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06-113 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 06-113 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND COLLIN COUNTY REGARDING THE ACQUISITION OF LAND FOR DEVELOPMENT OF A MULI-USE RECREATIONAL COMPLEX IN PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: SECTION 1: The Mayor of the Town of Prosper,Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an interlocal agreement between the Town of Prosper and Collin County regarding the acquisition of land for development of a multi-use recreational complex in Prosper. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 24th day of October, 2006. rles Niswanger, or ATTEST TO: 001111191///' •‘‘ OF PRO if s' 44011, atthew D.Denton, Town Secretary *; /\ ; * o r % 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 for development of a Multi-use Recreational Complex 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 such land to develop a Multi-use Recreational Complex, hereinafter called the "Project". The Project shall consist of the acquisition of approximately eighty-seven (87) acres of land further identified in Exhibit "A". Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by The Parks Foundation Advisory Board and approved by Commissioners Court. ARTICLE II. The Town shall prepare and execute all documents necessary to purchase the 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. 1 R7 ARTICLE III. The Town shall require a title search prior to closing and 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 the entire property acquisition to be $3,041,500.00. The County agrees to fund a portion of the total cost to acquire property in an amount not to exceed$500,000.00 as shown on Exhibit"A". ARTICLE V. The County shall remit payment to the Town prior to or after closing. If payment is made prior to closing and the actual cost of the property is less than $1,000,000.00, the Town shall remit the County fifty (50) percent of the difference based on the actual purchase price. ARTICLE VI. Following completion of the property acquisition, the Town shall provide an itemized final accounting of expenditures including the Town's match, in kind services or donations received for this project, closing documents indicating the final purchase price and a copy of the deed(s) indicating the Town received ownership of the property acquired. 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 2003 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. 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 2 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 ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed 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, express or implied, other that those set forth herein, and this agreement shall not create any rights 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. 3 I 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: COUNTY"F COLLI , TEXAS • By: By: `. Name: Name: Ron Harris Title: Title: County Judge Date: Date: /l—/lo—O6 Executed on this 154.6 day of Notuchi xr' 200tp_,by the County of Collin, pursuant to Commissioners' Court Order No. a.:=0. )-I )--I I-I 5 . ATTEST: TOWN OF PROSPER By: By: Name: Name: 4 # w�r, Title: Title: m j Date: Date: j Or Ca Execut on half of the Town of Prosper pursuant to Town Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: 4 ; EXHIBIT "A" The County will provide funding assistance for the following: ❑ Approximately 87 acres Total funding $500,000.00 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 tnelson@a,collincountytexas.gov Project Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: 5 COURT ORDER NO. 2006- j 044 -11-15 THE STATE OF TEXAS AGREEMENTS INTERLOCAL AGREEMENT TOWN OF PROSPER COUNTY OF COLLIN SPECIAL PROJECTS On November 15, 2006, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered approval of an Interlocal agreement between Collin County and the Town of Prosper for land acquisition for development of a Multi-Use Recreational Complex through the Collin County Parks/Open Space Project Funding Assistance Program. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the attached Interlocal agreement between Collin County and the Town of Prosper for land acquisition for development of a Multi-Use Recreational Complex through the Collin County Parks/Open Space Project Funding Assistance Program (NTE $500,000). Same is hereby approved as per the attached documentation. • Ron Ha • •" u•ge • yl ssi• r, Pct. 1 V OF r.7,1 Jerry Hoir. • o issioner, Pct. 2 n11Rr A, ,,`kk , ,,., n�,;'0,, .J n . ' Joe Ja is= •ner, Pct. 3 U ; r o.r. • ''''"'''':13e7 Jack Hatc ell, ommissione , Pct. 4 ATTEST: '',,„�5'11X3 '„%• 40004.1:611•2‘Futer Brenda Taylor, Ex-Officio Clerk Commissioners' Court Collin County, TEXAS \\Chdata\commissioner courdshepherdpe\1 Word Date\Court 2006\COURT ORDERS\11-15-06 Court\Signed Court Orders\25775-Parks-Open Space Grant-Prosper 1115.doc 4.____ Special Projects 825 N. McDonald St, Ste. 145 COU COL L TY N C O L L I N COUNTY U N T Y McKinney, Texas 75069 Pr N 972-548-3744 www.collincountytx.gov October 12,2006 Town of Prosper Doug Mousel, Town Administrator PO Box 307 Prosper, Texas 75078 RE: Collin County Project Funding Assistance Program The Collin County Parks Foundation Advisory Board completed review of applications and provided funding recommendations, which were approved by Commissioners Court on October 10, 2006. On behalf of Commissioners Court, the Advisory Board gladly informs you that your application for Prosper Multi-use Recreational Complex (land acquisition) was awarded $500,000.00. Prior to the commencement of your project a Funding Agreement must be executed. County staff will mail the agreement within the next few weeks. A total of fourteen (14) applications with a total project cost of$16,400,806.00 and requests for funding totaling $3,815,207.00 were received. The 2003 Open Space Bond, 3rd Series, will provide funding assistance to twelve (12)applicants for a total of$2,640,410.00. If you have any questions you may contact Teresa Nelson(972) 548-3744. (vest gards, To Colleen Egan Chairperson, Parks Foundation Advisory Board i 1• PRT5°1P °IR WF P.O. Box 307 • 121 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 February 16, 2007 Collin County Special Projects Attn: Jeff B. Durham, Parks and Projects Manager 825 N. McDonald Street, Ste. 145 McKinney, Texas 75069 RE: Collin County Project Funding Assistance Program, Third Series - 2003 Bond Funds Mr. Durham, Last year, the Town of Prosper submitted an application to Collin County to receive financial assistance through Collin County's Project Funding Assistance Program, Third Series - 2003 Bond Funds to use towards the purchase of property for a community park. The Town's application was submitted on the basis that the Town of Prosper and the Prosper Independent School District (PISD) were to purchase approximately 107 acres with 20 of the acres being provided to the PISD for a stadium and 87 acres being provided to the Town for a community park. The PISD recently informed the Town that they need 30 more acres than anticipated for their stadium — unfortunately reducing the Town's acreage to approximately 57 acres. You have notified me that you deem the change (decrease in acreage) to be significant, whereby triggering the provisions of Article I of the Interlocal Agreement which state, "Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by the Parks Foundation Advisory Board and approved by Commissioners Court." Since the concept of the Town and PISD jointly developing a community park and athletic stadium to share in the cost of parking has not changed, I encourage the Parks Foundation Advisory Board and Commissioners Court to approve the change. It should also be noted that the purchase price of the 57 acres ($2,109,000)will still exceed the $1,000,000 referenced in Article V of the Interlocal Agreement between the Town and the County. In accordance with your instructions, I am requesting that this issue be placed on the March 8 meeting agenda of the Parks Foundation Advisory Board. Additionally, I am respectfully requesting your support of this change. If you have any questions regarding this matter or need further information to support this change, please contact me at (972) 346-2640 or at doug_mousel@prospertx.gov. Thank you. Since ly, %f• Douglas C. Mousel Town Administrator Town of Prosper Cc: Prosper Town Council Prosper Parks and Recreation Board Special Projects 825 N. McDonald St,Ste. 145 4COL L I N C O L L I N C O U N T Y McKinney, Texas 75069 COUNTY 11. 972-548-3744 www.collincountytx.gov November 29, 2006 Town of Prosper Doug Mousel, Town Administrator PO Box 307 Prosper, Texas 75078 Re: Executed Interlocal Agreement with Collin County Enclosed are an executed original of the Interlocal Agreement and a photocopy of the Collin County Court Order for your records, regarding land acquisition for Prosper Mult- Use Recreation Complex. We look forward to hearing from you as the Project develops and comes to fruition. As part of this Agreement the following sections necessitate action from the Town: 1. Provide executed documents for land acquisition(Article II); 2. Upon completion of project provide an itemized final accounting of expenditures (Article VI); 3. Provide quarterly reports with the first due March 30, 2007. Should you have any questions please phone or email. Best regards, JOUJOU.) nbeiti . Teresa Nelson Enclosures cc: County Purchasing Department County Auditors Office Project File