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R-2014-1347 - 4/24/2014RESOLUTION NO. R-2014-1347 WHEREAS, the City of Round Rock wishes to enter into a Cost Sharing Agreement ("Agreement") with the Chandler Creek, L.P. regarding the realignment of Cypress Boulevard Project; 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 the Chandler Creek, L.P., 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 24th day of April, 2014. ATTEST: rAVAIr7 SARA L. WHITE, City Clerk 0112.1304,00296763 ALAN MCGRAW, Mayor City of Round Rock, Texas EXHIBIT II All COST SHARING AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS COST SHARING AGREEMENT ("Agreement") is entered into between the City of Round Rock, Texas, a Texas home -rule city ("City"); and the Chandler Creek, L.P., ("Developer"). In this Agreement, Round Rock, and Developer are sometimes individually referred to as " Party" and collectively referred to as "Parties". Recitals WHEREAS, City is coordinating with the Developer regarding the re -alignment of Cypress Boulevard; and WHEREAS, City and Developer desire to install a Wastewater line (Wastewater Line) within the realigned Cypress Boulevard right-of-way, at the location shown in Exhibit "A", attached hereto; and WHEREAS, Developer is willing to share with the City in the costs of the installation of the Wastewater Line, as stated herein; and NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: II. TERMS 1.01 Design. Developer agrees to be responsible for 50% of the costs for the design of the Wastewater Line prepared by Klotz and Associates. The final design must be approved and accepted by the City. 1.02 Bid Documents. The Wastewater Line installation shall be included as a bid alternate in the bid specifications for the relocation of Cypress Boulevard. 1.03 Sharing of Costs. Developer agrees to pay the City 50% of the alternate bid amount for the Wastewater Line. Developer agrees to pay this amount to the City within ten (10) days after receipt by Developer of a written request for the same. If any change orders are approved by the City regarding the alternate bid amount for the Wastewater Line, Developer agrees to pay 50% of said change order amount within ten (10) days after receipt of a written request for the same. Cypress wastewater line Cost Sharing Agreement 3-12-14 (00294519-2x AO8F8)_docx 1.04 Dispute Resolution. In the event of any dispute among the Parties, the Parties agree to work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the Cypress Boulevard relocation.. The Parties agree that time is of the essence in this matter. II. GENERAL PROVISIONS 2.01 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. 2.02 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 2.03 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Wastewtaer Line and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. 2.04 Amendments. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of the Parties. 2.05 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Williamson County, Texas. 2.06 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 2.07 Exhibit. The following exhibit is attached to this Agreement and incorporated herein by reference: Exhibit A - Wastewater Line location 2.08 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute the same instrument. 2.09 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. 2 ATTEST: Sara White, City Clerk STATE OF TEXAS COUNTY OF WILLIAMSON § § § CITY OF ROUND ROCK: By: Date: Alan McGraw, Mayor Chandler Creek, L.P. By: Date: its On this day of , 2014, before me, the undersigned notary public, personally appeared Alan McGraw, Mayor of the City of Round Rock, Texas, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein stated. Notary Public, State of Texas 3 STATE OF COUNTY OF § § § On this day of , 2014, before me, the undersigned notary public, personally appeared , of Chandler Creek, L.P., known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein stated. Notary Public, State of 4 EXECUTED DOCUMENT FOLLOW COST SHARING AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS COST SHARING AGREEMENT ("Agreement") is entered into between the City of Round Rock, Texas, a Texas home -rule city ("City"); and the Chandler Creek, LP, a Delaware limited partnership, ("Developer"). In this Agreement, Round Rock, and Developer are sometimes individually referred to as " Party" and collectively referred to as "Parties". Recitals WHEREAS, City is coordinating with the Developer regarding the re -alignment of Cypress Boulevard; and WHEREAS, City and Developer desire to install a Wastewater line (Wastewater Line) within the realigned Cypress Boulevard right-of-way, at the location shown in Exhibit "A", attached hereto; and WHEREAS, Developer is willing to share with the City in the costs of the installation of the Wastewater Line, as stated herein; and NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: II. TERMS 1.01 Design. Developer agrees to be responsible for 50% of the costs for the design of the Wastewater Line prepared by Klotz and Associates. The final design must be approved and accepted by the City. 1.02 Bid Documents. The Wastewater Line installation shall be included as a bid alternate in the bid specifications for the relocation of Cypress Boulevard. 1.03 Sharing of Costs. Developer agrees to pay the City 50% of the alternate bid amount for the Wastewater Line. Developer agrees to pay this amount to the City within ten (10) days after receipt by Developer of a written request for the same. If any change orders are approved by the City regarding the alternate bid amount for the Wastewater Line, Developer agrees to pay 50% of said change order amount within ten (10) days after receipt of a written request for the same. 2014.04 07 Cypress wastewater line Cost Sharing Agreement 3-12-14 (00294519xA08F8) CCLP. docs R-2014-1347 1.04 Dispute Resolution. In the event of any dispute among the Parties, the Parties agree to work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the Cypress Boulevard relocation.. The Parties agree that time is of the essence in this matter. II. GENERAL PROVISIONS 2.01 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. 2.02 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 2.03 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Wastewtaer Line and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. 2.04 Amendments. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of the Parties. 2.05 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Williamson County, Texas. 2.06 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 2.07 Exhibit. The following exhibit is attached to this Agreement and incorporated herein by reference: Exhibit A - Wastewater Line location 2.08 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute the same instrument. 2.09 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. 2 ATTEST: Sara White, City Clerk CITY OF ROUND ROCK: Date: Alan McGraw, Mayor 4.l4.(' STATE OF TEXAS § COUNTY OF WILLIAMSON § On this 20' day of %PR1 L-_ , 2014, before me, the undersigned notary public, personally appeared Alan McGraw, Mayor of the City of Round Rock, Texas, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein stated. Notary Publ. 3 as CHANDLER CREEK, LP, a Delaware limited partnership By: Chandler Creek Company, a Delaware corporation, General Partner By: Date: 4 President y/ 7' y Bn Burke CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /,� n County of Mil } On -WM \ 141 2-) 4 before me, C • Date �(Here Insert Name and Title oft icer personally appeared i tan ' r �`'P Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personN whose name) is/ally subscribed to the within instrument and acknowledged to me that he/site/they executed the same in his/her/th4ir authorized capacity(ibs), and that by his/Itr/th' it signature(') on the instrument the person), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature OPTIONAL hand and official s Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document(S ��fy,/J Q/j/j Title or Type of Document: rt s+ ha v i �19-- Ct Y 1 / ` e "' U Document Date: Signer(s) Other Than Named Above: Number of Pages: klon. friyavv Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here t/:�✓,4�'✓, v:�:�:�:v:�i�:�:�i�:�:�ti�.�ti•v :�:���.�:�:�:�.�:�:�:�S�S��A'�. �iV i�:�S�i�:�:�.�:�:�.�:� ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item 85907 Reorder: Call Toll -Free 1-800-876-6827