R-01-05-10-13D12 - 5/10/2001RESOLUTION NO. R- 01- 05- 10 -13D12
WHEREAS, the City of Round Rock desires to construct Forest Creek
Drive, a four -lane, curbed and guttered major arterial road running
through property owned by Bon Terre -B, Ltd. ( "Developer "), and
WHEREAS, the City desires to expeditiously design, engineer and
construct Forest Creek Drive, conditioned upon Developer paying the
City for a portion of the cost of Forest Creek Drive attributable to
its development, and
WHEREAS, the Developer desires to partially reimburse the City
for costs expended in the construction of Forest Creek Drive 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 Bon Terre -B, Ltd.
regarding Forest 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.
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RESOLVED this 10th day of May, 2001.
ATTEST:
J E LAND, City Secretary
2
AP AO
ROB T A. STLUKA, JR.I.( Mayor
City of Round Rock, Texas
STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH BON TERRE -B, LTD REGARDING
COUNTY OF WILLIAMSON § FOREST CREEK DRIVE
This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK,
TEXAS ( "City ") and BON TERRE -B, LTD. ("Developer ").
WHEREAS, Developer is owner of that certain tract of land described Lake Forest II,
Village III, Phase I, a subdivision in Williamson County, Texas (the "Property"), and
WHEREAS, City desires to construct Forest Creek Drive, a four -lane, curbed and guttered
major arterial road, ( "Forest Creek Drive ") running through the Property, and
WHEREAS, the City desires to expeditiously design, engineer and construct Forest Creek
Drive. conditioned upon Developer paying City for a portion of the cost of Forest Creek Drive
attributable to its development, and
WHEREAS, the Developer desires to partially reimburse the City for costs expended in the
construction of Forest Creek Drive 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
The purpose of this Agreement is to provide for the reimbursement to the City for a portion
of the cost of construction of Forest Creek Drive through the Property, running from Collingwood
Drive to the western boundary of the Forest Creek Subdivision . The parties hereto agree that the
portion of the cost of Forest Creek Drive paid by the Developer is attributable to the needs of
Developer's development.
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B. GENERAL TERMS AND CONDITIONS
1. The Project is herein defined as the construction of a four -lane, curbed and guttered
major arterial road, including sidewalks, running through the Property from
Collingwood Drive to the western boundary of the Property, excluding all costs
related to the Creek Crossing Structure within Forest Creek Drive.
2. The Project Cost is herein defined as all costs of material, labor, grading, paving,
drainage, lighting, landscaping, and other costs related to the construction of the
Project.
3. Developer agrees to pay to the City 7.83% of the Project Cost, as reflected in the final
contract award based on bids submitted pursuant to the Gray, Jansing and Associates
Bid Proposal. Said sum shall be paid to the City within ten (10) working days after
Developer receives notification that said payment is due.
4. In addition to the payment listed in Section 3., above, Developer agrees to pay to the
City fifty (50 %) percent of all costs associated with the construction of the Creek
Crossing Structure within Forest Creek Drive, as reflected in the final contract award
based on bids submitted pursuant to the Gray, Jansing and Associates Bid Proposal.
Said sum shall be paid to the City within ten (10) working days after Developer
receives notification that said payment is due.
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 Forest Creek Drive upon request of City. The City agrees to use
its best efforts to complete the Project as soon as possible.
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.
2.
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 (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:
Cam:
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:
Bon Terre -B, Ltd.
3816 Bryn Mawr
Dallas, Texas 75225
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 10 day of / , 2001.
3.
ATTEST:
E LAND, City Secretary
STATE OF TEXAS §
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
STATE OF TEXAS
COUNTY OF WILLIAMSON
KATHY GREEN
MY COMMISSION EXPIRES
Juty 28, 2003
4.
CITY OF ROUND ROCK
BY: t / /10
STLUKA, JR. .! or
BON TERRE - B, LTD.
By: BERKSHIRE, INC., its general partner
By:
CORPORATE ACKNOWLEDGMENT
k
Notary Public, State of Texas
Notary Public, Stet Texas
7 J
f� EL H. ROBUCK, President
COUNTY OF WILLIAMSON §
This instnunent was acknowledged before me on this the j O day of
2001, by Robert A. Stluka, Jr., a person known to me, in her capacity as Mayor of the City of ound
Ror,i_Texas, a Texas home rule municipal corporation ,,nbehalf of said municipality.
PARTNERSHIP ACKNOWLEDGMENT
This instrument was acknowledged before me on this the 0 day of 2001,
by Joel H. Robuck, a person known to me, in his capacity as President of Berkshire, c., general
partner of BON TERRE -B, LTD., a Texas limited partnership, on behalf of said limited partnership.
DATE: May 4, 2001
SUBJECT: City Council Meeting — May 10, 2001
ITEM: 13.D.12. Consider a resolution authorizing the Mayor to execute a
Development Agreement with Bon Teer -B, Ltd. regarding
Forest Creek Drive. This agreement establishes the developer's,
commitment to donate the right -of -way through their
development for Forest Creek Drive. Additionally, the developer
is agreeing to provide funds toward the construction of Forest
Creek Drive through the formation of a non -debt P.I.D.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History:
Funding:
Cost:
Source of funds:
Outside Resources:
Impact/Benefit:
Public Comment:
Sponsor:
N/A
g -447-- CITY OF ROUND ROCK
Mayor -
Robert A. Sttaka. Jr.
Mayor Pro-tem
Earl M, Hairston
Council Members
Tom Nielson
Cable Pitt
Earl Palmer
Isabel Gallahan
Jimmy Joseph
City Manager.
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
•
May 29, 2001
Mr. Joel H. Robuck
Bon Terre -B, Ltd.
3816 Bryn Mawr
Dallas, Texas 75225
Dear Mr. Robuck:
The Round Rock City Council approved Resolution No. R- 01- 05- 10 -13D12 at their
regularly scheduled meeting on May 10, 2001. This resolution approves the
Development Agreement with Bon Terre -B, Ltd. regarding Forest Creek Drive.
Enclosed is a copy of the resolution and original amendment for your files. If you have
any questions, please do not hesitate to contact Jim Nuse at (512) 218 -55
Sincerely,
Joanne Land
Assistant City Manager/
" City Secretary
Enclosures
Fax: 512- 218 -7097
•
1 -800 - 735 -2989 TDD
www.ci.round- rock.tx.us
221 East Main Street
Round Rock, Texas 78664
512- 218 -5400
1- 800 -735 -2988 Voice