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Contract - HW Development LLC - 11/13/2014 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).docx �2 '.21611 `�- 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. 2 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: s641)') Alan McGraw, Mayor 951/11/1/1 IkOCUE9 Sara White, City Clerk Date: f3. 14— HW DEVE , OPMENT, L.L.C. By: Its: I rtir , 14-x- Date: OC 1-01) .0 7)1 , 10 �hn Avg(-, STATE OF TEXAS § COUNTY OF WILLIAMSON § On this 10 day of Klo , 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. Zr ..............�ta�� 1 us;� Ct/� Notary Pu State o �e al" AT i glF of 1`,�. •••..EXPItt�. 0 09-O9=.v rr 1111111 4 STATE O1 e (a.S § COUNTY OF (AJ)I( § On this 31-- day of I , 2014, before me, the undersigned notary public, personally appeared 1,01 L _ , of HW Development, LLC, known to me to be the person whose ame is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein stated. YU� ,,oa.,l :.,;�, MICHELLE MARIE FREISCHMIDT ?: Notary Public.State of Texas , „/ �— My Commission Expires ( (X� ',,;f,M,Ye December 27, 2015 No ary Pub c, Stat of Pri i mz:-+re_ ' After Recordation, Please return to: Charles Crossfield Sheets & Crossfield, P.C. 309 East Main Round rock, Texas 78664 5 X _ I I 1 'c• .�[y����y' ,`-. .11.1;^3 i. ' ~ � a, ! r• "`; f 1� c i Gm. rn 4' r v II -''!R... � •+,:,, 111 •re*.' , ' } ' I}. •... �\ = ffl 1' --..1,....-i.•. 1i? II r -y i ( Ef'S f ® 1 j+ I -,,,,_—..,„..,,-.• v 3,-, (� i, ,Ig4f;J ,x, ��ir y �^ . I(� -t ..f Y - . ) •.•s 1 t E:1 , '''' - (1T•j k G' t. M z y • -L-'1 t C 11 --x, • 1 --,,, I ' .,t_. �� 1 , (..� � , y(• '!� 1.---'tCJ ,- ' 1 � 'Y..• 7� il.[1�• EY; AIE Y � ` I::. frl t • .., �•-.: �, .+ 'Q`-, . i_ a L f1 ,-j UM 1 i s �� _ /Q - fir. ,ri.1 l`; res 1 ��*' /dry{ `. 2. , 7S" _. + ,��` 7IS. 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'fna.s fs ,•.'• Fir Yi . %'�� ,M1 +},-' _.i... -.. i r.1 ifr > . _ ,1? .`mak_ L iF 11f•. , z 111 U I III 11111111 G:Gs 2014093782 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 23`d, 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).docx 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. 2 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 9/144, Pe17(7(19 Sara White, City Clerk Date: .t . l 4- HW DEVE OPMENT,L.L.C.� By: Its: rt4`', Date: Oct , )? 1 O M J k n Ave-mf STATE OF TEXAS § COUNTY OF WILLIAMSON § On this I day of Ni.OVeiNkb .r , 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. ..........!Pi+ 4112 e/jk \/%, ( %IL-Cl/6 (1).%. _ Notary Pub it State of T; �•z /� r 4pmnnua 4 STATE O :a. § COUNTY OF (A))( § On this 31--Sday of I 6=e1 , 2014, before me, the undersigned notary public, personally appeared _ of HW Development, LLC, known to me to be the person whose ame is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein stated. "o�*FY�V�� MICHELLE MARIE FREISCHMIDT =r: - "= Notary Public,State of Texas r My Commission Expires � � �;ii,),V December 27, 2015 No•ary Pub c, Stat of rn l C he.l le- Vna-+re_ q►"ec t E- After Recordation, Please return to: Charles Crossfield Sheets & Crossfield, P.C. 309 East Main Round rock, Texas 78664 5 X uv `~ 4.,11,_ 9 ;.,,,,, ,' ., -- - , •---hr 7,-.- - t ...-,--- ,; -----es.,~4-• !k- --,. :tit -.,-./.., ; .1.r.:. ,,,: Ro.-.:. .,,.1. e!,-.y . D 4K, ••,- f --,Arb 1 - -t.. - .ri.j...-- .,-}1 .4 '. ' ';F., ei,' ' . ,...i• \\ : ,- '''''.f' iii.s, si Q:---1: 471-1') \\Ii'k. 1 co ql '..',Ill.7..L:fir, ki,. kl.‘ .:c7i,...,--.---1-;:gctrIt-Ai:-.1;,.5g,,,,,Ei . ... ft ...1 t „it 4 -_,..,,,..., ._ , tabbler , .__. , ri ,i. ' I[ • • 71 • . ••1 7 i 1 ..] RECORDERS MEMORANDUM AD or parts of the text on this page was not ,'