CM-2018-1771 - 7/6/2018PENDING FINAL SIGNATURE
FROM OTHER PARTY
W
WILLIAMSON
COUNTY
1848
__......,_. 1 QA NTV
CONSERVATION FOLINDAHON
WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT (this "Participation Agreement") dated June 8, 2018, is entered into
by CITY OF ROUND ROCK (the "Participant'), and the WILLIAMSON COUNTY
CONSERVATION FOUNDATION, a Texas non-profit corporation (the "Foundation").
BACKGROUND
Williamson County, Texas, and the Foundation are the permittees under federal Endangered
Species Act incidental take permit number TE -181840-1 dated October 21, 2008 (as amended August 30,
2013, hereinafter the "Permit"). The Permit authorizes "take" of certain listed species of wildlife occurring
in Williamson County in exchange for implementation of the Williamson County Regional Habitat
Conservation Plan (the "Plan"). The Foundation/Williamson County administers the Plan, which includes
granting participation rights to applicants who enter into participation agreements. Through participation
in the Plan, a participant receives authority for incidental "take" of listed species covered by the Permit, in
accordance with the terms and conditions of the Permit and this Participation Agreement. Incidental take
means take that results from, but is not the purpose of, carrying out an otherwise lawful activity. Participant
is the owner (or, if under tract is under contract, the reputed owner) of a tract or tracts of land (the
"Property') located in Williamson County, Texas, and described on Exhibit "A" to this Participation
Agreement.
AGREEMENT
I. Grant Of Partici ation Rights And Obligations Of Participant. The
Foundation hereby grants to the Participant the right to participate in the Plan with respect to the
Participant's proposed activities on the Property. Exhibit "B" to this Participation Agreement
describes the Participant's proposed activities and the species to be covered under this Participation
Agreement. The Participant represents and warrants that the activities proposed to be covered
under this Participation Agreement will be carried out in full compliance with all applicable laws
and regulations. This Participation Agreement covers only those activities described on Exhibit
"B". The Participant shall consult with the Foundation before deviating in any material respect
from the described activities. This Participation Agreement is entered into subject to all terms and
conditions of the Permit, the Plan, and applicable law and regulations, and the Participant assumes
and agrees to be bound by all of such terns and conditions, including without limitation those
described on Exhibit "C" to this Participation Agreement.
2. Participation Fee. The Participant has paid to the Foundation the total sum of
$100.00 (One Hundred and No Hundredths Dollars) as calculated in accordance with the Plan
with respect to the Participant's proposed activities on the Property.
1004 00046512 61
3. Right To Inspect. The Foundation, the County, and the U.S. Fish and Wildlife
Service shall have the right to inspect the Property in order to ensure compliance with the terms of
this Participation Agreement.
4. Breach By Participant. The Foundation shall provide Participant written notice
specifying any breach of the terms of this Participation Agreement, and Participant shall have seven
(7) days thereafter, or such other length of time the Foundation agrees in writing, to cure said
breach. The Foundation, at its sole discretion and for good cause, including without limitation
Participant's failure to cure any breach within the applicable timeframe, may terminate this
Participation Agreement. Notification of breach and termination of participation rights shall be
made by the Foundation to the Participant in writing at the address provided in Section 11.
5. Participant's Sole Recourse. In the event that this Participation Agreement is (i)
ineffective or deficient with respect to the Property or Participant's proposed activities for any
reason, or (ii) terminated in accordance with the terms and provisions of this Participation
Agreement, Participant's sole recourse shall be to recover from the Foundation an amount not to
exceed the total sum referenced in Section 2 of this Participation Agreement, upon surrender and
termination of this Participation Agreement by Participant in writing to the Foundation; provided,
Participant shall not be entitled to recover administrative fees from the Foundation.
6. Covenants Run With The Land,• Recordation. Participant agrees that the
covenants provided herein are intended to be binding upon any heirs, successors, and assigns in
interest to the Property. Upon any transfer of any ownership interests to all or part of the Property,
this Participation Agreement shall not terminate as to the Property, but rather shall continue in full
force and effect and shall be fully binding upon any heirs, successors, and assigns in interest to the
Property, or any portion thereof. Upon execution of this Participation Agreement by the Foundation
and Participant, a Memorandum of Participation Agreement in form substantially the same as
attached hereto and incorporated herein for all purposes, shall be signed, acknowledged, and
recorded by the Participant in the Official Public Records of Williamson County, Texas. The
Participant shall promptly provide a copy of the recorded Memorandum of Participation Agreement
to the Foundation.
7. Venue And Choice Of Law. The obligations and undertakings of each of the
parties to this Participation Agreement shall be performable in Williamson County, Texas, and this
Participation Agreement shall be governed by and construed in accordance with the laws of the
United States and the State of Texas.
S. Entirety Of Agreement And Modification. This instrument constitutes the entire
agreement between the parties relating to the rights herein granted and the obligations herein
assumed. Any prior agreements, promises, negotiations, or representations not expressly set forth
in this Participation Agreement are of no force of effect. Any oral representations or modifications
concerning this Participation Agreement shall be of no Farce or effect, excepting a subsequent
modification in writing signed by the party to be charged and expressly approved by an authorized
representative of such party.
9. Non-Assienment . Participant shall not sell, transfer, or assign all or any part of
this Participation Agreement to a party other than a successive owner of all or a portion of the
Property without prior written consent of the Foundation.
1004.00046512 61 1
10. Successors And Assigns. This Participation Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the respective parties hereto, as and where
authorized pursuant to this Participation Agreement.
11. Notice. All notices under this Participation Agreement shall be in writing and shall
be deemed to have been properly given, delivered and received (a) as of the date of delivery if
personally delivered, or (b) as of the date of deposit in the mail system if sent by United States
certified mail, return receipt requested, postage prepaid. For purposes of notices, the addresses of
the parties are as follows
PARTICIPANT:
City of Round Rock, Texas
c/o Laurie Hadley, City Manager
221 East Main Street
Round Rock, TX 78753
Attn: Foundation Application File No. 20180504
Phone: (512) 879-0468
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
c/o Plan Administrator
219 Perry Mayfield
Leander, Texas 78641
Attn: Foundation Application File No. 20180504
Phone: (512) 943-1921
or to such other address as hereafter shall be designated in writing by the applicable party.
12. Term Of Participation Aueement. This Participation Agreement shall
terminate upon the expiration or termination of the Permit.
13. Headings. The headings at the beginning of the various provisions of this
Participation Agreement have been included only in order to make it easier to locate the subject
covered by each provision and are not to be used in construing this Participation Agreement.
14. Number And Gender Defined. As used in this Participation Agreement,
whenever the context so indicates, the masculine, feminine, or neuter gender and the singular or
plural number shall each be deemed to include the others.
(004.000465 1 2.6 )
EXECUTED AS OF THE LAST DAY SET FORTH BELOW.
PARTICEP,
&.
By:
Print Name:
Title:
Date:
FOUNDATION:
By:
Print Name:
Title:
Date:
Exhibit List:
Exhibit "A" — Description of Participant's Property, including GPS coordinates/points (if
available)
Exhibit "B" m. Covered Species and Participant's Proposed Activities Relative to Participation
Agreement
Exhibit "C" — Special Terms and Conditions in Connection with I0(a) Permit #TE
181840-1
Exhibit "D" - Williamson County Regional Habitat Conservation Plan Memorandum of
Participation Agreement Relative to U.S. Fish and Wildlife Service Permit
tOGMG46512.61
EXHIBIT "A"
TO PARTICIPATION AGREEMENT
Description of Participant's Property, including GPS coordinates/ oints if available:
A project site of approximately 0.76 acres in existing right-of-way for RM 1431, at the
intersection of Rm 1431 and Newsom Drive for the installation of traffic control signals and
related controller infrastructure, Round Rock, Williamson County, Texas.
A project location graphic (1 page) and a detailed site graphic (1 page) are attached making
a total of three (3) pages for this Exhibit (including this page).
J004.00046512.6) Exhibit A -I
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(036 00050594 1)Williamson County Participation Application Page 2 of
EXHIBIT "B"
TO PARTICIPATION AGREEMENT
Covered Species and Participant's Proposed Activities Relative to Participation A reement
Provide a summary describing the scope and nature of the proposed activities and uses of the
Property. This summary should provide details regarding the proposed development plan,
including square footage or acreage of limit of construction (limit of construction is any area within
which any type of construction or land disturbance will occur, i.e., area for erosion controls,
driveway, utilities). Attach conceptual plan that identifies the foregoing items.
The proposed project consists of installation of traffic controls and related
controller infrastructure at the intersection of Rm 1431 and Newsom Drive.
Identify which of the following species are covered by this Participation Agreement.
X
Yes
No
Golden-cheeked warbler
X
Yes
No
Black -capped vireo
X-
Yes
No
Bone Cave harvestman
X
Yes
No
Coffin Cave mold beetle
1004 00046512 6) Exhibit B -I
EXHIBIT "C"
TO PARTICIPATION AGREEMENT
Special Terms and Conditions in Connection
with 10(a) Permit #TE —181840-1
On property covered by this Participation Agreement, vegetation clearing activities
within 300 feet of habitat will be conducted outside the GCWA or BCVI breeding
seasons, as applicable, unless breeding season surveys performed by an Endangered
Species Act section 10(a)(1)(A)-permitted biologist indicate that no GCWA or
BCVI are present within 300 feet of the desired activity, or as otherwise approved
on a case-by-case basis by the Service. The breeding season for the GCWA is
March I to August 1. The breeding season for the BCVI is March 15 to September
1.
2. Construction activities within, or within 300 feet of, GCWA or BCVI habitat may
be conducted year round as long as such construction follows permitted clearing,
as referenced above, in a reasonably prompt and expeditious manner indicating
continuous activity.
3. Clearing and construction activities authorized under the Permit shall be consistent
with the current practices recommended by the Texas Forest Service to prevent the
spread of oak wilt.
4. Upon locating a dead, injured, or sick GCWA or BCVI or any other endangered or
threatened species in connection with road construction and other activities
conducted by Participant that are covered by the Permit, Participant is required to
contact the U.S. Fish and Wildlife Service's Law Enforcement Office, in
Georgetown, Texas, (512) 863-5972, for care and disposition instructions. Extreme
care should be taken in handling sick or injured individuals to ensure effective and
proper treatment. Care should also be taken in handling dead specimens to preserve
biological materials in the best possible state for analysis of cause of death. In
conjunction with the care of sick or injured endangered/threatened species, or
preservation of biological materials from a dead specimen, Participant and their
contractor/subcontractor have the responsibility to ensure that evidence intrinsic to
the specimen is not unnecessarily disturbed.
1004 00046512 6) Fxh lblt C-1
WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
MEMORANDUM OF PARTICIPATION AGREEMENT RELATIVE TO
U.S. FISH AND WILDLIFE SERVICE PERMIT(Permit No. TE -181840-1
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF WILLIAMSON §
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
MEMORANDUM OF PARTICIPATION AGREEMENT RELATIVE TO U.S. FISH AND
WILDLIFE SERVICE PERMIT (Permit No. TE -181840-1) (this "Memorandum") is made and
executed by CITY OF ROUND ROCK, TEXAS ("Participant"), effective as of the 8' day of
June, 2018.
WITNESSETH:
1. Permit. Williamson County, Texas, and the Foundation are the permittees under federal
Endangered Species Act incidental take permit number TE -181840-1 dated October 21,
2008 (as amended August 30, 2013, hereinafter the "Permit"). The Permit authorizes
"take" of certain listed species of wildlife occurring in Williamson County in exchange for
implementation of the Williamson County Regional Habitat Conservation Plan (the
"Plan"). The Foundation/Williamson County administers the Plan, which includes
granting participation rights to applicants who enter into participation agreements.
Through participation in the Plan, a participant receives authority for incidental "take" of
listed species covered by the Permit, in accordance with the terms and conditions of the
Permit and the participation agreement entered into by the participant.
2. Participation Agreement; Grant of Participation Rijjhts and Obligations of
Participant. Participant is the owner or easement holder of a tract or tracts of land (the
"Prope ") located in Williamson County, Texas, and described on Exhibit "A" to this
Memorandum. Participant and the Foundation entered into the Williamson County
Regional Habitat Conservation Plan Participation Agreement dated June 8, 2018
("Participation Agreement," Foundation Application File No. 20180504). Under the
Participation Agreement, the Foundation granted to the Participant the right to participate
in the PIan with respect to the Participant's proposed activities on the Property. The
Participation Agreement describes the Participant's proposed activities and the species to
be covered under the Participation Agreement. The Participant also agreed under the
Participation Agreement to assume and agree to be bound by all terms and conditions of
the Permit, the Plan, and all applicable Iaws and regulations, including without limitation
those terms and conditions specifically set forth as an exhibit to the Participation
Agreement.
(004.00046512.61
3. Notice. Participant desires to execute this Memorandum and to have it filed of record in
the Official Public Records of Williamson County, Texas, providing public and record
notice to all persons as to the existence of the Participation Agreement. Further infonnation
regarding the Participation Agreement may be obtained by contacting the following:
PARTICIPANT:
City of Round Rock, Texas
c/o Laurie Hadley, City Manager
221 East Main Street
Round Rock, TX 78753
Attn: Foundation Application File No. 20180504
Phone: (512) 879-0468
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
c/o Plan Administrator
219 Perry Mayfield
Leander, Texas 78641
Attn: Foundation Application File No. 20180504
Phone: (512) 943-192I
EXECUTED as of the effective date first written above.
For the��RTICIPANT:
By: _
Print
THE STATE OF TEXAS
COUNTY OF
This - st ent was
L4az,--(
on
My Commission Expires:
(004 00046512.6)
before me on �6-xa
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NOTARY P C, tate ofTexas
Print Name: z 2— 2 Z
Exhibits:
"A" --U.S. Fish and Wildlife Service Permit No. TE -181840-1
"B" -- Description of Participant's Property
After Recording, Return To:
Williamson County Regional Habitat Conservation Plan
Plan Administrator
219 Perry Mayfield
Leander, TX 78641
1004 000 16512 61
EXHIBIT A
TO MEMORANDUM OF PARTICIPATION AGREEMENT
U.S. Fish and Wildlife Service Permit No. TE -181840-1
Consisting of Four (4)pa es following
Page A-1
1004 00046512 61
3-201
�� nynati�lasl.nw DEPARTMENT OF THE INTERIOR (1197)
]fEf1YlI:L: U.S. FISH AND WILDLIFE SERVICE
2. AUTHORITY -STATUTES
FEDERAL FISH AND WILDLIFE PERMIT 16 USC 1539(a)(1)(B)
" REGULATIONS (Attached)
1. PERMITTEE 50 CFR §§ 13 & 17
The County of Williamson 3. NUMBER
301 SE Inner Loop TE -181840-1
Georgetown, Texas 78626
Phone: 5121943-1550 4. RENEWABLE 5. MAY COPY
e-mail: dgattis@wilco.ora
[x] YES [xI YES
Williamson County Conservation Foundation NO [ ] NO
350 Discovery Boulevard [ I
Cedar Park, Texas 78613
Phone: 5121733-5380 6. EFFECTIVE 7.EXPlRES
Email: lbirkman@wilco.ol-$13012013 10/16/2038
�
8. NAME AND TITLE OF PRINCIPAL OFFICER: (if #1 is a business) 9. TYPE OF PERMIT:
Mr. Daniel A. Gattis, County Judge (County) Endangered Species — Incidental Take
Lisa Birkman, President, Williamson County Conservation
Foundation, Williamson County Commissioner (Foundation)
10. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED: Williamson County, Texas.
11. CONDITIONS AND AUTHORIZATIONS:
X GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13, AND SPECIFIC CONDITIONS
CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK #2, ABOVE, ARE HEREBY
MADE A PART OF THIS PERMIT. ALL ACTIVITIES AUTHORIZED HEREIN MUST BE
CARRIED OUT IN ACCORDANCE WITH AND FOR THE PURPOSES DESCRIBED IN THE
APPLICATION SUBMITTED. CONTINUED VALIDITY, OR RENEWAL, OF THIS PERMIT IS
' SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE
CONDITIONS, INCLUDING THE FILING OF ALL REQUIRED INFORMATION AND REPORTS.
B. THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF
ALL APPLICABLE FOREIGN, STATE, LOCAL OR OTHER FEDERAL LAW. THIS PERMIT
DOES NOT WAIVE THE OBLIGATION TO ABIDE BY OTHER FOREIGN, STATE, LOCAL OR
FEDERAL LAW IN CARRYING OUT AUTHORIZED ACTIVITIES.
C. VALID FOR USE BY PERMITTEES NAMED ABOVE,
D. ACCEPTANCE OF THIS PERMIT SERVES AS EVIDENCE THAT THE PERMITTEE
UNDERSTANDS AND AGREES TO ABIDE BY THE "GENERAL CONDITIONS FOR NATIVE ENDANGERED
AND THREA'T'ENED WILDIAFE SPECS S PERb1ITS" (copy enclosed),
12. REPORTING REQUIREMENTS
Annual report due each June i throughout the life of the permit.
ISSUED BY: - TITLE HATE
4
� Deputy Regional Director
Williamson County Regional Habitat Conservation Plan TE -181840-1
E. Permittee(s) are authorized to "Take" the following species: Bone Cave harvestman,
Coffin Cave mold beetle, golden-cheeked warbler (GCWA), and black -capped vireo
(BCVI) in Williamson County, Texas; incidental to activities including, but not limited
to, road construction, maintenance, and improvement projects; utility construction and
maintenance; school development and construction; public or private construction and
development; and land clearing.
! F. For GCWA, 6,000 acres of direct and indirect take are authorized over the life of the
Permit. These impacts will be mitigated by a combination of purchasing mitigation
credits from Hickory Pass Conservation Bank and/or other nearby conservation banks or
by creating GCWA preserves.
G. For BCVI, up to 4,267 acres of take are authorized over the life of the Permit. These
impacts are mitigated primarily through habitat restoration, habitat management,
enhancement of existing protected BCVI habitat, or an alternate, Service -approved
mitigation program.
H. On parcels covered by Participation Agreements, vegetation clearing activities within 300
feet of habitat will be conducted outside the GCWA or BCVI breeding seasons, as
applicable, unless breeding season surveys performed by an Endangered Species Act
section 10(a)(1)(A)-permitted biologist indicate that no GCWA or BCVI are present
within 300 feet of the desired activity, or as otherwise approved on a case-by-case basis
by the Service. The breeding season for the GCWA is March 1 to August 1. The
breeding season for the BCVI is March 15 to September 1.
1. Construction activities within, or within 300 feet of, GCWA or BCVI habitat may be
conducted year round as long as such construction follows permitted clearing, as
referenced above, in a reasonably prompt and expeditious manner indicating continuous
activity.
For Bone Cave harvestman and Coffin Cave mold beetle, up to 210 caves occupied by
one or both species are authorized to be impacted. These impacts will be mitigated by
acquiring and managing 9 to 15 karst fauna areas (KFAs), a minimum of three KFAs in
each of the karst fauna regions occupied by the covered species.
K. Clearing and construction activities authorized under this Permit shall be consistent with
the current practices recommended by the Texas Forest Service to prevent the spread of
oak wilt.
L. The Service agrees that Williamson County or the Foundation may issue "Participation
Agreements" covering land within the Permit area. Participation Agreements will
stipulate that Participant will be bound by and comply with those terms and conditions of
this Permit applicable to the Participant's land and the Participant shall benefit from the
Page 2 of 4
Williamson County Regional Habitat Conservation Plan TE -181840-1
authorization granted in this Permit. So long as this Permit remains in effect and a
Participant is in compliance with the Participation Agreement, that Participant shall be
deemed, with respect to that Participant's property covered by the Participation
Agreement, to have the full benefits and authorities of this Permit with respect to that
Participant's property. The Service agrees that a breach by a Participant of its obligations
tinder a Participation Agreement will not be considered a violation by the Permittee, or
any other Participant, of this Permit. In the event a Participant has materially breached its
Participation Agreement and, after reasonable notice and opportunity to cure, such
Participant fails to cure, remedy, rectify, or adequately mitigate the effects of such
breach, then the Service, Williamson County, or the Foundation may terminate that
Participation Agreement.
M. Upon locating a dead, injured, or sick GCWA or BCVI or any other endangered or
threatened species in connection with road construction and other activities conducted by
Williamson County that are covered by this Permit, Williamson County or the
Foundation is required to contact the U.S. Fish and Wildlife Service's Law Enforcement
Office, in Georgetown, Texas, (512) 863-5972, for care and disposition instructions.
Extreme care should be taken in handling sick or injured individuals to ensure effective
and proper treatment. Care should also be taken in handling dead specimens to preserve
biological materials in the best possible state for analysis of cause of death. In
conjunction with the care of sick or injured endangered/threatened species, or
preservation of biological materials from a dead specimen, Williamson County, the
Foundation, and their contractor/subcontractor have the responsibility to ensure that
evidence intrinsic to the specimen is not unnecessarily disturbed.
N. Conditions of this Permit shall be binding on, and for the benefit of Williamson County
and the Foundation.
O. If during the tenure of this Permit the take described in the habitat conservation plan is
altered such that there may be an increase in the anticipated take of any covered species,
Williamson County or the Foundation is required to contact the Service and obtain
authorization and/or amendment of the Permit before entering into participation
agreements or commencing any other activities which might result in take beyond that
described in the RHCP.
P. Williamson County or the Foundation shall submit on June I of each year the Permit is in
effect an Annual Report describing participation agreements entered into; funds collected
and spent; and conservation and management actions undertaken in the previous calendar
year. The report will summarize the results of the biological monitoring and adaptive
management process and findings. This required information includes the locations of
surveys, a description of any deviations from required survey protocols, personnel used,
and documentation of all survey results a.s required in the protocols for the particular
Page 3 of 4
Williamson County Regional Habitat Conservation Plan TE -181840-1
8 endangered species. In addition, the annual report will review existing management and
highlight areas where change in management approach may be needed and where
prioritized research needs are reviewed. A copy of the annual report shall be submitted to
the U.S. Fish and Wildlife Service Field Office 10711 Burnet, Suite 200, Austin, Texas
78758; and to the U.S. Fish and Wildlife Service, P.O. Box t306, Room 4102,
Albuquerque, New Mexico 87103.
Q. The current "No Surprises" policy of the U.S. Fish and Wildlife Service provides that
additional mitigation requirements for land, water, or financial obligations shall not be
required of Williamson County or the Foundation beyond the level of mitigation provided
for in the Permit and the habitat conservation plan if fully and completely complied with
and implemented. With respect to the Permit, the habitat conservation plan and
supporting documents adequately addressed the federally -listed covered species.
R. Acceptance of the Permit serves as evidence that Williamson County and the Foundation
understand and agree to abide by the terms of the Permit and all applicable sections of
Title 50 CFR Parts 13 and 17 pertinent to issued permits.
*****END OF PERMIT # TE -181840-1 *****
Page 4 of 4
EXHIBIT B
TO MEMORANDUM OF PARTICIPATION AGREEMENT
Description of Participant's Property, including GPS coordinates/Dints, if available:
A project site of approximately 0.76 acres in existing right-of-way for RM 1431, at the
intersection of Rm 1431 and Newsom Drive for the installation of traffic control signals and
related controller infrastructure, Round Rock, Williamson County, Texas.
A project location graphic (1 page) and a detailed site graphic (1 page) are attached making
a total of three (3) pages for this Exhibit (including this page).
Page B- I
(004 00046512 6)
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Exhibit "A"
to
Right of Enta
Participation Application No.:
Property Description
(Property may be described in any acceptable manner including metes and bounds. appraisal district reference numbers, address,
or, in the case or linear nroiects. a descrintion including any graphics er GPS coordinates Re—mane to thelrroiect.)
103600050594 1) Williamson County Participation Application Page 2 ort
Memo
To: Gerald Pohlmeyer,
From: GaryBoyd
cc: NIA
Date: 6113118
CIP Project Manager
Re: RM 1431 and Newsom Drive traffic signal project -- WCCF file #20180504
Mr. Pohlemeyer,
Here is the Participation Agreement for the referenced project.
Please have the original executed as indicated (and notarized where appropriate) and return to me. The
copy is interim for your files. Upon return of the original I will have the WCCF President (or Vice
President, depending upon availability) sign and then will file with the County Clerk as the Participation
becomes an environmental "clearance" in perpetuity (Agreement item #6). Once the filed copy is returned
I'll send you a copy with the filing information and an invoice for the filing fee.
Should you have any questions, Please call on me- 5121943-1921 or 4bovd0-wilco.org.
Thank you.
I UNNIV
CONSERVATION FOUNDAI K XN
City of Round Rock
t
+
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Participation Agreement with Williamson County
Conservation Foundation regarding participation in the Regional Habitat
Conservation Plan for the Traffic Signal at RM 1431 and Newson Drive
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/6/2018
Dept Director: Gary D. Hudder, Transportation Director
Cost: $100.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Gary Boyd Cover Letter 06-2018, Gary Boyd Agreement 06-2018
Department: Transportation Department
Text of Legislative File CM -2018-1771
Consider executing a Participation Agreement with Williamson County Conservation
Foundation regarding participation in the Regional Habitat Conservation Plan for the
Traffic Signal at RM 1431 and Newson Drive Project.
The City entered into an agreement with TxDOT to design and construct a traffic signal at
RM 1431 and Newson Dr. (Texas Crushed Stone entrance). This project is located in a
Karst Zone requiring participation in the Williamson County Regional Habitat Conservation
Plan. The attached "Participation Agreement" satisfies the City's due diligence
requirements and protects the City from any unknown issues that could potentially arise
during the construction process. In order to proceed to the bid phase of this project, the
attached agreement will need to be executed and returned to Gary Boyd at the Williamson
County Conservation Foundation (WCCF). The cost of this agreement is $100.00 and the
filing fee at the courthouse which the WCCF will bili to the City upon filing the agreement.
Cost: $100.00
Source of Funds: RR Transportation and Economic Development Corporation
City of Round Rock page 1 Printed on 7/3MIS