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HomeMy WebLinkAboutC2005-220 - 5/10/2005 - Approved 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 P.O. Box 2993, Corpus Christi, Texas, 78403, has proposed a Memorial Tree and Bench Program as a service to the Corpus Christi Parks and Recreation Department; Whereas, the Memodal 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 I ~¢ , 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 1½" 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, memorial plaque purchase. 6. Provide replacement funding from donors for any trees or benches damaged by weather, disease or vandalism; 7. Assist neighborhood groups with development of park issues and master plans. 8. Coordinate programs with the Parks and Recreation Advisory Board. 9. 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. 10. Keep the donor(s) informed of the status of their memorial tree or bench, and present written quarterly notification to donor of project completion. 11. Provide the City Director with a quarterly statement of total funds donated for the M~mnri~l Pronr~m 2005-220 05/10/05 Res026250 Jncil Meetings~005\05-10-05\Memoria~ Tree & Bench MOU - May 2005.doc Friends of the Parks Page 2 of 4 B. The City, acting through the City Director of Parks and Recreation Department or designee, shall: 2. 3. 4. 5. 6. 7. Administer the Memorial Program. Determine the location of parks that are available for tree plantings. Plant trees. Perform Irrigation assessment of tree planting sites. Provide water for plant development. Install memodal benches and concrete pads. When neighborhoods call to develop a park, the City shall refer them to Friends of the Parks for assistance. Assist with Master Planning for neighborhood park development. Keep Friends of the Park President informed of memodal 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 P. O. Box 9277 Corpus Christi, Texas 78469-9277 H:\PR-DIR\SHARED~AGENDA ITEMS\Council Meetings~005\05-10-05\Mernorial Tree & Bench MOU - May 2005,doc Page 3 of 4 To the Friends of the Parks, Inc.: Attn: President Sandra Billish P.O. Box 2993 Corpus Christi, Texas 78403 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 and all 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 adsing 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. S a"nd ra Billish President Date: CITY OF ~ORPUS CHRISTI City Manager Date: Attest By: Armando Chapa City Secretary Approved as to legal form: By: ~4~z ~/~J2~ Lisa Aguilar /~) Assistant City Attorney for City Attorney lC 2005 ACKNOWLEDGEMENT H:\PR-DIR\SHARED~AGENDA ITEMS\Council Meetings~005\05-10-05\Memorial Tree & Bench MOU - May 2005.doc Page 4 of 4 STATE of TEXAS COUNTY OF NUECES This instrum,~en.t was acknowledged before me on the ~ I-~ day of May, 2005 by j.~ ~x~¢.,.~ ~ , President of Friends of the Parks, a Texas nonprofit corporation, on behalf of said corporation. Notaw~Public, State of Texas Name: ~ P.~ My Commission expires: 3, ' ¼- -~.~ ~ ~ H:\PR-DIR\SHARED~AGENDA ITEMS\Council Meet~ngs~005\05-10-05\Memodal Tree & Bench MOU - May 2005.doc