INTERLOCAL AGREEMENT FOR TRAIL DESIGN AND CONSTRUCTION BETWEEN THE CITY OF AUSTIN

Transcription

1 INTERLOCAL AGREEMENT FOR TRAIL DESIGN AND CONSTRUCTION BETWEEN THE CITY OF AUSTIN AND THE CITY OF SUNSET VALLEY This Interlocal Agreement is by and between the City of Austin (also, AUSTIN ) and the City of Sunset Valley (also, SUNSET VALLEY ), two Texas municipal corporations and has an effective date of, SUNSET VALLEY and Hill Country Conservancy ( CONSERVANCY ) have come to an agreement to work collaboratively to plan, construct and operate "Violet Crown Trail" (also VCT ) in part within SUNSET VALLEY City Limits ( Walk For a Day MOA 2010). CONSERVANCY has recruited the assistance of AUSTIN to design and cause to be constructed a hike and bike trail for the mutual benefit of the AUSTIN, SUNSET VALLEY, the CONSERVANCY, and our respective constituents and other trail partners. The parties to this Agreement agree to work collaboratively to plan and construct Violet Crown Trail. This partnership will provide value to diverse communities in a manner that shares limited resources for the benefit of all. The parties therefore hereby agree as follows: I. PURPOSE "Violet Crown Trail (VCT) will be a well-planned, well-managed, and well-funded regional trail constructed in phases as funding and other resources become available. VCT will provide public recreational and wilderness experiences connecting people to the environment and heritage of Barton Springs and the Central Texas Hill Country. II. CITY OF AUSTIN RESPONSIBILITIES Austin shall be responsible for the design and construction of a hike and bike trail along the alignment described in Exhibit A to this agreement (the portion of the hike and bike trail located in the City of Sunset Valley is hereinafter sometimes referred to as the Trail ). The Trail shall be part of the VCT. The Trail shall be designed and constructed as follows: A. The Trail shall conform to all applicable standards and specifications as outlined in the Sunset Valley Trails Master Plan and all applicable construction standards set out in the American Association of State Highway Transportation Officials Guide for the Development of Bicycle Facilities, 2012 Edition. B. AUSTIN shall be responsible for the costs of soliciting the design and construction services necessary to complete the Trail that will be situated on land in SUNSET VALLEY. C. AUSTIN shall cooperate with SUNSET VALLEY to ensure that Trail construction, and other VCT-related projects are completed according to the terms of this agreement. Page 1 of 6

2 III. CITY OF SUNSET VALLEY RESPONSIBILITIES A. Sunset Valley grants AUSTIN, and its agents as approved by SUNSET VALLEY, the authority to plan, and construct the Trail to serve as a public access trail suitable for uses defined in the original VCT Master Trail Plan (Exhibit B) and in accordance with the Sunset Valley Trails Master Plan (Exhibit A) B. SUNSET VALLEY, shall allow for public access to the Trail in a manner consistent with the guidelines for public use stated in the VCT Master Trail Plan and applicable local, federal and state laws, codes, ordinances and regulations. C. SUNSET VALLEY will encourage public participation in trail planning through existing public forums and forums specific to this project. D. SUNSET VALLEY shall: i. Review plans and process SUNSET VALLEY permits and approvals for the Trail if required by SUNSET VALLEY s applicable regulations. ii. Provide technical assistance on issues related to sensitive and sustainable design, construction, operation and management of VCT. This assistance may be, at the SUNSET VALLEY 's sole discretion, in the form of staff input or contracted services, both of which may be at SUNSET VALLEY 's sole expense; iii. Work with AUSTIN and the CONSERVANCY to develop appropriate procedures and protocols to provide for trail construction, management, emergencies, and closures; IV. GENERAL TERMS AND CONDITIONS A. SUNSET VALLEY is responsible for ensuring the maintenance of the trail for public use in a manner consistent with the preceding Article III.B. Maintenance of the trail will be carried out by the CONSERVANCY under a separate agreement by and between SUNSET VALLEY and the CONSERVANCY which shall be reviewed annually. B. SUNSET VALLEY may close any segment of VCT on SUNSET VALLEY property when in its reasonable discretion SUNSET VALLEY determines that a trail closure is necessary to protect the public's health and well-being. SUNSET VALLEY shall notify the CONSERVANCY and AUSTIN and other trail partners through written notification at least ninety (90) days prior to any trail closures, except when an emergency exists that requires immediate closure as determined by SUNSET VALLEY in its sole discretion. C. AUSTIN shall have no obligation or authority, after the initial construction, to alter or maintain the trail, in any way unless provided for in a separate written and duly authorized agreement. D. This agreement constitutes the entire agreement between both parties. Any previous agreement, assertion, statement, understanding, or other commitment regarding the Trail before the date of this contract, whether written or oral, shall Page 2 of 6

3 have no force or effect. No agreement, assertion, statement, understanding, or other commitment during the term of this agreement, or after the term of this agreement, shall have any legal force or effect unless properly executed in writing by the parties. E. This agreement may only be revised or modified with the written consent of both parties. Amendments of an administrative nature may be made without the express approval of the governing bodies of the parties. F. This agreement is made, and shall be construed and interpreted under the laws of the State of Texas, and venue for any lawsuit concerning this Agreement shall be brought in Travis County, Texas. G. All official communications and notices required to be made under this Agreement shall be deemed made to the parties at the addresses listed below: If to AUSTIN: Nadia Barrera City of Austin Public Works Department P.O. Box 1088 Austin, TX (512) If to SUNSET VALLEY Katy Phillips Public Works Director, City of Sunset Valley 3205 Jones Road Sunset Valley, Texas (512) This agreement may be executed in counterparts. [SIGNATURE PAGE FOLLOWS] Page 3 of 6

4 EXECUTED AND EFFECTIVE the date first above stated. AUSTIN By: Name: Title: Date:, 2015 Executed and effective the date first above stated. SUNSET VALLEY By: Name: Title: Date:, 2015 Page 4 of 6

5 EXHIBIT A Exhibit A Trail Plan Map Page 5 of 6

6 EXHIBIT B Violet Crown Trail Master Plan EXHIBIT C City of Sunset Valley Trails Master Plan Page 6 of 6