HomeMy WebLinkAboutC2009-144 - 4/21/2009 - Approveda-~o a ~ (e g ~~
STATE OF TEXAS §
COUNTY OF NUECES §
INTERLOCAL AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY
FOR RECREATIONAL EQUIPMENT
WHEREAS, the City of Corpus Christi, hereinafter "City," has need of playground
equipment, identified on Exhibit A, herein "Equipment,"
WHEREAS, the County of Nueces, hereinafter "County," can provide Equipment
consistent with the City's needs;
WHEREAS, the City has requested such Equipment from the County;
WHEREAS, the City and the County desire to enter into an agreement to permit the
County provide such Equipment to the City; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended authorizes
contracts between local govemmental agencies to perform governmental functions and
services such as Parks and Recreation.
NOW, THEREFORE, THIS AGREEMENT is hereby made an entered into by City and
County upon and for the mutual consideration stated herein:
1. City and County contract and agree that County will provide City the Equipment
consisting specifically of those items as shown on Exhibit "A" herein attached and
incorporated in its entirety.
2. The City agrees to install said Equipment at the following City location: The north
end of Corpus Christi Beach, 4801 North Shoreline Blvd.
3. The Equipment becomes City property for all purposes upon installation on City
property.
4. As consideration for providing this Equipment to City, City agrees to install and
maintain the Equipment in a City public park at the north end of Corpus Christi Beach,
4801 North Shoreline Blvd., within two months from date of last signature of this
Agreement, and ensure that the equipment is available for use without charge by the
general public, including Nueces County residents.
5. City has sole responsibility for maintenance and upkeep of the Equipment.
6. Should City in the sole discretion of its Parks Director decide that the Equipment is
beyond reasonable reuair, City has no duty to replace said Equipment.
2009-144
04/21/09
Res. 028120
Vueces County, Texas
7. The Parties agree that all expenditures under this agreement shall be paid with current
revenues of the paying party.
8. This contract shall be in effect for as long as the Equipment is being maintained by the
City at a public park for use by the general public, including Nueces County residents
9. If City ceases to use or maintain equipment provided under this Agreement for general
public use within first five years of this Agreement, the County at its option may require
the return of the Equipment. Any expense to remove the Equipment and deliver to a
location within Nueces County upon County's direction will be borne by the City.
10. The City and County agree that the County does not ensure the safety, condition, or
security of the Equipment and assumes no responsibility or liability for such.
11. BINDING AGREEMENT:AUTHORITY: PARTIES BOUND This Agreement has
been duly executed and delivered by both parties and constitutes a legal, valid and
binding obligation of the parties. That each person executing this Agreement on behalf
of each party represents and warrants that they have full right and authority to enter into
this agreement.
12. AMENDMENT This Agreement may not be amended except in a written instrument
specifically referring to this Agreement and signed by the parties hereto.
13 APPLICABLE LAW. This Agreement shall be expressly subject to City and
County's Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code
and all applicable state law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and venue of any legal action filed by
either the City or County shall be in Nueces County, Texas.
14 SEVERABILITY. In the event that one or more of the provisions contained in the
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability ofthe Agreement shall be construed
as if such invalid, illegal or unenforceable provision has never been contained herein, but
shall not affect the remaining provisions of this Agreement, which shall remain in full
force and effect.
15 NOTIFICATION Any and all notices which maybe required under the terms of the
Agreement shall be delivered by registered or certified United States mail or by a
recognized commercial carrier or delivery service as follows:
NUECES COUNTY: CITY OF CORPUS CHRISTI:
Nueces County Judge Director of Parks and Recreation
901 Leopard, Room 303 1201 Leopard Street
Corpus Christi, Texas 78401 Corpus Christi, Texas 78401
AGREED TO BY:
NUE ~ S COUNTY
amuel Loy ea , Jr. ty Judge
Date: ~~~Q ~~
ATTEST:
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Hi~mia-Be~era; County Clerk ~ ~P~~
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CITY I~jF CORPUS CHRISTI
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e R.' scobar,CityManager
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SECRETARY ~'J~J .
?fiMANDO CHAPA ~"'
CITY SECRETAR"
EXHIBIT "A"
Stainless Steel Wave Slide
Extra Heavy Duty 3-way Swing with 4 Rubber Strap Seats with chains
Double Level Arch Climber
6' Bench
Supervision Safety Kit & Play Structure Maintenance Kit
Age Appropriate Playground Sign
Plastic Stone borders
Playground Wood fiber mulch
Wheelchair access ramp with end caps