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Item 10ACity of Southlake, Texas MEMORANDUM June 10, 2003 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services (xt. 1527) SUBJECT: Approval to enter into an Interlocal Agreement with St. Martin's -in- the -Field Episcopal Church for practice ballfields Action Requested: City Council approval to enter into an interlocal agreement with St. Martin's - in- the -Field Episcopal Church to utilize property owned by the Church for practice fields. Background Information: The City of Southlake and St. Martin's -in- the -Field Episcopal Church currently hold two interlocal agreements allowing the City to utilize approximately four acres of land for practice soccer and baseball facilities. In return, the City has irrigated the property and provides regular maintenance. The Church submitted formal notification to the City their intent to terminate the interlocal agreement for the two acres located along South Pearson Lane in preparation for the expansion of their facility. The remaining interlocal agreement for two acres north of Chesapeake Park continues. The Church approached the City about the possibility of providing an additional two -acre site from them to the north of Chesapeake Park (contiguous with the park and the remaining interlocal area) to allow for the relocation of the practice soccer fields. In return, the City will be responsible for clearing the proposed site, providing appropriate grading and drainage, irrigating the site, and providing regular maintenance. The proposed interlocal agreement provides much needed practice space for the growing youth sports associations. Financial Considerations: Acceptance of this Agreement would require the City to perform site improvements within two years from the effective date of the proposed Agreement. The site improvements (clearing, grading, and irrigation) are estimated to cost approximately $15,000 with anticipated funding being available in the FY 2003 -04 SPDC Fund from Special Projects. Financial Impact: Ongoing maintenance of the site requires weekly site mowing during the growing season and irrigation costs. The overall financial impact will not increase as the proposed site would replace an existing site that is comparable in size and currently being maintained by the City. Citizen Input/ Board Review: The Parks and Recreation Board recommended approval (6 -0) at their June 9, 2003 meeting. The Board of Directors for St. Martin's -in- the -Field Episcopal Church approved the proposed interlocal agreement at their April 27, 2003 meeting. Legal Review: No legal review was conducted on this specific agreement. However, the proposed interlocal agreement is based the previously approved interlocal agreements which were reviewed by the City Attorney's Office. Alternatives: City Council discussion and consideration. Supporting Documents: Supporting documents include the following items: ■ Proposed Interlocal Agreement Staff Recommendation: City Council approval to enter into an interlocal agreement with St. Martin's - in- the -Field Episcopal Church for practice ballfields. AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND ST. MARTIN IN THE FIELDS EPISCOPAL CHURCH This Agreement is entered into as of the day of , 2003, by and between the City of Southlake, Texas, a home -rule municipal corporation of the State of Texas, 1400 Main Street, Southlake, Texas, 76092, (the "City ") and St. Martin in the Fields Episcopal Church, a non - profit organization of the State of Texas, 223 South Pearson Lane, Southlake, Texas 76248, (the "Church "). FOR AND IN CONSIDERATION OF THE AGREEMENTS SET OUT BELOW, the parties agree as follows: L LICENSE Church agrees to give the City a license to utilize the property described in Exhibit "A" attached hereto, located as a portion of Block 1, Lot 1 of the St Martin's Addition to the City of Southlake, Tarrant County, Texas, (the "Premises ") for a practice space for a period of ten (10) years from the effective date of this Agreement, for and in consideration of one dollar ($1.00) and other valuable consideration. IL CITY'S OBLIGATIONS City agrees to the following: A. City shall clear existing debris and perform necessary grading and drainage. B. City shall put up soccer goals on the premises consistent with City practice field standards. C. City shall maintain the premises through mowing and the removal of any waste or debris generated by the City's use. D. City shall irrigate the premises as an extension of the adjacent park and lease area. E. City agrees to complete said improvements within two (2) years from the effective date of this Agreement. F. City shall utilize the fields on Mondays through Fridays, after 4:00 p.m., Saturdays until 3:00 p.m. but it shall not schedule practices on Sundays. G. City shall name Church as an additional insured on its general liability insurance policy, which it agrees to maintain throughout the term of this Agreement. H. The Church may change the City's scheduled use with twenty four (24) hour notice for special emergency use such as a funeral, wedding, etc. III. TERMINATION A. Either City or Church may terminate this Agreement by giving the other party notice not less than six months prior to the termination, at the addresses set forth in the preamble to this Agreement. B. Church agrees to reimburse City the prorated cost of improvements to the premises should the Church terminate this agreement before the expiration date of this agreement. The maximum cost for said improvements held liable shall not exceed $15,000. IV. INDEMNIFICATION CHURCH AGREES TO INDEMNIFY CITY AND HOLD HARMLESS THE CITY FOR ANY INJURY CAUSED BY CHURCH'S NEGLIGENCE. CHURCH ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY FOR ANY INJURY CAUSED BY ANYTHING CHURCH DOES TO THE PREMISES THAT CAUSES INJURY. V. MISCELLANEOUS PROVISIONS A. Church agrees to permit City to enter into Agreements with non - profit associations to utilize the Premises for use as a practice sports field and park area. B. Church agrees to permit City to utilize the south half of existing concrete parking lot for parking. The north half of parking lot is reserved for church use only and the Church shall designate reserved area by signage and /or striping. C. Church agrees to permit City access to the premises for necessary construction and maintenance. D. No portable toilets or concession stands, trucks or trailers are to be parked on site at any time. E. The parties agree that the fact that City has drafted this Agreement shall not mean that in the event of ambiguity, any provision shall be construed in favor of Church. EXECUTED this day of ) 2003. CITY OF SOUTHLAKE: ST. MARTIN IN THE FIELDS EPISCOPAL CHURCH: Andy Wambsganss, Mayor ATTEST: Lori Farwell City Secretary Reverend Frank Reeves D.J Mitchell, Senior Warden Rita Frick, Junior Warden EXHIBIT "A" i Existing Lease Area #1 e Proposed Lease Area Existing Lease Area #2