HomeMy WebLinkAbout026250 RES - 05/10/2005
1
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH FRIENDS
OF THE PARKS, INC REGARDING MEMORIAL TREE AND BENCH PROGRAM
Whereas, the vision of the Friends of the Parks, a Texas nonprofit corporation, is "Green,
lush, tree laden parks that are safe havens for rest and recreation"; and
Whereas, Friends of the Parks focus on local efforts to promote the development of City
parks for our communities in a way that improves the environment, attractiveness and
functionality of parks to meet the diverse needs of the community; and
Whereas, Friends of the Parks emphasizes trees through a Memorial Bench and Tree
program; and
Whereas, all the trees to be planted through the Memorial Bench and Tree program will be
determined by the Parks and Recreation Department and must be 1 Y:," to 2" caliber with
available irrigation systems; and
Whereas, the cost of the memorial benches through the Memorial Bench and Tree program
shall include the concrete pad, constructed in compliance with applicable Federal, State and
Local laws and regulations, and shall be reimbursed to the Parks and Recreation
Department; and
Whereas, parks build cooperation, a strong sense of community, pride and respect and
responsibility, and empowers the neighborhoods to be active participants;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi endorses and supports the efforts of Friends of
the Parks in cooperation with the Parks and Recreation Department in the Memorial Bench
and Tree Program and the organization of neighborhood associations for park development.
The City Manager is authorized to execute an Agreement with the Friends of the Parks, Inc.
for the Memorial Bench and Tree Program. The agreement is attached as Exhibit A and a
copy is on file with the City Secretary.
ATTE~~&~
Armando Chapa
City Secretary
...A..
APPROVED: '3> day of ~
By: ~~ ~
Lisa Aguilar
Assistant City Attorney
for City Attorney
,2005.
May 102005 Friends of the Park MOU.DOC
026250
Corpus Christi, Texas
J ~ Dayof
mT
The above resolution was passed by the following vote:
,2005
Henry Garrett 0.1
Brent Chesney ~
Melody Cooper ~
Jerry Garcia CUr
Bill Kelly ().;.^/-./
Rex Kinnison (lLt
John E. Marez (J)) 10
Jesse Noyola (10L
Mark Scott ~,c
02625()
-.. _._--~
.-
Page 1 of 4
AGREEMENT between CITY OF CORPUS CHRISTI and
FRIENDS OF THE PARKS, INC. regarding MEMORIAL TREE AND BENCH PROGRAM
Whereas, the Friends of the Parks, a Texas nonprofit corporation with mailing address of
, Corpus Christi, Texas, has proposed a Memorial Tree and Bench
Program as a service to the Corpus Christi Parks and Recreation Department;
Whereas, the Memorial Tree and Bench Program ("Memorial Program") allows donors to
contribute funds to the Friends of the Parks, for purchase of trees or benches, for placement
in City parks;
Whereas, through the Memorial Program, tree planting will occur between November and
February;
Whereas, donations less than the cost of a tree and planting shall be accumulated to
purchase a grove of trees;
Whereas, price for memorial park benches and installation shall be determined by the Parks
and Recreation Department;
Now, therefore, this Agreement regarding a Memorial Bench and Tree Program is executed
this day of , May 2005, between the City of Corpus Christi, Texas, ("City") and the
Friends of the Parks, a Texas nonprofit corporation. The City and Friends agree as follows:
A. Friends of the Parks shall:
1. Develop a Memorial Tree and Bench Program donation program for the community
and businesses, whereby donations shall be used for purchase of memorial trees
and benches to be placed in City parks, and the operational costs of the Friends of
the Parks in administering the Memorial Program.
2. Utilize donated funds to purchase trees 1;;''' to 2" caliber in a species specified by
the City Director of Parks and Recreation Department or designee.
3. Agree that tree plantings and bench installations shall only take place in the parks
predetermined by the Director of Parks and Recreation Department or designee.
4. Utilize donated funds to purchase benches as approved by the Parks and
Recreation Department.
5. Provide funding for all aspects of the Memorial Program, including installation
costs, concrete pads, tree purchase, bench purchase, and memorial plaque
purchase.
6. Assist neighborhood groups with development of park issues and master plans.
7. Coordinate programs with the Parks and Recreation Advisory Board.
8. Expand programs and services as Friends of the Parks membership increases
through mutual agreement of the Parks and Recreation Department and Friends of
the Parks.
9. Keep the donor(s) informed of the status of their memorial tree or bench, and
present written quarterly notification to donor of project completion.
10. Provide the City Director with a quarterly statement of total funds donated for the
Memorial Program.
LEG-DIR\Lisa\1800\Park - Memorial Tree & Bench MOU - April2005.doc
EJdt I ~ l'I
It
-
.. ---
-
Page 2 of 4
B. The City, acting through the City Director of Parks and Recreation Department or
designee, shall:
1. Administer the Memorial Program.
2. Determine the location of parks that are available for tree plantings.
3. Plant trees.
4. Perform Irrigation assessment of tree planting sites.
5. Provide water for plant development.
6. Install memorial benches and concrete pads.
7. When neighborhoods call to develop a park, the City shall refer them to Friends of
the Parks for assistance.
8. Assist with Master Planning for neighborhood park development.
9. Keep Friends of the Park President informed of memorial tree and bench
installation dates.
C. Implementation. The City Manager and President of the Friends of the Parks are
authorized and directed to take all steps necessary or convenient to implement this
Agreement.
D. Administrative Services. The City and the Friends of the Parks agree to provide
administrative services necessary to coordinate this Agreement, including providing the other
party with a current list of contact information for each party.
E. Expendinq Funds. Any payment made by the City for any of the costs or expenses that
the City incurs pursuant to this Agreement shall be made out of current revenues available to
the paying party.
F. Term. Once approved by all Parties, the term of this Agreement is May 1, 2005 through
April 30, 2006. This Agreement may be continued for up to five additional one year terms.
However, this Agreement may be terminated with or without cause upon thirty days written
notice to the other party.
G. Severabilitv. If any portion of this Agreement, or its application to any person or
circumstance, shall ever be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be
enforceable in accordance with its terms.
H. Breach. Any breach of this Agreement now or through the term shall render the
Agreement null and void.
I. Notices. Any notice, correspondence or payment made pursuant to this Agreement must
be made by (a) depositing the same in the United States mail, postage prepaid, addressed as
follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a)
shall be effective upon deposit in the United States mail, and the addresses of the Parties
shall, until changed by written notice, be as follows:
To the City:
City of Corpus Christi
City Manager
LEG-DIR\Lisa\1800\Park - Memorial Tree & Bench MOll - April 2005.doc
- -
-
Page 3 of 4
P. O. Box 9277
Corpus Christi, Texas 78469-9277
To the Friends of the Parks, Inc.:
Attn: President
Corpus Christi, Texas 78401
J. Amendments or Counterparts. This Agreement may not be amended except by written
Agreement approved by the City Manager and the President of the Friends of the Parks.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original an dall of which shall constitute but one and the same instrument.
K. Captions. Captions to provisions of this Agreement are for convenience and shall not be
considered in the interpretation of the provisions.
L. Governinq Law and Venue This Agreement shall be governed by the laws of the State of
Texas. Venue for an action arising under this Agreement shall be in accordance with the
Texas Rules of Civil Procedure.
M. Approval. All Parties identified below agree to the provisions and terms of this
Agreement.
FRIENDS OF THE PARKS, INC.
By:
Name:
Title:
Date:
CITY OF CORPUS CHRISTI
By:
George K. Noe
City Manager
Date:
Attest
By:
Armando Chapa
City Secretary
Approved as to legal form:
2005
By:
Lisa Aguilar
Assistant City Attorney
for City Attorney
LEG.DIR\Lisa\1800\Park. Memorial Tree & Bench MOU. April2005.doc
-
- .-'
-
Page 4 of 4
ACKNOWLEDGEMENT
STATEofTEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of April, 2005 by
, President of Friends of the Parks, a Texas nonprofit
corporation, on behalf of said corporation.
Notary Public, State of Texas
Name:
My Commission expires:
LEG-DIR\Lisa\1800\Park - Memorial Tree & Bench MOll- April2005.doc
- ..
_. .-'
-