Item 4D4D-1
CITY OF
SOUTH LAKE
MEMORANDUM
August 20, 2013
To: Shana Yelverton, City Manager
From: Kari Happold, Deputy Director of Community Services
Subject: Approve an agreement with St. Martin -in -the -Fields Episcopal Church for
open space
Action
Requested: City Council approval of an agreement with St. Martin -in -the -Fields
Episcopal Church to utilize property owned by the Church for open
field space.
Background
Information: The City of Southlake and St. Martin -in -the -Fields Episcopal
Church currently have a ten-year agreement allowing the City to
use approximately four acres of land north of Chesapeake Park for
practice fields. In return for use of the open space, the City has
provided routine mowing and maintenance of the field. The existing
agreement between the City and the Church will expire July 2013.
The proposed agreement for your consideration at this time is a ten
(10) year agreement that will allow the City to continue use of two,
two -acre sites contiguous to and north of Chesapeake Park, off of
South Pearson Lane. In return, the City will continue maintenance
of the fields, funded in the Parks general fund budget.
Approval of the proposed agreement with St. Martin -in -the Fields
Episcopal Church will provide much needed space for the City's
growing athletic programs.
Financial
Considerations: Approval of the proposed agreement would require the City to
perform routine mowing and maintenance of the open space. The
financial impact will not increase as the field space is currently
being maintained by the City and is funded in the FY 2013 general
fund budget and is proposed in the upcoming FY 2013-14 budget.
Strategic Link: The policy revisions are linked to the City Council Focus Area of
Quality Development and meet the corporate objectives to provide
attractive and unique spaces for enjoyment of personal interests
and collaborate with select partners to implement service solutions.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
4D -2
Shana Yelverton, City Manager
Meeting Date — August 20, 2013
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Citizen Input/
Board Review: The Board of Directors for St. Martin -in -the -Fields Episcopal
Church approved the proposed agreement at their August 9, 2013
Board meeting.
City Council consideration August 20, 2013
Legal Review: No legal review was conducted on this specific agreement.
However, the proposed agreement is based on the previously
approved agreements which were reviewed by the City Attorney's
Office.
Alternatives: City Council discussion and consideration.
Supporting
Documents: Proposed Agreement
Recommendation: City Council approval of agreement with St. Martin -in -the -Fields
Episcopal Church for open space.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
4D - 3
AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND
ST. MARTIN -IN -THE -FIELDS EPISCOPAL CHURCH
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the CITY of Southlake,
Texas, a home rule municipal corporation located in Tarrant County and Denton
County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to
as "CITY"), and St. Martin -in -the -Fields Episcopal Church, a non-profit organization of
the State of Texas, 223 South Pearson Lane, Keller, Texas 76248, (hereinafter referred
to as "CHURCH").
WHEREAS, the CITY is authorized to engage in a cooperative partnership to
renew the agreement to utilize open field practice space at the CHURCH; and
WHEREAS, the CHURCH is duly authorized by its bylaws and board of directors
to enter into a cooperative partnership with the CITY; and
WHEREAS, the City Council of the CITY finds such a cooperative partnership to
be beneficial to public;
NOW, THEREFORE, in consideration of the foregoing and in accordance with the terms
and conditions set forth below, CITY and Church do hereby covenant and agree as
follows..
SECTION 1
PREMISES
The CHURCH agrees to give the CITY permission to utilize the property described in
Exhibit "A" attached hereto, located as a portion of Block 1, Lot 1 of the St. Martin -in -
the -Fields Addition to the CITY herein called the ("Premises") for open field practice
space.
SECTION 2
HOURS
The City shall utilize the Premises on Mondays through Fridays, after 4.00 p.m.,
Saturdays until 3.00 p.m. No practices shall be scheduled on Sundays at any time.
The Church may change the CITY'S scheduled use with a twenty four (24) hour notice
for special emergency use such as funeral, wedding, etc.
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SECTION 3
TERM
The term of the agreement shall be for a period of ten (10) years from the effective date
of this agreement.
SECTION 4
CONSIDERATION
The consideration for this lease is operation and maintenance of the Premises by the
CITY. The CITY shall maintain the Premises through routine mowing and removal of
any waste or debris generated by the CITY'S use.
In addition to the considerations above the CITY also agrees to pay one dollar (1) to the
CHURCH for utilization of the premises.
SECTION 5
CONTACT PERSON
For the duration of this lease the CITY'S contact person will be the Director of
Community Services or designee ("DIRECTOR").
SECTION 6
INSURANCE
The CITY shall name the CHURCH as an additional insured on its general liability
insurance policy, which it agrees to maintain throughout the term of this agreement.
SECTION 7
INDEMNIFICATION
THE CHURCH SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF
SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL
CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL
INJURY OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE
CHURCH CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY
CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY
CHURCH EMPLOYEES, MEMBERS, OR OFFICERS.
NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE
ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE
OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY
INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED
INSURED AS PROVIDED IN SECTION6 OF THIS AGREEMENT. TO THE EXTENT
AGREEMENT BETWEEN THE CITY OF SOUTHLAKE and ST. MARTIN -IN -THE -FIELDS EPISCOPAL CHURCH
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4D - 5
THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE
THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS
AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR
INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES
AND RECOVERY OF ATTORNEYS FEES ARE SPECIFICALLY WAIVED BY BOTH
PARTIES.
SECTION 8
MISCELLANEOUS PROVISIONS
The CHURCH agrees to permit the CITY utilization of the south half of the existing
concrete parking lot for parking. The north half of the parking lot is reserved for
CHURCH use only and the CHURCH shall designate reserved areas by signage and by
striping.
The CHURCH agrees to permit the CITY access to the Premises for necessary
construction and maintenance.
No portable toilets or concession stands, trucks or trailers are to be parked on the site at
any time.
The CHURCH agrees to permit the CITY to enter into agreements with non-profit
associations to utilize Premises as a sports practice field.
The parties agree that the fact that the CITY has drafted this agreement shall not mean
that in the event of ambiguity, any provision shall be construed in favor of the CHURCH.
No teams shall be permitted to use the Premises without a permit signed by the
DIRECTOR or designee.
SECTION 9
AMENDMENTS
No alterations, changes or modifications of neither the terms of this agreement nor the
waiver of any provision will be valid unless made in writing and signed by a person
authorized to sign agreements on behalf of each party.
SECTION 10
TERMINATION OF AGREEMENT
Either the CITY OR CHURCH may terminate this agreement by giving the other party
notice not less than six months prior to the termination, at the address set forth in the
preamble of this agreement.
AGREEMENT BETWEEN THE CITY OF SOUTHLAKE and ST. MARTIN -IN -THE -FIELDS EPISCOPAL CHURCH
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SECTION 11
CITY OF SOUTHLAKE VALUES
The City of Southlake has adopted values that are the fundamental principles that guide
how members of the CITY conduct themselves in pursuit of the mission and vision. All
business conducted with the CITY shall adhere to the CITY's organizational values as
described below:
• Integrity: Being worthy of the public's trust in all things. We deal honestly and
respectfully with each other and the public at all times.
• Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in
service delivery.
• Accountability: Taking personal responsibility for our actions or inaction while
putting the interests of the taxpayer first.
• Commitment to Excellence: Behaving responsively in our delivery of service to
the public. Our work is characterized by its quality and by the diligence with
which it is carried out. We proactively seek to solve problems in advance.
• Teamwork: Recognizing the importance of working together to meet our citizen's
needs, communicating clearly, sharing resources and information freely.
The values set forth in Section11 are goals to which CITY officials, staff and employees
are expected to adhere to in activities concerning this Agreement. While perceived
failure to adhere to, comply with, or take action consistent with these values should be
reported to an appropriate CITY official, staff member, or employee, such action or
failure to act shall not be considered a breach of this Agreement.
This Agreement is made and entered into on the day of
CITY OF SOUTHLAKE ATTEST
JOHN TERRELL
MAYOR
ST. MARTIN -IN -THE -FIELDS
EPISCOPAL CHURCH
Authorized Representative
ALICIA RICHARDSON, TRMC
CITY SECRETARY
APPROVED AS TO FORM AND
LEGALITY
CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF SOUTHLAKE and ST. MARTIN -IN -THE -FIELDS EPISCOPAL CHURCH
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4D - 7
EXHIBIT
St. Martin -in -the -Fields Episcopal Church Property Open Space