CM-2021-065 - 3/5/2021COST PARTICIPATION AGREEMENT
BY AND BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
LEGACY -ROUND ROCK PARTNERS II, L.P.
A
hisCostParticipation Agreement ("Agreement") is made and entered into this �aY
2021 by and between the City of Round Rock, Texas (the "City"), a home rule
l corporation of the State of Texas, and Legacy -Round Rock Partners II, L.P., a Texas
limited partnership ("Developer").
RECITALS
WHEREAS, the City and Developer desire to cooperate in the design and construction of
certain improvements to Doris Lane at its intersection with Red Bud Lane; 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 certain
improvements to Doris Lane at its intersection with Red Bud Trail, extending approximately 180'
to the east, designed to an Urban Standard (as defined in Round Rock Code of Ordinances)
including the installation of sidewalks, drainage and turn lanes, as shown on Exhibit "A", attached
hereto. (the "Project").
3. Project Design and Construction Costs.
(a) City shall be wholly responsible for the costs of design and construction of the
Project. The Project will be bid and constructed as part of the Red Bud Lane South construction
improvement project. The Red Bud Lane construction improvement project shall consist of the
widening of Red Bud Lane from A.W. Grimes to Gattis School Road to a new five lane divided
arterial roadway with a continuous left turn lane, which includes the intersection of Doris Lane.
(b) Developer shall deposit the sum of $140,268 with the City thirty (30) days after this
Agreement is approved by the City (the "Escrow Deposit"). The City shall utilize the Escrow
Deposit to construct the Project concurrent with the Red Bud Lane South construction
ris lane cost participation agreement 10-5-20 (0045662%AOM) (002)
e
�1-2b21-0e 5-
improvement project. Both parties understand that the timing of the Project may be after Developer
constructs a senior residence project on its property.
(c) Developer will construct an internal driveway from Doris Lane right-of-way to its
senior residence project after obtaining approval from the City.
(d) After the Escrow Deposit is received by the City, the City will approve the Site
Development Permit and the Subdivision Improvement Permit required for the Developer's senior
residence 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 Developer 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 Developer 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 Developer.
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
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 Hall
221 East Main
Round Rock, Texas 78664
Developer:
Legacy -Round Rock Partners II, LP
209 South 191" Street, Suite 100
Omaha, NE 68102
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.
3.
CITY OF ROUND ROCK, TEXAS
By.
Laurie Hadl y, City Mana r
DEVELOPER
LEGACY -ROUND ROCK PARTNERS II, L.P.,
a Texas limited partnership
By: Leg Red Bud, LLC,
a Texas limited liability company,
Its general partner
By: Cornerstone Associates, LLC,
a Nebraska limited liability
company,
its sole member
By:
Lawrence A. Mazzotta, CEO
5.
Exhibit A
(Project Description)
Project:
Doris Lane
COUNTY:
Williamson
LJA Project No
2601-1902
LIMITS:
From Red Bud Lane to 190 feet East of Red Bud Lane
Doris Lane
190 Feet SCHEMATIC COST ESTIMATE
Chad Wood
10/1/2020
LENGTH:
ESTIMATE BY:
DATE:
ITEM
SPECIFICATION
BID CODE
DESCRIPTION UNITS
EST. QTY.
PROJECT
UNIT COST
AMOUNT
REMOVAI
1
TXDOT
104-6017
REMOVING CONC (DRIVEWAYS)
SY
730
$14.00
$10,220.00
2
TXDOT
105-6046
IREMOVING STAB BASE & ASPH PAV (0--10")
SY
410
$15.00
$6,150.00
3
TXDOT
464-6003
RC PIPE (CL III)(18 IN)
LF
90
$60.00
$5,400.00
4
TXDOT
467-6359
SET (TY II) (18 IN) (RCP) (4: 1) (P)
EA
6
$1,300.00
$7,800.00
5
TXDOT
496-6007
IREMOV STR (PIPE)
LF
21
$15.00
$315.00
SUBTOTAL
$29,885.00
ROADWAY ITEMS
6
TXDOT
100-6002
PREPARING RIGHT OF WAY
STA
2
$3,000.00
$6,000.00
7
TXDOT
110.6001
EXCAVATION (ROADWAY)
CY
350
$10.00
$3,500.00
8
TXDOT
110-6002
EXCAVATION (CHANNEL)
CY
123
$8.00
$984.00
9
TXDOT
132-6005
EMBANKMENT (FINAL)(ORD COMP)(TY C)
CY
2
$14.00
$28.00
10
TXDOT
247-6041
FL BS (CMP IN PLACE)(TY A GR 1-2)(FINAL POS)
CY
210
$50.00
$10,501.54
11
TXDOT
260-6002
LIME (HYDRATED LIME (SLURRY))
TON
20
$200.00
$4,083.00
12
TXDOT
260.6009
LIME TRT (EXST MATL)(10")
SY
798
$10.001
$7,983.33
13
TXDOT
310-6001
PRIME COAT (MULTI OPTION)
GAL
113
$5.00
$567.08
14
TXDOT
341-6029
D-GR HMA TY-D SAC -A PG76-22
TON
125
$90.00
$11,228.25
15
TXDOT
592-6002
CONC SIDEWALKS (5")
SY
127
$60.00
$7,600.00
16
TXDOT
529-6008
CONC CURB & GUTTER (TY II)
LF
454
$30.00
$13,620.00
17
TXDOT
530-6005
DRIVEWAYS (CONC)
SY
138
$50.00
$6,900.00
18
TXDOT
531-6013
CONC RAMPS (TY 10)
EA
2
$3,500.00
$7,000.00
Subtotal
$79,995.21
SIGNING, PAVEMENT MARKING, AND TRAFFIC ITEMS
19
TXDOT
666-6001
REFL PAV MRK TY I (W) 4" (SLD)(100 MIL)
LF
380
$1.00
$380.00
20
TXDOT
666-6036
REFL PAV MRK TY I (W) 8" (SLD)(100 MIL)
LF
140
$2.00
$280.00
21
TXDOT
666-6048
REFL PAV MRK TY I (W) 24" (SLD)(100 MIL)
LF
22
$12.00
$264.00
22
TXDOT
666-6054
REFL PAV MRK TY I (W)(ARROW)(100 MIL)
EA
2
$290.00
$580.00
23
TXDOT
666-607B
REFL PAV MRK TY I (W)(WORD)(100 MIL)
EA
2
$290.00
$580.00
24
TXDOT
666-6126
REFL PAV MRK TY I Y) 4- (SLD)(100 MIL)
LF
380
$1.00
$380.00
Subtotal
$2,464.00
UTILITY RELOCATION
25 SERVICE POLE RELOCATION I LS 1 1 1 $10,000.001 $10,000.00
MISCELLANEOUS ITEMS
19 TXDOT TOTAL MOBILIZATION PAYMENT 10% LS
$ 12,235.00
Construction Subtotal
$ 134,579.21
ROW 25ft Comer Clip To Be Donated By Developer)
I SF
3131
$4.00
$1,250.00
CONTINGENCY (10%)
LS
$13,457.92
PROJECT TOTAL (ROUNDED)
$149,287
This estimate is based upon TxDOT Average Unit Bid Prices dated SEPTEMBER 2020
Any opinion of construction costs prepared by LJA is supplied for the general guidance of the Client only. Since LJA has no control over
competitive bidding or market conditions, LJA cannot guarantee the accuracy of such opinions as compared to contract bids or actual
Costs to Client.
Exhibit B
(Red Bud Lane South Construction Improvement Project)
SOUTH RED BUD LANE
Improvement Rr�ject IT
QUNDROcx
EXR5
The Red Bud Lane South Imp -rove ment ProjeCl is part of LheCityof Round Pock'sTransportaLion
Master Plan to address Current a nd fu Lure LransporLa Lion needs. As Lra ff is dem ands contin ue to
increase in Round Rock,lheCILyIsdedicaLed to preserving residents qua11LyofIifeby providing
Safe travel, reducing time spent In traffic, and improving mobility for all modes of transportation.
Improve ments to Red Bud Lane from Evergreen Drive to Gatlis School Road will add capacity to
improve traffic flow and provide upgrades to pedestrian and bicycle facilities
Improvements
• Widening Red Bud Lane from two to four travel
lanes with a continuous turn lane
• Constructing a closed storm drain with curbs
and gutters
• Constructing a shared -use path for pedestrians
and bicycleson thewestsideof Red Bud Lane
• Providingcontinuoussidewalks on theeasLside
of Red Bud Lane
Project Funding
The City of Round Rock is funding the design for the
projecL A combination of city slate or federal funds
may be used for construction.
Project Schedule
Design began in tale 2019 and is expected to be
complete in 2021- Construction is anticipated to begin
in 2023.
Community Involvement
Cvcrgrm Pr.
lax
qCP
a
wrest crock or
fiblas schpon Rd.
Community involvement is an important part of this proieCL The ommunity i invit d t
participate in the open House scheduled in July2.020 and tocontactour team to har inpuL
Feedback we receive from the community will be evaluated in conjunction with the t hni al
information as the City moves fonraard with design.
7.
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Cost Participation Agreement with Legacy -Round Rock
Partners II, L.P. regarding the design and construction of certain improvements to
Doris Lane at its intersection with Red Bud Lane.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/5/2021
Dept Director: Brad Wiseman, Planning & Development Services Department
Cost:
Indexes:
Attachments: doris lane cost participation agreement 10-5-20 (00456629xA08F8) (002), Rev
LAF - Cost Participation Agmt w-Legacy-Round Rock Partners re. Doris Lane
(00466270xAO8F8)
Department: Planning and Development Services Department
Text of Legislative File CM-2021-065
The city has a pending project, the Red Bud Lane South project, to enhance Red Bud Lane between Gattis
School Road and Evergreen Lane from two to four travel lanes with a continuous turn lane, and other
associated improvements. Part of the associated improvements will be to improve 180 linear feet of Doris
Lane to an urban standard. This portion of Doris Lane was recently annexed into the city along with an
adjacent tract that will be developed into a senior living facility. The developer is required to utilize Doris
Lane as an access point, and was to be responsible for the improvements to Doris Lane to bring it up to a
city standard. In lieu of the developer undertaking the project, the timing is such that they are able to pay
the city to implement the Doris Lane improvements into the Red Bud Lane South project. This cost
participation agreement will formalize the arrangement, with the developer paying the city a sum of
$140,268 for the improvements in accordance with a bid prepared by UA Engineering.
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