Loading...
Res 095-2013 9/3/2013 RESOLUTION NO. 95-2013 Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between City Of Wichita Falls And Wichita County For Use Of 500 Travis Street As County Parking Lot And MPEC Overflow Parking WHEREAS, the City owns 500 Travis Street at 5th and Travis, which is depicted as the “Parking Area” on the attached Aerial Photo; Whereas, the City is not actively utilizing the Parking Area, and the County desires to modify the Parking Area to make it useful for regular parkin g of vehicles thereon; and Whereas, the County intends to pave the area primarily for use for customer/employee parking for County facilities adjacent to the Parking Area, and also provide a useful area for overflow parking for visitors to the Multi -Purpose Event Center (MPEC), and the City and County desire to utilize the attached interlocal agreement to facilitate said use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute the attached Interlocal Agreement between City of Wichita Falls and Wichita County for Use of 500 Travis Street as County Parking Lot and MPEC Overflow Parking, with such changes as are approved by the City Attorney. PASSED AND APPROVED this the 3rd day of September, 2013. ______________________________ M A Y O R ATTEST: ____________________ City Clerk Interlocal Agreement between City of Wichita Falls and Wichita County for Use of 500 Travis Street as County Parking Lot and MPEC Overflow Parking STATE OF TEXAS § COUNTY OF WICHITA § Under the authority of Tex. Gov’t. Code Chapter 791, this Interlocal Agreement is made and entered into by and between the City of Wichita Falls, a Texas municipal corporation (hereinafter called the “City”), and Wichita County, Texas (hereinafter called the “County”). Whereas, the City and the County desire to enter into an agreement regarding control and improvement of City-owned property in 500 E. Travis Street; Wichita Falls, Texas, depicted on the attached Aerial Photo as “Parking Area”; Whereas, the City is not currently utilizing the Parking Area, and the County desires to modify the Parking Area to make it useful for regular parking of vehicles thereon; and Whereas, the County intends to pave the area primarily for use for customer/employee parking for County facilities adjacent to the Parking Area, and also provide a useful area for overflow parking for visitors to the Multi-Purpose Event Center (MPEC). Now, therefore, the parties agree as follows: 1. Term of Agreement. This agreement will commence on October 1, 2013 for an initial 10- year term. At the end of such initial 10-year term, this agreement will automatically renew thereafter and at each anniversary date thereafter, unless earlier terminated. After such initial 10- year term, either party may terminate this agreement with at least 180 days’ written notice to the other party, with or without cause. 2. Use. City agrees to allow County to modify and use the Parking Area for employee and customer parking for County facilities, and licenses the Parking Area to the County for such use. County agrees that, after the completion of improvements (paving, base placement, & striping) to the Parking Area, County will make the Parking Area available on nights and weekends to visitors of MPEC, to accommodate overflow parking. 3. Construction and Maintenance. County agrees to improve the Parking Area to provide adequate and safe parking and drainage in good working order for the duration of this agreement. The County will not make any curb cuts or other approaches into the Parking Area from 5th Street. The County will perform the construction in a manner that preserves the existing mature trees on the Parking Area and ensure the Parking Area conforms to all City ordinances, including, but not limited to, the City’s landscaping ordinance. County shall be solely responsible for any and all maintenance of the Parking Area, shall exclusively control configuration of the improvements in the Parking Area, and shall ensure that no unsafe conditions are created thereon. 4. County shall construct in accordance with State and Local Laws. Prior to beginning construction, the County shall ensure that all documents involving engineering or architecture for the improvements have been prepared by an engineer or architect. The County will further ensure that all construction for the proposed improvements is finally approved by an engineer or architect. The County will be solely responsible for any failure to comply with any state or local law or regulation relating to the construction of the improvements, and the City shall have no responsibility to monitor such construction activities. The County shall be solely responsible for complying with Chapter 469 of the Texas Government Code (approval of plans by Texas Department of Licensing and Regulation for disabilities compliance and subsequent inspections for said purposes). If the County constructs any improvements to which said Chapter applies that fail to comply with said Chapter or the regulations issued pursuant thereto, the County shall modify such improvements to bring them into compliance with all state laws and regulations. 5. Release. County hereby releases City, its governing body, employees and agents from any liability to the County, its employees, agents, and assigns for any and all claims and causes of action for loss of or damage to County property and for any and all illness or injury to any County employee or agent, including death, that may result from or occur during the term of this agreement, whether caused by the negligence of City, its governing body, employees or agents. Under no circumstances shall the city be liable to the County for any damages related to this agreement, including special, consequential, punitive, indirect, or incidental damages of any kind whatsoever. City hereby releases County, its governing body, officials, employees and agents from any liability to the City, its employees, agents, and assigns for any and all claims and causes of action for loss or damage to City property and for any and all illness or injury to any City employee or agent, including death, that may result from or occur during the term of this agreement, whether caused by the negligence of County, its governing body, officials, employees or agents. Under no circumstances shall the County be liable to the City for any damages related to this agreement, including special, consequential, punitive, indirect, or incidental damages of any kind whatsoever. 6. Entire Agreement. This agreement embodies the entire agreement between the parties hereto relative to the subject matter hereof. No amendment, alteration, modification of, or addition to this agreement will be valid or binding unless expressed in writing and signed by both parties. 7. Severability. If any provision of this agreement proves to be illegal, invalid or unenforceable, the remainder of this agreement will not be affected by such finding, and in lieu of each provision of this agreement that is illegal, invalid or unenforceable, a provision will be added as a part of this agreement as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 8. Captions. The captions of the various articles and sections of this agreement are for convenience only and do not necessarily define, limit, describe or construe the contents of such articles or sections. 9. Force Majeure. Notwithstanding any provision of this agreement to the contrary, neither City nor County shall have any liability to the other for a failure of performance resulting from any cause beyond its control. 10. No Third-Party Beneficiaries. The benefits of this agreement are intended to inure solely to the City and the County. Accordingly, the parties do not intend any persons who are not named in this paragraph to have authority to enforce any provision of this agreement. 11. No Partnership. This agreement is not intended to create and does not create a partnership or joint venture between the parties. 12. Venue and Attorney’s Fees. This agreement is to be performed in Wichita County, which shall be the exclusive venue for any legal proceedings related to this agreement. In no event will either party be entitled to any attorney’s fees for any action to enforce any part of this agreement. 13. Intergovernmental Contract. Both parties warrant that (a) the services performed by each of them are necessary and authorized for activities that are properly within their statutory functions and programs; (b) they have the authority to contract for the services; (c) they have all necessary power and have received all necessary approvals to execute and deliver this agreement; and (d) the representatives signing this agreement on their behalf have authority from their respective governing bodies to sign this agreement. Signed this _________ day of ______________________, 2013. City of Wichita Falls Wichita County _________________________ ___________________________ Darron J. Leiker, City Manager Woodrow W. Gossom, Jr., County Judge Attest: Attest: __________________________ ___________________________ Tracy Norr, City Clerk Lori Bohannon, County Clerk AERIAL PHOTO