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R-2013-186 2013-11-25RESOLUTION NO. R2013-186 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 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26. 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 Brazoria County Municipal Utility District No. 26, 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 Brazoria County Municipal Utility District No. 26. PASSED, APPROVED and ADOPTED this the 25th day of November, A.D., 2013. 0914-) TOM REID w' ��.►s MAYOR ATTEST: 1-11 MARIA E, RODRIGUEZ DEPUTY CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution 2013-186 Exhibit "A" INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 AND THE CITY OF PEARLAND REGARDING USE OF THE SHADOW CREEK RANCH SPORTS COMPLEX This Interlocal Agreement (this "Agreement"), is made and entered into as of the .25*- day of /Uo,deZ_. , 2013 by and between the BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 26 (the 'District") and the CITY OF PEARLAND, TEXAS, a Texas Municipality (the "City"). RECITALS WHEREAS, Both parties desire to enter into this Agreement in accordance with the provisions of the Interlocal Cooperation Act, being Chapter 791 of the Texas Government Code; WHEREAS, The City and the District share similar objectives as both are serving a common base of taxpayers; and WHEREAS, Based on the City's beliefs, the Pearland Parks & Recreation Department is dedicated to promoting a higher quality of life for City and District residents through developed parks and well maintained facilities that are safe and accessible to all, and the District supports the City in such endeavors; and WHEREAS, The City owns certain property to be developed as the Shadow Creek Ranch Sports Complex, the entirety of which is currently not required for City use; and WHEREAS, The City desires to allow a portion of the property to be used by the District for governmental purposes. NOW, THEREFORE, in consideration of the promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. City Responsibilities The City shall allow the District to use the property, depicted in Exhibit A and attached hereto (the "Property"), for the purpose of constructing temporary recreational improvements in the form of multi -use athletic fields ("Improvements"). Prior to commencing construction of Improvements, the District shall submit the plans for the Improvements to the City's Director of Parks and Recreation for approval. Upon approval and receipt of the insurance certificates required herein, the City shall provide the District access to the Property. 2. District Responsibilities a. The District shall have the right to use the Property, provided such use is limited to the purposes described herein. b. The District shall be responsible for all construction, maintenance and repairs associated with the Improvements. The District shall be responsible for keeping the Property maintained to ensure the Property complies with the City's regulations for property related to Parks. At the conclusion of this Agreement or upon its termination by either party, any Improvements made by the District to the Property shall become the property of the City with no compensation due to the District unless the District chooses to first remove such Improvements and restore the Property to its prior condition. c. The District shall at all times ensure the Property is operated compliance with applicable City rules and regulations. d. The District agrees, to the extent allowed by law, that it shall defend, hold harmless and indemnify the City, it officers, agents and employees from any and all demands, claims, losses, suits, actions and legal proceedings brought against it arising from the District's use of the Property. e. Prior the District's occupancy of the Property, the District shall provide a certificate of general liability insurance to the City evidencing coverage in the amount of $1,000,000 per occurrence/$2,000,000 aggregate, naming the City as an additional insured and including a waiver of subrogation in favor of the City. f. The District shall be responsible for managing the use of the Property which shall include the responsibility for scheduling the use of the Property with user groups. 3. Term This Agreement shall commence on December 1, 2013, and shall terminate on the last day of December, 201.4, unless terminated earlier pursuant to other provisions of this Agreement, or extended by mutual agreement of the governing bodies of the City and the District. Notwithstanding anything to the contrary in this Agreement, either party may terminate this Agreement earlier, without penalty, upon 120 days written notice to the other Party. Early termination for default shall be governed by the terms of Section 4 of this Agreement. 4. Default The District shall comply with all City policies, state and federal laws and regulations pertaining to the Property. Violations of any applicable policies, laws and regulations shall constitute a default, and this Agreement may be terminated up 60 days' notice. Before the failure of any party to perform its obligations under this Agreement shall be deemed a breach, the party claiming such failure shall notify, in writing, the party alleged to have failed to perform and shall demand performance. No breach of this Agreement may be found if the alleged default has been corrected within 30 days of the receipt of such notice. 5. Notices To be effective, notices provided under this Agreement must be in writing, and shall be deemed to have been received for all purposed upon the earlier to occur of (a) actual receipt by any reasonable means, or (b) three (3) days after the same is deposited by U.S. certified or registered mail, return receipt requested, and addressed as follows: If to the District: If to the City: Allen Boone Humphries Robinson Phoenix Tower 3200 Southwest Freeway, Suite 2600 Houston, TX 77027 ATTN: Lynne Humphries Michelle A. Smith Director, Parks & Recreation 3519 Liberty Drive Pearland, TX 77581 6. Assignment The District shall not have the right to sublease any portion of the Property or assign this Agreement in whole or in part. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above writte City of Pearland ATTEST: L% -A/kit City Secretary DDGs S /T Date it/ad/3 Date /�• Zl�-/3 Date