12-63 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 12-63
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY DESIGNATING THE TOWN MANAGER
AS PROJECT OFFICIAL / REPRESENTATIVE TO ACT ON BEHALF
OF THE TOWN IN DEALING WITH COLLIN COUNTY FOR THE
PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARKS
AND OPEN SPACE FUNDING PROGRAM (HEREAFTER REFERRED
TO AS "GRANT PROGRAM"); AND AUTHORIZING THE SUBMITTAL
OF AN APPLICATION FOR PROGRAM ASSISTANCE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
designated as the Project Official / Representative to act on behalf of the Town in
dealing with Collin County concerning the Grant Program.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute the inter -local government agreement with Collin County for
funding assistance under the Grant Program for the purchase of Creek Crossing
Community Park.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11`h day of September, 2012.
Ray Smith, ayor
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ATTEST:
A iukana,A R C
Town Secretary
COURT ORDER NO. 2012- -09-24
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Interlocal Agreement, Town of Prosper, Acquisition of Land — Special Projects
On September 24, 2012, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self
Matt Shaheen
Cheryl Williams Not Present
Joe Jaynes Not Present
Duncan Webb
County Judge, Presiding
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
During such session the court considered a request for approval of an Interlocal Agreement
with the Town of Prosper.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval of an Interlocal Agreement with the Town of Prosper for funding through the 2ndd
Series — 2007 Parks/Open Space Project Funding Assistance Program (Bond Project No.
07PG33) for the acquisition of land and further authorize the County Judge to finalize and
execute same. Same is hereby approved as per the attached documentation.
+_N7
ATTEST:
JAeLMAIN
;ey K, Ex- ici
ommissioners
Court
Collin County, T E X A S
Not Present
Cheryl Williams, Commissioner, Pct. 2
Not Present
Joe Jaynes, CWmissioner, Pct. 3
OR
\\CcdataMcommissioner court\shepherdge\1 Word Data\Court 2012\COURT ORDERS\09-24-12 Court\Signed\35796 - Parks -Open Space Grant-TofProsper 0924.doc
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
TOWN OF PROSPER
WHEREAS, the County of Collin, Texas ("County") and the Town of Prosper ("Town")
desire to enter into an Agreement concerning the acquisition of land in the Town of
Prosper, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, the Town and County have determined that the land acquisition may be
performed most economically by implementing this Agreement; and
WHEREAS, the Town and the County find that this Agreement will benefit the residents
of the County and provide additional park and recreational facilities and open space for
all County residents; and
WHEREAS, this Agreement will support or advance the mission of the Collin County
Parks and Open Space Strategic Plan;
NOW, THEREFORE, this Agreement is made and entered into by the County and the
Town upon and for the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The Town shall arrange to purchase approximately 72 acres of land, hereinafter
called the "Project". The Project shall consist of the acquisition of property identified in
Exhibit "A".
ARTICLE II.
The Town shall prepare and execute all documents necessary to purchase land and
in such activities, shall comply with all state statutory requirements. The Town shall
supply the County with a copy of the executed documents. Changes to the project which
alter the funding request referenced in Exhibit "A" must be reviewed by The Parks
Foundation Advisory Board and approved by Commissioners Court.
ARTICLE III.
The Town will not expend funds to acquire easements or real property for use as
right-of-way.
ARTICLE IV.
The Town estimates the total actual cost of land identified for purchase to be
$3,905,000.00. The County agrees to fund a portion of the purchase price in an amount
not to exceed $400,000.00 as shown on Exhibit "A". The County shall remit payment to
the Town for land purchases after closing. The Town shall provide the County a copy of
closing documents indicating the final purchase price and a copy of the deed(s) showing
the Town received ownership of such land.
ARTICLE V.
Collin County's participation in this project shall not exceed $400,000.00 as
indicated in Article IV above. The Town shall be responsible for any costs, which exceed
the total estimated project cost.
ARTICLE VI.
Upon development of the property, the Town shall install a project sign
identifying the project as being partially funded by the Collin County 2007 Parks and
Open Space Bond Program. The Town shall provide quarterly progress reports in
electronic format or via US mail to the contact identified on Exhibit "A". Following
acquisition of the property, the Town shall provide an itemized final accounting of
expenditures including the Town's match, in-kind services or donations for the project.
All projects for which the County has provided funds through its 2007 Parks and Open
Space Bond Program must remain open and accessible to all County residents.
ARTICLE VII.
The Town and County agree that the party paying for the performance of
governmental functions or services shall make those payments only from current revenues
legally available to the paying party.
The Town acknowledges that the County's source of funding for the property acquisition
is 2007 Parks and Open Space Bonds. The Town further acknowledges that property
acquired with these funds must be utilized for Parks and Open Space purposes and be
available for use by all county citizens.
2
ARTICLE VIII.
INDEMNIFICATION. To the extent allowed by law, each party agrees to release,
defend, indemnify, and hold harmless the other (and its officers, agents, and employees)
from and against all claims or causes of action for injuries (including death), property
damages (including loss of use), and any other losses, demands, suits, judgements and
costs, including reasonable attorneys' fees and expenses, in any way arising out of, related
to, or resulting from its performance under this Agreement, or caused by its negligent acts
or omissions (or those of its respective officers, agents, employees, or any other third
parties for whom it is legally responsible) in connection with performing this Agreement.
ARTICLE IX.
VENUE. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement. The parties agree that this Agreement
is performable in Collin County, Texas and that exclusive venue shall lie in Collin
County, Texas.
ARTICLE X.
SEVERABILITY. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary to any
rule or regulation having the force and effect of the law, the remaining portions of the
Agreement shall be enforced as if the invalid provision had never been included.
.ARTICLE XI.
ENTIRE AGREEMENT, This Agreement embodies the entire Agreement
between the parties and may only be modified in writing executed by both parties.
ARTICLE XII.
SUCCESSORS AND ASS ?NS. This Agreement shall be binding upon the
parties hereto, their successors, heirs, personal representatives and assigns. Neither party
will assign or transfer an 7 .rest in this Agreement without the written consent of the
other party.
ARTICLE XIII.
IMMUINTITY. It is expressly understood and agree:' that, in the execution of this
Agreement, neither party -gives, nor shall be deemec hereby to have waived any
immunity or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement, the
parties do not create any obligations, -xpress or implied, other that those set forth herein,
and this Agreement shall not create any righV in parties not signatories hereto.
ARTICLE XIV.
TERM. This Agreement shall be effective upon execution by both parties and
shall continue in effect annually until final acceptance of the Project.
ARTICLE XV.
The declarations, determinations and findings declared, made and found in the preamble
to this Agreement are hereby adopted, restated and made part of the operative provisions
hereof.
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
ATTEST:
By; v
Name:
Title:
Date: 9 �F-I Y
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APPROVED AS TO FORN► —r.EXP \�d��`
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By:_
Name:
Title:
Date:
CO UN Y O I S
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By: i
Name: Keith Sel
Title: County Judge
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Executel on this A& day olSeAAcffimC
20 L;L, by the County of Collin,
pursuant to Commissioners' Court
Order No. a6I )� - b9a - 69 -,?4 .
TOWN FPR _ SPE
A
By:
Name: rMn ►fh
Title: - p�
Date: Q ! �-
Executed on behalf of the Town of
Prosper pursuant to Town Council
Resolution No.
EXHIBIT "A"
The County will provide funding assistance for the following:
❑ Acquisition of approximately 72 acres of land located at the northwest corner of E. First
Street and Coit Road
Total funding
Contact Information
Request for reimbursement submitted to:
Collin County
Special Projects
Teresa Nelson
825 N. McDonald Street, Suite 145
McKinney, Texas 75069
972-548-3744
Submission of electronic photos and quarterly reports:
Teresa Nelson
tnelsonCr)collincoLtntytexas.gov
$400,000.00
Proieet Manager Contact: (must be able to answer specific questions regarding project)
Name: RULOO -T--1
Address: P. U . Bolt 307
Phone: 2, 34i-3 O
Fax: 97223 900
Email:!�r1t}�on.,..WCb�N �as�