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Home My WebLink AboutRES 1978-005A RESOLUTION NO. 78-5 -A A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT B�TWFF...N THE CITY OF GRAPEVINE AND THE GRAPEVINE INDEPENDENT SCHOOL DISTRICT FOR THE JOINT DEVELnPMENT OF PARK, PLAYGROUND AND RECREATIONAL. FACILITIES. .� � u1HERF_AS, pursuant to Article 4413(32c) , V.A.T.S. , and p� Article 6O81t , V.A.T.S. , any political subdivision may contract with any other political subdivision located in the same or adiacent counties to establish, maintain, construct , and operate any park and recreation facilities located on property owned or to be acquired by either of the political subdivisions; and WHEREAS , the City of Grapevine and the Grapevine Independent School District arc desirous of jointly developing , operating , and maintaining municipal par_ks and school playgrounds and re- lated recreational facilitiPs on property owned or to be acquizecl �5 , by either o_f the said political subdivisi.ons ; and t�IHEREAS, the City of Grapevine , through its City C�uncil, �; "'� and the Grapevi.ne Independent School District , through its B�ard of Trustees , desire to cooperate with each other in the joint use of City and School District faciliti�s ��r the use, enioyment, and benefit of all citiz�ns ; N06.r, THERF_FORE, BE IT RESOL.VED BY THE CITY COLTN�'II. OF THE CITY OF GRAPEVINE, TEXAS: SECTION l . �1�hat the Mayor, ar in his absence or disahility, the City Manager is hereby authorized to enter into an agreement with thc� Gxapevi.ne Independer_t Scho�l Di.s-tri_ct far the constr_uc- � '"�" tion, o�eration, and maintenance �.f parkfplay�roun� �nd rer.reational faciliti�s on nroPP.rty of each political su'�- y +� division, as more fizlly evidenc.ed by the attachecl contract , which is lal�eleci �x�.i�it "A" . SECTION 2. That the City of Grapevine and the Grapevine Independent School District will work together to jointly � `" develop recreationa� facilities including but not limited to tennis courts , baseb�ll fields , swimming pools , and special .�. activity buil�ings . SECTION 3. That this resolution shall take effect immediately from and after its passage . SECTION 4. T�at the City SecretarlT is hereby authorized to furnish copies of this resolution t� all inte .r.este� parti�s . PASSED AND A.PPROVED this _24th da.y of January , 19 7 8 _� �;,,..�, THE CITY OF GRAPEVINE, TEXAS � , � sY � � __,� �.,.,��--- � -- �. Mayo r ATTEST: _��' . L ;� � 6-_ City� Secre�'ary �'� ,. ,� �� EXHIBIT A STATE OF TEXAS X X COUNTY OF TARRANT X This Agreement made this 24 day of January , 1978 , by and between the City of Grapevine, a Municipal Corporation, incorporated under Article XI, � Section 5 of the Constitution of the State of Texas, hereinafter referred to as "City," and Grapevine Independent Schoo) District, hereinafter referred to as"School District": WITNESSETH: WHEREAS, The Grapevine Independent School District presently maintains and operates approximately six (6) school campuses and plans for more school sites in the future, and WHEREAS, both the City of Grapevine and the Grapevine Independent School District have determined the need for providing certain recreational facilities for schools, as well as for the general public; and WHEREAS, the Grapevine Independent School District, through its Board of Trustees, ' desires to cooperate with the City of Grapevine, Texas, through its City Council, in �, the joint planning, design, construction, financing, and subsequent use of certain recreational facilities for the �njoyment and benefit of all citizens: NOW, THEREF�RE, BE IT AGREED AS FOLLOWS: I. The City, in consideration of the mutual provisions contained herein and of the benefits to be received therefrom, does hereby agree sas follows: A. To construct a joint school playground and municipal park at the Grapevine Middle School site as more specifically outlined in Exhibit B, which is attached hereto and incorporated herein. _ B. Facilities which shall be �:onstructed by the city are lighting of four (4) tennis courts, baseball/softball backstop, picnic units, playground apparatus, turf, 'r'� landscaping, sprinkler system, indentification sign, and any other facil ity deemed feasible by both the Superintendent of Schools and the City Manager. C. To provide routine maintenance during its scheduled time for utilization, including, but not iimited to, turf care program and mowing. D. City shall be responsible for payment of electric utiiity bill for lighting the tennis courts. The District's responsibility shall be as follows: A. To design and construct four (4) tennis courts. B. To provide routine maintenance during its scheduled time for utilization, including, but not limited to, litter pickup. C. School district and city shall share jointly (50-50) the major maintenance of the tennis courts including but not limited to resurfacing the courts, maintenance of nets and fences. 2. FACILITY UTILIZATION: A. The school shall have priority of use from 8:00 a.m. to 4:00 por�. during regular school days. The City shall have priority of use at all other time. B. The Grapevine Parks and Recreation Dept, shall maintain a master schedule in conjunction with the principal at said Middle School for School Districts �, :� �� utilization during normal school hours and City's utilization during non-school � hours. Neither the District nor the City shall have the authority to utilize the facilities during the other entity's scheduled time for utilization without approval of the other entity. C. Both entity's will work to ir�sure adequate usage by the Grapevine High School Tennis Team and Community Education Programs. 3. LIABILITY AND RESPONSIBILITY The City assumes no responsiblity pursuant �o this Agreement for any claims, damages, injuries, law suits, causes of action arising during the time that School District is in session or during the time that School District is using any of the subject facilities. � The City's sole and only resporuibility under this contract occurs during the time that the City is using the subject property. The School does hereby agree to release, relieve, �n ' quit claim, hold harmless, indemnify, and defend at its sole expense the City from any actions, suits, claims, causes of action, damages or injuries arising out of or any way connected with the use of the premises and improvements during the time the School is making use of its facilities. Page 2 - Exhibit "A" The School assumes no respansibility pursuant to this Agreement for any claims, damages, injuries, law suits, causes of action arising during the time that the City has a right to possession of the premises under the Agreement. The School's sole and only p responsibility under this contract occurs during the time that the School is using the subject property. The City does hereby agree to release, relieve, quit claim, hold ��. .. harmless, indemnify, and defend at its sole expense the School from any actions, suits, claims, causes of action, damages or injuries arising out of or any way connected with the use of the premises and improvements during the time the City is making use of the facilities. 4. TERM: The term of this Agreement shall be for a period of one year, beginning from the date of this Agreement but shall be automatically extended for each ensuing year, unless terminated by either party. Either party may termir�ate this Agre�ment by giving the other party at least twelve (12) months notice in writing. ,�, 5. USE OF PREMISES: � The City shall use the facilities for its authorized recreational programs including � use by the general public and for no other program. The District shall use the facilities for its authorized school activities and for no other purpose. 6. DISPOSITION OF PROPERTY: Upon the expiration of this Agreement, al) permanent structures and improvements thereon shall become the property of the District; provided, that the City shall be compensated for the fair market value of said structures and improvements, as determined by two (2) independent fee appraisers, as mutually selected by the City and District. 7. SUBLET OF PREMISES: Neither party to this Agreement shall, without first obtaining written consent � `" of the other party, assign, pledge, or, in any way, encumber this Agreement in whole or in part, or sublet the premises or any part thereof. Page 3- �xhibit "A" 8. This Agreement contains all of the agreements made by and between the parties hereto. . EXECUTED THIS THE 24 day of January A.D., 197 8 . THE CITY OF GRAPEVINE, TEXAS \) ,� - l� . �--n.__ BY: j�'.____�.,� . ��_t _ William D. Tate, Mayor ATTEST: ity ecre GRAP'EVINE INDEPENDENT SCHOOL DISTRICT �... ; . ' BY: �,r, .; Pre ' ent, Boa f Trustees ATTEST: i � �� -�l �� ' ecr ary, Board of Trustees �,_: ' . / ' . 'i_ �• . ' �.� . EXHIBIT B . � ,. , . - 'E._WORTH..SZ'._ �65� � ` - � J �r�p�v_;Y,e_.M�dd►e__Sc{,00�_ g1da�,_ 80' h - �,bw �' � i � zo' �..,I� . , . • h � � r N � s� � N . z - - _ . F Sz � N . Q . . o � - � �ark;�,g l04- �: ,: 3iS� _E._ .CANNav ST. —�: .