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HomeMy WebLinkAboutC2011-216 - 6/28/2011 - ApprovedMEMORANDUM OF UNDERSTANDING (MOU) between The City of Corpus Christi and Destination Bayfront Organization PARTIES This is an agreement between the municipal government for the City of Corpus Christi and Destination Bayfront Organization, a Texas non- profit 501 c(3) . CONTACT INFORMATION Each party will appoint a person to serve as the official contact and coordinate the activities of each organization in carrying out this MOU. The initial appointees of each organization are: For City of Corpus Christi Ron Olson, City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 RonO(a,cctexas. com For Destination Bayfront Organization JJ Hart, organizer Trey McCampbell, organizer 14870 Cobo de Bara PO Box 6469 Corpus Christi TX 78418 Corpus Christi, TX 78466 -6469 361 -446 -9811 361 -215 -2035 i ihart9869@yahoo.com treMc (&americanbank.com DEFINITIONS • "Site" refers to the approximate 27 acres of bayfront property that runs from McCaughan Park to Coopers Alley, including the site of the former Memorial Coliseum, McCaughan Park, Sherrill Park, site of the old City Hall, McGee Beach and associated public parking areas, and the North bound lanes of Shoreline Boulevard • "Phase 1" refers to the PPS community visioning process that resulted in "Placemaking at Destination Bayfront" • "Phase 2" refers to development of a master implementation and phasing plan • "Phase 3" refers to construction of the site HISTORY OF RELATIONSHIP RECITALS: Whereas, community efforts have been ongoing since the closing of Memorial Coliseum in 2004 to develop a suitable use for the 27 acres of bay front property that runs from McCaughan Park to Coopers Alley, including the site of the former Memorial Coliseum, McCaughan Park, Sherrill Park, site of the old City Hall, McGee Beach and associated public parking areas, and the North bound lanes of Shoreline Boulevard; 2011 -216 M2011 -140 06/28/11 Destination Bayfront Org. INDEXED Whereas, the 2008 bond proposal approved by the citizens of Corpus Christi provides for the relocation of the northbound lanes of Shoreline Boulevard, as well as for public amenities and infrastructure, to create a large public space connected to the water, McGee Beach and the Cooper's Alley L -Head as recommended by the City's Bayfront Master Plan, and elements of the City's Comprehensive Plan; Whereas, a grass roots affiliation of citizens known as Destination Bayfront emerged through these discussions focused on developing a process for inclusion of ideas and engagement of the community for the sole purpose of a citizen -driven effort to help move our community forward; Whereas, In June 2010, the City Council of the City of Corpus Christi authorized the Destination Bayfront Organization to conduct public process to engage the citizens of Corpus Christi in developing a vision for the 27 acres of bayfront property as a major destination in Corpus Christi - a gathering place for the people of the City that combines beach, park, cultural and event activities in a unique multi-use, active and inclusive place; Whereas, the Destination Bayfront Organization was assisted by an internationally renowned planning organization known as Project for Public Spaces (PPS) in involving as many stakeholders as possible in developing a concept for the site; Whereas, following the completion of the Destination Bayfront Phase 1 public input process, the City Council of the City of Corpus Christi formally accepted the resulting PPS report called "Placemaking at Destination Bayfront" in December 2010 and endorsed the concepts in the report as the master planning document for the redevelopment of the City's 27 acre bayfront site; Whereas, the City Council requested that the Destination Bayfront Organization work with the City Manager or his designee to implement the concepts in PPS's report, and to develop a master implementation plan and schedule (known as "Phase 2 ") that sets a financially achievable path to turn the Destination Bayfront concepts into a reality; Whereas, the City Council directed the City Manager or his designee to take any actions necessary to assist the Destination Bayfront Organization in implementing the report "Placemaking at Destination Bayfront", and initiate the processes required to include the recommendations of the report as an element of the City's Comprehensive Plan and Master Park Plan; and Whereas, a review of best practices for creating and operating public spaces of the size and scope of the anticipated destination bayfront park in Corpus Christi points to the need for a focused management entity, most successfully structured as a private /public partnership, that maintains public accountability while leveraging the private resources, entrepreneurial spirit, agility and flexibility of a non -profit entity. 2 f Page PURPOSE. The purpose of this MOU is to create the master implementation structure that can realize the City Council's direction and vision laid out in their December 2010 Resolution by formalizing a private /public partnership between the City of Corpus Christi and the Destination Bayfront Organization. Additionally this MOU will delineate the roles and responsibilities of both parties in implementing the project defined by the report "Placemaking at Destination Bayfront" and in setting the stage for sustaining that project once implemented. ROLES AND RESPONSIBILITIES OF THE DESTINATION BAYFRONT ORGANIZATION UNDER THIS MOU The Destination Bayfront Organization shall undertake the following roles and responsibilities for designing and developing the city -owned 27 acre bayfront site: a) Managing project design and planning, starting with developing and administering a Master Implementation and Phasing Plan RFQ process b) Determining priorities for the site development, including a phasing plan and a programming plan c) Developing costs for key physical areas and programming elements d) Estimating an operating and maintenance budget, with delineated expenses e) Identifying sources of operating revenue Create and implement fundraising plan g) Provide initial staffing to support the implementation of the project h) Prior to any allocations of funds, make recommendations to the City Council on the use of 2008 bond funds identified for the provision of park amenities i) Managing marketing and public outreach j) Organizing volunteers k) Coordination with other city initiatives 1) Assist the City's Parks & Recreation with interim program scheduling for public areas within the 27 acre bayfront site including helping promote and recommend interim programming activities m) Destination Bayfront Organization will develop a list of roles and responsibilities that they will perform during Phase 3, including but not limited to construction of the site; City Council will be updated on the list of roles and responsibilities before Phase 3 begins and the MOU will be revised appropriately ROLES AND RESPONSIBILITIES OF THE CITY OF CORPUS CHRISTI UNDER THIS MOU The City of Corpus Christi shall undertake the following roles and responsibilities for designing and developing the 27 acre bayfront site: a) Provide an executive level single point of contact from the City for the Destination Bayfront Organization b) Initiating and managing the process for including the Destination Bayfront project in both the City's Comprehensive Plan and Master Park Plan. c) Determining final Shoreline road design and costs, with consultation of the Destination Bayfront Organization and in consideration of the PPS "Placemaking at Destination Bayfront" report _.- 31Page d) Determining how much of the 2008 bond funding is available for park amenities and infrastructure e) Final Council approval for recommended 2008 bond expenditures from that available funding fl Completing all required site assessments, including but not limited to historical, geological, environmental and utility evaluations g) Continued city commitment for current maintenance and operating services to 27 acre bayfront site, including but not limited to park maintenance, permitting of activities, security, utilities, garbage collection and site insurance h) Coordination with Destination Bayfront project activities TERM OF AGREEMENT. This MOU is effective upon the day and date last signed and executed by the duly authorized representatives of the parties to this MOU and shall remain in full force and effect for the completion of Phase 2, the Master Implementation and Phasing Plan, through Phase 3, construction of the project. The MOU should be reviewed annually to ensure that it is fulfilling its purpose and to make any necessary revisions. This agreement will be replaced with a more detailed contractual relationship between the City of Corpus Christi and Destination Bayfront Organization for the ongoing operations, maintenance and commercial tenant management of the project once the initial phase of construction is complete. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: DISPUTE RESOLUTION. Both parties agree to use third party mediation through a mutually agreed upon mediator to try to informally resolve relationship conflicts or areas of disagreement. MODIFICATION. Either party may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument and effective and signed by all parties to this MOU. SEVERABILITY Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. TERMINATION. This MOU may be terminated, with cause, by either party upon failure to remedy any breach of agreement. The process to remedy a breach of agreement begins with a written notice of cause, followed by a 120 day remedy period. If remedy cannot be achieved or a plan to remedy cannot be mutually agreed upon within that time frame, either party can terminate with an additional 30 days written notice. All written notice shall be delivered by hand or by certified mail to the designated contact person(s) listed in this MOU. 4 Rage SOVEREIGN IMMUNITY. The City of Corpus Christi does not waive its sovereign immunity by entering into this MOU, and fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU. THIRD PARTY BENEFICIARY RIGHTS. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. The parties to this MOU intend and expressly agree that only parties to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this MOU, or to bring an action for the breach of this MOU. SIGNATURES In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the day and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page. DESTINATION BAYFRONT ORGANIZATION BY: I VqSq4 JJ Hart Trey M pbell Organizer Organizer THE CITY OF CORPUS CHRISTI ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: t y MaK&ger / -S/1 - day of June, 2011 1i' st Assistant City Attorney for City Attorney &U. - LLAUTMIAW 80 1M)IMIi..- . 1. ... 51 Page