CM-2017-1432 - 7/7/2017Right of Entry A eement
Property Owner: CH Realty VUR Austin Boardwalk, L.P., a Delaware limited partnership
Property: Described in Exhibit "A"
Date: C)14- , 2017
Owner hereby grants permission to the City of Round Rock, its subcontractors and agents, to
enter the Property for the limited purpose of nondestructive survey and non -environmental
geotechnical investigation in connection with the design and construction of drainage and flood
control facilities on and adjacent to the Property. This grant and right of entry shall expire and be
of no further force and effect upon the expiration of three (3) months after the date of this
Agreement.
A full and complete copy of any reports written or created by the City or its agents, assigns,
employees or contractors or anyone hired by the City as a result of the activities performed on
the Property pursuant to this agreement shall be provided to Owner within 30 days after the
City's receipt of such report.
To the extent allowed by law, City agrees to indemnify and hold Owner harmless from any
damages or other losses to Owner or third parties resulting from any acts or omissions of City,
including acts of negligence—both ordinary and gross negligence of City, its employees, agents
or assigns, in carrying out the purposes of this right of entry on the Property.
Attached hereto as Exhibit "B" is the Kensington Detention Geotechnical Investigation Plat
which describes the testing to take place on the Property and adjacent properties. Attached hereto
as Exhibit "C" is an aerial photograph depicting the approximate locations of bores for soil
sampling and access routes. As evidenced by Owner's signature to this Agreement, Exhibits "B"
and "C" are approved. A representative of Owner shall have the right, but not the obligation, to
be present during any City test or investigation.
City agrees that information gathered in connection with this Agreement that is not generally
known to or discoverable by the public (the "Confidential Information") shall be considered
confidential information. The Confidential Information shall be used by City solely for the
purpose of City's evaluation of the physical condition of the Property. City shall not reveal,
disclose, disseminate, publish or communicate to any other persons, parties or entities any
Confidential Information, without the prior written consent of Owner, which shall be given or
withheld in Owner's sole discretion, or as required by law, court order or other legal process. In
permitting City to review any Confidential Information regarding the Property, Owner has not
waived any privilege or claim of confidentiality with respect thereto, and no third party benefits
or relationships of any kind, either express or implied, have been offered, intended or created.
[Signature Page Follows.]
Right of Entry Agreement — Page 1
O( -2U1-7- / S'2
Property Owner:
CH REALTY VUR AUSTLN BOARDWALK, L.P.,
a Delaware limited partnership
By: CH Realty VUR Austin Boardwalk GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: Fund VT Managers, L.L.C.,
a Delaware limited liability company,
its manager
By:
Name:
Title: J : L�
Notice Address:
CH Realty VUR Austin Boardwalk, L.P.
3819 Maple Avenue
Dallas, TX 75219
Attention: Asset Manager — Boardwalk
Telephone: 214-661-8129
Email: agraves@crowholdings.com
ACCEPTED AND AGREED:
CITY OF ROUND ROCK
Laurie Hadley, City Manager
Notice Address:
City of Round Rock
c% Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
Attention: Stephan L. Sheets, City Attorney
Right of Entry Agreement — Page 2
E7E[[BIT "A"
PROPERTY
TRACT 1: Lot 1,1IOME; DEPOT SUBDIVISION, a subdivision in Williamson County, Texas.,
according to the map or plat thereof, recorded in Cabinet N, Slides 194-195 of the Plat Records
of Williamson County, Texas.
TRACT' 2: Lot 1, BOARDWALK 2 SUBDIVISION, SECTION 6, a subdivision in Williamson
County, Texas, according to the map or plat thereof, recorded in Cabinet N, Slides 188-189 of
the Plat Records of Williamson County, Texas; SAVE AND EXCEPT that portion that was
conveyed to the City of Round Rock, Texas by deed dated June 6, 2006, recorded under
Document No. 2006054025 of the Official Public Records of Williamson County, Texas.
Right of Entry Agreement — Exhibit "A" (Property) — Solo Page
EXHIBIT "B"
KENSINGTON DETENTION GEOTECHNICAL INVESTIGATION PLAN
The City of Round Rock, hereinafter "the City", is proposing to construct a detention pond for
the purpose of mitigating downstream flooding along Dry Branch Tributary No. 1. This tributary
begins essentially at State Highway 45 just east of IH 35 and along its downstream traverse
crosses Dell Way, Oxford Blvd., Greenlawn Blvd., Gattis School Road, A.W. Grimes Blvd., and
Logan Drive before intersecting and becoming one with Dry Branch creek. The proposed
detention pond is anticipated to be located in the densely overgrown drainage area just south of
Dell Way between the Dell Computer Complex and the shopping center containing PetSmart,
OfficeMax, and Wal-Mart (among other businesses).
The City has retained a consultant, K. Friese and Associates, Inc., hereinafter "KFA", to provide
engineering services related to the proposed detention pond under a Contract for Engineering
Services entitled "Kensington Detention and Channel Improvements".
Prudent design of the proposed detention pond necessitates a typical geotechnical investigation
including drilling/sampling field work and laboratory work ultimately to determine:
1. The soils and geology of the area and the types and characteristics of materials that are
likely to be encountered during construction.
2. The suitability of in situ materials for use in the proposed detention pond construction
including but not limited to embankments.
3. The strength and stability of in situ materials including but not limited to their ability to
support loadings and/or to perform resiliently when either left in place, moved, and/or
utilized.
KFA and/or its geotechnical subconsultant, hereinafter "the Geotech", has selected eight (8) spot
locations at which to conduct the aforementioned investigation field work as approximately
shown on the attached map; three (3) of these locations will be on Boardwalk property, four (4)
will be on Dell property, and one (1) is so close to common property lines that it is currently
unknown if it will be on Boardwalk or Dell property. The investigation field work will be
accomplished as follows:
1. The spot locations will be marked on the ground by KFA and/or the Geotech; City
personnel may be in attendance during the marking. All spot locations will be within
natural or unnatural dirt -surfaced or vegetated -surfaced areas; no spot location will be
within a currently exposed or in -use asphalt or other man-made impermeable surface
material.
2. An appropriate call "for utility locates" will be made by KFA and/or the Geotech to help
ensure the spot locations are not in conflict with underground or hidden utilities and
appurtenances.
3. KFA and/or the Geotech will examine the vicinity of the spot locations to determine
suitable entry points and access routes for the vehicles and/or equipment to be utilized
for the field work. Entry will necessarily include driving over street or parking lot curbs
to access the spot locations; driving over curbs should impede traffic in the vicinity five
Right of Entry Agreement — Exhibit "B" (Investigation Plan) — Page 1
(5) minutes or less. The entry points and access routes shall be reviewed with and
approved by the City.
4. The Geotech and/or City personnel or City contractors will cut and clear vegetation
along the access routes as necessary to permit access for the field work vehicles and/or
equipment. To reduce cutting/clearing time and costs, trees will be avoided. Except
where the City currently enjoys easement rights, no tree with a diameter greater than
two (2) inches on private property will be removed without permission of the respective
property owner; however, removal of tree limbs to provide adequate clearance for
vehicles and/or equipment will be performed without permission if required. It is the
City's intent to identify access routes that will cause the least disturbance to existing
surfaces and vegetation but factoring in the limitations of the vehicles and equipment to
be employed for the investigation field work.
5. The Geotech will retain subconsultants to drill into the ground surface to a depth of up
to 50 feet at some of the spot locations, to excavate test pits at others, and to collect
samples of materials. The Geotech will direct the drilling, excavation, and sampling
operations; and will document the procedures, conditions, and materials encountered,
including the presence or absence of groundwater. Materials samples will be retained
by the Geotech for laboratory analysis to determine typical engineering properties
including but not limited to unconfined compressive strength, moisture content,
Atterberg limits, etc. Holes drilled/excavated will be properly backfilled with resultant
cuttings upon completion of the drillinglexcavation and sampling; bentonite will be
provided to supplement backfill as necessary. The spot location areas will be left in a
smoothed and neat condition upon completion. Drives and streets will be cleaned of
any tracked or otherwise deposited materials resulting from the investigation field work.
6. The City and/or KFA may observe any or all of the investigation field work while it is
being performed and will inspect the access route areas, spot locations, and
drives/streets used; the City will ensure that all of the aforementioned areas are left in
cleaned, proper and stable conditions. It is anticipated that the investigation field work
will be performed in 1 to 2 days, weather permitting, and re -vegetation efforts will not
be necessary. However, the City will ensure re -vegetation remedial work is performed in
areas where the investigation field work activity has obviously created a non -stabilized
condition not present before the.activity.
Right of Entry Agreement — Exhibit `B" (Investigation Plan) — Page 2
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EXffiBIT "C"
SOIL BORING LOCATIONS
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Right of Entry Agreement — Exhibit "C" (Soil Boring Locations) — Solo Page
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Right of Entry Agreement with CH Realty VI/R
Austin Boardwalk, L.P. for nondestructive survey and non -environmental
geotechnical investigation in connection with the Boardwalk Drainage
Easement Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/7/2017
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments: 00381273.PDF, 00381274.PDF
Department: Leqal Department
Text of Legislative File CM -2017-1432
Consider executing a Right of Entry Agreement with CH Realty VI/R Austin Boardwalk,
L.P. for nondestructive survey and non -environmental geotechnical investigation in
connection with the Boardwalk Drainage Easement Project.
City of Round Rock Page 1 Printed on 7/6/2017