CM-2018-1717 - 5/18/2018ELECTRONICALLY RECORDED 2018045013
Williamson County, Texas Total Pages: 13
MAINTENANCE AGREEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
S&
This Maintenance Agreement (the "Agreement") is made effective as of this day of
2018 (the "Effective Date") by and between the CITY OF ROUND ROCK,
TEXAS, a home -rule municipal corporation located in Williamson County, Texas (the "CITY"),
and ROUND ROCK RESIDENCES, LLC, a Delaware limited liability company, its successors,
agents or assignees ("RRR") (collectively, the "PARTIES"), and is as follows:
RECITALS:
WHEREAS, The CITY is the owner of a 0.045 acre, or 1,978 square feet tract of land
situated in the Abel L. Eaves Survey, Abstract No. 215, being out of a called 0.836 acre tract
conveyed to the City of Round Rock in Document No. 2012085012 of the Official Public Records
of Williamson County, Texas, in the City of Round Rock, Williamson County, Texas; said 0.045
acre tract being more fully described in the field notes attached hereto as Exhibit "A" and made a
part hereof for all purposes (the "City Tract"); and
WHEREAS, RRR is the owner of a 4.354 acre tract being out of a called 98.20 acre tract
conveyed to SBB Holdings, LLC, recorded in Document No. 2008021486 of the Official Public
Records of Williamson County, Texas, situated in the Abel Eaves Survey, Abstract No. 215 in
Williamson County, Texas; said 4.354 acre tract being more fully described by metes and bounds
in the field notes attached hereto as Exhibit "B" and made a part hereof for all purposes (the "RRR
Tract"). The RRR Tract lies adjacent to and to the west of the City Tract; and
WHEREAS, RRR has previously constructed a drainage facility and retaining wall upon
the City Tract; and
WHEREAS, in exchange for RRR's use of the City Tract for drainage, the CITY requires
that RRR agree to maintain the City Tract and to indemnify the City from any damages to the
drainage facility and retaining wall; and
NOW, THEREFORE, in consideration of the premises; in furtherance of the mutual
benefits to be derived by the general public and the residents and owners of the RRR; and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the CITY and RRR agree as follows:
RB 4 US 17 re I
2018045013 Page 2 of 13
I. RECITALS ADOPTED
The recitals set out above in this instrument are hereby adopted in whole as though each
were set out herein.
2. THE CITY TRACT
2.1. Landscape Maintenance by RRR. RRR agrees, at the sole cost and expense of
RRR, to provide general routine landscape maintenance of the City Tract, including, but not
limited to, regular mowing, edging, trimming of shrubs, weed control, and garbage collection. In
the event that RRR fails to maintain the City Tract in compliance with the Code of Ordinances of
the City of Round Rock (the "Code"), the CITY may undertake the landscape maintenance, and
RRR agrees to pay all costs incurred by the CITY and have all costs of landscape maintenance
included as a charge on RRR's City of Round Rock Utility bill or invoice. In the event RRR does
not pay such bill when due, RRR agrees that the City shall have the right to exercise all collection
efforts provided for delinquent utility bills.
2.2. Maintenance of Retaining Wall by RRR. RRR agrees, at the sole cost and expense
of RRR, to provide maintenance, alteration, repair, rebuilding, and patrol of the retaining wall
facilities currently constructed on the City Tract (collectively the "Facilities"). In the event the
Facilities are damaged, RRR shall repair the Facilities to bring them to then -current engineering
and municipal construction standards, regardless of the cause of the damage. If RRR fails to fully
repair damage to the Facilities, RRR agrees that the CITY may repair the Facilities, and RRR
agrees to pay all costs incurred by the CITY within thirty (30) days of receipt by RRR of an invoice
from the CITY after the completion of the repair work. RRR agrees that should RRR fail to timely
pay the CITY's costs, the CITY may include the costs as a charge on RRR's City of Round Rock
Utility bill or invoice. In the event that RRR does not pay such bill when due, RRR agrees that the
City shall have the right to exercise all collection efforts provided for delinquent utility bills.
3. CITY RIGHTS TO THE CITY TRACT
3.1. This Agreement is expressly subject and subordinate to the present and future right
of the CITY, its successors, assignees, lessees, grantees, and licensees, to construct, install,
establish, maintain, use, operate, and renew any public utility facilities, or franchised public
utilities, beneath or above the surface of the City Tract.
3.2. Nothing in this Agreement shall be construed to limit in any way the power of the
CITY to alter or improve the City Tract pursuant to official action by the CITY or its successors.
2018045013 Page 3 of 13
4. INDEMNIFICATION
RRR AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY AS WELL AS ITS
EMPLOYEES, AGENTS, ELECTED OFFICIALS, AND CONTRACTORS, FROM AND AGAINST
ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OR EXPENSES (INCLUDING
REASONABLE ATTORNEY'S FEES) INCURRED FOR ANY CLAIM OR CAUSE OF ACTION
ALLEGED TO THAVE BEEN SUSTAINED IN CONNECTION WITH OR TO HAVE ARISEN OUT
OF OR INCIDENTAL TO THE PERFORMANCE OF THIS MAINTENANCE AGREEMENT TO THE
EXTENT ARISING FROM THE FAULT OR NEGLIGENCE OF RRR.
5. TERMINATION
Termination. Notwithstanding the City's maintenance rights provided in Section 2.1 and
Section 2.2 of this Agreement, the City may only terminate this Agreement in the event of a
material, uncured breach of this Agreement by RRR. In the event of a material breach of this
Agreement by RRR, the City shall notify RRR in writing of the nature of the breach and RRR shall
have ninety (90) days from the receipt of such notice to cure or otherwise eliminate such cause. If
RRR does not remedy the breach, to the reasonable satisfaction of the City, then the City may
terminate this Agreement by delivering written notice to RRR at the end of the ninety (90) day
period of such termination.
6. MISCELLANEOUS PROVISIONS
8.1 Covenants to Run with the Land. The Parties intend for all the covenants, rights
and responsibilities recited herein run with the land and are binding upon future owners of the
RRR Tract.
8.2 Laws Observance. The RRR shall not do, nor suffer to be done, anything on the
City Tract during the term of this Agreement in violation of the laws of the United States, the State
of Texas, or any of the ordinances of the CITY.
8.3 No Waiver. No waiver by the CITY of any default or breach of any covenant,
condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or
breach of the same or any other covenant, condition, or stipulation hereof.
8.4 Severability. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall
be considered as if such invalid, illegal, or unenforceable provision had never been contained
herein.
8.5 Notice. Any notices required or appropriate under this Agreement shall be given
in writing to the RRR and to the CITY at the following addresses:
RRR's Address: Round Rock Residences, LLC
2204 Lakeshore Drive, Suite 450
Birmingham, Jefferson County, Alabama 35209
392255 THC
2018045013 Page 4 of 13
CTTY's Address: City of Round Rock, Texas
Attn City Manager
221 East Main Street
Round Rock, Williamson County, Texas 78664
8.6 Headings. The paragraph headings contained herein are for convenience of
reference and are not intended to define, extend, or limit any provisions • this Agreement.
8.7 Jurisdiction and Venue. This Agreement will be interpreted according to the
Constitution and laws • the State of Texas. Venue • any court action brought directly or
indirectly by reason of this Agreement shall be in Williamson County, Texas. This Agreement is
made and is to be performed in Williamson County, Texas, and is governed by the laws • the
State of Texas.
8.9 Entire Agreement. This Agreement and addenda contain the final and entire
agreement between the PARTIES hereto and contains all of the terms and conditkm&--@mAw&Y"v-r,
?nd supersedes all other agreements, oral or otherwise, regarding the maintenance of the Public
the intent of the PARTIES that neither shall be bound by any term, condition, or representation
not herein wrixeT.
(Signatures Next Two Pages)
CITY:
The City of Round Rock, Texas,
a Texas Municipal Corporation
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY WILLIAMSON
2018045013 Page 5 of 13
This instrument was acknowledged before me on this the day of
2018 by Y,' - he City Aound Rock,
Te as for W purposes d consideration recited therein.
�� Notary ubIic, State of
CO
i �qrF OF
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2018045013 Page 6 of 13
AGREEMENT AND ACCEPTANCE BY RRR:
Round Rock Residences, LLC,
a Delaware Limited Liability Company
By: Round Rock Investment Partners, LLC,
an Alabama Limited Liability Company, Manager
By: LIV Round Rock, LLC,
an Alabama Limited Liability Cp: Wany, Manager
am
STATE OF _"A"A
COUNTY OF
q
E
, Manager
This instrument was acknowledged before me on this the a0day of
, 201by ROBERT B. CRUMPTON, III, Manager of LIV Round Rock,
LLC, an Alabama limited liability company, Manager of Round Rock Investment Partners,
LLC, an Alabama Limited Liability Company, Manager of Round Rock Residences, LLC,
a Delaware Limited Liability Company for the purposes and consideration recited therein.
&1JUGV PA.N'1 M H
Notary P lic, State of v
My Commission Expires
June 24, 2019 m uJ
After recording return to: ®'•,;� S7�T +P� �••�•
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
2018045013 Page 7 of 13
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ACKNOWLEDGEMENT
THE STATE OF
COUNTY OF
is ' cnt ac owls ed before me on this da of ri
g y 2018,
by (Name), _--itic) of FIFTH
THIRD BA K, an Ohio king corporation, known to me to be the person whose name is
subscribed to the preceding instrument, and ac owledged to that he/she executed the same
for the purposes and consideration therein state .
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2018045013 Page 8 of 13
EXHIBIT
PAPE-DAWSON q
ENGINEERS
FIELD NOTES
FOR
A 0.045 ACRE, OR 1,978 SQUARE FOOT TRACT OF LAND SITUATED IN THE ABEL L.
EAVES SURVEY, ABSTRACT NO. 215 BEING OUT OF A CALLED 0.836 ACRE TRACT
CONVEYED TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2012085012 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, IN THE CITY OF
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, SAID 0.045 ACRE TRACT BEING
MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH
AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE.
BEGINNING at an iron rod with cap marked "Pate" at the southwest corner of said 0.836 acre
tract, same being the southeast corner of a Remnant Portion of a called 98.20 acre tract conveyed
to SBB Holdings, LP recorded in Document No. 2008021486 of the Official Public Records of
Williamson County, Texas, same being the northeast corner of Lot 1, Block A, Austin
Community College District -Round Rock Campus Phase II recorded in Document No.
2009093774 of the Official Public Records of Williamson County, Texas, also being the
northwest comer of Lot 2, Block A, Austin Community College District Round Rock Campus
recorded in Document No. 2009028011 of the Official Public Records of Williamson County,
Texas for the southwest corner and POINT OF BEGINNING hereof;
THENCE N 17011'12" W, with lite west line of said 0.836 acre tract, same being the east line
of said 98.20 acre tract, a distance of 132.26 feet to an iron rod with cap marked "Inland" found
at the northwest corner of said 0.836 acre tract, same being a point in the east Iine of said 98.20
acre tract, also being a southwest comer of a remnant portion of a called 377.590 acre tract
conveyed to Avery Centre Devco, Inc. recorded in Document No. 2008072220 of the Official
Public Records of Williamson County, Texas for the northwest comer hereof,
THENCE N 72050'17" E, departing the east line of said 98.02 acre tract, with the north line of
said 0.836 acre tract, same being the south line of said Remnant Portion, a distance of 15.00 feet:
to a calculated point for the northeast comer hereof;
THENCE S 17°12'12" E, departing the south line of said Remnant Portion, through the interior
of said 0.836 acre tract, a distance of 131.42 feet to a calculated point in the north line of said
Lot 2, Block A for the southeast comer hereof;
► 08
Austin I Son Antonio I Houston I Fort Worth I 0a)1as
Gi. .
2018045013 Page 9 of 13
1 4,
THENCE S 69037'14" W, with the south line of said 0.836 acre tract, same being the north line
of said Lot 2, Block A, a distance of 15.02 feet to the POINT OF BEGINNING and containing
0.045 acres in the City of Round Rock, Williamson County, Texas. Said tract being described in
accordance with an exhibit prepared by Pepe -Dawson Engineers, Inc. under Job No. 50900-00
by Pape Dawson Engineers, Inc.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: January 12, 2017
JOB No.: 50900-00
DOC.ID.: H:lsurvey\CtVII.150900-001Easements\Word1EX50900.00_0.045Ac SDEsmt.docx
TBPE Firm Registration #470
TBPLS Firm Registration #100288-01
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ENGINEERS
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21
01
LEGEND,
O.P.R. OFFICIAL
ON PUBLIC COUNTYRECORDS OF
WILLIAMS, TEXAS
P.O.S. POINT OF BEGINNING
F.D. FOUND
I.R. IRON ROD
I a ,
NOIES&
1. THE PROFESSIONAL SERVWtC
PROVIDED HEREVATH INCLUDE
PREPARATION OF A FIELDNO
ESCRIPTIO
D 'I
N.
C
2. THE BEARINGS ARE BASED ON
TEXAS COORDINATE SYS
ESTABLISHED FOR THE CENTR
ZONE FROM T14E NORTH AMERIC
DATUM OF 1983 NAD 83 (NA201
EPOCH 2010.00.
3. ADJOINERS ARE F
INFORMATIONAL PURPOSES ONLY.
2018045013 Page 10 of 13
A REMNANT OF
A CALLED 377.590 ACRE TRACT
OWNER: AVERY CENTRE DEVCO, INC.
DOC. NO. 20OB072220
(O.P.R.)
N72950'17"E
. 15.00,
LOT 1, BLOCK A
AUSTIN COMMUNITY COLLEGE
DISTRICT—ROUND ROCK CAMPUS PHASE III
DOC. NO. 2009093774
(O.P.R.)
#lw PAPE-DAWSON
ENGINEERS
AUSTIN I PAR AMPID I H13USTON I FORT WDAIN I PALLAS
TWO NOAL CRUX R", FIE VO W I AUNW, TO 78357 1512454.0?11
TWIF FIRM F19012TRATiCH W91 I Wr O FIRM r4011TRAT.9d 614010001
I
g6993714"W
15.02' LOT 2, BLOCK A
AUSTIN COMMUNITY COLLEGE
DISTRICT—ROUND ROCK CAMPUS
DOC. NO. 2009025011
(O.P.R.)
SHEET I OF I
JANUARY 12, 2017 JOB No.: 50900-00
0.045 ACRE
(1,978 SQUARE FEET)
A CALLED 0.836 ACRE TRACT
OWNER. CITY OF ROUND ROCK
DOC. NO, 2012085012
W,
c%l
(O.P.R.)
ABELEAVES
SURVEY
ABSTRACT NO. 215
LOT 1, BLOCK A
AUSTIN COMMUNITY COLLEGE
DISTRICT—ROUND ROCK CAMPUS PHASE III
DOC. NO. 2009093774
(O.P.R.)
#lw PAPE-DAWSON
ENGINEERS
AUSTIN I PAR AMPID I H13USTON I FORT WDAIN I PALLAS
TWO NOAL CRUX R", FIE VO W I AUNW, TO 78357 1512454.0?11
TWIF FIRM F19012TRATiCH W91 I Wr O FIRM r4011TRAT.9d 614010001
I
g6993714"W
15.02' LOT 2, BLOCK A
AUSTIN COMMUNITY COLLEGE
DISTRICT—ROUND ROCK CAMPUS
DOC. NO. 2009025011
(O.P.R.)
SHEET I OF I
JANUARY 12, 2017 JOB No.: 50900-00
2018045013
I ._o
BEGINNING at a iron rod with cap stamped "Pate" found on xp6in'iJiQ_jh�!ias1 boundary line
of said 98.20 acre Iract, said point being the southwest comer 6F-a-�a]141106 acre tract of land
in deed to tho City of Round Rock, recorded in Document' Ido. 26T�085012 of said Official
Records, same being the northwest Corner of Lot I. BIA, A, _MsIin Community College
District -Round Rock Cinipus, Phase It, a subdivi,$W�_j�c4rxlming'l to the plat recorded in
DoLument No. 2009093774 of said Official Public Ref4ds, f8r,thc southeast comer and POINT
OF BEGINNING hereof;
THENCE with the cost rigill-of.way
(3) courses and distances:
LMMI a
MEMM=
1, 9 603744" W for a distance of 453.75 feel to
set on a i aint in the curving east right-of-way
-il'laf-wv) &% dedicated in Document No.
'44thWc_sr Comer hereof;
said University Village Drive, the following three
t
2. N14057;0T'-K fora dkfahce of 226M feet to a /r' iron rod with c-dp stamped "Papc-
� djnfof curvature hereof, and
111 c ard.4-11 cierve to ihe left finving a rndhiq of 5.43.M fere, anarc length of 328,08
,ef;- S41(a.un"gli of 35'16'02" and a chord which hears N 02,14210311 W for a distance
4_
MZ-Me ' etto an iron rod with cap stamped "RPLS 1730" found on a point in the
UTlhrl� It -0 '
if, �-way line of Satellite View (65' wide right -of -Way) its dedicated in
09curtidni No. 2011058060 of said Official Public records, for a point of reverse
--,"curvature hereof,.
12
I Son Aniouto I 11GUS10-1 I Foil Wollij I oijilas
TMASPOrEsUan I Water Resources I tend Development I Surveying I erwvronnientnl
70M 5.'0%11 Geek 8frd . Wle M WBQ. Austa. TX 72757 1- 517454 E1711 %va PaDa-DjqW.Curn
Page 11 of 13
i��
2018045013
NmdiIlc; 1
4.354 Acres
Job No. 50900 W
Page 2 of 2
THE NCE departing the east right-of-way of said University Village Drive, %vith the soudi ri
of -way line of said Satellite View, (he following two (2) courses and distances:
1. Will] the; arc of a curve to the right having a radius of 20.00 feek an arc len tit ot tm
feet, a delta angle of 89'2923 and a chord which bears N 242315W' E fop 4.41.
28.16 reet to a W' iron rod with cup stamped "Pape -Dawson" set for a polh 1 0 ta; isency
hcreof. and
2. N 69*09'32" E for a distance of 157-60 feel to an iron rod with qd LS
1730 f6lifid on a point in the west boundary line of a called 377.6 M 1itt of land in
dccd go Ayery Centrc Dcvco, Inc., recorded in Documcni N 9 f said
Official Pub[ic Rccrrds. some being the boundary line de 1 1. n,*ar inc
Agreement recorded in Volume 958, Page 772 of the Real rM, 'o 1.1 f,
County, also being the cost boundary line of said 98.20 zt�re traclaid point being the
southeast ierminus of said Satellite View, fo• tmeeli,ereof.,
THENCE whh the west boundary line of said 377,590 a�01 lract�6pie being the cast 6oundafy
line of said 98.20 acm tract, n1so baing -said BoujaiYnd, 1a with the west
boundmy line of said 0.836 acrc iraci, S MY, 'I . dtstp.n&c of 672.40 feet to 1he POINT
OF BEGINNING and containing 4-354 acrqt 16 Will i1n6n County, Texas, Said tract being
described in accordance with a survey made 4n'ilt ound a�d a map prepared tinder Job No.
50900-00 by Pape Dawson Engineers, Inc.
DATE: January 29, 2016
JOB Na;: .50900-00 -
DOC.M- vurveXtY,R4.354acres Ndo)cx
TBPE Firm Regismation #470
T8PL5 Form Registration N 10028861.
N
Page 12 of 13
2018045013 Page 13 of 13
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018045013
Pages- 13 Fee- $65.00
05/25/2018 10.42 AM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Maintenance Agreement with Round Rock
Residences, LLC regarding the use of a drainage facility and retaining wall.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/18/2018
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: LAF.pdf, Map.pdf, Agmt..pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2018-1717
Consider executing a Maintenance Agreement with Round Rock Residences, LLC
regarding the use of a drainage facility and retaining wall.
This agenda item is for an agreement for the maintenance of a drainage easement located
next to the City of Round Rock's reuse elevated storage tank site.
The reuse water elevated storage tank was constructed in 2013. At that time, the layout of
the tank planned for a future 15 -ft drainage easement on the west side of the site. The 15 -ft
drainage easement, located on the City property, would allow for the natural drainage of
the land north of the site and accommodate any possible tank overflows.
Round Rock Residences, LLC purchased the land directly adjacent to the reuse elevated
storage tank. Based on a previous agreement, Round Rock Residences had the right to
use the proposed drainage easement. To accommodate their development, Round Rock
Residences, LCC changed the existing overland drainage swell to an underground pipe.
The land within the easement was raised approximately 4 -ft and a retaining wall was
constructed by Round Rock Residences, LLC within the easement.
The raised elevation of the easement makes the surface maintenance of the easement
difficult for city staff. Additionally, the utility department does not want to be required to
City of Round Rock Page 1 Printed on 5118/2018
Agenda Item Summary Continued (CM -2018-1717)
maintain the retaining wall constructed by the development. Round Rock Residences
agreed to take over maintenance of the surface of the drainage easement including
maintenance to the retaining wall. In addition, Round Rock Residences made changes to
accommodate drainage and overflow from the tank site and agreed to be responsible for
any damaged caused to the retaining wall.
City staff recommends the City enter the maintenance agreement with Round Rock
Residences, LLC for the maintenance of the 15 -ft drainage easement.
City of Round Rock Page 2 Printed on 511612018