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R-14-01-09-F1 - 1/9/2014RESOLUTION NO. R -14-01-09-F1 WHEREAS, The Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and his successors in office ("Diocese") and the City of Round Rock ("City") entered into a Development Agreement on the 14th day of October, 2004, requiring the Diocese to improve a portion of Lake Drive prior to the issuance of building permits; and WHEREAS, the City agrees that this improvement is no longer needed; and WHEREAS, the Development Agreement by and between the City and the Diocese, approved by the City on October 14, 2004, is hereby rescinded, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the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 Rescission of 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 9th day of January, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404;00289259 i EXHIBIT „A„ RESCISSION OF DEVELOPMENT AGREEMENT This Rescission of Development Agreement ("Rescission") is made and entered into on the day of , 2013, by and between the City of Round Rock, Texas, a Texas home rule municipal corporation (the "City") and The Most Reverend Joseph Vasquez, Bishop of the Diocese of Austin, and his successors in office (the "Diocese"). WHEREAS, the Diocese and the City entered into a Development Agreement on the 141h day of October, 2004, requiring the Diocese to improve a portion of Lake Drive prior to the issuance of building permits, and WHEREAS, the City agrees that this improvement is no longer needed. NOW, THEREFORE, the City and the Diocese agree as follows: That the Development Agreement by and between the City and the Diocese, approved by the City on October 14, 2004, is hereby rescinded. Executed to be effective this day of , 2013. CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor ATTEST: Sara White, City Clerk DIOCESE OF AUSTIN By: Rescission of Development Agreement (00287861) f/ The ost Reverend Josep . i. squez, Bishop of the Diocese of Successors in Office City of Round Rock Agenda Item Summary Agenda Number: F.1 Title: Consider a resolution authorizing the Mayor to execute a rescission of Development Agreement with the Diocese of Austin regarding the improvement of a portion of Lake Drive within the St. John Vianney Catholic Church Subdivision. Resolution City Council Type: Governing Body: Agenda Date: Dept Director: Cost: Indexes: Attachments: Department: 1/9/2014 Brad Wiseman, Planning and Development Services Director $0.00 Resolution, Exhibit A Planning and Development Services Department Text of Legislative File 14-1006 At the time this agreement was executed, the City was contemplating annexation of the Indian Meadows area. In order to alleviate the cost burden incurred by the City resulting from this annexation, a development agreement was executed with the Church. This agreement required the Church to make improvements to Lake Drive prior to expanding their facility. After further analysis by Planning, Utilities, and Transportation, the aformentioned annexation is no longer being contemplated. In addition, it has been discovered that Lake Drive is a private drive. Therefore, the Church is requesting recission of the agreement in order to proceed forward with a proposed parking lot on their property without having to provide improvements to Lake Drive. Approval. City of Round Rock Page 1 Printed on 1/7/2014 EXECUTED ORIGINAL DOCUMENT FOLLOW day of RESCISSION OF DEVELOPMENT AGREEMENT This Rescission of Development Agreement ("Rescission") is made and entered into on the9411 , 2.9+3, by and between the City of Round Rock, Texas, a Texas home rule municipal corporation (the "City") and The Most Reverend Joseph Vasquez, Bishop of the Diocese of Austin, and his successors in office (the "Diocese"). WHEREAS, the Diocese and the City entered into a Development Agreement on the 14th day of October, 2004, requiring the Diocese to improve a portion of Lake Drive prior to the issuance of building permits, and WHEREAS, the City agrees that this improvement is no longer needed. NOW, THEREFORE, the City and the Diocese agree as follows: That the Development Agreement by and between the City and the Diocese, approved by the City on October 14, 2004, is hereby rescinded. Executed to be effective this 9 day of 'tib h(44 ,--20-11'. CITY OF ROUND ROCK, TEXAS ATTEST: quittk (A064 - Sara White, City Clerk Rescission of Development Agreement (00287861) Z- tr-- o[ -O5 By: / V? ? A-----. Alan McGraw, Mayor DIOCESE OF AUSTIN By: The ' ost Reverend Josep �,�. squez, Bishop of the Diocese of Successors in Office