Two agreements detailing the future relationship between the city of Bellaire and the Evelyn’s Park Conservancy will be on the agenda of the Bellaire City Council on Monday, July 7.
The council held an executive session Monday evening, and proposed several “substantial changes” to the operating and maintenance agreement between the city and the conservancy, according to Mayor Pro Tem Mandy Nathan.
“I think the agreements reflect a partnership between the city and the conservancy,” Nathan said.
Members of the Bellaire council last week had postponed consideration of the operating agreement and a deed agreement with the Rubenstein Foundation due to complex legal language and concerns about a “reversionary clause” that would have allowed the Foundation to take back the property if the city failed to develop the park.
“The amended deed will remove the right of reversion,” Nathan explained. “This is a much more simplified version and also limits any right of enforcement, so there could not be lawsuits against the city. The only basis for lawsuits would be if the city fails to do what they’ve promised to do, which is to keep this a park.”
The revisions proposed by the council were to be considered by the board of the Evelyn’s Park Conservancy before the council meets next week.
Nathan, an attorney, suggested several changes to the agreement, including:
*Provisions that would require an environmental impact assessment, to be financed out of $5 million in bonds the city will issue for the park;
*A limit on the city’s expenses for Phase One of the Evelyn’s Park master plan to the $5 million in bonds that were approved last year by voters;.
*An agreement that the city of Bellaire would have no future financial obligation to pay for future phases of the park’s development;
*More frequent reporting to the city from the conservancy, changing an annual report to quarterly updates;
*Allowing a representative of the city to attend board meetings of the Evelyn’s Park Conservancy;
*Allowing the city to approve the design for a restaurant in the “yellow house” on the property;
Nathan said the proposed agreements between the city and the conservancy “needed to be more in the spirit that we are partners here.”
Evelyn’s Park, which has been described as “Bellaire’s Front Lawn,” is a 5-acre tract of land at Bellaire Blvd. and Newcastle. In 2009, the Jerry and Maury Rubenstein Foundation purchased the old Teas Nursery, one of Bellaire oldest businesses, and proposed donating the land to Bellaire for a park — if certain fundraising goals were met. Last year, Bellaire voters approved $5 million in bonds for development of the park. The park is named for Evelyn Rubenstein, who was the mother of Jerry and Maury Rubenstein.
The total cost of Phase One of the park is estimated to be $7.9 million, with $4.89 from the city of Bellaire and $2.08 million from the Evelyn’s Park Conservancy. The Rubenstein Foundation will contribute up to $500,000 toward constructing a memorial to their mother, which will be located on a ½-acre tract of land.
The Conservancy is paying $1.06 million for architects, engineering and a contingency fund, as well as $861,00 for a maintenance reserve fund.
Robert Riquelmy says
Talk about old news!
How do you call this a donation when you still have absolute claim to the supposed donated entity? Is the Evelyn Park a donation or is it just a never ending monument (1/2 acre) to someone at the expense of the City. This Deal is more complicated than it can and should be. Where is the City’s manager and the City’s attorney?