb1%jCW rtwo el law •" bdidia"I allonw End Main at1Nb bdiah" Mfilfle "111hr1 fAwfwwy N rewilwlr l d 001Mwel► widm111f WM@ Ilene " VA l awn" on Nemwbe 1"elw N I C'ilaM 1 •150TV SATS mm ii A• eW�tT 1.SM� Ilr. �eaas eMs�ee.rcw 30 January 1-198 r, lT• T*Tii Ltaa>ce "14&04 + �e1MlflaU awa �Oet.•lew air 114004OT* 16218 acres of Walnut Grove Park, Grapevine Lake, Texasl. i JOINT At*lf %9*T on Two Cdrelflet OI Two 1gqAftVT a►f. *ae cadae610M. jawly =40 a surrey and in"ac ion of the GoolljNa* d tke room Y mmlaaw "Wm Wee" am" a(im 4te a( ollnep. the caed{tm all de defla Ad Mtola. I ProP�s is es a�..1ws171AI Or T,It !:a•talOw or TWA *AOa*iaff le welea•t0 on Tft ■e•e1Ni ilf1� r*• AT•aew�� aq Two �eMl. w eeAOlTlOwe aai 1a•>,eATe0 On ATTACK" ebe IMr i040a. • t 110MatVws or +wren LiNOs/►epee[ 11AN. TifVe, aw0 Elena M U.e. A09e*AmowT T •iMOtl"aflvn r •� Charles L. Burger ark Manager OUaarlia•1fO .� USAED Fort Wort{ Elm Fork Project, Grapevine Lake lldi to soot -lam IIi . I 3ECE-VEJ T1.��JAY1 , 33. E �;1�.ld +LAX 0444: 817 A21 2175 NU. Ulf_ r• � P.3 �x,'�: c�. lyyo �: in:n t,l;�w�•uu-�x �i 1 01 y[44 Nu. U611y e. Z l�CTIOM tt • Ex?'ERIOR Cti�l01T10N a THE rR0'E�TY tAaf �Iirt�hlNsr.l CAM. es&,»�Nor-*. s re, A11 I'llf alp 61F N1 WIl10Q01 AND GO*" fbe&m" .lwr.hIfIMw OW d&W j ' I •elrclwo I )J r I I�wu, Mwees>tr. �sse. •+lo sssarM►.0 I I �� AND "IvoliAro AJ/ ' ca�Nf .� OVf fYl`OIMOfi I '� t �JIA tN1�fiMCf�. E�atr rOe10 clpY payees f JJ/ v1 ■coax. (Iwcbw a.etlew4 er r��wrhrf .. wry Iw w as fneft SOL �Ir�► .mac, I/ i i s"cCE'VES N-MEJ ��! r PRELIMINARY ASSESSMENT SCREENING 1. REAL PROPERTY TRANSACTION: The Corps proposes to grant a 25 year lease to the City of Southlake, Texas, to develop a park and recreation area in a portion of Walnut Grove Park, Tracts C221 and C235, Lake Grapevine, Texas. a. A COMPREHENSIVE RECORDS SEARCH was conducted which included a teview of the following areas: 1) Real Estate Division files. 2) Real Estate Division maps. 3) Operational Management Plan. 4) Master Plan. 5) Operations Division files. files. 6) Safety and Occupational Health and Safety Office 7) Engineering Division files. b. SITE INVESTIGATIONS were performed on 20 Nov 1997. 1) Visual inspection of existing conditions. 2) Interview with Project Office personnel. 2. STATEMENT OF FINDINGS a. COMPREHENSIVE RECORD SEARCH SUMMARY A complete search of the District files which pertain to the proposed area was made as stated in l.a. above. This records search revealed no evidence of any hazardous substance being stored, released or disposed of on the property involved. The operating plans and historical records also showed no evidence of any activity which would have contaminated the property with hazardous substances. b. SITE INVESTIGATION SUMMARY A site investigation of the proposed area was made as stated in l.b. above. This visual inspection revealed no unusual odors, stained soils, stressed vegetation, suspicious seepage, manmade land features, unnatural surface features or other evidence that would indicate the presence of hazardous wastes. Based on this inspection it was determined no hazardous substance has been stored, released of disposed of on the property EXHIBIT H involved. Project personnel have no knowledge of past activities which might have created a hazardous situation. Prepared by: Richard Adamson CESWF-RE-MM Approved by: Hyla J. Head Chief, Real Estate Division Date Date ^0-13-1998 09:44 LAW FIRM 817 332 4740 P.02iO3 -1 fAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ^TTORNEYS AT LAW )( K,MORTON STREET TELEP14ONE (V 7) 332.2590 3wM oANK ONE TOWER FAX (q1T) 332j740 'ORT WORTH, TEXAS 76102-3821 UEBRA P MAYOVITCH February 13, 1998 Via Fax and by regular mail Mr. Ben Henry City of Southlake 1725 E. 1709 Southlake, Texas 76092 RE: Lease with the U.S. Corps of Engineers Dear Ben: As you requested, I have reviewed the above -referenced Leasc. My comments are as follows: Section 5g. and Section 7b. provide that the City will provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. Does the Corps have a form for this certification? Is it with respect to this Lease or City-wide? 2. Remember that no structure may be erected or altered upon the premises unless the District Engineer has issued written approval of the design, location, etc. The ball fields should not be considered structures, but you should confirm this with the Corps. 3. Is the City planning on subleasing any of the Corps property? If so, Section 9 imposes strict requirements upon subleases. You should clarify that the City's agreements with the youth sports organizations will not provide for use of the practice fields on the Leased Property, or seek the written confirmation of the Corps that these field use agreements are acceptable and need not incorporate the provisions of the Corps Lease. H:%IBRARY\Southlake\LETTERS\+enry.05. wpd FEB-13-1998 09:45 LAW FIRM 817 332 4740 P.03iO3 Nvij. Ben Henry February 13, 1998 Page 2 4. Section 18 provides that the City shall comply with a number of federal statutes and regulations. Interestingly, when the City Council approved the Master Park Plan, Councilmember Hams inquired as to the application of the ADA to the equestrian trails at this Park. Now, this very issue is addressed in the Lease. Some of these laws, such as the ADA and the Age Discrimination in Employment Act, the City must already comply with— some, such as the Department of Defense Directives and the Rehabilitation Act, it need not. However, I do not think compliance with these laws and regulations is negotiable. These laws and regulations comprise hundreds of pages. I recommend you ask the Corps to give you a copy of the regulations that you are required by the Lease to comply with. 5. As we discussed, there are some existing dump sites on the Premises. You have stated that you do not have a problem with the City cleaning these up. 6. Note that Sections 11 and 12 provide for special requirements should the City impose a fee for use of facilities. It is my understanding that the City will not be imposing fees for the use of the premises. 7. Section 17 of the Lease provides that the City is required to restore the premises to a condition satisfactory to the District Engineer. This means the City may have to move the amphitheater, if the Lease is not renewed. In the same vein, Section 28 requires the City to bear the cost of any environmental remediation if the Corps determines that such are necessary. While the latter may not seem fair, it places the City in the same position it would be in if it owned the premises in fee simple. The City will have the burden to find the responsible party and seek recovery of its costs. Should you have any questions in this regard, please do not hesitate to call. DADlwrt I OL I BRARYNSouthlake%LMERSthenry.dt)S. wpd Sincerely, b&LA-�Ni4� 1A Debra A. Drayovitch TOTAL P.e3 City of Southlake, Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Master Plan for Koalaty Park At its February 9 meeting, the Park Board held a public hearing on the master plan for Koalaty Park, located adjacent to Carroll Elementary School, and developed by Ben Henry, Parks Planning and Construction Superintendent. Several residents from neighboring subdivisions voiced their concerns at the meeting. Generally, all were in favor of the park, but had specific issues they wanted addressed. The Park Board voted to recommend approval of the Master Plan with the following changes: �0 pw\ 1. the restroom facility shown south of the ballfields be moved to the north; r� 2. a fence and/or gate be placed between the northwest and southwest fields to deter access from the west; 3. a natural barrier be installed on the west side to deter people from parking on Village Green Drive and walking to the fields; 4. an additional 25 parking spaces be included; 5. a berm be created on the south side of the school to deter people from entering the creek and possibly crossing into property owners' yards. Staff has not yet had the opportunity to incorporate these Park Board recommendations into the master plan. The plan attached is the same as presented to Park Board. Staff is concerned with the potential location of the berm. If the berm is located between the trail and the creek, it raises some safety concerns in our opinion, by creating secluded areas that could pose a threat to trail users, especially children on foot or bicycles. We recognize the concerns of the residents, but feel that there are alternative solutions that would be safer for the trail users. Please place this item on the February 16 SPDC agenda for their consideration. Since there is currently no funding available for this park, staff does not intend to take this master plan through the planning and zoning process at this time. Please contact me or Ben Henry if you have any further questions. KH' Attachment: Preliminary Layout of Koalaty Park Master Plan V I� . •4_y,' .,i q. 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LL v p m CMH O CD U O C C C Co U L N •c M n •C U)Q n. a` c0 � N y ccu E 0) 0) 0 cca m a W W y m W cL T LL ILL., p Q (n f _1 o M X W p J Q U a o w O ° O ^ m U) F- T N M �i' to O ti O O) O T N M d' lCl 60 h O T N M ar N T T T T T T T T T N N N N N N N N N T T T T T T T T T T T T T T T T T T T 10 (D LO Cd rn N a) c0 Q. d a CITY OF SOUTHLAKE HISTORICAL SALES TAX REVENUES 1997-98 collected budget balance budget to date balance ee rcent $2,715,000 86$ 1,136 $1,853,864 68.28% MONTH FISCAL YEAR 93/94 % Inc -Dec FISCAL YEAR 94/95 % Inc -Dec FISCAL YEAR 95196 % Inc -Dec FISCAL YEAR 96-97 % Inc -Dec FISCAL YEAR 97-98 % Inc -Dec October $99,408 95.1% $89.951 -9.5% $128,689 43.1% $161,892 25.8% $237,164 46.5% November 50,623 20.2% 52,099 2.9% 111,917 114.8% 135,367 21.0% 193,664 43.1% December 70,155 107.3% 67,243 -4.2% 103,975 54.6% 115,084 10.7% 163,871 42.4% January 106.541 57.3% 95,687 -10.2% 140.362 46.7% 198.873 41.7% 266,437 34.0% February 57.839 47.0% 68,015 17.6% 95,269 40.1% 125,671 31.9% 0 -100.0% March 59,378 34.4% 56,600 -4.7% 103,163 82.3% 104,733 1.5% 0 -100.0% April 87,438 27.3% 88,212 0.9% 137,030 55.3% 182,384 33.1% 0 -100.0% May 58,291 6.7% 81,109 39.1% 109.371 34.8% 152,577 39.5% 0 -100.0% 'first month of 1/2 cent sales tax June 59,577 14.5% 83,253 39.7% 112,317 34.9% 171.813 53.0% 0 -100.0% July 94,157 16.9% 135,187 43.6% 179,803 33.0% 223,854 24.5% 0 -100.0% August 58.980 22.1% 109,584 85.8% 132,367 20.8% 184,851 39.7% 0 -100.0% September 75,228 38.3% 106,563 41.7% 122,445 14.9% 173,917 42.0% 0 -100.0% TAL $877,615 37.8% $1,033,502 17.8% $1,476,708 42.9% $1,931,017 30.8% $861,136 189.7% SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1997-98 collected budget balance budget to date balance percent $1,357,500 $430,568 92$ 6,932 68.28% MONTH FISCAL YEAR 93/94 % Inc -Dec FISCAL YEAR 94195 % Inc -Dec FISCAL YEAR 95/96 % Inc -Dec FISCAL YEAR 96-97 % Inc -Dec FISCAL YEAR 97-98 % Inc -Dec October $0 n/a $44.975 n/a $64,344 43.1% $80,946 25.8% $118,582 46.5% November 0 n/a 26,049 n/a 55,958 114.8% 67,684 21.0% 96,832 43.1% December 0 n/a 33,622 n/a 51,987 54.6% 57,542 10.7% 81,935 42.4% January 0 n/a 47,843 n/a 70,181 46.7% 99,437 41.7% 133,219 34.0% February 0 n/a 34,007 n/a 47,635 40.1% 62,836 31.9% 0 -100.0% March 0 n/a 28,300 n/a 51,581 82.3% 52.366 1.5% 0 -100.0% April 0 n/a 44,106 n/a 68,515 55.3% 91,192 33.1% 0 -100.0% May 29,145 n/a 40,554 39.1% 54,686 34.8% 76,289 39.5% 0 -100.0% June 29,788 n/a 41,627 39.7% 56,159 34.9% 85,906 53.0% 0 -100.0% luly 47.079 n/a 67,593 43.6% 89.901 33.0% 111,927 24.5% 0 -100.0% ugust 29,490 n/a 54,792 85.8% 66,184 20.8% 92,426 39.7% 0 -100.0% September 37,614 n/a 53,282 41.7% 61,223 14.9% 86,958 42.0% 0 -100.0% TOTAL $173,116 n/a $516,751 198.5% $738,354 42.9% $965,508 30.8% $430,568 189.7% 2/16/98 SLSTX98.XLS CITY OF SOUTHLAKE Sales Tax Analysis FY1997-98 Actual Budget Actual Estimated (budget-est.) % Month 1996-97 1997-98 1997-98 1997-98 Difference Change October 161,892 211,176 237,164 237,164 25,988 12.31 % November 135,367 180,672 193,664 193,664 12,992 7.19% December 115,084 157,347 163,871 163,871 6,524 4.15% January 198,873 253,704 266,437 266,437 12,733 5.02% February 125,671 169.522 0 169,522 0 0.00% March 104,733 145,443 0 145,443 0 0.00% April 182,384 234,742 0 234,742 0 0.00% May 152,577 200,464 0 200,464 0 0.00% June 171,813 222,585 0 222,585 0 0.00% July 223,854 282,432 0 282,432 0 0.00% August 184,851 333,186 0 333,186 0 0.00% September 173,917 323,729 0 323,729 0 0.00% 1,931,016 2,715,000 861,136 2,773,238 58.238 2.15% 40.60% 43.62% Southlake Parks Development Corporation 1/2 cent sales tax Actual Budget Actual Estimated (budget-est.) % 1996-97 1997-98 1997-98 1997-98 Difference Change October 80.946 105,588 118,582 118,582 12,994 12.31 % November 67,684 90,336 96,832 96,832 6,496 7.19% December 57,542 78.673 81,935 81,935 3,262 4.15% 'Inuary 99,437 126,852 133,219 133,219 6,367 5.02% bruary 62,836 84,761 0 84.761 0 0.00% arch 52,367 72,721 0 72,721 0 0.00% April 91,192 117,371 0 117,371 0 0.00% May 76,289 100.232 0 100,232 0 0.00% June 85,907 111,292 0 111,292 0 0.00% July 111,927 141,216 0 141,216 0 0.00% August 92,426 166.593 0 166,593 0 0.00% September 86,959 161,864 0 161,864 0 0.00% 965,508 1,357.500 430,568 1,386,619 29,119 2.15% 40.60% 43.62% 2/16198 SLSTX98.XLS SOUTHLAKE PARK DEVELOPMENT CORPORATION Capital Projects Status Report February 16,1998 Status: The Brunson Condemnation Hearing was held April 24, 1997. The commission awarded the owner $847, 000. On May 13, the BrunsonOs filed an appeal of the ruling. A countersuit trial has been scheduled for April 6, 1998. The Judge ordered mediation was held Tuesday, January 13, 1998 with no settlement. Design - Phase II Contract Began: June 17, 1997 Estimated Completion of Design: September 1997 Consultant: MESA Design Group Status: Bid packages I and 2 of 3 are currently being advertised. Plans will be available to the bidders February 20, 1998. A pre -bid conference is scheduled February 27, 1998. Bid opening has been set for March 12, 1998. Status: Fence to be installed after completion of grading. Estimated construction date is June 1998. Status: Grass to be installed during the month of June 1998. Status: Pending. Status: Estimates have been received and will be presented to SPDC. Status: Project is currently being advertised. Plans and specifications will be made available to bidders February 20, 1998. Bid opening is scheduled for March 6, 1998. q_1 Land Acquisition $1,200,000 (Budget) Status: Progressing well through the Citv ManagerOs Office. An undated man of status can be made available. Design - Phase I Contract Began: March 18, 1997 Consultant: Cheatham and Associates Completed: June 1997 Contractor: James Arnold Construction Began: August 29, 1997 Completion of Construction (Phase I): Status: James Arnold Construction has substantially completed the Phase I contract. Contract remains open to address drainage issues. Status: A committee has formed to define the scope of the Nature Center for Bob Jones Park. Park staff has provided program information to assist in the design and development through the Audubon Society. The Nature Center Committee toured the site Sept. 8, 1997 with Mrs. Tucker. Status: SPDC approved phase I-b grant project on October 20, 1997 to include: a cultural resource survey, construction plans, site plan, pavilion, 15 picnic tables and grills, soccer fields, hike and bike trail, fishing dock foundation, practice ballfields, playground (50%). A design contract was approved by SPDC and Council with Cheatham and Associates. A lease agreement with the U.S. Army Corps of Engineers has been received and is being reviewed. Copies will be provided to SPDC. Execution of this agreement is required prior to a grant contract with the Texas Parks and Wildlife Department. All documentation must be completed prior to February 28, 1998. Park staff is preparing a 3 month continuance request for land acquisition. The cultural resource survey onsite investigation was completed on Dec. H, 1997. A draft report in conformance with the Texas Antiquities Code has been reviewed by park staff. The Texas Historical Commission is currently reviewing the report. J� Status: A contract is being revised with TxDOT at the request of Southlake, Colleyville and North Richland Hills. The cities entered into an interlocal agreement with each other to design and construct the trail under one contract with a more cost effective and efficient approach. MESA Design Group was recommended by the interviewing committee. A contract will be provided to SPDCfollowing TxDOT review. 'CTSD=1?' ihj':Lot-at-Carroll Middle School Gym $70,000 (BudCr get) Status: Construction has begun. Funding approved totals $85, 979.50. Status: Plans are being prepared. Status: Project is currently being advertised. Plans and specifications will be made available to bidders February 20, 1998. Bid opening is scheduled for March 6, 1998. Status: Available as needed. Status: Available as needed. Master plan signage was installed on three (3) neighborhood parks (Royal and Annie Smith, Koalaty and Noble Oaks). Status: Design has been held pending coordination of adjacent improvements with CISD. Status: A public hearing was held February S, 1998 with Park Board. Primary elements include four unlighted ballfields and two practice soccer fields, both sized for elementary age use. One larger practice soccer field and an adult practice ballfield. A trail loop is planned which would tie in with the anticipated Continental Blvd. trail. CISD request for additional parking will be reviewed by staff. Land Acquisition Budget - $300,000 Actual Cost - $369,120.54 Status: A public hearing was held February 5, 1998 with Park Board. Approval was tabled pending definition of a community park versus a neighborhood park. KISD does plan to construct a new 3,500 s f. library adjacent to the southeasterly corner of the school. Traffic concerns are being addressed through a prior traffic study. Park staff will continue to make seasonal site improvements (i. e.; winter - pull carpet from house and tree trimming) throughout the planning process. Building Inspection has reviewed the house. Foundation contractors have been contacted and no improvements are necessary. Design - Phase I Contract Completed: November 25, 1997 Consultant: Dunaway Associates, Inc. Status: Upon acquiring all necessary right-of-way, construction to improve Continental Blvd will begin. Current funding is not available for the estimated $318, 800 needed for trail construction. Design fees paid total $892, approximately 10% of the estimated fee to complete construction documents. 9� Consider Approval by SPDC: TBA Approved by Park Board: February 3,1997 Status: Leadership Southlake is continuing to raise money and evaluate design options. Goal is to bid and construct the pavilion by the Spring of 1998. Approved by SPDC: May 19,1997 (added $7,000 December 15,1997) Approved by Park Board: May 12, 1997 (added $7,000 December 8, 1997) Status: The $25, 000 project is completed pending staff and KSB inspection. Contractor: American Tennis Court Contractors Status: Reimbursement check received by SBA for $3, 980.50 on Dec. 9, 1997. Approved by SPDC: January 16, 1998 Approved by Park Board: December 8, 1997 Status: Tree planting will begin this week. Status: Projected completion in March 1998. Status: Funds remains in reserve. 1 Mew � FMrJ 9z A 91 91 %06'Zt ED %VT9 loll 3dd�d2b a. %LS*Z WYL aseanv JeJOJL UO gases UO!I!PPV aq isapA ui puel paA!nb3V jo juawad 9z i1i 10, ot 6 LP Z4 qY, S4 96 LY C9 ZS fS tG ss 'A LS ti Et: VL 9j, SSA A© 0 'A AM Am low 13 Ali qa. off C, .11 IVA mm -am M. rF NMI' N-M m min M� "M mW AwLqw w VAIM W-0 -%V, �Mm or ALS m Mom El Mal :am ��mm�mommmammm�mo��m��o�oo�oo� !1! !��L! 4 il!] rl'�: !J�2