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HomeMy WebLinkAboutPR 18388: AGREEMENT WITH IGLESIA TRIUNFO CHURCH, FOR SOCCER AND RELATED ACTIVITIES P.R. 18388 06/18/2014 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE 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 WHEREAS, 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 July 9, 2014 through July 8, 2016, 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.,2014,at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P.R. 18388 06/18/2014 ca AYES:(Mayor) Councilmembers: NOES: Deloris "Bobbie" Prince Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: )/,;(_ Val Tizeno, ,sq. City Attorney APPROVED AS TO ADMINISTRATION: John Comeaux, P.E., C.S.P. Interim City Manager Albert T. igpen, IPMA-CP, CAS, CPRP 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 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 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 July 9, 2014 until July 8, 2016; with automatic renewal 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 , 2014. CITY OF PORT ARTHUR BY: John A. Comeaux, P.E., Interim City Manager ATTEST: Sherri Bellard, City Secretary SIGNED THIS the day of , 2014. 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 Baptist 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 July 9, 2014 and July 8, 2016. 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 and/or fencing 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 Tones of any such changes. Significant expansion/additions or modifications must be reviewed and approved by Iglesia Church. 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 , 2014. IGLESIA TRIUNFO CHURCH BY: TITLE: ATTEST: Secretary