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2010R60-Letter Agreement with SCUC ISD-Drinking FountionRESOLUTION NO. 10-R-60 A RESOLUTION SY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LETTER AGREEMENT WITH SCHERTZ-CISOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a Letter Agreement with Schertz-Cibolo-Universal City Independent School District ("SCUCISD") relating to the installation of a new drinking fountain on SCUCISD property adjacent to a City walking path; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with SCUCISD pursuant to the Letter Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with SCUCISD in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place,- and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Resolution 10-R-60.doc PASSED AND ADOPTED, this 28th day of September, 2010. CITY OF SC RTZ, T S Mayor ATTEST: City Secretary (CITY SEAL) Resolution 10-R-60.doc EXHIBIT A LETTER AGREEMENT Resolution 10-R-60.doc A-1 City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 September 29, 2010 Schertz-Cibolo-Universal City ISD Greg Gibson, Ed.D. Superintendent of Schools 1060 Elbel Road Schertz, Texas 78154 Re: Installation of New Drinking Fountain on Schertz-Cibolo-Universal City ISD Property Dear Dr. Gibson: This letter agreement (this "Letter Agreement") is between the City of Schertz, Texas (the "City") and Schertz-Cibolo-Universal City Independent School District ("SCUCISD") with respect to the installation of one (1) new drinking fountain by the City on SCUCISD property (the "Pro ert ") located adjacent to a City walking path. A. Background. The City desires to install one (1) new drinking fountain on the Property located adjacent to a City walking path. SCUCISD is in agreement with such proposal. B. Agreements. For and in consideration of the covenants and agreements set forth in this Letter Agreement and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged and agreed, the City and SCUCISD agree as follows: The City, at the City's sole cost and expense, (i) shall pour a concrete slab, not to exceed one hundred (100) square feet in area on the Property and abutting the City walking path, and (ii) shall install one (1) new drinking fountain on the slab. The Director of Parks and Recreational and Community Services of the City and the Superintendent of SCUCISD, or his designee, shall mutually agree on the specific location of the slab and the drinking fountain. 2. The City, at its sole cost and expense, shall connect the drain line of the new drinking fountain to the City's sewer system. 3. SCUCISD, at its sole cost and expense, shall connect a potable water line to the drinking fountain. 4. The City shall be responsible for the ongoing maintenance of the slab and the drinking fountain. City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 September 29, 2010 Schertz-Cibolo-Universal City ISD Greg Gibson, Ed.D. Superintendent of Schools 1060 Elbel Road Schertz, Texas 78154 Re: Installation of New Drinking Fountain on Schertz-Cibolo-Universal City ISD Property Dear Dr. Gibson: This letter agreement (this "Letter Agreement") is between the City of Schertz, Texas (the "City") and Schertz-Cibolo-Universal City Independent School District ("SCUCISD") with respect to the installation of one (1) new drinking fountain by the City on SCUCISD property (the "Property") located adjacent to a City walking path. A. Back rg ound. The City desires to install one (1) new drinking fountain on the Property located adjacent to a City walking path. SCUCISD is in agreement with such proposal. B. Agreements. For and in consideration of the covenants and agreements set forth in this Letter Agreement and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged and agreed, the City and SCUCISD agree as follows: The City, at the City's sole cost and expense, (i) shall pour a concrete slab, not to exceed one hundred (100) square feet in area on the Property and abutting the City walking path, (ii) shall install one (1) new drinking fountain on the slab, and (iii) shall install one (1) fixed six (6) foot bench on the slab. The Director of Parks and Recreational and Community Services of the City and the Superintendent of SCUCISD, or his designee, shall mutually agree on the specific locations of the slab, the bench, and the drinking fountain. 2. The City, at its sole cost and expense, shall connect the drain line of the new drinking fountain to the City's sewer system. 3. SCUCISD, at its sole cost and expense, shall connect a potable water line to the drinking fountain. 4. The City shall be responsible for the ongoing maintenance of the slab, the bench, and the drinking fountain. C. SCUCISD Agreement. The terms and obligations set forth in this Letter Agreement shall be accepted by the SCUCISD by delivery of an executed original of this Letter Agreement to the City Manager of the City. D. General Matters. 1. This Letter Agreement shall be governed by Texas law. 2. This Letter Agreement may be executed in counterparts by all parties hereto and such counterparts, taken together, shall be deemed to be one instrument. 3. Time is of the essence in the performance of this Letter Agreement. CITY OF SCHERTZ, TEXAS Agreed: By: Assistant City Manager SCHERTZ-CISOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT n By: G ibson, Ed.D. Superintendant of Schools 50338992.2 2 RESOLUTION NO. 10-R-60 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LETTER AGREEMENT WITH SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a Letter Agreement with Schertz-Cibolo-Universal City Independent School District ("SCUCISD") relating to the installation of a new drinking fountain on SCUCISD property adjacent to a City walking path; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with SCUCISD pursuant to the Letter Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with SCUCISD in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and' findings of the City Council. ~-- Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place; and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Resolution 10-R-60.doc PASSED AND ADOPTED, this 28th day of September, 2010. ATTEST: City Secretary (CITY SEAL) Resolution 10-R-60.doc EXHIBIT A LETTER AGREEMENT Resolution 10-R-60.doc A-1