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84. INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS FIVE MILE DAM PROJECT STA1EOFTEXAS ~ 9 9 COUNTY OF HAYS The City of San Marcos ("'City) and Hays County (the "County"), enter into this Interlocal Agreement under the authority ofthe Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended. Both parties wish to promote cooperation in a project (the "Project") to develop a 43-acre, more or less, tract of parkland (the "Project Site") which is part of the County's 5 Mile Dam Capital Improvement Park Project. A map of the Project Site is attached as Attachment A. The City and the County understand that the County will be responsible for the procurement of professional services associated with the Project, and for awarding and administering the construction contract(s) for capital improvements related to the Project. However, the County agrees to solicit and consider input from the City's representative (s) in making decisions regarding the Project. Section 1. Scope of Services A. City A2reements~ The City agrees to: 1. Designate Rodney Cobb, Director of Parks and Recreations, as the City's representative in all matters related to this Agreement. 2. Cooperate with County's Grants Department as necessary. 3. Utilize focus groups available to the City in order to provide input to the County in designing the Project. 4. Present a final park plan ofthe Project to the San Marcos City Council for approval prior to construction of the Project. 5. Make payments to the County to be used solely for the Project or for other park improvements to the Project Site that are approved by the City. These payments will be pass~through payments if, as and when the City collects fees in lieu of parkland dedication in coooection with subdivision plating of the Blanco Vista Subdivision on located near the Project Site. 6. Secure the use of energy efficient building materials and innovative power systems in the design of the Project to the extent the City has any control of the design. 7. Operate and maintain the Project in good condition with its own forces or through agreement with another entity after the Project has been satisfactorily completed. The City will meet its obligations as follows: a) keep the Project Site free from accumulations oftrash and rubbish. b) provide routine maintenance to the turf and athletic fields, irrigation system and lighting system for the athletic complex. 1