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R-04-08-26-13E3 - 8/26/2004 RESOLUTION NO. R-04-08-26-13E3 WHEREAS, the City of Round Rock desires to construct Forest Creek Drive running through property owned by Continental Homes of Texas, L.P. ( "Developer" ) , and WHEREAS, the City desires to expeditiously design, engineer and construct Forest Creek Drive, conditioned upon Developer paying the City for a portion of the cost of Forest Creek Drive attributable to its development, 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 Cost Sharing Agreement with Continental Homes of Texas, L. P. regarding Forest Creek 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 26th day of August, 2004 . NY ELL, Mayor City of Round Rock, Texas �E T: CHRISTINE R. MARTINEZ, City Secretar @PMesktop\::OD14A/WORLDOX/O:/WDOX/RESOLUTI/R40826E3.WPD/sc STATE OF TEXAS § COST SHARING AGREEMENT § WITH CONTINENTAL HOMES OF TEXAS, L.P. § REGARDING COUNTY OF WH LIAMSON § FOREST CREEK DRIVE This is a COST SHARING AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and CONTINENTAL HOMES OF TEXAS, L.P. ("Developer"). WHEREAS, Developer is owner of that certain tract of land described as 2.865 acres, more or less, out of the P. A. Holder Survey, and as described in Exhibit "A", attached hereto and incorporated herein, (the"Property"), and WHEREAS, City desires to construct an extension of Forest Creek Drive, being a four- lane, curbed and guttered major arterial road, running through the Property and an abutting 16 inch waterline, (collectively, the"Project") and WHEREAS, the City desires to expeditiously design, engineer and construct the Project conditioned upon Developer paying City for a portion of the cost of the Project attributable to its development, and WHEREAS, the Developer desires to partially reimburse the City for costs expended in the construction of the Project, NOW THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City and Developer hereby agree as follows: A. PURPOSE The purpose of this Agreement is to provide for the reimbursement to the City for a portion of the cost of construction of Forest Creek Drive and an abutting waterline through the Property. The parties hereto agree that the portion of the cost of Forest Creek Drive and an 1. EXHIBIT a "An abutting waterline paid by the Developer is attributable to the needs of Developer's development. A. GENERAL TERMS AND CONDITIONS 1. The Project is herein defined as the construction of a four-lane, curbed and guttered major arterial road, including sidewalks, and an abutting 16 inch waterline, running through the Property. 2. The Project Cost is herein defined as all costs of material, labor, grading, paving, drainage, erosion control and other costs related to the construction of the Project. The Project Cost specifically excludes all "soft costs" such as permitting fees, inspection fees and design fees. 1. Developer agrees to pay to the City a portion of the Project Cost and totaling approximately THREE HUNDRED SEVENTY-EIGHT THOUSAND, NINE HUNRDRED, EIGHTY-NINE and 90/100 DOLLARS ($378,989.90). Said sum shall be paid to the City within ten (10) working days after Developer receives written notification that said payment is due. If full payment is not received within this time period, this Agreement may be voided by the City. Any monies not expended by the City on the Project shall be reimbursed to the Developer. Any cost over-runs shall be shared by the Developer and the City based on the following ratio; 50% - Developer, 50% - City. Developer's portion of cost over- runs for the 16 inch waterline shall be paid 100% by Developer. Any cost over- runs shall be paid by Developer to the City within ten (10) working days after Developer receives written notification that said payment is due. 4. Developers shall dedicate all necessary right-of-way and related easements for Forest Creek Drive upon request of City. The City agrees to use its best efforts to complete the Project as soon as possible. C. MISCELLANEOUS PROVISIONS. 1. Actions Performable. The City and the Developer agree that all actions to be performed under this Agreement are performable in Williamson County, Texas. 2. Governing Law. The City and Developer agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. 3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 2. 4. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this agreement. Any amendment to this Agreement must be in writing and signed by all parties. 5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City: City of Round Rock 221 East Main Round Rock, Texas 78664 Attn: Director of Planning Phone: (512)218-5420 with copies to: Sheets& Crossfield, P.C. 309 East Main Round Rock, Texas 78664 Phone: (512)255-8877 Developer: CONTINENTAL HOMES OF TEXAS, L.P. Attention: Dale Thornton 12554 Riata Vista Circle, Second Floor Austin, Texas 78727 (512) 345-4663 7. Force Majeure. Developer and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. 8. Assignment. This Agreement may be assigned by the Developer only with the prior written approval of the City, unless to an affiliate of Developer. 3. 9. Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Developer, respectively. SIGNED as of this day ofJ/,l 2004. CITY OF ROUND ROCK BY: NYLE MAXWELL, Mayor ATTEST: CHRISTINE R MARTINEZ, City Secretary CONTINENTAL HOMES OF TEXAS,L.P., A Texas limited partnership By:CHTEX of Texas, Inc. A Delaware corporation, its sole General Partner B : Y _ - - C-Aj aQ u- vitiAi Prr Oce pa-srto T 4. STATE OF TEXAS § § CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 2004, by Nyle Maxwell, a person known to me, in his capacity as Mayor of the City of Round Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This ' st t wa cknowledged before me on this the c2l day of --TU 2004, by a person known to me in his capacity as Vice-President of CHTEX of TEXAS, INC., a Delaware corporation, as General Partner for CONTINENTAL HOMES OF TEXAS, L.P., on behalf of said limited partnership. ,, ROSEMARY ESTWA : Notary Pudic,State of Texas *• j SEPTEMBER R 9,2006 No Public, State of Texas Pati -�''Cl�� After recording, return to: Charles Crossfield Sheets& Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. EXHIBIT A. Ts C7 t ciee oCes C5 C6 F T4 Tt3 T9 C9 C10 Line WS87*36V'35WvV Distance T4 "E 45.93' T5 "E 286.55' T6 "E 103.34' T7 W .10' T8 W 286.55' T9 W 45.93' Curve Radius Arc Length Delta Angle Chord Length Chord Bearing C5 25' 39.2T 90'00'00" 35.36' S47°23'25"E Note: C6 955' 292.60' 17"33'18" 291.46' N78°4957"E C7 1955' 573.59' 16°4838" 571.54' N61°38'59"E Bearings shown hereon are C8 2055' 629.54' 17°33'09" 627.09' S61°16'43"W grid bearings determined by1 C9 1055' 323.24' 17°33'18" 321.98' S78°49'5T'W GPS RTK methods fora C10 25' 39.2T 90°00'00" 35.36' S42-36-35-W local plane centered near the Southeast corner of the P.A.Holder Survey. Abstract No.297 Date: 02/23/04 Drawing no. 1 Revisions City of Round Rock By: Joe B. Exibit showing a 2.865 acre tract of land in the P.A. Holder Survey, A-297 '�ROUNDROCK,TEXAS Scale: 1 = 200 County, Texas PURPOSE.PASSION.PROSPERITY EXHIBIT d a ar n r� � Int C7 ve TS Gree oCest T4 � T8 T9 Cg C10 Line Bearing Distance T4 N87°36'35"= 45.93' T5 N70°03'18"E 286.55' T6 S51°44'17"E 103.34' T7 S52°30'09"W .10' T8 S70°03'18"W 286.55' T9 S87°36.35"W 45.93' Curve Radius Arc Length Delta Angle Chord Length Chord Bearing C5 25' 39.2T 90°00'00" 35.36' S47°23'25"E Note: C6 955' 292.60• 17°33'18" 291.46' N78°49'57"E C7 1955' 573.59' 16°48'38" 571.54' N61°38'59"E Bearings shown hereon are C8 2055' 629.54' 17°33'09^ 627.09• S61°16'43"W grid bearings determined by C9 1055' 323.24' 17°33'18" 321.98' S78°49'57"W GPS RTK methods fora 210 25' 39.2T 90°00'00^ 35.36' S42'36'35"W local plane centered near the Southeast corner of ft PA Bolder Survey. Abstract No.297 Date: 02/23/04 Revisions City of Round Rock 7ROCK, Exibit showing a 2.865 acre tract of land in the P.A. 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Consider a resolution authorizing the Mayor to execute a Cost Sharing Agreement with Continental Homes of Texas, L.P. for the construction of Forest Creek Drive. Department: Transportation Services Staff Person: Tom Martin, Director Justification: This Development Agreement between the City and Continental Homes of Texas, L.P. is for reimbursement to the City for a portion of the cost of construction of Forest Creek Drive. Cost sharing is initially estimated at $378,989.90 Funding: Cost: No cost to the city Source of funds: N/A Outside Resources: Continental Homes of Texas, L.P. Sheets & Crossfield, P.C. Background Information: Development Agreement is for reimbursement to the City of a portion of the cost for construction of Forest Creek. Public Comment: N/A RECORDED DOCUMENT FOLLOWS Il 1111 illllll 11111111111 till l III IIIII AGR 2004068871 8 PGS STATE OF TEXAS § COST SHARING AGREEMENT § WITH CONTINENTAL HOMES OF TEXAS, L.P. § REGARDING COUNTY OF WILLIAMSON § FOREST CREEK DRIVE This is a COST SHARING AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and CONTINENTAL HOMES OF TEXAS, L.P. ("Developer"). WHEREAS, Developer is owner of that certain tract of land described as 2.865 acres, more or less, out of the P. A. Holder Survey, and as described in Exhibit "A", attached hereto and incorporated herein, (the"Property"), and WHEREAS, City desires to construct an extension of Forest Creek Drive, being a four- lane, curbed and guttered major arterial road, running through the Property and an abutting 16 inch waterline, (collectively, the"Project") and WHEREAS, the City desires to expeditiously design, engineer and construct the Project conditioned upon Developer paying City for a portion of the cost of the Project attributable to its development, and WHEREAS, the Developer desires to partially reimburse the City for costs expended in the construction of the Project, NOW THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City and Developer hereby agree as follows: A. PURPOSE The purpose of this Agreement is to provide for the reimbursement to the City for a portion of the cost of construction of Forest Creek Drive and an abutting waterline through the Property. The parties hereto agree that the portion of the cost of Forest Creek Drive and an abutting waterline paid by the Developer is attributable to the needs of Developer's development. A. GENERAL TERMS AND CONDITIONS 1. The Project is herein defined as the construction of a four-lane, curbed and guttered major arterial road, including sidewalks, and an abutting 16 inch waterline, running through the Property. 2. The Project Cost is herein defined as all costs of material, labor, grading, paving, drainage, erosion control and other costs related to the construction of the Project. The Project Cost specifically excludes all "soft costs" such as permitting fees, inspection fees and design fees. 1. Developer agrees to pay to the City a portion of the Project Cost and totaling approximately THREE HUNDRED SEVENTY-EIGHT THOUSAND, NINE HUNRDRED, EIGHTY-NINE and 90/100 DOLLARS ($378,989.90). Said sum shall be paid to the City within ten (10) working days after Developer receives written notification that said payment is due. If full payment is not received within this time period, this Agreement may be voided by the City. Any monies not expended by the City on the Project shall be reimbursed to the Developer. Any cost over-runs shall be shared by the Developer and the City based on the following ratio; 50% - Developer, 50% - City. Developer's portion of cost over- runs for the 16 inch waterline shall be paid 100% by Developer. Any cost over- runs shall be paid by Developer to the City within ten (10) working days after Developer receives written notification that said payment is due. 4. Developers shall dedicate all necessary right-of-way and related easements for Forest Creek Drive upon request of City. The City agrees to use its best efforts to complete the Project as soon as possible. C. MISCELLANEOUS PROVISIONS. 1. Actions Performable. The City and the Developer agree that all actions to be performed under this Agreement are performable in Williamson County, Texas. 2. Governing L . The City and Developer agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. 3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 2. 4. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this agreement. Any amendment to this Agreement must be in writing and signed by all parties. 5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City: City of Round Rock 221 East Main Round Rock, Texas 78664 Attn: Director of Planning Phone: (512) 218-5420 with copies to: Sheets& Crossfield, P.C. 309 East Main Round Rock, Texas 78664 Phone: (512) 255-8877 Developer: CONTINENTAL HOMES OF TEXAS, L.P. Attention: Dale Thornton 12554 Riata Vista Circle, Second Floor Austin, Texas 78727 (512) 345-4663 7. Force Majeure. Developer and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. 8. Assignment. This Agreement may be assigned by the Developer only with the prior written approval of the City, unless to an affiliate of Developer. 3. 9. Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Developer, respectively. SIGNED as of this day of 2004. CITY OF ROUND ROCK BY: VE L or ATTEST: CHRISTINE R MARTINEZ, City Secretary CONTINENTAL HOMES OF TEXAS, L.P., A Texas limited partnership By:CHTEX of Texas, Inc. A Delaware corporation, its sole General Partner By: of �f�cG PI'L�Espbrj 4. STATE OF TEXAS § § CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the vq 0 day of WS r 2004, by Nyle Maxwell, a person known to me, in his capacity as Mayor of the C y of Round Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality. " y PuNl NtatNROE `- Nt pry Public,State of Texas 10+ Commission Expiresy `� MAY 7,2007 Notary Public, State of Texas STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § Thitimn pt wa�Knowledged before me on this the c 151 day of �u l 2004 b Y D" Y' "w" a person known to me in his capacity as Vice-Presi nt of CHTEX of TEXAS, INC., a Delaware corporation, as General Partner for CONTINENTAL HOMES OF TEXAS, L.P., on behalf of said limited partnership. ROSEMARY ESTRADA r y° Notary PutAlk State of TexasI& 1 ' nay com +on Evims �� SEPTEMBER 9 2006 C "' " No Public, State of Texas After recording, return to: Charles Crossfield Sheets& Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. EXHIBIT rr Ts C7 v e T5 Ce GCee test' C5 C6 o T4 T8 T9 C9 C10 Line Bearing Distance T4 N87°36'35"E 45.93' TS N70°03'18"E 286.55' T6 S51°44'17"E 103.34' T7 S52°30'09"W .10' T8 S70-03-18"W 286.55' T9 S87°36'35"W 45.93' Curve Radius Arc Length Delta Angle Chord Length Chord Bearing C5 25' 39.27' 00'00- 35.36' S47°23'25"E Note: C6 955' 292.60' 17°33'18" 291.46' N78°49'57"E C7 1955' 573.59' 16°4838" 571.54' N61°3859"E Bearings shown hereon are C8 2055' 629.54' 17°33'09" 627.09 S61°16'43"W grid bearings determined by C9 1055' 323.24' 17°33'18" 321.98' S78°49'57"W GPS RTK methods fora IC10 25' 39.27' 90°00'00" 35.36' S42°36'35"W local plane centered near the Southeast comer of the PA.Holder Survey. Abstract No.297 Date: 02/23/04 Drawing no. 1 Revisions City of Round Rock By: Joe B. Exibit showing a 2.865 acre tract of land in the P.A. Holder Survey, A-297IrROUNDROCK,TEXAS Scale: 1" - 200 Williamson County, Texas PASSION.PROSPERITY EXHIBIT b it A f/ Te C7 Ce T5 st GCee C5 C6 C ,oxes T4 T8 T. C9 C10 Line FN70*03'18"E g Distance T4 6'35"E 45.93' TS 286.55' T6 4'17"E 103.34' T7 0'09"W .10' 18 S70"03'18"W 286.55' T9 S87"36'35"W 45.93' Curve Radius Arc Length Delta Angle Chord Length Chord Bearing C5 25' 39.27' 90"00'00" 35.36' 547"2325"E Note: C6 955' 292.60' 17°33'18" 291.46' N78"49'57"E C7 1955' 573.59' 16°4838" 571.54' N61°38'59"E Bearings shown hereon are C8 2055' 629.54' 17'33'09" 627.09' S61*1643W grid bearings determined by C9 1055' 323.24' 17"33'18" 321.98' S78°4957"W GPS RTK methods fora IC10 126 39.27' 1 90°00'00" 35.36' S42"3635"W local plane centered near the Southeast comer of the PA.Holder Survey. Abstract No.297 Date: 02/23/04 City of Round Rock drawing no. 1 Revisions By: Joe B. Exibit showing a 2.865 acre tract of land in the P.A. Holder Survey, A-297 J!ROUNDROCK TEXASScale: 1" = 200 Williamson County, Texas RPOSE.PASSION.PROSPERITY. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004068871 08/31/2004 02:34 PM CARRILLO $28.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 1.(� a:1 � t ; CITY OF ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664