R-01-05-10-13D10 - 5/10/2001O . \WPDOCS \RRSOLUTI \R10510D.10 /Oc
L �'
RESOLUTION NO. R- 01- 05- 10 -13D10
WHEREAS, the City of Round Rock desires to construct A. W. Grimes
Boulevard, a six -lane, curbed and guttered major arterial road running
through property owned by Sycamore Trail, Ltd. ( "Developer "), and
WHEREAS, the City desires to expeditiously design, engineer and
construct A. W. Grimes Boulevard, conditioned upon Developer paying the
City for a portion of the cost of A. W. Grimes Boulevard attributable
to its development, and
WHEREAS, the Developer desires to partially reimburse the City
for costs expended in the construction of A. W. Grimes Boulevard
through the property, 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 Development Agreement with Sycamore Trail, Ltd.
regarding A. W. Grimes Boulevard, 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.
ATTEST:
RESOLVED this 10th day of May, 2001.
E LAND, City Secretary
2
City of Round Rock, Texas
STATE OF TEXAS
. y ,
COUNTY OF WILLIAMSON
DEVELOPMENT AGREEMENT
WITH SYCAMORE TRAIL, LTD.,
A TEXAS LIMITED PARTNERSHIP
REGARDING A.W. GRIMES BLVD.
This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK,
TEXAS ( "City ") and SYCAMORE TRAIL, LTD., a Texas Limited Partnership ( "Developer ").
WHEREAS, Developer is owner of two certain tracts of land described in Exhibit "A" and
Exhibit `B ", attached hereto (the "Property "), and
WHEREAS, City desires to construct A.W. Grimes Blvd., a six -lane, curbed and guttered
major arterial road, ( "Grimes Blvd. ") running through the Property, and
WHEREAS, the City desires to expeditiously design, engineer and construct Grimes Blvd.
conditioned upon Developer paying City for a portion of the cost of Grimes Blvd. attributable to its
development, and
WHEREAS, the Developer and City desire to create a Public Improvement District ( "PID"),
pursuant to Article 372 of the Texas Local Government Code to provide a financing vehicle to
partially reimburse the City for costs expended in the construction of Grimes Blvd. through the
Property,
NOW THEREFORE, for and in consideration of the promises and the mutual agreements set
forth herein, the City and Developer hereby agree as follows:
A. PURPOSE
1. The purpose of this Agreement is to provide for the reimbursement to the City for a
portion of the cost of construction of Grimes Blvd. running through the Property.
The reimbursement shall include all cost of materials and labor for two lanes of
Grimes Blvd., the median, sidewalks on each side of Grimes Blvd., drainage and
lighting, but not including engineering and design costs, which will be borne solely by
the City. The parties hereto agree that the portion of the cost of Grimes Blvd. paid by
the Developer is attributable to the needs of Developer's development.
B. GENERAL TERMS AND CONDITIONS
1. The Developer will submit a petition to the City requesting the creation of a public
improvement district pursuant to Article 372 of the Texas Local Government Code
within 14 days after the approval of this Agreement by the City.
2. After receipt of said petition, the City will consider the creation of a public
improvement district, after conducting a public hearing regarding the same, pursuant
to Article 372, of the Texas Local Government Code.
3. City and Developer agree that an assessment of Three Hundred Seventeen Thousand
Fourn Hundred and Forty and No /100 Dollars ($317,449.00) shall be levied on
the Property and shall be paid on a per -acre, pro -rated basis, due seven (7) years after
Substantial Completion of Grimes Blvd. through the Property, or at time of sale of
any tract within the Property, whichever occurs earlier. Substantial Completion shall
mean the date on which the Director of Public Works notifies the contractor that the
portion of Grimes Blvd. through the Property has been finally accepted.
4. Developer further agrees that simple interest at a rate of six and one half (6.5 %)
percent shall be paid on the outstanding balance.
5. Developers shall execute a Possession and Use Agreement at the time of the
execution of this Agreement and agree to dedicate all necessary right -of -way and
related easements for Grimes Blvd. upon request of City.
6. City and Developer agree to enter into a License Agreement allowing Developer to
landscape, irrigate and maintain the right -of -way and medians within Grimes Blvd,
said License Agreement to be in the form as shown in Exhibit "C ", attached hereto.
C. MISCELLANEOUS PROVISIONS.
1.
•
Actions Performable. The City and the Developer agree that all actions to be
performed under this Agreement are performable in Williamson County, Texas.
2. Goveming Law. The City and Developer agree that this Agreement has been made
under the laws of the State of Texas in effect on this date, and that any interpretation
of this Agreement at a future date shall be made under the laws of the State of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction, the entire Agreement shall not be
void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this agreement.
Any amendment to this Agreement must be in writing and signed by all parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by this
Agreement shall be in writing and shall be sent by (1) telecopy, with the original
delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or
(iii) certified mail, postage prepaid, return receipt requested, and addressed to the
parties at the following addresses:
Cam:
City of Round Rock
221 E. Main
Round Rock, Texas 78664
Attn: Director of Planning
Phone: (512) 218 -5420
with copies to:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
Phone: (512) 255 -8877
Developer:
Sycamore Trail, Ltd., a Texas Limited Partnership
2414 Exposition Blvd.
Suite 280
Austin, Texas 78703
Phone: (512) 381 -1280
7. Force Majeure. Developer and the City agree that the obligations of each party shall
be subject to force majeure events such as natural calamity, fire or strike.
8. Assignment. This Agreement may be assigned by the Developer only with the prior
written approval of the City.
9. Signature Warranty Clause.
The signatories to this Agreement represent and warrant that they have the authority
to execute this Agreement on behalf of the City and Developer, respectively.
SIGNED as of this G) day of / 7 l Of , 2001.
CITY OF ROUND ROCK
ATTEST:
e Land, City Secretary
SYCAMORE TRAIL, LTD.,
a Texas Limited Partnership,
By its General Partner,
RDW HOLDINGS, INC.,
a Texas Corporation
By:
Robert D. Wunsch, President
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the 9 day of, , 2001, by
ROBERT D. WUNSCH, President of RDW HOLDINGS, INC., a Texas Corporation, General
Partner of SYCAMORE TRAIL, LTD., a Texas Limited Partnership, on behalf of said partnership.
STATE OF TEXAS
t °) liakt,CA NOTARY PUBLIC
* Stain of Texas
01 12,2003
COUNTY OF WILLIAMSON
§
§
§
ACKNOWLEDGMENT
C-OL
Notary Public, State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the / day of
2001, by Robert A. Stluka, Jr., a person known to me, in her capacity as Mayor of the City of ound
Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality.
e •/�� '+' CHRISTINE R. W WIRES
MY
•;"i August 5,2001
I/
Notary Public, State of Texas
Page 1 of 4
Hoover Tract
45.09 Acre Tract
DESCRIPTION
FOR A 45.09 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
23.217 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO SUE HOOVER BY
INSTRUMENT RECORDED IN VOLUME 2137, PAGE 218 OF THE OFFICIAL RECORDS
OF SAID COUNTY, AND A CALLED 27.61 ACRE TRACT OF LAND AS DESCRIBED IN
THAT DEED TO JAMES J. HOOVER AND WIFE, SUE S. HOOVER BY INSTRUMENT
RECORDED IN VOLUME 649, PAGE 114 OF THE DEED RECORDS OF SAID COUNTY,
SAID 45.09 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at the southwesterly corner of said 27.61 Acre Tract, same being the southeasterly
corner of a called 2.00 acre tract of land as described in that deed to David L. Carlin and Mary C.
Carlin by instrument recorded in Document No. 9759883 of said Official Records, same being
on the approximate centerline of Lakecreek, same being the southwesterly corner hereof, from
which a railroad spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the westerly line of said 27.61 Acre Tract, same being the easterly line of said
2.00 Acre Tract, N 16° 47' 12" W for a distance of 163.02 feet to a '''A" iron rod found for the
southwesterly corner of a called 4.83 acre tract of land as described in that deed to David L.
Carlin and wife, Mary C. Carlin by instrument recorded in Volume 1155, Page 286 of said
Official Records, same being an angle point hereof;
THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
1) S 82° 12' 52" E for a distance of 329.24 feet to a 1/2" iron rod found for an angle point hereof;
2) N 03° 06' 47" W for a distance of 308.89 feet to a 1/2" iron rod found for an angle point
hereof; ,
3) N 62° 12' 26" E for a distance of 232.07 feet to a % :" iron rod found for an angle point
hereof;
4) N 37° 50' 26" E for a distance of 160.89 feet to a 1/2" iron rod found for an angle point
hereof;
5) N 14° 45' 47" E for a distance of 15.08 feet to a 1/2" iron rod found for an angle point hereof;
6) N 23° 41' 43" E pass a 1/2" iron rod found at a distance of 79.09 feet, continuing for a total
distance of 115.65 feet to the northerly line of said 27.61 Acre Tract, same being the
• approximate centerline of Brushy Creek, same being the northwesterly corner hereof;
EXHIBIT
up
1
Page 2 of 4
Hoover Tract
45.09 Acre Tract
THENCE with the approximate centerline of Brushy Creek, same being in part with the
northerly line of said 27.61 Acre Tract and said 23.217 Acre Tract, the following seven (7)
courses and distances:
1) S 70° 32' 12" E for a distance of 77.75 feet for an angle point hereof;
2) N 89° 31' 48" E for a distance of 404.79 feet for an angle point hereof;
3) N 82° 48' 33" E for a distance of 827.53 feet for an angle point hereof;
4) N 65° 23' 52" E for a distance of 247.08 feet for an angle point hereof;
5) N 70° 47' 53" E for a distance of 207.55 feet for an angle point hereof;
6) N 76° 14' 05" E for a distance of 84.57 feet for an angle point hereof;
7) N 60° 12' 38" E for a distance of 117.86 feet to the intersection of the said approximate
centerline of Brushy Creek and the said approximate centerline of Lakecreek, same being the
northeasterly corner hereof;
THENCE with the intersection of the said approximate centerline of Brushy Creek and the said
approximate centerline of Lakecreek, S 44° 22' 57" E for a distance of 20.00 feet for an angle
point hereof;
THENCE with the easterly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek, the following four (4) courses and distances:
1) S 45° 37' 03" W for a distance of 163.91 feet for an angle point hereof;
2) S 51° 57' 12" W for a distance of 475.77 feet for an angle point hereof;
3) S 38° 51' 11" W for a distance of 252.21 feet for an angle point hereof;
4) S 10° 24' 33" W for a distance of 40.70 feet for the northwesterly corner of Lot 28, Block D,
of South Creek Section Twelve, a subdivision recorded in Cabinet L, Slides 259 — 262 of the
Plat Records of said County, same being an angle point hereof;
THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said
Lot 28, S 43° 05' 18" E for a distance of 59.87 feet for the northwesterly corner of South Creek,
Section Ten, a subdivision recorded in Cabinet I, Slides 164 — 165 of said Plat Records, same
being an angle point hereof, from which a %2" iron rod found for the most southerly comer of
said Lot 28, same being the most westerly corner of Lot 4, Block C, of said South Creek Section
Twelve bears, S 43° 05' 18" E for a distance of 91.89 feet, and a %2" iron rod found for a point of
Page 3 of 4
Hoover Tract
45.09 Acre Tract
curvature of said Lot 28, same being on the northerly right -of -way line of Sugar Berry Cv.
(50 foot right -of -way width) bears, S 43° 05' 18" E for a distance of 91.89 feet and
N 31° 57' 54" E for a distance of 209.72 feet;
THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said
South Creek, Section Ten, S 18° 25' 33" W for a distance of 835.48 feet for the southwesterly
corner of said South Creek, Section Ten, same being the northeasterly corner of South Creek,
Section 2, a subdivision recorded in Cabinet F, Slides 266 — 267 of said Plat Records, same being
a point of curvature hereof, from which a '/z" iron rod found for the most easterly corner of
Lot 13, Block G, of said South Creek, Section 2, same being the most southerly comer of Lot 1,
Block C, of said South Creek, Section Ten, same being on the westerly right -of -way line of
Willow Way (50 foot right -of -way width) bears, S 57° 49' 55" E for a distance of 369.07 feet,
and a %z" iron rod found on a common angle point between said South Creek, Section Ten and
said South Creek, Section 2, same being on the easterly right -of -way line of said Willow Way
bears, S 57° 49' 55" E for a distance of 419.34 feet;
THENCE with the easterly line of said 23.217 Acre Tract, same being the northerly line of said
South Creek, Section 2, with the arc of a curve to the right, having a radius of 323.56 feet,
passing at an arc distance of 363.59 feet, a %z" iron rod found in concrete, said %z" iron rod found
being 0.21 feet north of said curve to the right, in all a total arc length of 366.34 feet, a central
angle of 64° 52' 14 ", and a chord which bears S 50° 48' 49" W for a distance of 347.08 feet for
the northwesterly corner of said South Creek, Section 2, same being on the said approximate
centerline of Lakecreek, same being an angle point hereof, from which a %z" iron rod found for
the northwesterly comer of Lot 3, Block G, of said South Creek, Section 2 bears, S 00° 15' 05" E
for a distance of 140.50 feet, and a %z" iron rod found for the southwesterly corner of Lot 2,
Block G, of said South Creek, Section 2, same being the northwesterly corner of said Lot 1,
Block G, of said South Creek, Section 2 bears, S 02° 05' 55" E for a distance of 161.60 feet;
THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek, N 72° 40' 03" W for a distance of 243.06 feet for the southeasterly
comer of a called 1.50 acre tract of land as described in that deed to Roger A. Miller and wife,
Suzanne B Miller by instrument recorded in Volume 790, Page 892 of said Deed Records, same
being an angle point hereof;
THENCE with the easterly, northerly, and westerly line of said 1.50 Acre Tract the following
six (6) courses and distances:
I) N 02° 06' 00" W for a distance of 60.00 feet to a %z" iron rod found for an angle point
hereof;
2) N 00° 03' 28" W for a distance of 94.78 feet to a fence post for an angle point hereof;
3) N 02° 27' 50" W for a distance of 143.00 feet for an angle point hereof;
Page4of4
Hoover Tract
45.09 Acre Tract
4) N 80° 41' 39" W for a distance of 233.40 feet to a railroad spike found for an angle point
hereof;
5) S 06° 27' 39" W for a distance of 118.32 feet to a 'A" iron rod found for an angle point
hereof;
6) S 20° 13' 22" E for a distance of 183.99 feet for the southwesterly corner of said 1.50 Acre
Tract, same being on the southerly line of said 23.217 Acre Tract, same being the said
approximate centerline of Lakecreek, same being an angle point hereof;
THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 77° 16' 23" W for a distance of 166.49 feet for an angle point hereof;
2) N 72° 30' 47" W for a distance of 152.26 feet for an angle point hereof;
3) N 76° 23' 19" W for a distance of 244.14 feet for an angle point hereof;
4) N 62° 42' 11" W for a distance of 123.00 feet for an angle point hereof;
5) N 46° 34' 11" W for a distance of 427.61 feet to the POINT OF BEGINNING hereof and
, containing 45.09 acre of land.
Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone,
NAD '83
Note: Refer to attached survey plat.
Surveyed under the direct supervision of the undersigned:
w rence A. Hunt
Registered Professional Land Surveyor
BAKER- AICKLEN & ASSOCIATES,
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154- 702 -20 File Name: W:\ PROJECTS \HOOVER \TITLE\DOC\MB- HOOVER.doc
Page 1 of 3
' Carlin Tract
6.83 Acre Tract
DESCRIPTION
FOR A 6.83 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 2 00 ACRE
TRACT OF LAND AS DESCRIBED IN THAT DEED TO DAVID L. CARLIN AND
MARY C. CARLIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 9759883 OF THE
OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 4.83 ACRE TRACT OF LAND
AS DESCRIBED IN THAT DEED TO JAMES L. CARLIN AND WIFE, MARY C. CARLIN
BY INSTRUMENT RECORDED IN VOLUME 1155, PAGE 286 OF SAID OFFICIAL
RECORDS, SAID 6.83 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %2" iron rod found on the northwesterly corner of said 2.00 Acre Tract, same
being the southerly right -of -way line of Missouri Pacific Railroad, same being the northwesterly
corner hereof;
THENCE with the northerly line of said 2.00 Acre Tract, same being the southerly right -of -way
line of said Missouri Pacific Railroad, with the arc of a curve to the left, having a radius of
4004.79 feet, an arc length of 362.08 feet, a central angle of 05 10' 49 ", and a chord which
bears, N 62° 06' 32" E for a distance of 361.95 feet to a %2" iron rod found for the northeasterly
corner of a said 2.00 Acre Tract, same being the northwesterly corner of said 4.83 Acre Tract;
THENCE with the northerly line of said 4.83 Acre Tract, same being the southerly right -of -way
line of said Missouri Pacific Railroad, the following two (2) courses and distances:
1) with the arc of a curve to the left, having a radius of 4004.79 feet, an arc length of
340.32 feet, a central angle of 04° 52' 08 ", and a chord which bears, N 56° 09' 10" E for a
distance of 340.22 feet to a %2" iron rod found for a point of tangency hereof;
2) N 53° 42' 48" E for a distance of 410.56 feet for the northeasterly comer of said 4.83 Acre
Tract, same being the approximate centerline of Brushy Creek, same being a northeasterly
corner hereof;
THENCE with the northerly line of said 4.83 Acre Tract, same being the approximate centerline
of said Brushy Creek, S 70° 32' 12" E for a distance of 126.66 feet for the most easterly corner
hereof;
EXHIBIT
Page 2 of 3
Carlin Tract
6.83 Acre Tract
THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
1) S 23° 41' 43" W passing a 'A" iron rod found at a distance of 36.56 feet, continuing for a
total distance of 115.65 feet to a ' /2" iron rod found for an angle point hereof;
2) S 14° 45' 47" W for a distance of 15.08 feet to a %2" iron rod found for an angle point hereof;
3) S 37° 50' 26" W for a distance of 160.89 feet to a %2" iron rod found for an angle point
hereof;
4) S 62° 12' 26" W for a distance of 232.07 feet to a %2" iron rod found for an angle point
hereof;
5) S 03° 06' 47" E for a distance of 308.89 feet to a %2" iron rod found for an angle point
hereof;
6) N 82° 12' 52" W for a distance of 329.24 feet to a %2" iron rod found for the southwesterly
corner of said 4.83 Acre Tract, same being on the easterly line of said 2.00 Acre Tract, same
being an angle point hereof;
THENCE with the easterly line of said 2.00 Acre Tract, same being the westerly line of a called
27.61 acre tract of land as described in that deed to James J. Hoover and wife, Sue S. Hoover by
instrument recorded in Volume 649, Page 114 of the Deed Records of said County,
S 16° 47' 12" E for a distance of 163.02 feet for the southeasterly comer of said 2.00 Acre Tract,
same being the southwesterly comer of said 27.61 Acre Tract, same being on the said
approximate centerline of Lakecreek, same being an angle point hereof, from which a railroad
spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the southerly line of said 2.00 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 59° 23' 41" W for a distance of 69.51 feet for an angle point hereof;
t•
Page 3 of 3
Carlin Tract
6.83 Acre Tract
2) N 66° 52' 29" W for a distance of 12034 feet for an angle point hereof;
3) N 80° 30' 15" W for a distance of 71.71 feet for an angle point hereof;
4) S 76° 18" W for a distance of 88.36 feet for an angle point hereof;
5) S 51° 28' 38" W for a distance of 67.93 feet for the southwesterly corner of said 2.00 Acre
Tract, same being the southwesterly corner hereof;
THENCE with the westerly line of said 2.00 Acre Tract, N 16° 50' 06" W pass a Y2" iron rod
found at a distance of 100.00 feet, continuing for a total distance of 193.44 to the POINT OF
BEGINNING hereof and containing 6.83 acre of land.
Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone,
NAD '83
Note: Refer to attached survey plat.
Surveyed under the direct supervision of the undersigned:
ce A. Hunt
egistered Professional Land Surveyor
BAKER- AICKLEN & ASSOCIATES,
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154-702 -20 File Name: W:IPROJECTS\HOOVER\DOC4ME- CARLIN.doc
CATEXT \xommnoc \License \ssmple.rpd /cac
EXHIBIT C
LICENSE AGREEMENT
License
This Agreement is made this day of
2000, by and between the CITY OF ROUND ROCK, (hereinafter
"Licensor "), a Texas home rule municipality,
and , (hereinafter, "Licensee ", whether
one or more).
Whereas, Licensor is the owner of the real property
(hereinafter, "Property "), which is the public right -of -way as
depicted in Exhibit "A ", attached hereto and incorporated herein;
and
Whereas, Licensee desires to exercise certain rights and
privileges upon public rights -of -way located within the Property;
and
Whereas, Licensor desires to grant Licensee certain rights and
privileges upon public rights -of -way within the Property; and
NOW, THEREFORE, it is agreed as follows:
1. Licensee shall have the right to install, construct,
operate, maintain, upgrade, and repair landscaping, lighting,
irrigation systems and alternative sidewalk paving in, over and
upon public rights -of -way located within the Property, as described
in Exhibit "A ".
It is understood that this Agreement creates a license only
and that Licensee does not and shall not claim at any time any
interest or estate of any kind in the public rights -of -way located
within the Property by virtue of this license.
The landscaping and irrigation systems and sidewalks that will
be installed by Licensee will be completed in accordance with the
plans previously submitted to and approved by the Director of
Planning and the Director of Public Works.
It is further understood that Licensee must comply with all
other requirements of the Code of Ordinances of the City of Round
Rock, Texas. -
It is further understood that Licensor has no duty to
maintain, operate, replace, upgrade, or repair any improvement in
or upon the Property, including the payment of any fees of any kind
associated with any improvements.
Consideration
2. In consideration for this license, Licensee shall pay
Licensor $10.00 and other valuable consideration paid by Licensee
to Licensor.
Nonassignable
3. This license granted in this Agreement is personal to
Licensee or any property owners association created to maintain
Licensee's Improvements. This Agreement is not assignable. Any
assignment of this Agreement will automatically terminate the
license. Notwithstanding the foregoing, Licensee shall be permitted
to assign Licensee's license under this Agreement for any entity
acquiring all or a portion of Licensee's property adjacent to the
Property provided such assignee assumes Licensee's obligations and
rights granted under this Agreement, and Licensee shall be released
from any and all obligations hereunder accruing after such
assignment.
Terminable at Will
4. This Agreement is terminable by either party at will by
the giving of actual notice to the other party. Upon termination,
any improvements to Property will become the property of Licensor
and it is agreed that Licensor will not need to reimburse Licensee
for any costs expended for said improvements.
Indemnity
5. Licensee shall comply with the requirements of all
applicable laws, rules and regulations, and shall indemnify and
hold harmless Licensor, its officers, agents and employees from and
against any and all claims, losses, damages, causes of action,
expenses of litigation, court costs, and attorney's fees, for
injury to or death of any person, or for damage to any property,
arising out of or in connection with Licensee's exercise of the
license under this Agreement.
Release
6. Licensee assumes full responsibility for its exercise of
the license, and hereby releases, relinquishes and discharges
Licensor, its officers, agents and employees, from all claims,
demands, and causes of action of every kind and character,
including the cost of defense thereof, for any injury to, including
death, of person (whether they be third persons, contractor, or
2.
COMPANY:
Venue
Notice
3.
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
� � 1
employees of either of the parties hereto) and any loss of or
damage to property (whether the same be that either of the parties
hereto or of third parties) caused by or alleged to be caused,
arising out of, or in connection with Licensee's exercise of the
license under this Agreement whether or not said claims, demands
and causes of action in whole or in part are covered by insurance.
7. This Agreement shall be construed under and accord with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williamson County, Texas.
8. Notice shall be mailed to the addresses designated herein
or as may be designated in writing by the parties from time to time
and shall be deemed received when sent postage prepaid U.S. mail to
the following addresses:
IN WITNESS WHEREOF, this AGREEMENT is executed on this
day of , 2000.
•
Licensor:
CITY OF ROUND ROCK
By:
ROBERT A. STLUKA, JR., Mayor
Licensee:
By:
Its:
4.
'c1
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned, a notary public in and for said
county and state, on this day personally appeared ROBERT A. STLUKA;
JR., as Mayor of the City of Round Rock, a Texas Home Rule
Municipality, on behalf of said municipality, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purpose and
consideration therein expressed.
Given under my hand and seal of office on this the
day of , 2001.
STATE OF TEXAS )
COUNTY OF )
BEFORE ME, the undersigned, a n
county and state, on this
, as
for
whose name is subscribed to the
acknowledged to me that he executed
consideration therein expressed.
Given under my hand and seal of office
day of , 2001.
5.
NOTARY PUBLIC in and for
the State of Texas
otary public in and for said
day personally appeared
known to me to be the person
foregoing instrument, and
the same for the purpose and
on this the
NOTARY PUBLIC in and for
the State of Texas
After Recording, Please Return To:
Brown, McCarroll Sheets & Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
6.
DATE: May 4, 2001
ITEM:
Outside Resources: Hoover
SUBJECT: City Council Meeting — May 10, 2001
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
Funding:
Cost: $317,449.00
Source of funds: Private Funding
13.D.10. Consider a resolution authorizing the Mayor to execute a
Development Agreement with Sycamore Trail, Ltd. regarding
A.W. Grimes Boulevard. This agreement establishes the
developer's commitment to donate the right -of -way through their
development for A.W. Grimes Boulevard. Additionally, the
developer is agreeing to provide $317,449.00 toward the
construction.
History: A. W. Grimes Boulevard is a major arterial included in the Transportation
Master Plan of the City. The project is funded by the Round Rock Transportation
Development Corporation. The construction contract for Phase I was awarded by
the Council to RGM Constructors, L.P. on April 26, 2001.
ImpactBenefit: This road will provide much needed access across Brushy Creek and will
improve mobility in Round Rock east of IH -35.
Public Comment: Public Hearing — July 2000
Sponsor: N/A