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CM-2020-305 - 10/30/2020ACCESS AND USE AGREEMENT (Grant of License to City of Round Rock) STATE OF TEXAS § COUNTY OF WILLIAMSON § This Access and Use Agreement (the "Agreement") between CITY OF ROUND ROCK, TEXAS ("City"), and ROUND ROCK INDEPENDENT SCHOOL DISTRICT ("RRISD") grants to City a license to enter and use certain RRISD property behind C.D. Fulkes Middle School for a portion of a public trail system (the "City Project"). The location for the City Project subject to this Agreement is described more fully in Exhibit A (the "Property"). 1. For the consideration given by City in entering a reciprocal Access and Use Agreement of even date granting a license to RRISD for a RRISD project, RRISD grants to City a license to enter and use the Property for the purpose of constructing a trail path for its City Project. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, and other work required to be performed in connection with City Project. This Agreement will extend to City, its contractors and assigns and all others deemed necessary by the Parties for the purpose of the construction of the City Project. The license granted herein will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of the City Project on the Property only. 2. Both Parties agrees to continue negotiations for an easement dedication or other voluntarily negotiated transfer of the Property for the purpose stated above and use by the general public. 3. The effective date of this Agreement will be the date on which the last party executes the Agreement (the "Effective Date"). 4. The purpose of this Agreement is to allow City to proceed with the City Project without delay caused by RRISD. 5. Both Parties recognize that this Agreement merely allows City to enter and use the Property for the purposes set forth herein above. City acknowledges that it must comply with all state, federal and local laws and regulations. City shall provide RRISD site plans and drawings for the City Project and obtain RRISD's consent, which consent will not be unreasonably withheld or delayed, before commencing demolition, clearing, construction or installation work on the City Project on the Property. Further, both Parties agree to cooperate in addressing safety or security issues, if any, posed by the City Project relative to RRISD's C.D. Fulkes Middle School campus. [signature page follow] �h-l- 2vZo-3p� ROUND ROCK INDEPENDENT SCHOOL DISTRICT Date: 9/24/2020 Board of Trustees CITY OF ROUND ROCK, TEXAS By: Date: f b 30 12-0 L , City Manager 15r-ook s Aeo . . r-.4 10 .r--4 W ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Access and Use Agreement with Round Rock Independent School District to grant the City a license to enter and use certain RRISD property behind C.D. Fulkes Middle School for a portion of a public trail system. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/30/2020 Dept Director: Rick Atkins, Director Cost: $0.00 Indexes: 2017 General Obligation Bonds Attachments: RRISD CD Fulkes MS CoRR Access Use Agreement, LAF - Access and Use Agreement w- Round Rock ISD - license for City to enter behind C.D. Fulkes Middle Department: Parks and Recreation Department Text of Legislative File CM-2020-305 This item allows the City Manager to sign an Access and Use Agreement with RRSID to allow the City to construct a portion of Heritage Trail West behind C.D. Fulkes Middle School. This was negotiated as part of the Access and Use Agreement for the construction of a driveway through Old Settlers Park to act as a bus drive for Elementary School #35. The Heritage Trail project includes a 10' wide trail detailing the history of Round Rock as a timeline. The project spans from the Bathing Beach at Chisholm Trail Road to Mays Street and include improvements at Bathing Beach Park, Chisholm Trail Crossing Park, and Memorial Park. The programmatic elements of the project will include historical, educational, arts & cultural, and general park elements. All elements encourage community events and development revitalization along the corridor. City of Round Rock Page 1 of 1