CM-2020-273 - 10/9/2020Capital Area Council of Governments
Lease of Site for Air Quality Monitoring
Sec.1. Parties and Purpose
1.1. The Capital Area Council of Governments ("CAPCOG") is a regional planning commission and
political subdivision of the state of Texas organized and operating under the Texas Regional Planning Act
of 1965, as amended, chapter 391 of the Local Government Code.
1.2. The City of Round Rock ("Round Rock") is a home rule city of the State of Texas, located in
Williamson County, Texas that owns land suitable for location of air quality monitoring equipment ("City
Property").
1.3. CAPCOG has received funding from Clean Air Coalition members to monitor air quality in
the Central Texas region. CAPCOG has acquired air quality monitoring equipment and a meteorological
tower to carry out the grant, and CAPCOG has a contractor to operate the equipment. Round Rock has a
site suitable for locating monitoring equipment, and CAPCOG desires to lease the site for this purpose.
Sec.2. Lease
2.1. Round Rock leases to CAPCOG and CAPCOG leases from Round Rock the site which is a
portion of City Property, shown on the Attachment "A" to this lease, generally described as:
A 200 square foot portion of the property located at 1116 E. Austin
Avenue, Round Rock, TX 78664, in the City of Round Rock, Williamson
County, Texas, as depicted in Attachment A attached hereto and
incorporated herein by reference (the "Premises").
2.2. Round Rock agrees that CAPCOG may locate air quality monitoring equipment and a
meteorological tower on the Premises ("Equipment") and such is the exclusive permitted use of the
Premises. CAPCOG agrees to pay for installation and provision of necessary utilities to the Equipment.
2.3. Round Rock agrees that employees of CAPCOG and CAPCOG's contractor have access to the
Premises during normal business hours, to operate the monitoring equipment. CAPCOG agrees that
Round Rock employees have access to the Premises for inspection.
2.4. Round Rock acknowledges that CAPCOG or CAPCOG's contractor owns the air quality
monitoring equipment located on the site and that this Lease does not transfer ownership of the air
quality monitoring equipment to Round Rock or create a security interest in them for Round Rock's
benefit.
2.5. CAPCOG may not assign this Lease or sublet under this Lease without the prior written
consent of Round Rock. An attempted assignment or sublet in violation of this paragraph is void.
2.6. Round Rock agrees to limit any request to relocate the air quality monitoring station to
situations which, in Round Rock's discretion, amount to good cause to relocate the operation and
provide at least four (4) weeks advance notice before the effective date of any relocation.
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on the date shown on the return receipt if mailed by registered or certified mail, return receipt
requested, to the party's address specified in paragraph 7.2 and signed on behalf of the party; or (3)
three business days after its deposit in the United States mail, with first-class postage affixed, addressed
to the party's address specified in paragraph 7.2.
7.2. CAPCOG's address is 6800 Burleson Road, Building 310, Suite 165, Austin, TX 78744,
Attention: Betty Voights, Executive Director. Round Rock's address is 221 E. Main Street, Round Rock,
TX 78664, Attention: City Manager.
7.3. A party may change its address by providing notice of the change in accordance with
paragraph 7.1.
Sec. 8. Miscellaneous
8.1. Each individual signing this Lease on behalf of a party warrants that he or she is legally
authorized to do so and that the party is legally authorized to perform the obligations undertaken.
8.2. This Lease states the entire agreement of the parties, and an amendment to it is not
effective unless in writing and signed by all parties.
8.3. Attachment "A" is part of this Lease
8.4. This Lease is binding on and inures to the benefit of the parties' successors in interest.
8.5. This Lease is performable in Williamson County, Texas, and Texas law governs the
interpretation and application of this Lease.
8.6. This Lease is executed in duplicate originals.
City of Round Rock
B
Laurie Hadley
City Manager
Date
Car)ita4Area Council of Governments
Executive Director
Date 10 — l vv A
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a lease agreement with Capital Area Council of
Governments regarding air quality monitoring station.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/9/2020
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost:
Indexes:
Attachments: Agmt_Partially Signed
Department: Utilities and Environmental Services
Text of Legislative File CM-2020-273
Capital Area Council of Governments (CAPCOG) is moving their air quality monitoring station
into the City of Round Rock as part of their air quality monitoring program. This program
provides air quality data to be used by CAPCOG and its members. The station is a small 6-foot
by 10-foot trailer that requires open space away from highways and potential pollution sources.
The air monitoring station is required to remain stationary in an open area away from air
pollution sources and requires access to a 30 amp/110-volt RV outlet to operate. These
requirements mean the site must be on City -owned land with access to electricity. The Brushy
Creek Wastewater Treatment Plant West is a suitable location as it not only has both electric
access, but also adequate space.
The Utilities & Environmental Services Department recommends entering into this lease
agreement with CAPCOG until December 31, 2023. This includes providing electric services to
power the air monitoring station.
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