HomeMy WebLinkAboutPR 17026: AGREEMENT WITH PAISD FOR USE OF LAND FOR SOCCER FIELDS P. R. No. 17026
04/24/12 cda
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
TWO (2) YEAR AGREEMENT BETWEEN PORT ARTHUR INDEPENDENT
SCHOOL DISTRICT AND THE CITY OF PORT ARTHUR FOR THE USE
OF THE PEASE SCHOOL AND THOMAS EDISON SCHOOL PROPERTIES
FOR SOCCER AND RELATED ACTIVITIES
WHEREAS, the City of Port Arthur has requested to use the
Pease School property, which is located at 5924 Jade Avenue as
shown attached hereto as Exhibit "A" and the Thomas Edison School
property, which is located at 3501 12 Street shown attached hereto
as Exhibit "B "; 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, Port Arthur Independent School District is amenable
to, and supportive of, these activities and said use; and
WHEREAS, the City desires to lease this property for the sum
of One Dollar ($1.00) per year; and
WHEREAS, the City of Port Arthur will appropriately indemnify
the Port Arthur Independent School District.
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 the Port Arthur Independent School District
and the City of Port Arthur for the use of the Pease School
property, located at 5924 Jade Avenue and the Thomas Edison School
P.R. No. 17026
04/24/12 cda
property, located at 3501 12 Street from May 15, 2012 through
May 15, 2014, in substantially the same form as Exhibit "C ".
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., 2012, 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 O !+RM :
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VALECIA ' ±ZENO, CI,ATTORNEY
APPROVED FOR ADMINISTRATION:
JOHN COMEAUX, PE, ACTING CITY MANAGER
1/ . 4P A g
DR. ALA IGPEN, "
T RE OR OF PARKS AND RECREATION
Exhibit "A"
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Exhibit "C"
STATE OF TEXAS 5
5
COUNTY OF JEFFERSON 5
This is an Agreement between the City of Port Arthur, Texas
(referred to in the Agreement as the "City "), and the Port Arthur
Independent School District for the use of the Pease School
property located at 5924 Jade Avenue and the Thomas Edison School
property located at 3501 12` Street in Port Arthur, Texas. The
Port Arthur Independent School District 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 the Pease
School property 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, the Port Arthur Independent School District 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. The Port Arthur Independent School District 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 "B ", attached hereto and made a part hereof.
D. The City and the Port Arthur Independent School
District 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. The Port Arthur Independent School District 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 the Port Arthur Independent School District 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. The Port Arthur Independent School District 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 the Port
Arthur Independent School District without first notifying Dr.
Johnny Brown 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 the Port Arthur
Independent School District as a result of the removal of any
structures by the City.
I. Should the Port Arthur Independent School District 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 May 15, 2014; 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, the Port Arthur
Independent School District, 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 , 2012.
CITY OF PORT ARTHUR
BY:
John Comeaux, P.E., Acting City Manager
ATTEST:
Sherri Bellard, City Secretary
SIGNED THIS the — day of 2012.
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
BY: -:Li 1Y •
TITLE: /tr✓� / '
ES :
S retary
EXHIBIT "A"
TO THE AGREEMENT
This Exhibit shall be construed in conjunction with the
attached Agreement between the Port Arthur Independent School
District hereinafter called "PAISD" and the City of Port Arthur
for the use of the Pease School property located at 5924 Jade
Avenue and the Thomas Edison School property located at 3501 12
Avenue.
ITEM 1
PAISD agrees to give the City during the lease period first
priority use, scheduling, and entry control of the Pease School
property located at 5924 Jade Avenue and the Thomas Edison School
property located at 3501 12 " Street, 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 May 15, 2012 and May 15, 2014.
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 12 Noon ".
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 Dr. Johnny Brown of any such changes.
Significant expansion /additions or modifications must be
reviewed and approved by PAISD.
1
ITEM 4
The City will, if requested, provide a current set of keys
for all locks and update as needed to Dr. Johnny Brown, or his
designee.
SIGNED THIS the _ day of , 2012.
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
BY: 41110, `.L
oy
TITLE: ?� /'
ATTEST:
Secretary