R-01-05-10-13D11 - 5/10/2001RESOLUTION NO. R- 01- 05- 10 -13D11
4 s
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 Continental Homes of Texas, L.P.
( "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 Continental Homes of
Texas, L.P. regarding A. W. Grimes Boulevard, a copy of 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.
o. \WPDOCs \REsoLUTI \K1as1OD.11 /ec
ATTEST:
RESOLVED this 10th day of May,
E LAND, City Secretary
2
ROBERT A. STLUKA, JR., ayor
City of Round Rock, Texas
STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH CONTINENTAL HOMES OF TEXAS,
COUNTY OF WILLIAMSON § L.P. REGARDING A.W. GRIMES BLVD.
This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK,
TEXAS ( "City ") and CONTINENTAL HOMES OF TEXAS, L.P. ( "Developer").
WHEREAS, Developer is owner of that certain tract of land described in Exhibit "A ",
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 home 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.
C: \NINOONS \ TEMP \OEVAGRE continental 3NPU.wpd/kg
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 One Million Eighty-five Thousand
Three Hundred and Forty-eight and No /100 Dollars ($1,085,348.00) 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 plat
recordation, whichever first occurs. 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 `B ", 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. Governing 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.
2.
ON:
City of Round Rock
221 East 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:
Continental Homes of Texas, L.P.
12554 Riata Vista Circle
2nd Floor
Austin, Texas 78727
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 (I) 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:
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 maybe 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 day of , 2001.
3.
ATTEST:
CITY OF ROUND ROCK
By � ►�li.J /
Rob's. Stluka, Jr., Mays
Jo e Land, City Secretary
4.
CONTINENTAL HOMES OF TEXAS, L.P.
By: CHTEX of Texas, Inc.,
its sole general partner
By:
Printed ame: Terry E. Mitchell
Its: ice President
STATE OF TEXAS
COUNTY OF WILLIAMSON
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledge ! before ne on this theJO -d ay of 2 001,
by e F . (n r 1(' kat , �/ Ge �! i 4HTEX of Texas, Inc., sole genera er of
Continental Homes of Texas, L.P., on behalf of said partnership.
§
ACKNOWLEDGMENT
Notary Public, g� Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the /0 day of / I
2001, by Robert A. Stluka, Jr., a person known to me, in her capacity as Mayor of the City of R and
Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality.
CHRISTINE R. MARTINIZ
MY COMMISSION WIRES
August 5, 2001
5.
Notary Public, State of Texas
0.5/02/01 15:27 FAX 512 533 1429
. • • i •
MILBURN LAND DEVELOPMENT
•
0002
EXNrBtT "A"
Lake Creek FN00 -091 (RLM)
Village P.U.D. November 9, 2000
177.00 Acres Job No. 050243.001.1.4047
A DESCRIPTION OF 177.00 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY NO. 9,
ABSTRACT 297, IN WILLIAMSON COUNTY, TEXAS. SAID 177.00 ACRES OF LAND BEING A
PORTION OF A 151.37 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CONTINENTAL
HOMES OF TEXAS, L. P. AS RECORDED IN DOCUMENT NO. 2000066004 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, ALL OF A 33.61 ACRE TRACT OF LAND AS
DESCRIBED IN A DEED TO CONTINENTAL HOMES OF TEXAS, L. P. AS RECORDED IN
DOCUMENT NO. 2000065504 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS.
AND ALL OF A CALLED 1.7 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CONTINENTAL
HOMES OF TEXAS, L. P. AS RECORDED IN DOCUMENT NO. 2000065504 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 177.00 ACRE TRACT, AS SHOWN ON THE
ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a % -inch iron rod found for the southeast comer of the said 151.37 acre tract, being the
southwest corner of Lot 11, Block A of South Creek Section One, a subdivision recorded in Cabinet F,
Slide 66 of the Plat Records of Williamson County, Texas, and being in the north line of Block B of South
Creek Section Seventeen, a subdivision recorded in Cabinet F, Slide 230 of the Plat Records of
Williamson County, Texas, for the southeast corner of the herein described 177.00 acre tract;
THENCE, with the south line of the said 151.37 acre tract, being the north line of the said South Creek
Section Seventeen, S 83 °28'55" W, passing at a distance of 504.36 feet a 1/4 -inch iron rod found for the
northwest corner of a called 1.50 are tract of land described in a deed to Hugh Noel as recorded in
Document No. 9652164 of the Official Records of Williamson County, Texas, being the northeast corner
of Round Rock East, a subdivision, continuing with the south line of the said 151.37 acre tract, being the
north line of the said Round Rock East, passing at a distance of 1615.16 feet a'% -inch iron rod found for
the northwest corner of the said Round Rock East, being a northeast corner of a called 16.812 acre Park
Site as shown on Greenslopes At Lake Creek Section Two, a subdivision recorded in Cabinet D, Slide 70
of the Plat Records of Williamson County , Texas, continuing with the south line of the said 151.37 acre
tract, being the north line of the said Park Site, a total distance of 1758.54 feet to a 5" fence comer post
found for the southwest comer of the said 151.37 acre tract, being the northwest comer of the said Park
Site, and being in the east line of Block A of the said Greenslopes At Lake Creek Section Two;
THENCE, with the west line of the said 151.37 acre tract, being the east line of the said Block A,
N 04 °40'12° W, passing at a distance of 485.27 feet the northeast comer of the said Greenslopes At Lake
Creek Section Two, being the southeast corner of Greenslopes At Lake Creek Section Nine, a
subdivision recorded in Cabinet F, Slide 115 of the Plat Records of Williamson County, Texas, continuing
a total distance of 635.97 feet to a' /rinch iron rod found for an angle point in the east line of the said
Greenslopes At Lake Creek Section Nine;
THENCE, continuing with the west line of the said 151.37 acre tract, being the east line of the said
Greenslopes At Lake Creek Section Nine, the following ten (10) courses:
1. N 05 °37'14" W, a distance of 303.14 feet to a 5/8 -inch iron rod with cap set,
2. N 01 °53'59" W, a distance of 134.84 feet to a 60-D nail found,
3. N 01°42'46* E, a distance of 271.01 feet to a 5/8 -Inch iron rod with cap set,
4. N 04 ° 49'10" W, a distance of 297.49 feet to a'' V.- inch iron rod found,
5. N 05 °46'57" W, a distance of 248.36 feet to a 5/8 -inch iron rod with cap set,
Page 1 of 5
upiuziul 15:27 FAX 512 533 1429
•
take Creek
Village P.U.D.
177.00 Acres
MILBURN LAND DEVELOPMENT a003
Page 2 of 5
FN00 -091 (RLM)
November 9, 2000
Job No. 050243.001.1.4047
6. N 03 °39'14" W, a distance of 184.70 feet to a 5/8 -inch iron rod with cap set,
7. N 05 °05'29" W, a distance of 247.21 feet to a 5/8 - inch iron rod with cap set,
8. N 05 °31'59" W, a distance of 214.93 feet to a 5/8 -inch iron rod with cap set,
9. N 05 ° 11'44" W, a distance of 274.53 feet to a 5/8 -inch iron rod with cap set, and
10. N 05 °47'57" W, a distance of 48.62 feet to a %z -inch iron rod found, for the northeast corner of the
said Greenslopes At Lake Creek Section Nine, being a southeast corner of the remainder of a
called 231.374 acre tract of land as described in a deed to Gaston Development Co. and Garland
Development Co. as recorded in Volume 710, Page 700 of the Official Records of Williamson
County, Texas;
THENCE, continuing with the west line of the said 151.37 acre tract, being the east line of the said
231.374 acre tract the following five (5) courses:
1. N 04 °42'21° W, a distance of 274.53 feet to a 5/8 -inch iron rod with cap set,
2. N 14 °35'00" W, a distance of 68.55 feet to a 5/8 -inch iron rod with cap set,
3. N 01°12'00" W, a distance of 58.95 feet to a 5/8 -inch iron rod with cap set,
4. N 19 °18'53" E, a distance of 57.66 feet to a 5/8 -inch iron rod with cap set, and
5. N 30 °12'00° W, a distance of 47.68 feet to a 5/8 -inch iron rod with cap set, for the northeast
corner of the said 231.374 acre tract, being the southeast corner of a called 6.591 acre tract of
land described in a deed to Sue Hoover as recorded in Volume 2159, Page 880 of the Official
Records of Williamson county, Texas, being in the approximate center of Lake Creek, and being
the northwest comer of the herein described 177.00 acre tract;
THENCE, leaving the said line, crossing the said 151.37 acre tract, with the approximate center of Lake
Creek, being the northwest line of the herein described 177.00 acre tract, the following seven (7) courses:
1. N 80° 43' 01" E, a distance of 108.09 feet to a point,
2. N 30° 10' 55" E, a distance of 143.90 feet to a point,
3. N 43° 17' 30" E, a distance of 292.61 feet to a point,
4. N 29° 13' 49" E, a distance of 140.23 feet to a point,
5. N 63° 14' 57" E, a distance of 102.12 feet to a point,
6. N 46° 48' 11" E, a distance of 307.03 feet to a point, and
7. N 66° 50' 34" E, a distance of 163.08 feet to a point for an interior corner of the said 151.37 acre
tract, being the southwest corner of a called 2.0 acre tract of land described in a deed to David L.
Carlin and Mary C. Carlin, as recorded in Document No. 9759883 of the Official Records of
Williamson County, Texas;
THENCE, continuing with the approximate center of Lake Creek, being the south line of the said 2.0 acre
Ub /U2 /U1 15:28 FAX 512 533 1429 MILBURN LAND DEVELOPMENT
•
Lake Creek
Village P.U.D.
177.00 Acres
tract, and being the north tine of the said 151.37 acre tract, the following five (5) courses:
1. N 53° 39' 15" E, a distance of 67.99 feet to a point,
2. N 78° 14' 55" E, a distance of 88.43 feet to a point,
3. S 78° 19' 58" E, a distance of 71.77 feet to a point,
4. S 64° 43' 52" E, a distance of 120.44 feet to a point, and
5. S 70° 33' 46" E, a distance of 56.11 feet to a point, being the southeast corner of the said 2.0
acre tract, being the northeast corner of the said 151.37 acre tract, and being the north comer of
the said 33.61 acre tract, being a southwest comer of a called 27.61 acre tract of land described
in a deed to James J. Hoover, as recorded in Volume 649, Page 114 of the Deed Records of
Williamson County, Texas;
THENCE, with the north tine of the said 33.61 acre tract, being the said south line of the said 27.61 acre tract,
and the south line of a called 1.50 acre tract of land described in a deed to Roger A. Miller and Suzanne B.
Miller, as recorded in Volume 790, Page 892, and the south line of a called 23.217 acre tract of land described
in a deed to Sue Hoover, as recorded in Volume 2137, Page 218 of the Deed Records of Williamson County,
Texas, and being the approximate centerline of Lake Creek, the following four (4) courses:
1. 5 52° 29' 43" E, 613.25 feet to a point,
2. S 68° 54' 51" E, 325.04 feet to a point,
3. S 74° 13' 13" E, 365.00 feet to a point, and
4. S 73° 12' 53" E, 240.68 feet to a % -inch iron rod found for the northeast corner of the said 33.61 acre
tract, and being the northwest corner of South Creek Section Two, a subdivision, as recorded in
Cabinet F, Slide 266 of the Plat Records of Williamson County, Texas;
THENCE with the east line of the said 33.61 acre tract, being the west line of the said South Creek
Section Two, and the west line of South Creek Section Six, a subdivision, as recorded in Cabinet F, Slide
360 of the Plat Records of Williamson County, Texas, the following three (3) courses:
1. S 02° 36' 29" W, 140.95 feet to a 518 - inch iron rod with cap set,
2. S 00° 14' 37° E, 902.66 feet to a 5/8 -inch iron rod with cap set, and
3. 5 00° 20' 32" E, passing at 29.03 feet the most northerly southwest corner of the said South
Creek Section Two, being the northwest comer of continuing with the west line of the said South
Creek Section Six, a total distance of 80.25 feet to a 518 -inch iron rod with cap set;
THENCE, continuing with the east line of the said 33.61 acre tract and the east line of the said 1.7 acre
tract, being the west line of the said South Creek Section Six, S 00° 02' 55" W. a distance of 92.85' to a
' /inch iron rod found for the southeast corner of the said 1.7 acre tract, being the northeast comer of
South Creek Section Twenty, Phase 1, a subdivision recorded in Cabinet L, Slide 201 of the Plat Records
of Williamson County, Texas;
THENCE, with the south line of the said 1.7 acre tract, being the north line of the said South Creek
Section Twenty, Phase 1, the following five (5) courses:
Page 3 of 5
lJ004
FN00 -091 (RLM)
November 9, 2000
Job No. 050243.001.1.4047
05/02/01 15:28 FAX 512 533 1429 MILBURN LAND DEVELOPMENT U005
Lake Creek
�Ilage P.U.D.
177.00 Acres
FN00 -091 (RLM)
November 9, 2000
Job No. 050243.001.1.4047
1. N 88° 15' 07" W, a distance of 33.29 feet to a 5/8 -inch iron rod with cap set,
2. a distance of 169.60 feet with an arc of a curve to the right whose central angle is 7° 02' 24 ", with
a radius of 1380.35 feet and whose chord bears N 84° 43' 55" W, a distance of 169.50 feet to a
5/8 -inch iron rod with cap set,
3. N 81° 12' 43" W, a distance of 275.17 feet to a 5/8 -inch iron rod with cap set,
4. a distance of 168.62 feet with an arc of a curve to the left whose central angle is 31° 03' 00 ", with
a radius of 311.16 feet and whose chord bears S 83° 15' 49" W, a distance of 166.57 feet to a
5/8 -inch iron rod with cap set, and
5. S 67° 44' 20" W, a distance of 274.39 feet to a 'A-inch iron rod found for the southwest corner of
the said 1.7 acre tract, being the northwest corner of the said South Creek Section Twenty,
Phase 1, and being in the east line of the said 151.37 acre tract;
THENCE, with the east line of the said 151.37 acre tract, being the west line of the said South Creek
Section Twenty, Phase 1, S 07 °00'43" E a distance of 318.62 feet to a '% -inch iron rod found for the
southwest comer of the said South Creek Section Twenty, Phase 1, being the northwest comer of Lot 1,
Block B of South Creek Section Seven, a subdivision recorded in Cabinet G, Slide 259 of the Plat
Records of Williamson County, Texas;
THENCE, continuing with the east line of the said 151.37 acre tract, being the west line of the said South
Creek Section Seven, and the west line of the said South Creek Section One, the following two (2)
courses:
1. S 06° 58' 17" E, a distance of 1507.12 feet to a 1'V -inch iron pipe found for an angle point, and
2. S 07° 33' 54" E, a distance of 165.77 feet to the POINT OF BEGINNING and containing 177.00
acres of land.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct to the best of my knowledge and belief.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the 9 day of November,
2000 A.D.
Carter & Burgess, Inc.
901 South Mopac Blvd., Suite 200
Austin, Texas 78746
Page 4 of 5
John Strawbridge
Registered Professional Land Surveyor
No. 4283 - State of Texas
05/02/01 15:28 FAX 512 533 1429 MILBURN LAND DEVELOPMENT U006
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EXHIBIT B
LICENSE AGREEMENT
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:
License
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.
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.
Venue
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:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY:
Notice
IN WITNESS WHEREOF, this AGREEMENT is executed on this
day of , 2000.
3
Licensor:
CITY OF ROUND ROCK
By:
ROBERT A. STLUKA, JR., Mayor
Licensee:
By:
Its:
4.
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
s.
, 2001.
v.
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.
a
DATE: May 4, 2001
SUBJECT: City Council Meeting — May 10, 2001
ITEM: 13.D.11. Consider a resolution authorizing the Mayor to execute a
Development Agreement with Continental Homes 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 $1,085,348.00 toward the
construction of A.W. Grimes Boulevard through the formation of
a non - debt P.I.D.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
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.
Funding:
Construction Contribution: $1,085,348.00
Source of funds: Private Funding
Outside Resources: Milburn dba Continential Homes
ImpactBenefit: This road will provide much needed access across Brushy Creek and will
improve mobility in Round Rock east of 1H -35.
Public Comment: Public Hearing — July 2000
Sponsor: N/A