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Home My WebLink AboutResolution No. 2008-101RESOLUTION NO. R2008-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY AND THE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT FOR ISSUES RELATING TO TRAFFIC STUDIES, PERMIT AND INSPECTION FEES, JOINT USE AGREEMENTS OF SCHOOL DISTRICT AND CITY FACILITIES, AND THE SHARING OF MAINTENANCE RESPONSIBILITIES OF CERTAIN FACILITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: SECTION 1. That an Interlocal Agreement by and between the City and the Friendswood Independent School District for issues relating to traffic studies, permit and inspection fees, joint use agreements of school district and city facilities, and the sharing of maintenance responsibilities of certain facilities is hereby approved. SECTION 2. That the Mayor and City Secretary are authorized and directed to execute and attest, respectively, the Interlocal Agreement by and between the City and the Friendswood Independent School District in substantially the same form as is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED, APPROVED AND RESOLVED on this 15th day of December, 2008. David J. H.(S i Mayor ATTEAT: Deloris McKenzie, TRMC City Secretary Exhibit A (R2008-101) Interlocal Agreement This Interlocal Agreement (this "Agreement") is made and entered into between the Friendswood Independent School District (the "District") and the City of Friendswood (the "City") pursuant to the Interlocal Cooperation Act, Tex. Gov't Code § 791.001 et seq., and Tex. Local Gov't Code § 332.021. The parties have agreed to cooperate in certain development activities, set forth in detail below. A. Joint Traffic Study The City will hire an independent consultant to conduct a traffic study of Centennial Park and the site of the future Friendswood Junior High School, the area surrounding Friendswood High School, and Stadium Drive. The District and City will share equally in the cost of the traffic study. B. Permit and Inspection Fees The City of Friendswood will waive all permit and inspection fees for newly constructed or renovated district facilities funded from the 2007 Bond. C. Centennial Park Through a facilities sharing agreement to be executed by the parties, the City agrees that the District may construct a running track on City -owned park property adjacent to the new Friendswood Junior High School site. The track will be available for public use when not in use by the District. The District will maintain the track and the grass around the track. 2. The District will design and construct detention ponds on City -owned park property adjacent to the new Friendswood Junior High School site. The District will reconstruct multi -purpose playing fields on the bottom of the pond. The City will, through a licensing agreement, convey an easement to the District for the park property. The City will, through a licensing agreement, allow the District to place drainage and stormwater facilities through City -owned park property to Tributary 1. 4. The City will, through a licensing agreement, will allow the District to utilize a 50' right- of-way strip adjacent to the NW side of the new Friendswood Junior High School site, bordering the back of homes in Lakes of Falcon Ridge and Eagle Lakes Subdivisions for the purposes of landscaping and future maintenance. 5. The City will stripe Manison Parkway to allow for two lanes exiting Centennial Park, and the City and the District will share equally in the costs thereof. EXHIBIT A D. Hiah School The City will, through a licensing agreement, allow the District to place ballfield facilities in the 20' right-of-way bordering Wilderness Trails and the high school property, for District use. 2. The City will allow the District to expand concrete parking over the ditch that runs along Mustang Road. The City agrees to allow, through a licensing agreement, the right of the District to use such property. The District will be responsible for constructing culverts and all drainage improvements necessary in the easement area. 3. The District will convey a 20' water line easement to the City, located between Mustang Road and Falling Leaf, bordering homes in the Pines of Wilderness Trails. E. Miscellaneous Provisions 1. The failure of any party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Agreement, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition by the other party hereto; the obligation of such party with respect to such future performance shall continue in full force and effect. 2. This Agreement may not be altered or amended except in writing executed on behalf of all the parties. 3. This Agreement is made subject to and shall be construed in accordance with the laws, rules, orders, regulations and ordinances of the State of Texas, the County of Galveston, the City of Friendswood and the Board policies of the District. In performing the obligations required of it under the terms of this Agreement, the District will comply with all applicable federal, state, county and city ordinances, rules and regulations. 4. This Agreement shall bind and benefit the respective parties and their legal successors and shall not be assignable in whole or in part, or bestow any rights or benefits upon any third parties. 5. The District will require any contractor performing work on behalf of the District to maintain and provide proof of general liability insurance covering the construction or installation of any improvements that the District or its contractors are obligated to construct or install herein. Likewise, the City will require any contractor performing work on behalf of the City hereunder to maintain general liability insurance covering the construction or installation of any improvements that the City or its contractors are obligated to construct or install herein. The policies shall provide for minimum coverage of One Hundred Thousand Dollars ($100,000.00) for injuries or death to any one person, not less than Three Hundred Thousand Dollars ($300,000.00) for injuries or death to more than one person in any one accident or occurrence, and not less than One Hundred Thousand Dollars ($100,000.00) for any single occurrence for injury to or destruction of EXHIBIT A property. Nothing herein shall constitute a waiver or limitation of any defense or immunity to which the City or the District is entitled under law. 6. This Agreement contemplates the future execution of various and additional written agreements and instruments, including a facilities sharing agreement, certain licensing agreements and easement documents. In the event that the parties fail to agree upon or execute such contemplated agreements or instruments, neither party shall have the right to seek or pursue any equitable relief or monetary damages with respect to any obligation herein, or intended by the parties to be further memorialized or clarified in a subsequent agreement or instrument. Unless otherwise stated, obligations undertaken by a party hereunder shall be at that party's sole expense, and paid for from current budgeted funds. EXECUTED on the dates below written. FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT By: P esident, Board f Trustees CITY OF FRIENDSWOOD r By: Name: David J. Smith Title: Mayor ,L Attest: lame: Deloris McKenzie TRMC Title: City Secretary 0 u c ��. e,,, / r iI 12/15/08 Date Date