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R-85-676 - 1/24/1985RESOLUTION N0. (� 1 6 ie WHEREAS, the Council has previously by resolution authorized the Mayor to execute an agreement with the Round Rock Independent School District for joint construction and use of tennis courts, and WHEREAS, the aforesaid agreement has been amended and said amendments meet with the Council's approval, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor of the City of Round Rock, Texas, is hereby authorized and directed to execute on behalf of the City, an amended agreement with the Round Rock Independent School District, a copy of such agreement being attached hereto and incorporated herein for all purposes. ATTEST: / RESOLVED this e4 4 day of mi, JO NNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock , 1985. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § and AGREEMENT Agreement made this TN day of -1- , 1985, by and between the City of Round Rock, Texas, hereafter called "CITY ", and the Round Rock Independent School District, hereafter called "RRISD ", pursuant to the authority granted in Article 4413 (326) TEX. REV. CIV. STAT. ANN. (Intergovernmental Cooperation Act): WHEREAS, it has been determined that a need exists for addi- tional recreational facilities, including tennis courts, within the city of Round Rock, Texas, for the use of residents of Round Rock, Texas; and WHEREAS, RRISD owns sufficient suitable land on the grounds of Round Rock High School on which additional tennis courts may be constructed; and WHEREAS, the CITY has sufficient funds available to assist RRISD in the construction of additional recreational tennis courts; WHEREAS, the CITY and RRISD are prepared to cooperate in joint usage of the existing tennis courts located on the campus of the Round Rock High School and in jointly constructing two additional tennis courts on such campus; NOW THEREFORE, IT IS AGREED THAT: I. The CITY shall contribute one half of the cost of contract services and materials, up to a maximum of $10,000.00, for the construction of two new lighted tennis courts to be constructed on the grounds of Round Rock High School on land owned by RRISD. RRISD shall contribute one half of the cost of contracted services and materials; however, in the event the total cost of such services and materials exceeds $20,000.00, RRISD shall pay the full amount in excess of $10,000.00. II. The CITY shall have use of the tennis court now located on the campus of the Round ROck High School and those to be con- structed under the terms of this Agreement, during the times spe- cified below and subject to the following conditions and require- ments: a. The requirements and needs of the RRISD for the use of the subject facilities for school sponsored or school related activities are primary and such activities shall have priority over any and all conflicting uses by the city or public. b. The use of the courts are subject to the policies and guidelines promulagated by the RRISD Board of Trustees. c. A representative from the CITY and a representative from the RRISD will meet at least on a bi annual basis, and more often as necessary, to coordinate a schedule for the use of the subject tennis courts. Any conflicts existing between the needs and requirements of the par- ties shall be resolved by such representatives assigning the needs and uses of the RRISD priority in such sche- duling. d. Subject to the requirements specified in Paragraphs a -c above, the CITY shall initially have the use of the sub- ject facilities as follows: 1. Between the hours of 6:00 o'clock p.m. and 6:00 o'clock a.m. 2. During the summer months and other periods when school is not in session the CITY shall have joint use with the RRISD for league and tournament play and other CITY sponsored programs during the hours before 6:00 o'clock p.m. 3. The RRISD tennis courts shall be open to the general public when no CITY or RRISD sponsored program are being conducted. III. CITY shall provide up to two hundred cubic yards of base material at the site of the courts to be constructed, and shall also contribute all necessary manpower, equipment, and fuel to prepare the subgrade for the new courts. The final grade work shall be completed by a contractor. IV. RRISD shall administer the contract or contracts let for all construction work on the tennis courts to be constructed. This administration shall include advertising for bids, reviewing bids received, selecting contractors, and general oversight of the construction. -2- V. RRISD shall be responsible for all maintenance of all tennis courts, existing and to be constructed, including but not necessarily be limited to, court surface, lighting, fences, nets, and net posts as the RRISD budget permits. However, if damage to the tennis court facilities is incurred during activities spon- sored by the CITY, the CITY shall either complete the necessary repairs or compensate RRISD for the cost of necessary repairs. VI. When user fees are required to be paid by participants in CITY sponsored programs that part of those fees not used to off- set direct costs of the program shall be contributed to RRISD to assist to defray costs of utilities, i.e. electricity and water, incurred as a direct result of CITY sponsored programs. VII. Term The term of this Agreement shall be for an initial period of five (5) years and may be extended, upon the expiration of such initial term, by the written consent of both parties. VIII. Notice (a) This notice required or permitted to be delivered here- under shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed as follows: To the City: City of Round Rock Parks and Recreation Dept. 214 East Main Round Rock, Texas 78664 To the RRISD: Athletic Director Round Rock Independent School District 1311 Round Rock Avenue Round Rock, Texas 78664 Texas Law to Apply (b) This contract shall be constructed under and in accor- dance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. -3- Parties Bound (c) This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, execu- tors, administrators, legal representatives, successors and assigns where permitted by this contract. Legal Construction (d) In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, ille- gal, or unenforceable in any respect, such invalidity, illega- lity, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (e) This contract constitues the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (f) Time is of the essence of this contract. Gender (g) Words of any gender used in this contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this (1(7 day of , 1985. ROUND ROCK INDEPENDENT CITY OF ROUND ROCK SCHOOL DISTRICT • BY: I (L NELDA CLICK, BOARD PRESIDENT BY: -4- MIKE ROBINSON, MAYOR