13 - Interlocal Agreement with North Lamar ISD related to a collector street

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Street Improvements 3. The District hereby agrees to construct a collector street which adheres to all specifications set forth in the City's Subdivision Ordinance and as required by the City Engineer. 4. The City agrees to reimburse the District for the portion of the cost of the street attributable to upsizing a twenty-four foot (24') -wide road to a thirty-nine foot (39') -wide collector street. For the purposes of this paragraph, the sum to be reimbursed to the District (the "Reimbursement") is estimated to be $162,079.71 based upon the proposal attached hereto as Exhibit B. The Parties understand and agree that the cost of widening the collector street set forth in Exhibit B is an estimate and that such cost may change. In such event, the City will not pay any greater than the estimated amount plus 10% of the estimated amount ($16,207.97) without further negotiation with the District. 5. The City shall remit said Reimbursement after final approval and acceptance by the City of the completed collector street. Upon said final approval and acceptance of the completed collector street, the District shall send the City an invoice (the "Reimbursement Invoice") for amounts due and owing under the preceding paragraph 4. The City shall seek to obtain the final approval of the Reimbursement Invoice and remit payment of same to the District within thirty (30) days following receipt of the Reimbursement Invoice from the District except for any amounts subject to negotiation as set forth in paragraph 4. Upon agreement on such additional amounts, the District will invoice the City for said agreed amount, which the city will pay within thirty (30) days of receipt thereof. Sidewalk 6. Due to the wooded nature of the Property to the north of the proposed New Elementary School and the proposed collector street, the City waives the requirement that the District construct a sidewalk on both sides of the collector street. The City and the District agree that the District will construct the sidewalk (the "Sidewalk") in accordance with the City's Subdivision Ordinance Section IX.J on the south side of the collector street only. 7. The City agrees to allow phased construction of the Sidewalk. The parties recognize that the Texas Department of Transportation ("TXDOT") has appropriated funding for a significant sidewalk construction project which includes construction of a sidewalk on the east side of U.S. Highway 271 to end at its intersection with the collector street referenced herein. The City agrees to allow the District to postpone the construction of the Sidewalk until such time as TXDOT has begun construction on the sidewalk from Northeast Loop 286 to the collector street. The parties will provide TXDOT a copy of this Agreement when fully executed and request that TXDOT notify the parties at least sixty (60) days before such construction commences. Should TXDOT fail to send such notice, once the City becomes aware that such construction has commenced, it will provide written notice to the District. The District shall have one hundred and eighty (180) days from receipt of a TXDOT notice or two hundred and ten (210) days from the date a notice is sent by the City to the District under this paragraph 7, thereby notifying the District to begin construction of the Sidewalk as required under this Agreement.