R-79-200 - 4/25/1979Honorable Larry Tonn
Mayor of Round Rock
City of Round Rock
Dear Mr. Tonn:
April 9, 1979
This letter will comprise a letter agreement between the
Round Rock Soccer Association and the City of Round Rock. The
Round Rock Soccer Association proposes to advance to the City
of Round Rock the amount of $50.00 cash to be applied towards
the City's lease of the following described real property:
SEE ATTACHMENT "A"
The Round Rock Soccer Association further propose's to ex-
pend up to $2500.00 on improvements to the above described property.
These improvements will include, but not be limited to, grading,
installation of a sprinkler system, application of fertilizer,
and the planting of grass.
In exchange for the above, the City of Round Rock agrees to
the following: 1) To grant to the Round Rock Soccer Association
the exclusive use of the above described property during the
months of August, September, October, November. and December on
week -days from 4:00 p.m. through 9:00 p.m. and on Saturdays from
7:00 a.m. to 6:00 p.m. and Sundays from 1:00 p.m. through 7:00 p.m..
. f as long as the City has possession of the subject property.
Page 2
Honorable Larry Tonn
April 9, 1979
2) To connect without charge the sprinkler system installed by
the Soccer Association to the City water supply. 3) To maintain
the grass planted by the Soccer Association by mowing the grass
on no less than a bi- monthly basis during summer months and pro-
viding and paying for an adequate supply of water for the grounds
in times when there is no shortage of water and no public emergency
exists. 4) That no permanent improvements or temporary improve-
ments of any nature be placed upon the property during the term
of the lease without the.express written consent of the Round
Rock Soccer Association, which consent shall not be unreasonably
withheld.
If the terms of this agreement are acceptable to the Council
and if they resolve to enter into this agreement, please execute
this letter in the space provided below.
Accepted and Approved this
Z(, day of (4),60.
1979.
Larry Ton ayor
City of Round Rock, Texas
Attest:
Jo nne Land, it Secretary
Sincerely,
Michael E. Grimes
President,
Round Rock Soccer Association, Inc.
ATTACHMENT "A"
FIELD NOTES FOR MIKE GRIMES
Field Notes describing a 9.519 acre tract or parcel of land out
of the Wiley Harris Survey, Abstract No. 298, situated in William-
son County, Texas, and also bein the eastern portion of the remainder
of a fifty (50) acre tract conveyed to the Round Rock Independent
School District described in a deed recorded in Volume 503, Page
491 of the Williamson County Deed Records, said 9.519 acre tract
being more particularly described by metes and bounds as follows:
Beginning at an iron pin found at the Northeast corner of said
50 acre tract for the Northeast corner hereof;
THENCE S82 ° 43'30 "W, 573.43 feet to an iron pin set in the North
line of said 50 acre tract for the Northwest corner hereof;
THENCE S00 °07'50 "W, 692.90 feet to an iron pin set for the South-
west corner hereof, being in the North line of a thirty (30) acre
tract conveyed to Nancy N. Barker, et el, described in a deed
recorded in Volume 539, Page 426 of said Deed Records;
THENCE East 568.65 feet to an iron pin found at the Northeast
corner of said Barker tract for the Southeast corner hereof;
THENCE N00 ° 07'50 "E, 765.51 feet along the East line of said 50
acre tract to the Point of Beginning of this described tract
containing 9.519 acres of land more or less.
I, Steven D. Kallman, A REGISTERED PROFESSIONAL ENGINEER, do hereby
certify that these field notes and attached plat accurately
represent the results of an on the - ground survey made under my
direction and supervision on the 24th day of May, 1979. All
corners located are as shown. There are no encroachments, conflicts
or protrusions apparent on the ground except as shown.
HAYNIE & KALLMAN, INC.
., D. 6,66_,_
Steven D. Kallman,
Professional Engineer No. 40762
Date
s -2 -N
Page 1 of 2
ROBERT G GRIFFITH
Mayor
LARRY TONN
Mayor Pro.tem
COUNCILMEN
BILL BURGAN
PETE CORREA
TOM LOPEZ
STEVE PENA
MIKE ROBINSON
BOB BENNETT
City ManaSer
STEPHAN L. SHEETS
City Attorney
JOHN R. CARTER
Mun.aioal Judge
• THE CITY OF ROUND ROCK
214 E. Main St. • AC 512 - 255 -3612 • Round Rock, Texas 78664
MEMORANDUM
"GOOD LIVING WITH A PROUD HERITAGE"
DATE: April 24, 1979
TO: City Manager
FROM: Parks and Recreation Director
SUBJECT: Agenda Item 8B, April 26, 1979 Agenda
Lease with Round Rock Independent School District
The Round Rock Independent School District has authorized that the
lease agreement (attached) be executed with the City to provide a
playing field for soccer. The Soccer Association has agreed to
pay the $50.00 for the lease and to provide the City and School
District with a meets and bounds description. City Attorney
and Staff have reviewed the lease and approval of the lease is
recommended.
Respectfully submitted,
Mario Seminara
Parks and Recreation Director
City of Round Rock
Enc.
RESOLUTION NO. , OOk
WHEREAS, the City of Round Rock strives to provide land for youth
sports programs for the youth of Round Rock, and
WHEREAS, the City of Round Rock is in need of land for the playing of
soccer by the youth of Round Rock, and
WHEREAS, the governing board of the Round Rock Independent School
District recognizes the need for additional land for youth sports programs
and has agreed to execute a lease agreement with the City of Round Rock for
ten (10) acres of land, more or less, to be used for the playing of youth
sports, (a copy of said lease agreement is attached hereto as an Exhibit), and •
WHEREAS, the City Council of the City of Round Rock desires to enter
into said lease agreement with the Round Rock Independent School District,
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
THAT, the Mayor of the City of Round Rock is hereby authorized and
directed to execute on behalf of the City the said lease agreement;
RESOLVED this the 26th day of April, 1979.
ATTEST:
JOB' E LAND, City Secretary
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
LEASE AGREEMENT
WHEREAS the Round Rock Independent School District and the
City of Round Rock wish to provide adequate recreational facili-
ties and to offer the community the greatest possible benefit of
its investment in public expenditures, it is agreed that the Round
Rock Independent School District, as Lessor, under the authority
of Article 6081 t, Texas Revised Civil Statutes Annotated, agrees
to lease to the City of Round Rock, as Lessee, to use for recrea-
tional purposes only, the following described property in William-
son County, Texas, to -wit:
It is agreed between the parties that this lease shall be sub-
ject to the reservations and conditions hereinafter set forth:
I.
Length of the Lease
The term of this lease shall be from the first day of May, 1979,
to the 30th day of April, 1984.
II.
Rental Provisions
Lessee agrees to pay Lessor, as cash rent for the above described
property, the sum of fifty dollars ($50.00), upon the execution of
this lease.
Maintenance and Improvements
Lessee agrees to maintain the property, and keep it in
an orderly condition, to install a sprinkler system and to plant
grass at no expense to Lessor.
IV.
Joint Use
Lessor and Lessee shall have joint use of the property. The
Lessor reserves the right to schedule the use of the property during
the months of September through May; Monday through Friday from
7:00 a.m. to 4:00 p.m.
The Lessee shall have the right to schedule the use of the
property at all other times.
V.
Default
A. Upon default of Lessee or any of the terms or conditions
of this lease, Lessor shall have the right to retain the rent set
forth in Article II hereof and to terminate, after giving notice
as set forth below, this lease and any and all interest of Lessee
hereunder.
B. Upon default of Lessor, Lessee shall have the right of
specific performance.
C. These remedies are cumulative of all other remedies and
no other remedies shall be available upon breach, except the
remedies set forth under the terms of this Article.
VI.
Notice
Upon default of the terms or conditions of this lease by
either party, the other party shall give the defaulting party
notice by certified mail, return receipt requested, at the ad-
dresses set forth below, of the breach and the action required
to cure such breach. Such notice shall be given twenty (20) days
before the remedies set forth in Section V, (A) above, may be
invoked. Such remedies may not be invoked if within such
period the breach is cured.
Round Rock Independent School
District
1311 Round Rock Avenue
Round Rock, Texas 78664
VII.
City of Round Rock
214 E. Main
Round Rock, Texas 78664
Headings
The headings used herein are for convenience only and shall
not be resorted to for purposes of interpretation or construction
hereof.
VIII.
Amendments to be in Writing
This lease may be modified or amended only by a writing duly
authorized and executed by both Lessor and Lessee. It may not be
amended or modified by oral agreements or understandings between
the parties unless the same shall be reduced to writing duly authorized
and executed by both Lessor and Lessee.
Ix.
Texas Law to Apply
This agreement shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
X.
Legal Construction
In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof
and this'agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
President, School Board :' yor
Round Rock Independent School City of Round Rock, Texas
District