R99-105 12-13-99 RESOLUTION NO. R99 -105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH
PEARLAND INDEPENDENT SCHOOL DISTRICT FOR
COOPERATION IN CONSTRUCTION AND MAINTENANCE OF A
PLAYGROUND AT THE C. J. HARRIS ELEMENTARY CAMPUS.
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 Pearland Independent School District, 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 the original of the attached
interlocal agreement for and on behalf of the City of Pearland, for cooperation in
construction and maintenance of a playground at the C. J. Harris Elementary campus.
PASSED, APPROVED and ADOPTED this the 13th day of
December A.D., 1999.
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TOETD
MAYOR
ATTEST:
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I U N G f'
Y S ETARY
APPROVED AS TO FORM:
C ivvv;■- 0.tr
DARRIN M. COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND PEARLAND INDEPENDENT SCHOOL DISTRICT
FOR CONSTRUCTION OF A PARK AND PLAYGROUND
AT C. J. HARRIS ELEMENTARY CAMPUS AND
A NATURE PARK ON SCHLEIDER DRIVE
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This Agreement is dated as of the day of L fe/ ltf4ie 191l, by and
between the City of Pearland, Texas, acting through its City Manager or his designee "City and
the Pearland Independent School District, acting through its Superintendent "District
City and District, pursuant to the Interlocal Cooperation Act, Texas Government Code,
Chapter 791, for the mutual consideration and covenants hereinafter set forth, agree as follows:
ARTICLE I
SCOPE OF SERVICES
1.1. City agrees to provide, at its own expense, all labor, supplies, and equipment
necessary for the construction and maintenance of a park and playground at C. J. Harris Elementary
Campus, 2314 Schleider Drive, Pearland, Texas, and a nature park on Schleider Drive at Plum
(actual Tract 109 is 21/2 acres).
1.2. District agrees to provide, at its own expense, a parcel of real property located at
2314 Schleider Drive to serve as the site of the park and playground and a parcel of real property at
Abstract 147, Tract 109, Part of a 41/2 acre site located on Schleider Drive at Plum to serve as the site
of the nature park.
1.3. Edward Hersh, the City's Parks and Recreation Director, is hereby designated as the
natural person selected by City to lead, direct, and coordinate City's site work in accordance with this
Agreement.
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1.4. Greg Smith, Assistant Superintendent, is hereby designated as the natural person
selected by District to lead, direct, and coordinate District's site work in accordance with this
Agreement.
ARTICLE 2
CONTRACT TIME
2.1. This Contract may be terminated at any time after the execution hereof at the option
of either Party by giving the other Party thirty (30) days' written notice. Upon termination, the City
shall have the option of removing any improvement that is provided for the parks under this
Agreement.
ARTICLE 3
MISCELLANEOUS
3.1. District shall have control over the parks during the time of school related activities,
which may occur outside the regular school year and normal school hours, e.g., summer school
activities, carnivals, etc.
3.2. The City shall have control of the parks at all other times.
3.3. No improvement or alternation of the park sites shall be allowed without the mutual
approval of the City Manager or his designee and the District's Superintendent or his designee.
3.4. District and City shall maintain general liability insurance in the amount of
$1,000,000.00 and errors and omissions insurance in the amount of $1,000,000.00 for alleged harm
arising from the use or activities at the parks.
3.5. Neither City nor District may rent or reserve the park sites to third parties without
written permission from the other.
3.6. The cost of repairs for damage, other than ordinary wear and tear, to the park
equipment shall be borne by the party in control of the parks at the time the damage occurred. This
provision is not intended to restrict either party's right to contribution from any third party actually
responsible for the damage.
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3.7. City and District agree and understand that in performance of this contract, all
employees of City shall remain City employees and shall not be considered agents, employees or
borrowed servants of District, and all employees of District shall remain District employees and
shall not be considered agents, employees or borrowed servants of City.
3.8. City and District further agree that work and materials provided by City in accordance
with this Agreement, are provided without warranty of any kind to District or any third party, and
work and materials provided by District in accordance with this Agreement, are provided without
warranty of any kind to City or any third party.
3.9. This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
3.10. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
3.11. This Agreement may only be amended, modified, or supplemented in writing and
subsequently dated by City and District.
3.12. Each party paying for the performance of governmental functions or services must
make those payments from current revenues available to the paying party.
SIGNED and ENTERED this /1 T11 day of ba iC. 19 9f
ATTEST: CITY OF PEARLAND
ung Lo Glen R. Erwin
y Sec ry City Manager
PEARLAND INDEPENDENT SCHOOL DISTRICT
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BY: ia...
ames P. chleider
Superintendent
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THE STATE OF TEXAS
COUNTY OF er'a2o G
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he /she executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS i 4 +y DAY OF
aes A.D., 19 61 1 C
nk "1 MELISSA HARRIS NOTARY PUBLIC, STATE OF TEXAS
Notary Public, State of Texas
a r,,n,Commission Commission Expires:.' 03
if 1 t July 19, 2003 Printed Name: /77 €'.4 S A..
THE STATE OF TEXAS
COUNTY OF 13Rf} ZOR/
BEFORE ME, the undersigned Notary Public, on this day personally appeared
James P. Schleider, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OFFICE THIS DAY OF
/Ea (Yt 1? Z. A.D., 19 99 n
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4 i.iit A ,,A fo
BRENDA M M. RIGGS NO Y PUBLIC, STA E OF E .t
r F% j am Notary Public ,State of Texas y Co' mission Ex sires: ry� (3
f Com mission Expires 6 -12 -01 Printed Nam �D �ti 3
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