CM-2018-1936 - 11/9/2018COST PARTICIPATION AGREEMENT
BY AND BETWEEN
THL+' CITY OF ROUND ROCK, TEXAS
AND
AVERY CENTRE DEVCO, INC.
This Cost Participation Agreement ("Agreement") is made and entered into this*day
of &V , 2018 by and between the City of Round Rock, Texas (the "City"), a home rule
municipal corporation of the State of Texas, and Avery Centre DevCo, Inc. ("Avery").
RECITALS
WHEREAS, the City and Avery desire to cooperate in the design and construction of a
sidewalk at the location described herein; and
WHEREAS, the purpose of this Agreement is to outline each party's duties and
obligations;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, the parties agree as follows:
I.
1. Recitals. The recitals set forth above are incorporated herein for all purposes and are found
by the parties to be true and correct. It is further determined that both parties have authorized and
approved this Agreement, and that this Agreement will be in full force and effect when executed
by each party.
2. Project Description. The Project is defined as the design and construction of a five foot
wide sidewalk within City right-of-way and at the location as shown on Exhibit "A", attached
hereto.
3. Project Design and Construction Costs.
(a) Avery shall be wholly responsible for the costs of design and construction of the
Project. Avery shall submit all sidewalk plans to the City prior to commencement of construction
of the Project,
(b) Avery shall (i) commence construction of the Project no more than 30 days after
approval of this Agreement by the City, and (ii) substantially complete construction within 180
days after approval of this Agreement by the City.
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Avery sidewalks dev agreement (00405157xAOBF9)
4. City Obligation.
(a) Within 45 days after the Project is substantially complete and accepted by the City,
the City shall reimburse Avery the sum of $16,345.00 as its share of the construction costs for the
Project.
(b) After acceptance by the City, the City will be responsible for the maintenance of
the Project.
II.
Miscellaneous
1. Prior Written Agreements. This Agreement is without regard to any and all prior written
contracts or agreements between the City and Avery regarding any other subject or matter, and
does not modify, amend, ratify, confirm, or renew any such other prior contract or agreement
between the parties.
2. Other Services. Nothing in this Agreement shall be deemed to create, by implication or
otherwise, any duty or responsibility of either of the parties to undertake or not to undertake any
other, or to provide or to not provide any service, except as specifically set forth in this Agreement
or in a separate written instrument executed by both parties.
3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify
or amend any legal defense available at law or in equity to either of the parties, nor to create any
legal rights or claims on behalf of any third party. Neither the City nor Avery waives, modifies, or
alters to any extent whatsoever the availability of the defense of governmental immunity under the
laws of the State of Texas and of the United States.
4. Amendments and Modifications. This Agreement may not be amended or modified
except in writing executed by both the City and Avery.
5. Severability. If any provision of this Agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof, but rather this entire Agreement will be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligations of the
parties shall be construed and enforced in accordance therewith. The parties acknowledge that if
any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and
intention that such provision be reformed and construed in such a manner that it will, to the
maximum extent practicable, to give effect to the intent of this Agreement and be deemed to be
validated and enforceable.
6. Gender, Number and Headings. Words of any gender used in this Agreement shall be
held and construed to include any other gender, and words in the singular number shall be held to
include the plural, unless the context otherwise requires. The headings and section numbers are for
convenience only and shall not be considered in interpreting or construing this Agreement.
7. Execution in Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall be considered fully executed
9
as of the date above first written, when all parties have executed an identical counterpart,
notwithstanding that all signatures may not appear on the same counterpart.
8. Notice. All notices shall be in writing and shall be deemed effective upon receipt by the
addressee after being sent by certified or registered mail or by Next Day Air to the addresses listed
below:
City of Round Rock:
Attn: City Manager
City }-call
221 East Main
Round Rock, Texas 78664
Avery Centre DevCo, Inc.
Attn: John S. Avery - President
400 E. Main Street
Round Rock, Texas 78664
9. 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 due to 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.
IN WITNESS WHEREOF, the parties have executed and attested this Agreement by their
officers thereunto duly authorized.
(signantres on following page)
I
CITY OF ROUND ROCK, TEXAS
By: " '
aurie I-Iadley, rty Manager
AVERY CENTRE DEVCO, INC.
By: �Z,
J(6Vn S. Avery
Its: Kresident
4.
Exhibit A
(Project Location)
S.
TEXAS STATE UNIVERSITY'SIDEWALK IMPROVEMENTS
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II PROPERTY
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TEXAS STATE
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5' SIOEEALK
1�I 11.050 LF)
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PROPERTY
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AOA RAMPS
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PAPE-DAWSON
IM ENGINEERS
July 20, 2018
Development Services Office Engineer
City of Round Rock
301 W. Bagdad, Suite 140
Round Rock, TX 78664
RE: College Park Drive Phase II
SIP 1408-0002
Following is the cost breakdown for the sidewalk adjacent to Texas State University within the
above referenced project:
Texas State University Sidewalk Improvements $32,750.00
Total $32,750.00
Please call if you have any questions.
Sincerely,
Pape -Dawson Engineers, Inc.
Texas Hoard of Profess; Engineers, Finn Registration # 470
A&
Michael Fisher, P.E.
Vice President
HAproiccts\508U21001Praject Data\Developrnent Cost L.etter.docx
MPE Fm Regrstraoun 04701 TSPlS Firm Registration #1 M28801
Austin I San Antonio I Houston Fort Worth I Dallas
Transportation I Water Resources I land Development I Surveying I Environmental
10801 N MoPac EVy. Bldg. 3, Suite 200, Austin. TX 70759 512 454.8711 www.Pa Z&ason.com
COLLEGE PARK DRIVE PHASE II
Item
No. Description Quantity
Unit Unit Cost I
Item Total
Texas State University Sidewalk Im rovemenis
1 5' Sidewalk 1.050
LF $27.00
$28-350.00
2 AOA Ramp 4
EA $1,100.00
$4,400.00
SIDEWALK SUBTOTAL
$32,750.00
City of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing a Cost Participation Agreement with Avery Centre
DevCo, Inc. wherein Avery Center DevCo, Inc. agrees to construct a sidewalk
along a portion of College Park Drive and City agrees to pay $16,354.00.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/9/2018
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $16,345.00
Indexes: General Self -Financed Construction
Attachments: College Park Sidewalk Agreement (11.2.2018) (00412649xA08F8)
Department: Planning and Development Services Department
Text of Legislative Fife CM -2018-1936
Consider executing a Cost Participation Agreement with Avery Centre DevCo, Inc.
wherein Avery Center DevCo, Inc. agrees to construct a sidewalk along a portion of
College Park Drive and City agrees to pay $16,354.00.
This is a cost sharing agreement that the City is agreeing to with DevCo for
sidewalk along Texas State University property frontage. Normally sidewalk is
installed with site development permit construction where it fronts right-of-way. The
State of Texas is not bound by our local site development requirements, and
historically has not volunteered to do so with this campus. The sidewalk is therefore
needed with the construction of College Park Drive along this Texas State
University frontage. The City is agreeing to bear half of the cost with DevCo, the
developer of College Park Dr.
Cost: $16,354.00
Source of Funds: General Self -Financed Construction
City of Round Rock page T Printed on 411812048