R-92-1752 - 9/24/1992the 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 Round Rock Aquatics for the use
of the Municipal Pool, said agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this 24th day of September, 1992.
ATTEST:
1
JO
E
C- RS09242A
WHEREAS, it has been determined that there is a need for use of
LAND, City Secretary
RESOLUTION NO. / 75° R--'
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
C- AGREE #2
AGREEMENT
Agreement made this 24th day of September, 1992, by and between
the City of Round Rock, Texas hereafter called "CITY ", and Round Rock
S
S
S
Aquatics, hereafter called "RR Aquatics ".
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 RR Aquatics are prepared to cooperate in
joint usage of the existing Municipal Pool located in Lake Creek Park
and RR Aquatics is willing to pay its pro -rata share of maintenance
and operation costs;
NOW THEREFORE, IT IS AGREED THAT:
I.
RR Aquatics 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 RR
Aquatics.
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. A representative from the CITY and a representative from RR
Aquatics 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, RR Aquatics 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 RR
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 RR Aquatics 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 RR
Aquatics and other swim groups. This pro -rata share may be subject to
change if other swim groups sign or terminate agreements with the
CITY.
If damage to the pool facility is incurred during activities
sponsored by RR Aquatics then RR Aquatics 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 RR Aquatics 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 RR Aquatics and the use of the Municipal Pool as described in the
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
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 RR Aquatics 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.
To Round Rock Aquatics:
XI.
Time is of the of this contract.
DATED this `( day of
ROUND ROCK AQUATICS
By: By: A`"` � "�'.
ATTEST:
5.
CITY OF ROUND ROCK
ATTEST:
By: By:
, 1992.
el
E LAND, City Secretary
DATE: September 22, 1992
SUBJECT: CITY COUNCIL MEETING, SEPTEMBER 24, 1992
ITEM: 9.A. Consider a resolution authorizing the Mayor to enter into an
agreement with the Round Rock Aquatics for use of the municipal
pool.
STAFF RESOURCE PERSON: Sharon Prete
STAFF RECOMMENDATION: APPROVAL
Round Rock Aquatics will have a winter swim program again this year and
they want to renew their contract with the City.
ECONOMIC IMPACT:
Each team is responsible for paying its prorata share of pool M &O costs.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
Agreement made this 24th day of September, 1992, by and between
the City of Round Rock, Texas hereafter called "CITY ", and Round Rock
Aquatics, hereafter called "RR Aquatics ".
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 andRRAquatics are prepared to cooperate in
joint usage of the existing Municipal Pool located in Lake Creek Park
and RR Aquatics is willing to pay its pro -rata share of maintenance
and operation costs;
NOW THEREFORE, IT IS AGREED THAT:
RR Aquatics 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 RR
Aquatics.
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- AGREE /2
I .
S
S
S
c. A representative from the CITY and a representative from RR
Aquatics 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, RR Aquatics 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 RR
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 RR Aquatics 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 RR
Aquatics and other swim groups. This pro -rata share may be subject to
change if other swim sign or terminate agreements with the
CITY.
III.
If damage to the pool facility is incurred during activities
sponsored by RR Aquatics then RR Aquatics 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 RR Aquatics 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 RR Aquatics and the use of the Municipal Pool as described in the
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 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:
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 RR Aquatics 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.
To the City:
City of Round Rock
Parks & Recreation Department
214 E. Main Street
Round Rock, Texas 78664
To Round Rock Aquatics:
•
ATTEST:
XI.
Time is of the /� I- essence of this contract.
DATED this O�'T-- day of /J�l (QJyj�AJ
ROUND ROCK AQUATICS
By:
By: B
J
r
5.
CITY OF ROUND ROCK
, 1992.
'0
ATTEST:
E LAND, City Secretary