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R-90-1489 - 8/9/1990WHEREAS, it has been determined that there is a need for use of the Municipal Pool for the purpose of swim team practice, and WHEREAS, the City desires to make the Municipal Pool available to local swim teams if said swim teams are willing to pay their pro -rata share of maintenance and operation costs, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to sign on behalf of the City an agreement with Lone Star Aquatics for the use of the Municipal Pool, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 9th day of August, 1990. ATTEST: J.]°NNE LAND, City Secretary C- RS08090G RESOLUTION NO. 1 Li-s9 x114 MIKE ROBINSON, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT Agreement made this 9th day of August, 1990, by and between the City of Round Rock, Texas hereafter called "CITY ", and the Lone Star Aquatics, hereafter called "Lone Star ". WHEREAS, it has been determined that there is a need for winter use of the Municipal Pool, located within the City of Round Rock, Texas, for the purpose of swim team practice; and WHEREAS, the CITY owns a Municipal Pool which has been converted for winter use and WHEREAS, the CITY and Lone Star are prepared to cooperate in joint usage of the existing Municipal Pool located in Lake Creek Park and the Lone Star is willing to pay its pro -rata share of maintenance and operation costs; NOW THEREFORE, IT IS AGREED THAT: I. The Lone Star 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 Lone Star. b. The use of the Municipal Pool is subject to the policies and guidelines as set forth by the City Council and as administered by the City Staff. C- RS #DAGREE c. A representative from the CITY and a representative from the Lone Star will meet at least on an 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 assigning the needs and uses of the CITY priority in such scheduling. d. Subject to the requirements specified in Paragraphs a -c above, the Lone Star shall initially have the use of the subject facility as follows: 1. Between the hours of 6:10 p.m. - 8:40 p.m., Monday through Friday, beginning in September and ending in April of each year. 2. At other times as may be mutually agreed upon by Lone Star Aquatics and City's Director of Parks and Recreation and with other organizations which have contracted for use of said facility. 3. On Saturday and Sunday between September and April of each year, reservations may be obtained on a first come, first serve basis by requesting a reservation with the Parks and Recreation Department. 4. During the summer months and other periods when school is not in session the CITY shall have exclusive use of the Municipal Pool. 2. II. The CITY shall be responsible for all maintenance and operation of the Municipal Pool. The CITY and Lone Star shall each pay a pro -rata share of the operation and maintenance costs. These costs include but are not limited to gas bills, electric bills, chemical treatment of the pool water, and personnel costs. This pro -rata share shall be determined, in good faith, by the Parks and Recreation Department and shall be based upon the number of hours reserved by Lone Star and other swim groups. This pro -rata share may be subject to change if other swim groups sign or terminate agreements with the CITY. III. If damage to the pool facility is incurred during activities sponsored by Lone Star the Lone Star shall compensate the CITY for the cost of necessary repairs. IV. The City of Round Rock shall not be held liable for, and shall be saved and held harmless by the Lone Star from and against any and all claims and damages of every kind, for injury to or death of any person or persons and for damage to or loss of property, arising out of or attributed, directly or indirectly, to the operations or performance of the Lone Star and the use of the Municipal Pool as described in this Agreement. V. The term of the Agreement shall be for an initial period of one (1) year and may be shortened or extended, by the written consent of 3 . both parties. Any party may terminate this agreement for any reason by providing thirty (30) days written notice to the other party. VI. The notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre -paid, certified mail, return receipt requested, addressed as follows: To the City: City of Round Rock Parks & Recreation Department 214 E. Main Street Round Rock, Texas 78664 To Lone Star Aquatics: VII. This contract 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. VIII. This contract may not be assigned by Lone Star to any other party without the written consent of the City of Round Rock. IX. 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 provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. . X. This contract constitutes 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. 4. LONE STAR AQUATICS By: ATTEST: XI. Time is of the essence of t is contract. / DATED this % day of , 19g0. By: /11114-4-'11r /i2 CITY OF ROUND ROCK By: MIKE ROBINSON, Mayor ATTEST: 5. By: . 4I /I ALL .a J 1 NE LAND, Ci y Secretary DATE: August 7, 1990 SUBJECT: City Council Meeting, August 9, 1990 ITEM: 9G. Consider a resoulution authorizing the Mayor enter into an agreement with Lones Star Aquatics. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATIONS: ECONOMIC IMPACT: Lone Star Aquatics will have a winter swim program again this year and they want to renew their' contract with the City. Staff recommends approval. Each team is responsible for paying its prorata share of pool M &O costs.