Agenda Request

	City Council
	Agenda Request
Agenda Of:	12-16-08	Agenda Request No:		V-A
Initiated By:	Kimberly Terrell, Development Manager	Responsible Department:		Parks & Recreation Department
Presented By:	Jim Browne, Director of Parks and Recreation	Department Head:		Jim Browne, Director of Parks and Recreation
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Donation from Robert and Valerie Brindley for a Mountain Bike Trail at Sugar Land Memorial Park
Exhibits:	Veterans Memorial Boundaries Brindley Trail Donation Agreement Resolution 06-44 Capital Donations Policy Resolution 98-41 Park Naming Policy Donation Proposal Letter from Robert & Valerie Brindley
Clearances			Approval
Legal:	Eugenia Cano Assistant City Attorney		Executive Director:	N/A
Purchasing:	N/A		Asst. City Manager:	Karen Daly
Budget:	Linda Symank, Director of Fiscal Services		City Manager:	Allen Bogard /for AB
Budget
Expenditure Required: $			N/A
Amount Budgeted/Reallocation: $			N/A
Additional Appropriation: $			N/A
Recommended Action
Adopt Donation Agreement from Robert and Valerie Brindley for a mountain bike trail at Memorial Park.
Executive Summary
A proposal was received from Sugar Land resident Bob Brindley for a donation of a mountain bike trail at Sugar Land Memorial Park in honor of his deceased son, Justin P. Brindley. Mr. Brindley proposes that the trail be named after his son, Justin, and is proposing that he donate $75,000 to fund the trail construction, signage, furnishings and a drinking fountain. At the October 7 City Council meeting, staff presented a workshop on the proposed Brindley donation of a mountain bike trail in Sugar Land Memorial Park. City Council asked staff to seek clarification from the Memorializing Task Force on two items relating to the donation. The first item was to define the boundaries of the Veterans memorial component of the park. The second item was to determine whether it was appropriate to have memorials recognizing individuals outside of the Veterans memorial boundaries. At their meeting on October 21^st, the Task Force voted unanimously for the boundaries of the initial Veterans memorial area (see attached). The area contained within the boundary will be the immediate focus of the Task Force but will not preclude Veterans memorials in other areas of the park in the future. The second item, memorials recognizing individuals, was also voted for and approved as appropriate in the park. This proposed donation is consistent the existing Capital Donations Policy. The City’s Capital Donations Policy #06-44 includes the following criteria: Be capital, physical, and enduring in nature. Provide long-term, added value to the City. Require ongoing maintenance that is consistent with the City’s levels of services. Be consistent with all City goals, Comprehensive Plans, and Master Plans. The mountain bike trail is shown on the Council-approved Brazos River Park Master Plan. The trail has been designed and is staked in the field. The City, however, has not been able to fund the trail at this time. Maintenance for the trail will be nominal and will be funded through the Parks and Recreation Department’s annual operational budget along with volunteer trail maintenance projects coordinated by the Department. The Parks and Recreation Department believes that this is a positive opportunity for the City. This donation has been discussed with the Finance Committee and their comments have been incorporated into the Donation Agreement. Points that were discussed were the terms for naming the trail; having the City bid, contract and manage the project; and, the commitment of the City to move forward expeditiously with implementation of the project. The Parks and Recreation Department recommends approval of the Donation Agreement accepting the donation from Robert and Valerie Brindley for the Justin P. Brindley Trail in Sugar Land Memorial Park.
Exhibits

DONATION AGREEMENT BETWEEN

THE CITY OF SUGAR LAND AND ROBERT AND VALERIE BRINDLEY

This agreement is made between the CITY OF SUGAR LAND, TEXAS (City) and ROBERT AND VALERIE BRINDLEY (Donors).

Recitals:

The City is the owner of Sugar Land Memorial Park (the Park) located in Sugar Land. In memory of their son, Justin P. Brindley, the Donors desire to donate $75,000 to the City to be used to construct a two-mile single track mountain bike trail and other amenities on approximately 25 acres in the Park. This donation is being made for the exclusive benefit of the City of Sugar Land. The City expresses its appreciation to the Donors and accepts the donation as provided in this Donation Agreement.

Agreement:

The City and the Foundation agree as follows:

1. Definitions. In this Agreement:

Agreement means this Donation Agreement, the donation of which is being made for the exclusive benefit of the City of Sugar Land.

City means the City of Sugar Land, Texas.

Donors mean Robert and Valerie Brindley, parents of Justin Brindley.

Improvements or Trail means the mountain bike trail at the Park, an exclusive public improvement, that includes:

A two-mile single track mountain bike trail that is for beginner bikers but contains some technical trail off-shoots for experienced bikers;

Trail amenities, including a drinking fountain and water line at the trailhead;

Five benches to be located along the trail, informational signage and a trash receptacle near the trailhead, with the furnishings and signs to match the existing furnishings at the Park; and

A marker at the trailhead recognizing Justin P. Brindley and his family’s contribution.

Park means the Sugar Land Memorial Park located at 15300 University Boulevard, Sugar Land TX, 77479, Sugar Land, Texas.

Work means construction of the Improvements.

2. Donation. The Donors will donate $75, 000 to the City prior to the design of the Improvements.

3. City’s Obligations: The City will:

(a) use the funds to design and build the Improvements in accordance with the International Mountain Biking Association standards;

(b) move forward expeditiously with design and construction of the Improvements;

(1) formally accepting it at a City Council meeting;

(2) naming the Trail the “Justin P. Brindley Trail” for a minimum of

15 years and thereafter as long as the Trail exists at its initial

location;

(3) placing the commemorative marker at the trailhead during the Trail’s existence. If, after 15 years but before 100 years from the date of this Agreement, the City Council determines that the Trail is not a viable recreational resource for the City, or the Trail is destroyed by flooding or other “acts of God”, the City will maintain an appropriate recognition that memorializes Justin P. Brindley at a location designated for memorials within the Park until a date that is 100 years from the date of this Agreement.

(4) advertising and conducting an opening event when the Improvements are completed; and

(d) maintain the Improvements according to the standard of its other park improvements.

4. Term and Termination. This Agreement begins on the latest date of the dates executed by all parties and terminates on the completion of Work. The parties anticipate that the Work will commence in fiscal year 2008-2009.

8. Miscellaneous Provisions.

(a) Law Governing and Venue. The law of the State of Texas governs this Agreement and no lawsuit may be prosecuted on this Agreement except in a court of competent jurisdiction located in Fort Bend County, Texas.

(b) Notices. Any notice required to be given by one party to another must be given in writing addressed to the party to be notified at the address set forth below, (a) by delivering the notice in person, (b) by depositing the notice in the U. S. Mail, certified or registered, return receipt requested, postage prepaid, or (c) by depositing the notice with Federal Express or another nationally recognized courier service for next day delivery, or (d) by sending the notice by telefax with confirming copy sent by mail. Notice deposited in the U.S. Mail is deemed effective on the date of deposit. Notice given in any other manner is effective when received by the Party to be notified. For the purposes of notice, the addresses of the Parties, until changed by given notice to the other as provided herein, is as follows:

City: City Manager

City of Sugar Land

P. O. Box 110

Sugar Land, Texas 77487-0110

With a copy to: Parks Director

City of Sugar Land

P. O. Box 110

Sugar Land, Texas 77487-0110

Donors: Robert and Valerie Brindley

51 Du Pont Circle

Sugar Land, Texas 77479