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Res 2025-071 approving a Memorandum of Understanding with the San Macros River Foundation (SMRF) to establish roles, responsibilities, and procedures of the city and SMRF in planning and constructing trails as part of the Purgatory Creek
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Res 2025-071 approving a Memorandum of Understanding with the San Macros River Foundation (SMRF) to establish roles, responsibilities, and procedures of the city and SMRF in planning and constructing trails as part of the Purgatory Creek
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4/28/2025 10:56:06 PM
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Resolutions
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Approving
Number
2025-071
Date
4/15/2025
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a. Collaborated regarding the removal of invasive vegetation identified along the <br /> trail alignment. <br /> 5. SMRF applied and received a Recreational Trail Grant from the Texas Parks and Wildlife <br /> Department (TPWD) with funds to be used to plan, design and construct a natural <br /> surface trail system within the Purgatory Creek corridor. <br /> a. The total grant amount is$200,000, the "Grant Amount"). <br /> b. The trail construction design will consist of natural materials. <br /> c. The grant application included a City Letter of Support. <br /> d. The grant provides an opportunity for the City to leverage the efforts of a <br /> community partner to enhance the Project. <br /> II. Purpose of MOU <br /> The purpose of this MOU is to establish roles, responsibilities and procedures of the City and <br /> SMRF in planning and constructing trails as part of the Project using the Recreational Trail Grant <br /> funds awarded to SMRF by TPWD. <br /> Ill. MOU <br /> 1. City of San Marcos Commitments. The City will: <br /> a. Acquire and establish easements and rights-of-way including areas for trails; <br /> b. Designate via email one person as the City's point of contact to SMRF for matters <br /> related to this MOU; <br /> c. If required, assist SMRF in obtaining needed permits and approvals for project; <br /> d. Waive any fees associated with plan review, permits or approvals of proposed <br /> projects, to the extent permitted by and in accordance with applicable ordinances <br /> and polices of the City; <br /> e. The City will purchase trail construction materials, not to exceed the Grant Amount. <br /> i. Prior to the purchase of materials,the material type, quantity and cost will be <br /> approved in writing by both the City and SMRF; <br /> ii. City staff must adhere to the City Purchasing policy for procurement, which may <br /> require obtaining bids for larger purchases. <br /> f. Maintain completed and accepted trails following a maintenance schedule and after <br /> flooding events; <br /> g. Provide technical assistance to SMRF related to the trails, such as mapping and <br /> engineering review and assistance; <br /> 2. San Marcos River Foundation Commitments. SMRF will: <br /> a. Plan and construct natural trails including identifying construction materials <br /> quantities and costs, subject to the consent and approval by the City and SMRF; <br /> b. Reimburse the City for the cost of purchasing materials for the project. <br /> c. Designate via email one person as SMRF's point of contact to the City for matters <br /> related to this MOU; <br /> d. Provide and coordinate volunteer work through SMRF's members, other groups, and <br /> individuals for construction of trails; <br /> e. Defend, indemnify and hold harmless City, its officers, employees and agents,from <br /> and against all damages, claims, losses, demands, suits, judgments, and costs, <br /> including reasonable attorney's fees and expenses to the extent caused by the <br /> negligence of SMRF, its officers, agents and volunteers; <br /> 2 <br />
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