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HomeMy WebLinkAboutO-2019-3743 Authorization to enter an agreement with Fairmont Park West HOAORDINANCE NO. 2019-3743 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE FAIRMONT PARK WEST HOMEOWNERS ASSOCIATION FOR LEASE OF THE SWIMMING POOL AND APPURTENANT PARK SPACE AT FAIRMONT WEST PARK, FOR SEVEN MONTH TERM ENDING ON DECEMBER 31, 2019; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BYTfIE CITY COUNCIL OFTFIE CITY OF I...A PORTE: Section 1. In accordance with Texas Local Government Code Sec. 253.006(c), by way of this ordinance the City Council hereby approves and authorizes the agreement between the City of La Porte, Texas and the Fairmont Park West I-Iomeowners Association for the lease of the swimming pool and appurtenant park space at Fairmont West Park for a seven (7) month term ending on December 31, 2019, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte, Texas. 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 Flall 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 posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of MAY, 2019. CITY OF LA PORTE, TEXAS M. APPROVED: Clark T. Askins Assistant City Attorney THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § LEASE AGREEMENT FOR FAIRMONT PARK WEST POOL AND PARK This Agreement of Lease, effective the 1 st day of June, 2019, by and between the CITY OF LA PORTE, TEXAS, a municipal corporation located in Harris County, Texas, hereinafter called LESSOR. and FAIRMONT PARK WEST HOMEOWNERS ASSOCIATION, a Texas non-profit corporation having its principal office in Harris County, Texas, hereinafter called LESSEE, WITNESSETH: That the Parties hereto, for and in consideration of the premises, and the rents, covenants and agreements contained herein, agree as follows: This lease is entered into pursuant to Texas Local Government Sec. 253.006(b), which authorizes a municipality by ordinance or resolution to lease a swimming pool owned by the municipality, subject to the requirement that it be operated by the lessee as a public swimming pool. LESSOR hereby leases and rents to LESSEE for the operation of a public swimming pool and appurtenant park space with playground equipment, the following described tract of land (hereinafter referred to as the "leased premises"), and commonly known as "Fairmont West Park," and being more particularly described as follows, to -wit: That certain lot, tract, or parcel of land, known as "Reserve 'A'," containing 1.162 acres, more or less, as shown on the Plat of Section Three (3), FAIRMONT PARK WEST, as recorded in Volume 270, Page 63, of the Map Records of Harris County, Texas, reference to which is here made for all purposes. The term of this lease is for a seven (7) month period beginning on the 1st day of June, 2019, and ending on the 31st day of December, 2019. Upon the expiration date of this lease, no notice to quit possession shall be necessary, and LESSEE covenants to peaceably surrender possession of the premises to LESSOR on that date. W As rent for the use and occupancy of the leased premises, LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR the total sum of One Dollar ($1.00), in advance upon the execution hereof. V. LESSEE certifies that it is a duly qualified homeowners association, which meets the minimum standards promulgated by the United States Department of Housing and Urban Development, for qualification for FHA and/or VA loans; and that it has been incorporated as a Texas non-profit corporation. VI. LESSEE shall not have the right to sell or assign this lease, or to sublet the leased premises, or any part thereof. Furthermore, LESSEE shall not place or suffer any Deed of Trust, Mortgage, Mechanic's, or any other type of lien, on the leased premises, or upon the permanent improvements thereon erected, and any person, firm or corporation making any loans or advances to LESSEE, for such improvements, shall look solely to the revenues of LESSEE for the retirement of any such indebtedness by LESSEE. Notwithstanding the foregoing, LESSEE shall have the right to rent the leased premises to a third party on an hourly and daily basis for special events such as birthday parties and family reunions. VII. The LESSEE shall open the Fairmont Park West swimming pool and appurtenant park space to residents of Fairmont Park West subdivision, with or without charge or fee. Due to the swimming pool being available for use only by residents of Fairmont Park West subdivision, the LESSEE shall operate the swimming pool as a Class C pool and as such shall not be required to provide lifeguards so long as the existing diving board is removed and no diving board or slide is installed during the lease term, in accordance with 25 TAC §265.199(g)(9)]. In addition, 1) a sign shall be placed in plain view and shall state "NO DIVING" along with an international warning symbol for no diving. The letters "NO DIVING" and the symbol shall be at least 4 inches high); 2) a warning sign shall be placed in plain view and shall state "WARNING -NO LIFEGUARD ON DUTY" with clearly legible letters at least 4 inches high. Such sign shall also state in letters at least 2 inches high "CHILDREN SHOULD NOT USE POOL WITHOUT ADULT SUPERVISION"; and 3) if a telephone is not readily visible from the pool, directions shall be posted regarding its location. Furthermore, the transition point of the pool from the shallow area to the deep area of the pool shall be visually separated by a 4 -inch minimum width row of floor tile, a painted line, or similar means using a color contrasting with the bottom. will be required to provide general, routine and normal upkeep (i.e. application of swimming pool chemicals, cleaning, etc.) of the swimming pool and pool house. Additionally, the LESSEE shall be responsible for general, routine and normal maintenance of the appurtenant park space, specifically including the playground equipment and other amenities situated thereon, and agrees to be responsible for mowing and landscaping of the leased premises (including areas immediately surrounding the swimming pool). The LESSEE is also required to maintain and pay all utility expenses, including but not limited to electricity, water and sanitary sewer, for operation of the leased premises. 1�1111111 Nothing contained in this lease shall be construed as a restriction upon the power of the City Council of the City of La Porte, from time to time to promulgate such reasonable rules and regulations concerning the maintenance, operation, health, safety and welfare of the park facility herein demised.. and of the persons utilizing the same. IX. LESSEE shall have the right to erect facilities, equipment or permanent improvements on the leased premises, during the term of the lease. However, LESSOR reserves the right, from time to time, acting by and through its City Council, to establish minimum standards for the type and quality of facilities to be erected by LESSEE on the leased premises, and for the staffing of such facilities; provide minimum ratios of off street parking, based upon the amount of acreage in the leased premises; and, adopt such other measures regarding the health, welfare, and safety, of the persons utilizing such facilities as the City Council in its discretion may from time to time promulgate. X. LESSEE shall be obligated to maintain the leased premises in a good state of repair and neat appearance, and keep the grass mowed at all times. LESSEE shall provide adequate refuse containers on the leased premises, and regularly deposit the contents of same into such refuse containers as may be required by the LESSOR, from time to time, or by such independent contractor as may serve the area, if the general area in which the leased premises is located is not provided refuse collection service by LESSOR. LESSEE shall provide necessary permanent sanitary facilities, telephone, and other services that may be required to protect the health, welfare and safety of LESSEE'S patrons. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance on the leased premises to protect LESSOR and LESSEE against all loss or damage from the claims of all persons who may be in or on these premises by the invitation, consent or sufferance of LESSEE. Such public liability insurance shall have limits of liability of a minimum of Two Million Dollars ($2,000,000) for each occurrence and Two Million Dollars ($2,000,000) for sudden events and Four Million Dollars ($4,000,000) in aggregate, with respect to any accident occurring on the leased premises, and shall name the City of La Porte, Texas as additional named insured. LESSEE shall furnish LESSOR certificates of all insurance coverage. XII. LESSEE shall use due care and diligence in all activities and operations on the leased premises, and will indemnify and save harmless LESSOR from any liabilities, loss, costs or other expense of any nature. LESSEE shall give LESSOR immediate notice of any matter covered hereby and shall forward to LESSOR every demand, notice, summons or other process received in any claim or legal proceeding covered hereby. XIII. In case of bankruptcy or insolvency on the part of LESSEE, or in case of any receiver being appointed to take charge of the property, or any portion of the property of LESSEE, in or upon the premises hereby leased, then and in such event the LESSOR may, at its option, declare this lease to be terminated or forfeited by the LESSEE; and LESSOR shall be entitled in such event to the immediate possession of such premises and no receiver, trustee in bankruptcy, or assigns for the benefit of creditors shall acquire in any such case any of the rights of the LESSEE hereunder; the landlord's lien, however, in such event, shall not cease and the liability of the LESSEE for the damages on account of breach of any obligation to be performed by the LESSEE under the terms of this lease shall continue and remain in full force and effect. XIV. Failure on the part of the LESSEE to perform any of the terms, agreements, conditions and covenants imposed by this lease shall, at the option of the LESSOR, give right to LESSOR to cancel the lease and all rights of LESSEE shall be thereupon terminated and all buildings and permanent improvements placed on the leased premises by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have at least sixty (60) days or agreed-upon days written notice from LESSOR in which to correct any default before cancellation. Upon receiving the written notice from the LESSOR, the LESSEE shall provide a written response and plan to remedy the default. LESSOR and LESSEE will negotiate in good faith to address and implement LESSEE's plan for correcting the default. In the event that LESSEE fails to correct any such default during such sixty (60) day period or agreed- upon days, LESSOR, its agents or attorneys, shall have the right to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re -let the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency. The failure of the LESSOR to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condition. XV. Upon the termination of this lease, it is understood and agreed between the parties that any permanent improvements erected (defined as any structure that is permanently attached to land, buildings or systems) on the leased premises by LESSEE shall be the property of LESSOR. XV1. LESSOR covenants that LESSOR has good right and lawful authority to execute this Lease, that throughout the term hereof LESSEE shall have, hold and enjoy peaceful and uninterrupted possession of all of the premises hereby leased and granted, subject always to the performance of the covenants, as herein provided to be paid and performed by LESSEE. XVII. Notices provided for in this Lease shall be sufficient if sent by registered mail, postage prepaid, addressed, if to LESSOR, to the City of La Porte, 604 W. Fairmont Parkway, Attention: City Manager, La Porte, Texas; and, if to LESSEE, to its registered agent, AVR Management, 12929 Gulf Freeway #320, Houston, Texas 77034, or to such other respective addresses as the Parties hereto may designate in writing from time to time. XVIII. All references herein contained to LESSOR and to LESSEE, shall be deemed to include the successors, assigns, and legal representatives of each. IN WITNESS WHEREOF, the Parties hereto have hereunto signed and sealed this instrument in several duplicate originals, this the 1r day of 2019. C17 Mayor ATTEST: ity Attorney President, Fairmont Park West Vice -President, Fairmont Park West