R-00-09-14-10B1 - 9/14/2000Email
armaugh®usa.net
Charles Crossfield, Esq.
Brown McCarroll Sheets & Crossfield, L.L.P.
309 E. Main Street
Round Rock, Texas 78664 -5246
Dear Mr. Crossfield:
RAA/rst
enclosure
LAW OFFICE OF
RICHARD A. ARMAUGH,
A Professional Limited Liability Company
1701 Hermann Drive, Suite 1403
Houston, Texas 77004
713.529.4999
August 21, 2000
Re: Release and Acknowledgment; Agreement with the
City of Round Rock; Our Client: Round Rock
Village Square, L.P.
Facsimile
281.754.4798
In accordance with our phone conversation this morning, I have executed the Release and
Acknowledgment without notarization. My execution of this Agreement has been authorized by the
general partner of Round Rock Village Square, L.P.
If you need any other information, please let me know.
RELEASE AND ACKNOWLEDGMENT
Round Rock Village Square, L.P., a Texas limited partnership,
entered into a Cost Participation Agreement with the City of Round Rock,
Texas, on the 3rd of March, 1999, for the construction of a sixteen inch
waterline of properties within the City limits of Round Rock.
By signing this Release and Acknowledgment, Round Rock Village
Square, L.P., hereby acknowledges that said line is complete, and that
no additional costs are due from or owed to, Round Rock Village Square,
L.P., and that the City is entitled to remit to Wag -a -Bag, Inc.
approximately $28,500 as Wag -a -Bag, Inc.'s costs incurred for
construction of said line.
Executed this s day of �GcIrST 2000.
STATE OF
COUNTY OF
C: \WPDOCS \ROVNDROC \RRV{LLAG \RSAC3 OW.WPD /kg
ROUND ROCK VILLAGE SQUARE, L.P.
"1 /d
Y
Prin ed Name: pr ,/ Y42 �� ly
ACKNOWLEDGMENT
Title: ATiFsz 6� �v �ecr
This instrument was acknowledged before me on this the day of
, 2000 by of
ROUND ROCK VILLAGE SQUARE, L.P., a limited partnership, on
behalf of said limited partnership.
Notary Public, State of
Printed Name:
My Commission Expires:
.C U7.1, I Ur MUUIIL MLAAN
D1GG16fG7! r.GC
• \RROCCe\RS60WCi \R90]3111.RR0 /ag
RESOLUTION NO. R- 99- 03- 11 -14A7
WHEREAS, Round Rock Village Square, L.P., ( "Developer ")
intends to sub- divide a certain 3.877 acre tract of land located
within the City limits along Louis Henna Boulevard into a 0.927
acre tract and a 2.950 acre tract ( "Properties "), and
WHEREAS, it is necessary to construct a sixteen inch water
line along the southern property lines of the Properties for a
length of approximately 425 linear feet, and
WHEREAS, the City and the Developer have agreed to
participate in sharing equally the cost of construction of said
water line as set forth in a Cost Participation Agreement, 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 if the City a Cost Participation Agreement with the
Developer, a copy of said Agreement being attached hereto 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, and the Act.
RESOLVED this llth day of March, 1999.
08/02/2000 WED 09:07 [TX /RX NO 8107] 2h002
ATTEST:
LAND,
City Secretary
2.
/
08/02/2000 WED 09:07 (T% /R% NO 8107] 0003
IYUU GG — CGGG rJJ 1 J 1. I I I Ur fl JUIYL Rut.,
This Cost Participation Agreement ( "Agreement ") is made by and
between the CITY OF ROUND ROCK, TEXAS ("City "), a municipal
corporation and home -rule city of the State of Texas, and ROUND
ROCK VILLAGE SQUARE, L.P., a Texas limited partnership
( "Developer ").
WHEREAS, the Developer intends to sub - divide a certain 3.877
acre tract located within the City limits along Louis Henna
Boulevard into a 0.927 acre tract and a 2.950 acre tract (the
"Properties "); and
WHEREAS, it is necessary to construct a sixteen inch water
line along the southern property lines of the Properties for a
length of approximately 425 linear feet (the "Project "); and
WHEREAS, the City and the Developer have agreed to participate
in sharing equally the cost of Construction of said water line; and
WHEREAS, the Agreement is authorized under Subchapter C,
Chapter 212 of the Texas Local Government Code;
NOW THEREFORE, the City and the Developer hereby agree to the
terms and conditions as herein set forth.
z: \since, OOMMODc\Iaso\e4wmwcAuoleec
COST PARTICIPATION AGREEMENT
RECITALS
I.
SCOPE OF PROJECT
The City and Developer agree that it is necessary to construct
a sixteen (16 ") water line along the southern boundary of the
Properties to effectively deliver water to the Properties. The
parties further agree that it is fair and equitable that the
Developer participate with the City in sharing the costs of
approximately 425 linear feet of said water line.
II.
DEVELOPER COST
The Developer agrees to pay one -half of all construction costs
of approximately 425 linear feet of the above- described 16" water
line. The construction costs include, but are not limited to,
installation, pipes, joints, excavation, fill, construction,
equipment, engineering, surveying, and other related items. The
Developer agrees to remit to the City at the signing of this
Agreement the sum of $14,025, which represents one -half of the
estimated cost of construction of 425 linear feet of water line at
$66.00 per linear foot. The Developer further agrees to remit to
the City, within ten (10 ) days after receipt of written notice,
any additional amount over and above $14,025 which may be due and
owing after the Project is complete, said additional amount being
one -half of any remaining construction costs of the Project. The
City agrees to remit to the Developer the pro -rata share of any
costs if the construction costs of the Project are less than
$14,025.
08/02/2000 WED 09:07 [T% /R% NO 8107] U004
ACCEPTANCE OF RE -PLAT
This Agreement is partially in consideration of the City
authorizing the acceptance and recordation of a re -plat of the
Property into a 0.927 are tract and a 2.950 acre tract. Said re-
plat may be recorded by Developer upon remittance of the above -
described $14,025.
IV.
PROJECT LOCATION
Said water line is to be constructed pursuant to the sketch
prepared by Cecil Jack Chisolm, R.P.L.S., dated February 17, 1999,
attached hereto and incorporated herein as Exhibit A.
CITY:
ur muurvu icu�n
City of Round Rock, Texas
City Manager
221 East Main Street
Round Rock, Texas 78664
with a copy to:
Director of Public Works
City of Round Rock, Texas
2008 Enterprise Driver
Round Rock, Texas 78664
V.
>1GG1a(G7r r.GJ /1G
EASEMENT DEDICATION
The Developer agrees to dedicate to the City any and all
easements within the Property, whether permanent or temporary, for
the installation, maintenance, operation, and repair of said water
line.
VI.
TEMPORARY WATER SERVICE
The City agrees to grant the Developer, its successors and
assigns, temporary water service to the 0.927 acre tract as
described in Exhibit "A", from the existing water line located at
the southeast corner of the 2.950 acre tract, also as described on
Exhibit "A ".
VII.
NOTICE
Notice shall be provided as follows:
2
08/02/2000 WED 09:07 ITX/RX NO 8107] a005
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INTEkIrriAl3OF. wuzNesn PARY.
=~'"° TWO
BLOCK 11 LOT 7
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CAR. EL 190-199
EXHIBIT "A"
08/02/2000 WED 09:07 [TX/RX NO m^r/ I21007
This Agreement is being executed and delivered and is
performable in Williamson County, Texas.
This Agreement sets forth the entire understanding and
agreements between the parties.
If any provision in this Agreement is held to be invalid,
illegal or unenforceable under present or future laws, other
provisions shall not be affected by the illegal, invalid or
unenforceable provision or by its severance from this Agreement.
This Agreement shall be effective upon proper execution by all
parties hereto.
L I 1 7 Ur KUUNU KUI.K
DEVELOPER:
Round Rock Village Square, L.P.
Staron Development Limited,
General Partner
Joseph Martin, President
1918 Taft
Houston, Texas 77006
ST:
LAND, Asst. City Manager
VIII.
MISCELLANEOUS
DEVELOPER:
ROUND ROCK VILLAGE SQUARE, L.P.
a Texas limited partnership
Staron Development Limited,
General Partner
seph Martin, resident
CITY O ROUND ROCK, TEXAS
ieeid(tf( r.tJO
By: il
Charlie Culp per, Mayor
08/02/2000 WED 09:07 [T% /R% NO 8107] 2h006
HULti NJG - Guu. 07. GU
L I I Y Ur KUUNU KUUK
51LGlti'f6Yf Y.Uti /110
DATE: March 5, 1999
SUBJECT: City Council Meeting — March 11, 1999
ITEM: 14.A.7, Consider a resolution authorizing the Mayor to execute an
agreement with Round Rock Village Square LP. for a cost sharing
agreement for a 16" waterline along Louis Henna Boulevard Mr.
Kugler will pay for 'Y2 of the line cost and be permitted to provide
water service on a temporary basis to Lot 1 of his subdivision. Staff
Resource Person: Jim Nuse, Public Works Director.
08/02/2000 WED 09:07 [T% /R% NO 8107] IJ008
Email
armaugh®usa.oet
Jim Nuse
Director of Public Works
City of Round Rock, Texas
2008 Enterprise Drive
Round Rock, Texas 78664
Dear Mr. Nuse:
U• I , Ur MUUIYY \UV,\ U1GGlO,G7, r.., lu
LAW OFFICE OF
RICHARD A. ARMAUGH,
.t Pr :tonal Umba9Valli/kg Company
2990 Richmond Avenue, Suite 100
Houston, Texas 77098
713.933.0200
March 31, 1999
Re: Round Rock Village Square, L.P.; Cost Participation
Agreement
Facsimile
713.933.0202
713.521.2993
Enclosed herewith is an executed copy of the Cost Participation Agreement together with
Cashier's Check No. 370334 drawn on Houston Commerce Bank in the amount of$14,025.00 made
payable to the City of Round Rock, Texas.
The enclosed Cost Participation Agreement contains a signature page which was has been
re-done, without changing the text, in order to accommodate the correct name, address and contact
for my client, Round Rock Village Square, L.P. I have also enclosed the original signature page.
If there are any remaining issues concerning the filing or accepting of the re -plat of the
subject property, please let me know immediately. If you have any questions or concerns, please
feel free to contact me at your earliest opportunity.
RAA/rst
enclosure
08/02/2000 WED 09:07 [T% /Rx NO 8107] lj 009
DATE: April 1, 1999
TO: David Kautz
Finance Director
FROM: James R. Nuse,P.E.
Public Works Direct
RE: Round Rock Village Square,L.P.
Check No. Bank
Enclosure
cc: File -Round Rock Village Square
wrvilaqu. cpaljnivrn
ur NUUINU MU,"
CITY OF ROUND ROCK
INTEROFFICE MEMORANDUM
Transmitted herewith is a Cashier's Check satisfying the Cost Participation Agreement for tl}e
above referenced development. If you have any questions please give me a call.
Fee Amount
370334 Houston Commerce Cost Participation $14,025.00
Agreement
PUBLIC WORKS DEPARTMENT
5122187097 P.10/10
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TOTAL P.10
08/02/2000 WED 09:07 [TX /RX NO 8107] 0010
744",rido.
RECEIVED AUG 2 : 20110
JO 1J NE LAND, City Secretary
K.\ KPOOCS \ASSOLUTI \A0091ee1.UPO /cdc
RESOLUTION NO. R- 00- 09- 14 -10B1
WHEREAS, in Resolution No. 99- 03- 11 -14A7, the City of Round Rock
approved a Cost Participation Agreement wherein the City and Round Rock
Village Square, L.P. participated in the cost of contracting a 16"
waterline, and
WHEREAS, Round Rock Village Square, L.P. has conveyed its real
property interests to Wag -A -Bag, Inc., and
WHEREAS, Round Rock Village Square, L.P. is entitled to an oversize
reimbursement of $28,750.00 and has released the right to said reimbursement
to Wag -A -Bag, Inc., said release being attached hereto as Exhibit "A ", and
WHEREAS, the City Council wishes to approve said reimbursement, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby approves of the reimbursement to Wag -A -Bag
of $28,750.00, which is the cost of oversizing water mains associated with
the construction of a 16" waterline.
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,
and the Act.
RESOLVED this the 14th day of tuber, 000.
ROITV A. STLUKA, 'R., Mayor
City of Round Rock, Texas
EXHIBIT
y/9 11
RELEASE AND ALKNOWLk:u ' NT
Round Rock Village Square, L.P., a Texas limited partnership,
entered into a Cost Participation Agreement with the City of Round Rock,
Texas, on the 3rd of March, 1999, for the construction of a sixteen inch
waterline of properties within the City limits of Round Rock.
By signing this Release and Acknowledgment, Round Rock Village
Square, L.P., hereby acknowledges that said line is complete, and that
no additional costs are due from or owed to, Round Rock Village Square,
L.P., and that the City is entitled to remit to Wag -a -Bag, Inc.
approximately $28,500 as Wag -a -Bag, Inc.'s costs incurred for
construction of said line.
Executed this r-2/ day of 4,4Sit'57 , 2000.
STATE OF
COUNTY OF
C: \WPDOCS\ ROUNDROC \RRVILLAG \RSACIWOW. wen/ k 9
ROUND ROCK VILLAGE SQUARE, L.P.
By:
ACKNOWLEDGMENT
, , i 400
Prin ed Name. 7e,4/ Y AW, iekolowili
Title: .4776.evaV "v �.vc,
This instrument was acknowledged before me on this the day of
, 2000 by of
ROUND ROCK VILLAGE SQUARE, L.P., a limited partnership, on
behalf of said limited partnership.
Notary Public, State of
Printed Name:
My Commission Expires:
DATE: September 8, 2000
SUBJECT: City Council Meeting — September 14, 2000
ITEM: 10.B.1. Consider a resolution authorizing a reimbursement to Round Rock
Village Square, L.P. in the amount of $ 28,475.00 for the
construction of a 16 -inch waterline. Staff Resource Person: Jim Nuse,
Public Works Director.