CM-2020-181 - 6/26/2020ELECTRONICALLY RECORDED 2020070925
Williamson County, Texas Total Pages: 10
MAINTENANCE AGREEMENT TO MAINTAIN INFRASTRUCTURE WITHIN THE
PARKLAND, OPEN SPACE, AND TRAILS OF PHASE 4D OF VIZCAYA (AVERY
NORTH) PLANNED UNIT DEVELOPMENT NO. 96
The following MAINTENANCE AGREEMENT entered into by and among the CITY
OF ROUND ROCK, TEXAS (City), TAYLOR MORRISON OF TEXAS, INC. (Owner), and
VIZCAYA MAINTENANCE ASSOCIATION, INC. (Association) outlines and sets forth the
responsibilities and obligations of the Owner and Association regarding the operation and
maintenance of infrastructure located within certain property that has been zoned as parkland in
Planned Unit Development No. 96 (PUD No. 96).
WHEREAS, the parties acknowledge that they previously entered into a Maintenance
Agreement for the Association to Maintain Parkland, Open Space, and Trails of Vizcaya (Avery
North) Planned Unit Development No. 96; and
WHEREAS, the parties agree that the previous Maintenance Agreement did not include
the maintenance of any drainage infrastructure located within parkland, open space, and trails of
Phase 4D of Vizcaya (Avery North) Planned Unit that Section 11 of the Development Plan in
PUD No. 96; and
WHEREAS, the Phase 4D Final Plat recorded as Document No. 2018113595 dedicates
the entire Lot 71 to the City as shown in the attached Exhibit "A;" and
WHEREAS, the Phase 4D Final Plat does not establish that the Association is
responsible for the maintenance of Lot 71 or the drainage infrastructure located within Lot 71;
and
WHEREAS, the parties desire to enter into this separate Maintenance Agreement to set
forth that the Association shall be responsible for the maintenance of Lot 71 and the drainage
infrastructure located within Lot 71; and
WHEREAS, parties agree that the above statements are not mere recitals, but are
contractual in nature;
City, Owner and Association acknowledge and agree to the following terms and
conditions:
ART.1. MAINTENANCE
1.1 Association's Duty to Perform Maintenance. Association shall have the duty
and obligation to maintain Lot 71 of the Phase D Final Plat recorded as Document No.
2018113595 and the drainage infrastructure located within Lot 71, which shall include any
improvements or modifications to the lot or infrastructure within the lot.
C-=
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ART. 2
RIGHT TO ACCESS
2.1 Establishment of Owner's Association. City shall have a right to access the
drainage facilities located within Lot 71, as needed, which shall include free and interrupted
ingress and egress for persons, vehicles and equipment necessary for said access.
ART.3
INDEMNIFICATION
3.1 Indemnification. The Association shall indemnify, defend, keep and hold
harmless, the City, its agents, officials, and employees against all suits or claims of any kind
whatsoever arising out for or by reason of any negligent or willful act of the Association in the
performance of the Association's obligations set forth in this Agreement.
ART. 4.
TERMINATION
4.1 Termination. Should Owner or Association fail to fulfill any term or condition of
this Agreement, the City will provide Owner and Association with written notice to use due
diligence to cure or correct any default of the terms of this Agreement or failure to perform in
accordance with the terms of this Agreement. The City will, upon learning of any event of
default of any term of this Agreement, provide Owner and Association with written notice
allowing Owner thirty (30) days to correct or cure the identified default. If Owner or
Association fails to correct or cure the default or, fails to provides City with written notice that
either: (1) such default will be cured within the thirty (30) day period; or (2) Owner or
Association will initiate good faith efforts to remediate and eliminate the defaulting condition,
the City may terminate this Agreement. If Owner or Association notifies City in writing that
Owner will commence to cure or correct a default within the thirty (30) day period, City will
provide Owner and Association with a reasonable time to complete such corrections or to cure
such default.
4.2 City Remedies Due to Default. If Owner and Association fail to cure or take
corrective action to cure a default as specified in this Article, City may pursue any of the
following remedies regardless of whether the City terminates the Agreement:
a. City may submit a claim upon any bond or letter of credit as required by this
Agreement;
b. City may seek injunctive relief in any court of competent jurisdiction;
C. City may sue Owner for damages arising out of any default by Owner under this
Agreement and City may sue Association for any damages arising out of any
default by Association under this Agreement (and the prevailing party in any
dispute or litigation will be entitled to recover all of its costs and expenses from
the non -prevailing party); or
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2020070925 Page 3 of 10
d. City may elect to terminate this agreement.
ART 5.
GENERAL TERMS AND CONDITIONS
5.1 Entire Agreement. The entire agreement among City, Owner and Association
with regard to maintenance responsibility of the Property is set forth within this instrument. Any
modifications or amendments to this Agreement must be in writing and approved by the City,
Owner and Association. The parties expressly agree that no oral agreements, statements,
discussions or communications shall be effective in amending any provision set forth within this
Agreement.
5.2 Venue. Venue for any legal action to construe or enforce the terms of this
Agreement shall lie exclusively in Williamson County, Texas.
5.3 Waiver. The waiver by City of any breach of any provision of this Agreement shall
not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different
provision of this Agreement.
5.4. No Representations. Owner has not relied upon any representation by the City,
or by any agent, employee, representative, official, elected representative, or attorney of the City
in entering into this Agreement.
5.5. Time is of the Essence. As for any notice periods and time periods during which
Owner must cure any identified defaults of this Agreement, time is expressly declared to be of the
essence in this Agreement.
5.6. Binding on Heirs and Assigns. All provisions of this Agreement shall extend to
and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the
heirs, executors, representatives, successors, and assigns of each party to this Agreement.
5.7. Rights and Remedies Cumulative. The rights and remedies set forth within this
Agreement are cumulative and the use of any one right or remedy by either party shall not preclude
or waive its right to use any or all other remedies. Said rights and remedies are given in addition to
any other rights the parties may have by law, statute, ordinance, or otherwise.
5.8 Legal Construction. 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 hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
(Signatures on Following Page)
2020070925 Page 4 of 10
CITY:
CITY OF ROUND ROCK, TEXAS
3 fi
By•
Laurie Ha 1 y, City Xyfnager
Date Signed: c
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this day of e , 2020, by
Laurie Hadley, City Manager of the City of Round Rock, in the capacity an ' for the purposes and
consideration therein indicated.
P
Signature
I. 7i
Printed Name
Notary Public, State of
0
2020070925 Page 5 of 10
OWNER:
TAYLOR MORRISON OF TEXAS, INC.
A Texas corporation
By:
Printed Name: Michael Slack
Its Vice President
Date Signed: 06/16/2020
ACKNOWLEDGMENT
THE STATE OF Texas §
COUNTY OF Williamson
2
This instrument was acknowledged before me on this the 16th day of the month
of June , 2020, by Michael Slack (Name), Vice President (Title), of
Taylor Morrison of Texas, Inc., a Texas corporation, known by me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and
deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein
expressed.
Signature
Printed Name
Notary Public, State of
0*-,
DIANE M DURANNotary ID #132015237My Commission Expires May 15, 2023
5
2020070925 Page 6 of 10
ASSOCIATION:
VIZCAYA MAINTENANCE ASSOCIATION, INC.,
A Te on -profit corporation
By
Printed Name: Mi hael Slack
Its President
Date Signed: 06/16/20
ACKNOWLEDGMENT
THE STATE OF Texas
COUNTY OF Williamson
This instrument was acknowledged before me on this the 16th day of the month
of June , 2020, by Michael Slack (Name), President (Title), of
Vizcaya Maintenance Association, Inc., a Texas corporation, known by me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein
expressed.
Signature
Printed Name
Notary Public, State of
=ID#132015237
AN15237xpires3
2020070925 Page 7 of 10
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020070925
Pages- 10 Fee- $65.00
06/30/2020 01.08 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEYAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Maintenance Agreement to maintain infrastructure
within the parkland, open space, and trails of Phase 4D of Vizcaya (Avery
North) Planned Unit Development Np. 96.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/26/2020
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: Vizcaya Phase 4D Maintenance Agreement updated- Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2020-181
This agreement allows private storm and sidewalk infrastructure to be located on a public green
space lot and establishes responsibility for maintenance of this private infrastructure to be that
of the HOA, not the City.
City of Round Rock Page 1 Printed on 612512020