Item 5 - Jarod JensonORIGINAL DOCUMENT
CITY OF SOUTHLAKE
Council ActiontN OrdResNo
Date Approved g3302101
AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND
ST MARTININTHE 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 Martininthe 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 Martinin
theFields 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 040 mp
Saturdays until 030 mp 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
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 Suse
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 SSTATUS AS AN ADDITIONAL NAMED
INSURED AS PROVIDED IN SECTION6 OF THIS AGREEMENT TO THE EXTENT
AGREEMENT BETWEEN THE CITY OF SOUTHLAKE and ST MARTININTHE FIELDS EPISCOPAL CHURCH
Page 2 of 4
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 ATTORNEY SFEESARESPECIFICALLYWAIVEDBYBOTH
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 Tess 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 MARTININTHE 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 sorganizational values as
described below
Integrity Being worthy of the public strust 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 0e oficsi
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CITY OF SO HLAKE ATTEST ic F
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Authorized Representative CITY ATTORNEY
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AGREEMENT BETWEEN THE CITY OF SOUTHLAKE and ST MARTININTHE FIELDS EPISCOPAL CHURCH
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EXHIBIT A
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