HomeMy WebLinkAboutC2017-162 - 4/25/2017 - Approved WESTHAYEN PARK AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI
AND
WEST OSO INDEPENDENT SCHOOL DISTRICT
This Interlocal Cooperation Agreement ("Agreement") is entered into by and between
City of Corpus Christi, Texas, a political subdivision of the State of Texas, herein"City"
and West Oso Independent School District ("West Oso I.S.D."),. an independent school
district and political subdivision of the State of Texas, ;under the authority and in
accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas
Government Code.
WHEREAS, Texas Government Code,Chapter 791, authorizes local governments of the
state to enter into contracts for governmental functions and services to increase their
efficiency and effectiveness,
WHEREAS, City owns property located near intersection of Cliff Maus Road at
Rockford Road known as s Westhaven Park, ("Premises,");
WHEREAS, the City and Nueces County have entered into an interlocal agreement to
enhance the Premises with recreational facilities ("Improvements");
WHEREAS, the West Oso T.S.D. desires to use the Premises for its sports and school-
related activities,upon completion of the Improvements;
WHEREAS, the City desires to promote its public purpose of public:recreation and
allow West Oso I.S.D. to use the Premises for activities;
WHEREAS, the City and West Oso I.S.D. will derive a mutual benefit from this
agreement as West Oso I.S.D. will have use of the recreational facilities, City will be
relieved of some maintenance activities on the Premises;
WHEREAS, the City will continue to be able to use the Premises and related
Improvements and:the Premises will continue to be available to the public when no West
Oso I.S.D. organized activities are scheduled;
NOW THEREFORE, the City and West Oso I.S.D., ih consideration, -of the mutual
promises and covenants herein, agree as follows:
1. Term. Subject to the remaining terms and conditions hereof,the original term
of this Agreement is three (3) years,beginning on the date of the City's
delivery of written confirmation of completion of Phase 1 to West Oso I.S.D.,
unless sooner terminated as set out herein. The Agreement may be extended
by mutual agreement of the parties.
2017-162
4/25/17
Res. 031123
West Oso ISD
INDEXED
2. Contact Person/Agreement Administrator. For this Agreement, the contact
person and Agreement administrator for the City is the Director of Parks and
Recreation or designee, ("Director"). The contact person and Agreement
administrator for West Oso I.S.D. is the Superintendent of Schools or
designee("Superintendent").
3. Premises and Improvements. City agrees to allow West Oso I.S.D. use of the
Premises, as described and delineated in Exhibit A, the site map which is
attached heretoand incorporated herein to this Agreement-by reference, and
all improvements ("Improvements") to the Premises including, without
limitation, the basketball court, the grassed areas, and also use of future
improvements, including but not limited to Phase 1 and Phase 2
hnprovements, to be constructed on the.Premises as described and delineated
in Exhibit A. The parties acknowledge that additional playground equipment
will be installed in lieu of the Phase 2 parking areas and that Phase 2 will not
include any parking improvements. The City shall ensure that all
Improvements are in compliance with law, including the American
Disabilities Act, federal, state, and local laws, regulations, orders and
ordinances. The City may implement additional changes to Phase 2
Improvements, which will be reviewed with West Oso I.S.D. prior to
implementation. The parties acknowledge that the City's completion of the
Phase 2 Improvements is subject to the City's annual budgetary process, and
its agreement with the County.
4. Consideration. West Oso I.S.D. may use the Premises for sports and school-
related activities and must maintain those areas of the Premises as described
herein. Maintenance includes:
a. During its school year, on the days when school is in session (and
excluding school holidays, breaks, and weekends), West'Oso I.S.D. shall
pick up and properly dispose of litter on a daily basis from the Premises
including the parking lots) whenever:the Premises are being used by West
Oso I.S.D. and weekly during the rest of the school year. West Oso I.S.D.
shall pick up and properly dispose of litter immediately after any West
Oso I.S.D. scheduled activity. The frequency of West Oso I.S.D.'s
removal of litter will be reviewed by the school district on a quarterly
basis;
b. West Oso I.S.D. will report any vandalism identified by West Oso I.S.D.
to the Director;
c. West Oso I.S.D. will supplement the City's mowing schedule by mowing
it while the turf is being. established :(during the school year) and each
March, April, May (until the end of the school year), August (upon the
start of the school year), September, and October by mowing every-other-
week (alternating to supplement the City's mowing schedule), and as
needed as determined by West Oso I.S.D. in November, December,
January and February;
d. Recommended length of grass in sports fields is three(3)inches in height.
The grass in the adjacent viewing/access areas at a safe height
recommended not to exceed six(6)inches.
Page 2 of 8
5. Duties of City. The e City shall have the following duties:
a. The City shall maintain the Premises at a Level B status as shown on
Exhibit B,providing West Oso I.S.D.,within two weeks of final approval
of this Agreement,with a schedule for the alternating supplemental
mowing provided by West Oso I.S.D.
6. Joint Use. City retains joint use of the Premises arid Improvements during the
term of this Agreement, subject to West Oso I.SD.'s right to exclusive control
of the Premises during its sports and school-related activities. West Oso
I.S.D. will provide the City with a schedule of its scheduled sports and school-
related activities on or before August 31st each year. West Oso I.S.D.will not
deny access to or use of the Premises or areas of the Premises to the general
public for unorganized activities when the Premises or those areas are not
being used by West Oso I.S.D, City reserves the right to schedule organized
sports activities on the Premises, subject to West Oso I.S.D.'s first right of
use. West Oso I.S.D. shall provide City through its Director with notice of all
West Oso I.S.D. scheduled activities.. West Oso I.S.D. school-related sports
activities shall take precedence in scheduling. Secondary to West Oso I.S.D.
activities, all City scheduled events shall take priority. However, City will
endeavor to resolve any scheduling conflicts so as to avoid
cancellation/rescheduling of any event.
7. Primary Purpose, West Oso I.S.D. will use and maintain the Premises as a
recreational area open to the general public except as set out above with the
primary purpose being the youth programs in the form of school-related sports
activities: "School-related sports activities" include any school sponsored
sports event wherein school faculty and/or employees in their school
employment capacity are responsible for or facilitate the sports event. " Any
fees charged to sports organizations must be in accordance with Chapter 316
of the Texas Local Government Code, any subsequent amendment thereof. In
particular no fees shall be charged to.a sports team composed primarily of
minors and sponsored and supported by a nonprofit organization for use of the
sports fields or basketball court. No fees shall be charged for use of the
restroom facility, water for human consumption, or an entrance fee to the
Premises. An entrance fee to scheduled West Oso I.S.D_. sports games or
West Oso school-related sports activities if otherwise allowed by law is
permissible. With the exception of the scope of the agreement with West Oso
I.S.D., the City will not lease or enter into any agreement for the practice
fields' for use by any organization for league games or a tournament. The
park will remain a regular public park and open for use by the general public
at times of non-use by West.Oso I.S.D.
8. Additions and Alterations.
a. West Oso T.S.D. shall not make any additions or alterations to the
Premises or to any Improvements without the Director's prior written
approval.
b. All additions or alterations installed:by West Oso I.S.D. must be repaired
or replaced at West Oso I.S.D.'s expense and may be removed by West
Oso I.S.D. at the expiration or termination of the Agreement if they may
Page of
be removed without damaging the Premises or any Improvements. All
additions or alterations made by West Oso I.S.D. which arenotremoved
at the expiration or termination of this Agreement become the property of
City without necessity of any legal action.
9. ' Utilities. City shall pay for the utilities to the Premises.
10. Signs.
a. West Oso I.S.D. must not exhibit, inscribe, paint, erect, or affix any signs,
advertisements, notices, or other lettering (Signs) on the Premises or on
any Improvements without the Director's prior writtenconsent..
b. If Signs are approved, the Director, in writing, may require West Oso
I.S.D. to remove, repair, or repaint any Signs. If the Signs are not
removed, repaired, or repainted within ten (10) days of the Director's
written demand, the City may do or cause the work to be done, and West
Oso I.S.D.must pay the City's reasonable and costs within thirty(30)days
of receipt of Director's invoice. Failure to pay the City's cost within(30)
days of receipt of the invoiceconstitutes grounds for termination of this
Agreement. Alternatively,the City may elect to terminate this Agreement
after thirty(30) days written notice to West Oso I.S.D.
11. Advertising. The Director has the right to prohibit any advertising by West
Oso I.S.D. which impairs the reputation of the Premises or the City.
12. Insurance. West Oso I.S.D. shall maintain its regular coverage during the
time of this Agreement. The City is self insured.
13. Report. West Oso I.S.D. will submit to the City a yearly report detailing its
use of.the Premises, expenses related to the Premises, and various fees
collected. The City will submit to West Oso I.S.D. a yearly report detailing.
the use of the e P remises, expenses related to' the Premises, and various fees
collected.
14. Non-Discrimination. West Oso I.S.D. shall not discriminate .nor permit
discrimination against any person or group or persons, as to employment for
purposes of this Agreement and in the provision of services, activities;and
programs, on the grounds, of race, religion, national origin, sex, physical or
mental disability, or age, or in any manner prohibited by the laws of the
United States or the State of Texas. The City shall not discriminate nor permit
discrimination against any person or group of persons, as to employment for
purposes of this Agreement and in the provision of services, activities, and
programs, on the grounds of race, religion, national origin, sex, physical or
mental disability, or age, or in any manner prohibited by the laws of the
United States or the State of Texas.
15. Compliance with Laws.
a. West Oso I.S.D. and the City must comply with all Federal, State, and
local government laws, rules, regulations, and ordinances, which may be
applicable to its operation at the Premises and its performance under this
Agreement.
b. All actions brought to enforce compliance with any law or to enforce any
provision of this Agreement will be brought in Nueces County where this
Agreement was executed and will be performed.
Page 4 of 8
16. Immunity .
Nothing herein shall be construed as a waiver of the City's.or West Oso
I.S.D.'s. governmental: and sovereign immunity, Title 5 of the Texas Civil
Practice and Remedies Code, Section.101.051 of the Texas Civil Practice.and
Remedies Codes as, to West Oso I.S.D., and all applicable federal and state
law.
West Oso I.S.D. is an independent school district organized pursuant to
Section 11.011. of the Education Code and as such,.is immune from tort
actions, except those arising from the use of a motor vehicle in accordance
with Section 101.051 of the.Texas Civil Practice and Remedies Code.
17. No debts. West Oso I.S.D. shall not incur any debts or obligations on the
credit of City during the term of this Agreement. The City shall not incur any
debts or obligations on the.credit of West Oso I.S.D during the term of this
Agreement.
18. Fiscal Funding. In the event that payments or expenditures are made, they
shall be made from current funds as required by Chapter 791, Texas
Government Code.
19.. Termination. If there is noncompliance with one or more of the provisions
contained herein, the party in compliance shall give the party in
noncompliance written notice to cure or begin curing the default(s) within
thirty (30) days of receipt of the notice. If the party not in compliance does
not come into compliance or in substantial compliance with each provision
identified by the other party within thirty (30) days of receiving said notice,
the Agreement will terminate for cause upon written notice of termination and
listing one or more areas of continued noncompliance. Either party may
terminate this Agreement without cause upon sixty(60) days written notice to
the other party. However, any termination by the City is effective only upon
conclusion of all of the then-scheduled West Oso I.S.D. use of the Premises.
This Agreement shallterminate automatically if Phase 2 .Improvements, as
detailed in Exhibit A subject to further modification as described herein., are
not completed within two years of the substantial completion of Phase 1
Improvements. •
20. Notice. All notices; demands, requests, or replies provided for or permitted,
under this Agreement, by either party must be in writing and must be
delivered by one of the following methods: (.1) by personal delivery; (2) by
deposit with the United States Postal Service as certified or registered mail,
return receipt requested, postage prepaid. Notice deposited with the United
States Postal Service in the manner described above will be deemed effective
two (2) business days after deposit with the United States Postal Service. All
such communications must only be made to the following:
IF TO CITY :
City of Corpus Christi
Attn: Director of Parks and Recreation
1201 Leopard
Corpus Christi, Texas 78401
• I
Page 5 of 8
IF TO WEST OSO LS.D.:_
West Oso Independent School District
Attn: Superintendent of Schools
5050 Rockford Drive
Corpus Christi, Texas 78416
Any party may change the address to which notice is sent by using a method
set out above within thirty (30)days after the address is changed.
21. Amendments. .Noalterations, changes, or modifications of the terms of this
Agreement or the:waiver of any provision will be valid unless made in writing
and signed by a person authorized to sign agreements on behalf,of each_party.
22. Waiver.
a. The failure of either party tocomplain of any act or omission on the part
of the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights hereunder.
b. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement by either party at any time, express or
implied, shall be taken to constitute a waiver of any subsequent breach of
the covenant or condition nor shall justify or authorized the nonobservance
on any other occasion of the same or any other c ovenant or condition
hereof.
c. If any action by one party requires the consent or approval of the other
party on one occasion, any consent or approval given on said occasion will
not be deemed a consent or approval of the same or any other action at any
other occasion.
d. Any waiver or indulgence of one party's default of any provision of this
Agreement shall not be considered an estoppel against the other party.
23. Force .Majeure. No party to this Agreement will be liable for failures or
delays in performance due to any cause beyond their control including,
withoutlimitation, any failures or delays in performance caused by strikes,
lock outs, fires, act of God or the public enemy, common carrier, severe
inclement weather, riots or interference by civil or military authorities. The
rights and obligations of the parties will be temporarily suspended during this
- period to the extent performance is reasonably affected.
24. Assignment. This Agreement may not be assigned, or transferred directly or
indirectly.
25. Captions. The captions in this Agreement are for convenience only, are not a
part of this Agreement, and do not in any way limit or amplify the terms and
provisions of this Agreement.
26. Severability.
a. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Agreement or the application hereof to any person
or circumstance is, to any extent, held illegal, invalid, or unenforceable
under present or future law or by a final judgment of a court of competent
Page 6 of 8
jurisdiction, then the remainder of this Agreement, or the application of
said term or provision to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected
thereby, for it is the definite intent of the parities to this Agreement that
every section, paragraph, subdivision, clause, provision, phrase, or word
hereof be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Agreement, then the remainder of this Agreement is not affected thereby,
and in lieu of each such illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to such illegal, invalid,
or unenforceable clause or provision as may be possible and be legal,
valid,and enforceable,will be added to this Agreement automatically.
27. Entirety Clause. This Agreement and the attached and incorporated exhibits
constitute the entire agreement between the parties.
EXECUTED IN DUPLICATE,each o which sha11 be considered an original,and
effective on this the ``Y day of tl ,2017.
City of Corpus Christi,Texas:
itifir ,�//// /Al ATTEST:pet.„,e./.-4t3-wt .T.
REBECCA HUERTA
CITY SECRETARY
> provet4 ea tri WIC 4P0-0 4f 17
Lisa gu ar
Assistant City Attorney
Per City .ttorNay
-e—L-Q-11.21111U11 Li.,
fY COUNCIL_. 2-S11
Page 7 of 8 SFCRFTAPV
West Oso I,S:D. Attest:
ot,u2,6+1;_,C)
9"//
Name: Juari Canales ame Lucas Jai
Title: Board President Title: Board Secretary
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Page 8 of 8
. .
EXHIBIT A
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PHASE 2
� - I + �' PROPOSED PARKING AREA 15 SPACES „ '• y > :
® PHASE 1 � WITH CONCRETE SIDEWALK ��
N PROPOSED EXERCISE AREA .A ,> ... ., r-
Y
sC/LLE 1�ia0'
(5 STATI
ONS) z me °` �
, PHASE 2
a toa zoo PROPOSED GAZEBO
■...:■.�.— __—__—__— _ _-. _AND PICNIC TABLES PHASE 2 ., .°
'' �� f �. ROCKFORD DR , 1. PROPOSED PARKING AREA 20 SPACES
II VW WITH CO CRETE SIDEW
Ails
PHASE 1 } _ I ".� \ �a
PROPOSED FRONT SIGN �— _ =_
LANDSCAPING 't. �—, I �� PHASE A_K B �_ I
t "a
i � ` 1
PROPOSED CONCRETE BASKETBALL COURT
PHASE 1 9 S F tie M
,..PROPOSED WALKING TRAILS ;4ito ,A '-,.. #. •/' rig ~� �, •
2400 LF TOTAL �� m:
— � � I � _ PE I°i,Na��. -
PRASE 1 I c�,,�. � �� AA"" '*gyp
PROPOSED ATHLEf1C FIELD „
,p,v 360,440. - _ I I �r t,. }
T.
a
£z+ .� �„t'b a' x„51"" ,. IP. _ S TO E
? w 1"a - RENOVATIONS XISTING PLAYGR
HASE 2
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re-'44 ',1 ''' eCt.;:::::'' ...'1, 40''''''—' ' ' ' 4 *** 4. 044.-141” '4'
PHASE 1 , vI A a4
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1 .,
'r* v ° PROPOSED FIELD i t`. 4't ' -
LIGHTING (4 TYP.) r '
''''''Ll'154VrIs.' -.4,,- ` 7'7"--
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ims+a 95$47 one 3/1/18 * & '� !t
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LNv CITY OF CORPCITI,
��,, ,R,,« ,�wn� WEST HAVEN PARK IMPROVEMENTSHRTEXAS PROJECT
PHASE 1 & PHUSASES2 EXHIBIT
•
CITY OF CORPUS CHRISTI PARKS
STANDARDS OF CARE LEVELS
CORE GOLD SILVER BRONZE COPPER ZINC
DEFINED TASKS
BUSINESS LEVEL A LEVEL B LEVEL C LEVEL D NATURAL AREAS
Inspections DAILY DAILY(Mon-Fri) WEEKLY MONTHLY MONTHLY
MOW 7 DAY 14 DAY 21 DAY SEASONALLY(Trails, SEASONALLY(Trails,
Playgrounds,Picnic Units) Interpretive Center)
t- AERIFY YEARLY YEARLY YEARLY N/A N/A
z
tu WILDFLOWERS WILDFLOWERS EVERY
W SEED/SOD WINTER OVERSEED NONE EVERY OTHER YEAR THIRD YEAR WILDFLOWERS ONCE
ZZ ANNUAL PRE-EMERGE, SELECTIVE GRASS SELECTIVE GRASS
PEST CONTROL PREVENTIVE SPRAY IPM SPOT TREATMENT IPM SPOT TREATMENT SUPPRESSION IN SUPPRESSION IN
M PROGRAM WILDFLOWER ZONES WILDFLOWER ZONES
u-
cc
<6#/1000sgftDURING <7#/1000sgftDURING
~ FERTILITY GROWING SEASON 50% GROWING SEASON 50% MINIMAL
MACRONUTRIENTS N/A N/A
WATER INSOLUBLE WATER INSOLUBLE
IRRIGATION SMART AUTOMATED AUTOMATED/MANUAL MANUAL N/A N/A
tri
LITTER DAILY DAILY(Mon-Fri) BI WEEKLY WEEKLY Public Areas Daily,
z wildscapes by volunteers.
< Public Areas Daily,
RECEPTICLES DAILY DAILY(Mon-Fri) BI WEEKLY WEEKLY ►-i
zz wildscapes by volunteers.
CO
rn
FACILITIES DAILY N/A N/A N/A N/A
SHADE TREES Yearly Attention Three Year Rotation Five Year Rotation Ordinance Driven NONE
PALMS TWICE YEARLY YEARLY YEARLY EVERY OTHER YEAR NEVER
Preventive and Reactive Preventive and Reactive
PEST CONTROL IPM IPM Reactive Reactive NONE
IX
D Liquid Foliar Feed,
H Time released complete.
-J FERTILITY Complete w/trace None None NONE
o elements,MONTHLY QUARTERLY
F" Annuals with 3 rotations.
CC HORTICULTURAL
z DISPLAYS Perennials,including Native perennials WILDFLOWERS WILDFLOWERS WILDFLOWERS
Tropicals.
CARE OF Weekly Monthly None None NONE
DISPLAYS