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Home My WebLink AboutR-2360-1-05RESOLUTION NO.2360.140MR) ' 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 THE COLLIN COUNTY PARKS FOUNDATION, APPROVING THE TERMS AND CONDITIONS OF THE E47ERL40CAL AGREEMENT; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABH.ITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Allen City Council desires to provide quality park facilities for the residents of Allen; and, WHEREAS, the City of Allen is the recipient of a grant from the Collin County Park and Open Space Funding Assistance Program for the development of a community park and desires to comply with all of the requirements set forth in the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Manager of the City of Allen is hereby authorized to execute the appropriate documents approving the terms and conditions of the agreement with the Collin County Parks Foundation. SECTION 2. Any prior Resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 3. Should any part of this Resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 4. This Resolution shall take effect immediately from and after its passage and it is so duly resolved. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 11I m DAY OF JANUARY, 2005. Stephen Tea�rrell, MAYOR ATTEST: ' Shelley , TRMC, C SECRETARYTRMC, C SECRETARY INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN WHEREAS, the County of Collin, Texas ("County") and the City of Allen ("City") desire to enter into an agreement concerning the acquisition of land for a special use park identified as Molsen Farm in the City of Allen, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the land acquisition may be performed most economically by implementing this agreement and WHEREAS, the City and the County find that this agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for County residents; and WHEREAS, this agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; 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 property identified as Molsen Farm, including the acquisition of 13 acres of non -floodplain property hereinafter called the "Project" as described in Exhibit "A". The City proposes to acquire an additional 39.4 acres for a total acquisition of approximately 52.4 acres of land also described in Exhibit "A". ARTICLE B. The City shall acquire property in accordance with all state statutory requirements. The City shall provide the county with a copy of executed contract(s) for the Project. The Parks Foundation Advisory Board must approve changes to the project which alter the initial funding request as referenced in Exhibit "A"_ ARTICLE BI. The City will not expend assistance funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the entire property acquisition to be $1,724,000.00. The County agrees to fund a portion of the total cost to acquire the property in an amount not to exceed $500,000.00. The County shall reimburse the City for invoices submitted by the City for cost related to the Project (refer to Exhibit "A^). Alternative payment schedules would require Commissioners Court approval. ARTICLE V. Collin County's participation in this project shall not exceed $500,000.00 as indicated in Article IV above, The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. Following completion of the property acquisition, the City shall provide an itemized final accounting of expenditures including in-kind services or donations for the project. All projects for which the County has provided funds through its 2003 Parks and Open Space Bond Program must remain open and accessible to all County residents. 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. INDEWMCATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless 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. .�� 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 rule 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 XID. 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 shall 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. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. APPROVED AS TO FORM: COUNTY OLL TEXAS L By: By: Name_: Nam . IRWHkfis Title: Title: County Judge ATTEST: Executed on thisldk day of FebruanL 200 5 by the County of Collin, 0 pursuant to Commissioners' Court Order No.a005 - C9 I - 0,2-o7 CITY By: By: / NName; P-xr, lr 2s Title:Title: /-�,N Date:Dater .wfy /Y,00s Executed on bdidlf of the City of Allen pursuant to City Council Resolution No.831a.D— l -0SL2� APPROVED AS TO FORM: By: 0 -j Name:. Peter 6. n.'.ii., Title: 0;4-1 Aitarney Date: TRNl2, LOW EXHIBIT "A" The County will provide funding assistance for the following: o Purchase of 13 acres of non -floodplain property* Total requested $500,000.00 Total funding $500,000.00 *Molsen Farm total property acquisition by the City of Allen is approximately 52.4 acres Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of electronic photos and quarterly reports: Teresa Nelson tnelson0collincountvtexas. gov Proiect Manager Contact: (must be able to answer specific questions regarding project) Name: 7�g �geri`�:�.�l,T.�.�a-- Address: S /7-1 ! s /�t -rz" 750/3 Phone: CLS) _G09- 11700 Fax: &4 _504- 47/0 Email:a��ntler��i+a wa/ COURT ORDER NO. 2005- Qq 1 -02-07 THE STATE OF TEXAS AGREEMENTS INTERLOCAL AGREEMENT CITY OF ALLEN COUNTY OF COLLIN SPECIAL PROJECTS On February 7, 2005, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered approval of an Interlocal agreement between Collin County and the City of Allen for the purchase of land for a special use park identified as Molsen Farm through the Collin County Parks/Open Space Project Funding Assistance Program. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the attached Interlocal agreement between Collin County and the City of Allen for the purchase of land for a special use park identified as Molsen Farm through the Collin County Parks/Open Space Project Funding Assistance Program (NTE $500,000). Same is hereby approved as per the attached documentation. n 1%WMjnzk Jack Hatcl II, ommissioner, P0. 4 ATTEST: Brenda Taylor, Ex -Officio Clerk Commissioners' Court Collin County, T E X A S T.A~eMgeWV Cala\C 000MNL.W.a -0,.n Space Grant{ Xlen 0207,do