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Home My WebLink AboutRES 1984-049 CITY OF GRAPEVINE, TEXAS R.ESOLUTION NO. 84-49 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE �RAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT FOR THE PURCHASE, INSTALLATION AND USE OF PLAY- GROUND EQUIPMENT. WHEREAS, pursuant to Article 4413(32c) and Article 6081t of the Texas { Revised Civil Statutes, any political subdivision may contract with any other political subdivision located in the same or any adjacent county to establish, maintain, construct, and operate any park and recreation facility located on �z property owned or to be acquired by either of the political subdivisions; and WHEREAS, the City of Grapevine, Texas and the Grapevine-Colleyville Independent School District are desirous of jointly developing, operating, and maintaining municipal parks and school playgrounds and related recreational facilities on property owned or to be acquired by either of the said political subdivisions; and WHEREAS, the City of Grapevine, through its City Council, and the Grapevine-Colieyville Independent School District, through its Board of Trustees, desire to cooperate with each other in the joint use of City and School District facilities for the use, enjoyment, and benefit of all citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CIT`�" COUNCIL OF THE CITY OF GRAPEVINE, TEkA�: Section 1. That the matters contained in the preamble are incorporated herein in their entirety. Section 2. That the Mayor, or in his absence or disability, the City Manager is hereby authorized to enter into an Agreement with the Grapevine- Colieyville Independent School District for the purchase and installation of playground apparatus and equipment on the Dove Elementary School grounds, being located within each political subdivision, as more fully evidenced by the contract attached hereto and labeled Exhibit "A." Section 3. That the City of Grapevine and the Grapevine-Colleyville Independent School District will work together in providing playground equipment for pove Elementary School. Section 4. That this resolution shall take effect immediately from and after its passage. Section 5. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. PASSED AND APPROVED this 20th day of November, 1984. CITY OF GRAPEVINE, TEXAS 1� BY: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney EXHIBIT "A" STATE OF TEXAS § COUNTY OF TARRANT § This Agreement made this day of , 198 , by and between the City of Grapevine, a Municipal Corporation incorporated pursuant to Article XI, Section 5 of the Constitution of the State of Texas, hereinafter referred to as "City," and the Grapevine-Colleyville Independent School District, hereinafter referred to as "School District": � WITNESSETH: "� ' WHEREAS, The Grapevine-Colleyville IndeQendent School District pres- ently maintains and operates school campuses and plans for more school sites in the future, and WHEREAS, both the City of Grapevine and the Grapevine-Colleyville Independent School District have determined the need for providing certain recreational facilities for schools, as well as for the general public; and WHEREAS, the Grapevine-Colleyville Independent School District, through its Board of Trustees, desires to cooperate with the City of Grapevine, Texas, through its City Council, in the joint planning, design, construction, financing, and subsequent use of certain recreational facilities for the enjoyment and benefit of all citizens: NOW THEREFORE, for and in consideration of the mutual promises herein contained, the mutual benefits flowing to both the City and the School District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, th� City and the School District do CONTRACT, COVENANT, WARRANT AND AGREE as follows: �: I. The City does hereby agree to participate with the School District in the purchase and installation of playground apparatus and equipment at Dove Elementary School, 1932 Dove Road, Grapevine, Texas, by providing ten ��°° thousand dollars ($10,000.00) to the School District for such purchase and installation. II. The School District agress that its duties and responsibilities shall be as follows: A. The School District shall use the ten thousand dollars ($10,000.00) provided to it by the City pursuant to this Contract and Agreement solely for the purchase of playground apparatus and equipment to be installed and used at Dove Elementary School. B. The School District agrees to provide any and all maintenance to the playground apparatus and equiQment installed pursuant to this Contract and Agreement at Dove Elementary School. The City shall not be responsible for any maintenance to the playground equipment. III. The School District shall have priority of use of the playground equipment at Dove Elementary School from 8:00 o'elock a.m. to 4:00 o'clock p.m. during regular school days. The City shall have the right to use the playground equipment at all times, subject to the priority use by the School � District. N. The City assumes no responsiblity pursuant to this Agreement for � any claims, damages, injuries, law suits, causes of action arising during the time that the School District is in session or during the time that the School District . is using any of the subject facilities. The City's sole and only responsibility under this contract occurs during the time that the City is using the subject property. The School District does hereby agree to release, relieve, quit claim, hold harmless, indemnify, and defend at its sole expense the City from any actions, suits, claims, causes of action, damages or injuries arising out of or in any way connected with the use of the premises and improvements during the time the School District is making use of the playground equipment. The School District assumes no responsibility pursuant to this Agreement for any claims, damages, injuries, law suits, causes of action arising during the time that the City has a right to possession of the playground equipment under the Agreement. The School's sole and only responsiblity under this contract occurs during the time that the School District is using the subject property. The City does hereby agree to release, relieve, quit claim, hold harmless, indemnify, and defend at its sole expense, except for claims and suits caused by or related to the School District's maintenance responsibilities under Section II B of this Agreement, the School District from any actions, suits, claims, causes � of action, damages or injuries arising out of or any way connected with the use of the premises and improvements during the time the City is making use of the ,� , playground equipment. V. The term of this Agreement shall be for a period of one year, beginning from the date of this Agreement but shall be automatically extended for each ensuing year, unless terminated by either party. Either party may terminate this Agreement by giving the other party at least six (6) months notice in writing. VI. Upon the expiration of this Agreement, all playground apparatus and equipment at Dove Elementary School shall become the property of the District; provided, that the City shall be compensated for the fair market value of said playground equipment, as determined by two (2) independent fee appraisers, as mutually selected by the City and the School District. VII. Neither party to this Agreement shall, without first obtaining written consent of the other party, assign, pledge, or, in any way, encumber this Agreement in whole or in part, or sublet the property or any part thereof. VIII. This Agreement contains all of the agreements made by and between the parties hereto. EXECUTED THIS the day of , 198 �,, CITY OF GRAPEVINE, TEXAS BY: Mayor ATTEST: City Secretary GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTftICT � . BY: President, Board of Trustees � ATTEST: Secretary, Board of Trustees