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274. <br /> <br />INTERLOCAL AGREEMENT FOR PARK <br />CONSTRUCTION AND MAINTENANCE <br /> <br />Effective Date: ,Tn ] y ? 4 ,2003 <br /> <br /> Parties: The City of San Marcos, hereinafter referred to as the "City," and the County of <br />Hays, hereinafter referred to as the "County". <br /> <br />RECITALS: <br /> <br /> I. The Interlocal Cooperation Act (Chapter 791, Texas Government Code) empowers the <br />parties to contract with each other in the performance of governmental functions, including <br />functions and services in the area of parks construction and maintenance. <br /> <br /> 2. The City has proposed to construct and maintain a park within an area of property o~vned <br />by the County at the intersection of Broadway Street and Lockwood Street as depicted on the <br />attached Exhibit A (the "Property"). <br /> <br /> 3. The County wishes to grant permission to the City for the construction and maintenance <br />ora City park on the Property. <br /> <br />AGREEMENT: <br /> <br /> In consideration of the mutual covenants and agreements contained herein, the City and the <br />County agree as follows: <br /> <br /> Section 1. Term. Subject to the provisions of Section 6 on termination, the term of this <br />agreement will cmrm~ence on the Effective Date and will continue for a period often years, and this <br />agreement wiI1 thereafter automatically renew for successive periods of five years unless one party <br />provides written notice to the other party of its intent not to renew the agreement at least six months <br />in advance of a renewal date. <br /> <br /> Section 2. Park Construction. The City agrees to construct or cause the construction of <br />park improvements (the "Improvements") on the Property, in general confomaity with the City's <br />plans for the Improvements, at the City's sole expense. <br /> <br /> Section 3. City Maintenance of Park. Upon completion of the Improvements, the City <br />agrees at its sole expense to maintain the Improvements in good condition, and to keep the Property <br />fi'ee fi.om accnmulations of trash and rubbish. <br /> <br /> Section 4. No County Funding. The County will not be required to contribnte to the cost <br />of constructing or maintaining the Property or the Improvements. <br /> <br /> Section 5. Indemnity. The City agrees to indemnify the County, to the full extent of the <br />City's liability under applicable law, as to all claims or suits for personal injury or property damage <br /> <br /> <br />