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Home My WebLink AboutR-1931-4-01RESOLUTION NO. 19314-01(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH COLLIN COUNTY, HEREINAFTER REFERRED TO AS "GRANTOR," FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARK AND OPEN SPACE MATCHING GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND OPEN SPACE USES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and, WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Grantor" concerning the "Program." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: ' SECTIONI. The "Applicant" hereby certifies that it is eligible to receive assistance under the "Program." SECTION 2. The "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3. The "Applicant" hereby authorizes and directs its Director of Parks and Recreation to act for the "Applicant" in dealing with the "Grantor" for the purpose of the "Program," and Don Horton is hereby officially designated as the representative in this regard. SECTION 4. The "Applicant" hereby specifically authorizes the official to make application to the "Grantor" concerning the site to be known as the North Rowlett Community Park in the City of Allen for use as a park site. That the North Rowlett Community Park is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and open space purposes in perpetuity. SECTION 5. This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE Sr" DAY OF APRIL, 2001. APPRO Stephen erre0, MAYOR ' ATTEST: Ole Ju Mo n, CMGAAE, CITY SECRETARY INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING THE OPEN SPACE BOND FUNDS WHEREAS, the County of Collin, Texas ("County') and the City of Allen, Texas ("City") desire to enter into an agreement concerning the purchase of land for a community park on Rowlett Creek (the "Project") in Allen, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes my local government to contract with one or more local governments to perform governmental functions and services under the terns of the Act; and NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to purchase such property on Rowlett Creek, hereinafter called the "Project". The Project (purchase) shall consist of approximately One Hundred Twenty -Four (124) acres of land. ARTICLE II. The City shall prepare and execute all documents necessary for the purchase of the land. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed documents. ARTICLE M. The City shall insure that a title search be completed prior to closing and that all documents indicate that the City of Allen shall receive ownership of such land. Purchase property may be held in trust by the Texas Park and Recreation Foundation as determined by the City of Allen. ARTICLE W. The City estimates the total actual cost of the project to be $1,000,000.00. The County agrees to fund one half of the cost in an amount not to exceed $500,000.00. The County shall remit $500,000.00 to the City prior to or after closing date. If the actual cost of the Project is less than the estimated amount set forth herein, the City shall remit the County 50 percent of the difference between the estimated cost and the actual cost. ARTICLE V. If the total cost of the Project exceeds the amount estimated in Article IV above, the County and City shall share the excess costs equally, However, the County's participation in the Project shall not exceed $500,000.00. Project. ARTTCLE VI. The City shall provide to the County a copy of all closing statements related to the ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold hamiless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. ARTICLE IX VENUE. 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. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any Wile or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement hall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. APPROVED ASyT.O,� FORM: By: IIx 4010-) Name:T2Y2 Title:In Date--(0-a4-Q1 CO: CO IN, TEXAS By. Name: Ron Hams Title: Cm 3 tty Judge Date: Executed on thrsaa day o 0 2001, by the County of Collin, pursuant to Commissioners' Court Order No. o'1001- ( 21 -10-aa ATTEST: B • 0�— Name: Title: City Secretary Date: /a - 6 -O/ CITY OF ALLEN, TEXAS By: Name: Peter H. Title: Ci M Date: �a--G�� Executed on behalf of the City of Allen pursuant to City Council Resolution No. / 931- A/-01 (p)