Loading...
R2019-084 2019-03-25 RESOLUTION NO. R2019-84 A Resolution of the City Council of the City Of Pearland,Texas,authorizing the City Manager or his designee to enter into an Interlocal Agreement with Harris County Flood Control District ("HCFCD") associated with the Green Tee Terrace Bike and Pedestrian Trail Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and HCFCD, a copy of which is attached hereto as Exhibit"A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with HCFCD. PASSED, APPROVED and ADOPTED this the 25th day of March, A.D., 2019. Liark TOM REID MAYOR ATTEST: `"'III,,,,'' . , .„,,,,,,„A,,, ,„ ***..,.„, /„..,. . ,,,,, f Et/ / ..*:' -E Y SE 'ETARY APPROVED AS TO FORM: JC)I 4,"•.....____J. IL( arL____ DARRIN M. COKER CITY ATTORNEY AGREEMENT NO. 1301 } o FLOOD CERTIFIED MAIL #7016356000007693 CONTROL RETURN RECEIPT REQUESTED =DISTRICT May 13, 2019 City of Pearland Attention: Jennifer Lu 3519 Liberty Dr. Pearland, Texas 77581 RE: Interlocal Hike and Bike Agreement with City of Houston HCFCD Agreement I.D. #1301 HCFCD Unit A100-00-00; Key Map 615-M; Precinct 1 Dear Ms.Lu: Please find enclosed one (1) fully executed original of the above-referenced agreement between the Harris County Flood Control District and City of Pearland. This item is being transmitted for your use and files. Should you require any additional information, please contact this office. Sincerely, s / dogliMirdeme . mit Property Management Department `es Enclosure: Agreement cc: Judy Springer — Precinct 1 Andrew Orlando — HCFCD Contract File 9900 Northwest Freeway • Houston,Texas 77092 • 713-684-4000 • HCFCD.org AGREEMENT NO. 1301 INTERLOCAL HIKE AND BIKE TRAIL AGREEMENT (Easement Only) THE STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT is made, entered into pursuant to the Interlocal Cooperation Act, TEXAS Gov'T CODE ANN., Chapter 791, and executed by and between the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafter called"HCFCD"or the "District"and the City of Pearland, a municipal corporation and home-rule city under the laws of the State of Texas, principally located in Brazoria County, Texas, hereinafter called "Pearland,"each a party, and collectively, the parties. RECITALS: WITNESSETH, that WHEREAS, Pearland desires to construct and maintain a 10-foot wide public hike and bike trail and pedestrian bridge with related appurtenances along the northeast side of HCFCD Unit A100-00-00 approximately 750 feet in length, hereinafter called the "Trail;" and WHEREAS, the District has no objection to Pearland using the property in which the District owns an easement (hereinafter the "Property") for the purposes stated herein, subject to the conditions hereinafter provided; and WHEREAS, the parties recognize that flood control and drainage is the paramount public purpose of the HCFCD Unit along which the Trail will be constructed and maintained by Pearland; and WHEREAS, a map/layout of the proposed alignment of the Trail, which has been reviewed by the District personnel and is shown in Exhibit "A" attached to this Agreement for descriptive purposes only. NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: TERMS: I. Plans and Specifications After the approval of this Agreement by the Commissioners Court of Harris County, Pearland will furnish to the District, more specifically the District Watershed Coordination Department, for the District's written approval, detailed construction plans and specifications conforming with the District's Policy, Criteria and Procedures Manual (PCPM), (hereinafter the "Plans and Specifications") for the Trail. All proposed trail related appurtenances must be shown on the plans submitted for review and approval. After the approval of the Plans and Specifications by an authorized representative of the District, an authorized representative of the District will so notify AGREEMENT NO. 1301 Pearland that the District allows Pearland's use of the Property for the purpose of constructing and maintaining the Trail. II. Construction Only after receipt of the notice of the approval of the Plans and Specifications from the District, Pearland, at Pearland's sole expense, shall commence to construct, and shall proceed diligently until completed (but in no event longer than one (1) year from the commencement of construction of the Trail, unless the District's Executive Director or his designee(s) (hereinafter the "Director") determines in his sole discretion that good cause exists to extend the time in which the Trail is to be completed), the Trail in a good and workmanlike manner and in substantial accordance with the Plans and Specifications, which have been approved in advance by the District for such purposes. HCFCD approval of Plans and Specifications does not relieve Pearland of the duty to ensure that its Trail and appurtenances do not obstruct HCFCD access to channel infrastructure for maintenance and repair. If any conflict arises between the provisions of the Plans and Specifications and the provisions of this Agreement, this Agreement shall be controlling and binding upon the parties hereto. If any portion of the Property is covered by an agreement between the District and the United States Army Corps of Engineers (USACE), Harris County, or any other party, then those agreements take priority over this Agreement and Pearland must obtain the consent and approvals from said parties, in addition to District approval, prior to undertaking the construction or maintenance of the Trail. Upon request and payment of duplication costs, the District will furnish Pearland with an electronic copy of any such agreement then in effect which covers any portion of the Property across which Pearland proposes to construct or maintain a Trail. If third party encroachments on the Property adversely affect Trail construction or maintenance, Pearland will coordinate with the third party to remove the encroachments with due consideration to relevant property rights and applicable law or, if necessary, Pearland may petition for such removal from a court of law. The District will not assist with or participate in any action for the removal of existing encroachments affecting Trail construction or the removal of new encroachments placed after Trail construction. Trail construction shall provide positive drainage. Pearland shall not construct, install or place improvements or property or plant vegetation that blocks access to HCFCD standard maintenance equipment or as needed for HCFCD projects. III. Compliance with the Law Pearland shall comply with all requirements of the Americans with Disabilities Act, the Texas Architectural Barriers Act, and all other laws, statutes, ordinances, regulations, and other requirements, now or hereafter in force, of all federal, state, and local governmental bodies and agencies which are applicable to the Property and the Trail. Pearland shall be responsible for all permits required for the construction of the Trail and all consents required to be obtained from any applicable governmental agency or underlying fee owner. • • AGREEMENT NO. 1301 IV. Maintenance and Repair Pearland shall maintain in good repair and in safe condition the Basic Maintenance Area or Extended Maintenance Area, as defined below, the Trail and all associated improvements and appurtenances constructed or to be constructed along the Trail. In addition to the other maintenance responsibilities described below, Pearland is responsible for warning of and making safe a dangerous condition within said maintenance areas for the protection of the public. Pearland shall barricade or cause to be secured sites along the Trail that pose a threat to public safety, including but not limited to sinkholes, failures of retaining walls, slope failures, erosion, Trail infrastructure or appurtenances, until Pearland can correct the dangerous condition. Pearland acknowledges that the Trail or one or more of its improvements and appurtenances could adversely affect the condition of the Property's flood control features. Therefore, in the event the Director, in his sole discretion, determines that the Trail or one or more of its improvements or appurtenances has damaged or destroyed a flood control feature of the Property, or compromised channel integrity then all such property of the District so damaged or destroyed shall be promptly repaired or replaced by Pearland to the satisfaction of the Director and in accordance with the criteria set forth in the District's PCPM. However, in lieu of said repair or replacement, Pearland shall, if so required by the Director, pay to the District money in an amount deemed sufficient by the Director, in his sole discretion, to compensate for the loss sustained by the District as a result of damages or destruction to said flood control features. Pearland shall perform its obligations as specified herein regardless of who or what necessitated the repairs or replacement and without the aid or assistance of the District or the District's equipment, personnel, or materials. In addition, the Director may remove at Pearland's cost or demand immediate removal of those portions of the Trail or appurtenances that have damaged a flood control feature or channel integrity or which may block access to HCFCD's desired use of the Property. a. Basic Maintenance Basic Maintenance tasks described in this subsection shall be performed in the Basic Maintenance Area. The Basic Maintenance Area shall be the side of the bayou on which the Trail and related amenities and appurtenances are or will be constructed, installed, or placed, between the boundary of HCFCD's right-of-way line and the top of bank of the bayou; or as otherwise provided in the Plans and Specifications approved by HCFCD as provided herein. Pearland is responsible in its planning and construction of the Trail and appurtenances to ensure free and unobstructed access to the channel infrastructure and slopes by HCFCD's maintenance and repair equipment as determined by HCFCD or its contractor without regard to the existence of the Trail and appurtenances and dictated by mowing categories based on site characteristics as defined in HCFCD's Vegetation Management Manual. If a Trail or appurtenance obstructs HCFCD maintenance or repair access or necessitates a mowing category change at any location along the Trail, Pearland maintenance responsibilities for the Trail and Property, from the point of obstruction or mowing category change to the Districts next designated unobstructed point of access, will change from Basic Maintenance to Full Maintenance, as defined below. Within the Basic Maintenance Area: Pearland shall maintain and keep in good repair and safe physical condition (e.g., cracks, potholes, and other physical attributes) the Trail and related amenities and appurtenances, including but not limited to pavement, slope, bridges, stairways, railings, landscaping, traffic control signs, and shall mow, edge and trim the grass at such time intervals so as to keep same from attaining a height of more than nine (9) inches, and remove trash, paper, debris; silt shall be removed from Trails and related amenities and appurtenances; provide tree maintenance and remove dead or dying trees • AGREEMENT NO. 1301 and tree limbs; manage undesirable vegetative species; and empty trash receptacles. Pearland shall be responsible for proper disposal of all collected refuse or recyclable material. Dangerous conditions shall be repaired as soon as possible to ensure usability and safety. Graffiti shall be removed within seventy-two (72) hours of notice to Pearland. Debris, tree limbs, and silt shall be removed from the Trails and related amenities and appurtenances within two (2) weeks of water receding from minor and major flood events. All other Basic Maintenance activities described in this subsection shall be performed at such time intervals so as to keep the Basic Maintenance Area neat and tidy at all times for public use. Replacement and removal of plantings shall be approved in advance by HCFCD. Where a dead, damaged, or diseased tree poses an immediate risk to public safety all or portion of the tree may be removed as necessary to protect the public without prior notice provided that Pearland shall notify the District of such removal as soon as practicable. b. Full Maintenance in Extended Maintenance Area Where the Trail traverses below the upper maintenance berm or under a bridge necessitating placement of the Trail on the side slope or on a lower bench, the area from the District right-of-way to the centerline of the channel and horizontally from a distance of fifty (50) feet beyond the termination of the hand railing or retaining wall or fifty (50) feet beyond where the Trail moves to the upper maintenance berm is herein called the "Extended Maintenance Area." Pearland will be responsible for Full Maintenance of the Extended Maintenance Area. Full Maintenance is Basic Maintenance, as defined above, plus Pearland shall mow, edge, and trim said grass from the District right-of-way to the water's edge. Full Maintenance shall also include repair of channel infrastructure, including but not limited to repairs of earthen slope failures and erosion, concrete pavement, riprap, outfalls, culverts or bridges installed for Trail crossings, stairways, landscaping, traffic control signs, hand railings, retaining walls, headwalls and wingwalls, backslope swale systems, and drainage features in, around or under the Trail, and all other improvements and appurtenances constructed or to be constructed along the Trail. V. Trail Alteration and Inspection Pearland will not undertake any alteration to the Trail, any existing improvements thereto, or begin any construction without first securing the written approval of an authorized representative of the District of the plans and specifications for the same. All Plans and Specifications must comply with the criteria set forth in the District's PCPM, as updated from time to time. With the prior written consent of an authorized representative of the District, Pearland may make minor changes necessary or desirable during the construction of the Trail. Submission of Plans and Specifications are not required for minor maintenance and repair work. Pearland shall notify the District forty-eight (48) hours in advance of the start of any construction, repairs, or modifications. During the term of this Agreement, the District, its Director or his designee(s) (hereinafter the "Director") may inspect the Trail and the Maintenance Area to determine whether Pearland is constructing and maintaining the Trail and performing its other obligations pursuant to this Agreement. VI. Trees and No Waste Pearland shall not cause or permit any waste upon the hereinabove described Trail and Property. Further, Pearland shall not cut or damage any tree or trees on the District's Property with a diameter • • AGREEMENT NO. 1301 breast-high ("dbh") greater than three (3) inches at a level approximately four and one-half(41/2)feet from its base, without the prior written consent of the District's Director, except as otherwise permitted herein. VII. Public Use and No Fee The Trail shall be open to the use of the general public. No fee or charge shall be imposed for the use thereof. VIII. Limitation and Disclaimer of Warranty The District has no objection to Pearland using the portion of its Property in which the District owns an easement for the purposes stated herein. The District does not have the right to authorize the use of the Property in which it merely owns an easement. Pearland's right to the use and enjoyment of the Trail for the purposes herein stated is expressly limited to the District's right, title, and interest, if any, in and to the Property, and the District makes no warranty or representation as to its right, title, or interest, if any, in and to said Property. If, and in the event that, additional rights, title, and interest in and to the Property are needed for the construction, maintenance, or operation of the Trail, the acquisition of such rights, title, and interest shall be at the sole expense and obligation of Pearland. The District makes no representation as to the suitability of the soils, condition of existing drainage infrastructure, or the stability of the channel bank for Pearland's intended purposes. IX. Term The term of this Agreement shall extend for a term of twenty-five(25)years commencing on the date of its execution; however, it shall continue thereafter on a year to year basis, unless earlier terminated as provided hereunder. Any party hereto may terminate this Agreement prior to the expiration of said term(s), without cause, upon thirty(30)days prior written notice to the other parties hereto. X. Notices All notices shall be given to the District by registered or certified mail, postage prepaid, return receipt requested, addressed to Harris County Flood Control District, Attention: Executive Director, 9900 Northwest Freeway, Houston, Texas 77092, or to such other address as the District may designate in writing from time to time. All notices shall be given to Pearland by registered or certified mail, postage prepaid, return receipt requested, addressed to City of Pearland,Attention: Jennifer Lu, 3519 Liberty Dr., Pearland, Texas 77581. Each notice shall be considered exercised and completed upon deposit of the notice in the United States mail as aforesaid. • • AGREEMENT NO. 1301 XI. The District's Rights Paramount The District has advised Pearland and Pearland is aware that portions of the Property located along HCFCD Unit A100-00-00 was acquired for flood control and drainage purposes. The District presently uses said portions of the Property upon which the Trail is to be constructed for maintenance of HCFCD Unit A100-00- 00,and the District contemplates future use of the Property for widening of the drainage facility and for other flood control and drainage improvements as the need for the same may arise and funds may be available. The District hereby expressly reserves to itself, its officers, employees,agents,and contractors,the right to enter upon said Property and Trail at any time for any purpose necessary or convenient in connection with drainage and flood control work, to flood said Property and Trail, and to make such other use of said Property and Trail as may be necessary or desirable in connection with drainage and flood control, and Pearland shall have no claim for damages of any character on account thereof against the District, or any officer, employee,agent, or contractor thereof. The District shall have no responsibility to replace or repair any portion of the Trail or its appurtenances that is damaged in the course of such flood control activities. In the event the Trail or other structures constructed by Pearland are damaged by the District during drainage or flood control activities or by the flow of water in the channel, or if any of Pearland's improvements experience structural failure for any reason, the District reserves the right to demand immediate removal and not to allow Pearland to rebuild the Trail or replace the structures appurtenant thereto if to do so would in the Director's opinion impede the flow of water in the channel or impair channel functionality. The District further reserves the right to remove portions of the Trail from time to time as the Director determines necessary or convenient to accommodate channel improvements or for access purposes, and further, to not permit Pearland to rebuild same. The District may determine, in its sole discretion, that closure of the Trail is necessary to ensure the safety of the public for the duration of District activities. HCFCD may remove without notice, or demand immediate removal of, improvements or property constructed, placed or installed on the Property without HCFCD approval. The District shall make every reasonable effort to coordinate with Pearland on activities requiring Trail closures. In the event the maintenance, repair or replacement of a flood control feature necessitates the removal of the Trail or one or more of its improvements and appurtenances or the District determines that an unauthorized Trail feature must be removed, the District will make reasonable efforts to provide Pearland with thirty (30) days notice to remove such improvements. If Pearland fails or refuses to remove the improvements within the notice period, or if time does not permit prior notice, the District shall proceed with removal and Pearland shall reimburse the District for the costs of such removal and disposal. Pearland understands and agrees that the District's County-wide mowing, maintenance and repair schedules are dictated by the flood control and drainage needs of the entire County, prioritized by degree of deficiency and available budget. The existence of Trails or other recreational improvements along an HCFCD Unit has no bearing on the scheduling of such activities, and will not elevate the timing of mowing, maintenance or repairs to such HCFCD Unit ahead of other HCFCD Units solely because damage or erosion prevents Trail construction;damage or erosion has rendered a Trail or other recreational amenity unsafe or unusable;or Pearland's aesthetic standards are more stringent than HCFCD's standard mowing and maintenance schedule allows. In the event damage or erosion to an HCFCD Unit creates a dangerous condition within the Basic Maintenance Area or the Extended Maintenance Area, Pearland must act as provided in this Agreement to warn of or remedy the condition. • • AGREEMENT NO. 1301 XII. Covenant Not To Sue and Release PEARLAND COVENANTS NOT TO SUE AND AGREES TO RELEASE THE DISTRICT AND ITS AGENTS, OFFICERS, SERVANTS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AND INVITEES (HEREINAFTER IN THIS ARTICLE, THE "DISTRICT") FROM AND AGAINST ANY AND ALL LOSSES, LIABILITY, CLAIMS DEMANDS, AND CAUSES OF ACTION OF EVERY CHARACTER AND KIND RESULTING FROM PERSONAL INJURY, ILLNESS, OR DAMAGE TO OR LOSS OF PROPERTY OCCURRING, GROWING OUT OF, INCIDENT TO, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACTIONS OF PEARLAND,ITS EMPLOYEES,AGENTS, SERVANTS, REPRESENTATIVE, LICENSEES, OR INVITEES IN SECURING, EXERCISING,OR IN ANY MANNER PERFORMING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE COVENANT NOT TO SUE AND AGREEMENT TO RELEASE PROVIDED FOR IN THIS ARTICLE IS EXTENDED BY PEARLAND TO ALSO RELEASE THE DISTRICT FROM THE CONSEQUENCES OF THE DISTRICT'S OWN NEGLIGENCE. THIS COVENANT NOT TO SUE AND AGREEMENT TO RELEASE SHALL APPLY EVEN THOUGH ANY DAMAGE, INJURY, SICKNESS, OR DEATH IS CAUSED IN WHOLE OR IN PART BY ANY DEFECT IN OR CONDITION OF ANY REAL OR PERSONAL PROPERTY, AREA, FACILITIES EQUIPMENT,TOOLS,OR OTHER ITEMS WHICH MAY BE PROVIDED BY THE DISTRICT, WHETHER OR NOT SUCH DEFECT OR CONDITION WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY THE DISTRICT. THE COVENANT NOT TO SUE AND AGREEMENT TO RELEASE PROVIDED HEREIN SHALL NOT BE CONSTRUED IN ANY WAY TO LIMIT INSURANCE COVERAGES PROVIDED BY PEARLAND FOR THE DISTRICT PURSUANT TO THE TERMS OF THIS AGREEMENT, WHICH INSURANCE REQUIREMENTS ARE INDEPENDENT FROM AND IN ADDITION TO SUCH CONVENANT NOT TO SUE AND AGREEMENT TO RELEASE. XIII. Indemnification By Contractor Pearland will cause to be inserted in the construction contract for the Trail an agreement that the contractor will indemnify, protect, covenant not to sue, release, and save and hold harmless Pearland and the District and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Trail or any associated improvements, or on account of any act of omission by the contractor. Pearland shall furthermore require that the contractor's insurance policies name the District as an insured. Such insurance policies shall include not less than the minimum coverages as stated in the current"Harris County General Conditions for Roads, Bridges and Related Work." XIV. Insurance Requirements Pearland shall at all times keep and maintain during the term of this Agreement, at their own expense, a general liability insurance policy covering the Trail and all facilities and activities associated therewith, for the full Basic Maintenance Area or Extended Maintenance Area, as appropriate, with coverage in the amount of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for injury to or death of any one person and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for injury to or death of more than one person in any one • AGREEMENT NO. 1301 accident or occurrence, and not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for any single occurrence for damage to or destruction of property, or in the amounts of the District's maximum limitations under the Texas Tort Claims Act, whichever amounts shall be greater for covering the District. Said policy(ies) shall name the District as an insured. Pearland shall deliver a copy of each such policy to the Director of the District within fifteen (15)days after the effective date of this Agreement. Not later than thirty (30) days after the expiration date of each policy, Pearland shall furnish a copy of a renewal insurance policy to the Director of the District. XV. Not Joint Enterprise, Employee, Nor Agent This Agreement is not intended to and shall not create a joint enterprise between Pearland and the District. It is understood and agreed that the District and the District's personnel shall not be considered employees, agents, partners, joint venturers, or servants of Pearland. It is also understood and agreed that Pearland's personnel shall not be considered employees, agents, partners, joint venturers, or servants of the District. The parties are undertaking governmental functions or services under this Agreement and the purpose hereof is solely to further the public good, rather than any pecuniary purpose. The party undertaking work under this Agreement shall have a superior right to control the direction and management of such work and the responsibility for day-to-day management and control of such work except as may otherwise expressly be provided herein. XVI. No Intent to Dedicate Pearland's use of the District's Property set out herein is intended by the parties to be temporary in nature. Neither the District nor Pearland intend to designate any part of the Trail as a park, recreation area, scientific area, wildlife refuge, or historic site for any purpose, including TEx. PARKS & WILD. CODE ANN. Ch. 26, as amended, or to dedicate any part of the Trail as a park for any purpose, including TEX. Loc. Gov'T CODE ANN. Ch. 317, as amended. XVII. No Allocation of Funds It is expressly understood and agreed by the parties, such understanding and agreement being of the essence to this Agreement, that the District has not appropriated funds hereunder to fulfill any obligation created by the terms of this Agreement; provided further, however, that the District may, but shall not be obligated to, from time to time budget and appropriate funds to fulfill any obligation created hereunder. In the event the District shall fail or refuse to appropriate or expend funds necessary to perform any obligation hereunder, the sole remedy of Pearland shall be to terminate this agreement; provided further, however, that before terminating this Agreement for such failure or refusal, Pearland shall first notify the District in writing of its intent to terminate and give the District not less than thirty (30) days to remedy such deficiency, and thereafter only terminate in the event the District fails or refuses to remedy the deficiency. XVIII. Entire Agreement This instrument merges the prior negotiations and understandings of the parties and contains the entire agreement between the parties relating to the rights herein granted and the obligations herein AGREEMENT NO. 1301 assumed. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the Parties regarding this Agreement. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by all parties hereto. In the event that any of the provisions contained in this Agreement shall be held unenforceable in any respect, such unenforceability shall not affect any other provisions of this Agreement and, to that end, all provisions, covenants, agreements or portions of this Agreement are declared to be severable. XIX. Titles and Provisions Titles are for convenient reference only and shall not be used to interpret or limit the meaning of any provision of this Agreement. The use of the neuter, male, or female singular pronoun to refer to the District or Pearland shall be deemed a proper reference, even though the District or Pearland may be a male individual, a female individual, a partnership, a corporation, a limited liability company, governmental entity, or any other entity or group of two or more individuals or entities. XX. Third Party Rights, Successors and Assigns No Party hereto shall make, in whole or in part, any assignment of this Agreement without the written consent of the other party. This Agreement shall not bestow any rights upon any third party, but rather shall bind and benefit the District and Pearland only. EXECUTED in multiple originals on APR 3 0 2019 . APPROVED AS TO FORM: VINCE RYAN HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT By:4111, . , . ._...) . IllagriBY: h�� v MIT I TUR ER 4 LINA HIDALGO Assistant County Attorney County Judge ATTEST: [or WITNESS] CITY OF PEARLAND By: i By: �`• • `.,,Q a.....,',,,viYw' 10,74/G' Name: 2CAJ 10 , : s� Title: 6'1� 4/40^q fid_ '4W.. ,i • • AGREEMENT NO. 1301 Exhibit "A" Harris County Flood Control District Hike and Bike Trail City of Pearland HCFCD Unit A100-00-00 • Ir tik . • I Ait / #4(4. 4,,*, 41‘ ti, 615M c� o 615L ti� o Nvcy ������*° 41.P' N.,0 ‘ All.. . ;int,.,. / • • IF �N •4K . ,• ��'•IRUIUShU • PC 11.1)1 STR1AN BI a II I . � 4, I '''‘ . - G4, \ '1/44#0 1 615R S '%4,s,, \ilk '\ N Z0 C(.4), C (.4), C 4 F� TCNF CgFFK 1 ' 615Q of, • '�pQ ,CRF i ggqowyFqO Cq ` a FFK PggKS, FBeCF E of�ft44GR CgFFK 4 Agreement Area = —1M—M----N Legend R.O.W. (Acquired Grantee) Grantee - Public 1111 County - City of Houston H.C.F.C.D. State of Texas AGREEMENT NO. 1301 Presented to Commissioners Court THE STATE OF TEXAS § APR 3 0 2019 COUNTY OF HARRIS § APPROVE Ci 6/ Recorded Vol Page The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris CountyAdministration Building in the City of Houston, Texas, on PR 3 0 2019 , with the following members present, to wit: Lina Hidalgo County Judge Rodney Ellis Commissioner, Precinct No. 1 Adrian Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to wit: rl 11 e constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BY AND BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF PEARLAND TO CONSTRUCT AND MAINTAIN A PUBLIC HIKE AND BIKE TRAIL ON HCFCD UNIT A100-00-00, KEY MAP 615-M, PRECINCT 1 • Commissioner r))t3 introduced an order and made a motion that the same be adopted. Commissioner A•(Grc_14 seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Lina Hidalgo ❑ ❑ AYES: Comm. Rodney Ellis 1 ❑ ❑ NAYS: Comm. Adrian Garcia ❑ ❑ ABSTENTIONS: Comm. Steve Radack ❑ ❑ Comm. R. Jack Cagle ❑ El The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law-fully adopted. The order thus adopted follows: WHEREAS, Pearland desires to construct and maintain a 10-foot wide public hike and bike trail and pedestrian bridge with related appurtenances along the northeast side of HCFCD Unit A100-00-00 approximately 750 feet in length, hereinafter called the "Trail;" and WHEREAS, the District has no objection to Pearland using the property in which the District owns an easement (hereinafter the "Property") for the purposes stated herein, subject to the conditions hereinafter provided; and WHEREAS, the parties recognize that flood control and drainage is the paramount public purpose of the HCFCD Unit along which the Trail will be constructed and maintained by Pearland; and WHEREAS, a map/layout of the proposed alignment of the Trail, which has been reviewed by the District personnel and is shown in Exhibit "A" attached to this Agreement for descriptive purposes only. AGREEMENT NO. 1301 NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Lina Hidalgo is hereby authorized to execute, for and on behalf of the Harris County Flood Control District, an Interlocal Agreement by and between the Harris County Flood Control District and the City of Pearland, for construction and maintenance of a public hike and bike trail and pedestrian bridge with related appurtenances, on, over, across, and through certain Property located along the northeast side of HCFCD Unit A100-00-00 said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein.