R-2023-119 - 4/27/2023 RESOLUTION NO. R-2023-119
WHEREAS, Frankie & Judy Limmer Family Limited Partnership ("Limmer") is the current
owner of 12.07 acres of land (the "Property") through which Chandler Branch Tributary 3 flows; and
WHEREAS, the City of Round Rock ("City") has determined that in order to protect the
public health, safety, and welfare, it is necessary to construct drainage improvements to Chandler
Branch Tributary 3 (the "Project"); and
WHEREAS, Ahmadiyya Movement In Islam, Inc. ("AMII") has contracted to purchase the
Property from Limmer; and
WHEREAS, the City, Limmer, and AMII ("Parties") acknowledge that the construction of the
Project is in their individual best interest; and
WHEREAS, the Parties wish to enter into a Memorandum of Understanding to work
cooperatively and in good faith to draft and approve future agreements, and to develop the Project,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Memorandum of Understanding with Frankie & Judy Limmer Family Limited Partnership and
Ahmadiyya Movement In Islam, Inc., a copy of same being attached hereto as Exhibit "A" and
incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
0112.20232:4860-9048-4574
RESOLVED this 27th day of April, 2023.
CRAIG MOR AN, May
City of Round Rock, Te
ATTEST:
MEAGAN SP KS, Cit Clerk
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EXHIBIT
„A»
.10
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made by and among the City of Round Rock,
Texas (the "City"), Frankie & Judy Limmer Family Limited Partnership, a Texas limited
partnership ("Limmer"), and Ahmadiyya Movement In Islam, Inc., an Illinois corporation
("AMII").
RECITALS
WHEREAS,Limmer is the current owner of 12.07 acres of land (the"Property")through
which Chandler Branch Tributary 3 flows, as shown on Exhibit"A,"attached hereto; and
WHEREAS, the City has determined that in order to protect the public health, safety, and
welfare, it is necessary to construct drainage improvements to Chandler Branch Tributary 3, (the
"Project"), as shown on Exhibit "A; and
WHEREAS, AMII has contracted to purchase the Property from Limmer; and
WHEREAS, all three Parties acknowledge that the construction of the Project is in their
individual best interests; and
WHEREAS, the Parties acknowledge that the terms and conditions listed herein are not
legally binding against any Party,but merely serve as a memorandum of the current understanding
of the Parties;
NOW THEREFORE, the City, Limmer, and AMII agree to work cooperatively and in
good faith to draft and approve future agreements and to develop the Project in the manner set
forth herein.
ARTICLE I
GENERAL SCOPE OF FACILITY
1.01 The Project will consist of improving Chandler Branch Tributary 3 by widening the
channel in certain parts to more efficiently convey flows and subsequently
removing regulatory floodplain from the property beyond its banks.
1.02 It is anticipated that the construction of the Project will begin during the first
calendar quarter of 2024 and to be completed during the first quarter of 2025.
(These dates are subject to change.)
230321 MEMORANDUM OF UNDERSTANDING-For Execution
ARTICLE II
CITY'S INTENTIONS
2.01 City intends to construct the Project which is partially on the Property.
ARTICLE III
LIMMER'S INTENTIONS
3.01 In consideration of City constructing the Project, as set forth in Article II above,
Limmer intends as follows:
a. To contribute $25,000.00 at the time of the real estate closing to the City towards the
construction cost of the Project; provided, however, the contribution of fiends by
Limmer to the City shall be subject to an obligation of the City to refund the
contribution back to Limmer in the event that the City has not awarded a contract for
construction of the Project before November 1, 2025.
b. To allow the City's contractor to export clean fill spoils to Rowe Valley Materials
quarry on County Road 366 at no charge;
c. If soil,caliche,or gravel is needed for the Project, and such material is available at the
Rowe Valley Materials quarry on County Road 366, Limmer agrees to donate said
material to the City in an amount not exceeding 500 tons, provided that the City will
be responsible for all hauling and transportation costs; and
d. To grant easements and other necessary property rights needed for the Project to the
City at no charge,provided that Limmer owns the Property at the time the construction
of the Project begins.
ARTICLE IV
AMII'S INTENTIONS
4.01 In consideration of the City constructing the Project as set forth in Aracle II above,
ANIII intends as follows:
a. To contribute$25,000.00 to the City towards the construction cost of the Project;
b. The foregoing contribution will be paid either (i) at the commencement of the
construction of the Project, or (ii) at the start of AMII's development permitting,
whichever first occurs;
c. During the construction, to allow construction spoils from the Project to be stored on
the Property outside of the development site of a mosque;
d. To allow the contractor to utilize well water on the Property for construction purposes
and for temporary irrigation to re-establish ground cover on areas of construction
disturbance;and
e. To grant easements and other necessary property rights needed for the Project to the
City at no charge.
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ARTICLE V
CITY'S USE OF WELL ON PROPERTY
5.01 As stated in Sec.4.01 d.,AMII will allow the City to utilize the well on the Property
for water for construction related purposes. The City will have the right to inspect the well and
related pumps,motors,and other well equipment prior to utilizing said equipment.The City agrees
to be responsible for reasonable repairs to and maintenance of the well equipment.
ARTICLE VI
LEGAL EFFECT OF MOU
6.01 This MOU is intended to provide an outline of the current understanding of the
Parties hereto and is not intended to legally bind the Parties to the terms and conditions stated
herein. The Parties,however, agree that the terms and conditions stated herein are reasonable and
provide an outline for future actions by the parties.
6.02 The City agrees that any contracts entered by the Parties pursuant to this MOU or
any performance by Limmer or AMII pursuant to this MOU shall be a contract for the provision
of goods and services to the City pursuant to Chapter 271, Subchapter I, Texas Local Government
Code.
Executed and effective this day of 52023,
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan, Mayor
FRANKIE & JUDY LIMMER FAMILY
LIMITED PARTNERSHIP
By: Limmer GP,LLC, its general partner
By:
Frankie Limmer, its President
AHMADIYYA MO V MENT IN ISLAM, INC.
By: 03-22-2023
Niaz Butt. its National Property Secretary
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EXHIBIT "A"
PROPERTY DESCRIPTION
4
' 0 100' 200'
• ------�
t GRAPHIC SCALE 100'
i EXHIB TI A'.
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----------------------
APPROXIMATE AREA OF i
CONSTRUCTION AND ,
. STAGING FOR THE CHANNEL
IMPROVEMENT PROJECT '
I
AREA MAP
I SCALE:1"=5000'
11.63 AC LIMMER TRACT 1
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-----------.----J
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! ! OA3 AC LIMMER TRACT 2
APPROXIMATE ■�■� _ _ _ _ _ _ _ _
CENTERLINE ■ = ■ ■1
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BRANCH
TRIBUTARY 3 �� .
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n Date Saved:3/29/2023 2:12 PM
Chandler Branch Tributary 3 Project
ROUND ROCK TEXAS
UTILITIES ANo EN VINONMENTII SEaviEES