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R-04-10-14-14E2 - 10/14/2004 RESOLUTION NO. R-04-10-14-14E2 WHEREAS, the Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office ("Diocese") is the owner of a tract of land known as Lot 1, Block A, St . John Vianney Catholic Church Subdivision, a subdivision in Williamson County, Texas, and WHEREAS, the Diocese desires to improve a portion of Lake Drive abutting its property, and WHEREAS, the City of Round Rock agrees to maintain the improvements once constructed, 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 Development Agreement with the Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office regarding Lake Drive, 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 October X04 N WE L, M yor City of Round Rock, Texas ATTEST. CHRISTINE R. MARTINEZ, City Secretary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41014E2.WPD/sc DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (the "Agreement') is made and entered into on this the day of October, 2004, by and between the City of Round Rock, a Texas home- rule municipal corporation (the "City"), and The Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office(the"Diocese"). RECITALS: WHEREAS, the Diocese is the owner of that certain tract of land known as Lot 1, Block A, St. John Vianney Catholic Church Subdivision, a subdivision in Williamson County, Texas; and WHEREAS, the Diocese agrees to improve a portion of Lake Drive to a thirty (30) foot curb and gutter section; and WHEREAS, the City agrees to maintain the improvements once constructed; and WHEREAS, the City and the Diocese desire to enter into this Agreement to set forth in writing certain covenants and agreements; NOW, THEREFORE, that for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and the Diocese agree as follows: AGREEMENT 1. Project. The Project will consist of the construction of a thirty (30) foot curb and gutter section, running from Sunrise Road to the eastern most driveway of the proposed St. John Vianney Church site plan, approximately two hundred and fifty-five (255) feet, as shown in the sketch attached hereto and incorporated herein as Exhibit"A." 2. Effective Date. This Agreement shall be effective on the date it has been signed by the Mayor of the City of Round Rock. 3. Construction and Completion of Project. The Diocese agrees that construction of the Project will commence and be completed prior to the issuance of any permit for any additions to the existing facilities, including but not limited to additional buildings,parking lots and drives; or the next development phase of the St. John Vianney Church site plan. 4. Letter of Credit. Upon the execution of this Agreement, the City agrees to release the Letter of Credit provided by the Diocese for the construction of Lake Drive. EXHIBIT "All 5. No Partnership. This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee or borrowed servant relationship by and among the parties. 6. Notice. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (i) when delivered personally to the recipient's address as stated in this Agreement; or(ii) sent, by certified or registered mail, return receipt requested to the recipient's address as stated in this Agreement. The addresses of the parties provided below may be changed by similar notice in writing given by the party whose address is to be changed. For the purposes of this Section 6, the addresses of the parties for all notices are as follows: If to the City: The City of Round Rock Attention: Jim Nuse, City Manager 221 East Main Street Round Rock, TX 78664 With a copy to: Stephan L. Sheets Sheets & Crossfield,P. C. 309 East Main Street Round Rock, TX 78664 If to the Diocese: The Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office Attn: Mr. Charles Muller,Facilities Planning Director 1600 North Congress Avenue Austin, TX 78701 With a copy to: Laurie D. Tice Rogers &Whitley, L.L.P. 2210 San Gabriel Austin, TX 78705 7. Miscellaneous. (a) Force Majeure. Neither the City nor the Diocese shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. (b) Assignment. This Agreement may not be assigned without the prior express written consent of the other party, which consent shall not be unreasonably, withheld, conditioned or delayed. 2 (c) Modification. This Agreement may not be modified or amended except by a subsequent agreement in writing signed by both parties. (d) Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and assigns. (e) Entire Agreement. This Agreement and Exhibit "A" attached hereto constitute the entire agreement and understanding between the parties and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. (f) Governing Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Texas and venue for any legal proceedings instituted regarding this Agreement will be in Williamson County, Texas. (g) Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any provisions hereof. (h) Gender and Number. Words of any gender used in this Agreement will be construed to include the other gender and words in the singular number will be construed to include the plural, and vice versa, as the context may require herein. (i) Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall be necessary to produce or account for more than one such counterpart. EXECUTED to be effective this day of October, 2004. ATTEST: CITY OF ROUND ROCK By: Christine R. Martinez, City Secretary Nyle Maxwell, Mayor Date: By: The Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office 3 (c) Modification. This Agreement may not be modified or amended except by a subsequent agreement in writing signed by both parties. (d) BindingEffect.ffect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and assigns. (e) Entire Agreement. This Agreement and Exhibit "A" attached hereto constitute the entire agreement and understanding between the parties and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. (f) Governing Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Texas and venue for any legal proceedings instituted regarding this Agreement will be in Williamson County,Texas. (g) Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any provisions hereof. (h) Gender and Number. Words of any gender used in this Agreement will be construed to include the other gender and words in the singular number will be construed to include the plural, and vice versa, as the context may require herein. (i) Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement;but in making proof of this Agreement, it shall be necessary to produce or account for more than one such counterpart. EXECUTED to be effective this day of October, 2004. ATTEST: CITY OF ROUND ROCK By: Christine R. Martinez, City Secretary Nyle Maxwell,Mayor Date: By: The Most Reverend Gregory M.Aymond, Bishop of the Diocese of Austin, and His Successors in Office 3 DATE: October 8, 2004 SUBJECT: City Council Meeting - October 14, 2004 ITEM: 14.E.2. Consider a resolution authorizing the Mayor to execute a Development Agreement with the Bishop of the Diocese of Austin (on behalf of the St. John Vianney parish) for improvements associated with Lake Drive. Department: Engineering and Development Services Staff Person: Tom Word, Chief of Public Works Operations Justification: This development agreement requires that Lake Drive abutting the St. John Vianney Church site is improved to City standards prior to the issuance any permits on the site. Funding• Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The Church agreed to upgrade both Applegate Drive and Lake Drives as a condition of annexation. Applegate Drive was improved with the first phase of the site plan. The first phase did not add any additional drives or demand onto Lake Drive and thus staff recommends postponing the upgrade of this roadway until the Church's next project. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into on this the J q L{ 'day of October, 2004, by and between the City of Round Rock, a Texas home- rule municipal corporation (the "City"), and The Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office (the"Diocese"). RECITALS: WHEREAS, the Diocese is the owner of that certain tract of land known as Lot 1, Block A, St. John Vianney Catholic Church Subdivision, a subdivision in Williamson County, Texas; and WHEREAS, the Diocese agrees to improve a portion of Lake Drive to a thirty (30) foot curb and gutter section; and WHEREAS, the City agrees to maintain the improvements once constructed; and WHEREAS, the City and the Diocese desire to enter into this Agreement to set forth in writing certain covenants and agreements; NOW, THEREFORE, that for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and the Diocese agree as follows: AGREEMENT 1. Project. The Project will consist of the construction of a thirty (30) foot curb and gutter section, running from Sunrise Road to the eastern most driveway of the proposed St. John Vianney Church site plan, approximately two hundred and fifty-five (255) feet, as shown in the sketch attached hereto and incorporated herein as Exhibit"A." 2. Effective Date. This Agreement shall be effective on the date it has been signed by the Mayor of the City of Round Rock. 3. Construction and Completion of Project. The Diocese agrees that construction of the Project will commence and be completed prior to the issuance of any permit for any additions to the existing facilities, including but not limited to additional buildings,parking lots and drives; or the next development phase of the St. John Vianney Church site plan. 4. Letter of Credit. Upon the execution of this Agreement, the City agrees to release the Letter of Credit provided by the Diocese for the construction of Lake Drive. R-Dy-/d-/y-l YF,Z 5. No Partnership. This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee or borrowed servant relationship by and among the parties. 6. Notice. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (i) when delivered personally to the recipient's address as stated in this Agreement; or (ii) sent, by certified or registered mail, return receipt requested to the recipient's address as stated in this Agreement. The addresses of the parties provided below may be changed by similar notice in writing given by the party whose address is to be changed. For the purposes of this Section 6, the addresses of the parties for all notices are as follows: If to the City: The City of Round Rock Attention: Jim Nuse, City Manager 221 East Main Street Round Rock, TX 78664 With a copy to: Stephan L. Sheets Sheets & Crossfield,P. C. 309 East Main Street Round Rock, TX 78664 If to the Diocese: The Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office Attn: Mr. Charles Muller, Facilities Planning Director 1600 North Congress Avenue Austin, TX 78701 With a copy to: Laurie D. Tice Rogers &Whitley, L.L.P. 2210 San Gabriel Austin, TX 78705 7. Miscellaneous. (a) Force Majeure. Neither the City nor the Diocese shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. (b) Assignment. This Agreement may not be assigned without the prior express written consent of the other party, which consent shall not be unreasonably, withheld, conditioned or delayed. 2 (c) Modification. This Agreement may not be modified or amended except by a subsequent agreement in writing signed by both parties. (d) BindingEffect.ffect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and assigns. (e) Entire Agreement. This Agreement and Exhibit "A" attached hereto constitute the entire agreement and understanding between the parties and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. (f) Governing Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Texas and venue for any legal proceedings instituted regarding this Agreement will be in Williamson County, Texas. (g) Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any provisions hereof. (h) Gender and Number. Words of any gender used in this Agreement will be construed to include the other gender and words in the singular number will be construed to include the plural, and vice versa, as the context may require herein. (i) Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall be necessary to produce or account for more than one such counterpart. EXECUTED to be effective this `4 — day of October, 2004. ATTEST: CITY O U NJUA,_hhYU By: Christine R. Martinez, City Secretary /iw ,�Viaypr Date: y By: The Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office 3