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Home My WebLink AboutR-2130-1-03RESOLUTION NO. 2130-1-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE ALLEN HERITAGE GUILD, ESTABLISHING RESPONSIBILITIES FOR THE INITIAL DEVELOPMENT AND CONTINUED MAINTENANCE OF THE ALLEN HISTORICAL VILLAGE; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Agreement ("Agreement") by and between the City of Allen, Texas, and the Allen Heritage Guild to establish the initial development and continued maintenance of the Allen Historical Village ("Village"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Allen, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the ' same is hereby, in all things approved. SECTION 2: The City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Aller, substantially according to the terms and conditions set forth in this Agreement. SECTION 3: The City Secretary shall forward a certified copy of this Resolution to Paula Ross, Allen Heritage Guild, P. O. Box 226, Allen, Texas 75013. SECTION 4: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE le DAY OF JANUARY, 2003. APPROVED: Steve Terrell, MAYOR ATTEST: ' ShelleyB. George, GG CITY AGREEMENT BY AND BETWEEN THE CITY OF ALLEN AND THE ALLEN HERITAGE GUILD This Agreement is made and entered by and between the Allen Heritage Guild whose address is P.O. Box 226, Allen, Texas 75013, hereinafter referred to as "the Guild," and the City of Allen, Texas, a home rule municipal corporation, hereinafter referred to as "the City" to be effective upon execution by the Allen City Manager or his designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: PURPOSE 1.1 This Agreement will establish the responsibilities of the City and Guild in the initial development and continued maintenance of the Allen Historical Village ("Village") properties. II. OBLIGATIONS 2.1 The City agrees, pursuant to this Agreement, to provide to the Guild: 2.1.1. Design Services to be provided by the Parks & Recreation Department. Those services to include layout of Village, placement of buildings, and landscape/design. These services will supplement Guild efforts to create the Village. 2.1.2. Platting and surveying of property owned by the City. 2.1.3. Extension of utilities to the Village property line and to centralized restroomslinformation facilities in conjunction with infrastructure development to the area, as funds permit. 2.1.4. Use of property owned by the City for the purposes of establishing the Village in an area generally south of St. Mary Drive, west of Cottonwood Creek, east of Cedar Drive, and north of an unnamed tributary of Cottonwood Creek as depicted on Exhibit "A", attached hereto and made a part of hereof for all purposes. 2.1.5. Waiver of development and permit fees for development of the Village. 2.1.6. Waiver of parking requirements for development of the Village. 2.1.7. Waiver of masonry construction requirements within the Village. 2.1.8. Building Inspections for relocated structures. 2.1.9. Maintenance of grounds, to include mowing, routine trash collection, litter removal, and policing. 2.1.10. Relocation to the Village and necessary foundation work for the First Christian Church, with funds provided by the Community Development Corporation, as funds permit. 2.1.11. Relocation to the Village and necessary foundation work for the Farm House located on Rowlett Road ("Farm house'). 2.1.12. General liability insurance for property within the Village. 2.1.13. Construction of St. Mary Drive in conjunction with infrastructure development to the area, as funds are available. 2.1.14. Security fencing and lighting. 2.2 The City further agrees: 2.2.1 To assume title to the First Christian Church and Farm House. 2.2.2 To recommend to City Council the abandonment of the right-of-way of Dogwood Street from the north right-of-way of Coats Drive to the south right-of-way of St. Mary Drive. 2.3 The Guild agrees, pursuant to this Agreement, to provide to the City: 2.3.1 Removal of asbestos in any structure relocated to Village, at no cost to the City of Allen. 2.3.2 Transfer of ownership of any structure relocated to the Village and written documentation of past ownership. 2.3.3 Relocation of any structure, except the First Christian Church and Farm House, at no cost to the City, as funds are available. 2.3.4 Restoration and/or rehabilitation of any structure relocated to the Village by the Guild, including the First Christian Church and Farm House, at no cost to the City, as funds are available. 2.3.5 Maintenance of all structures to standards established in the Property Maintenance Code at no cost to the City, at such time as an individual structure is rehabilitated. 2.3.6 Engineering services and foundation work required to place a structure in the Village, except the First Christian Church, at no cost to the City. 2.3.7 Conformance with any use limitation imposed on the City or Guild as a condition of the donation of a historic structure. 2.4 The Guild further agrees 2.4.1 To report the progress of rehabilitation of individual structures to the City Manager and/or City Council at regular intervals. 2.4.2 To release, defend, indemnify and hold harmless City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the performance of the work or caused by the negligent act or omission of the Guild, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom the Guild is legally responsible (hereinafter "Claims"). :ement — Allen Heritage Guild Page 2 of 5 1/2002 2.4.3 To begin rehabilitation any structure relocated to the Village within thirty six (36) months and to complete such work within twelve months. 2.4.4 To provide the City with a bond or other financial assurance to guarantee completion. III. FEES, RENEWAL, TERMINATION 3.1 The term of this Agreement shall be October 1 through September 30, beginning October 1, 2002, and renewable annually. 3.2 City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Agreement, terminate this Agreement by giving at least sixty (60) days prior written notice thereof to the Guild with the understanding that all services shall cease upon the date such notice is received. 3.3 The Guild may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Agreement ternilnate this Agreement, by giving at least sixty (60) days prior written notice thereof to the City with the understanding that all services shall cease upon the date such notice is received. 3.4 If the Guild elects to terminate this Agreement, it shall transfer all remaining interest in structures to the City within sixty (60) days following termination of this Agreement. City shall then have the right, without further notice, to make any provisions for the structures that it deems prudent and advisable including, but not limited to, restoration, rehabilitation, relocation, or demolition. IV. MISCELLANEOUS 4.1 All payments, notices, demands, or requests from one party to another shall be personally delivered or sent by United States mail to the addresses stated below: Peter H. Vargas Paula Ross City Manager Allen Heritage Guild City of Allen P.O. Box 226 305 Century Parkway Allen, TX 75013 Allen, TX 75013 4.2 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas, and that exclusive venue shall lie in Collin County, Texas. Agreement — Allen Heritage Guild Page 3 of 5 12/11/2002 4.3 The undersigned hereby represent that they have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicted below. CITY OF ALLEN Date: 1116-110-3 By: Peter H. Y g City MmW ALLEN HERITAGE GUILD Date: Iy .9J �' By: &=-- 'Paula Ross President Agreement — Allen Hentage Guild Page 4 of 5 12/11/2002 Exhibit "A" Agreement - Allen Heritage Guild Page 5 of 5 12/11/2002