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