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
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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"
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'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:
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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
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- . _.' -- ._- 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
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. 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.,..
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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$O~S;Dr assigns; or). iri, tli
'urfdert,hp. retsreneed'[alld, said.eonsent.~d.dver .bei~ BV; enca.d.
. .. .. .by :~rlli1tee). iocceptim'ce .01 lne slJrf~ce. ilstate gu.ntBd .herei . <md
;', '.. : ':.\..;,.: ur~~te~:,s:;.~x~ur-orrl:tereC!I thJs 'de~d,' ;;~~.,co~s..nl'an~ Wl/iei l>r'
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Agreement Exhibits, 0407.doc
Page 2 of 13
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Exhibit "A"
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C;.ra~to~' Sh~Jt:b1 ;i c~";e';an\ r~nn.n~ ;"ith 'ih~. 'Iand, and shall be nQ!I';"
to and 'bondi~g. ulSP,\ Grl'~tae .al'l.~ Gra"1ee's 'h,E1;is.~relfe?onta~ves.
s).!ccesSQr.s and aiisig!1~.; ,A<!; !urll>er"considaratipn. for DCQulTIng the
surlacl!. estate granted. h"roin, Grantee agr"os to ex"cute a ""f1uon
consent'ttnd waiver of objoctlon or any other w~fion necessary
doel/ment required In .CDnl.:in~tionwllh 'he exploration .pr .prOrjuCI,,)n
-activities d'escribed above whon rOQuested by, or on boh~lf 01. the
owner of rhe minoral. interest. 1\5 su~eSSDrs or 8~signs. . 'P"5
agreement to exeCUle a consent and waIver of -objection or "thor
documents when executed, "hall be hied of pubhe recOId. Shall be a
covenant running with land and. shall be notices to and bindmg upon
Grantee and Grantee's heirs. reprosentatlves. successor. and ass,ons
'6.
Standby tees.. ass;essments. chl:lc..yes. and ad valoram ta)lUS asscs,slJorJ
egainst tne .Pmperty fo~ tho yr>ar 1992 and an pflQ! voar.s Will I,e pa'd
by Grantor. '
7.
All rf'U~t.$: 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.
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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
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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> $0 ,,,<served..
.,'hail be borne by i;/.8ntell, its. !iuccllssors pr llssig The "rights
. grant!~d .nerein .d.o not eltfel'ld tel 'thii~('bar!ies. .'
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Agreement Exhibits, 0407,doc
Page 3 of 13
Exhibit" A"
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. ,. ..0 HAVE.ANOcT'O. HOlD ,said ~r'pp,erty .8r.d'premisf16.l0g~t,tlllr' with all and sin",ular
.the ril1hts:and. JlPPurlerll\ACeS thE;ClIta.\n ~C1ywis~ b8ton~nll unto. Gr,al'\teel. its, suCcesso'$'_
. .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.
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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.
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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
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,BY
Name
Title Assistant Sacretery
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Agreement Exhibits, 0407.doc
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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
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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
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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 
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
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