R-00-12-21-9C6 - 12/21/2000RESOLUTION NO. R- 00- 12- 21 -9C6
WHEREAS, the City of Round Rock desires to replace certain water
service lines on property located at the intersection of Hesters
Crossing and Dry Creek Drive, and
WHEREAS, the City and the owners of the property wish to share in
the costs of 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 Cost Participation and Maintenance Agreement for
Water Service Lines with the Crossing Condominiums Home Owners
Association in connection with the construction and replacement and the
future maintenance of certain water lines at the intersection of
Hesters Crossing and Dry Creek Drive, 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 21st day of De �• OO
r'7 r
R, \WPDOCS \Reooluti \COSTPART.WPD /oc
City Secretary
ROBERT A. STLUKA, JR., Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ KNOW ALL MEN HY THESE PRESENTS:
S
COST PARTICIPATION AND MAINTENANCE AGREEMENT
FOR WATER SERVICE LINES
This Cost Participation and Maintenance Agreement For Water
Service Lines ( "Agreement ") is made by and between the City of
Round Rock (hereinafter referred to as the "City "), and the
Crossing Condominiums Home Owners Association, hereinafter referred
to as ( "HOA "), in connection with cost participation in the
construction and replacement and the future maintenance of certain
water service lines.
Recitals
The Crossing Condominiums is a condominium project located in
the City at or near the intersection of Hesters Crossing and Dry
Creek Drive. When the Crossing Condominiums were constructed
several years ago, polybutylene pipe was used for the water lines
which provide water service to the condominiums. Such pipe has been
found to be unsuitable for water service because leaks develop and
it is therefore now necessary to replace such pipe. Additionally,
when the original water lines were installed, it was unclear where
the public lines ended and private lines began with respect to
maintenance responsibilities. The purpose of this Agreement is to
set out the parties' agreement with respect to their sharing of the
cost of replacing the defective pipe and to set forth their
agreement with respect to their responsibilities for the
maintenance of the water lines in the future.
Agreements
1. The City and HOA agree to participate in the cost of
construction and replacement of water service lines (hereinafter
referred to as the "Project ") which will involve the construction
and /or the replacement of the facilities described in Exhibit A,
attached hereto and made a part of this Agreement for all purposes
(the "Improvements ").
S, \"PDDCS \ACITY \UCi11Cy Pilef \Sestet® Crossing Condos \agreement.wpd /els
2. The City will: (i) obtain public bids for the
construction of the Improvements, (ii) select a contractor based
upon the lowest responsible bid received and (iii) enter into a
contract for the construction of the Improvements with the
contractor selected for the amount of such contractor's bid.
3. Within ten (10) days of the City selecting the
contractor, the HOA agrees to deposit with the City, one -half of
the total contract amount plus an additional fifteen percent (15 %)
to cover contingencies. If there are any Change Orders approved by
the City which cause an increase in the contract amount of more
than fifteen percent (15 %), the HOA agrees to deposit with the City
one -half of the increased amount within ten (10) days following
receipt of an invoice therefor. If the final cost of the contract
entered into by the City under paragraph 2 above is decreased, then
within thirty (30) days after completion of the Improvements the
City will reimburse HOA one -half of the amount of such decrease. In
any event HOA is required to reimburse and /or pay to the City one -
half of the final total cost of the Improvements. The City agrees
to pay one -half of the final total cost of the Improvements.
4. Following the completion of the Project and Improvements,
the City agrees that it will be responsible for repair and
maintenance of the Improvements from the water main up to and
including the water meter. HOA agrees that it will be responsible
for repair and maintenance of the Improvements from the meter to
the condominiums and any accessory structures.
5. This Agreement is being executed and delivered, and is to
be performed, under the laws of the State of Texas, and the laws of
the State of Texas shall govern the validity, construction,
enforcement and interpretation of this Agreement.
6. In the event that judicial action is necessary for the
interpretation or enforcement of any of the covenants or conditions
contained herein, the City and HOA agree and consent to the
jurisdiction of the District Courts and County Courts at Law of
Williamson County, Texas, and of the United States District Court
for the Western District of Texas (Austin Division), and
acknowledge that such courts shall constitute proper and convenient
forums for the resolution of any actions between the City and HOA
with respect to the subject matter hereof, and agree that such
courts shall be the exclusive forums for the resolution of any
2
actions between the City and HOA with respect to the subject matter
hereof.
7. If any provision in this Agreement is held to be illegal,
invalid 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 -
Furthermore, in lieu of such illegal, invalid or unenforceable
provision, a provision as similar in terms to such illegal, invalid
or unenforceable provision as may be possible and he legal, valid
and enforceable shall govern.
8. This Agreement sets forth the entire understanding and
agreement of the parties. All other oral Agreements by the parties
hereto are hereby merged into this Agreement, which shall not be
amended or altered except by a written document signed by the
parties hereto. This Agreement is separate and distinguishable from
and shall not constitute an amendment of; or modification to any
other agreement between the parties.
9. If any action at law or in equity, including an action
for declaratory relief, is brought to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled
to recover reasonable attorney's fees, costs of court and
reasonable costs incurred to maintain such action, from the other
party, which fees may be set by the Court in the trial of such an
action or may be enforced in a separate action brought for that
purpose, and which fees shall be in addition to any other relief
which may be awarded.
10. This Agreement shall inure only to the benefit of the
parties hereto. No other person or entity shall be considered as a
beneficiary of this Agreement.
11. Notices provided for hereunder shall be directed as
follows:
(a) Notices to the City shall be directed to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
3
With a photocopy to:
Director of Public Works
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
(b) Notices to HOA shall be directed to:
The Crossing Condominiums HOA
Attn: Fred Harder
Harder Properties, Inc.
3432 Greystone Dr., Suite 100
Austin, Texas 78731
12. This Agreement shall be effective upon proper execution
by all parties hereto.
ATTEST:
nne Land, City Secretary
CITY OF ROUND ROCK, TEXAS
B
Robe . Stluka, Jr. Mayor
Dated: December C2) , 2000
The Crossing Condominiums HOA
By .
Fred Harder, its Manag r
4
NOTES:
1. UTWIIES SHOWN ARE FROM RECORD DRAWINGS.
CONTRACTOR 5 RESPONSIBLE FOR FIELD VERIFYING
EXACT LOCATON AND DEPTH OF ALL EOSRNO
UTILITIES PRIOR TO ANY EXCAVATION.
2. SEE DETAILS FOR LOCATION AND PIACIMENT
OF PROPOSED WATER SERVICES.
20' D.E. & P.U.E.
DOSING WATERLINE
E%SWING DOUBLE WATER SERYCE
LTOSRN2 SINGLE WATER SERVICE
EXLSRNG WASTEWATER LINE - -8101- -
EFISRNG BUILDING
EXISTING CARPORT
EOSTING PAVEMENT
LEGEND
Ili
DRY CREEK DRIVE
WATER SERVICES TO BE REPLACER
DOUBLE SEROTCES 15
SINGLE SERVICES 2
TOTAL 17
STALE 1
CAUTIONB
DM= GAS LINOS AND
UNDERGROUND 0ECTR1D
LINES IN THE AREA.
20' D.E & P.UP.
EXHIBIT A
20F 8)
DATE: December 15, 2000
SUBJECT: City Council Meeting — December 21, 2000
ITEM: 9.C.6. Consider a resolution authorizing the Mayor to execute a Cost
Participation and Maintenance Agreement with the Crossing
Condominiums Home Owners Association for replacement water
lines.
Resource: Jim Nuse, Public Works Director
History: The Crossing Condominiums have blue tubing. They have experienced
numerous failures over time. The association wishes to pay half of the
replacement cost, which includes relocation of the meter boxes. Engineering
was done in- house.
Funding:
Cost: $65,000.00 (includes contingency)
Source of funds: Half of the funds will come from the association and the other
half will come from blue tubing lawsuit proceeds.
Outside Resources: City to contract with JNM, Inc. for construction.
Impact/Benefit: This will improve water accountability and make a more efficient water
system.
Benefit: The City and the owners of the property wish to share in the costs of the project.
•
CARPORT
CARPORT
20' D.E. & P.U.E.
EXISTING BUILDING
EXISTING CARPORT
EXISTING PAVEMENT
LEGEND
EXISTING WATERLINE 6
EXISTING DOUBLE WATER SERVICE i
EXISTING SINGLE WATER SERVICE -a
EXISTING WASTEWATER LINE —
WATER SERVICES TO BE REPLACED
DOUBLE SERVICES 15
SINGLE SERVICES 2
TOTAL 17
CAUTION!!
EXISTING GAS LINES AND
UNDERGROUND ELECTRIC
LINES IN THE AREA
20' D.E. & P.U.E.
NOTES:
1. UTILITIES SHOWN ARE FROM RECORD DRAWINGS.
CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFYING
EXACT LOCATION AND DEPTH OF ALL EXISTING
UTILITIES PRIOR TO ANY EXCAVATION.
2. SEE DETAILS FOR LOCATION AND PLACEMENT
OF PROPOSED WATER SERVICES,
DRY CREEK DRIVE
EXHIBIT A
al
1
SHEET uuIEIEt
2 OF 6
\CIty Construction ProJects12000 1UtiIItles1SOUTHWESTIBLUE TUBING - CROSSING CONDOSICROSSING.dwg, 12/18/00 05:03:04 PM, plot by.RSH
Dec -12 -00 1O:47A HARDER PROPERTIES
11 /30 /2000 THU 13:47 YAL Dtarwn KU4ARAULL 0-- +o "
512 418 9442 _ P.02
TEE STATE OF TEXAS 1
5 KNOW ALL MEN DI TBESE PRESENTS:
COUNTY OF WILLIANSON 3 •
COST PARTICIPATION AND MAINTENANCE AGREEMENT
FOR WATER SERVICE LINES
This Cost Participation and Maintenance Agreement For Water
Service Lines ( "Agreement ") ie made by and between the City of
Round Rock (hereinafter referred to as the "City "), and the
Crossing Condominiums Home Owners Association a Texas
hereinafter referred to as ( "HOA "), in connection
with cost participation in the construction and replacement and the
future maintenance of certain water service lines.
Recitals
The Crossing Condominiums is a condominium project located in
the City at or near the intersection of Hestere Crossing and
PtY C10EE K DRIvv -when the Crossing Condominiums were constructed
several yearn ago, polybutylene pipe was used for the water lines
which provide water service to the condominiums. Such pipe has been
found to be unsuitable for water service because leaks develop and
it ie therefore now necessary to replace such pipe. Additionally,
when the original water lines were installed, it was unclear where
the public lines ended and private lines began with respect to
maintenance responsibilities. The purpose of this Agreement is to
set out the parties' agreement with respect to their sharing of the
cost of replacing the defective pipe and to set forth their
agreement with respect to their responsibilities for the
maintenance of the water lines in the future.
Agreements
1. The City and HOA agree to participate in the cost of
construction and replacement of water service lines (hereinafter
referred to as the "Project ") which will involve the construction
and /or the replacement of the facilities described in Exhibit A,
attached hereto and made a part of this Agreement for all purposes
(the "Improvements ").
c. \.."oelacZTW;4* .r Hl"•V"aes. Cueing a.AO. \."c.... S..ps/.l.
Dec -12 -O0 1O:47A HARDER PROPERTIES
11/30/Y000 THU 18:90 YAd DRUM ac mamma., s
512 418 9442
2. The City will: (i) obtain public bide for the
construction of the Improvements, (ii) select a contractor based
upon the lowest responsible bid received and (iii) enter into a
contract for the construction of the Improvements with the
contractor selected for the amount of such contractor's bid.
3. Within ten (10) days of the City selecting the
contractor, the HOA agrees to deposit with the City, one -half of
the total contract amount plus an additional fifteen percent (15%)
to cover contingencies. If there are any Change Orders approved by
the City which cause an increase in the contract amount of more
than fifteen percent (15 %), the HOA agrees to deposit with the City
one -half of the increased amount within ten (10) days following
receipt of an invoice therefor. If the final cost of the contract
entered into by the City under paragraph 2 above is decreased, then
within thirty (30) days after completion of the Improvements the
City will reimburse ROA one -half of the amount of such decrease. In
any event HOA is required to reimburse and /or pay to the City one-
half of the final total cost of the Improvements. The City agrees
to pay one -half of the final total coat of the Improvements.
4. Following the completion of the Project and Improvements,
the City agrees that it will be responsible for repair and
maintenance of the Improvements from the water main up to and
including the water meter. HOA agrees that it will be responsible
for repair and maintenance of the Improvements from the meter to
the condominiums and any accessory structures,
5. This Agreement is being executed and delivered, and is to
be performed, under the laws of the State of Texas, and the laws of
the State of Texas shall govern the validity, construction,
enforcement and interpretation of this Agreement.
6. In the event that judicial action is necessary for the
interpretation or enforcement of any of the covenants or conditions
contained herein, the City and HOA agree and consent to the
jurisdiction of the District Courts and County Courts at Law of
Williamson County, Texas, and of the United States District Court
for the Western District of Texas (Austin Division), and
acknowledge that such courts shall constitute proper and convenient
forums for the resolution of any actions between the City and HOA
with respect to the subject matter hereof, and agree that such
courts shall be the exclusive forums for the resolution of any
2
P_03
Dec -12 -O0 10:47A HARDER PROPERTIES
11/30/2000 TRU 13:45 FAS BROWN ACLAIMU .L aaeeia ■
512 418 9442 PO4
actions between the City and HOA with respect to the subject matter
hereof.
7. If any provision in this Agreement ie held to be illegal,
invalid or unenforceable under present or future laws, other
provisiona shall not be affected by the illegal, invalid or
unenforceable provision or by its severance from this Agreement -
Furthermore, in lieu of such illegal, invalid or unenforceable
provision, a provision as similar in terms to such illegal, invalid
or unenforceable provision as may be possible and he legal, valid
and enforceable shall govern.
8. This Agreement sets forth the entire understanding and
agreement of the partiee. All other oral Agreements by the parties
hereto are hereby merged into this Agreement, which shall not be
amended or altered except by a written document signed by the
parties hereto. This Agreement is separate and distinguishable from
and shall not constitute an amendment of; or modification to any
other agreement between the parties.
9. If any action at law or in equity, including an action
for declaratory relief, is brought to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled
to recover reasonable attorney's fees, costa of court and
reasonable costa incurred to maintain such action, from the other
party, which fees may be set by the Court in the trial of such an
action or may be enforced in a separate action brought for that
purpose, and which fees shall be in addition to any other relief
which may be awarded.
10. This Agreement shall inure only to the benefit of the
parties hereto. No other person or entity shall be considered as a
beneficiary of this Agreement.
11. Notices provided for hereunder shall be directed as
follows:
(a) Notices to the City shall be directed to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
3
Dec-- 12-00 1O:48A HARDER PROPERTIES
11/70/2000 IUU 10:49 rL& DROWN accUu,o.... aaraaa ..
ATTEST:
With a photocopy to
Joanne Land, City Secretary
Director of Public Works
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 70664
(b) Notices to HOA shall be directed to:
The Crossing Condominiums ROA
Attn: Gayle Gilmore
Harden Properties, Inc.
3432 Greystone Dr., Suite 100
Austin, Texas 78731
12. This Agreement shall be effective upon proper execution
by all parties hereto.
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
Dated: December , 2000
The Crossing Condominiums HOA
/
Sy: 5-4 ila v /
Fr...rt 1ar4ar, its Manare.
4
512 418 9442 _ _ P. O5
Dec -12 -O0 1O:48A HARDER PROPERTIES
11/80/Z000 MN 13 :48 t'Aa BALMS ■Clwa.mL mar-Div s
IXHIBIT •A'
(Improvemat=)
5
512 418 9442 P_ 06