Loading...
HomeMy WebLinkAboutO-1996-2127 e e ORDINANCE NO. 96-2127 AN ORDINANCE APPROVING AND AU~HORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB, FOR CONSTRUCTION OF A CONCESSION/PAVILION FACILITY AT NORTHWEST PARK; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The city council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required 'by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . ORDINANCE NO. 96- 2127 e PASSED AND APPROVED, this 12th day of August, 1996. ATTEST: ~UD. %~~ Sue enes, City Secretary ~~ Knox W. Askins, City Attorney By: CITY OF LA PORTE h4~ / orm n L. a one, Mayor PAGE 2 . . e e AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB TO CONSTRUCT A CONCESSION/PA VlLION FACILITY AT NORTHWEST PARK BECAUSE, the City of La Porte (the "City") is the owner and operator of Northwest Park and the soccer facilities located there as part of the parks and recreational facilities of the community; and Because, the City and the La Porte Soccer Club (the "Association") have entered into an agreement regarding the use of youth soccer facilities; and Because, the Association has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the soccer facilities owned by the City; and Because, the City wishes to recognize and commend the funding that has been provided by the Association and to provide a method for additional contributions by both groups toward a future concession/pavilion facility at Northwest Park; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The design and construction of a combined ConcessionlPavilion Soccer Facility (the "Facility") at Northwest Park shall be a joint venture between the City and the Association. The Association agrees to contribute funds in the amount of Thirty Five Thousand Dollars ($35,000,00) toward the design and construction of the facility. The City will contribute Twenty Thousand Dollars ($20,000,00) toward design and construction of the facility and the City will manage all operations relative to facility design and construction for a preliminary budget, including contingency, of Fifty Five Thousand Dollars ($55,000,00), Any savings costs realized after design and construction is completed for the facility shall be remitted to the Association, Any cost overages sustained after design and construction is completed shall be borne equally by the Association and the City. In the event that anticipated costs are in excess of Ten Thousand Dollars (10,000,00) over the preliminary budget amount as stated above, the City reserves the right to delay construction of the facility until the 1997-1998 fiscal year. ll. The City will accept responsibility for general maintenance and electrical costs for the facility after construction is complete. The Association will accept maintenance of the concession area and to provide custodial services for the facility. page 1 of3 . . .. , e e Agreement-Soccer/COLP2 III. The Association agrees to pay its portion of the funds to the City within thirty (30) days after signature of this Agreement. The City will place the funds in escrow and manage them so as to obtain a reasonable rate of interest until such time as the funds are sufficient to begin design and phased construction of the project. If necessary, the City shall provide an annual report as to the status and balance of the funds in escrow, to the Association. Should either party desire to withdraw from the project prior to the expenditure of funds for the design and first construction phase, the escrow account shall be closed and the principal and interest shall be distributed to the parties, on the same basis as contributed and no penalty or censure shall result. N, Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the facility, v, This instrument contains the entire agreement between the parties relating to the rights granted in the agreement and the obligations assumed as a part of the agreement. Any representations or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the agreement. VI. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. page 2 of3 e e Agreement - Soccer/COLP2 IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the ~ day of&tfi~ 9'i6. by its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and 1J':1"'S' f fL.. (B) It has been executed on behalf of the Association on the I~ day ofMafeh-, 1996, by its President and attested by its Secretary, pursuant to authorization from the Board of Directors of the La Porte Soccer Club, authorizing such execution, CITY OF LA PORTE By:~~T~ Robert T. Herrera, City Manager ATTEST: ~~d./ Sue Lenes, City Secretary By: ATTEST: (0 1\ IJ -~~~ Alina Sollock, Association Secretary page 3 of3