Agreement reached in Jurassic sprayground dispute
Jan. 19—The City of Odessa has formally settled its long-standing fight with UTPB over the Junior League Jurassic Jungle Sprayground and entered into a new lease with the university.
According to records obtained under the Texas Public Information Act, Interim City Manager Agapito Bernal and Interim City Attorney Dan Jones signed a settlement agreement with UTPB on Dec. 21 and signed the new lease Jan. 5.
In September 2021, the city and the University of Texas Permian Basin ended a 25-year lease agreement allowing city residents to use the sports complex at the university.
Rather than removing the Jurassic Jungle Sprayground, which was largely paid for by the Junior League of Odessa, the city opted to leave it onsite.
Back in July then-City Manager Michael Marrero told the council university officials informed him they hoped to charge the city $78,000 a year for the use of the 7,000 square foot area.
However, Marrero said the attorneys for the city and UTPB developed a joint settlement agreement that would allow city residents to continue to use the park at no cost to the city for two years because the council voted 6-1 on Sept. 14, 2021 to give the university $280,936 for equipment, "fixtures for field access to sports teams" and for public usage.
During that July city council meeting, the council directed city staff to explore exactly how much it would cost to relocate the sprayground and play area.
In August, the council passed a resolution approving a two-year lease settlement agreement, but it wasn't signed by city staff or UTPB officials until just recently. Minutes of the meeting state that once the lease is up in September 2023, the council will have to decide if the sprayground should be relocated.
According to the settlement agreement, the parties disagreed as to who owned the equipment. The university contended the initial agreement stated the university would own it if the city didn't remove it by the end of the lease. The city contended they still owned the equipment.
"Each party denies the allegations of the other party, but in an effort to reach a compromise and in order to avoid the expense of litigation, now enters into this settlement agreement to finally and conclusively resolve the dispute," the agreement reads.
According to the settlement agreement, the city will own the main features of the splashpad if the city signed a new lease agreement with UTPB. The initial term of the lease is 24 months, but can be renewed twice for 24-months each time.
The agreement also states the city will be credited $54,248 for the initial two-years out of the $280,936 paid back in 2021.
The newly signed agreement states the playground equipment, interconnecting bridges, pea gravel fall zone, exterior light and seating, picnic tables and barbecue pits are not included in the list of features owned by the city.
The lease agreement itself, however, says the annual rent for the first term will be $43,200. However, if the lease is extended, the agreement states the rent will be no less than the fair market value of the leased property.
The city will also be responsible for paying and reimbursing the university for all water and electrical utilities used by the leased property and keep and maintain the property, the agreement stated. The city also has to maintain commercial general liability insurance covering the property.
