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R-2025-012 - 1/9/2025 RESOLUTION NO. R-2025-012 WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section 43.003, a home-rule municipality may extend to the boundaries of the municipality and annex area adjacent to the municipality; and WHEREAS, Texas Local Government Code, Chapter 43, Subchapter C-3, authorizes municipalities to annex an area on the request of all property owners in an area; and WHEREAS, the City of Round Rock, Texas (the "City") has received a petition for annexation from VPDF Sauls Ranch LLC, DFH Coventry LLC, and Milestone Community Builders LLC (the "Owners") requesting the annexation of 55.772 acres of land situated in Williamson County, Texas, being a portion of Sauls Ranch East, a subdivision of record in Document No. 2023066851 of the Official Public Records of Williamson County, Texas (the "Property"); and WHEREAS,the City desires to proceed with the annexation of the Property; and WHEREAS, in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0672, the City has negotiated a written agreement with the owners of the Property regarding the provision of services to the Property upon annexation ("Municipal Services Agreement"); and WHEREAS, the City and Owners desire to enter into this Municipal Services Agreement and abide by the terms therein,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 0112.20252;4902-3363-0216 That the Mayor is hereby authorized and directed to execute on behalf of the City a Municipal Services Agreement, a copy of said Agreement 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. RESOLVED this 9th day of January, 2025. 4 ;P� / CRAIG ORG , Mayor City of Round lyck, Texas AT ST: AT AN14 FRANKLIN, City Clerk 2 EXHIBIT MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND SAULS RANCH EAST OWNERS This MUNICIPAL SERVICES AGREEMENT(the"Agreement")is entered into on the day of ,202_, by and between the City of Round Rock,Texas, a home-rule municipality of the State of Texas(the"City"),and VPDF Sauls Ranch LLC,a Delaware limited liability company, DFH Coventry LLC,a Florida limited liability company, and Milestone Community Builders LLC,a Teas limited liability company(the"Owners"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered this Agreement. WHEREAS, Section 43.0671 of the Texas Local Government Code permits a municipality to annex an area if each of the owners of the land in an area request the annexation; and WHEREAS, when a municipality elects to annex such an area, the municipality is required to enter into a written agreement with the property owners that sets forth services to be provided by the municipality for the properties in the affected area;and WHEREAS, the Owners own certain parcels of land situated in Williamson County, Texas, which consists of approximately 55.772 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A," attached hereto and incorporated herein by reference(the"Property"or the"Area"); and WHEREAS,the Owners have entered into that certain Development Agreement with the City,dated effective as of October 13,2022,pursuant to Section 212.172 of the Texas Local Government Code,which addresses annexation of the Property;and WHEREAS,the Owners have filed a written request with the City for annexation of the Property pursuant to Section 43.067 1, identified as the"SauIs Ranch East Phase II Annexation" (the"Annexation");and WHEREAS,the City and Owners desire to set forth the City services to be provided for the Property on or after the effective date of the Annexation pursuant to Section 43.0672;and WHEREAS, the Annexation and execution of this Agreement are subject to approval by the governing body of the City. NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein,the City and the Owners agree as follows: 1. PROPERTY.This Agreement is only applicable to the Property,which is the subject of the Annexation. 2. INTENT. It is the intent of the City that this Agreement provide the delivery of full, available municipal services to the Property as described herein,in accordance with State law, which may be accomplished through any means permitted by law. 3. MUNICIPAL SERVICES. A. Commencing on the effective date of the annexation, the City will provide the municipal services set forth below. For the purposes of this Agreement, the term "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City,including the City's infrastructure extension policies and the developer or Owner's participation, in accordance with applicable State law and City ordinances, rules, regulations and policies. i. Fire and Police Services. The City will provide these services to the Area. ii. Planning. Zoning. Building and Code Enforcement. The City will provide comprehensive planning, land development, land use, and building review, inspection services and code enforcement in accordance with all applicable laws, ordinances,rules,regulations and policies. iii. Water and Wastewater. Existing, occupied homes that are using water-well and on-site sewer facilities on the effective date of annexation may continue to use the same. If, and when, the Property is developed, platted, or the current use(s) of the Property changes in the future, landowners shall be required to fund and construct necessary water and wastewater capital improvements to serve the annexed Property in accordance with applicable State law and the City's ordinances,rules,regulations and policies. iv. Solid Waste Service. Within its corporate boundaries, the City currently contracts with Republic Services (f%k/a "Central Texas Refuse") for residential collection only. Any commercial development in the Area shall contract individually for solid waste collection services. B. It is understood and agreed that the City is not required to provide any service that is not explicitly included in this Agreement. 4. AUTHORITY. The City and the Owners represent that they have full power authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. The Owners acknowledge that approval of the Annexation is within the sole jurisdiction of the City's governing body. Nothing in this Agreement guarantees favorable decisions by the City's governing body. 5. SEVERABILITY. If any part,term,or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part,term or provision, and the rights of the parties will be construed as if the part, term, or provision was never a part of the Agreement. 6. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement,the terms and conditions of this Agreement will be interpreted in accordance with the laws of the State of Texas. 7. GOVERNING LAW AND VENUE. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 9. WAIVER. The failure of either party to insist on the performance of any term of provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 11. CAPTIONS. The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement. 12. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE PROPERTY. This Agreement is binding on and inures to the benefit of the parties,their successors, and assigns. The term of this Agreement constitutes covenants running with the land compromising the Property and is binding on the Owners. 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of the annexation of the Property. CITY OF ROUND ROCK,TEXAS By: Craig Morgan, Mayor Date: Attest: By: Ann Franklin, City Clerk For City,Approved as to Form: By: Stephanie Sandre, City Attorney OWNERS: VPDF SAULS RANCH LLC a Delaware limited liability company By: VP Finders 2 Holdings LLC a Delaware limited liability company its Sole Member By: VArde Partners, Inc. a Delaware corporation its Manager By: Name: Anders Gode Title: Managing Director DFH COVENTRY LLC a Florida limited liability company By: Name: r c (ter; Title: D/ ry u 1-: n �~ •� MILESTONE COMMUNITY BUILDERS LLC a Texas limited liability company By: e4 Name: LLE, Title: r;Fy ►���• ►� �W ■MUL�� III .���������� ������� ♦���►��� :� �I ♦�� idaLLIL lw owl Iq low- W_W,ow- Not' AM MIL MA SOON ♦1111 � • �I ♦♦�� 1111 i � �1� �1111111� �/���� ��� ��♦ice WE ILI NOW M IL JFJ 4-P MIN N PII �� �i���i��► �. �. SII ��► ��• •• •♦