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CM-10-07-139ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing a Letter Agreement with Round Rock Independent School District granting consent/access for RRISD construction work on site of Micki Krebsbach Pool. July 2, 2010 Department: Parks and Recreation Project Manager: David Buzzell Item Summary: This letter agreement will allow RRISD access to the Micki Krebsbach Pool property to install approximately 130 linear feet of sanitary sewer line and associated manholes as part of the Round Rock High School Phase 2 Project. This letter agreement satisfies the notice requirements set forth in the Pool Lease Agreement from May 1995. Strategic Plan Relevance: N/A Cost: $0.00 Source of Funds: N/A REV. 6/10/10 Mayor Alan McGraw Mayor Pro -Tem Joe Clifford Councihnembers Rufus Honeycutt George White Carlos T. Salinas John Moman Kris Whitfield City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. June 11, 2010 Round Rock Independent School District 1311 Round Rock Avenue Round Rock, Texas 78681 Re: Letter Agreement between the City of Round Rock, Texas (the "City") and the Round Rock Independent School District (the "District") regarding planned construction work partially on City leasehold property To Whom It May Concern: This letter is intended to reflect certain understandings between the City and the District with regard to the District's planned construction work to be performed partially on the City's leasehold property described as follows, to -wit: on and adjacent to the site of the Micki Krebsbach Pool located at 301 Deepwood Drive, said property being further described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. The District's planned construction work is further described as follows, to -wit: The District and/or its contractor will install approximately 130 linear feet of sanitary sewer line and associated manholes on the east side of the City's referenced Micki Krebsbach Pool property. Additionally, the District and/or its contractor shall install temporary fencing around the outer limits of construction to protect pool patrons from entering the construction area. Both parties acknowledge that the City and the District entered into a "Lease Agreement" covering the subject property on May 1, 1995, and that such Lease Agreement is for a period of forty (40) years expiring on May 1, 2035. The City hereby acknowledges that the District, via this Letter Agreement and in accordance with requirements of said "Lease Agreement," has satisfied notice requirements to the City that the District will be performing the delineated work on and adjacent to the City's leasehold site. Further, the City expressly states its consent in writing that such work may be performed as delineated on its leasehold premises, and hereby grants access to the leasehold site. Both parties acknowledge substantial benefit to their respective entities, and state that such is good and valuable consideration for the making of this Agreement, and hereby acknowledge the receipt and sufficiency of such consideration. 194139/jkg CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street • Round Rock, Texas 78664 Phone 512.218.5401 • Fax 512.218.7097 • www.roundrocktexas.gov Both parties acknowledge that the delineated work is a project of the District, and that the District has sole control of the work with no obligation to obtain consent from the City beyond the consent evidenced by this Agreement. Both parties further acknowledge that the District bears all costs associated with the work, and that the City has no obligation whatsoever to contribute to same. By signature below, the City and the District confirm all terms of this Letter Agreement. ROUND ROCK INDEPENDENT SCHOOL DISTRICT CITY OF ROUND ROCK, TEXAS By: By: By: Printed Name: �«21 Printer ai e: James R. Nuse, P.E. Title: �' g_, �f Title: City Manager Address: 1311 Round ock Ave. Address: 221 East Main Street Round Rock, TX 78681 Round Rock, TX 78664 FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TOFOR1VI: By: Stepha L. Sheets, City Attorney ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor Alan McGraw Mayor Pro -Tem Joe Clifford Councilmembers Rufus Honeycutt George White Carlos T. Salinas John Moman Kris Whitfield City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets CM -10-07-139 June 11, 2010 Round Rock Independent School District 1311 Round Rock Avenue Round Rock, Texas 78681 Re: Letter Agreement between the City of Round Rock, Texas (the "City") and the Round Rock Independent School District (the "District") regarding planned construction work partially on City leasehold property To Whom It May Concern: This letter is intended to reflect certain understandings between the City and the District with regard to the District's planned construction work to be performed partially on the City's leasehold property described as follows, to -wit: on and adjacent to the site of the Micki Krebsbach Pool located at 301 Deepwood Drive, said property being further described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. The District's planned construction work is further described as follows, to -wit: The District and/or its contractor will install approximately 130 linear feet of sanitary sewer line and associated manholes on the east side of the City's referenced Micki Krebsbach Pool property. Additionally, the District and/or its contractor shall install temporary fencing around the outer limits of construction to protect pool patrons from entering the construction area. Both parties acknowledge that the City and the District entered into a "Lease Agreement" covering the subject property on May 1, 1995, and that such Lease Agreement is for a period of forty (40) years expiring on May 1, 2035. The City hereby acknowledges that the District, via this Letter Agreement and in accordance with requirements of said "Lease Agreement," has satisfied notice requirements to the City that the District will be performing the delineated work on and adjacent to the City's leasehold site. Further, the City expressly states its consent in writing that such work may be performed as delineated on its leasehold premises, and hereby grants access to the leasehold site. Both parties acknowledge substantial benefit to their respective entities, and state that such is good and valuable consideration for the making of this Agreement, and hereby acknowledge the receipt and sufficiency of such consideration. 194139/jkg CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street • Round Rock, Texas 78664 Phone 512.218.5401 • Fax 512.218.7097 e www.roundrocktexas.gov Both parties acknowledge that the delineated work is a project of the District, and that the District has sole control of the work with no obligation to obtain consent from the City beyond the consent evidenced by this Agreement. Both parties further acknowledge that the District bears all costs associated with the work, and that the City has no obligation whatsoever to contribute to same. By signature below, the City and the District confirm all terms of this Letter Agreement. ROUND ROCK INibEPENDENT SCHOOL DISTRICT CITY OF ROUND R 1 CK, TEXAS By: By: / Printed Name: Printee: James R. Nuse, P.E. Title: Title: City Manager Address: 1311 Round Rock Ave. Address: 221 East Main Street Round Rock, TX 78681 Round Rock, TX 78664 FO CITY, ATTEST: By: .tAlott- Sara L. White, City Secretary FOR CITY, APPROVED AS TOFORM: By: 1, Stepha L. Sheets, City Attorney ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing a Letter Agreement with Round Rock Independent School District granting consent/access for RRISD construction work on site of Micki Krebsbach Pool. July 2, 2010 Department: Parks and Recreation Project Manager: David Buzzell Item Summary: This letter agreement will allow RRISD access to the Micki Krebsbach Pool property to install approximately 130 linear feet of sanitary sewer line and associated manholes as part of the Round Rock High School Phase 2 Project. This letter agreement satisfies the notice requirements set forth in the Pool Lease Agreement from May 1995. Strategic Plan Relevance: N/A Cost: $0.00 Source of Funds: N/A REV. 6/10/10