R-87-1035 - 8/27/1987WHEREAS, the Y.M.C.A. supports a competitive swimming program
for the residents of Round Rock, and
WHEREAS, this program takes place at a time when the City
of Round Rock pool facilities are not in active use, and
WHEREAS, the Round Rock Y.M.C.A. desires to have facilities
for its swimming program, and
WHEREAS, it appears to be to the benefit for both Round Rock
Y.M.C.A and the City of Round Rock, Texas to utilize the City
of Round Rock's pool facilities for this program, Now Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
RESOLUTION NO. /03,1 ,.
That the Mayor be and is hereby authorized to execute any
and all documents necessary to provide for the use of the City
of Round Rock swimming pool by the Round Rock Y.M.C.A.
RESOLVED this the oC 7 day of GLU.CJ , 1987.
ATTEST:
4 01A4/0,1.) ,J14*I
J7.NNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Agreement made this 27th day of August, 1987, by and
between the City of Round Rock, Texas hereafter called "CITY ",
and the Round Rock Family YMCA, hereafter called "YMCA ".
WHEREAS, it has been determined that a need for winter use
of the Municipal Pool located, within the City of Round Rock,
Texas, for the use of residents of Round Rock, Texas; and
WHEREAS, the CITY owns a Municipal Pool which has been
converted for winter use; and
AGREEMENT
WHEREAS, the CITY and YMCA are prepared to cooperate in
joint usage of the existing Municipal Pool 1ncated in Lake Creek
Park and ,the YMCA is willing to pay its prorate share of
maintenance and operation costs;
NOW THEREFORE, IT IS AGREED THAT:
L
The YMCA shall have use of the Municipal Pool during the
hours specified below and subject to the following conditions and
requirements.
a. CITY sponsored activities are primary and such
activities shall have priority over any and all conflicting
uses by YMCA.
b. The use of the Municipal Pool is subject to the policies
and guidelines as set forth by the City Council and
administered by the City Staff.
c. A representative from the CITY and a representative
from the YMCA will meet at ]east on a annual basis, and more
often as necessary to coordinate a schedule for the use of the
Municipal PooL Any conflicts existing between the needs and
requirements of the parties shall be resolved by such
representatives aaigning the needs and uses of the CITY priority
in such scheduling.
d. Subject to the requirements specified in Paragraphs a
above, the Y MCA shall initially have the use of the subject
facility as follows.
1. Between the hours of 6:00 o'clock - 7:00 o'clock am
and 5:30 o'clock pm - 8:30 o'clock pm, Monday
through Friday, throughout the school year.
2. During the summer months and other periods when
school is not in session the CITY shall have
exr1naive use of the Municipal PooL
IL
The CITY shall be responsible for all maintenance and
operation of the Municipal. PooL The CITY and Y MCA shall each
pay its prorate share of the operation and maintenance costs.
These costs include but are not limited to gas hills, electric hilts,
chemical treatment of the pool water, and personnel costs.
However, if damage to the pool facility is incurred during
activities sponsored by Y MCA, the Y MCA shall compensate the
CITY for the cast of necessary repairs.
The CITY shall not be held liable for any personal injuries
incurred during the designated time that /YMCA has exrinaive use
of the Municipal Pool.
1v.
Term
The term of the Agreement shall be for an initial period of
three (3) yeas and may be shortened or extended, by the written
consent of both parties.
v.
Notice
(a) This notice required or permitted to be delivered
hereunder 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 YMCA
Executive Director
1101 East Main St.
Round Rock, Texas 78664
Texas Law to Apply
(b) This contract shall be constructed under and in
accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performahla in
Williamson County, Texas.
Parties Bound
(c) This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors,
administrators, legal representatives, succors 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, illegal, or
unenforceable shall not affect any other grovision hereof, and this
contract shall be construed as if such invalid, illegal,, or
unenforcpahle provision had never been contained herein.
Prior Agreements Superseded
(e) This contract constituas the wile 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
YMCA
BY:
Gender
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.
ATTEST:
(f) Time is of the essence of this contract.
Dated this 7 day of , 1987.
KEN JO'1 NSON,
EXECUTIVE DIRECTOR
CITY OF ROUND ROCK
BY: 7
MIKE ROBINSON,
MAYOR
ATTEST:
g rAteL
JOANNE LAND,
CITY SECRETARY
DATE: August 25, 1987
SUBJECT: Council Agenda, August 27, 1987
ITEM: 12 -A - Consider a resolution authorizing the mayor to enter into
an agreement with the YMCA.
STAFF RESOURCE PERSON: Sharon Prete
STAFF RECOMMENDATION: Approval
ECONOMIC IMPACT: The YMCA will be responsible for paying its prorata
share of maintenance and operation costs associated with
the usage of the pooL