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HomeMy WebLinkAboutO-2007-2981 ORDINANCE NO. 2007- cJ-!1 ~ AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF PASADENA TO PROVIDE DESIGN CAPABILITIES FOR A JOINT VENTURE SPORTS COMPLEX, ACCORDING TO THE TERMS OF THE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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, a copy of which is on file in the office of the City Secretary. The Interim 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 ofthis meeting ofthe City Council was posted at a place convenient to the public at the City Hall of the City 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. Page 1 of2 PASSED AND APPROVED, this 9TH day of APRIL, 2007. CITY OF LA PORTE (\. I) \llh~~G.\~. By: Alton E. Porter, Mayor ATTEST: 1!J!:tAapl:itd! Mart a Gillett, City Secretary APPROVED AS TO FORM: ~7~ ar T. Askms, Assistant City Attorney Page 2 of2 EXHIBIT "1" aJ Mc?-130 THE STATE OF TEXAS s s s d)~ COUNTY OF HARRIS Facilities Design Agreement THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this :<L(f day of ~ ~ , 2007, by and between the City of Pasadena, a Home Rule municipal co oration under the laws of the State of Texas, herem referred to as "PASADENA," and the City of La Porte, a Home Rule municipal corporation under the laws ofthe State of Texas, herein referred to as "LA PORTE". WITNESSETH: WHEREAS, the Texas State Legislature has authorized the use ofthe Interlocal Cooperation Agreements between and among governmental entities; and WHEREAS, this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, V.T.C.A. Government code section 791, et seq. and V.T.C.A. Local Government Code Section 332, et seq., and as otherwise provided herein, relative to the expressed intent of the respective City Councils of PASADENA and LAPORTE to design a joint sports complex. WHEREAS, PASADENA and LA PORTE hereby agree as Design Phase I of such sports complex to engage the design of various joint recreational and support facilities described generally herein at Exhibit "B" attached hereto. WHEREAS, PASADENA and LA PORTE express interest, after the design phase, to enter an agreement, as appropriate, for construction and operation of such designed facilities on property owned by PASADENA (Exhibit "A") to provide for joint use recreational opportunities as a "JOINT SPORTS COMPLEX", to serve as an athletic recreation and special events complex designed to serve the various needs of organized youth baseball/softball activities. WHEREAS, LA PORTE and PASADENA have identified appropriate funding sources to provide commensurate costs for the proposed design, as designated herein. FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties here to do agree as follows: Pasadena- Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 1 of7 1. PASADENA and LA PORTE hereby, through their respective City Councils adopt the Preamble hereof. 2. The parties understand and agree that the sports complex is planned to be located on property owned by PASADENA described in the general Warranty Deed attached hereto as Exhibit "A" and incorporated herein for all purposes and that this agreement is subject to all conditions and restrictions contained therein. The parties have had the opportunity to examine the property and all conditions thereon and agree that it is taken "as is". Article I DESIGN 1.1 After execution of this Agreement and as soon as possible thereafter, PASADENA and LA PORTE will designate representatives who will approve the selection of an architectural design firm suitable to both PASADENA and LA PORTE, in a manner similar to other PASADENA projects. 1.2 The Mayor of Pasadena may appoint an architectural design firm to develop all necessary renderings, schematics, specifications, and details, and Pasadena will enter into a contract with said architectural design firm. 1.3 PASADENA and LA PORTE agree that the Joint Sports Complex ArchitecturalDesign Contract will be administered by PASADENA, and that each party will provide total respective funding based on percentage participation as described herein. 1.4 Within the time specified in the Joint Sports Complex Design Contract, representatives of PASADENA and LA PORTE shall approve plan sets by signature, in 50%, 75% and 100% iterations, resulting in prepared drawings and specifications for the Joint Sports Complex, with copies of same to PASADENA and LA PORTE for written approval by the respective City Engineers, or designees. 1.5 PASADENA is willing to contribute 60% and LA PORTE is willing to contribute 40% of the total cost of design of project. These amounts are based on the general plan of construction and operation of fields for Pasadena and fields for La Porte and respective amenities generally described herein at Exhibit "B". The cost of the design will be an amount agreed upon by both parties. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 2 of7 1.6 Upon PASADENA'S receipt of full payment from LA PORTE for its estimated cost share of design cost described in 1.4 above a Joint Sports Complex design contract may be let. Adjustments shall be made upon final cost billing to reflect additional monies due by LA PORTE or refund if applicable. 1.7 In the event that during the design phase the estimated cost share of design increases, PASADENA shall notify LA PORTE of the increase in their estimated cost share of design cost. LA PORTE will transmit to PASADENA payment for their increased cost share of design cost within thirty (30) days of such notification. 1.8 In the event that LA PORTE does not exercise its option to send their share of the increased amount of the estimated cost of design as described in 1.6, PASADENA shall have the following options: a. PASADENA may elect to attempt to pay the additional amount of the increase in the estimated cost of design. In such case, PASADENA shall notify LA PORTE of its choice. b. PASADENA may terminate this agreement. c. Attempt to negotiate an amendment to this Agreement to provide for payment of the additional costs, and if such an amendment is obtained, proceed under its terms. If the parties fail to agree to an amendment to this Agreement, then and in that event PASADENA may proceed under one of the other two options. 1.9 The design documents shall be the property of PASADENA and LA PORTE. Article II CONSTRUCTION AND OPERATION 2.1 It is contemplated at this time and the interest of the parties that, subject to agreement of the parties of the design, that they will enter into a separate agreement for the construction and operation of the described Joint Sports Complex on terms mutually acceptable to both parties. 2.2 It is contemplated that such agreement for construction and operation may detail the methods of bidding, letting of contracts, respective consideration and contribution of the parties, ownership interest, responsibilities of parties during all phases, allocation of expenses and revenues, management of facilities, term of agreement, insurance, and other appropriate terms. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 3 of7 Article III TERM AND TERMINATION 3.1 The term of this agreement shall be for a period of one year ("Initial Term") commencing on the date of passage by the party last to ratify, unless terminated by either party by notice in writing to the other party, in accordance with the Termination procedures as designated in Section 3.3. 3.2 At the end of the term of the Agreement, both the PASADENA and LA PORTE have the option to continue the Agreement for one additional one (1) year term. Such option shall be executed in writing by the Mayor of PASADENA, or hislher designee, and the City Manager of LA PORTE, or hislher designee. Should either party choose not to exercise their option, the Agreement shall be considered at an end, at the conclusion of the Initial Term. In such event each party will be responsible for its proportional share of the total costs of work. 3.3 Either party may terminate the agreement without cause upon thirty (30) days written notice to the other party. In such event each party will be responsible for its proportional share of the total cost of work. Article IV. INDEMNITY 4. To the extent allowed by law, LA PORTE and PASADENA do hereby release, indemnify and hold each other and their respective officials, agents and employees, in both their public and private capacities, harmless from any and all liability, claims, costs and expenses arising out of the performance of this agreement due to their its respective negligence or that of its officials, officers, employees or students. It is expressly understood and agreed that in the execution ofthis contract, neither LA PORTE nor PASADENA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. Article V. ENTIRE AGREEMENT 5. 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. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 4 of7 Article VI. SEVERABILITY 6. In case anyone (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other provision thereof, and this agreement shall construed as if such invalidity, illegality or un-enforceable provision had never been contain herein. Article VII. AUTHORITY 7. The undersigned officers and/or agents authorized to execute this contract on behalf of the partied hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. Article VIII. REMEDIES 8. No right or remedy granted or reserved to the parties, is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this agreement. Article IX. THIRD PARTY 9. This agreement shall enure to the benefit of PASADENA and LAPORTE and not to third parties not party to this agreement. Article X. APPLICABLE LAW 10. This agreement is governed by the laws of the State of Texas; any venue for any action shall be in courts of competent jurisdiction of Harris County, Texas. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 5 of7 Article X. SUCCESSORS AND ASSIGNS 11. This agreement is binding on the successors, executors, administrators and assigns of the parties to this agreement. Neither LA PORTE nor PASADENA will assign, sublet, subcontract, or transfer agreement without the written consent of the other party. No assignment delegation of duties or subcontract under this agreement will be effective without the prior written consent of the other party. Article XI. NOTICES 12. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed hereinbelow or at such other address as the other party may have theretofore prescribed by notice to the sending party. Address for notice shall be as follows: PASADENA: City of Pasadena 1211 Southmore Avenue Pasadena, TX 77502-1205 Attn: Assistant to the Mayor for Leisure Services LA PORTE: City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571-6215 Attn: Director of Parks & Recreation Department Article XII. RECITALS AND ATTACHMENTS 13. The recitals and attachments to this agreement are incorporated herein. Pasadena-La Porte Sports Complex Interlocal Agreement, 0407.doc Page 6 of7 IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts, each to have equal force and effect of an original, has been executed on behalf ofthe parties hereto as follows: a. It has on the ..;~ ~Id~ day of ~~ , 2007, been executed on behalf of the City of Pasadena by the Mayor and attested by its City Secretary, pursuant to ordinance of the City Council of the City of Pasadena authorizing such execution. b. It has on the d3AJ _ day of O~ ' 2007, been executed on behalf of the City by the Ci Manager and attested by Its CIty Secretary, pursuant to ordinance of the City Council of the City of La Porte authorizing such execution. ATT~X I~.. r /l ... . dt}J ~.~ Lind~rick, City Secretary CITY OF PASADENA ~ ohn Manlove, Mayor :~ Lee Clark, City Attorney ATTEST: ~~~/(/ Martha Gillett, City Secretary -1 // APPROVED AS TO FORM: /,/ ?A~' /1 / ~u~ z:v( 6~ Knox W. Askins, City Attorney Pasadena- Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 7 of7 Exhibit" A" Agreement Exhibits, 0407.doc Page 1 of 13 Exhibit "A" ....-. ...- )':'>;;'. ....::.. ':- \ . .". ',;", .. , . . ''':,' . ", ~ '. . .. ~ 'end" assillhi. fhe rigf!t;' to'. eOri$.trvct . ~.nrf '~ain.ta#t 'r~dwJ!lYs "nd . . ....:.bricl\lll.S'. .Th!l. Pipe!me l!nd-'t:^ult;;Purpose .easem&r;l~ .h/trf!~Y. r~e:(ved . shall:l:!e PllrPlflual in nalu'.e'"8noShelf,DOt' tllf.in.i~ate'\Jntil Gfa'1to', (ll' its ., 'Sui:ce&s~ Dr assigns liles-.ol riobid a 'dUlV al1tl1orized and exee.!'led . release:' Nailher G,antee; nOl anyone acting on. Granlee's behalf. lihaU be permilled'I.O use ltJ9 Pipe{il>e and Multi-Purpose Easem~nls : withGUt 1he, expri;lss w,itten consent of an: aUlhorized repreSenlative. q/ G,anlOl. its succe~sOls D' auigns provided,. hOwever, {t'lat:Grafllee haa -the right. without such permission to cQf'lslruet . and maintaih n,? more than lOur (4) ~Ireet_ end. such utililies. as are needed to serve mil Propllfly aCroSS the Pipeline and Multi.Purpose Easements. subjecI to Grantor's, Its successors 01 assigns rights hareln and lhe tollow,ng conditions: .,. a. Sixty (601 days priOr """uen nDuce shall be g,ven 10 Granto!. in successors ..'Or assigos of Grantee's intention. in eacl1 instance, 10 'perform constluclio" or mainlenance work _r_e-'luir~'al !'x.cav'!.tio.n ~r ~r. upon such streets end ulililie~: or olherwise e/lecling Grantor's, Its successors or eSSlpns . 'facilities. includinp'with such"no\lCe the description 01 tha' loeeli.on and sP!lcifi(;~lions of such worl<; and b. A minimum 01 IOftv'sight 1481 hours iidvance nolite'shilll bu given to Grantur, ill success-ors Of ass.~ns. of lhe date and hour serIO, the commencement of any work so thaI Grantor, its SuCcessors i)r assigns may.. at ilS option, have a repll>SenlatillC al the Property 10 observe said work; and e - . _.' -- ._- e. -. .H ~- -hl>f'l!l4tuel<oen- ...... -mai~'88 .~-...r.equiraj; ",. necessilates, in Grantor's. its SUCCessors O! assigns opirvon. the instaUation of casing or other prolec.!ive facilities 10 prlolecl .uny roads or anY pipe, power. or communication lines or lOt her facmties exislintl prior to said ConS\lUClion or. rnainle~ance work on any 01 the Pipeline or .Mulli.Purpose E'iJSemen~s. 0' any change in the eI&V8t~on~ grade. or location -of s.uch fO ds or ijnes, or any change.in the location or constrUClion 0 anV lacijlly locatltd lhereon. such changes or installations sh/lll be, made, and \hI> tOlal costs anil expenses, incidilnt 10! such.' installations or changes, shall be borne by Granlee. 8nd i~ such changes or installations are conlracled for, by; or perlo,"*'d by Grantor. ilS successors or assigns. Ihe costs and eXPi' nSBS Ihereol will be prepaid to Grantor. its s\.ICcessors or assi ns in an amounl estimated by Grantor. its successors or. es. igns. subjecl 10 adjuslment upon c1eHnm,nalion of the actual iCOliIi ...._ __.. _._ __p" en~!~~~e.= . j. '~'.__ . d. 'fhtl J,kIllitl!;:!I ~vn;g "UI tV "r'lItiQ:>UII~J;,IJ ;"hnl"",'lil =.~~,~ ..:....._ _.._..p..!!ti!..rig~t~ tQ. use the F'ropert.,.. "- ~--_. ~ : ... s. . . Granlee expressly recognizes and undorstands Ihat the land con eyed ~by this deel! is within tive .hundred le"et..(500'1".01 cl'rtain Ian. Ihat ..:.-..-::.t--.. ...t!W!.Q!!!til1!t.-:.l!nl! prm!. uc:tici!t.. .including bu.t,nol .Iimlted.to me oril FIg of . wells, As e result. a well may ba drilled within five hundre le8tf 1....~. .....~O.'I o/--tntt.9tlrface estate. crt" the land grariled h&reir:l. In allial . . consideralion (01 acquiring In. surface eS1ale granled herein. G anteo . . hereby consents 10 Ihe conduct 01 oil, gas and/or other ineral . . exploration and productitm. and Granlee he'eby waives any nd 2111 rlghls Uncluding. but nBt lilt)ited 10 eny rig~ts Cleated by a inunic pal or . city ordi":,~8. .'&t~le . or leDerai ley... 01 ..a luleor regulal;.on ! th~ .Texas Railroad .Commission! 10. challenge or obje'cl 10 any 0 I.. gar and/or minart' exploration or production activities cOflducte'd y. .Ihe '.,ownerottJ:"fmineral int~re$} ~..iti ;ucc.eS$O~S;Dr assigns; or). iri, tli 'urfdert,hp. retsreneed'[alld, said.eonsent.~d.dver .bei~ BV; enca.d. . .. .. .by :~rlli1tee). iocceptim'ce .01 lne slJrf~ce. ilstate gu.ntBd .herei . <md ;', '.. : ':.\..;,.: ur~~te~:,s:;.~x~ur-orrl:tereC!I thJs 'de~d,' ;;~~.,co~s..nl'an~ Wl/iei l>r' EO,::: ~,-. .~~~~~.", ~ ~~.. " ....' - .... ~ 0 _~:'~O~.Yi~~,~~~;;~: .. -'-;\ . I . ~'.. ~ t. .t' Agreement Exhibits, 0407.doc Page 2 of 13 .;,~O .... Exhibit "A" . ~ ... '. . .~-_...~ ~ t .. "' . "{r7';;VF339( . .. . I . _ .,~;,."....c. ' ..' #. C;.ra~to~' Sh~Jt:b1 ;i c~";e';an\ r~nn.n~ ;"ith 'ih~. 'Iand, and shall be nQ!I';" to and 'bondi~g. ulSP,\ Grl'~tae .al'l.~ Gra"1ee's 'h,E1;is.~relfe?onta~ves. s).!ccesSQr.s and aiisig!1~.; ,A<!; !urll>er"considaratipn. for DCQulTIng the surlacl!. estate granted. h"roin, Grantee agr"os to ex"cute a ""f1uon consent'ttnd waiver of objoctlon or any other w~fion necessary doel/ment required In .CDnl.:in~tionwllh 'he exploration .pr .prOrjuCI,,)n -activities d'escribed above whon rOQuested by, or on boh~lf 01. the owner of rhe minoral. interest. 1\5 su~eSSDrs or 8~signs. . 'P"5 agreement to exeCUle a consent and waIver of -objection or "thor documents when executed, "hall be hied of pubhe recOId. Shall be a covenant running with land and. shall be notices to and bindmg upon Grantee and Grantee's heirs. reprosentatlves. successor. and ass,ons '6. Standby tees.. ass;essments. chl:lc..yes. and ad valoram ta)lUS asscs,slJorJ egainst tne .Pmperty fo~ tho yr>ar 1992 and an pflQ! voar.s Will I,e pa'd by Grantor. ' 7. All rf'U~t.$: 6bligfitrt:u,1 Bnd othor rn'atlurs omiJ,,;aling'l/or11 and Cl(istilllJ by reason or the ~(eation. cs\ubh9hmt:flt. maintenance, and 9P(:l'f811rJo Of thD Clear L_akc City Walor Auth.()"ty. WFtluH whose J':"lsdrt;!I1)1'. IhE: Proporty is locatod 8. The Em....ronmontal Standards tor the .l"teJustnal -area kn~n ;is "Be YP.Qr !., "1:I8(1iS County. Texa. .recordod In Volume 59'20, Palla 16!. of tho Dead Records of Harris County. TOjllC81. as' amended by instrument delod Juno 15. 197T. f1.corded .n VOlum" 84 70. Pag~ 238 of the Deed .Records of Herrr. County. Texas, and as lu,(he' iIlroanded by..insuumIHl1..datad May 1 ,,_ 13.13. ac.ou:Ied undet F.Jle. No. ."'.- Oa76057. Film Code No. 161.33.105901 rho Olllci,,1 ~ublic Rcc"rrh 01 Real Proparty of Harris Counly. Tll.as and Granleq accepts lIu. conveyance sulliect therelo. 10 Grantee herllby covenants end agrees 10' Its,,1I and lIS si-ccessors and assigns that It WI" comply wnh HarriS G~'v(!stfJn SUbs,Jonco D,t.lJtr.1 ...u1es in connuc;tfr,:ln wtth dnlhng 01 w(flur Vlulrs tJoll thiS P~Ol1ttt'v. i Grantor hor~by grants and ass!gns " nOflc~cluslve flUhtjlO be alll',ved along with Grantor ter cro.s the Coas~al Water AUlhO...t~-CWA"1 Ie" slrip with pipelrnes. roads, street.. railroads. dra; gll dltc~\es. landscape 'eserves. g.reel"'l bolts. fences.. waler hnes. s wCr hnus Dnd olher ulilities or facilities. including tho rig". to conlstruet. ..,n.lall. operata. mair'llato and tamove sarno. ttnd 10 pflrtor~ such Olhbr ope,ation. Of aCllvit.e. that ".a mcioontal thoreto; pr vlded Iii lhat prior to exercise 01 such right 10 cross the Property by Gf1l.tee or I1S succes~'llnd 'iI~signs, awoval 01 The. plans and sp cilicalions lor 9. '- unreBlIonably withheld or delayed) in accordance ",ith the conClilions &pec~..lA.. E..htbit .~. to the Gene~. Warrent Deed dltled December 10. 1986, from G(anlor IQ CWA filed under Clark'. FIle 1<:874511; (iil.tljlll the aClual .install~lion, mainlen nce or other .n,..,.rRl,-inn ",r ::tl""fiHhy i' 'ghf to ~rQi+--_ . 0 ~ shall be perlormed in such'manner 8. to comply wil the llpprovoo --- . 0_. -'---P1ans anin,pc>clficiiiOriS8ilif'to minimize 'i.;y disturba ..c'8iO CWA's- .. 'o.~ra.~~~~aor.act.ivi~,e'oon th~. ':ropertlf liiillhaleny pi line.J.Onduit,. - - ...~. . -.- cable.. roedwav. 'ell)oad or other utility. or fac,lIty 0 be Installed. pursuanl 10 Ihe righi to cross shall nol be such liS w 1d diminish or impair CWA's ~nioymBnt 01 its rights to use the Prpperty. lor the permitted. pULPoses; It being agreed, however i tna' any pipeline. conduit, 'cable, roadway, railroad. 0< other utility or I cility installed .PUfsuanl t.o and in accordance' willi the. c;onditions in Exhi~ "6" ro said Dead wcruld"TIOJ: clll.1se s\Jch diminishmBnt or impa ment; and Ii<<l that.811 cos~ associated .with the' exercise 01 the .ig tl> $0 ,,,<served.. .,'hail be borne by i;/.8ntell, its. !iuccllssors pr llssig The "rights . grant!~d .nerein .d.o not eltfel'ld tel 'thii~('bar!ies. .' ". " ." /.....- .~~~~.",y.D....titr.~~~~.~...,: ,. !'. Agreement Exhibits, 0407,doc Page 3 of 13 Exhibit" A" . .",~.~. ...... ,:~__l....:....__.__. . . . .'. .'~'__' ,.._ ._0____.'.# -' ," ~. . . " ... . .. . ' . .: 1~1.. : . .', " '. _, '. ',: , '. '. . I -:-- .. _I .,~ . . ,. ..0 HAVE.ANOcT'O. HOlD ,said ~r'pp,erty .8r.d'premisf16.l0g~t,tlllr' with all and sin",ular .the ril1hts:and. JlPPurlerll\ACeS thE;ClIta.\n ~C1ywis~ b8ton~nll unto. Gr,al'\teel. its, suCcesso'$'_ . .and l!$s~ns:,rioreve;; .subject. hOwever. ,to, ths, tBs!lrvatiQns aQd 8xc~tior"s .c'oolained hereil'l snd thli,.provisloos.,nersinabove set ou~~ ~ 'subject .'tb.e,e\o, Grsnt9r does hereby . bind snd 01:l1l9s18 itsslf. lJS successors anll .assigns. to warrant snd forever defend all and . sinlJu1sr the.'said "Property and premises.l1nI'o Granlee. its SUCCllssors and "ssigns. aoainsl. everv person ....homsoever lawfully cleiming or \0 claim the same or .any part Ihareof. '.. . Grantes ;oinll in the execution of this dead 10 indicate il5 agreement and consent to the. terms hereof which shall be binding"upon Grantee end its successors and assigns. EXECUTED this )Cl" dey of 4t n _>- h~.!::.____ ' 992. but effective lor all purposes the date first ebove written. /9 ~ if!- :hi. ATTEST: FRIENDSWODD DEVELOPMENT COMPANY By Name Title Assistant Secretary By N!ih\e Tille T. R. Wussow \'ll:tl Pr~s.ldcnt et'!"'I""e1'1>l';S1\ [)t" A ,. ,BY Name Title Assistant Sacretery ~. , ,~ \~...".-- Name - \. Title <:I{\J\. _\ ,': ..1 - ~, IH'.. tfnOla' .- /" .:i -'Or ;:: .~ .. .- ----4---_-- . t " " . .' .., Agreement Exhibits, 0407.doc Page 4 of 13 :..,. Agreement Exhibits, 0407.doc Page 5 of 13 Agreement Exhibits, 0407.doc Page 6 of 13 Agreement Exhibits, 0407.doc Page 7 of 13 Agreement Exhibits, 0407.doc Page 8 of 13 Exhibit "A" Agreement Exhibits, 0407.doc Page 9 of 13 Exhibit "B" . Twenty-three to twenty-five (23-25) baseball/sotlhall fields (one bast.'hall tield sized t<)r college, semi-protessional, and Pony League play, othi.-'rs sized as appropriate for the desired age group to be using the fields). . A gathering and event area. . Picnic shelter(s). . Children's play areas. . Maintenance facilities. . Restrooms. . Two (2) separate concession facilities. . Appropriate parking for vehicles based on parking standards. . A trail system or connector system. . Main entrance gathering plaza. . Such other elements or amenities that PASADENA and LA PORTE determines would benefit the JOINT SPORTS COMPLEX or its public features. Agreement Exhibits, 0407.doc Page 10 of 13 Exhibit "B" PASADENA-LAPORTE BALLPARK FACILITY PRELIMINARY - CONSTRUCTION OUTLINE November -06 ITEM A. Site work 1. Initial select clearing., grubbing, & mulching 2. Excavation & on site hauling 3. Rough grading & drainage 4. Storm drainage 5. Utilities a. Water distribution & fire hydrants b. Sewer & services c. Electrical service distribution d. Roadway lighting (150' spacing) 6. Paving a. Park roads/entrances b. Parking 7. Security fencing & gates 8. Walkways a. Sidewalk 5' wide b. Trails 10' wide c. Pedestrian bridge 9. Site Amenities a. Flag p~es b. Picnic tables & benches c. Refuse containers d.Signage '- e. Playgrounds (210catlon5) 10. Landscaping a. SoddiAg b. Hydromulching c. Trees d. Shrubs e. Ornamentals f. Wetland/native plant g. Soils and preparation h. Finish grading B. Playfields & Courts 1. Large Ball fie/ds (300' foul line) a. Lighting 50/30fe & scoreboard b. Fencing (1200 LF) each field c. Dugouts & bleachers (4 units each) d. Import soil & finish grading & irrigation e. Central plaza & announcers station 2. Small Ball fields (200' foul line) a. Lighting 50/30fe & scoreboard b. Fencing (900 LF) each field c. Dugouts & bleachers (4 units each) d. Import soil & finish grading & irrigation Agreement Exhibits, 0407.doc Page 11 of 13 UNITS 75 acres 100.000 CuYDS 40 acres 4,000 LF 2,000 LF 1,600 LF Allowance 20 poles 1 ,500 LF 931 spaces 8,500 LF 1 .500 LF 1 ,600 LF 1 ,ODD LF 6 40 50 Allowance Allowance 38,720 SqYDS 60 acres 250 3 fields 3.600 LF 12 units 4 units 1 unit 20 fields 18,000 LF 80 units 20 units Exhibit "B" e. Central plaza & announcers station 6 units 3. Volleyball courts (lighted) 6 4. Basketball court (lighted) 3 C. Buildings 1. Pavilion #1 . #2 &#3 a. Shaded structure 10,000 SF b. Restroom 900 SF c. Concession 1,000 SF d. Stage 2,000 SF e. Dumpster pad & service drive 1 2. Maintenance Facility a. Service yaro 10,000 SF b. Fencing & gates 500 SF c. Building 1,800 SF TOTAlA-C D. Contingency 10% E. Inflation allowance per year 8% 1 yr. TOTAL Phase I A-E I CivillPavlng 34% II ArchiteduraVStructural 13% III Landscape/Site ~menities 10% IV BallfJeids 27% V Contigency & Inflation 16% 100% Pasadena-La Porte Ballpark . Contigency & InhIion aoivlllPaving IJ Ballfields C landscape I Site Am8nitie$ Agreement Exhibits, 0407.doc Page 12 of 13 h 1 " . . , to ,. \1 .. , " .. t, (, !; JO . \\..~.. : "~ '." '"".!1'.. ?\ I :lr J.-1Aj i ~ ~ Hi: ",,'; lrn 1',- t)l~ ~.j<-r ..~ -:....- Z I)> 1ft} 1,,-( kn -1 rn ij r jl> :z " ~ 'il L' .. u ~ & .. , JO 11 Exhibit "B" j)o..' :;'8 -._~'(j" lJ>- ~ll'~ !Al ,,~ir '" df~~U. iL ',... .. "~.:'" ~~~i_~! ,. ;.o;~'~JJ :'n~ ~. .'0 :J-'" tl:.< ,.q ".. !t\ 1.:" I)i' lilt; I'J.. U b \l .. " JO " '" U ". ;:'j~ hli .. t:--:T loP ..Jh !I'i ~~ _tii. 0, /~! I': ! ~f:'~ ! '-':;". j~j~i !r:~ , l- i}; t~ t\ ... flU.... ~'~'i "12 tl> L: :: ,. .: fS ~ u,l~t) - 6~~ j t'Ji.1C1'-G"un L iIJ h H ~Il V ,... " Kj \')i.,.1.)u..fl: .,:.,jj,t>>;-f~ ~,~l\~~ J;,i'i1:1: I)> ~;t1'~W,~ _..i .. ."'0 Hi .. ....."< "-:;;'''f-:a,..-:..;:;'-=-::~, Agreement Exhibits, 0407 ,doc Page 13 of 13