R-01-05-10-13D9 - 5/10/2001RESOLUTION NO. R- 01- 05- 10 -13D9
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 PRA Hickerson, 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 PRA Hickerson, L.P.
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.
01\WPDOCS \RE$OLU71\R1051009.wau /ac
ATTEST:
RESOLVED this 10th day of May, 2001.
LAND, City Secretary
2
City of Round Rock, Texas
STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH TODAY PRA HICKERSON, L.P.,
§ TEXAS LIMITED PARTNERSHIP
COUNTY OF WILLIAMSON § REGARDING A.W. GRIMES BLVD.
This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK,
TEXAS ( "City ") and TODAY PRA HICKERSON, L.P., a Texas limited partnership ( "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 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.
Z \ TEXT \ROUNOROC \GRIMES- 1 \nEVAGR -4 WPp /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 Five Hundred Seventy-nine
Thousand Nine Hundred and Four and No /100 Dollars ($579,904.00) 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
recordation of final plat, 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. The
$579,904.00 assessment shall be fixed and not subject to any increase.
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. Developer agrees and
accepts the current location of Grimes Blvd. Any substantial alteration of the location
of Grimes Blvd. must be approved by Developer.
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.
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:
City:
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:
TODAY PRA HICKERSON, L.P.,
a Texas limited partnership
Attn: Leon J. Backes
17440 N. Dallas Parkway
Suite 230
Dallas, Texas 75287
Phone: (972) 733 -3399
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.
3.
CITY OF ROUND ROCK
Robert A. Stluka, Jr., Mayor
ATTEST:
SIGNED as of this /0 day of W`M, 2001.
0
e Land, City Secretary
TODAY PRA HICKERSON, L.P.,
a Texas limited partnership
By: Gattis School Partners, L.P., a Texas
limited p. hip, its general partner
4.
By
. PRA General Partner,
exas
Corporation, its general partner
By:
President
Leon J. Backes,
STATE OF TEXAS
D
COUNTY OF wfSON
JOAN M. HAMMER
Notary Public, State of Texas
My Commission ExpiCes 10108101
STATE OF TEXAS
COUNTY OF WJT.TJAMSON
§
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
5.
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the � 10.4 day of 2001,
by Leon J. Backes, President of PRA General Partner, Inc., a Texas Corporation, ge er�al partner
of Gattis School Partners, L.P., a Texas limited partnership, general partner of TODAY PRA
HICKERSON, L.P., a Texas limited partnership on behalf of said partnership.
Notary Public, State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the In day of / Y
2001, by Robert A. Stluka, Jr., a person known to me, in her capacity as Mayor of the ity of
Round Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality.
a/uuoi:1;we
Notary Public, State of Texas
••r. m« ima„tifils
WATS ON- SURVEYING•
8501 'CAPITAL OF TEXAS HWY,:
.SPITE 303 AUSTIN, ":TX 76751 ::
'348 FAX•34641668 " :
• FI1113 NC1T J:
ash n acres being F of the Asa Thomas SU y is Williamson County,
5 26, page
d0 nd part of the Makers= 117 acre tract described in Vol.
Vol 2.138, page 167, all ih the W 1n0�C� reed d ds; d i t
by metes ;and bounds as 1dilorts; t9 >3�d Records; eaeibed
MGM= at 1j" pin at the Sotheast corner of raid 46.111 acrm tract;
THER6E with ton South in of said 49.111 sure tract, along a lence
573'S6'T( 1o61.78 to pin at the 401d:tweet corner of mid 49.111 are
tract for cower In the Fad line of said 117 acre treat;
IBMs with tube Fa.6t line of said 117 arses tract, aloe: n t+.,ice, 918 ° 42 1 S
1206.16 It to pja'at the =et Saeterly Southeast corner of 'said 117 acre
tract for corner;
THENCE
3 wi h the'
hen for coiner is j 117 Rohe tract, a1�B a fence, 610'08'441
tact line of a ,pral:m 12u It road
THENCE with the out line of racial proposed road the 3a11owi 6 -
1) Around 4 carpe to the right (r dine 1855.88 ft) a chord �.eh '
A8 ° 28'ce "P! 219.08 ft, 2) 1V 191.18 tt 3)
0461,6 tt
left (radius 256p ft) g chord which bears N8'2 a turps to the
Around a curvy to the left (radius 940 ft which 2 4G7.c be to 1149,
1086,26 ft to pro, 5) Around a right C tb(r (radius 820 It }148°57'49 "p(
which bears / 897.10 It. name to
617'56'W 204.5 t 2 ) Atc a. curve :
to right (radius 1920) a. chord which bears R8 "58'17' 604.74 it, 8) R00 4E
253.77 tt to pia in She 8ouih 80W line of Gatlin school Road for 1 forthImrt
corner;
•
THEIVE h the
1581.50 E0 line of cattle Soh sa Road tho fofloving 7 courses:
1 689
3) 687 °3.2'08'2 .i.3Q tt to 60d,' 4 ) )579°25 . 127,85 tt ,
7) 1789 49 F;7 3 407.80 ft to 0) 666 239.95 2t to � ,
• t n
N0Ftheast corner;of. Wu;
is F ast 13he of raid 49.1/1 acre tract for
SCE with the East line of said 49.111 acre 'Eraot,_819'11 1762.06 ft
to the place of »EEENN1NG, containing 106.508 acres.
811 cornets and angles are marked with } inch steel pins unless otherwise noted.
Surveyed on too around Jan. I4, 2000 by;
EXHIBIT A — Tract j
. 011710222
1 ^2aQ P.07/06 F516
• ,�
• o2:111141 ftam-RIOGE HILL INYETREjff
WATSON SURVEYING. �� %%
0501 CAPITAL OF 'TEXAS = HWY.' � JI
SUITE 503 'AUSTIN, TX 7876e y
3404566 FAX 34&4585 / v
WIELD NOME:
20.2Se
are of land a it of the Asa
Texas, and being part of that certain a Nickerson 1 7G acre tract described
Williamson o
l B 1Y7 acre c jj,
and h owl as follows:
in Vol. 828, rage 60, S1IibMSpci � � Recoxde; described 47 motes
12 7 ag act; . recce at the most Re8Yar1Y southwest core, of said
INUECE with the.west line of said'117 acre g" 14b at the most Westerly corner of Dell S3,509 $17'561
acre tra r to
the Place of EWE/TM of this 204958 Acre
THENCE
vitk the tract;
St to w Pin in tI ke west line of said 117 acre tract, ni'1°E6'W 3114,03
corner of this; south ROW line of Gatos School Road for Northwest
THENCE with the snubs ROW line of said Getup School Road, A89°88'38n& •
0 ft to }« pin in the Nest line of t proposed 120 3t rhsd tor
Tams Etta the west lire of said � : i.
1) 800•o0W 253.82 ft, 2) Moua4 as curve to the the t
Chord which bears $8'88 2 84'2,15 ft, 3) BIrSSI following 4 t, 4 oou vad
a curve to the last radius 9 1 ft) a
f 4o it) a chord xhic bears tt �) mound
ft to in Ain in the Northwest Mina of paid roll tract S9c n 570.78
MINCE
with the Northwest act. iar corner;
Au hee xnerc at , containing sores 04 tract, '0W 508,10 ft
i+LtAg ?A
and Rni;Los are mazked with i inch pins, bYi
Surveyed on the Mound 04a. 14, 2000 etg91
C?COo81r A — TT4ziz
451231 MMO
T -25a p.oa /oc F-t a
WATSQN SURVEYING
SU OF TX 78759 �I ✓ •
346 -88s6 FAX 346-8668
•
1
EXH G E 0 7 ,A - Tad 3
8.1417 acres of land out of the Asa ThomasSurve
and being part of that•Nickerson 117'acre 'tract described in n Voll..n526,Tpage
50, Williamson County Deed Records; described by metes and bounds as follows:
BEGINNING at the most northerly corner of the proposed Nickerson to Dell
33.509 acre tract; •
THENCE with the north and.e fine of said,33.509 acre tract also the
center line of a proposed- 120,`foot street, the following 5 courses:
1) Around a curve to the left, having a radius of 880 ft, a chord which bears
S69 ° 19'34 "E 453.50 ft, 2) Around a curve to the right, having a radius of
880 ft, a chord which bears 548 ° 57'43 "E 1016.93 ft to pcc, 3) Around a curve
to the right, having a radius of 2500 ft, a chord which bears S8 ° 25'18 "E
457.03 It to end of curve, 4) 63 ° 10'38 "E 191.16 ft, 5)
Around having a radius of 1915.88 ft, a chord which bears 3652 a alive to th
"E 229.73 ft
to'the most southerly southeast corner of said 33.509 acre tract for corner;
THENCE with a south line of said 117 acre tract, N70 ° 58'44 "E 60,77 ft for
corner;
• TAE with the East line of ''proposed 120 foot street the following 8
courses: 1) Around a curve to the right, having a radius of 1855.88 ft, a
chord which bears N6 °28'05 "W 213.08 ft, 2) N3 ° 10'38 "W 191.16 ft to beginning
of another curve, 3) Around a curve to the left, having a radius of 2560 ft,
a chord which bears N8 ° 25'18 "W 467.99 It to pee, 4) Around a curve to the
left, having a radius of 940 ft, a chord which bears 8 48 ° 57'43 "W 1086.26 ft
to pre, 5) Arounda curve to the right, having a radius of 820 ft, a chord
which bears N51 897.10 It to end of curve, 6) N17 ° 561 304.54 ft to
the beginning of a curve, 7) Around a curve to the right, having a radius of
1940 ft, a chord which bears 88°58'W 604.74 ft to end of curve, 8) 80 °00'E
253.77 It to the present south line of Gattis School Road for corner;
THENCE with the 'south line of Gattis School Road, N89 ° 58'38 "W 120,0 ft
for corner;
THENCE with the west line of said proposed 120 foot street the following
4 courses: 1) 80 ° 001 253.82 ft to beginning of a curve, 2) Around a curve
to the left, having a radius of 2060 ft, a chord which bears58 °58'8 642.15 ft
to end of curve, 3) S17 °56'E 304.54 ft to beginning of a curve, 4) Around
a curve to the left, having a radius.of 940 ft, a chord which bears 535 ° 36'29 "E
570.79 ft to the northwest line of said 33.509 acre tract for corner;
T WITH the northwest line of said 33.509 acre tract, N ° 33'37 "E 62.54
ft to the place of BEGINNING, containing 8.1417 acres.
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
c. \ air \�ueroxoc \�i =e=.:e \ =�ie..pa /me
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.
Notice
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:
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 notary public in and for said
county and state, on this day personally appeared
, as
for , 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.
5.
NOTARY PUBLIC in and for
the State of Texas
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
SUBJECT: City Council Meeting — May 10, 2001
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
ITEM: 13.D.9. Consider a resolution authorizing the Mayor to execute a
Development Agreement with Today PRA Hickerson, L.P.
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 $579,904.00 toward the
construction of A.W. Grimes Boulevard through the formation of a
non -debt P.I.D.
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:
Cost: $579,904.00
Source of funds: Private Funding
Outside Resources: Today PRA Hickerson, L.P.
Impact/Benefit: 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