Res 2015-085/Interlocal Agreement with Texas State University for cost sharing in connection with the design and construction of street, sidewalk, bicycle and pedestrian improvements along Sessom Drive

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1NTERLOCAL AGREEMENT This Interlocal Agreement is entered into by and between Texas State University ("Texas State") and the City of San Marcos, Texas (the "City") under the authority of the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. 1. Recitals 1.01. Texas State and the City have a mutual interest in improving the safety of motorists, bicyclists and pedestrians near the Texas State University campus. 1.02. Texas State and the City have identified mutually beneficial road, drainage, pedestrian and bicycle path improvements along Sessom Drive, including improvements to realign Peques and State Streets at their intersection with Sessom Drive as generally shown in Exhibit A, attached hereto (the "Improvements"), and wish to jointly participate in the design and construction of the Improvements. 1.03. Texas State and the City have identified irregularities in the common boundary between the lands held by Texas State and the City along Peques Street as well as Sessom Drive between FM82 and Comanche Street, and have mutually determined that a cross conveyance of lands to better define the common property line would be advantageous to both Texas State and the City. Texas State and the City have also identified the one block comprising Vista Street owned by the City as shown in Exhibit B (the "City Property") is entirely internal to the Texas State University campus and have mutually determined that Texas State should take ownership of and maintain the City Property. 1.04. Texas State and the City have determined that, in consideration of the mutual benefits to the parties under this Agreement, the Texas State Property and the City Property are of comparable value and, therefore, wish to exchange the Texas State Property for the City Property without need for further consideration. 1.05. The purpose of this Agreement is to delineate the roles and contributions of the parties with regard to the design, construction and financing of the Improvements. The activities of the parties under this Agreement are governmental as defined in §791.003 of the Texas Government Code. 1.06. For the reasons above, the parties enter into this Agreement under the terms and conditions below. 11. Coordination and Cost Participation 2.01. Engineering Services. Each party will pay one-half of the costs for engineering services provided by Byrn & Associates related to surveying the right-of-way alignment that will determine the portions of Property to be conveyed to each Party. Each party will also pay one- half of the costs for engineering services provided by Halff Associates, Inc. to reconcile any conflicts between its initial engineering plans and the right-of-way survey prepared by Byrn & Associates. Texas State will also pay: a) half of the costs for the portion of engineering services provided by Halff Associates, Inc. related to the realignment of and related intersection improvements at Sessom Drive and Peques Street (the "Realignment"); b) all the costs of engineering services incurred for the design of sidewalk improvements between Peques Street and Ed J.L. Green Drive (the "Practice Field Sidewalk"); and c) the cost of engineering services incurred for the design of previously planned additional sidewalk improvements along Peques Street that may possibly be constructed in the future (the "Peques Sidewalk"), but will not be constructed under this Agreement.