R-07-03-08-12C2 - 3/8/2007 RESOLUTION NO. R-07-03-08-12C2
WHEREAS, YMCA of Greater Williamson County ("YMCA") is in the
process of developing a year round indoor pool recreation facility
("Facility") , and
WHEREAS, the City of Round Rock ("City") has identified a need
for a facility to provide year-round indoor competitive aquatics; and
WHEREAS, the City and YMCA wish to enter into a Memorandum of
Understanding outlining the duties and responsibilities of each party
regarding the Facility, 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 Memorandum of Understanding with the YMCA of
Greater Williamson County, a copy of same being attached hereto as
Exhibit "A" and incorporated herein.
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 8th day of March, 20
!:;v
W LL, Mayor
City of Round Rock, Texas
A ST t(�
C�.V. SCJ
CHRISTINE R. MARTINEZ, City Se retary
0:\wdox\RESOLUTI\R70308C2.WPD/xmc
CAHIBIT 91
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made by and between the City of Round
Rock, Texas("CITY) and the YMCA of Greater Williamson County("YMCA").
RECITALS
WHEREAS,the YMCA is the owner of a certain parcel of real property located at 1812 N.
Mays Street in Round Rock, Williamson County, Texas; and
WHEREAS,the YMCA is in the process of developing a year round indoor pool recreation
facility(hereinafter"Facility"); and
WHEREAS,the YMCA has a proven history of pool operations both in the United States of
America and locally; and
WHEREAS,the YMCA has committed$3,500,000.00 to$4,000,000.00 million(dependent
on final scope of the project)to the construction of the facility; and
WHEREAS,it is in the best interest of the community that such facility be of a size to serve
the greatest number of citizens; and
WHEREAS, CITY has identified a need for a facility to provide year-round indoor
competitive aquatics, which will require an 8 lane X 25 yard pool; boys and girls locker rooms;
separate entrance and spectator seating; and
WHEREAS, CITY has identified a need to provide a facility for scheduled events, open
community swim times, lessons and classes, and group rentals; and
WHEREAS,CITY has identified a need for a facility to hold community events at no cost to
the City; and
WHEREAS,the YMCA has presented a plan to the City whereby in exchange for financial
participation by the City in the amount of$2,000,000 the proposed Facility could be expanded to
better serve the Round Rock Community; and
WHEREAS,funding of the$2,000,000.00 will be required during the construction phase of
the Facility; and
WHEREAS, the YMCA proposes to complete construction and open the Facility no later
than April 30, 2008; and
WHEREAS,the YMCA will develop a budget for a total construction cost of$5,500,000.00
to $6,000,000.00(depending on the final scope of the Facility)showing the YMCA contribution of
1
$3,500,000.00 to $4,000,000.00 (depending on the final scope of the project) and the CITY
contribution of$2,000,000.00.
WHEREAS, in order to facilitate the expeditious development of the Facility, the parties
desire to outline their respective duties and responsibilities in this MOU; and
WHEREAS,the parties recognize that future agreements formalizing the terms set out in this
MOU must be drafted and approved by the respective boards,councils and commissions representing
the parties; and
WHEREAS, the parties acknowledge that the terms and conditions listed herein are not
legally binding against any party,but merely serve as an outline of the duties and responsibilities of
each party,
NOW THEREFORE, CITY, and YMCA agree to work cooperatively and in good faith to
future agreements and to develop the Facility in the manner set forth herein.
ARTICLE I
GENERAL SCOPE OF FACILITY
1.01 The Facility shall include:
a) an eight lane, 25 yard competitive pool,
b) recreation fun pool,
c) adequate parking, and
d) etc, etc.
ARTICLE II
YMCA DUTIES AND RESPONSIBILITIES
2.01 YMCA will provide a project scope,design and construction budget for the Facility.
The YMCA understands that because of the CITY's contribution ofpublic funds that the contract for
the construction of the Facility must be awarded in accordance with State and local laws. If the
project is not bid,the YMCA and the CITY agree to jointly determine the alternate delivery method
in accordance with State law.
ARTICLE III
MANAGEMENT AGREEMENT
3.01 YMCA and CITY will negotiate in good faith to develop a Management Agreement
that will at a minimum provide for the following:
a) the YMCA shall be responsible for the day-to-day operation and maintenance
of the Facility and that the CITY shall have no responsibility for the operation and
maintenance nor shall the City have any financial responsibility for any expense or
costs of the operation and maintenance of the Facility,
2
b) an annual calendar will be developed by the YMCA with input from the
CITY
c) a joint use agreement reflecting the joint use of the Facility,
d) YMCA will control physical access to the Facility at all times,
e) Community access and use will be the top priority of the Facility which
would include accommodating local competitive swim teams.
f) Residents of the City shall have the same access to the Facility that YMCA
members have,
g) At a minimum,residents of the City shall have access to the aquatic activities
scheduled at the pool at least eight hours per day between the hours of 8:00 a.m. and
8:00 p.m.,
h) The day use fees and rates charged to residents of the City for access to the
Facility„ shall be no more than the fees and rates charged by the City for its similar
facilities
i) CITY shall have exclusive use of the Facility for community events not less
than 10 days per year, and the CITY shall be responsible for the direct costs
associated with such use,
j) The term of the Management Agreement shall be no less than 40 years,
k) In the event that for any reason the YMCA fails to make the Facility available
to the residents of the City for at least 20 years,the YMCA shall refund to the CITY a
portion of the City's contribution based upon an amortization schedule,the specific
terms of which will be included in a future written agreement.
IV
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the expeditious construction of the Facility,
and is not intended to legally bind the parties to the terms and conditions stated herein.The parties,
however,agree that the terms and conditions stated herein are reasonable and provide an outline for
future actions by the boards, councils and commissions of the parties.
Executed and effective this day of March,2007
3
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
YMCA OF GREATER WILLIAMSON
COUY
By:
Printe
Title: �1
4
DATE: March 1, 2007
SUBJECT: City Council Meeting - March 8, 2007
ITEM: 12.C.2. Consider a resolution authorizing the Mayor to execute a
Memorandum of Understanding between the City of Round Rock
and the YMCA of Greater Williamson County regarding a
competitive pool.
Department: Administration
Staff Person: Jim Nuse, City Manager
.justification:
This MOU will acknowledge each parties respective duties and responsibilities in order to
facilitate the completion of this project.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Backaround Information:
The YMCA has requested two million dollars from City to expand the planned facility. The
funds will be required during the construction phase of this project and the YMCA proposes
to complete construction and open the Facility no later than April 30, 2008.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made by and between the City of Round
Rock, Texas ("CITY) and the YMCA of Greater Williamson County("YMCA").
RECITALS
WHEREAS,the YMCA is the owner of a certain parcel of real property located at 1812 N.
Mays Street in Round Rock, Williamson County, Texas; and
WHEREAS,the YMCA is in the process of developing a year round indoor pool recreation
facility(hereinafter"Facility"); and
WHEREAS,the YMCA has a proven history of pool operations both in the United States of
America and locally; and
WHEREAS,the YMCA has committed$3,500,000.00 to$4,000,000.00 million(dependent
on final scope of the project) to the construction of the facility; and
WHEREAS,it is in the best interest of the community that such facility be of a size to serve
the greatest number of citizens; and
WHEREAS, CITY has identified a need for a facility to provide year-round indoor
competitive aquatics, which will require an 8 lane X 25 yard pool; boys and girls locker rooms;
separate entrance and spectator seating; and
WHEREAS, CITY has identified a need to provide a facility for scheduled events, open
community swim times, lessons and classes, and group rentals; and
WHEREAS,CITY has identified a need for a facility to hold community events at no cost to
the City; and
WHEREAS,the YMCA has presented a plan to the City whereby in exchange for financial
participation by the City in the amount of$2,000,000 the proposed Facility could be expanded to
better serve the Round Rock Community; and
WHEREAS,funding of the$2,000,000.00 will be required during the construction phase of
the Facility; and
WHEREAS, the YMCA proposes to complete construction and open the Facility no later
than April 30, 2008; and
WHEREAS,the YMCA will develop a budget for a total construction cost of$5,500,000.00
to$6,000,000.00(depending on the final scope of the Facility)showing the YMCA contribution of
R -07-03 O'-1,9cZ
$3,500,000.00 to $4,000,000.00 (depending on the final scope of the project) and the CITY
contribution of$2,000,000.00.
WHEREAS, in order to facilitate the expeditious development of the Facility, the parties
desire to outline their respective duties and responsibilities in this MOU; and
WHEREAS,the parties recognize that future agreements formalizing the terms set out in this
MOU must be drafted and approved by the respective boards,councils and commissions representing
the parties; and
WHEREAS, the parties acknowledge that the terms and conditions listed herein are not
legally binding against any party,but merely serve as an outline of the duties and responsibilities of
each party,
NOW THEREFORE, CITY,and YMCA agree to work cooperatively and in good faith to
future agreements and to develop the Facility in the manner set forth herein.
ARTICLE I
GENERAL SCOPE OF FACILITY
1.01 The Facility shall include:
a) an eight lane, 25 yard competitive pool,
b) recreation fun pool,
C) adequate parking, and
d) etc, etc.
ARTICLE II
YMCA DUTIES AND RESPONSIBILITIES
2.01 YMCA will provide a project scope,design and construction budget for the Facility.
The YMCA understands that because of the CITY's contribution of public funds that the contract for
the construction of the Facility must be awarded in accordance with State and local laws. If the
project is not bid,the YMCA and the CITY agree to jointly determine the alternate delivery method
in accordance with State law.
ARTICLE III
MANAGEMENT AGREEMENT
3.01 YMCA and CITY will negotiate in good faith to develop a Management Agreement
that will at a minimum provide for the following:
a) the YMCA shall be responsible for the day-to-day operation and maintenance
of the Facility and that the CITY shall have no responsibility for the operation and
maintenance nor shall the City have any financial responsibility for any expense or
costs of the operation and maintenance of the Facility,
2
b) an annual calendar will be developed by the YMCA with input from the
CITY
C) a joint use agreement reflecting the joint use of the Facility,
d) YMCA will control physical access to the Facility at all times,
e) Community access and use will be the top priority of the Facility which
would include accommodating local competitive swim teams.
f) Residents of the City shall have the same access to the Facility that YMCA
members have,
g) At a minimum,residents of the City shall have access to the aquatic activities
scheduled at the pool at least eight hours per day between the hours of 8:00 a.m. and
8:00 p.m.,
h) The day use fees and rates charged to residents of the City for access to the
Facility„ shall be no more than the fees and rates charged by the City for its similar
facilities
i) CITY shall have exclusive use of the Facility for community events not less
than 10 days per year, and the CITY shall be responsible for the direct costs
associated with such use,
j) The term of the Management Agreement shall be no less than 40 years,
k) In the event that for any reason the YMCA fails to make the Facility available
to the residents of the City for at least 20 years,the YMCA shall refund to the CITY a
portion of the City's contribution based upon an amortization schedule,the specific
terms of which will be included in a future written agreement.
IV
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the expeditious construction of the Facility,
and is not intended to legally bind the parties to the terms and conditions stated herein. The parties,
however,agree that the terms and conditions stated herein are reasonable and provide an outline for
future actions by the boards, councils and commissions of the parties.
Executed and effective this. day of March, 2007
3
CITY Aaxwell,
=Mayor S
By:
YMCA OF GREATER WILLIAMSON
COU Y
By:
Printe ��W7
Title: "3n"
4