R-2014-1977 - 11/13/2014 RESOLUTION NO. R-2014-1977
WHEREAS, HW Development, L.L.C. ("Developer") is developing a 274 unit residential
subdivision ("Project") off Red Bud Lane at the location shown on Exhibit "A" of the Cost
Participation Agreement; and
WHEREAS, a Traffic Impact Analysis prepared for Developer indicates that the Project
requires the construction of certain traffic improvements, including the installation of a sidewalk, a
right-turn lane and two traffic lights; and
WHEREAS, the City of Round Rock ("City") and Developer desire to enter into a Cost
Participation Agreement to set forth their mutual intent and understanding regarding the costs of said
traffic improvements,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 Cost
Participation Agreement with HW Development, L.L.C., a copy of same being attached hereto as
Exhibit"A" and incorporated herein for all purposes.
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 13th day of November, 2014.
in') /L -
AL N MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
ffl/IIAL._. 40
SARA L. WHITE, City Clerk
0112.1404; 00314905
EXHIBIT
„A»
COST PARTICIPATION AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS COST PARTICIPATION AGREEMENT ("Agreement") is entered into between the
City of Round Rock, Texas, a Texas home-rule city ("City"); and HW Development, L.L.C.,
("Developer"). In this Agreement, Round Rock, and Developer are sometimes individually
referred to as " Party"and collectively referred to as"Parties".
RECITALS
WHEREAS, Developer, in conjunction with others, is developing a 274 unit residential
subdivision off Red Bud Lane at the location shown on Exhibit "A", attached hereto and
incorporated herein (the "Project"); and
WHEREAS, a Traffic Impact Analysis (the"TIA") was prepared for Developer by HDR
Engineering, dated October 10, 2014 and amended October 23rd, 2014; and
WHEREAS, the TIA indicates that the Project requires the construction of certain traffic
improvements (the "Improvements"), including the installation of a sidewalk, a right-turn lane
and two traffic lights; and
WHEREAS, the City and Developer desire to participate in sharing the costs of the
Improvements:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
TERMS
A. Developer Participation. Developer agrees to construct the following improvements:
1. Prior to City of Round Rock acceptance of Phase 1, Developer shall construct a
five foot (5') wide sidewalk within the eastern right-of-way of Red Bud Lane from the southern
Project boundary to Old Settlers Blvd.
2. Prior to City of Round Rock acceptance of Phase 1, Developer shall construct a
right turn lane off of Red Bud Lane into the Project's main entrance opposite Pauling Lane.
Madsen development agreement(00314552xA08F8)
Plans for said turn lane shall be approved by the City of Round Rock Transportation Department
in writing prior to bid award.
3. Prior to City of Round Rock acceptance of Phase 1, Developer shall deposit with
the City Nineteen Thousand Five Hundred and no/100 dollars ($19,500) for the installation of a
traffic signal located at the intersection of Old Settlers Boulevard and Red Bud Lane, as shown
on Exhibit "A" (First Signal). This amount represents the Developer's pro rata share of ten
percent (10%) of the estimated cost of this signal.
4. Prior to City of Round Rock acceptance of the final Phase for the Project,
Developer shall deposit with the City Twenty-Five Thousand Five hundred and no/100 dollars
($25,500) for the installation of a second traffic signal located at the intersection of Red Bud
Lane and N. CR 122, as shown on Exhibit "A" (Second Signal"). This amount represents the
Developer's pro rata share of eight and one half percent (8.5%) of the estimated cost of this
signal.
B. City Participation.
1. The City will be solely responsible for the construction of the First and Second
Signals, when warranted pursuant to the Texas Manual of Uniform Traffic Control Devices. The
First Signal will be constructed within eighteen (18) months of receipt of payment from
Developer. The Second Signal will be constructed within ten (10) years of receipt of payment
from Developer. If either traffic signal is not constructed within their respective timelines
described in this section, the City shall remit to Developer the respective sum paid for each
traffic signal.
II.
GENERAL PROVISIONS
A. Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction,the
remainder of this Agreement shall not be affected and this Agreement shall be construed as if the
invalid portion had never been contained herein.
B. Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
C. Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the Reuse Water
project and supersedes all prior or contemporaneous understandings or representations, whether
oral or written, regarding the subject matter.
D. Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
E. Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
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F. 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 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.
G. Assignability. This Agreement may be assigned by Developer without the consent of the
City, but irrespective of any assignment, this agreement is binding on Developer, his successors
and assigns.
H. Exhibit. The following exhibit is attached to this Agreement and incorporated herein by
reference:
Exhibit A - The Property
I. Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
J. Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
(signatures on the following page)
3
CITY OF ROUND ROCK:
ATTEST: By:
Alan McGraw, Mayor
Sara White, City Clerk
Date:
HW DEVELOPMENT, L.L.C.
By:
Its:
Date:
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
On this day of , 2014, before me, the undersigned notary
public, personally appeared Alan McGraw, Mayor of the City of Round Rock, Texas, known to
me to be the person whose name is subscribed to the within instrument and acknowledged that he
executed the same for the purposes therein stated.
Notary Public, State of Texas
4
STATE OF §
§
COUNTY OF §
On this day of , 2014, before me, the undersigned notary
public, personally appearedof HW Development, LLC,
known to me to be the person whose name is subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein stated.
Notary Public, State of
After Recordation, Please return to:
Charles Crossfield
Sheets & Crossfield, P.C.
309 East Main
Round rock, Texas 78664
5
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