R-04-06-10-13C2 - 6/10/2004RESOLUTION NO. R -04-06-10-13C2
WHEREAS, the City of Round Rock wishes to enter into a Cost
Sharing Agreement with MDSR GP, Inc. and Continental Homes of Texas,
L.P. concerning the design and construction of a Booster Pump Station
in the Preserve at Stone Oak, and
WHEREAS, the City Council wishes to approve said Agreement, 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 MDSR GP, Inc. and
Continental Homes of Texas, L.P. concerning the design and construction
of a Booster Pump Station in the Preserve at Stone Oak, a copy of said
Agreement 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 10th day of June, 2004.
ST.:
NY s�iVEMayor
City Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sec r tary
@PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R40610Ce.WPD/sC
COST SHARING AGREEMENT
This COST SHARING AGREEMENT (the "Agreement") is executed to be effective the
day of , 2004 (the "Effective Date"), by and among the City of Round Rock, a
Texas home -rule municipal corporation (the "City"), MDSR GP, INC., a Texas corporation
("MDSR") and Continental Homes of Texas, L.P., a Texas limited partnership ("Continental").
RECITALS:
WHEREAS, MDSR is the owner of a tract of land more particularly described in Exhibit
"A", attached hereto and incorporated herein (the "Mayfield Property"); and
WHEREAS, MDSR is developing the Mayfield Property as a residential subdivision
known as Villages at Mayfield Ranch, Phases 1, 2 and 4; and
WHEREAS, Continental is the owner of a tract of land more particularly described in
Exhibit "B", attached hereto and incorporated herein (the "Stone Oak Property"); and
WHEREAS, Continental is developing the Stone Oak Property as a residential
subdivision known as the Preserve at Stone Oak, Phase 3, Section 4 and Phase 4, Section 2; and
WHEREAS, the City desires to build a booster pump station ( the "Project") to service
the Mayfield Property and Stone Oak Property (collectively, the "Properties") and the
surrounding area; and
WHEREAS, Continental and MDSR agree to participate with the City in the cost of the
Project; and
WHEREAS, the City, Continental and MDSR desire to enter into this Agreement to set
forth in writing certain covenants and agreements;
NOW, THEREFORE, that for and inconsideration of the mutual covenants contained
herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, the City, Continental and MDSR agree as follows:
AGREEMENT
1. Project. The Project will consist of the construction of a booster pump station, with a
pressure relief valve, and a hydropneumatic tank that shall be located adjacent to the 1431 Stand
Pipe in the Stone Oaks Subdivision.
2. Contributions. Continental and MDSR agree to each contribute $50,000.00 for
construction of the Project. The costs to construct the Project are referred to as the
"Contributions." The City agrees that the Contributions provided by Continental and MDSR
EXHIBIT
b
D
1
constitute the entire Contributions required from Continental and MDSR to participate in the
Project.
3. Payment of Contributions. Continental and MDSR agree to deposit with the City their
agreed upon Contributions within sixty (60) days after the Effective Date.
4. Agreement to Construct. The City agrees to construct the Project in accordance with the
approved plans and specifications for such Project and in accordance with all applicable laws and
regulations.
5. Project Manager. Continental and MDSR agree that the City will serve as the Project
Manager for all aspects of the Project at no additional cost to Continental or MDSR.
6. Commencement and Completion of Project. The City agrees that construction of the
Project will commence no later than six (6) months after the Effective Date and will be
completed no later than twelve (12) months from the Effective Date.
7. Reimbursement. If the Project is not built by the City due to relocation of the Project or
other circumstances, including failure by the City to complete the Project within the time
limitation set forth in Section 6 above. The City agrees to reimburse, without interest,
Continental and MDSR their respective Contributions in their entirety.
8. Phased Project. The parties agree that the Project is the first phase of a phased project the
City is constructing to service the area and no additional contributions are required from
Continental or MDSR for the City's phased project.
9. 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. In no event will any of the parties
hereto be liable or responsible for any contractual, tortuous, or other liability, obligation, or debt
of any other party, whether a party to this Agreement or otherwise.
10. 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 10, the addresses of the parties for all
notices are as follows:
If to the City: The City of Round Rock
Attention: Tom Clark, Director of Utilities
2008 Enterprise Drive
Round Rock, TX 78664
2
With a copy to:
If to Continental:
With a copy to:
If to MDSR:
Stephan L. Sheets
Sheets & Crossfield, P. C.
309 East Main Street
Round Rock, TX 78664
Continental Homes of Texas
Attention: Scott Rodgers
12554 Riata Vista Circle, Second Floor
Austin, TX 78727
Jackson Walker, L.L.P.
Attention: Timothy C. Taylor
100 Congress, Suite 1100
Austin, TX 78701
MDSR GP
Attention: Blake Magee
1011 North Lamar Blvd.
Austin, TX 78703
11. Termination. This Agreement shall automatically terminate and be of no further force
and effect if the Contributions set forth in Section 2 above are not received by the City within the
required time period provide therein.
12. Miscellaneous.
(a) Force Majeure. Neither the City, Continental nor MDSR 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 all parties, which consent shall not be unreasonably, withheld, conditioned or
delayed.
(c) Modification. This Agreement may not be modified or amended except by a
subsequent agreement in writing signed by all 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 Exhibits "A" and "B" 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.
3
(I) 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
ATTEST:
Christine R. Martinez, City Secretary
day of , 2004.
CITY OF ROUND ROCK
By:
Date:
Nyle Maxwell, Mayor
CONTINENTAL HOMES OF TEXAS, L.P.,
a Texas Limited Partnership
By: CHTEX of Texas, Inc.,
a Delaware Corporation
Its ,entral Partner
By:
Name: ' RIc44Prp.9 Apart.
Title: kh — A2-ESID t r!'
Date:
4
MDSR GP, INC.,
a Texas Corporation
By:
Name:
Title:
Date:
5
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DATE: June 4, 2004
SUBJECT: City Council Meeting - June 10, 2004
ITEM: 13.C.2. Consider a resolution authorizing the Mayor to execute a Cost
Sharing Agreement with MDSR GP, Inc. and Continental Homes
of Texas, L.P. for the design and construction of the Stone Oak
Booster Pump Station Project.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Director of Utilities
Justification: The City has experienced low water pressure in the Preserve at Stone
Oak Subdivision north of FM 1431. A booster pump station with a
hydropneumatic tank will be designed and built to pump from the
existing 1431 standpipe and increase the water pressure for
approximately 720 lots in the Preserve at Stone Oak and Village at
Mayfield Ranch subdivisions on the northwest side of the City.
Because these subdivisions are under construction, the developers
have agreed to contribute $50,000 each to the water system
improvements. The estimated construction cost for this project is
$221,000.
Funding:
Cost: N/A
Source of Funds: N/A
Outside Resources:
Gray Jansing & Associates (Engineering Consultant)
Blake Magee Company (Developer Villages at Mayfield Ranch)
Continental Homes (Developer Preserve at Stone Oak)
Background Information:
Public Comment: N/A
The booster pump station will improve the water system
pressure and fire flow in the Preserve at Stone Oak and
Village at Mayfield Ranch subdivisions. The developers
from these new subdivisions are currently developing in
these areas and have agreed to contribute to the design
and construction of these water system improvements.
Executed
Document
Follows
COST SHARING AGREEMENT
This COST SHARING AGREEMENT (the "Agreement") is executed to be effective the
/0 day ofQ� jJ, 2004 (the "Effective Date"), by and among the City of Round Rock, a
Texas home -rule municipal corporation (the "City"), MDSR GP,INC., a Texas corporation
("MDSR") and Continental Homes of Texas, L.P., a Texas limited partnership ("Continental").
RECITALS:
WHEREAS, MDSR is the owner of a tract of land more particularly described in Exhibit
"A", attached hereto and incorporated herein (the "Mayfield Property"); and
WHEREAS, MDSR is developing the Mayfield Property as a residential subdivision
known as Villages at Mayfield Ranch, Phases 1, 2 and 4; and
WHEREAS, Continental is the owner of a tract of land more particularly described in
Exhibit "B", attached hereto and incorporated herein (the "Stone Oak Property"); and
WHEREAS, Continental is developing the Stone Oak Property as a residential
subdivision known as the Preserve at Stone Oak, Phase 3, Section 4 and Phase 4, Section 2; and
WHEREAS, the City desires to build a booster pump station ( the "Project") to service
the Mayfield Property and Stone Oak Property (collectively, the "Properties") and the
surrounding area; and
WHEREAS, Continental and MDSR agree to participate with the City in the cost of the
Project; and
WHEREAS, the City, Continental and MDSR desire to enter into this Agreement to set
forth in writing certain covenants and agreements;
NOW, THEREFORE, that for and inconsideration of the mutual covenants contained
herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, the City, Continental and MDSR agree as follows:
AGREEMENT
1. Project. The Project will consist of the construction of a booster pump station, with a
pressure relief valve, and a hydropneumatic tank that shall be located adjacent to the 1431 Stand
Pipe in the Stone Oaks Subdivision.
2. Contributions. Continental and MDSR agree to each contribute $50,000.00 for
construction of the Project. The costs to construct the Project are referred to as the
"Contributions." The City agrees that the Contributions provided by Continental and MDSR
04-0 640 - /3Cz
1
constitute the entire Contributions required from Continental and MDSR to participate in the
Project.
3. Payment of Contributions. Continental and MDSR agree to deposit with the City their
agreed upon Contributions within sixty (60) days after the Effective Date.
4. Agreement to Construct. The City agrees to construct the Project in accordance with the
approved plans and specifications for such Project and in accordance with all applicable laws and
regulations.
5. Project Manager. Continental and MDSR agree that the City will serve as the Project
Manager for all aspects of the Project at no additional cost to Continental or MDSR.
6. Commencement and Completion of Project. The City agrees that construction of the
Project will commence no later than six (6) months after the Effective Date and will be
completed no later than twelve (12) months from the Effective Date.
7. Reimbursement. If the Project is not built by the City due to relocation of the Project or
other circumstances, including failure by the City to complete the Project within the time
limitation set forth in Section 6 above. The City agrees to reimburse, without interest,
Continental and MDSR their respective Contributions in their entirety.
8. Phased Project. The parties agree that the Project is the first phase of a phased project the
City is constructing to service the area and no additional contributions are required from
Continental or MDSR for the City's phased project.
9. 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. In no event will any of the parties
hereto be liable or responsible for any contractual, tortuous, or other liability, obligation, or debt
of any other party, whether a party to this Agreement or otherwise.
10. 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 10, the addresses of the parties for all
notices are as follows:
If to the City: The City of Round Rock
Attention: Tom Clark, Director of Utilities
2008 Enterprise Drive
Round Rock, TX 78664
2
With a copy to:
If to Continental:
With a copy to:
If to MDSR:
Stephan L. Sheets
Sheets & Crossfield, P. C.
309 East Main Street
Round Rock, TX 78664
Continental Homes of Texas
Attention: Scott Rodgers
12554 Riata Vista Circle, Second Floor
Austin, TX 78727
Jackson Walker, L.L.P.
Attention: Timothy C. Taylor
100 Congress, Suite 1100
Austin, TX 78701
MDSR GP
Attention: Blake Magee
1011 North Lamar Blvd.
Austin, TX 78703
11. Termination. This Agreement shall automatically terminate and be of no further force
and effect if the Contributions set forth in Section 2 above are not received by the City within the
required time period provide therein.
12. Miscellaneous.
(a) Force Majeure. Neither the City, Continental nor MDSR 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 all parties, which consent shall not be unreasonably, withheld, conditioned or
delayed.
(c) Modification. This Agreement may not be modified or amended except by a
subsequent agreement in writing signed by all 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 Exhibits "A" and "B" 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.
3
(0 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 ID day of
TTEST:
,1
Christine R. Martinez, City Secretary
CITY
By:
Date:
2004.
:FRIU1'
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CONTINENTAL HOMES OF TEXAS, L.P.,
a Texas Limited Partnership
By: CHTEX of Texas, Inc.,
a De . ware Corporation
Itse'en al Partner
By:
Name:
Title:
Date:
l;i u! ARS A4/..i€.
VIC.E-P ES►AE1.Yr
4
MDSR GP, INC.,
a Texas Corporation
By:
Name: ‘i'
� t
Title: 'c.,.ac.rA
Date: 5- la,-
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