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HomeMy WebLinkAbout03-1146 01-28-2003RESOLUTION NO. 03 -1146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, AUTHORIZING ITS CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE HURST - EULESS- BEDFORD INDEPENDENT SCHOOL DISTRICT (HEBISD) FOR ATHLETIC FIELDS AND PLAYGROUND USE AS TO CERTAIN REAL PROPERTY OWNED BY THE OTHER. WHEREAS, the Hurst - Euless- Bedford Independent School District ( "HEBISD ") owns approximately 9.88 acres of land on Midway Drive East in the City of Euless, Texas ( "Euless "), which the City of Euless desires to utilize for athletic fields after 5:00 o'clock p.m. on weekdays and all day on weekends, which land Euless will mow and maintain; and WHEREAS, Euless owns approximately 1.93 acres of land in the Lakewood Addition at the northwest corner of Lakewood Boulevard and Ash Lane which HEBISD desires to utilize as a school playground, which land HEBISD will mow and maintain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: THAT the Interlocal Agreement attached hereto as Exhibit "A" and incorporated herein be approved and that the City Manager is authorized to execute same. PASSED AND APPROVED at a regular meeting of the Euless City Council on the 28th day of January, 2003, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: Mary Lib S- eh, Mayor ATTEST: Susa'Crim, C , City Secretary INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is entered into effective as of the date last executed by the parties hereto, which agreement is by and between the Hurst - Euless- Bedford Independent School District, a Texas independent school district with its principal offices at 1849 Central Drive, Bedford, Texas, 76022, hereinafter referred as to "HEBISD" and the City of Euless, Texas, a home rule municipality with its principal offices at 201 North Ector Drive, Euless, Texas, hereinafter referred to as "Euless." This Agreement is made pursuant to the Interlocal Cooperation Act, Texas Government Code Section 791 et seq. RECITALS WHEREAS, HEBISD owns certain unimproved real property in the City of Euless, Texas, which the City of Euless desires to utilize as an athletic field for youth and amateur athletics; and WHEREAS, Euless owns certain unimproved real property which HEBISD desires to utilize for playground purposes as part of its educational function; and WHEREAS, the parties desire to enter into this Interlocal Agreement, establishing certain rights with respect to the use of such properties and the maintenance thereof. SECTION I. STATEMENT OF SERVICES TO BE PERFORMED The parties agree and acknowledge as follows: 1. Euless grants to HEBISD the right to use as a school playground an unimproved 1.93 acre tract of land situated at the northwest corner of Lakewood Boulevard and Ash Lane in the City of Euless, Texas. HEBISD agrees to mow and maintain such property during the term of this Agreement. HEBISD may further install, maintain, and remove playground equipment on said property, in HEBISD's sole discretion. 2. HEBISD grants to the City of Euless the limited right to use an unimproved 9.8846 acre tract of land situated on Midway Drive in the City of Euless, Texas, and being more particularly described as Lot 1, Block A, INTERNATIONAL VILLAGE ADDITION, to the City of Euless, Tarrant County, Texas, for use as an athletic field after 5:00 o'clock p.m. on weekdays and all day on weekends. Euless agrees to mow and maintain such property during the term of this Agreement. Euless further agrees that it shall not interfere with school activities at any time during its use of the land. 3. To the extent permitted by law, and only to the extent of the respective party's liability pursuant to the Texas Tort Claims Act, each party hereto agrees to indemnify and hold harmless the other from any and all claims or causes of action arising, occurring or resulting during each party's use of the property of the other. This Agreement shall not be interpreted as Interlocal Cooperation Agreement Page 1 either party's waiver of sovereign immunity or any other right conferred by law, and shall not be interpreted as granting any right to any third party. 4. All financial obligations required herein shall be paid from current revenues. The parties agree that the financial obligations stated herein fairly compensate the parties to this Agreement. SECTION II. TERMINATION OF AGREEMENT 1. This Agreement shall continue in effect until terminated by either party. This Agreement may be terminated at any time by either party upon thirty (30) days written notice to the other. 2. Arty such notice as to HEBISD shall be given at the address hereinbefore stated or at such other address as HEBISD shall designate in writing to Euless, to the attention of the Superintendent of HEBISD. 3. Any such notice as to Euless shall be given at the address hereinbefore stated or at such other address as Euless shall designate in writing to HEBISD, to the attention of the Euless City Manager. SECTION III MISCELLANEOUS PROVISIONS 1. This Agreement contains the entire understanding of the parties and supersedes all previous discussions, proposals, or agreements between parties with respect to the subject matter of the Agreement. This Agreement may be amended only by a written amendment signed by each of the parties. 2. This Agreement is governed by the laws of the State of Texas. If any provision of this Agreement conflicts with applicable laws, such conflict shall not affect other provisions of the Agreement which can be given effect without the conflicting provision, and the parties expressly intend for this Agreement to be interpreted in a manner that considers the provisions of this Agreement to be severable. Mandatory and exclusive venue for any proceeding under this Agreement shall be in state district court in Tarrant County, Texas. 3. The undersigned parties bind themselves to the faithful performance of this Agreement, and acknowledge that duplicate originals of this Agreement may be executed, each of which shall be deemed an original. 4. This Agreement binds and benefits the parties hereto and does not bestow any rights or benefits upon any third parties. This Agreement does not create any personal liability on the part of any officer or agent of HEBISD or Euless. Interlocal Cooperation Agreement Page 2 HURST-EULESS-BEDFORD INDEPENDENT SCHOOL DISTRICT Lorraine Tatarevich, Secretary CITY OF EULESS, TEXAS By: r Dallas /183168.1 Date: 2 -i8 - 03 Date: 2 - / t 03 Interlocal Cooperation Agreement Page 3