Res 2010-157 - Laserfiche WebLink

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INTERLOCAL AGREEMENT o ,, his INTERLOCAL AGREEMENT (the "Agreement ") is made as of the 1 day of , 2010 (the "Effective Date "), by and between The City of San Marcos (" ity" ), Hays County, Texas (Hays County) and Texas State University -San Marcos ( "Texas State "). City and Texas State are hereinafter collectively referred to as "the Parties" or "the Parties to this Agreement." ARTICLE I: Recitals. WHEREAS, City owns a public park known as the Spring Lake Preserve; and WHEREAS, pursuant to an interlocal agreement with the City, Hays County intends to design, finance and develop a hiking trail and related improvements, including access and parking improvements to enhance public use of Spring Lake Preserve (the "Project ") as illustrated on the attached exhibit "A "; and WHEREAS, due to the physical constraints of the Spring Lake Preserve, there are limited public access points and space for public parking and other improvements related to the Project; and WHEREAS, the area of the Spring Lake Preserve within which the City and Hays County seek to execute the Project is adjacent to land owned by Texas State as shown in Exhibit "A" (the "Access Area "); and WHEREAS, City and Hays County seek to utilize the Access Area for the installation of a drive, parking facilities and trail (the "Access Area Improvements ", as described and depicted in Exhibit "B ") connecting to the Spring Lake Preserve in connection with the Project; and WHEREAS, Texas State wishes to accommodate City and Hays County in executing the Project and has determined that the Project will enhance its property and serve its constituents and, therefore, wishes to allow City and Hays County to utilize the Access Area for and assist in paying for the installation and operation of the Access Area Improvements. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound hereby, City, Hays County and Texas State hereby agree as follows: ARTICLE II: Terms and Conditions. 2.1. Installation of Improvements, Hays County shall complete installation of the Access Area Improvements on or before September 1, 2011. Before Hays County begins work on the Access Area Improvements it shall provide at least three days' written notice to Texas State and shall not begin work until it receives a notice to proceed from Texas State. The Access Area Improvements shall be installed in substantial accordance with the specifications attached in Exhibit "C" and also as shown in Exhibit "B" and any supplemental plans approved by the parties. 2.2. Compliance with Laws. Hays County and City agree to comply with all applicable federal, state and local laws, construction and safety codes, and other regulations in the construction, maintenance and operation of the Access Area Improvements.