CM-2020-190 - 7/17/2020ASSIGNMENT
[KENNY FORT BOULEVARD SEGMENT 4B PROJECT]
This ASSIGNMENT (this "Assignment") is executed effective as of June 25, 2020, by
MERITAGE HOMES OF TEXAS, LLC, an Arizona limited liability company ("Assignor"),
to and in favor of the CITY OF ROUND ROCK, TEXAS, a home -rule city located in Williamson
County, Texas (the "City"). CHASCO CONSTRUCTORS, LTD., L.L.P., a Texas limited
partnership (the "Contractor"), joins in this Assignment to indicate its consent to the
Assignment on the terms provided.
WITNESSETH:
Assignor, on behalf of the City, previously publicly bid the Kenny Fort Boulevard —
Segment 4B project (the "Project") more particularly described in the project manual and related
materials attached collectively as Exhibit "A' (the "Project Materials") pursuant to
Section 4.02 of that certain Consent and Development Agreement dated effective as of May 9,
2019 among the City, Round Rock Municipal Utility District No. 2, and Cressman Enterprises,
LP, Kathryn A. Cressman, the Estate of Marvin R. Cressman, a/k/a Marvin Richard Cressman,
Deceased, and Assignor. At the City's request, Assignor now desires to assign all of Assignor's
interest in and to the Project Materials to the City.
AGREEMENT
NOW, THEREFORE, for and in consideration of the sum of Ten and No/ioo Dollars
($io.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Assignor and the City agree as follows:
1. Assignment and Assumption. Assignor hereby assigns, transfers, sets over,
and delivers to the City all of Assignor's right, title, and interest in, to, and under the Project
Materials. The City hereby accepts such assignment; assumes and agrees to observe, be bound
by, discharge, and perform all of the duties, obligations, terms, covenants, and agreements of
Assignor thereunder; and agrees to prosecute the Project to completion in accordance with the
Project Materials.
2. Contractor Consent. Contractor, as the low bidder on the Project, hereby
consents to this Assignment, joins in this Assignment to indicate such consent, and agrees to look
solely to the City for the performance of all obligations of Assignor under the Project Materials.
3. Miscellaneous. All of the terms, provisions, covenants and conditions set forth
herein shall be binding upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns. The headings and captions in this Assignment are for
convenience only, and shall not control or affect the meaning or construction of any provision of
this Assignment. To facilitate execution, (a) this Assignment may be executed in any number of
counterparts; (b) the signature pages taken from separate individually executed counterparts of
this instrument may be combined to form multiple fully executed counterparts; and (c) a
signature delivered by facsimile or in another electronic format (e.g., .PDF via email) will be
deemed to be an original signature for all purposes. All executed counterparts of this instrument
will be deemed to be originals, and all such counterparts, when taken together, will constitute one
and the same agreement.
[signature page follows]
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COUNTERPART SIGNATURE PAGE TO
ASSIGNMENT
[KENNY FORT BOULEVARD SEGMENT 4B PROJECT]
ASSIGNOR:
MERITAGE HOMES OF TEXAS, LLC, a
Arizona ' ited liability company
By:
Nam .
Title: _Vm Pu%joe—yr cy Leo
THE CITY•
CITY OF ROUND ROCK
By:
Name: Y
Title: �- Y
CONTRACTOR:
CHASCO CONSTRUCTORS, LTD.,
L.L.P., a Texas limited partnership
By: Chasco Contracting GP, LLC, a Texas
limited liabili company, its General
Partner � /i ,
By: 3[
Name:
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EXHIBIT "A"
PROJECT MATERIALS
1W0985o6g.11
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Assignment by Meritage Homes of Texas, LLC to the
City of Round Rock regarding the Kenney Fort Boulevard Segment 4B
Project, and Chasco Constructors Ltd., L.L.P., as the low bidder on the
Project, consents and joins in this Assignment.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/17/2020
Dept Director: Steve Sheets, City Attorney
Cost:
Indexes:
Attachments: Assignment-00450023.PDF, LAF-00450024.PDF
Department: Legal Department
Text of Legislative File CM-2020-190
On June 25, the City Council approved the bid of Chasco as the lowest bid. Meritage Home
actually handled the bidding because at one time it was going to handle the construction of
Kenney Fort. The plans changed and now the city is going to be in charge of the construction
contract. This assignment just assigns the bid documents and construction contract from
Meritage to the City and the City accepts the assignment.
City of Round Rock Page 1 Printed on 711612020