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Home My WebLink AboutPR 16600: LAKESIDE-PALOMAR DEVELOPEMNT AGREEMENT P. R. No. 16600 08/19/11 vt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND LAKESIDE - PALOMAR DEVELOPMENT, INC., IN THE AMOUNT OF $150,000; FUNDING AVAILABLE IN ACCOUNT NO. 001 - 1003 - 512.59 -00, PROJECT NO. M01006 WHEREAS, Lakeside Community Park is a public park maintained by the City, located near the intersection of Cambridge Avenue and Highway 73 in Port Arthur, Texas; and WHEREAS, currently there is not a roadway which provides access to the park, nor is there a parking lot for its patrons; and WHEREAS, Lakeside - Palomar Development, Inc., is constructing a community center, a large parking lot facility, and a roadway; and WHEREAS, the project will also provide greater access to Lakeside Community Park; and WHEREAS, the public has need for better access to the park and can considerably benefit from the use of the parking lot facility, roadway, and community center; and WHEREAS, a joint use agreement will provide a larger benefit to the City of Port Arthur and its citizens, serving a valid and paramount public purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: s.pr16600 Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the execution of a joint use agreement with Lakeside - Palomar Development, Inc., in the amount $150,000 for construction of a roadway, the use of the parking lot facility and community center is deemed to serve a valid public purpose for the benefit of the citizens of Port Arthur. Section 3. That the City Manager is authorized to execute an agreement between the City of Port Arthur and the Lakeside - Palomar Development, Inc., in substantially the same form as Exhibit "A ". Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2011, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR s.prI6600 ATTEST: ACTING CITY SECRETARY APPROVED AS Tp FORM: / �� / /? CITY AT93 tNEY' APPROVED FOR ADMINISTRATION: CITY MANAGER PROVED AS TO AVAILABILITY OF FUNDS: 6.6-QC 2/4C04,1:124 Deborah Echols, Director o Finance s.pr16600 EXHIBIT "A" JOINT USE AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON This Joint Use Agreement ( "Agreement ") is entered into effective as of September 1, 2011 ( "Effective Date ") between the CITY OF PORT ARTHUR, a Texas home rule municipality ( "City ") and the LAKESIDE PALOMAR COMMUNITY DEVELOPMENT, INC., a Texas non -profit corporation "Association "), City and Association being sometimes collectively referred to herein as the "Parties ". RECITALS WHEREAS, Lakeside Community Park ( "the Park ") is a public park maintained by the City. It is located near the intersection of Cambridge Avenue and Highway 73 in Port Arthur, Texas. A copy of the map of said location is attached hereto as Exhibit "A "; and WHEREAS, currently, there is not a roadway providing access for vehicles to enter Lakeside Community Park. Additionally, the City is in need of parking space for those who patronize the park; and WHEREAS, the Association is constructing a Community Center which will include a large parking lot facility on its privately owned property adjacent to the park, as depicted in Exhibit "B "; and WHEREAS, the Association will also pave a roadway which will provide access to the building and the park; and WHEREAS, it is the desire of the Association to make available its parking facility and road to the City for the joint use of the parties. It has been determined by the parties that such joint use will not create a conflict in the occupancy or use of the premises; and WHEREAS, an engineering evaluation has determined that the estimated cost to the City for the installation of a road and a parking lot facility for the park would be approximately $140,000, as delineated in Exhibit "C "; and WHEREAS, the Association has also agreed to allow the City to utilize the Community Center for City sponsored events and will also allow Port Arthur residents to utilize it for various events. The value of said service is estimated to be valued at an amount of $10,000 or greater; and 1 WHEREAS, the public has need for better access to the park. This joint use agreement will provide a larger benefit to the City of Port Arthur and its citizens, serving a valid and paramount public purpose. It is deemed in the public interest for the parties to enter into a joint use the agreement for use of the parking facility, roadway, and building subject to the conditions and limitations described herein. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into by and between the City and Association for and in consideration of the sum of One Hundred Fifty Thousand Dollars ($150,000.) paid by the City receipt of which is acknowledged, and the further consideration of the exchange of mutual covenants and conditions contained in the agreement on the part of the City and the Association to be kept and performed, the parties do covenant and agree as follows: 1. That for so long as the City maintains ownership of the Lakeside Community Park, the Association will allow the City unrestricted use of the parking lot facility and roadway. 2. That the Association will allow the City to utilize the Community Center for City sponsored events and will also allow Port Arthur residents to utilize the building for various events, subject to the written approval of the time and date of said event by a duly authorized representative of the Association. Those who utilize the Community Center pursuant to this agreement further agree to abide by the rules and regulations for the use of the building as set forth by the Association. There will be no charge for the use of the building. 3. That all of the above conditions are binding upon the City and the Association, their heirs, successors, assigns, and legal representatives, and constitutes a covenant running with the land, and shall remain in force and effect for so long as the City maintains ownership of Lakeside Community Park. AGREED TO: THE CITY OF PORT ARTHUR TEXAS By: Steve Fitzgibbons, City Manager Date: , 2011 2 THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on 20 by Notary Public, State of Texas LAKESIDE PALOMAR COMMUNITY DEVELOPMENT, INC. B y: — Title: Date: , 2011 THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on , 20 , by Notary Public, State of Texas 3 Exhibit "A" L_ 1 ill _ ___ _ ____ ___ ______ _ 1 HWy 73 I I . • . 1 li •..., , . , Q ` .• . % W • � 1 to L. . +.,. 4 .. 6 L0T , s , 6 a I 5 C�uEa D� 9 I 3 M f • . F 8 ..J z 3 W II Ai , D1 2=�3 p � e LAY EVE 17 Lc . Q Illm :. L._ : a Tor I N ' .- 9 r • 1 4e . I 6 .Z `v ! p 1 , • p • a • oz z.; , ,� 64 S HA R N" 16 - ��ti a zZo 6 /DR IVE a ' . • l % 1. 0 In . 3 3 11 1 ti . I 7 U' , • � T 1 1 ` 2 1 6 �A�HM -T7 -- Zzcs lac 2 ,• ,. I �ti� 4 �> > z asa % A to n ti jii-j : i D�� / �4T Illiti I 24 37 Zyj3 - -2229 s . , " ms. (I--- 32 __ [: •,, _ • • . .___ , • ( .GAL A ► /IIOV [D I O AT[: O IIIH 11 i - ,_ , , , , Exhibit "B" i 'Y ''‘ . ' •' • • • . ''' , . ,-. .. 4 -.-;• "i",,14" t I . . ,, ' ' , ,'.; ' . ..•;:i,14it, ';', ''' 1PL A # . 1 } I , '' 1„, 1 i.11'... 1, R : i1! I f ± / `...- l '" ,; 4 le II at 4 0, , ,,. ' i.i • . ',," 'It ., i ;• I ,. j6 k x t t ' 1 l li ' 1 t s . [. i 1 :',. , i. _____ s , E ) ft gg 1 3 & A s lid i '3. #1 III lit II Mil IN�I, ��` ■ i . 4 iI cir ' il .' I illii 1°,,,,1 gil lr 1 0 1 :A ; il, 3 1 1 ‘i ..4._ 4,1,,, iimill 4 . . _ Y r , .. r t :.. R'.� ZIP *Az 4 0 164P . . - h , 4311' .=i il I f . 1 • IA 1IU r Lai 11: , all 111111 4-111111 11 µ , ' 1 V t d k * ' , j ' ° �" , « 74. It . °• 11 a" y. , fi > ti ,, "y. rt, 1 � .'� �: i ' j ,�� it .�w"Y � tq� ;' ( ,.. . 4 . k s ri - . r « r;-4,' -4p t , ;� . •a • # i ii' i ' t .'....t t ' t ".'4 wry 1. iii f ✓^ j <P "°r e '.m' xi ^.w 7' . &d a re ;t a , '. . T_-:— - ., ..,.'.- + -.! ,,'•: r. -7 S '.:''-''' 2:7; '*."`-';'••';',.:. ;:.'C't'i / Vi a. t Exhibit "C" CITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Stephen B. Fitzgibbons, City Manager FROM: John A. Comeaux, P.E., Assistant City Manager /Operations DATE: August 19, 2011 RE: Lakeside Community Center — Roads /Parking Lot Funding COMMENTS The discussions concerning the allocation of funds to subject Community Center are ongoing. One suggestion brought forth to justify participation by the City in the project is to consider the cost savings associated with the installation of a Community Center parking lot and entrance roadway. The current Lakeside Community Park does not have a parking lot nor is there an entry road present. The estimated cost to the City for installation of a road from Cambridge Avenue to the building site is $70,000. The estimated cost for the installation of a parking lot to serve the existing park would be approximately $70,000 as well. The Lakeside Group is moving forward with the building which will be made available to all Port Arthur citizens for use without charge. Having citizen access to a facility maintained by others will be worth much more than $10,000 going forward. It would appear that the cost savings afforded the City by not having to install a roadway to the park and not having to install a parking lot for citizen use at the park would off -set the requests for the additional funding.