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HomeMy WebLinkAboutRes 2017-11-378 ISD ILA ParkingCITY OF ANNA, TEXAS RESOLUTION NO. dol' lj-37g' A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE JOINT USE OF FACILITIES BETWEEN ANNA INDEPENDENT SCHOOL DISTRICT AND THE CITY OF ANNA, TEXAS 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 of Anna, Texas (the "City") and the Anna Independent School District (the "District") desire to enter into an Interlocal Agreement for the Joint Use of Facilities (the "Agreement"); and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has determined that the Agreement with the District will benefit the residents of the City of Anna, Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the City Manager to execute same on its behalf. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of November, 2017. ATTEST: APPROVED: 6L, =0= t 4" •. Y Carrie L. Smith; City Secretary',Nate Pike, Mayor INTERLOCAL AGREEMENT FOR JOINT USE OF FACILITIES This is an Agreement made by and between the City of Anna, Texas (the "City") and the Anna Independent School District (the "District") (collectively referenced herein as the "Parties") regarding the joint use of certain properties (this "Agreement"). Section 1. Background. 1.01 The City currently owns a parcel of land known as "Slayter Creek Park" (the "Park"), which is used by the general public for park purposes. 1.02 The District and the City desire to reach a mutually beneficial agreement to improve the Park and allow joint use of certain facilities of the Park as further described in this Agreement. Section 2. General Terms 2.01 For and in consideration of the promises and agreements set forth in this Agreement, the District will, at its sole expense, construct or cause to be constructed additional parking areas, a sidewalk, and drive access to the Park, as set forth in this Agreement and as generally depicted in EXHIBIT A ("Park Improvements"), and dedicate any and all existing or future interests in those improvements to the City (whether or not they are completed), by means of a dedicatory instrument which shall be duly authorized by the District's Board of Trustees and executed by the President of the District's Board of Trustees. The Park Improvements shall at minimum include 1,900 lineal feet of 5 -foot wide sidewalk along Rosamond Parkway to tie into the trail located east of the skateboard facility; 85 additional parking spaces at the Park; and an additional entry/exist driveway at the Park. Upon completion of construction of the Park Improvements, the District shall deliver to the City a supplement to Exhibit A to this Agreement consisting of "as -built" plans of said improvements, which shall be incorporated into and become part of said exhibit and this Agreement without further amendment by the Parties. The construction activities performed under this provision shall be conducted by the District and its agents in accordance with all applicable building codes, development codes, and City ordinances, except that the City shall waive application and permit fees associated with the Park Improvements. The District shall not commence construction of the Park Improvements or any portion thereof until the District has submitted detailed construction plans and the City has approved said plans. The City shall have the right to inspect the construction of the Park Improvements while in progress in order to verify compliance with Exhibit A, building codes, development codes and City ordinances. 2.02 For and in consideration of the promises and agreements set forth in this Agreement, the City grants the District (and its employees, students, and guests) a nonexclusive, nontransferable license to use existing and future Page 1 of 6 parking facilities at the Park for the purposes of the District relating to District events and activities that occur in the District's football stadium (the "Parking License"). 2.03 Notwithstanding any other term of this Agreement, the Parking License shall automatically terminate, without any action or notice provided by the City, if construction of the Park Improvements is not complete on or before December 31, 2018. 2.04 The City and the District acknowledge and agree that the exchange of consideration outlined in this Agreement fairly compensates the District and the City for their respective contributions. 2.05 All costs associated with this Agreement shall be paid from the current revenues available to the paying party. Section 3. Joint Use of the Parking and Access Facilities 3.01 Upon the execution of this Agreement, the City and District shall each mutually enjoy nonexclusive rights to use the parking and access facilities of the Park, including the Park Improvements, to the extent provided for in this Agreement and in a manner consistent with the nature of such facilities. 3.02 The District shall not use, or permit the use of the existing and future parking facilities (including the Park Improvements) in any manner that results in waste of the premises or constitutes a nuisance, nor shall the City use or permit the use of the Park Improvements for any illegal purpose. However, the City shall not be responsible for any waste, nuisance or illegal use that occurs and interferes with the District's enjoyment of the Parking License unless the City has, in writing, pre -approved of such waste, nuisance or illegal use. 3.03 The City may make improvements to the Park without notice to or prior approval of the District, including the installation of City equipment not in conflict with the District's use. Said improvements shall be at no cost or expense to the District, unless the City and the District first agree in writing. In the event that a planned City improvement is found likely to interfere with the District's reasonable enjoyment of the Parking License, the City shall provide the District with 30 days' advance written notice of the predicted disruption and estimated duration thereof. 3.04 The City and District shall comply with all governmental laws and regulations applicable to the use of the Park and its associated facilities. 3.05 Unless otherwise provided, it is agreed that the City and the District each shall be individually responsible for taking all steps necessary to keep the Park facilities, including the Park Improvements, in a good and useable condition in the event that respective use causes any damage to said facilities. To the extent that the Page 2 of 6 City or the District may cause or become aware of any damage to any such facilities, such party shall undertake all reasonable efforts to notify the other party of such damage as soon as practicable, and in any event shall provide such notice in writing to the other party within three business days of becoming aware of any such damage. Notwithstanding the foregoing, in the absence of any District use of the Park facilities, the City shall be responsible for routine maintenance of the Park and any completed Park Improvements. 3.06 The District will monitor parking lots used by the District for District events or other activities that occur in the District's football stadium. The District shall prevent vehicles from parking in areas outside of designated parking lots. When hosting events that require parking that exceeds the available parking spaces at the AISD Middle School campus, the football stadium, and the Park, the District will redirect overflow parking to the Anna High School parking lots. The District will provide shuttle service to the AISD Stadium for District events where event parking will overflow into the parking lots at Anna High School. 3.07 The Parties may enter into separate written memorandums of understanding with one another further defining the specific responsibility of each party for scheduling of special events, maintenance, upkeep, and similar issues. Such memorandums of understanding under this provision may limit or otherwise modify the scope of the Parking License for certain temporary events or occurrences. 3.08 The Parties shall coordinate scheduled uses in a manner that will ensure necessary Park maintenance can be done while maximizing the usable parking facilities to the degree practicable. 3.09 Unless otherwise agreed in writing, use of the parking areas at the Park shall be based on first come first serve basis, except for parking spaces specifically reserved using signage authorized by the City. Section 4. Term and Effective Date. 4.01 The initial term of this Agreement is 10 years and shall automatically renew for periods of five years if neither party gives notice of its intent to terminate this Agreement within 60 days before the expiration of the current term. The dedication of Park Improvements to the City by the District as described in Section 2 shall survive the termination of this Agreement. 4.02 The effective date of this Agreement is the date that this Agreement has been duly authorized by the governing bodies of the Parties and signed and dated by their duly authorized representatives. Section 5. Liability Release & Indemnification. Page 3 of 6 5.01 The District shall defend, hold harmless, and fully indemnify the City, its officers, agents, employees, and servants while acting in the scope of their duties as such, from and against all claims, demands, liabilities, and causes of action of any kind or character (collectively "claims"), including the costs of defense thereof, brought by any employee, agent, officials, students, parents, guests, or servants of the District or any third party (including but not limited to assigns, heirs, bystanders, or survivors) for any injury, death, loss, or damage to persons, and/or to property that is in any manner related to the District's use or enjoyment of the Parking License and/or the District's construction of the Park Improvements, including but not limited to claims relating to the use or nonuse of any of the District equipment which may be located there, or any condition of the premises. 5.02 The City shall defend, hold harmless, and fully indemnify the District, its officers, agents, employees, and servants while acting in the scope of their duties as such, from and against all claims, demands, liabilities, and causes of action of any kind or character (collectively "claims"), including the costs of defense thereof, brought by any employee, agent, officials, students, parents, guests, or servants of the District or any third party (including but not limited to assigns, heirs, bystanders, or survivors) for any injury, death, loss, or damage to persons, and/or to property that is in any manner related to the City's use or enjoyment of Park Improvements, including but not limited to claims relating to the use or nonuse of any of City equipment which may be located there, or any condition of the premises. 5.03 The City and the District agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege, or other amenities of employment applicable to the other party. The City understands and agrees that the City, its employees, servants, agents, and representatives shall not represent themselves to be employees, servants, agents, and/or representatives of the District. The District understands and agrees that the District, its employees, servants, agents, and representatives shall not represent themselves to be employees, servants, agents, and/or representatives of the City. Section 6. Other Provisions. 6.01 This Agreement has been duly approved by the governing body of each party to this Agreement at duly noticed public meetings held in accordance with the Texas Open Meetings Act. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby Page 4 of 6 certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. 6.02 This Agreement may be amended at any time by a duly authorized written agreement of the Parties. 6.03 Notwithstanding any provision of this Agreement, the Parties' respective sovereign immunity to suit and liability is waived only to the extent necessary for the City or the District to pursue claims of breach of the provisions of or to enforce this Agreement and to seek resulting damages. The City and the District are not entering into a joint enterprise. The Parties acknowledge and agree that the City and the District and/or its officials, officer, employees, servants, agents and representatives do not waive any sovereign or governmental immunity or any other type of immunity available to any of them under applicable law and do not waive any available defenses or limitations under applicable law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither of the Parties waives any immunity or defense that would otherwise be available to it against claims by third parties. 6.04 The Parties do not intend that this Agreement shall inure to the benefit of any third party. The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. This Agreement represents the entire and integrated Agreement between the Parties relating to its subject matter and supersedes all prior negotiations, representations and/or Agreements, either written or oral to the extent related to the subject matter of this Agreement. 6.05 The validity of this Agreement, and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Collin County, Texas and any disputes arising hereunder or growing out of or related to the performance of this agreement shall be brought solely in a court of competent jurisdiction in Collin County, Texas. 6.06 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. This Agreement has been executed by the Parties on the respective dates set forth below: Page 5 of 6 ANNA INDEPENDENT SCHOOL CITY OF ANNA DISTRICT I Pete Slaughter, District Superintendent ME Date: Date: Page 6 of 6 rs, City Manager IN ■