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R-88-1106 - 4/14/1988WHEREAS, the City Council of Round Rock desires to construct certain roads within old Settler's Park at Palm Valley, and WHEREAS, the County of Williamson has offered to commit machinery and manpower to assist in the construction of said roads, and WHEREAS, the City Council desires to accept assistance from the County with the construction of said roads, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT The Mayor is hereby authorized to enter into an intergovernmental agreement with the County of Williamson, a copy of said Agreement being attached hereto and incorporated herein for all purposes. ATTEST: RESOLVED this /`f day of C23RES0LDSE LAND, City Secretary RESOLUTION NO. / /O(0✓L , 1988. MIKE ROBINSON, Mayor City of' Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON C23AGREEME2 INTERGOVERNMENTAL AGREEMENT REGARDING THE CONSTRUCTION OF ROADS WITHIN OLD SETTLER'S PARK, AT PALM VALLEY, WILLIAMSON COUNTY, TEXAS KNOW ALL MEN BY THESE PRESENTS: T AT THIS AGREEMENT is made d entered into as of this �`7 - day of ,CL , 198, by and between Williamson County (herei fter referred to as the "County ") and the City of Round Rock, Texas (hereinafter referred to as the "City "), for the purposes and consideration herein described. W I T N E S S E T H: WHEREAS, the City is in the process of the constructing a regional park located on Palm Valley Blvd. within the City's extraterritorial jurisdiction, and - WHEREAS, the City desires to construct certain, roads and improvements within said regional park. The location of the proposed roads and parking lots is described in the attached Exhibit "A" which is made a part hereof for all purposes; and NOW, THEREFORE, in consideration of the above - stated premises and mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereto agree as follows: Section 1. Prolect Manager. The City of Round Rock shall serve as project manager for the construction of the roads and improvements. The City shall provide the County with 30 day written notice prior to the commencement date of the construction of the roads and improvements. Section 2. Engineering Design. The main road and loop road shall be generally 29 feet in width with a seal coat finish surface. Base depths will vary dependent upon soil conditions. The parking lots shall also have a seal coat finish. Section 3. Co- ordination of Proiects (a) The City shall be responsible for all engineering designs of the roads and parking lots. (b) The City shall be responsible for all road and parking lot construction staking. (c) The Commissioners from Precinct One and Four in Williamson County agree to commit machinery and manpower to assist in the construction of the roads and improvements, conditioned upon the reimbursement to each Precinct for the cost of fuel expended and labor in accordance with the County's set rate schedule. (d) The County shall scarify all roads, apply and compact all base on roads, and spread seal coat. (e) The City shall be responsible for all scraping, cutting, and excavating of roads. (f) The City shall be responsible for supplying, procuring and hauling all materials used in the construction of the roads. (g) The City shall be responsible for all other aspects of the construction of the roads except for the responsibilities of the County as listed above. (h) Precinct One shall commit its manpower and machinery to the completion of Phase I road construction in fiscal year 1987 -1988. Participation in Phase II construction will take place in fiscal year 1988 -1989. Section 4. Notice to Parties. If any notices are required hereunder, they shall be deemed given when delivered in person or when placed in the United States Mail, postage paid, certified, return receipt requested, addressed to the party to whom the notice is to be given. For the purposes of this Agreement, notices may be given to the following parties only: City: Sharon Prete, Director of Parks and Recreation 221 East Main Street Round Rock, Texas 78664 County: Ron Wood, Commissioner, Precinct One 211 Commerce Boulevard Round Rock, Texas 78664 and Jerry Mehevec, Commissioner, Precinct Four County Courthouse Georgetown, Texas 78626 Section 5. Entire Agreement. This Agreement contains the complete and entire agreement between the parties respecting the matters addressed herein, and supersedes all prior negotiations, agreements, representations and understandings, if any, between the parties respecting such matters. This Agreement may not be modified, discharged or changed in any respect whatsoever except by a further agreement in writing duly executed by the parties hereto. However, any consent, waiver, approval or authorization shall be effective if signed by the party granting or making such consent, waiver, approval or authorization. Section 6. Effective Date. This Agreement takes effect upon the complete execution of the Agreement by the County and the City. Section 7. Other Instruments. The parties hereto covenant and agree that they will execute other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the purposes of this Agreement. Section 8. Invalid Provision. Any clause, sentence, provision, paragraph or article of this Agreement held by a Court of competent jurisdiction to be invalid, illegal or ineffective shall not impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the clause, sentence, provision, paragraph or article so held to be invalid, illegal or ineffective. Section 9. Applicable Law. This Agreement shall, be construed under the laws of the State of Texas and all obligations of the parties hereunder are performable in Williamson County, Texas. Section 10. Time of the Essence. Time shall be of the essence of this Agreement. Section 11. Third Party Beneficiaries. Except as otherwise expressly provided herein, nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties, hereto, any benefits, rights or remedies under or by reason of this Agreement. Section 12. Exhibits. All recitals and all schedules and exhibits referred to in this Agreement are incorporated herein by reference and shall be deemed part of this Agreement for all purposes as if set forth at length herein. 2. • Section 13. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original and all of which shallttogether constitute one and the same instrument. The terms of this Agreement shall become binding upon each party from and after the time that it executes a copy hereof. In like manner, from and after the time that any party executes a consent or other document authorized to be required by the terms of this Agreement, such consent or other document shall be binding upon such parties. IN WITNESS WHEREOF, this instrument is executed as of the first day written above. ATTEST: NE LAND, City Secretary i MIKE ROBINSON, Mayor City of Round Rock, Texas WILLIAMSON COUNTY 3. RON WOOD County Commissioner, Precinct #1 HE Coun y Com ssioner, Precinct #4 DATE: April 11, 1988 SUBJECT: Council Agenda, April 14, 1988 ITEM: 12B Consider a resolution authorizing the Mayor to enter into an intergovernmental agreement for partial park construction with Williamson County. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: ECONOMIC IMPACT: Approval Comini loners Wood and Mehevec have agreed to assist with the construction of roads and parking lots in Old Settlers Park at Palm Valley. The County will supply the labor and machinery. The City will be responsible for reimbursement of fuel and labor casts, in addition to procurement of materials. The use of County equipment and manpower will reduce road construction costs considerably, thus allowing us to "stretch" development dollars.