R-07-12-20-9F1 - 12/20/2007 RESOLUTION NO. R-07-12-20-9F 1
WHEREAS, the City of Round Rock has previously entered into a
Developer Participation Agreement ( "Agreement" ) with Canteberry
Development Ltd. for public improvements related to the Eagle Ridge
Subdivision Development, and
WHEREAS, the City Council now wishes to enter into an
Amendment to the Agreement to modify certain terms and conditions,
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, First Amendment to Developer Participation
Agreement with Canteberry Development Ltd. , a copy 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 20th day of December, 2007 .
NYLE LL, eck,
r
City of Round Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\RESOLUTI\R71220F1.WPD/rmc
EXHIBIT
"All Tll
First Amendment to Developer Participation Agreement
This First Amendment to Developer Participation Agreement(the "First Amendment") is entered
into between the City of Round Rock, Texas (the "City") and Canteberry Development Ltd. (the
"Developer").
Background
• The City and the Developer entered into "Developer Participation Agreement" on
September 14, 2006 (the "Agreement") for public improvements related to the
Eagle Ridge Subdivision Development and for the City to participate in their cost
pursuant to § 212.071 et seq. of the Texas Local Government Code.
• The City and the Developer desire to amend the Agreement to modify certain
terms and conditions contained therein.
In consideration of the: mutual covenants contained in this First Amendment, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Agreement between the City and the Developer is hereby amended as follows.
Amendments to Agreement
1. The fourth sentence of Paragraph 9 of the Agreement is amended in its entirety to read as
follows:
Upon Completion of the Project and acceptance thereof by the City, the City will
pay to the Developer, as provided below, an amount equal to thirty percent (30%)
of the original contract price plus any approved change orders for construction of
the Project, or One Hundred Twenty Thousand and No/100 Dollars
($120,000.00), whichever is less.
2. Paragraph 11 of the Agreement is amended in its entirety to read as follows:
The maximum amount of reimbursement to the Developer by the City will be
thirty percent (30%) of the Project cost, or One Hundred Twenty Thousand and
No/100 Dollars ($120,000.00), whichever is less.
3. Paragraph 17 of the Agreement is amended in its entirety to read as follows:
This Agreement will inure only to the benefit of the parties hereto. No other
person or entity will be considered as a beneficiary of this Agreement.
4. Paragraph 17a is added to the Agreement and will read in its entirety as follows:
The City will have the right to terminate this Agreement if the Developer fails to
complete the Project by September 30, 2009. If the City decides to terminate this
00126605/ps 1
First Amendment to Developer Participation Agreement
Agreement, it will provide Developer with notice of termination in writing within
ten (10) days of September 30, 2009. Regardless of the date the receipt of notice
of termination is received by the Developer, the effective date of such notice
timely sent will be September 30, 2009. Upon termination of the Agreement by
the City, the City will have no further obligation to reimburse Developer for work
performed, services rendered, or any other costs associated with the Project
incurred after the effective date of termination.
As hereinabove amended, the Agreement will remain in full force and effect. This First
Amendment will be effective upon proper execution by all parties hereto.
Developer
Canteberry Development Ltd.
a Texas limited partnership
By: GST Management, LLC
Its General P rtner
J ell y, Manag
Dated: o-- !( , 2007
City of Round Rock, Texas
a Texas home-rule municipality
Nyle Maxwell, Mayor
Dated: , 2007
Attest:
Sara White, City Secretary
For City, approved as to form:
Stephan L. Sheets, City Attorney
00126605/ps 2
First Amendment to Developer Participation Agreement
DATE: December 13, 2007
SUBJECT: City Council Meeting - December 20, 2007
ITEM: 9F1. Consider a resolution authorizing the Mayor to execute Supplement
No. 1 to the Developer Participation Agreement with Canteberry
Development, Ltd. for Public Drainage Channel and Storm Sewer
Improvements associated with Eagle Ridge Subdivision development.
Department: Engineering and Development Services
Staff Person: Danny Halden, City Engineer
Justification:
Canteberry Development has informed the City that they have experienced financial
constraints which have precluded performing the improvements under the original
Developer Participation Agreement and has requested an extension of the Agreement. This
supplement will set a firm expiration date for the Agreement and will also set a maximum
cost for the City's contribution.
Funding:
Cost: $120,000.00 or 30% of the Project cost whichever is less
Source of funds: Regional Detention
Outside Resources: Canteberry Development, Ltd.
Background Information:
The original agreement was approved by the City Council on September 14, 2006. The
proposed channel improvements will provide proper conveyance for a drainage basin of
approximately 675 acres. The Eagle Ridge area benefiting from the channel improvements
is approximately 144 acres or 21% of the entire drainage basin. The storm sewer
improvements will extend an existing pipe, built with the abutting Meadow Lake subdivision,
up to the new channel which will result in decreased maintenance for the City. In view of
the magnitude of the improvements contemplated in conjunction with the culvert
improvement along Eagles Nest Street that Canteberry Development, Ltd. previously
performed, this participation by the City seems justified.
The Project will involve the construction of an approximately one hundred twenty-foot
(120') wide drainage channel beginning on the west side of Settlement Drive continuing in a
general westerly direction for approximately one thousand four hundred twenty-five feet
(1,425'). The Project will also include approximately one hundred fifty feet (150') of 42"
storm sewer. The Project includes all necessary demolition and ancillary items to properly
construct the channel and storm sewer.
The maximum amount of reimbursement to the Developer by the City is $120,000.00 or
thirty percent (30%) of the total Agreement cost, whichever amount is less.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
First Amendment to Developer Participation Agreement
This First Amendment to Developer Participation Agreement(the "First Amendment") is entered
into between the City of Round Rock, Texas (the "City") and Canteberry Development Ltd. (the
"Developer").
Background
• The City and the Developer entered into "Developer Participation Agreement" on
September 14, 2006 (the "Agreement") for public improvements related to the
Eagle Ridge Subdivision Development and for the City to participate in their cost
pursuant to § 212.071 et seq. of the Texas Local Government Code.
• The City and the Developer desire to amend the Agreement to modify certain
terms and conditions contained therein.
In consideration of the mutual covenants contained in this First Amendment, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Agreement between the City and the Developer is hereby amended as follows.
Amendments to Agreement
1. The fourth sentence of Paragraph 9 of the Agreement is amended in its entirety to read as
follows:
Upon Completion of the Project and acceptance thereof by the City, the City will
pay to the Developer, as provided below, an amount equal to thirty percent (30%)
of the original contract price plus any approved change orders for construction of
the Project, or One Hundred Twenty Thousand and No/100 Dollars
($120,000.00), whichever is less.
2. Paragraph 11 of the Agreement is amended in its entirety to read as follows:
The maximum amount of reimbursement to the Developer by the City will be
thirty percent (30%) of the Project cost, or One Hundred Twenty Thousand and
No/100 Dollars ($120,000.00), whichever is less.
3. Paragraph 17 of the Agreement is amended in its entirety to read as follows:
This Agreement will inure only to the benefit of the parties hereto. No other
person or entity will be considered as a beneficiary of this Agreement.
4. Paragraph 17a is added to the Agreement and will read in its entirety as follows:
The City will have the right to terminate this Agreement if the Developer fails to
complete the Project by September 30, 2009. If the City decides to terminate this
00126605/ps 1
First Amendment to Developer Participation Agreement
Agreement, it will provide Developer with notice of termination in writing within
ten (10) days of September 30, 2009. Regardless of the date the receipt of notice
of termination is received by the Developer, the effective date of such notice
timely sent will be September 30, 2009. Upon termination of the Agreement by
the City, the City will have no further obligation to reimburse Developer for work
performed, services rendered, or any other costs associated with the Project
incurred after the effective date of termination.
As hereinabove amended, the Agreement will remain in full force and effect. This First
Amendment will be effective upon proper execution by all parties hereto.
Developer
Canteberry Development Ltd.
a Texas limited partnership
By: GST Management, LLC
ItsGeneral P rtner
J ell y, Manag
Dated: m_b( _, 2007
City of Round Rock, Texas
a Texas home-rule municipa�ty
Nye well, Mayor
Dated:
Attest:
% rt(� J
Sara White, City Secretary
Fo 'ty, approved s to form:
Steph n L. Sheets, City Attorney
00126605/ps 2
First Amendment to Developer Participation Agreement