R-82-436 - 2/25/1982WHEREAS, the City of Round Rock strives to provide land
for sports programs for the youth of Round Rock, and
WHEREAS, the City leased 9.519 acres of land from the
Round Rock Independent School District to be used for youth
sports, and
WHEREAS, by letter agreement dated April 9, 1979, the
City granted to the Round Rock Soccer Association exclusive
use of the property at specified times for the month of
August through December, and
WHEREAS, the City Council wishes to enter into a new
letter agreement extending the period of use to include the
month of January through May, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT
The Mayor is hereby authorized and directed to execute a
letter agreement with the Round Rock Soccer Association, a
copy of said agreement being attached hereto and incorporated
herein for all purposes.
RESOLVED this 25th day of Febr 198
ATTEST:
1
1 M/n/w O &/ /ed../
J ANNE LAND, City Secretary
RESOLUTION NO. 5/36 / Q
LAS L. OTP, May r
City of Round Rock, Texas
Honorable Larry Tonn, et al
City of Round Rock
Subject: Soccer Field Lease
Dear Mr. Tonn,
Round Rock Soccer Association
P. 0. Box 722
Round Rock, Texas 78664
February 17, 1982
Reference: (1) Letter of agreement between the Round Rock Soccer
Association and the City of Round Rock.
(2) Lease agreement between the Round Rock Independent School
District and the City of Round Rock.
(3) Land Description.
In reviewing the referenced documents, I found that the periods of
use of the land differed between the lease and the letter of agreement
The lease specifies when the Lessor (RRISD) reserves the right to use the
land, and at all other times the Lessee (City) has the right to schedule
its use. The letter of agreement specifies that the City grants the right
to the use of the land (by the RRSA) from August through December.
I would like to propose that an amendment be made to the letter of
agreement regarding the period of use for the following reasons:
1. The Round Rock Soccer Association is planning to have a Spring
soccer program this year which will run from March through May.
2. The Fall soccer program culminates with playoffs between the
various soccer associations which can run into February. Although
Round Rock has not hosted any of these playoffs yet, we may do so
in the future. Regardless, the teams competing from our association
still need fields to practice on during this time period.
Attached you will find an amended letter of agreement which specifies
the period of use to be from August through May. I would appreciate your
consideration of this amendment.
Sincerely,
Terry McKenna
President
Honorable Larry Tann
Mayor of Round Rock
City of Round Rock
Dear Mr. Tonn:
February 17, 1982
This letter will comprise a letter of agreement between the Round
Rock Soccer Association and the City of Round Rock. The Round Rock Soccer
Association proposes to advance 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 proposes to expend 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 through December
and January through May on weekdays from 4:00 p.m. through 9:00 p.m.,
on Saturdays from 7:00 a.m. to 6:00 p.m., and on Sundays from 1:00 p.m.
through 7:00 p.m. for as long as the City has possession of the subject
property.
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 bimonthly basis during summer months and
providing 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 improvements 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 witheld.
Page 2
Honorable Larry Tonn
February 17, 1982
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 Appr v d this
r�J` T � day of � ,
1982
Tonn, Ma o
City of Round Rock, Texas
Attest:
nne Land, City Secretary
Sincerely,
Terrence McKenna
President,
Round Rock Soccer Association, Inc.
Honorable Larry Tonn
Mayor of Round Rock
City of Round Rock
Dear Mr. Tonn:
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"
April 9, 1979
The Round Rock Soccer Association further proposes 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.,
for 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 Ap this
2 Ca da, of (��A
1979. IIr�
Le,ry Ton , May .r
City of Round Rock, Texas
Attest:
Al 44
JJanne Land, City Secretary
Sincerely,
Michael E. Grimes
President,
Round Rock Soccer Association, Inc.
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:
SEE ATTACHMENT "A"
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 City of Round Rock
District 214 E. Main
1311 Round Rock Avenue Round Rock, Texas 78664
Round Rock, Texas 78664
VII.
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 nay 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.
Texas Law
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.
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
Round Rock Independent School
District
Ix.
X.
Mayor
City of Round Rock, Texas
ATTACHMENT "A"
Page 1 of 2
Field rotes 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.
Steven D. Kallman,
Professional Engineer No. 40762
Date
s- 24 - 79
SKETCH To ACCOMPANY FiELD NOTES OF 9.519 c.
IN THE WiLEY HARRIS SURVEY ABSTRAcr
WiLLIAmSoN COUNTY, TEXAS
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111 1‘ 2115 North Move
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(512) 255-4664. 266.7
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