HomeMy WebLinkAboutPR 16800: AGREEMENT WITH IGLESIA TRIUNFO CHURCH FOR PROPERTY FOR SOCCER AND RELATED ACTIVITIES / / l?�
TO: Stephen B. Fitzgibbons, City Manager DATE: 12/06/11
FROM: Dr. Albert T. Thigpen, IPMA -CP, Director of Parks and Recreation
RE: P.R. 16800 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
TWO (2) YEAR AGREEMENT BETWEEN IGLESIA TRIUNFO CHURCH AND THE
CITY OF PORT ARTHUR FOR THE USE OF CHURCH PROPERTY FOR SOCCER
AND RELATED ACTIVITIES
Comment
Recommendation:
I recommend approval of Proposed Resolution No. 16800 which authorizes the City Manager to
execute a two (2) year agreement between Iglesia Triunfo Church [5900 9 Avenue] and the City of
Port Arthur for the use of church property for soccer and related activities.
Background:
The City of Port Arthur has very diverse population. The City Council has indicated its desire to provide
recreational and related activities which enhance the quality of life for all its citizens. One of the challenges in this
regard has been the provision of available soccer areas for play. The primary challenge is finding locations with
sufficient area, parking, conducive to such activity.
As an interim measure to provide playable soccer areas for citizens, it is recommended the two (2) year
Agreement with Iglesia Triunfo Church be approved. This area is large enough to provide 1 — 2 soccer fields. This
measure will provide a reasonable immediate, and stable solution, until other fields can established.
Budgetary /Fiscal Effect:
Approval of proposed Resolution No. 16800 will require expenditure of funds provide for signage. The
estimated cost for these items is not to exceed $1,500. Funding is available for this purpose in
Account Numbers: 001 - 1207 - 531.31 and 001 - 1207 - 531.39 of the Department of Parks and Recreation
Budget. The work will be done by departmental personnel.
Staffing /Employee Effect:
Adoption of the proposed resolution would have no impact on staffing levels.
Summary:
I recommend approval of Proposed Resolution No. 16800 which authorizes the City Manager to
execute a two (2) year agreement between Iglesia Triunfo Church [5900 9 Avenue] and the City of
Port Arthur for the use of church property for soccer and related activities.
P. R. No. 16800
12/02/11 cda
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EEECuiE A
TWO (2) YEAR AGREEMENT BETWEEN IGLESIA TRIUNFO CHURCH AND
THE CITY OF PORT ARTHUR FOR THE USE OF CHURCH PROPERTY
FOR SOCCER AND RELATED ACTIVITIES
WBEREAS, the City of Port Arthur has requested to use the rear
field of Iglesia Triunfo Church, which is located North of the
church's rear parking lot; and
WHEREAS, City of Port Arthur desires to use this area in the
provision of recreational access for the citizens of Port Arthur to
enhance "Quality of Life" activities; and
WHEREAS, Iglesia Triunfo Church is amenable to, and
supportive of, these activities and said use; and
WHEREAS, the City desires to lease this field for the sum of
One Dollar ($1.00) per year; and
WHEREAS, the City of Port Arthur will appropriately indemnify
Iglesia Triunfo Church.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Council of the City of Port
Arthur hereby authorizes the City Manager to execute a two (2) year
lease agreement between Iglesia Triunfo Church and the City of Port
Arthur for the use of the church's rear field from December 13,
2011 through December 13, 2013, in substantially the same form as
Exhibit "A ".
Section 3. That a copy of the caption of this Resolution
shall be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2011, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: Mayor
City Council
NOES:
Mayor Deloris "Bobbie" Prince
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VAT IZ 0, CITTTORNEY
(o- t b e ltic.� ,) ���lll//////
APPROVED FOR ADMINISTRATION:
STEPHEN FIT CITY MANAGER
DR. A ggiRT THIGPEN, DIRECTOR OF PARKS AND RECREATION
EXHIBIT "A"
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This is an Agreement between the City of Port Arthur, Texas
(referred to in the Agreement as the "City "), and Iglesia Triunfo
Church [5900 9th Avenue] for the use of the rear field located
approximately to the rear (Northern) parking lot of the building in
Port Arthur, Texas. Iglesia Triunfo Church and the City are
collectively referred to as the "Parties ".
RECITALS
The purpose of this Agreement is to state the terms and
conditions under which the City is permitted to use Iglesia Triunfo
Church premises for the purpose of conducting recreational
activities, soccer tournaments, soccer practice, and soccer games
only.
In consideration of the mutual promises contained in this
Agreement, Iglesia Triunfo Church and the City agree as follows:
I.
NATURE OF AGREEMENT
A. Each party recognizes that this lease agreement does not
bestow public park designation on the leased property.
B. Iglesia Triunfo Church agrees to permit the City to use
certain facilities for the purpose of conducting recreational
activities, soccer games, soccer tournaments, and soccer practices
only.
C. The City agrees to be responsible for the performance of
certain duties and maintenance of the leased facilities as
described in Exhibit "A ", attached hereto and made a part hereof.
D. The City and Iglesia Triunfo Church agree that during the
term of the lease all City ordinances and Department of Parks and
Recreation park rules and regulations shall apply to the leased
area unless specifically accepted herein.
E. Iglesia Triunfo Church does not assume any responsibility
for the supervision and administration of activities occurring in
the leased area during the term of the lease, nor does it assume
any liability arising thereunder.
F. It is expressly agreed and understood by all parties
hereto that Iglesia Triunfo Church is an independent owner /lessor
in its relationship to the City of Port Arthur. Nothing herein
contained at any time or in any manner shall be construed to effect
a contract of partnership or joint venture or render any party
hereto the employer or master of any other party and /or its
employees, agents or representatives. All necessary personnel
employed by or contracted with by the City shall be deemed agents
or employees of the City.
G. Iglesia Triunfo Church agrees to permit the public to use
the leased area during times posted or as mutually may be agreed
for the activities noted herein. Any other use of the field by the
City is strictly understood by the parties to be general use.
H. The City shall not remove any trees or ornamental
shrubbery that are attached to the premises owned by Iglesia
Triunfo Church without first notifying Pastor Carlos Torres and /or
his designee of its intent to do so and obtaining approval. The
City shall be responsible for any damage to the premises or to any
other property owned by Iglesia Triunfo Church as a result of the
removal of any structures by the City.
I. Should Iglesia Triunfo Church decide to sell the leased
area during the term of the agreement, the City will be given the
right to first refusal.
II.
DURATION OF AGREEMENT
This Agreement shall be in force from the date of signing by
the parties until December 13, 2013; with automatic option to renew
for another twelve (12) months if mutually agreed by both parties.
III.
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party giving ninety
(90) days written notice to the other party of its desire to
terminate said Agreement, or said Agreement may be terminated at
any time by mutual agreement of the parties.
IV.
INDEMNIFICATION
The City covenants and agrees to indemnify to the extent
permitted by law and does hereby indemnify to the extent permitted
by law, hold harmless and defend, Iglesia Triunfo Church, its
officers, employees, and agents from and against any and all
liability, or loss, damages, expenses or claims for injuries to
persons or property of whatsoever kind or character, whether real
or asserted, arising out of or incident to either or both of the
following: (1) the activities of the City, or (2) permitted
activities under or otherwise incident to the provisions of this
contract. The City hereby assumes all liability and responsibility
for injuries, claims, or suits for damages to person or property,
of whatever kind of character, whether real or asserted, arising
out of or incident to either or both of the following: (1) the
activities of the City, or (2) the permitted activities under or
otherwise incident to the provisions of this contract pertaining to
the City's leased use. Said liability being the same applicable to
that of any other park area of the City.
SIGNED THIS the day of , 2011.
CITY OF PORT ARTHUR
BY:
Stephen Fitzgibbons, City Manager
ATTEST:
Sherri Bellard, City Secretary
SIGNED THIS the day of , 2011.
IGLESIA TRIUNFO CHURCH
BY:
TITLE:
ATTEST:
Secretary
EXHIBIT "A"
TO THE AGREEMENT
This Exhibit shall be construed in conjunction with the
attached Agreement between Iglesia Triunfo Church hereinafter
called "Iglesia" and the City of Port Arthur for the use of
church's rear field (East of the church sanctuary).
ITEM 1
Iglesia agrees to give the City during the lease period first
priority use, scheduling, and entry control of the rear field
located at Iglesia Triunfo Church, Port Arthur, Texas.
ITEM 2
As consideration for such use, the City shall:
1. Maintain the fields by cutting the grass and trimming
around the fences at least twice per month between the
time period of December 13, 2011 and December 13, 2013.
2. Maintain litter control. Failure to remove litter will
violate Contractual Agreement.
3. The City will evaluate the use of, and may install,
security lighting as deemed appropriate.
4. The City shall post "No Alcoholic Beverage and No
Trespassing" signs, as well as signs indicating "No Play
on Sunday until after 1:00 P. M. ".
ITEM 3
Should the City desire to modify the facilities during the
tenure of the lease, the City shall pay the cost of said
improvements and notify Pastor Carlos Torres of any such changes.
Significant expansion /additions or modifications must be
reviewed and approved by Iglesia Triunfo Church.
i
ITEM 4
The City will, if requested, provide a current set of keys
for all locks and update as needed to Pastor Carlos Torres, or
his designee.
SIGNED THIS the day of , 2011.
IGLESIA TRIUNFO CHURCH
BY:
TITLE:
ATTEST:
Secretary