HomeMy WebLinkAboutRES 1987-053 RESOLUTION NO. 87-53
A RESOLUTION AUTHORIZING THE EXECUTION OF THE
INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND,
AND OTHER RECREATIONAL FACILITIES, AND THE
LEASE AGREEMENT FOR THE MUSTANG DRIVE WATER
, TOWER BETWEEN THE CITY OF GRAPEVINE AND THE
GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL
DISTRICT INVOLVING JOINT DEVELOPMENT AND USE
OF FACILITIES; AND PROVIDING AN EFFECTIVE
4 DATE
WHEREAS, the City of Grapevine and the Grapevine-Colleyville
Independent School District have determined the need for
providing certain recreational facilities for schools, as well as
for the general public; and
WHEREAS, the City of Grapevine and the Grapevine-Colleyville
Independent School District are desirous of jointly developing,
operating, and maintaining municipal parks and school play
grounds and related recreational facilities presently maintained
and operated, and planned in the future; and
WHEREAS, the City, through its Council, desires to cooperate
with the Grapevine-Colleyville Independent School District,
through its Board of Trustees, in the joint use of city and
school district facilities for the use, enjoyment and benefit of
all citizens; and
WHEREAS, the City of Grapevine and the Grapevine-Colleyville
Independent School District are desirous of entering into a lease
agreement relative to the Mustang Drive Water Tower.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1 . That the Mayor, or in his absence or disability,
the City Manager, is hereby authorized to enter into an
Interlocal Agreement for Park, Playground, and other Recreational
Facilities with the Grapevine-Colleyville Independent School
District for the joint development, operation, and maintenance of
municipal parks, school playgrounds and recreational facilities
presently maintained and operated, and planned in the future (a
copy is attached as Exhibit "A") .
Section 2. That the Mayor, or in his absence or disability,
the City Manager, is hereby authorized to enter into a lease
agreement relative to the Mustang Drive Water Tower (a copy is
attached as Exhibit "B") .
Section 3 . That this resolution shall take effect
immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the . 15th day of D _ _ _mh _r , 1987 .
�•�,::,s
APPROVED:
���
Mayor
�
�
ATTEST:
City Secretary
APPROVED AS TO FORM:
��-----.� � `�/
City Attorney
��
EXHIBIT "A" TO
� ' ' ' RESOLUTION NO. 87-53
STATE OF TEXAS �
�
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR PARK,
PLAYGROUND AND OTHER RECREATIONAL FACILITIES
R This Agreement made this �v�- day of �`����, 198�,
by and between the City of Grapevine, a Mun�c�pal Corporati n,
; incorporated under Article XI, Section 5 of the Constitution of the
�' "` State of Texas, hereinafter referred to as the "City" , and
Grapevine-Colleyville Independent School District, hereinafter
referred to as the "District" :
W I T N E S S E T H :
WHEREAS, the District presently maintains and operates
several school campuses, athletic facilities, and playgrounds in
the City and plans for more school sites, athletic facilities, and
playgrounds in the City in the future; and
WHEREAS, the City presently maintains and operates several
parks, athletic facilities, and playgrounds and plans for more
parks, athletic facilities, and playgrounds in the future; and
WHEREAS, both the City and the District have determined
the need for providing certain recreational facilities for school� ,
as well as for the general public; and
WHEREAS, both the City and the District recognize that
school properties and facilities are intended primarily for school
purposes and the educational needs of children are the highest
priority; and
� WHEREAS, the District, through its Board of Trustees,
desires to cooperate with the City, through its City Council, in
the joint planning, design, construction, financing, use and
maintenance of certain recreational facilities for the enjoyment
and benefit of all citizens :
NOW, THEREFORE, for and in consideration of the mutual
promises herein contained, the mutual benefits flowing to both the
City and the District and other good and valuable consideration
recited herein, the receipt and sufficiency of which is hereby
acknowledged, the City and the District do CONTRACT, COVENANT,
WARRANT AND AGREE as follows :
I . 'rhe City owns the parks, athletic facilities ,
playgrounds and other recreational facilities shown on Exhibit A
attached hereto and incorporated herein ( hereafter referred to �
collectively as the "City Property" ) and the District owns the
school campuses, athletic facilities, playgrounds and other
recreational facilities shown on Exhibit B attached hereto and
incorporated herein ( hereinafter referred to collectively as the
"District Property" ) .
II . The City shall be entitled to priority use of the
District Property upon the approval by the District of a schedule
�"�'� of City activities and
programs. A schedule of City activities and
programs shall be submitted annually for approval to the District
by the City, substanti.ally in the same form as shown in Exhibit C
attached hereto and incorporated herein, no later than August 15th
of each year. The District shall approve the schedule as
INTERLOCAL AGREEMENT FOR PARK, PL
AYGROUND AND OTHER
RECREATIONAL FACILITIES - PAGE 1
. 1 ,
submitted, or with any modifications deemed necessary by the
District, no later than September 15th of each year. Jse of the
District Property by the City for activities not approved on the
schedule sha.�l be allowed only when available.
III . The District shall be enti.tled to priority use vf
the City Property upon -the - apprava�l by- thE City of a schedule of
.. . -
District ac:�i:�ti��_es�_��.d._,_�p�9gz-a�s.� ,A .,:schedule___, of Distr� ct
activiti�es and programs shall be submitted annually for approval to
- the City by the District, substantially in the same form as shown
in Exhibit D attached hereto and incorporated herein, no later than
August 15th. ` The City stiall approve the schedul�e as submitted, �^or
with any modifications deemed necessary, no later th�an
A' September 15th. Use of the City Property by the District for
activities not approved on the schedule shall be allowed only when
avaiTable.
IV. As to the Grapevine Middle School tennis courts ,
constructed in accordance with an agreement between the City and
the School District, dated January 24, 1978,- in which the Sch��1
, Distri-ct constructed two cou_rts and the� .City installed the light ing
for the Courts, the following special conditions exist:. - �... �
A. The School District will provide routine
maintenance during its scheduled time of utilization,
including,- but- not limite� ta, litter- pickup. The :Gity
-- � -- '--wi-11 provide routine mair�ten��ce- duran=g. its =schedu-led time
of utilization, including, but not limited to, a turf care
program and mow'ing. The Gi�y will. b_e re.sponsible for._ the
' - payment of electric utility - =bills far tennis � GQ�t
lighting . Major maintenance, that costing over �5,000 . 00
per repair, will be the joint responsibility ( 50�/50$ ) of
t_he School Distract and. the Ci_ty. - : _ � ._ _ - .� �
_ . _ . _ . . _
. � B. The ScYiool Dist-�-i-ct w_i-11- -ha�e. priority use �f
the tennis courts from 8 :00 a .m. to 4 : 00 p .m. during
regular school days. The City will have priority use at
all other times; provided, however , that the School
District will submit , in accordance with Paragraph III of
� this agreement , a schedule of Community Education programs
to be held during the City ' s usage hours .
V. With respect to the District Property, the City does
hereby agree to indemnify and hold harmless and defend at its so12
expense the District from any claims, damages, injuries, law suits,
or causes of action arising out of or in any way connected with the
use of the District Property during the time the City is in
possession of the Distri.ct Property. All structural damage to the
District Property shall be the responsibility of the City if the
damage occurs during the time the City is in possession of the
District Property.
VI . With respect to the City Property, the Distri.ct
assumes no responsi.bility pursuant to this Agreement for any
claims, damages , injuries or law suits, or causes of action arising
from use of the property. It is further understood and agreed that
the District assumes no responsibility pursuant to this Agreement
�,;;-, for any design or construction defects of the City Property or for
any claims, damages, injuries, law suits, or causes of action
caused by or arising out of the defects. Except for acts of
�.:�
negligence of the District invoTving a motor vehicle, the City does
hereby agree to indemnify and hold harmless and defend at its sole
expense the District from any claims, damages, injuries, law suits,
or causes of action arising out of or in any way connected with any
design or construction defects or with the use of the City
i Property.
I
jINTERLOCAL AGREEMENT FOR PARK, PLAYGROUND AND OTHER
RECREATIONAL FACILITIES - PAGE 2
�'� , .
`
VII . The City shall be responsible for maintaining the
City Property shown on Exhibit A. The District shal�l be
responsible for maintaining the District Property shown on Exhibit
B, except that the City shall be responsible for maintaining the
Distr�ct Property and Equipment specified in Exhibit E attached
hereto and incorporated herein. The parties agree that upon the
termination of this agreement, all the property and equipment
listed in Exhibit E will remain District property, and the District
w�ll assume responsibility for all maintenance and renovation.
VIII . The parties agree that for all scheduled School
District act�vities on City property, and for all scheduled City
act�vities on School District property, a representative of the
sponsoring party will be in attendance. The parties further agree
that maintenance of facilities immediately after scheduled events
will be the responsibility of the sponsoring party, unless
otherwise agreed by notation on the submitted schedule .
IX. The School District Superintendent or his designate
and the City Manager are authorized to make changes to the attached
Exhibits as necessary, with notice to the other party.
X. The City shall use the facilities for its authorized
recreational programs, including use by the general public, and for
no other purposes. The District shall use the facilities for its
authorized school activities and for no other purposes.
XI . The term of this Agreement shall be for a period of
one year, beginning from the date of this Agreement, but shall be
automat�cally extended for each ensuing year, unless terminated by
e�ther party. E�ther party may terminate this Agreement by giving
the other party at least six ( 6 ) months n�tice in wr�ting .
XII . Neither party to this Agreement shall, without first
obtaining wr�tten consent of the other party, assign, pledge, or,
in any way, encumber this Agreement, in whole or in part, or sublet
the prem�ses or any part thereof .
XIII , This Agreement contains all of the agreements made
by and between the parties hereto.
EXECUTED this ���"day of ���� 1-��'yti,�j,�� , 198�.
CITY OF GRAPEVINE T XAS
B
i�layor f� (rS-���
ATTEST:
���
City Secret ry
GRAPEVINE-COLLEYVILLE INDEPENDENT
SCHOOL DISTRICT
' � � �'� .
..
B Y= : ,� � `-�`�=�.u�v� J
Pr�sident, Board of Trustees
ATTEST :
Secretary, Board of Trustees
INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND AND OTHER
RECREATIONAL FACILITIES - PAGE 3
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EXHIBIT "B" TO
� � ' RESOLUTION NO. 87-53
_ .._ ::LEASE AGREEM�NT �;. _... _ . _ ___ � - - - -
STATE OF TEXAS §
. :_ : . § KNOW �ALL_ MEI�I- BY THESE PRES.ENTS :` _ _
COUN.T_Y �OF- _TARRAI�T , ., .-§ � :_ " :. _ - _ - _ _ -. _ :�
� _ ,.. . , ,. . _ ._, .,..
_. _ _ ., , _ _ _ _ _
_ ,. , _ - ` _, . _ _ _.. _ _ .. _ .
.. _ _ . _. _. _ _ _ . �_
-This Agreement of: Lease is _m.ade _and �enterec� i�nto. thi_s � day
_ . ., � _ ,. .
of, �ml�cinl.�1-P,��► `. 1987 by and_� betweeri_ the Cit�t of _Grapev.ine, ,a
municipal carporation _incor-pc�rated -under Art. XI, Sec. 5 o£_:�he
; Constitution of the State of Texas, (hereinafter referred to as the
"City" ) , and Grapevine-Colleyville Independent School District,
( hereinafter referred to as the "District" ) ;
� I . DESCRIPTION l�
The District presently owns an approximate 28 . 26 acre tract
of land in the City located adjacent to the District ' s maintenance
_ . _ . _ .
service warehouse ._�facil.it.y �.nd� ttie . Mus.tariq Stadium, as: mo_re
� . . .. . .._-• - -- . _ _ _ _ . .. , .. . _ .. . _ _
particularly described in Exhibit "A" attached hereto �and
, incorporated herein, of which _ .the District has dedicated to the
City an approximate . 253 acre tract of :land f-or a water tower and
, _ _ _ ._ .
utility e.asemerit; (h�r�inafter: zeferred to as tfie "property" ) , as
shown on the final plat for the Education Center Addition approved
by the City of Grapevine on September 18, 1984 , a copy of which =i:s
attached hereto as Exhibit "B" and incorporated herein. The City
has constructed on the property a hydropillar style one million
gallon overhead water storage tank, ( hereinafter referred t� as
"water storage tank" ) , which water storage tank is owned by the
City. The interior of the water storage tank is physically divided
by a wall into northern and southern sections, with each section
having its own separate entrance. The District leases from the
City, and the City leases to the District, the northern interior
section of the water storage tank .
II . TERM OF LEASE
I This Lease shall continue until it is terminated by either
I party upon giving written notice to the other party, six ( 6 ) months
in advance, of its intention to terminate this Lease.
i III . RENTAL
��
; The rental for this Lease is the sum of �1 .00 per year
�� payable on the first day of July each year during the term of this
i
� Lease.
� ,
LEASE AGREEMENT - PAGE 1
IV. USE OF PREMISES BY THE CITY
The City shall have the sole use of the interior of the
southern section of the water . storage tank with entr�nc.e ther��o
.., _ .. _ _ ._.__ _
solely from �he door on the south side. The City shall have accass
to the water storage tank from Mustang Drive. The City shall 'nave
access to� the xnterior - of_.the northern- sec�ion: of the water stor��e
tank when express permission in .writing:. is-.given .to the_ E.ity b�; the
District. The City shall at its own expense be entitled. to install
on its side of the water tower a radio control room. It is
understood and agreed that property located within the easement m-ay
not be used for outside storage purposes.
V. USE OF PREMISES BY THE DISTRICT
, The District shall have the sole use of the interior of the
northern section of the water storage ta�k with entrance thereto
solely from the door on the north.: side : :The District shall have
access to the water storage tank from the parking lot of Mustang
Stadium.: - The District shall have no , access to the inte�io�r of the
Southern _ sect:ion of the water stor�ge . tank uniess - express
�ermission in writing is given to the District by : the City. The
District shall be entitled to insta�l. or to have. installed at its
own expense, in a manner mutually agreeable to the City and the
. District and in compliance with all Federal Aviation Administration
and City_ regulations, a radio antenna and cable for use by the
District , which antenna- and cable shall. be .maintained and kept in
good repair by the District at its own expense._ It is understood
and agreed that property located within the easement may not be
used for outside storage purposes.
VI. MAINTENANCE AND REPAIR BY THE CITY
The City shall, at its own expense, maintain and keep in good
repair the exterior of the water storage tank, except for any
structures or fixtures approved by the City to be installed by or
� on behalf of the District. The City shall, at its own expense,
'; maintain and keep in good repair and be responsible for the
security of the interior section of the water storage tank . The
City shall, at its own expense, seed the property and shall
�,�.:,�
construct an improved driveway across the property to each entrance
i.n a manner mutually acceptable to both the City and the District .
The City shall, at its own expense, maintain and keep in good
� repair the driveway access from Mustang Road to the south side of
I
the water storage tank . The City shall at its own expense maintain
�'i and keep in good repair that portion of the property south of the
�
�' LEASE AGREEMENT - PAGE 2
existing chain link. f.ence__located on _the property except that the
District shall at its own expense maintain, water, and mow the
grass or other vegetation on t�e- property: -
- . _ . _ VII . MAINTENANCE :AND. REPA3R BY::THE DIS`�RICT " . = . ___ _
� The Distr:iet shali., at_ its� own expense:,� maintain ; a�d keep:a n
good repair the interi.or section of the water storage tank to which
it has_ sole possession and the drivewa�t aecess- from the� parki.ng l.ot
of Mustang Stadium to the north door of the water storage tar.k .
i
The District shall, at its own expense, lock the interior section
of the water storage tank to which it has sole possession. The
District shall, at its own expense, maintain, water and mow the
grass or other vegetation on..the propertX. _ _The,_District shall, at
its own expense, maintain the existing chain link fence located on
the property and that portion of the property north of the chain
lin}c fence. - _ � .
VII . STRUCTURAL CHANGES - �_ : � ._
! T�e _ District - shall not make any structura3 �- cha�g�s ,
alterations or additions to the inte.rior or exterior of the wa�e�
, storage tank without the prior approval : of the City. Any and all
structural changes, alterations or addztions approved by the City
_r shall be maintained and kept in good repair by the District . �
� IX. ASSTGNMENT OR SUB-LEASE
� Neither party to this Agreement shall, without first
obtaining written consent of the other party, assign, pledge ,
I sub-lease, or in any way encumber this Agreement in whole or in
� part, or sublet the premises or any part thereof . Any subletting
'; or assignment shall not relieve the District of its obligations
i
under this Agreement .
i
;
! � X. DISTRICT' S DEFAULT
I
,
� If the District fails for any reason to perform any provision
i . of this Lease Agreement, this Lease may be terminated by the City
I� if the default continues for a period of thirty ( 30 ) days after the
� City notifies the District of the default and of its intention to
I :::.,��;�:
� declare this Lease terminated. Upon termination of this Agreement ,
i the City shall have the right to resume possession of the
�; property. If this Lease should be terminated, the District agrees
I
'�� to immediately and peaceable vacate the property. City reserves
', unto itself all remedies necessary to enforce the provisions of
� this paragraph.
I
� LEASE AGREEMENT - PAGE 3
i
XI .
The District acknowledges, agrees and understands that the
interior of the water storage tank is subject to constant
condensation and potential flooding and that an antenna or cable
attached to the water storage tank could be struck by l�ghtning .
The District hereby accepts the condition of the interior of the
water storage tank "as is" and agrees to assume liability for
personal property stored in the interior section of the water
storage tank and for damage to any cable it may install on the
water storage tank . The City agrees to indemnify, save and hold
harmless and defend the District against any and all costs,
attorney' s fees incurred by the District, liability, claims,
demands and lawsuits for damages of any and every kind and for
injury to or death of any person or persons and for damage to or
loss of property, except property stored by the District in the
storage area or any cable installed by the District, arising out of
or attributable to, directly or indirectly, the operation or use of
the premises . Except for acts of negligence of the District
involving a motor vehicle, it is the intention of the City that
this indemnity shall apply whether or not the liability, claims,
demands or lawsuits arise from the negligence of the District .
XII . PARTIES BOUND
This Agreement shall be binding upon the successors and
assigns of both parties in like manner as upon the original
parties. This Agreement contains all of the agreements made by and
between the parties hereto.
Executed this the day and year first above written.
r
DISTRICT Grapevine-. � lleyv ' �le^�� e endent School District
�� ����� � r��/�� �'� J .
Presid t, Board of Trustees
/°
At est: ` / ^
,- � � ..
y
�'v / W�%G�'
Secretary
CITY Cit of Grap i e
C�2i2�
y �
M a o r f�,i �_5' `��j
Attest :
-�-CCGc/
cretary
LEASE AGREEMENT - PAGE 4