R-03-06-26-11F2 - 6/26/2003RESOLUTION NO. R- 03- 06- 26 -11F2
WHEREAS, Simon Property Group ( "Simon ") is in the process of
acquiring a 103 acre site at the southwest corner of IH -35 and SH 29 on
which to locate a pedestrian- oriented shopping center (the "Project "),
and
WHEREAS, Simon, the Texas Department of Transportation, the City
of Georgetown, and the City of Round Rock have engaged in several
meetings to determine the respective duties and responsibilities of all
parties relating to road improvements to IH -35 and SH 29 connection
with the construction of the Project, and
WHEREAS, in order to facilitate the expeditious development of
the Project, the parties desire to outline their respective duties and
responsibilities in a Memorandum of Understanding, 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 Memorandum of Understanding with the Simon
Property Group, the City of Georgetown, and the Texas Department of
Transportation, a copy of same being attached hereto as Exhibit "A" and
incorporated herein.
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.
OPP.esktop \::0
/WORLDOX /O: /1400X /RESOLUTI /0306 P2.WPD /sc
ATTEST:
RESOLVED this 26th day of June, 2003.
CHRISTINE R. MARTINEZ, City Secret
2
WELL, Mayor
City of Round Rock, Texas
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made by and between the Texas
Department of Transportation (TxDOT) the City of Georgetown, Texas (Georgetown), the
City of Round Rock, Texas (Round Rock) and Simon Property Group (Simon).
RECITALS
WHEREAS, Simon is in the process of acquiring a 103 acre site at the southwest
comer of IH -35 and SH 29 on which to locate a pedestrian- oriented shopping center (the
"Project "); and
WHEREAS, Georgetown adopted a Resolution on May 27, 2003 indicating its desire
to enter into a Development Agreement with Simon regarding the city participation in the
financing of the Project; and
WHEREAS, Simon, TxDOT, Georgetown, and Round Rock have engaged in
several meetings to determine the respective duties and responsibilities of all parties
relating to the Off -Site Roadway Improvements to SH 29 and the IH -35 southbound
frontage road (the "Improvements "); and
WHEREAS, in order to facilitate the expeditious development of the Project, the
parties desire to outline their respective duties and responsibilities in this MOU; and
WHEREAS, the parties recognize that future agreements formalizing the terms set
out in this MOU must be drafted and approved by the respective boards, councils and
commissions representing the parties; and
WHEREAS, the parties acknowledge that the terms and conditions listed herein are
not legally binding against any party, but merely serve as an outline of the duties and
responsibilities of each party,
NOW THEREFORE, Simon, Georgetown, Round Rock, and TxDOT agree to work
cooperatively and in good faith to develop the Improvements in the manner set forth
herein.
00051945
ARTICLE 1
GENERAL SCOPE OF WORK
1. The Improvements shall consist of 1) the widening of SH 29 from the IH -35
southbound frontage road to the intersection of SH 29 and D. B. Woods Road. SH 29
shall be widened from the existing 4 -lane roadway to a 6 -lane roadway, with 2 lanes
in each direction with a raised median and right turn lanes. The new SH 29 design is
to be urban style design that will include curbs and gutters along a portion of the
roadway length and piped drainage improvements.
2. Improvements will also include full movement access to the Project at the
intersection of CR 265 West and East. Traffic signalization shall be installed
immediately at CR 265 West, and shall be installed at CR 265 East after warrants are
met pursuant to existing TxDOT regulations.
3. Additionally, Improvements will include the construction ofa 3 -lane southbound IH-
35 frontage road, with a bridge structure over the San Gabriel River, from SH 29
south to SH 2243 (Leander Road). This frontage road will include the relocation of
access ramps and 2 additional right -in, right -out points of access from the frontage
road to the Project.
4. Ancillary Improvements, such as the construction of portions of CR 265 East and
West will be included as part of the traffic studies approved by the City of
Georgetown and TxDOT.
ARTICLE II
TXDOT DUTIES AND RESPONSIBILITIES
TxDOT agrees to provide funding for all roadway engineering designs for the Improvements
listed in Article I, above. TxDOT further agrees to fund the construction of the southbound IH -35
frontage road and ramps as described in Article 1, above. TxDOT funding excludes the cost of the
bridge structure over the San Gabriel River, the cost of design and construction of CR 265 East and
West and the cost of any environmental mitigation such as water quality ponds that maybe required
by TCEQ, TPWD or any other environmental agency. All of the TxDOT's duties and
responsibilities regarding funding will be delineated in detail in an Advanced Funding Agreement by
and between Georgetown and TxDOT.
ARTICLE III
CITY OF GEORGETOWN'S DUTIES
AND RESPONSIBILITIES
1. Georgetown agrees to fund up to, and no more than, $10.5 million for the balance of
the construction work on the SH 29 improvements, including traffic signalization, CR
265 East and West stub roads at the two intersections of SH 29, and the bridge
structure over the San Gabriel River. Irrespective of the final costs of these
Improvements, Georgetown will not commit to expend more than $10.5 million for
the listed Improvements. The financing and final terms of Georgetown's
responsibilities and duties regarding the Improvements will be memorialized in an
Advanced Funding Agreement with TxDOT and a Development Agreement with
Simon, to be approved by the Georgetown City Council at a later date.
2. Georgetown agrees to acquire all rights -of -way and utility easements for the
completion of the SH 29 Improvements and coordinate the relocation of utilities,
except for the Round Rock waterline mentioned below.
2
3. Georgetown agrees to provide required environmental mitigation such as water
quality treatment ponds arising from the construction of SH 29 Improvements as it
relates to any authorized runoff from properties outside of the TxDOT ROW adjacent
to SH29.
4. Georgetown agrees to enter into a limited design contract with a roadway design
engineer, acceptable to TxDOT, to provide preliminary information regarding SH 29
drainage issues within approximately 10 days after the signing of this MOU.
ARTICLE IV
CONSTRUCTION PHASING AND SCHEDULING
1. Construction of the Improvements maybe in phases to complete the improvements
adjacent to the Project prior to total completion of all Improvements if the entire
Improvements will not be completed in time for the Project opening. Interim SH 29
roadway improvements through minor maintenance and restriping will made to
provide westbound left tum lanes at the Project access driveways at the proposed CR
265 East and West intersections. Installation of traffic signalization at the SH 29 and
CR 265 West intersections will be included as part of the interim construction and
will be maintained during full construction of SH 29 while SH 29 will be operational
with 3 lanes, one lane in each direction and left turn lanes into the 2 Project access
points.
2. The parties agree to cooperate in good faith with each other to meet the milestone
schedule dates shown below:
1. Preliminary drainage info
2. Georgetown/SPG Development Agreement
3. Georgetown/TxDOT Design Contract for all roadway design
4. Georgetown/Round Rock Agreement on water line relocation
5. Georgetown//Round Rock Agreement on ROW costs
6. Existing Utilities on Wolf Ranch site to be relocated
7. Complete Interim SH 29 Roadway Improvements
8. Phase I Wolf Ranch project opening
9. All Existing Utilities to be Relocated within the SH 29ROW
10. Round Rock to abandon N. raw water line
11. Begin construction of SH 29 Roadway Improvements
12. Round Rock to have relocated N. raw water line operational
13. Complete construction of SH 29 Roadway Improvements
between 11-1-35 and including CR 265 W.
14. Complete construction of SH 29 Roadway Improvements
15. Complete Wolf Ranch project.
16. Complete construction of I -35 Frontage Road and Bridge
3
Complete By
June 11, 2003
June 2003
June 2003
July 2003
July 2003
October 2003
July 2004
September 2004
January 2005
January 2005
January 2005
March 2005
November 2005
March 2006
March 2006
July 2006
ARTICLE V
RIGHT -OF -WAY REQUIREMENTS
TxDOT agrees that the total right -of -way (ROW) requirements required for the widening of
SH 29 will be nominally 130 feet wide, being 10 feet dedicated by Simon along the south side of SH
29, and 20 feet along the north side of SH 29. An additional 12-15 feet of ROW will be required for
a limited length to accommodate west bound right turn lanes at proposed CR 265 East and proposed
CR 265 west, and for one east bound right tum lane at proposed CR 265 West. Also, an additional 20
foot utility easement will be dedicated on the south side of SH 29 adjacent to the Project and a 15
foot utility easement will be acquired on the north side adjacent to the new ROW boundaries.
ARTICLE VI
CITY OF ROUND ROCK
DUTIES AND RESPONSIBILITIES
Round Rock currently has two raw water lines within the ROW of SH 29, one north and one
south of the existing lanes of SH 29. Round Rock agrees to relocate the north line to the existing CR
265. Georgetown agrees to allow Round Rock to relocate the north line to the existing CR 265
right -of -way and to provide a future water line assignment for the south line along the future
extension of D. B. Wood Road south of SH 29. The cost of this ROW shall include the fair market
value of the 10 feet, plus any damages to the remainder tracts caused by the acquisition of the
additional 10 feet. Any savings to the roadway project associated with the acquisition of this
additional 10 feet of ROW will be deducted from Round Rock's ROW costs. All of the above shall
be memorialized in a separate interlocal agreement approved by Round Rock and Georgetown.
ARTICLE VII
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the expeditious construction of the
Improvements, and is not intended to legally bind the parties to the terms and conditions stated
herein. The parties, however, agree that the terms and conditions stated herein are reasonable and
provide an outline for future actions by the boards, councils and commissions of the parties.
4
SIMON PROPERTY GROUP
By:
Printed Name:
Title:
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
CITY OF GEORGETOWN, TEXAS
By:
Printed Name:
Title:
TEXAS DEPARTMENT OF
TRANSPORTATION
By:
Printed Name:
Title:
5
DATE: June 10, 2003
SUBJECT: City Council Meeting - June 26, 2003
ITEM: 11.F.2. Consider a resolution authorizing the Mayor to execute
a Memorandum of Understanding regarding the
widening of SH 29 in Georgetown.
Resource: Tom Word, Chief of Public Works Operations
Tom Clark, Director of Utilities
History: The City of Round Rock currently has both of its 30" Raw Water Lines
in the SH 29 right -of -way, one line on the North Side and the other on
the South Side. TxDOT will be widening SH 29 in this area to
accommodate the additional traffic that will be generated with the
completion of the new Simon Property's Development South of SH 29
at IH 35 in Georgetown. TxDOT has agreed to shift the improvements
to SH 29 to the North, which allows the City of Round Rock's South
Side 30" Raw Water Line (RWL) to remain in place. The City will be
required to relocate the North Side 30" Raw Water Line and remove
the existing line. The cost savings in moving one line and not both
lines is approximately $2,500,000. This Memorandum of
Understanding outlines the project schedule, confirms TxDOT's
agreement to move SH 29 improvements to the North, which allows
the City's South Side 30" RWL to remain in place. Georgetown
authorizes Round Rock to relocate the North 30" RWL in the existing
CR 265 right -of -way through an inter -local agreement.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: City of Georgetown & Simon Property
Impact /Benefit: The cost savings in move one line and not both lines is at
least $2,500,000.
Public Comment: N/A
Sponsor: N/A
MEMORANDUM OF UNDERSTANDING
C
This Memorandum of Understanding (MOU) is made by and between the Texas
Department of Transportation (TxDOT) the City of Georgetown, Texas (Georgetown), the
City of Round Rock, Texas (Round Rock) and Simon Property Group (Simon).
RECITALS
WHEREAS, Simon is in the process of acquiring a 103 acre site at the southwest
corner of IH -35 and SH 29 on which to locate a pedestrian - oriented shopping center (the
"Project "); and
WHEREAS, Georgetown adopted a Resolution on May 27, 2003 indicating its desire
to enter into a Development Agreement with Simon regarding the city participation in the
financing of the Project; and
WHEREAS, Simon, TxDOT, Georgetown, and Round Rock have engaged in
several meetings to determine the respective duties and responsibilities of all parties
relating to the Off-Site Roadway Improvements to SH 29 and the IH -35 southbound
frontage road (the "Improvements "); and
WHEREAS, in order to facilitate the expeditious development of the Project, the
parties desire to outline their respective duties and responsibilities in this MOU; and
WHEREAS, the parties recognize that future agreements formalizing the terms set
out in this MOU must be drafted and approved by the respective boards, councils and
commissions representing the parties; and
WHEREAS, the parties acknowledge that the terms and conditions listed herein are
not legally binding against any party, but merely serve as an outline of the duties and
responsibilities of each party,
NOW THEREFORE, Simon, Georgetown, Round Rock, and TxDOT agree to work
cooperatively and in good faith to develop the Improvements in the manner set forth
herein.
1. The Improvements shall consist of 1) the widening of SH 29 from the IH -35
southbound frontage road to the intersection of SH 29 and D. B. Woods Road. SH 29
shall be widened from the existing 4 -lane roadway to a 6 -lane roadway, with 2 lanes
in each direction with a raised median and right tum lanes. The new SH 29 design is
to be urban style design that will include curbs and gutters along a portion of the
roadway length and piped drainage improvements.
12-03-010-1)(0- Hat
00051945
ARTICLE I
GENERAL SCOPE OF WORK
2. Improvements will also include full movement access to the Project at the
intersection of CR 265 West and East. Traffic signalization shall be installed
immediately at CR 265 West, and shall be installed at CR 265 East after warrants are
met pursuant to existing TxDOT regulations.
3. Additionally, Improvements will include the construction of a 3 -lane southbound 111-
35 frontage road, with a bridge structure over the San Gabriel River, from SH 29
south to SH 2243 (Leander Road). This frontage road will include the relocation of
access ramps and 2 additional right -in, right -out points of access from the frontage
road to the Project.
4. Ancillary Improvements, such as the construction of portions of CR 265 East and
West will be included as part of the traffic studies approved by the City of
Georgetown and TxDOT.
ARTICLE II
TXDOT DUTIES AND RESPONSIBILITIES
TxDOT agrees to provide funding for all roadway engineering designs for the Improvements
listed in Article I, above. TxDOT further agrees to fund the construction of the southbound IH -35
frontage road and ramps as described in Article I, above. TxDOT funding excludes the cost of the
bridge structure over the San Gabriel River, the cost of design and construction of CR 265 East and
West and the cost of any environmental mitigation such as water quality ponds that maybe required
by TCEQ, TPWD or any other environmental agency. All of the TxDOT's duties and
responsibilities regarding funding will be delineated in detail in an Advanced Funding Agreement by
and between Georgetown and TxDOT.
ARTICLE III
CITY OF GEORGETOWN'S DUTIES
AND RESPONSIBILITIES
1. Georgetown agrees to fund up to, and no more than, $10.5 million for the balance of
the construction work on the SH 29 improvements, including traffic signalization, CR
265 East and West stub roads at the two intersections of SH 29, and the bridge
structure over the San Gabriel River. Irrespective of the final costs of these
Improvements, Georgetown will not commit to expend more than $10.5 million for
the listed Improvements. The financing and final terms of Georgetown's
responsibilities and duties regarding the Improvements will be memorialized in an
Advanced Funding Agreement with TxDOT and a Development Agreement with
Simon, to be approved by the Georgetown City Council at a later date.
2. Georgetown agrees to acquire all rights -of -way and utility easements for the
completion of the SH 29 Improvements and coordinate the relocation of utilities,
except for the Round Rock waterline mentioned below.
2
3. Georgetown agrees to provide required environmental mitigation such as water
quality treatment ponds arising from the construction of SH 29 Improvements as it
relates to any authorized runoff from properties outside of the TxDOT ROW adjacent
to SH29.
4. Georgetown agrees to enter into a limited design contract with a roadway design
engineer, acceptable to TxDOT, to provide preliminary information regarding SH 29
drainage issues within approximately 10 days after the signing of this MOU.
ARTICLE IV
CONSTRUCTION PHASING AND SCHEDULING
1. Construction of the Improvements may be in phases to complete the improvements
adjacent to the Project prior to total completion of all Improvements if the entire
Improvements will not be completed in time for the Project opening. Interim SH 29
roadway improvements through minor maintenance and restriping will made to
provide westbound left tum lanes at the Project access driveways at the proposed CR
265 East and West intersections. Installation of traffic signalization at the SH 29 and
CR 265 West intersections will be included as part of the interim construction and
will be maintained during full construction of SH 29 while SH 29 will be operational
with 3 lanes, one lane in each direction and left turn lanes into the 2 Project access
points.
2. The parties agree to cooperate in good faith with each other to meet the milestone
schedule dates shown below:
Complete By
1. Preliminary drainage info June 11, 2003
2. Georgetown/SPG Development Agreement June 2003
3. Georgetown/TxDOT Design Contract for all roadway design June 2003
4. Georgetown/Round Rock Agreement on water line relocation July 2003
5. Georgetown//Round Rock Agreement on ROW costs July 2003
6. Existing Utilities on Wolf Ranch site to be relocated October 2003
7. Complete Interim SH 29 Roadway Improvements July 2004
8. Phase I Wolf Ranch project opening September 2004
9. All Existing Utilities to be Relocated within the SH 29ROW January 2005
10. Round Rock to abandon N. raw water line January 2005
11. Begin construction of SH 29 Roadway Improvements January 2005
12. Round Rock to have relocated N. raw water line operational March 2005
13. Complete construction of SH 29 Roadway Improvements
between IH -35 and including CR 265 W. November 2005
14. Complete construction of SH 29 Roadway Improvements March 2006
15. Complete Wolf Ranch project. March 2006
16. Complete construction of I -35 Frontage Road and Bridge July 2006
3
ARTICLE V
RIGHT -OF -WAY REQUIREMENTS
TxDOT agrees that the total right -of -way (ROW) requirements required for the widening of
SH 29 will be nominally 130 feet wide, being 10 feet dedicated by Simon along the south side of SH
29, and 20 feet along the north side of SH 29. An additional 12 -15 feet of ROW will be required for
a limited length to accommodate west bound right turn lanes at proposed CR 265 East and proposed
CR 265 west, and for one east bound right tum lane at proposed CR 265 West. Also, an additional 20
foot utility easement will be dedicated on the south side of SH 29 adjacent to the Project and a 15
foot utility easement will be acquired on the north side adjacent to the new ROW boundaries.
ARTICLE VI
CITY OF ROUND ROCK
DUTIES AND RESPONSIBILITIES
Round Rock currently has two raw water lines within the ROW of SH 29, one north and one
south of the existing lanes of SH 29. Round Rock agrees to relocate the north line to the existing CR
265. Georgetown agrees to allow Round Rock to relocate the north line to the existing CR 265
right -of -way and to provide a future water line assignment for the south line along the future
extension of D. B. Wood Road south of SH 29. The cost of this ROW shall include the fair market
value of the 10 feet, plus any damages to the remainder tracts caused by the acquisition of the
additional 10 feet. Any savings to the roadway project associated with the acquisition of this
additional 10 feet of ROW will be deducted from Round Rock's ROW costs. All of the above shall
be memorialized in a separate interlocal agreement approved by Round Rock and Georgetown.
ARTICLE VII
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the expeditious construction of the
Improvements, and is not intended to legally bind the parties to the terms and conditions stated
herein. The parties, however, agree that the terms and conditions stated herein are reasonable and
provide an outline for future actions by the boards, councils and commissions of the parties.
4
SIMON PROPERTY GROUP
By:
Printed Name:
Title:
CITY OF ROUND ROCK, T
Bv:
Ti e:
CITY OF GEORGETOWN, TEXAS
By:
Printed Name:
Title:
TEXAS DEPARTMENT OF
TRANSPORTATION
By:
Printed Name:
Title:
5
e: NyL.E MA)11,0ELL
•ryrN
1
Mayor
Nyle Maxwell
Mayor Pro -tem
Torn Niels
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
Jim Nuse
City Attorney
Stephan L Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
June 11, 2003
Myles Minton
Senior Vice President of Community Center Development
Simon Property Group
115 W. Washington St.
No. 13 East
Indianapolis, IN 46204
Re: Draft of Memorandum of Understanding
Dear Mr. Minton,
The attached draft of a Memorandum of Understanding ( "MOU ") generally
sets forth Round Rock staff's understanding of the agreements regarding the
relocation of two raw water lines that impact the proposed Simon development
at the intersection of IH -35 and SH 29.
The MOU is being prepared to present to the Round Rock City Council at it's
June 26, 2003 meeting for its consideration and action. Subject to continued
review and possible minor amendments, my recommendation to the City
Council will be for approval of the MOU and to authorize the Mayor to sign it.
If you have any questions regarding this matter, please feel free to call me at
(512) 218 -5402.
Sin - ely,
mes R. Nuse, P.E.
and Rock City Manager
Enclosure
GAIvloniquetINuse\Simon MOU 6- 11- 03.doc
CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664
Phoney 512.218.5400 • Fax: 512.218.7097 " www,ci.round -rock. tx.us
c o
PS'(
t
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made by and between the City of
Georgetown, Texas (Georgetown), the City of Round Rock, Texas (Round Rock) and
Simon Property Group (Simon).
RECITALS
WHEREAS, Simon is in the process of acquiring a 103 acre site at the
southwest corner of IH -35 and SH 29 on which to locate a pedestrian- oriented
shopping center (the "Project "); and
WHEREAS, Georgetown adopted a Resolution on May 27, 2003 indicating its
desire to enter into a Development Agreement with Simon regarding the city
participation in the financing of the Project; and
WHEREAS, Simon, Georgetown, and Round Rock have engaged in several
meetings to determine the respective duties and responsibilities of all parties relating
to the Off -Site Roadway Improvements to SH 29 and the II-I-35 southbound frontage
road (the "Improvements "); and
WHEREAS, in order to facilitate the expeditious development of the Project, the
parties desire to outline their respective duties and responsibilities in this MOU; and
WHEREAS, the parties recognize that future agreements formalizing the terms
set out in this MOU must be drafted and approved by the respective boards, councils
and commissions representing the parties and with the Texas Department of
Transportation (TxDOT) through Advanced Funding Agreements with Georgetown;
and
WHEREAS, the parties acknowledge that the terms and conditions listed herein
are not legally binding against any party, but merely serve as an outline of the duties
and responsibilities of each party,
NOW THEREFORE, Simon, Georgetown and Round Rock agree to work
cooperatively and in good faith to develop the Improvements in the manner set forth
herein.
ARTICLE I
GENERAL SCOPE OF WORK
1. The Improvements shall consist of 1) the widening of SH 29 from the IH -35
southbound frontage road to the intersection of SH 29 and D. B. Woods Road. SH 29
shall be widened from the existing 4 -lane roadway to a 6 -lane roadway, with 2 lanes
in each direction with a raised median and right turn lanes. The new SH 29 design is
to be an urban style design that will include curbs and gutters along a portion of the
roadway length and piped drainage improvements.
O:\ wdox \CLIENTS\simon\develop\ageemen \00051426, DOC
1
2. Improvements will also include full movement access to the Project at the
intersection of CR 265 West and East. Traffic signalization shall be installed
immediately at CR 265 West, and shall be installed at CR 265 East after warrants are
met pursuant to existing TxDOT regulations.
3. Additionally, Improvements will include the construction of a 3 -lane southbound IH-
35 frontage road, with a bridge structure over the San Gabriel River, from SH 29
south to SH 2243 (Leander Road). This frontage road will include the relocation of
access ramps and 2 additional right -in, right -out points of access from the frontage
road to the Project.
4. Ancillary Improvements, such as the construction of portions of CR 265 East and
West will be included as part of the traffic studies approved by Georgetown and
TxDOT.
ARTICLE II
SIMON'S DUTIES AND RESPONSIBILITIES REGARDING TXDOT
Simon will continue to work with TxDOT and Georgetown to draft Advanced Funding
Agreements wherein TxDOT will consider the following: TxDOT will consider providing funding
for all roadway engineering designs for the Improvements listed in Article I, above. TxDOT further
would consider funding the construction of the southbound IH -35 frontage road and ramps as
described in Article I, above. TxDOT funding excludes the cost of the bridge structure over the San
Gabriel River, the cost of design and construction of CR 265 East and West and the cost of any
environmental mitigation such as water quality ponds that may be required byTCEQ, TPWD or any
other environmental agency. All of the TxDOT's duties and responsibilities regarding funding will
be delineated in detail in an Advanced Funding Agreement by and between Georgetown and
TxDOT.
ARTICLE III
CITY OF GEORGETOWN'S DUTIES
AND RESPONSIBILITIES
1. Georgetown agrees to fund up to, and no more than, $10.5 million for the balance of
the construction work on the SH 29 improvements, including traffic signalization, CR
265 East and West stub roads at the two intersections of SH 29, and the bridge
structure over the San Gabriel River. Irrespective of the final costs of these
Improvements, Georgetown will not commit to expend more than $10.5 million for
the listed Improvements. The fmancing and final terms of Georgetown's
responsibilities and duties regarding the Improvements will be memorialized in an
Advanced Funding Agreement with TxDOT and a Development Agreement with
Simon, to be approved by the Georgetown City Council at a later date.
2
f
2. Georgetown agrees to acquire all rights -of -way and utility easements for the
completion of the SH 29 Improvements and coordinate the relocation of utilities,
except for the Round Rock waterline mentioned below.
3. Georgetown agrees to provide required environmental mitigation such as water
quality treatment ponds arising from the construction of SH 29 Improvements, as it
relates to any authorized runoff from properties outside of the TxDOT ROW adjacent
to SH 29 and as part of right -of -way acquisition.
4. Georgetown agrees to enter into a limited design contract with a roadway design
engineer, acceptable to TxDOT, to provide preliminary information regarding SH 29
drainage issues within approximately 10 days after the signing of this MOU.
ARTICLE IV
CONSTRUCTION PHASING AND SCHEDULING
1. Construction of the Improvements may be in phases to complete the improvements
adjacent to the Project prior to total completion of all Improvements if the entire
Improvements will not be completed in time for the Project opening. Interim SH 29
roadway improvements through minor maintenance and restriping will made to
provide westbound left turn lanes at the Project access driveways at the proposed
CR 265 East and West intersections. Installation of traffic signalization at the SH 29
and CR 265 West intersections will be included as part of the interim construction
and will be maintained during full construction of SH 29 while SH 29 will be
operational with 3 lanes, one lane in each direction and left turn lanes into the 2
Project access points.
2. The parties agree to cooperate in good faith with each other to meet the milestone
schedule dates shown below:
Complete By
1. Preliminary drainage info June 11, 2003
2. Georgetown/SPG Development Agreement June 2003
3. Georgetown/TxDOT Design Contract for all roadway design June 2003
4. Georgetown/Round Rock Agreement on water line relocation July 2003
5. Georgetown//Round Rock Agreement on ROW costs July 2003
6. Existing Utilities on Wolf Ranch site to be relocated October 2003
7. Complete Interim SH 29 Roadway Improvements July 2004
8. Phase I Wolf Ranch project opening September 2004
9. All Existing Utilities to be Relocated within the SH 29ROW January 2005
10. Round Rock to abandon N. raw water line January 2005
11. Begin construction of SH 29 Roadway Improvements January 2005
12. Round Rock to have relocated N. raw water line operational March 2005
13. Complete construction of SH 29 Roadway Improvements
between IH -35 and including CR 265 W. November 2005
14. Complete construction of SH 29 Roadway Improvements March 2006
3
15. Complete Wolf Ranch project.
16. Complete construction of I -35 Frontage Road and Bridge
ARTICLE V
RIGHT -OF -WAY REQUIREMENTS
March 2006
July 2006
It is the parties' understanding that TxDOT has agreed that the total right -of -way (ROW)
requirements required for the widening of SH 29 will be nominally 130 feet wide, being 10 feet
dedicated by Simon along the south side of SH 29, and 20 feet along the north side of SH 29. An
additional 12-15 feet of ROW will be required for a limited length to accommodate west bound right
turn lanes at proposed CR 265 East and proposed CR 265 west, and for one east bound right turn
lane at proposed CR 265 West. Also, an additional 20 foot utility easement will be dedicated on the
south side of SH 29 adjacent to the Project and a 15 foot utility easement will be acquired on the
north side adjacent to the new ROW boundaries.
ARTICLE VI
CITY OF ROUND ROCK
DUTIES AND RESPONSIBILITIES
Round Rock currently has two raw water lines within the ROW of SH 29, one north and one
south of the existing lanes of SH 29. Round Rock agrees to relocate the north line to a location to be
determined later by Georgetown and Round Rock. Round Rock desires to keep the south line in its
existing location, and, in return for being allowed to keep the south line at its current location, Round
Rock shall be responsible for the costs of acquiring the additional 10 feet of ROW along the north
side of SH 29 as stated above. The cost of this ROW shall include the fair market value of the 10
feet, plus any damages to the remainder tracts caused by the acquisition of the additional 10 feet. Any
savings to the roadway project associated with the acquisition of this additional 10 feet of ROW will
be deducted from Round Rock's ROW costs. All of the above shall be memorialized in a separate
interlocal agreement approved by Round Rock and Georgetown.
ARTICLE VII
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the expeditious construction of the
Improvements, and is not intended to legally bind the parties to the terms and conditions stated
herein. The parties, however, agree that the terms and conditions stated herein are reasonable and
provide an outline for future actions by the boards, councils and commissions of the parties.
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SIMON PROPERTY GROUP
By:
Printed Name:
Title:
Date:
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date:
CITY OF GEORGETOWN, TEXAS
By:
Printed Name:
Title:
Date:
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