R-06-09-14-11B1 - 9/14/2006RESOLUTION NO. R -06-09-14-11B1
WHEREAS, Williamson County, Texas ("County") desires to use City
of Round Rock property for purposes related to the operation of a
public safety Radio Communications System ("RCS"), and
WHEREAS, the City of Round Rock wishes to enter into a Lease
Agreement with Williamson County, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Lease Agreement with Williamson County, a copy of
same being attached hereto as Exhibit "A" and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 14th day of September, 2006.
Cit
CHRISTINE R. MARTINEZ, City Secretar
@PFDesktop\::ODMA/WORLDOX/O:/wdox/RESOLOTI/R60919B1.WPD/rmc
WE L, ayor
of Round Rock, Texas
I
EXHIBIT
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D1
Iv
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
KNOW ALL BY THESE PRESENTS:
LEASE AGREEMENT
THIS LEASE AGREEMENT is made to be effective on the day of the month of
, 2006, by and between the CITY OF ROUND ROCK, TEXAS
(hereinafter referred to as the "City"), and WILLIAMSON COUNTY, TEXAS (hereinafter
referred to as the "County").
For and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed by and between the parties as follows:
I.
Agreement to Lease
Subject to and upon the terms and conditions herein set forth, and each in consideration
of the duties, covenants and obligations of the other hereunder, the City hereby leases to the
County, and the County hereby leases from the City, the below -described tract of land (the
"Property"):
A 0.101 acre tract of land, situated in the Francis A. Hudson Survey, Abstract No.
295, in Williamson County, Texas, said tract being a portion of that certain 2.06
acres conveyed to the City of Round Rock by deed recorded in Volume 1466,
Page 623, Official Records of Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit "A".
The Property shall be used by the County solely for purposes related to the
operation of a public safety Radio Communications System, ("RCS").
II.
Term
The initial term of the Lease Agreement shall begin on the effective date hereof, and shall
extend for a period of five (5) years from such date. This Lease Agreement may be extended
only upon the express written agreement of the parties. In the event that the County ceases to use
the Property solely for purposes related to the operation of the RCS, the City may elect to
terminate this Lease Agreement.
III.
Consideration
Consideration for this Lease Agreement shall be the mutual interests of the parties in the
use of the Property for constructing improvements related to the RCS and the sum of One and
104192
No/100 Dollar ($1.00) per year. Additionally, the County agrees to maintain the Property in a
manner which is consistent with the requirements of any other governmental agency having
jurisdiction over the Property.
County acknowledges that the City is leasing the Property to the County for less than fair
market value. In the event that the County enters into a lease agreement for RCS facilities with
another municipality for a consideration in excess of the amount herein, then the City shall have
the option of requesting the County to renegotiate the consideration provided for herein. If the
City and County are not able to agree on an amount, then the City shall have the option to
terminate this Lease Agreement.
IV.
Responsibilities of the County as Lessee
The County hereby covenants and agrees to do the following:
1. Lease the Property from the City for the lease term on the terms and conditions
enumerated herein.
2. Accept the Property in its present condition, the Property being suitable "as is" for
its intended use.
3. Timely pay the lease rent each year to the City at its offices in Round Rock,
Texas, or elsewhere as the City may from time to time designate in writing.
4. Maintain the Property appropriately, keeping it clean, mowed, and free of trash
and debris. The City hereby agrees that the County shall have the right to trim, cut, fell and
remove trees, underbrush and vegetation, and shall have the right to remove obstructions,
structures or obstacles on the Property, limited to only that which is necessary to carry out the
purposes of this Lease Agreement. The County hereby agrees that it shall be solely responsible
for the erection, maintenance, demolition, removal or relocation of any fencing located on the
Property. The County hereby agrees that is shall be solely responsible for providing all
necessary maintenance to the County's equipment and improvements located on the Property.
5. Obey all laws, rules, regulations, and terms of this Lease Agreement and of the
use, condition, and possession of the Property, including rules and regulations adopted by the
City from time to time. The County hereby agrees that all additions, extensions, alterations,
improvements, repairs and restoration to and of said Property or any improvements thereon, now
or hereafter made by the County, and the plans, construction, and workmanship therefore, shall
be in accordance with the laws, ordinances, and building rules and regulations applicable thereto.
6. Vacate the Property upon termination of this Lease Agreement, and surrender all
access to the Property.
7. Allow the City to enter the premises to perform the City's obligations, or to
reasonably inspect the Property.
2
8. Submit written notifications and/or requests to the City relative to any events of
consequence involving the Property.
9. Maintain general liability insurance for the leased Property, with the City named
as additional insured, in an amount acceptable to the City.
10. Maintain appropriate insurance on any of the County's personal property located
within the confines of the leased property.
11. Upon written request, deliver certificates of insurance to the City.
12. Indemnify, defend, and hold the City harmless from any loss or claim arising out
of the County's use of the leased property or resulting from the County's failure to comply with
applicable provisions of this Lease Agreement.
13. County shall comply with all valid laws, ordinances and regulations, whether
state, federal, or local, applicable to the Property and its ownership, use, and operation,
specifically including environmental laws. County will ensure that no waste or hazardous
materials remain on, in, or in the vicinity of the premises and that all waste or hazardous
materials are property transported from the premises and appropriately disposed of.
V.
Prohibitions of the County as Lessee
The County hereby covenants and agrees not to do the following:
1. Use the leased property for purposes other than lawful permitted uses.
2. Create a nuisance, or permit any waste.
3. Interfere with the City's normal business operations, nor interfere with the City's
ownership of the property.
4. Use the leased property in a way that is extrahazardous, that would increase
insurance premiums, or that would void insurance.
5. Change the City's lock system, except as permitted in writing.
6. Allow a lien to be placed on the leased property.
7. Assign this lease or sublet any portion of the leased property without the City's
prior written consent.
3
VI.
Responsibilities of the City as Lessor
The City hereby covenants and agrees to do the following:
1. Lease the property to the County for the lease term on the terms and conditions
enumerated herein.
2. Obey all laws, rules, regulations, and terms of the lease and of the use, condition,
and possession of the property.
3. Adequately insure the property against risks of direct physical loss. The parties
agree that the County shall have no claim to any proceeds of the City's insurance policy.
VII.
Prohibitions of the City as Lessor
The City hereby covenants and agrees not to do the following:
1. Interfere with the County's possession of the property so long as the County is not
in default.
2. Unreasonably withhold consent to a proposed assignment or sublease.
VIII.
Liability and Indemnification
The City shall not be liable or responsible to the County for any loss or damage to any
property or person occasioned by theft, act of God, public enemy, injunction, riot, strike,
insurrection, war, court order, requisition or order of governmental body or authority or any
similar matter. The City shall not be liable to the County, or to the County's agents, servants,
employees, customers or invitees for any suits, claims, demands, losses, liabilities, actions and
costs (including court costs and attorney's fees) arising from (a) any injury to any person or
damage to property caused by any act, omission or neglect of the County, the County's agents,
servants, employees, customers, contractors, or invitees; (b) the County's use of the property or
the conduct of the County's business or profession; (c) any activity, work, or thing done,
permitted or suffered by the County in or about the property; or (d) any breach or default in the
performance of any obligation on the County's part to be performed under the terms of this
Lease Agreement.
IX.
Default
1. Default by the County as Lessee shall be defined as (a) failing to timely pay the
lease rental, or (b) failing to comply, within thirty (30) calendar days of receiving written notice
from the City, with any provision of this Lease Agreement.
4
2. The City's remedies for the County's default are to (a) re -take possession of the
leased property; or (b) enter the leased property and perform the County's obligations; or (c)
terminate this Lease Agreement by giving thirty (30) calendar days written notice.
X.
General and Miscellaneous Clauses
1. Prior Written Agreements. This Lease Agreement is without regard to any and
all prior written contracts or agreements between the County and the City regarding any other
subject or matter, and does not modify, amend, ratify, confirm or renew any such other prior
contract or agreement between the parties.
2. Other Services. Nothing in this Lease Agreement shall be deemed to create, by
implication or otherwise, any duty or responsibility of either of the parties to undertake or not
undertake any other, or to provide or to not provide any service, except as specifically set forth in
this Lease Agreement or in a separate written instrument executed by both parties. Neither the
County nor the City shall be obligated to fund any additional monies other than as stated herein.
3. Governmental Immunity. Nothing in this Lease Agreement shall be deemed to
waive, modify or amend any legal defense available at law or in equity to either of the parties nor
to create any legal rights or claim on behalf of any third party. Neither the County nor the City
waives, modifies, or alters to any extent whatsoever the availability of the defense of
governmental immunity under the laws of the State of Texas and of the United States.
4. Notices. Notices under this Lease Agreement shall be in writing and shall be
addressed to the respective parties as indicated herein. Notice shall be deemed effective when
personally delivered to the recipient's address as stated herein, or three (3) days after being
deposited in the United States mail, with postage prepaid to the recipient's address as stated
herein:
For the County:
John Doerfler, County Judge
Williamson County
301 S.E. Inner Loop, Suite 109
Georgetown, TX 78626
with copy to:
Honorable Jana Duty (or successor)
Williamson County Attorney
405 M.L.K. Street, Box #7
Georgetown, Texas 78626
5
For the City:
City of Round Rock
City Manager's Office
221 East Main Street
Round Rock, TX 78664
with a copy to:
Stephan L. Sheets
City Attorney, City of Round Rock
309 East Main Street
Round Rock, TX 78664
5. Place of Performance. This Lease Agreement shall be interpreted according to
the laws of the State of Texas and shall be performed in Williamson County, Texas, and
exclusive jurisdiction and venue shall lie in Williamson County, Texas.
6. Dispute Resolution. The County and the City hereby expressly agree that no
claims or disputes between the parties arising out of or relating to this Lease Agreement or a
breach thereof shall be decided by any arbitration proceeding, including without limitation, any
proceeding under the Federal Arbitration Act (9 USC Section 1014) or any applicable state
arbitration statute.
7. Amendments and Modifications. This Lease Agreement may not be amended
or modified except in writing executed by both the County and the City, and authorized by their
respective governing bodies.
8. Severability. If any provision of this Lease Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, but rather this entire Lease Agreement will be
construed as if not containing the particular invalid or unenforceable provision or provisions, and
the rights and obligation of the parties shall be construed and enforced in accordance therewith.
The parties acknowledge that if any provision of this Lease Agreement is determined to be
invalid or unenforceable, it is the desire and intention of each that such provision be reformed
and construed in such a manner that it will, to the maximum extent practicable, give effect to the
intent of this Lease Agreement and be deemed to be validated and enforceable.
9. Gender, Number and Headings. Words of any gender used in this Lease
Agreement shall be held and construed to include any other gender, and words in the singular
number shall be held to include the plural, unless the context otherwise requires. The headings
and section numbers are for convenience only and shall not be considered in interpreting or
construing this Lease Agreement.
10. Execution in Multiple Counterparts. This Lease Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of
6
which shall be considered fully executed as of the date hereon, when all parties have executed an
identical counterpart, notwithstanding that all signatures may not appear on the same counterpart.
IN WITNESS WHEREOF, the parties have executed and attested this Lease Agreement
by their officers thereunto duly authorized.
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
Hal C. Hawes, Assistant Williamson
County Attorney
James R. Gilger, CPA
Williamson County Contracts Auditor
WILLIAMSON COUNTY, TEXAS
By:
JOHN DOERFLER, County Judge
Williamson County, Texas
Date Signed:
CITY OF ROUND ROCK, TEXAS
By:
NYLE MAXWELL, Mayor
City of Round Rock, Texas
Date Signed:
7
07/28/2008 14:45 FAX 5122187097
07/14/08 07:20 FAX
hnni7n011
W1L 1 AMSON COUNTY
0,101 acre Lease Tract
Page i of 2
• Exhibit
i LEGAL
DESCRIPTION
FOR A 0.101 ACRE TRACT OF LAND, 9 IN WTLLLA.MS4'N COUNTY,
UATED EsITI-I.E FRANCIS A.
HUDSON SURVEY, ABSTRACT N0. CERTAIN 2.06 ACRES
TEXAS, SAID TRACT BEING A PORTION OF THAT
CONVEYED TO THE CITY OF ROUND ROCK BY DEED RECORDED IN
VOLUME 1466, PAGE 'T'Y623, OFFICIAL BE/NG MORE RpAg�SOF ��RLY DB SON
CR1BfiU BY
COUNTY, TEXAS, AND
METES AND BOUNDS AS FOLLOWS.
BEGINNING FOR REFERENCE at a K" iron rod fou.od for the most southerly
southeast corn-er of said 2,06 acre tract, said point being on the nth line of that
ment as
ed to the city
called 0.162 acreb right-of-way
recordedin Volume utility public 96Page 775 f the Deed Records
of Round Rock by
of said county;
THENCE, leaving the south lint of said 0.162 acre tract, crossing said 0.162 acre
tract, with the east line of said 2,06 acre tract, N 1r 53' 59" W.a distance of
24.92 feet to a '4" iron rod set for the southeast corner, and POINT OF
BEGINNING hereof, said point being on the north line of said 0.162 acre tract;
THENCE crossing said 2.06 acre tract, with the north line of said 0,162 acre tract
and the south lino hereof, S 71D 05' 07" W a distance of 50.11 feet to a 'h" iron
rod found on the west lint of said 2,06 acre tract and on the east line of a 0.23
acre tract conveyed to the city of Round Rook for
y deed
the recorded in r ofs54 ,
Page 122, of the Deed Records of said county,
0.162 acre tract and the southwest corner hereof;
TEENCE with the east line of said 0.23 acro tract, the west line of said 2.06 acre
tract; and the west line hereof, N 18° 53' 59" W at a distance of 75.09 feet to a
'A" iron rod set for an interior ell corner of said 2,06 acre tract, and the northwest
corner hereof;
THENCE crossing said 2.06 acre tract, with the north lino hereof,
N 44° 46' 48" E, a distance °gid bs n ertlicast corner hereorod f, an interior ell
corner of said 2.06 acre
EXHIBIT
Cj 020/022
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07/26/2006 14:45 FAX 5122187097
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WILLIAMSON COUNTY
0.101 acre Lease TinCt
Page 2 of 2
Exhibit
+ LEGAL
THENCE with the east line of said2.06 acre tract and the cast lira hereo, and
of
S 18° 53' 59" E, a distance feat
t to.the POINT OF BEGINNING
containing 0.101 acres .and x9.87
oBASIS OF BEARINGS IS THE SOUTH LINE OF SAID 2.06 ACRE TRACT.
WHICH BEARS S 7110119" W.
THE STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WU LIAMSON }
That I. Lawrence A. Hunt, a Registered Professional Land Surveyor, do
hereby certify that the above description is true and correct to tho best of my
knowledge and belief and that the property described herein was determined by a
survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL, at Round Rock, Williamson County, Texas
this the 23rd day of May, 2001 A.D.
BAKER-AICKLEN & ASSOC., IN
203 E. Main Street, Suite 201
Round Rock, Texas 78664
0021/022
Z o03
W pRoJECTsvint.co91iNDoClwu co -1 aAss.poC
wret1 C A. Hunt
Registered Professional Land Surveyor
No. 4328 — State of Texas
QI0/00 QdIR LOU RTZ ZT9 6 IVA 01:9T d11L 900Z/0Z/90
01/28/2008 14:45 FAX 5122187097 4 LEGAL
07/14/06 07:20 FAY _
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BEGINNING FOR REFERENCE
A
V
— CITY OF ROUND ROCK
25' WIDE R.o,W. AND P.U.E.
VOL, 936, PAGE 775
0.162 AC
wr no. A. Hunt R.P.LS. 1432:. , 432A
203 E. M41n St., St. 203 �Otietda�O,i
Round Rock. TX 76864
OUR
EXHIBIT 'A'
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WAPROJCGr6ONWC090NOWG\W6E.OWa PRAWN 9Y. C.C.W.
PROJECT NO. U85-701-20
aro/Id[MQV MX L9Zf RTZ ZTS 6 rid 61:9r 944Z/aZ/90
DATE: September 6, 2006
SUB3ECT: City Council Meeting - September 14, 2006
ITEM: 11.6.1. Consider a resolution approving a site Lease Agreement with Williamson
County regarding the use of City property for an emergency
communications radio tower site.
Department: Administration
Staff Person: David Kautz, Assistant City Manager/CFO
]ustification:
Williamson County proposes the continued use of City property for the maintenance and operation
of a countywide communications system site. The 0.101 acre of land is located at 1058 CR 116.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Williamson County
Background Information:
This site is a tower site for a proposed countywide digital radio system upgrade project.
Public Comment: None
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
LEASE AGREEMENT
THIS L ASE • GREEMENT is made to be effective on the / 47 day of the month of
, 2006, by and between the CITY OF ROUND ROCK, TEXAS
(hereinafter referred to as the "City"), and WILLIAMSON COUNTY, TEXAS (hereinafter
referred to as the "County").
For and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed by and between the parties as follows:
I.
Agreement to Lease
Subject to and upon the terms and conditions herein set forth, and each in consideration
of the duties, covenants and obligations of the other hereunder, the City hereby leases to the
County, and the County hereby leases from the City, the below -described tract of land (the
"Property"):
A 0.101 acre tract of land, situated in the Francis A. Hudson Survey, Abstract No.
295, in Williamson County, Texas, said tract being a portion of that certain 2.06
acres conveyed to the City of Round Rock by deed recorded in Volume 1466,
Page 623, Official Records of Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit "A".
The Property shall be used by the County solely for purposes related to the
operation of a public safety Radio Communications System, ("RCS").
II.
Term
The initial term of the Lease Agreement shall begin on the effective date hereof, and shall
extend for a period of five (5) years from such date. This Lease Agreement may be extended
only upon the express written agreement of the parties. In the event that the County ceases to use
the Property solely for purposes related to the operation of the RCS, the City may elect to
terminate this Lease Agreement.
III.
Consideration
Consideration for this Lease Agreement shall be the mutual interests of the parties in the
use of the Property for constructing improvements related to the RCS and the sum of One and
104192 �/(
X' -Ole-04-�'.7 -1181
No/100 Dollar ($1.00) per year. Additionally, the County agrees to maintain the Property in a
manner which is consistent with the requirements of any other governmental agency having
jurisdiction over the Property.
County acknowledges that the City is leasing the Property to the County for less than fair
market value. In the event that the County enters into a lease agreement for RCS facilities with
another municipality for a consideration in excess of the amount herein, then the City shall have
the option of requesting the County to renegotiate the consideration provided for herein. If the
City and County are not able to agree on an amount, then the City shall have the option to
terminate this Lease Agreement.
IV.
Responsibilities of the County as Lessee
The County hereby covenants and agrees to do the following:
1. Lease the Property from the City for the lease term on the terms and conditions
enumerated herein.
2. Accept the Property in its present condition, the Property being suitable "as is" for
its intended use.
3. Timely pay the lease rent each year to the City at its offices in Round Rock,
Texas, or elsewhere as the City may from time to time designate in writing.
4. Maintain the Property appropriately, keeping it clean, mowed, and free of trash
and debris. The City hereby agrees that the County shall have the right to trim, cut, fell and
remove trees, underbrush and vegetation, and shall have the right to remove obstructions,
structures or obstacles on the Property, limited to only that which is necessary to carry out the
purposes of this Lease Agreement. The County hereby agrees that it shall be solely responsible
for the erection, maintenance, demolition, removal or relocation of any fencing located on the
Property. The County hereby agrees that is shall be solely responsible for providing all
necessary maintenance to the County's equipment and improvements located on the Property.
5. Obey all laws, rules, regulations, and terms of this Lease Agreement and of the
use, condition, and possession of the Property, including rules and regulations adopted by the
City from time to time. The County hereby agrees that all additions, extensions, alterations,
improvements, repairs and restoration to and of said Property or any improvements thereon, now
or hereafter made by the County, and the plans, construction, and workmanship therefore, shall
be in accordance with the laws, ordinances, and building rules and regulations applicable thereto.
6. Vacate the Property upon termination of this Lease Agreement, and surrender all
access to the Property.
7. Allow the City to enter the premises to perform the City's obligations, or to
reasonably inspect the Property.
2
8. Submit written notifications and/or requests to the City relative to any events of
consequence involving the Property.
9. Maintain general liability insurance for the leased Property, with the City named
as additional insured, in an amount acceptable to the City.
10. Maintain appropriate insurance on any of the County's personal property located
within the confines of the leased property.
11. Upon written request, deliver certificates of insurance to the City.
12. Indemnify, defend, and hold the City harmless from any loss or claim arising out
of the County's use of the leased property or resulting from the County's failure to comply with
applicable provisions of this Lease Agreement.
13. County shall comply with all valid laws, ordinances and regulations, whether
state, federal, or local, applicable to the Property and its ownership, use, and operation,
specifically including environmental laws. County will ensure that no waste or hazardous
materials remain on, in, or in the vicinity of the premises and that all waste or hazardous
materials are property transported from the premises and appropriately disposed of.
V.
Prohibitions of the County as Lessee
The County hereby covenants and agrees not to do the following:
1. Use the leased property for purposes other than lawful permitted uses.
2. Create a nuisance, or permit any waste.
3. Interfere with the City's normal business operations, nor interfere with the City's
ownership of the property.
4. Use the leased property in a way that is extrahazardous, that would increase
insurance premiums, or that would void insurance.
5. Change the City's lock system, except as permitted in writing.
6. Allow a lien to be placed on the leased property.
7. Assign this lease or sublet any portion of the leased property without the City's
prior written consent.
3
VI.
Responsibilities of the City as Lessor
The City hereby covenants and agrees to do the following:
1. Lease the property to the County for the lease term on the terms and conditions
enumerated herein.
2. Obey all laws, rules, regulations, and terms of the lease and of the use, condition,
and possession of the property.
3. Adequately insure the property against risks of direct physical loss. The parties
agree that the County shall have no claim to any proceeds of the City's insurance policy.
VII.
Prohibitions of the City as Lessor
The City hereby covenants and agrees not to do the following:
1. Interfere with the County's possession of the property so long as the County is not
in default.
2. Unreasonably withhold consent to a proposed assignment or sublease.
VIII.
Liability and Indemnification
The City shall not be liable or responsible to the County for any loss or damage to any
property or person occasioned by theft, act of God, public enemy, injunction, riot, strike,
insurrection, war, court order, requisition or order of governmental body or authority or any
similar matter. The City shall not be liable to the County, or to the County's agents, servants,
employees, customers or invitees for any suits, claims, demands, losses, liabilities, actions and
costs (including court costs and attorney's fees) arising from (a) any injury to any person or
damage to property caused by any act, omission or neglect of the County, the County's agents,
servants, employees, customers, contractors, or invitees; (b) the County's use of the property or
the conduct of the County's business or profession; (c) any activity, work, or thing done,
permitted or suffered by the County in or about the property; or (d) any breach or default in the
performance of any obligation on the County's part to be performed under the terms of this
Lease Agreement.
IX.
Default
1. Default by the County as Lessee shall be defined as (a) failing to timely pay the
lease rental, or (b) failing to comply, within thirty (30) calendar days of receiving written notice
from the City, with any provision of this Lease Agreement.
4
2. The City's remedies for the County's default are to (a) re -take possession of the
leased property; or (b) enter the leased property and perform the County's obligations; or (c)
terminate this Lease Agreement by giving thirty (30) calendar days written notice.
X.
General and Miscellaneous Clauses
1. Prior Written Agreements. This Lease Agreement is without regard to any and
all prior written contracts or agreements between the County and the City regarding any other
subject or matter, and does not modify, amend, ratify, confirm or renew any such other prior
contract or agreement between the parties.
2. Other Services. Nothing in this Lease Agreement shall be deemed to create, by
implication or otherwise, any duty or responsibility of either of the parties to undertake or not
undertake any other, or to provide or to not provide any service, except as specifically set forth in
this Lease Agreement or in a separate written instrument executed by both parties. Neither the
County nor the City shall be obligated to fund any additional monies other than as stated herein.
3. Governmental Immunity. Nothing in this Lease Agreement shall be deemed to
waive, modify or amend any legal defense available at law or in equity to either of the parties nor
to create any legal rights or claim on behalf of any third party. Neither the County nor the City
waives, modifies, or alters to any extent whatsoever the availability of the defense of
governmental immunity under the laws of the State of Texas and of the United States.
4. Notices. Notices under this Lease Agreement shall be in writing and shall be
addressed to the respective parties as indicated herein. Notice shall be deemed effective when
personally delivered to the recipient's address as stated herein, or three (3) days after being
deposited in the United States mail, with postage prepaid to the recipient's address as stated
herein:
For the County:
John Doerfler, County Judge
Williamson County
301 S.E. Inner Loop, Suite 109
Georgetown, TX 78626
with copy to:
Honorable Jana Duty (or successor)
Williamson County Attorney
405 M.L.K. Street, Box #7
Georgetown, Texas 78626
5
which shall be considered fully executed as of the date hereon, when all parties have executed an
identical counterpart, notwithstanding that all signatures may not appear on the same counterpart.
IN WITNESS WHEREOF, the parties have executed and attested this Lease Agreement
by their officers thereunto duly authorized.
WILLIAMSON COUNTY, TEXAS
By:
JOHN DOERFLE, County Judge
Williamson Count , Texas
Date Signed: l C - (" L
CITY OF NI U i ; 0 .. .
°2
'�`r� ► t; WELL, Mayor
ity of Round ock, Texas
Date Signed: .. J4 -Q40
By:
Christine R. Martinez, City Secretary
Hal C. Hawes, Assistant Williamson
County Attorney
J(an es R. Gilger, CPA
Williamson County Contracts Auditor
7
For the City:
City of Round Rock
City Manager's Office
221 East Main Street
Round Rock, TX 78664
with a copy to:
Stephan L. Sheets
City Attorney, City of Round Rock
309 East Main Street
Round Rock, TX 78664
5. Place of Performance. This Lease Agreement shall be interpreted according to
the laws of the State of Texas and shall be performed in Williamson County, Texas, and
exclusive jurisdiction and venue shall lie in Williamson County, Texas.
6. Dispute Resolution. The County and the City hereby expressly agree that no
claims or disputes between the parties arising out of or relating to this Lease Agreement or a
breach thereof shall be decided by any arbitration proceeding, including without limitation, any
proceeding under the Federal Arbitration Act (9 USC Section 1014) or any applicable state
arbitration statute.
7. Amendments and Modifications. This Lease Agreement may not be amended
or modified except in writing executed by both the County and the City, and authorized by their
respective governing bodies.
8. Severability. If any provision of this Lease Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, but rather this entire Lease Agreement will be
construed as if not containing the particular invalid or unenforceable provision or provisions, and
the rights and obligation of the parties shall be construed and enforced in accordance therewith.
The parties acknowledge that if any provision of this Lease Agreement is determined to be
invalid or unenforceable, it is the desire and intention of each that such provision be reformed
and construed in such a manner that it will, to the maximum extent practicable, give effect to the
intent of this Lease Agreement and be deemed to be validated and enforceable.
9. Gender, Number and Headings. Words of any gender used in this Lease
Agreement shall be held and construed to include any other gender, and words in the singular
number shall be held to include the plural, unless the context otherwise requires. The headings
and section numbers are for convenience only and shall not be considered in interpreting or
construing this Lease Agreement.
10. Execution in Multiple Counterparts. This Lease Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of
6
07/26/2006 14:45 FAX 5122187097
07/14/06 07:20 FAX
hnR/7(1111`131
WIL.LIAMSON COUNTY
0.101 acre Lease Tract
Page 1 of 2
• Exhibit
i LEGAL
DESCRIPTION
FOR A 0.101 ACRE TiLA.CT OF LAND, SITUATED IN THE FRANCIS A.
5 IN WTI-LLA1Vz34N COUNTY, SURVEY, ABSTRACT NO. 29 .
TEXAS, SAID TRACT BEING A PORTION OF THAT CERTAIN 2.06 ACRES
CONVEYED TO THE CITY OF ROUND ROCK BY DEED RECORDED TN
VOLUME 1466, PAGE I��S�BS
ON
COUNTY, TEXAS, �pBENGMO �Y DESCRIBED BY
METES AND BOUNDS AS FOLLOWS,
BEGGING FOR REFERENCE at a'/2 iron rod found for the Inst southerly
southeast corner of said 2,06 acre tract, said point being on the south line of that
called 0.162 acre right-of-way and public utility easementon Deed ed to
the cit
ty
of Round Rock by deed recorded in Volume 963, Page 775 f
thof said county;
THENCE, leaving the south line of said 0.162 acre tract, crossing said 0.162 acre
tract, with the east line of said 2.06 acre traot, N 18° 53' 59" W.a distance of
24.92 feet to a'//" iron rod set for the southeast corner, and POINT OF
BEGINNING hereof, said point being on the north line of said 0.162 acre tract;
THENCE crossing said 2.06 acre tract, with the north line of said 0,162 acre tract
and the south line hereof; S 71D 05' 07" W a distance of 50.11 feet to a 'V" iron
rod found on the west line of said 2.06 acre tract and on the east line of a 0.23
acre tract conveyed to the city of 1.ourtd Rook bfor
deedrecorded
co d d in corner Volume said .
Page 122, of the Deed Records of said county,
0.162 acre tract and the southwest corner hereof;
TEENCE with the east line of said 0.23 acre tract, the west line of said 2.06 acre
tract; and the west line hereof, N 18° 53' 59" W at a distance of 75.09 feet to a
Y2" iron rod set for an interior ell corner of said 2,06 acre tract, and the northwest
corner hereof;
THENCE crossing said 106 acre tract, with the north Line hereof,
N 44° 46''x" E, a ire �accof
and the northcoaast corne�hcree found rod � interior ell
corner of said 2.06
EXHIBIT
a020/022
U002
QI0/11I0 Qd2IB L9Z£ 9TZ ZTS 6 IVJ OII9T au 900Z/OZ/90
07/26/2006 14:45 FAX 5122187097
07/14/06 07:20 FAX
WILLIAMSON COUNTY
0.101 acre Lease Tract
Page 2 of 2
Exhibit
4 LEGAL
•
THENCE the east line of sai 7 feet to the cre Pct and the cast Ulla hereof,
OINT OF BEGINNING and
S 18' 53' 59" E, a distance of 99.8
containing 0,101 acres of land more or less.
BASIS OF BEARINGS IS THE SOUTH LINE OF SAID 2.06 ACRE TRACT.
WEICH BEARS S 71°10`19" W.
THE STATS OF TEXAS } KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That I, Lawrence A. Hunt, a Registered Professional Land Surveyor, do
herebythat the above description is � and Correct to the beat of my
knowledge
certify aj► described herein was determined by a
knowledge and belief and that the P��'on and supervision.
survey trade on the ground under my direr
WETNESS MY HAND ANSEAL, at Round Rock, Williamson County, Texas
A1
this the 23rd day of May, A.D.
}
BAKER-AICKLEN & ASSOC.,
203 E. Main Street, Suite 201
Round Rock, Texas 78664
zrtc. , 1-
wren= A.. Hunt
Registered Professional Land Surveyor
No, 4328 — State of Texas
W:\ ?KU ECM\WLI C0911\DOC1W-i.iitAss.iooC
Z021/022
0003
QIa/l1IWQf (Ids LOU RTZ ZT9 6 IVd 01:9i HIL 90OZ/4Z/90
LEGAL
07/26/2006 14:45 FAX 5122187097
07/14/06 07:20 FAX
Z 022/022
0004
SKETCH TO ACCOMPANY FIELD NOTES
(N 71°00'00" E
5 71°0645'
ti
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0055
99.81'
E, TRACT 2
TRACT 2 c!.
CITY OF ROUND ROCK 2 2
VOL. 547 PAGE 122 w
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(5 71400'00' W 100.00')
AS 71'06'15' W •
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BEGINNING EOR REFERENCE
•-- CITY OF ROVNO RocK
25' WIDE R.0,W. AND P.U.E.
VOL, 936,PAGE 776
0.162 AC
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