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R-2013-208 2013-12-16RESOLUTION NO. R2013-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT ASSOCIATED WITH THE VETERANS SPORTS COMPLEX. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and Pearland Independent School District, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with Pearland Independent School District. PASSED, APPROVED and ADOPTED this the 16th day of December, A.D., 2013. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2013-208 Exhibit "A" INTERLOCAL AGREEMENT BETWEEN PEARLAND INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PEARLAND REGARDING THE VETERANS SPORTS COMPLEX This Interlocal Agreement regarding Use of the Veterans Sports Complex (this "Agreement"), is made and entered into as of the 16th day of Dec • , 2013 by and between the PEARLAND INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, (the 'District") and the CITY OF PEARLAND, TEXAS, a Texas Municipality , (the "City"). RECITALS WHEREAS, Both parties desire to enter into this Agreement in accordance with the provisions of the Interlocal Cooperation Act, being Chapter 791 of the Texas Government Code; and WHEREAS, The City and the District share similar objectives as both are serving a common base oftaxpayers;and WHEREAS, By working together, both entities are able to provide their taxpayers with more efficient and cost-effective programs and services; and WHEREAS, Based on the City's beliefs, the Pearland Parks & Recreation Department is dedicated to promoting a higher quality of life for City and District residents through life- enriching programs, developed parks and well maintained facilities that are safe and accessible to all, and the District supports the City in such endeavors; and WHEREAS, The District owns the Veterans Sports Complex ("Facility"), the entirety of which is currently not required for District use; therefore, the District desires to allow the Facility to continue to be used for governmental purposes by the City. NOW, THEREFORE, in consideration of the promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. District Responsibilities a. The District shall allow the City to use, maintain and manage t h e Facility, which shall include certain areas depicted on Exhibit "A" attached hereto: 1. Baseball field 2. Softball field 3. Two practice fields 4. Concession/Restroom building(s) 5. Parking facilities b. Upon receipt of the insurance certificates required in this Agreement, the District will provide the City complete access to the Facility, including, but not limited to, keys for access to the concession/restrooms, storage structures and lighting control panels. c. The District shall continue to use of the Facility in accordance with the following guidelines: 1. A total of four (4) weekends (Thursday -Saturday) each year as follows: use of the softball field for two (2) weekends each year; and use of the baseball field for two (2) weekends each year. On or before September 30`h of each year of this Agreement, the District shall provide the City with written notice of the four (4) weekends that the District plans to use the baseball and softball fields for the next school year. 2. Use of the softball field each Monday during the months of September through December. 3. Use of the baseball field on Monday through Friday from 2:30 pm until 5:30 pm during the months of January through April. 4. The District shall be responsible for field preparation and clean-up (i.e., chalking and dragging) following use by the District. 5. The District shall be responsible for custodial clean-up of the Facility following use by the District. 2. City Responsibilities a. Subject to the District's continued use as described herein, the City shall have the right to use the Facility for recreational or civic purposes. b. The City shall provide all utilities (water, sewer, gas, and electricity), custodial services and supplies, and all maintenance and repairs for the Facility. Maintenance of the Facility shall include, but not be limited to mowing, fertilization and pest control for the Facility. Prior to the effective date of this Agreement, representatives of the City and District shall perform an inventory of the Facility to identify the condition of the existing Facility equipment and fixtures. During the Term of this Agreement, the City shall be responsible for the costs of maintaining and repairing all Facility equipment and fixtures. The City further agrees that, at the conclusion of this Agreement, the Facility equipment and fixtures shall be in substantially the same condition as they were on the effective date of this Agreement. c. The City shall manage all scheduling of the Facility with user groups; including use by the District. d. the Facility equipment equipment shall have agreement party. The City shall not remove any District equipment or property from without the written permission of the District. The City may use District only if prior arrangements are made with District staff. All property and belonging to the City shall remain the City's property, and the City the right to remove the same at any time during the term of this or within 30 days following the termination of this Agreement by either e. The City's Parks Rules shall be enforced at the Facility, and the City shall comply with all applicable state laws regarding the use of tobacco products and/or alcoholic beverages at the Facility. f. The City shall at all times comply with all applicable fire and safety regulations of the City of Pearland, and the State of Texas during the City's use of the Facility. g. The City agrees, to the extent allowed by law, that it shall defend, hold harmless and indemnify the District and its employees from any and all demands, claims, losses, suits, actions and legal proceedings brought against it arising from the City's use of the Leased Premises. h. Prior to the City's occupancy of the Facility, the City shall provide a certificate of general liability insurance to the District evidencing coverage in the amount of$1,000,000 per occurrence/$2 ,000,000 aggregate, naming the Pearland Independent School District as an additional insured and including a waiver of subrogation in favor of the District. The City shall be responsible for insuring its own personal property, contents and employees (including workers' compensation), and the District shall have no liability or responsibility for City property or employees. 3. Consideration The City's willingness to operate and maintain the Facility, at the sole cost of the City, shall be sufficient consideration for this Agreement, and is further evidence of the mutual benefits conferred herein. In the event the parties wish to renew this Agreement, the terms of said renewal shall be subject to renegotiation at that time. 4. Right of First Refusal. The District hereby grants unto the City the exclusive and irrevocable right, during the term of this Agreement, of first refusal and first option to lease, upon newly negotiated terms, the District's undeveloped property located between the Facility and the railroad "Additional Property", and as shown on Exhibit "A" attached hereto. The right of first refusal option to lease may only be exercised by the City within thirty (30) days from notification by the District that the District desires to sell or lease the Additional Property. 5. Term. This Agreement shall commence on January 1, 2014, and shall terminate on the last day of September, 2024, unless terminated earlier pursuant to other provisions of this Agreement, or extended by mutual agreement of the governing bodies of the City and the District. Notwithstanding anything to the contrary in this Agreement, either party may terminate this Agreement earlier, without penalty, upon 120 days written notice to the other Party, in which event, the lease payment for the last month shall be prorated. Early termination for default shall be governed by the terms of Section 6 of this Agreement. 6. Default. The City and its Parks & Recreation Department shall comply with all District policies, state and federal laws and regulations pertaining to District property. Violations of any applicable policies, laws and regulations shall constitute a default, and this Agreement may be terminated upon 60 days' notice. Before the failure of any party to perform its obligations under this Agreement shall be deemed a breach, the party claiming such failure shall notify, in writing, the party alleged to have failed to perform and shall demand performance. No breach of this Agreement may be found if the alleged default has been corrected within 30 days of the receipt of such notice. 7. Notices. To be effective, notices provided under this Agreement must be in writing, and shall be deemed to have been received for all purposes upon the earlier to occur of (a) actual receipt by any reasonable means, or (b) three (3) days after the same is deposited by U.S. certified or registered mail, return receipt requested, and addressed as follows: If to the District: If to the City: Dr. John P. Kelly Superintendent of Schools 1928 N. Main Pearland , TX 77581 Michelle A. Smith Director, Parks and Recreation 3519 Liberty Drive Pearland, TX 77581 7. Assignment. The City shall not have the right to sublease any portion of the Leased Premises or assign this Agreement in whole or in part. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. Pearland ISD City of Pearland, Bill Eisen t: City :' ' earla "Secre, ng Ling 12-16-2013 Date 12-16-2013 Date