R-12-02-23-8C1 - 2/23/2012 RESOLUTION NO. R-12-02-23-8C1
WHEREAS, Fellowship at Forest Creek Church ("Owner") is the owner of three tracts of
abutting property ("Property") near the intersection of Gattis School Road and Westview Drive; and
WHEREAS, Owner desires to receive City services; and
WHEREAS, the City of Round Rock ("City") desires to provide City services to the Property;
and
WHEREAS,the City and Owner desire to enter into a Development Agreement to stipulate the
terms and conditions of 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 the attached
Development Agreement, 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 23rd day of February, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
O:\wdox\SCClnts\0112\1204\MUNICIPAL\00243481.DOC/rmc
EXHIBIT
A»
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement') is made by and between the
FELLOWSHIP AT FOREST CREEK CHURCH hereinafter called the"Owner",and the CITY OF
ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly
authorized officials.
WITNESSETH:
WHEREAS,the Owner is the owner of three tracts of abutting property land near the intersection of
Gattis School Road and Westview Drive and as described in Exhibit"A",attached hereto(Tracts
"A","B",and "C",collectively the"Property"); and
WHEREAS,Owner desires to receive City services; and
WHEREAS, the City desires to provide City services to the Property, contingent upon Owner
complying with the terms and conditions of this Agreement; and
NOW,THEREFORE,in consideration of the mutual covenants and agreements of the parties hereto,
to be by them respectively kept and performed as hereinafter set forth, Owner and City do hereby
agree as follows:
Article 1.
Phase 1
1.1 Phase 1 Development. Phase 1 is the development of Tract A,as shown on Exhibit
"A„
1.2 Waterline Extension . The Owner agrees to extend a twelve inch (12") waterline
main across Westview Drive to the western edge of Tract A as generally depicted on
Exhibit"B",attached hereto,prior to issuance of building permits. This extension
will allow for domestic water service and a connection for the fire protection
sprinkler system to the existing building on Tract A and other appropriate fire
protection devices such as fire hydrants, per City specification.
1.3 Water Impact Fees. Simultaneous with the issuance of building permits,the Owner
agrees to pay water impact fees of$4,446 per living unit equivalent (LUE) based
upon the size of the required meter necessary to serve the existing structure on Tract
A.
1.4 Annexation Petition/Zoning. The Owner agrees to file a petition requesting
annexation into the City for Tracts B and C as shown on Exhibit "A" prior to the
issuance of building permits. Concurrently with the annexation,the City agrees to
process original zoning application for Tracts B and C at no cost to the Owner. The
1
staff recommended zoning will be PF3(Public Facilities—High Intensity).A Traffic
Impact Analysis(TIA)will not be required for zoning Tracts B and C. Assignment
of the original zoning does not preclude the Owner from requesting a zone change in
the future. The Owner will maintain the right to use Tracts B and C for overflow
parking with no requirement from the City to upgrade any portion in regard to
pavement,zoning,or traffic until such time that the Owner engages in development
on Tract B or C,respectively.
1.5 Building Permits. If Owner complies with all of the conditions listed above and any
other applicable requirements,the City will issue two building permits allowing for
the provision of water service and the associated sprinkler line infrastructure to the
existing structure on Tract A.
1.6 Existing Buildings. The Owner may continue to utilize the existing buildings on
Tract A for worship or for accessory uses,regardless of any new buildings built on
Tracts A, B or C.
Article 2.
Phase 2
2.1 Phase 2 Development. Phase 2 is the development of Tracts B and C as shown on
Exhibit"A"or any expansion to the existing structure on Tract A.
2.2 Traffic Impact Analysis. The Traffic Impact Analysis (TIA) for Phase 2 shall be
waived by the City if all of the following conditions are met:
a)the site retains its current use, and
b)any development that generates not more than 100 trips at the peak hour from the
Property.
2.3 Platting. Prior to any expansion of the existing structure on Tract A,the Owner shall
plat Tract A.
2.4 Septic System.
2.4.1 The Owner may continue to utilize the existing septic system on Tract A,
however no expansion of the system will be allowed.
2.4.1 Prior to any expansion of the existing structure on Tract A, the Owner is
responsible for obtaining a licensed Civil Engineer who shall analyze the
existing septic system to determine whether or not the system is adequately
sized to meet the intended expansion. If it is determined that the existing
septic system is inadequate to serve the expansion,then the Owner shall be
required to tie into and extend an eight inch(8")gravity wastewater line from
the existing City system to the western boundary of Tract C, as generally
depicted on Exhibit"B".
2
2.5 Building Permits.Conditioned upon compliance with the above conditions and any
other applicable City requirements,building permits will be issued for any expansion
related to Tract A.
Article 3.
Miscellaneous
3.1 Mutual Assistance. The City and the Owner will do all things reasonably necessary
or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each
other in carrying out such terms and provisions of this Agreement.
3.2 Representations and Warranties. The City represents and warrants to the Owner that
this Agreement is within its authority,and that it is duly authorized and empowered to enter into this
Agreement, unless otherwise ordered by a court of competent jurisdiction. Owner represents and
warrants to the City that it has the requisite authority to enter into this Agreement.
3.3 Default. If either the City or the Owner should default in the performance of any
obligations of this Agreement,the other party shall provide such defaulting party written notice of
the default,and a period of thirty(30)days to cure such default,provided,however,if the nature of
the default does not involve the payment of money and is such that it cannot be reasonably cured
within thirty(30)days,then the defaulting party shall have such time as is reasonably necessary to
cure the default so long as the cure is commenced in thirty (30) days and diligently pursued to
completion,prior to instituting an action for breach or pursuing any other remedy for default. If the
defaulting party remains in default after notice and opportunity to cure, the non-defaulting party
shall have the right to pursue any remedy at law or in equity for the defaulting party's breach.
3.4 Attorney's Fees. In the event any legal action or proceeding is commenced between
the City and the Owner to enforce provisions of this Agreement and recover damages for breach,the
prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and
expenses incurred by reason of such action,to the extent allowed by law.
3.5 Entire Agreement. This Agreement contains the entire agreement between the
parties. This Agreement may only be amended,altered or revoked by written instrument signed by
the City and the Owner.
3.6 Bindinp,Effect. This Agreement shall be binding on and inure to the benefit of the
parties,their respective successors and assigns.
3.7 Assignment. The obligations of Owner hereunder shall run with the land.
3.8 Amendment. This Agreement may be amended by the mutual written agreement of
the parties.
3.9 Notice. Any notice and or statement required and permitted to be delivered shall be
deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the
3
same in the United States mail,certified with return receipt requested,postage prepaid,addressed to
the appropriate party at the following addresses:
Owner: Monte Tomasino
Fellowship at Forest Creek Church
3379 Gattis School Rd.
Round Rock,TX 78664
Ph: 512.255.8972
City: Alan McGraw,Mayor
City of Round Rock
221 East Main St.
Round Rock,TX 78664
Ph: (512)218-5400
Fx: (512)218-7097
with a copy to: City Attorney
309 East Main St.
Round Rock, TX 78664
Ph: (512)255-8877
Fx: (512)255-8986
Either party may designate a different address at any time upon written notice to the
other party.
3.10 Interpretation. Each of the parties has been represented by counsel of their choosing
in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial
draft of this Agreement,this Agreement shall,in the event of any dispute,however its meaning or
application,be interpreted fairly and reasonably and neither more strongly for or against any party.
3.11 Applicable Law. This Agreement is made, and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County, Texas.
3.12 Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws,and in that event,it is the intention of the parties that the
remainder of this Agreement shall not be affected. It is also the intention of the parties of this
Agreement that in lieu of each clause and provision that is found to be illegal, invalid or
unenforceable,a provision be added to this Agreement which is legal,valid or enforceable and is as
similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
3.13 Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various and several
paragraphs.
4
3.14 No Third Party Beneficiaries. This Agreement is not intended to confer any rights,
privileges, or causes of action upon any third party.
3.15 Exhibits. The following Exhibits are attached and incorporated by reference for all
purposes:
Exhibit"A" Property Description
Exhibit`B" Utility Phasing
3.16 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof
are not intended to and shall not be deemed to create any partnership or joint venture among the
parties. The City,its past,present and future officers,elected officials,employees and agents of the
City, do not assume any responsibilities or liabilities to any third party in connection with the
development of the Project or the design,construction or operation of any portion of the Project.
3.17 Effective Date. This Agreement becomes effective when signed by the last party
whose signature makes this Agreement fully executed.
IN WITNESS WHEREOF,OWNER AND THE CITY have executed duplicate counterparts
to effectuate this Agreement to be effective as of the last date of due execution.
[Signatures on the following page.]
5
FELLOWSHIP AT FOREST CREEK
CHURCH
By:
Date:
THE CITY OF ROUND ROCK,TEXAS
By:
Alan McGraw,Mayor
Date:
6
EXHIBIT A
EXHIBIT B
ROUNDROCK,TEXAS C1 Council Agenda Summar Sheet
PURPOSE.PASSION.PROSPERITY.
Agenda Item No. 8C1.
Consider a resolution authorizing the Mayor to execute a Development Agreement
between the City and the Fellowship at Forest Creek Church regarding annexation,zoning,
Agenda Caption: platting,and utilities.
Meeting Date: February 23,2012
Department: Planning and Community Development
Staff Person making presentation: Peter Wysocki
Planning and Community Development Director
Item Summary:
Fellowship at Forest Creek Church was originally constructed while the property was outside the City limits. The
Church was approved by the County to be on a well and a septic system. Approximately 10 years ago,the well went
bad and the City accommodated the Church by connecting a construction meter to a nearby fire hydrant,which then
fed into the Church's domestic water supply via a fire hose. The City and the Church agreed that the fire hydrant
connection was temporary and that the Church was required to connect to a permanent water supply. However,
this "temporary" condition remains to date due to the Church's financial constraints. This Development Agreement
allows the Church to reasonably phase water and wastewater lines based on their amount of development.
The Development Agreement is broken into two phases. The initial phase requires the Church to:
a) Extend a waterline main across their current property,
b) Pay water impact fees for a domestic meter,and
c) Annex and zone the two adjacent tracts of land (also Church-owned). The recommended zoning will be PF3,
which allows the current and future use of the tracts as a church with accessory uses.
Phase One also allows the City to issue two building permits for the domestic waterline and the fire protection
sprinkler line.
Phase Two is triggered by any development on the adjacent tracts or expansion of the existing building. With any
expansion of the existing building, the Church is responsible for platting the property and hiring a licensed civil
engineer to analyze the capacity and condition of the existing septic system. If inadequate, the Church would be
responsible for construction of a wastewater main to serve the Church and remove the septic system. Any new
development on the adjoining vacant tracts will be required to connect to City water and wastewater.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing(if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENTS
FOLLOW
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is made by and between the
FELLOWSHIP AT FOREST CREEK CHURCH hereinafter called the"Owner",and the CITY OF
ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly
authorized officials.
WITNESSETH:
WHEREAS,the Owner is the owner of three tracts of abutting property land near the intersection of
Gattis School Road and Westview Drive and as described in Exhibit"A",attached hereto(Tracts
"A","B",and"C",collectively the"Property"); and
WHEREAS, Owner desires to receive City services;and
WHEREAS, the City desires to provide City services to the Property, contingent upon Owner
complying with the terms and conditions of this Agreement; and
NOW,THEREFORE,in consideration of the mutual covenants and agreements ofthe parties hereto,
to be by them respectively kept and performed as hereinafter set forth, Owner and City do hereby
agree as follows:
Article 1.
Phase 1
1.1 Phase 1 Development. Phase 1 is the development of Tract A,as shown on Exhibit
"A"
1.2 Waterline Extension . The Owner agrees to extend a twelve inch (12") waterline
main across Westview Drive to the western edge of Tract A as generally depicted on
Exhibit"B",attached hereto,prior to issuance of building permits. This extension
will allow for domestic water service and a connection for the fire protection
sprinkler system to the existing building on Tract A and other appropriate fire
protection devices such as fire hydrants,per City specification.
1.3 Water Impact Fees. Simultaneous with the issuance of building permits,the Owner
agrees to pay water impact fees of$4,446 per living unit equivalent (LUE) based
upon the size of the required meter necessary to serve the existing structure on Tract
A.
1.4 Annexation Petition/Zoning. The Owner agrees to file a petition requesting
annexation into the City for Tracts B and C as shown on Exhibit"A" prior to the
issuance of building permits. Concurrently with the annexation,the City agrees to
process original zoning application for Tracts B and C at no cost to the Owner. The
1
staff recommended zoning will be PF3(Public Facilities—High Intensity).A Traffic
Impact Analysis(TIA)will not be required for zoning Tracts B and C. Assignment
of the original zoning does not preclude the Owner from requesting a zone change in
the future. The Owner will maintain the right to use Tracts B and C for overflow
parking with no requirement from the City to upgrade any portion in regard to
pavement,zoning,or traffic until such time that the Owner engages in development
on Tract B or C,respectively.
1.5 Building Permits. If Owner complies with all of the conditions listed above and any
other applicable requirements,the City will issue two building permits allowing for
the provision of water service and the associated sprinkler line infrastructure to the
existing structure on Tract A.
1.6 Existing Buildings. The Owner may continue to utilize the existing buildings on
Tract A for worship or for accessory uses,regardless of any new buildings built on
Tracts A, B or C.
Article 2.
Phase 2
2.1 Phase 2 Development. Phase 2 is the development of Tracts B and C as shown on
Exhibit"A"or any expansion to the existing structure on Tract A.
2.2 Traffic Impact Analysis. The Traffic Impact Analysis (TIA) for Phase 2 shall be
waived by the City if all of the following conditions are met:
a)the site retains its current use, and
b)any development that generates not more than 100 trips at the peak hour from the
Property.
2.3 Platting. Prior to any expansion of the existing structure on Tract A,the Owner shall
plat Tract A.
2.4 Septic System.
2.4.1 The Owner may continue to utilize the existing septic system on Tract A,
however no expansion of the system will be allowed.
2.4.1 Prior to any expansion of the existing structure on Tract A, the Owner is
responsible for obtaining a licensed Civil Engineer who shall analyze the
existing septic system to determine whether or not the system is adequately
sized to meet the intended expansion. If it is determined that the existing
septic system is inadequate to serve the expansion,then the Owner shall be
required to tie into and extend an eight inch(8")gravity wastewater line from
the existing City system to the western boundary of Tract C, as generally
depicted on Exhibit"B"
2
2.5 Building Permits.Conditioned upon compliance with the above conditions and any
other applicable City requirements,building permits will be issued for any expansion
related to Tract A.
Article 3.
Miscellaneous
3.1 Mutual Assistance. The City and the Owner will do all things reasonably necessary
or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each
other in carrying out such terms and provisions of this Agreement.
3.2 Representations and Warranties. The City represents and warrants to the Owner that
this Agreement is within its authority,and that it is duly authorized and empowered to enter into this
Agreement,unless otherwise ordered by a court of competent jurisdiction. Owner represents and
warrants to the City that it has the requisite authority to enter into this Agreement.
3.3 Default. If either the City or the Owner should default in the performance of any
obligations of this Agreement,the other party shall provide such defaulting party written notice of
the default,and a period of thirty(30)days to cure such default,provided,however,if the nature of
the default does not involve the payment of money and is such that it cannot be reasonably cured
within thirty(30)days,then the defaulting party shall have such time as is reasonably necessary to
cure the default so long as the cure is commenced in thirty (30) days and diligently pursued to
completion,prior to instituting an action for breach or pursuing any other remedy for default. If the
defaulting party remains in default after notice and opportunity to cure, the non-defaulting party
shall have the right to pursue any remedy at law or in equity for the defaulting party's breach.
3.4 Attorney's Fees. In the event any legal action or proceeding is commenced between
the City and the Owner to enforce provisions of this Agreement and recover damages for breach,the
prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and
expenses incurred by reason of such action,to the extent allowed by law.
3.5 Entire Agreement. This Agreement contains the entire agreement between the
parties. This Agreement may only be amended,altered or revoked by written instrument signed by
the City and the Owner.
3.6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the
parties,their respective successors and assigns.
3.7 Assignment. The obligations of Owner hereunder shall run with the land.
3.8 Amendment. This Agreement may be amended by the mutual written agreement of
the parties.
3.9 Notice. Any notice and or statement required and permitted to be delivered shall be
deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the
3
same in the United States mail,certified with return receipt requested,postage prepaid,addressed to
the appropriate party at the following addresses:
Owner: Monte Tomasino
Fellowship at Forest Creek Church
3379 Gattis School Rd.
Round Rock, TX 78664
Ph: 512.255.8972
City: Alan McGraw, Mayor
City of Round Rock
221 East Main St.
Round Rock, TX 78664
Ph: (512)218-5400
Fx: (512)218-7097
with a copy to: City Attorney
309 East Main St.
Round Rock,TX 78664
Ph: (512)255-8877
Fx: (512)255-8986
Either party may designate a different address at any time upon written notice to the
other party.
3.10 Interpretation. Each of the parties has been represented by counsel of their choosing
in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial
draft of this Agreement,this Agreement shall,in the event of any dispute,however its meaning or
application,be interpreted fairly and reasonably and neither more strongly for or against any party.
3.11 Applicable Law. This Agreement is made,and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County,Texas.
3.12 Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws,and in that event,it is the intention of the parties that the
remainder of this Agreement shall not be affected. It is also the intention of the parties of this
Agreement that in lieu of each clause and provision that is found to be illegal, invalid or
unenforceable,a provision be added to this Agreement which is legal,valid or enforceable and is as
similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
3.13 Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various and several
paragraphs.
4
3.14 No Third Party Beneficiaries. This Agreement is not intended to confer any rights,
privileges, or causes of action upon any third party.
3.15 Exhibits. The following Exhibits are attached and incorporated by reference for all
purposes:
Exhibit"A" Property Description
Exhibit"B" Utility Phasing
3.16 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof
are not intended to and shall not be deemed to create any partnership or joint venture among the
parties. The City,its past,present and future officers,elected officials,employees and agents of the
City, do not assume any responsibilities or liabilities to any third party in connection with the
development of the Project or the design,construction or operation of any portion of the Project.
3.17 Effective Date. This Agreement becomes effective when signed by the last party
whose signature makes this Agreement fully executed.
IN WITNESS WHEREOF,OWNER AND THE CITY have executed duplicate counterparts
to effectuate this Agreement to be effective as of the last date of due execution.
[Signatures on the following page.]
5
FELLOWSHIP AT FOREST CREEK
CHURCH
By:
Date:
THE CITY OF ROUND ROCK,TEXAS
By: a/ / /
Alan McGraw, Mayor
Date:
2 .
6
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