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R-95-04-27-11D - 4/27/1995Mayor Charles Culpepper Mayor Pratem Robert Siluka Council Members Rod Morgan Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets May 5, 1995 Dr. Tom Norris Superintendent 1311 Round Rock Avenue Round Rock, TX 78681 Dear Dr. Norris: oanne Land Assistant City Manager/ City Secretary Enclosure THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 Resolution No. R- 95- 04- 27 -11D was approved by the Round Rock City Council on April 27, 1995. Enclosed is a copy of the resolution and an original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Fax 512- 255 -6676 1- 800.735.2989 (TDD) 1- 800 - 735 -2988 (Voice) RESOLUTION NO. R-95-C /1.0 WHEREAS, the City of Round Rock ( "City ") desires an additional swimming pool facility to be available to its citizens; and WHEREAS, the Round Rock Independent School District ( "RRISD ") desires access to a swimming facility to enhance its swimming program and physical education classes; and WHEREAS, the City and RRISD recognize that the needs of each entity can be harmoniously served by sharing a single swimming facility; and WHEREAS, the City and RRISD recognize that each entity can achieve cost savings by combining their resources to acquire a shared swimming facility; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to enter into an agreement with RRISD for a joint swimming facility. RESOLVED this 27th day of April, 1995. ATTEST: CB.pound LAND, City Secretary y of Round Rock, Texas LES C L PPER, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON CH \pool LEASE AGREEMENT ARTICLE I. PARTIES TO LEASE This Lease Agreement (hereinafter "Lease ") is entered into on this the ('1 day of , 1995 between the CITY OF ROUND ROCK, a Texas Home Rule nunicipal Corporation, (hereinafter "CITY "), and ROUND ROCK INDEPENDENT SCHOOL DISTRICT, (hereinafter "RRISD "). ARTICLE II. PURPOSE OF AGREEMENT The purpose of this Lease is to provide for the construction, operation and maintenance of a swimming pool facility and amenity area, primarily for the benefit of the citizens of CITY while also benefiting the students of RRISD. ARTICLE III. LEASED PREMISES RRISD hereby leases to CITY, and CITY hereby takes, leases and controls for the term and covenants and conditions herein, that area of land described and shown in Exhibit "A ", ( "Leased Premises "), which is attached hereto and is incorporated herein for reference as if copied herein verbatim. ARTICLE IV. CONSIDERATION The consideration for the Lease shall be payment by CITY to RRISD of One Dollar ($1.00) upon execution of this Lease, and for further consideration of the completion of the improvements to be constructed, operated and maintained for the purposes defined herein. ARTICLE V. LEASE PERIOD The Lease Period shall be for forty (40) years, beginning on ( day of rn o , 1995 and ending on ill day of 'ffl 2035 . The Lease Period is subject to earlier termir'fation as otherwise provided herein. CITY shall have the option to renew this Lease on the same terms for two (2) additional ten (10) year terms by providing ninety (90) days advance written notice of its intention to renew. ARTICLE VI. IMPROVEMENTS BY CITY CITY shall cause to be designed, constructed and installed upon the Leased Premises, at no cost to RRISD, a swimming pool facility and amenity area (hereinafter "Facility ") which will include the following: a pool that incorporates recreational and competitive components, pool heater, bathhouse, offices, and landscaping and signs for the facility. The plans for construction of the Facility shall be prepared by engineers, architects or consultants of CITY's choosing. CITY shall administer the contract or contracts let for all construction work on the Facility. This administration shall include advertising for bids, reviewing bids received, selecting contractors, and general oversight of the construction. All plans for construction of the Facility shall be submitted to RRISD for review and comment. No fees or expenses shall be charged RRISD in connection with the construction of the Facility. CITY shall install all necessary utilities, utility extensions, and water taps below ground surface and shall restore land nearly to the same conditions as it appeared before utility cuts were made, whether or not within the Leased Premises. ARTICLE VII. IMPROVEMENTS BY RRISD RRISD shall construct, at no cost to CITY, a street between Deepwood Drive and Grisham Drive in conjunction with the construction of the Facility. RRISD will also construct a parking lot to provide parking facilities for the students, swimming participants, and public users. RRISD shall consult with the CITY to determine the size of the parking lot adequate to serve the needs of the students, swimming participants, and the public. The plans for construction of said street and parking lot shall be prepared by engineers, architects or consultants of RRISD's choosing. RRISD shall administer the contract or contracts let for all construction work on said street and parking lot. This administration shall include advertising for bids, reviewing bids received, selecting contractors, and general oversight of the construction. The City shall issue all necessary permits and authorization for construction of the street and parking lot and perform all required inspections without costs to the RRISD provided that the construction of the street and parking lot conforms to all applicable construction standards and regulations. CB \pool 2. RRISD hereby dedicates the Leased Premises and all improvements, buildings and facilities to public use and hereby permanently dedicates the Leased Premises and all improvements, buildings and facilities to outdoor recreation. Therefore, because of said dedication, all improvements, buildings and facilities, exclusive of portable equipment and supplies, constructed or placed within the Leased Premises by CITY shall become the property of RRISD at the termination or expiration of this Lease, or upon the termination or expiration of any extensions hereof. If the Lease terminates before the expiration of the forty(40) year lease period, RRISD shall reimburse the CITY the unamortized cost of the Facility as of the date of the termination. The unamortized cost of the Facility shall be determined on a forty (40) year straight -line method of depreciation. RRISD shall pay CITY such determined cost in a lump sum within thirty (30) days of the termination of the Lease Agreement. Any unpaid balance beyond the thirty (30) days shall accrue interest payable to the CITY at a rate of ten percent (10 %) per annum. It is recognized by the parties hereto that the Facility shall be shared. The parties hereto agree that CITY shall confer with RRISD regarding the scheduling of Facility use, allowing for the use by RRISD and the general public. CITY sponsored activities and the use by the general public are primary and such use shall have priority over any and all conflicting uses by RRISD. RRISD shall have the right, with the approval of the CITY, to exclusive use of the Facility for three (3) events per year. All use of the Facility by RRISD is subject to the policies and guidelines as set forth by the City Council and administered by the CITY staff, provided the policies and guidelines are first submitted to RRISD for review and comment. A representative from CITY and a representative from RRISD shall meet at least annually, and more often as necessary, to coordinate a schedule for the use of the Facility. CITY's needs and requirements for the use of the Facility shall take priority over any conflicts between CITY's and RRISD's needs and requirements, subject to the periods of exclusive use by RRISD as agreed upon by the CITY and RRISD. It is agreed that during the school year, the Facility may be used by RRISD for its swim team practices and physical education classes as agreed to by the CITY and RRISD. The scheduled use by RRISD for swim team practices and physical education classes does not mean exclusive use. The general public is allowed to use the Facility during the operating hours of the Facility. However, this does not prohibit exclusive use by RRISD for scheduled special events approved by CITY staff. During the summer months and other periods when school is not in session, CITY shall have exclusive use of the Facility, unless agreed to CB \pool ARTICLE VIII. IMPROVEMENTS TO BECOME PROPERTY OF RRISD ARTICLE IX. USE OF FACILITY 3. otherwise by the CITY and RRISD. ARTICLE X. OPERATION AND MAINTENANCE CITY shall be responsible for all maintenance and operation of the Facility. CITY and RRISD shall pay their pro rata share of the operation and maintenance costs. Operation and maintenance costs include, but are not limited to, gas bills, electric bills, chemical treatment of the pool water, personnel, cost of insurance, routine maintenance such as painting, replacement of safety, pump, filtering and treatment equipment, sweeping, and cleaning the Facility and similar maintenance and operation costs required to keep the Facility in first class condition. The pro rata share of RRISD shall be the percentage determined by comparing the total hours the Facility is used by RRISD to the total number of hours the facility is operated. If damages to the Facility are incurred during activities sponsored by RRISD, RRISD shall compensate CITY for the cost of the repairs. The CITY shall bill RRISD on an annual basis for RRISD's share of the expenses incurred in the operation and maintenance of the Facility. RRISD shall remit any balances owed to the CITY within thirty (30) days of receipt of the bill from the CITY. RRISD shall have the right to examine and audit, at RRISD's expense, all records relating to the Facility not otherwise deemed confidential by law. Any significant renovations or new construction in excess of Ten Thousand and 00 /100 Dollars ($10,000.00) shall not be made until both the CITY and RRISD consent in writing to such renovations or new construction. ARTICLE XI. LIABILITY; INSURANCE CITY and RRISD shall comply with the requirements of all applicable laws, rules and regulations, including insurance requirements and each party to this Agreement shall have the responsibility for any liability to third parties occurring during the time the party has control of the Facility, subject to the general laws of the State of Texas which assign or limit the liability of any governmental entity, except each party shall be responsible for any damages it causes to the property and improvements comprising the Facility. Otherwise, nothing in this agreement shall cause either of the parties to incur any liability to third parties that does not exist under applicable law. CITY may obtain a policy or policies of general liability insurance in such amounts and providing such coverage as may be determined by the CITY, with RRISD as an additional named insured. Such cost of insurance shall be part of the cost of operation of the Facility in which RRISD shares a pro rata share of the costs. CB \pool 4. ARTICLE XII. EDUCATIONAL USE PARAMOUNT CITY recognizes that RRISD's property is public property intended for use for educational purposes. The construction of the Facility is determined by RRISD to be compatible with RRISD's use for educational purposes. RRISD agrees that it has made an examination of its future educational needs and that it does not foresee at the present time the need to use the Leased Premises for educational purposes inconsistent with use of the Facility for the purposes contemplated by this Agreement. However, should RRISD make the determination in the future, that RRISD has a need to use the Leased Premises for educational purposes inconsistent with the use of the Facility for purposes contemplated by this Agreement, RRISD may terminate this Lease Agreement by giving notice to the CITY at least one (1) year prior to the date on which the Lease Agreement is to be terminated by RRISD. Upon such termination, RRISD shall reimburse the CITY the unamortized cost of the Facility as of the date of such termination. The unamortized cost of the Facility shall be determined on a forty (40) year straight -line method of depreciation. RRISD shall pay the CITY such determined cost in a lump sum within thirty (30) days of the termination of the Lease Agreement. Any unpaid balance beyond the thirty (30) days shall accrue interest payable to the CITY at a rate of ten percent (10 %) per annum. ARTICLE XIII. WAIVER OF RIGHTS AND REMEDIES No waiver by either party hereto of any term or condition of this Lease shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. It is expressly understood and agreed by the parties that waiver of any right or remedy provided under this Lease shall not preclude the exercise of any other right or remedy under this Lease or any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. This Lease supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Lease which is not contained herein shall be valid or binding. CB \pool ARTICLE XIV. ENTIRE AGREEMENT 5. ARTICLE XV. CHANGES AND AMENDMENTS Except as specifically provided otherwise in this Lease, any alteration, additions or deletions to its terms shall be by amendment hereto in writing and executed by both parties to this Lease. ARTICLE XVI. NON - PERFORMANCE BY RRISD Should either party default in any of its obligations or covenants imposed by this Lease, the other party shall be entitled to terminate this Lease upon thirty (30) days notice. If the breaching party cures such default within thirty (30) days from receipt of notice of the default, the right to terminate the Lease shall not accrue. Should the default not be cured within thirty (30) days, the breaching party shall be liable to the non - breaching party for the direct damages suffered by virtue of such default. ARTICLE XVII. VENUE This Lease 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. ARTICLE XVIII. SEVERABILITY In case any one or more of the provisions contained in this Lease shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XIX. NOT REVOCABLE This Lease is not revocable at will by either party. ARTICLE XX. NOTICE Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: CB \pool 6. CITY: City of Round Rock ATTN: JOANNE LAND CIT OF ROUND ROCK Charles Mayor ROUND ROCK INDEPENDENT SCHOOL DISTRICT Judi Mo/eod President Board of Trustees f� is instru!nt was acknowledged on the �/ day of , 199Pby CHARLES CULPEPPER, as Mayor of the City of R. nd Rock, a Texas Home Rule Municipality, on behalf of said municipality. STATE OF TEXAS COUNTY OF WILLIAMSON COUNTY OF WILLIAMSON ) STATE OF TEXAS This instr�lgl�t was acknowledged in the ../o1 day of ri , 199�'by Judy McLeod, President, Board of Trustees for Rou d Rock Independent School District on behalf of said school district. CB \pool RRISD ATTN: RRISD: /1 IN„WITNESS WHEREOF, this Lease is executed on this O 7 day day /�/!1 A ^ y am , , 1995. u epper �av ;�eti� s V A \ I \ CHRISTINE R.MARTINEZ £. Notary Public,See of Teas 0 \ �® ' + My Commission Eves 08-C6-97 LILLIE C. DELGADO Notary Public. State of Texaa My Commission Expires Dec. IQ 1EE7 221 East Main Street Round Rock, Texas 78664 1311 Round Rock Ave Round Rock, Texas 78681 ATTEST: E LAND ty Secretary ATTEST: Name: Title: NOTARY PUBLIC in and for the State of Texas ..<1.1..kL c. Ot'ARY PUBLIC in a(kd for the State of Texas JAMES E. GARON & ASSOC., INC. PROFESSIONAL LAND SURVEYORS LEGAL DESCRIPTION: BEING 1.825 ACRES OF LAND LYING IN AND SITUATED OUT OF THE J.M. HARRELL SURVEY. ABSTRACT 284 IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 22.0 ACRE TRACT OF LAND CONVEYED TO THE ROUND ROCK INDEPENDENT SCHOOL DISTRICT BY DEED RECORDED IN VOLUME 1288. PAGE 887 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.825 ACRE PARCEL OF LANG BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS PREPARED FROM A SURVEY PERFORMED ON THE GROUND UNDER THE SUPERVISION OF JAMES E. GARON & ASSOCIATES, INC. IN JANUARY, 1992: BEGINNING at a polM on the west ilne of Grisham Drive and the east line of said 22.0 acre tract from which an Iron rod found for the northeast corner of said 22.0 acre tract bears N 08 50.00 feet: THENCE S 08 ° 23'00' E, 289.13 feet along Bald Ilne to a point for corner; THENCE S 81 ° 40'08' W. 276.00 feet. along a chain link fence line. to a point for comer; • THENCE N 08 ° 23'00' W, 288.08 feet to a point for come.; THENCE N 01 ° 37'00' E, 275.00 feet to the POINT OF BEGINNING ano conta:ning 1.825 acres of land, more or less. Pre •_ by: Garon Professional Land Surveyor s50,1\R8IS0.doe "EXHIBIT A" Feb. 14, 1995 1101 CAPTIAL OF TEXAS HIGHWAY, SOUTH • BLOG. H. SUITE 101 • AUSTIN, TEXAS 787AS • (512) 328.831, 8078 MAIN STREET • BASTROP, TEXAS 78602 • (612) 303-1185 DATE: April 25, 1995 SUBJECT: CITY COUNCIL MEETING, APRIL 27, 1995 ITEM: 11.D. Consider a resolution authorizing the Mayor to enter into an agreement with the Round Rock Independent School District for the construction, operation and maintenance of a swimming pool facility. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATION: Approval This agreement provides for a long term lease arrangement between RRISD and the City for the construction of a swim facility. This joint venture will address community needs by having recreational and competitive components. The City will finance the pool construction on land leased to the City, by RRISD. In addition, RRISD will construct a road and parking lot which will be used year round by students and swim program participants. ECONOMIC IMPACT: One million dollars have been set aside from the Neans settlement to construct the pool facility. Operation and maintenance costs will be supported by the General Fund and user fees.