Loading...
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 Page 2 of 2 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. 4D -4 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 Page 2 of 4 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 Page 3 of 4 -19 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 Page 4 of 4 4D - 7 EXHIBIT St. Martin -in -the -Fields Episcopal Church Property Open Space