R-79-244 - 10/11/1979THE STATE OF TEXAS 0
COUNTY OF WILLIAMSON 0
KNOW ALL MEN BY THESE PRESENTS:
This agreement is made and entered into by and between The City of
Round Rock, Texas, acting herein by and through its duly authorized
Mayor, hereinafter called "City" and Sunrise Vista Joint Venture, act-
ing herein by and through its duly authorized representatives, William
R. Kitts and John Reynolds, hereinafter called "Sunrise ".
WITNESSETH
I.
Sunrise owns 49 acres of land in the Chandler Watershed
known as Sunrise Vista, which is planned to be de eloped into approxi-
mately 159 single family lots. Sunrise desires m nicipal water and
sanitary sewer service as such lands are developed.
1I.
The City owns and operates a sewage treatment facility for which
Sunrise has installed a lift station (300 GPM) and 1,774 linear feet of
6" P.V.C., Class 160 force main to serve its 49 acre tract. Upon the
request of the City of Round Rock to oversize these facilities, the
lift station and force main facilities (approximately 114 acres) were
designed to serve 370 dwelling units at 3.2 persons per unit and 3.25
units per acre. The lift station and force main facilities were
installed in the amount of $20,293 including construction and
engineering costs.
Sunrise hereby reserves the right to 159 dwelling units (approxi-
mately 49 acres) of capacity in these lift station and force main
facilities. Extra capacity in the oversized facilities would allow 211
dwelling units (approximately 65 acres), exclusive of Sunrise, to
utilize the lift station and force main facilities.
III.
The City and Sunrise agree that the City or its nominee shall col-
lect from the owners of any land or developers or any other persons who
wish to use said lift station and force main facilities directly or in-
directly the sum of $54.85 per dwelling unit or dwelling unit equiva-
lent to those so connecting. As used herein "dwelling unit" shall mean
a unit of residential housing intended for occupancy by a single
family. For all connections other than for residential uses, a "dwell-
ing unit equivalent" shall' mean:
(1) a connection serving 4,000 square feet or less, and
(2) each 4,000 square feet served by a single service connection.
Any fraction of 4,000 square feet in excess of multiples thereof shall
be considered another dwelling unit equivalent. The fees shall be
collected at the time of recording of final plats or at such time as
the final determination of the dwelling unit equivalent if that is not
known at the time of the filing of the final plat.
IV.
Upon receipt, the City or its nominee shall pay over to Sunrise
the connection fees collected from other users. When Sunrise has
received fees for 211 dwelling units or dwelling unit equivalents,
and for any of the reserved 159 units of capacity that Sunrise may desire
to relinquish, the terms of this contract shall be considered to be
fulfilled and this contract shall terminate.
EXECUTED this a4 44day of � i�� a�ti_ , 1979.
ATTEST:
ATTEST:
SUNRISE VISTA JOINT VENTURE
By: . ..444
William R. Kitts, President
Homes by Bill Kitts; Inc..'
By:
if
i /// . � i s
orney -in- act,
Inc.
emium Builde
THE STATE OF TEXAS 0
COUNTY OF WILLIAMSON 0
BEFORE ME, the undersigned authority, on this day personally
appeared William R. Kitts, President of Homes by Bill Kitts, Inc., a
Texas corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed same for the purposes and considerations therein expressed,
and as the act and deed of said corporation.
,GIVEN ' UNDER MY HAND AN D,,.,SNA'L,,,OF OFFICE, this the 2 . f day of
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this personally
appeared John Reynolds, Attorney -in -Fact of Premium Builders, Inc., a
Texas corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed same for the purposes and considerations therein expressed,
and as the act and deed of said corporation.
GIVEj1 UNDER MY HAND AND SEAL 2 LECE, this the , / day of
, 1979�.o,`��p,RY P U�
a : �,', MARIAN L. MACRY
THE STATE OF TEXAS 0
COUNTY OF WILLIAMSON 0
BEFORE ME, the undersigned authority, on this day personally
appeared Larry Tonn, Mayor of the City of Round Rock, known to me to be
the person whose name is subscribed to the forgoing instrument and
acknowledged to me that he executed same for the purposes and
considerations therein expressed, and as the act and deed of said
municipality.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1/ day of
006v , 1979.
►o
c ; -- oE9 /Public in and for
r. P‘ . Wt , mson County, Texas •
% -. y r • .......S ~`
t 'i... ...t n "�
and for
I d •
? n s . r Ppl is in
BOG s amio Vounty, Texas
TM`f � sion Expi 5-3-81
e
G9 rv. R- 1 i,
Notary Public in and for
Williamson County, Texas
RESOLUTION NO. foci
WHEREAS, Sunrise .Vista Joint Venture has plans; to de-
velop approximately 159 single family lots in the Chandler
'a
ATTEST:
Creek Watershed, and
WHEREAS, the construction of a life station was neces-
sary to serve the lots with City sewage, and
WHEREAS, at the request of the City, the lift station
was oversized to serve 370 dwelling units, and
WHEREAS, the City wishes to enter into an agreement
with Sunrise, by which the City will administer the collec-
tion of fees from other users of the lift station and pay
over such fees to Sunrise, 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 an agreement with Sunrise
Vista Joint Venture, a copy of which agreement is attached
hereto and incorporated herein for all purposes.
RESOLVED this 11th day of Octo , 1979
LAND,Ci y 'ecretary
i ''RY L. - TO N, ayor
City of Round Rock, Texas
ADDENDUM TO AGREEMENT BETWEEN
THE CITY OF ROUND ROCK, TEXAS AND
SUNRISE VISTA JOINT VENTURE
V.
Prior to final acceptance of the lift station by the
City, and prior to paying over to Sunrise of connection
fees collected from other users, Sunrise shall file with
the City Engineer the following:
(a) Either a one (1) year warranty bond executed by
a corporate surety licensed to do business in
the State of Texas, conditioned that the improve-
ments are free from defects in materials and work-
manship or letter of credit from a banking or
other financial institution authorized to do busi-
ness in Texas, committing funds for the correc-
tion and repairs of any defects in materials or
workmanship; said bond or letter of credit shall
be in the amount of ten percent (10 %) of the con-
tract price, and they shall conform to forms ap-
proved by the City Council, and
(b) One (1) set of reproducible "AS BUILT" plans.
EXECUTED this /l day of /Ig14/ , 1979.
ATTEST: SUNRISE VISTA JOINT VENTURE
ATTEST: CITY OF R. / ROC
40 /111/L 4A_
/.
By:
By:
William R. Kitts, President
Homes by Bill Kitts, Inc.
_ John Reynolds, Attorney -in -Fact
Premium Builders, Inc.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day per-
sonally appeared William R. Kitts, President of Homes by
Bill Kitts, Inc., a Texas corporation, known to me to be
the person whose name is subscribed to the foregoing instru-
ment and acknowledged to me that he executed same for the
purposes and considerations therein expressed, and as the
act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1979.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THE STATE OF TEXAS
Notary Public in and for
Williamson County, Texas
BEFORE ME, the undersigned authority, on this day per-
sonally appeared John Reynolds, Attorney -in -Fact of Premium
Builders, Inc., a Texas corporation, known to me to be the
person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed same for the pur-
poses and considerations therein expressed, and as the act
and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _
day of , 1979.
Notary Public in and for
Williamson County, Texas
COUNTY OF WILLIAMSON
BEFORE ME; the undersigned authority, on this day per-
sonally appeared Larry Tonn, Mayor of the City of Round
Rock, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that
he executed same for the purposes and considerations there-
in expressed, and as the act and deed of said municipality.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
// day of /)Ct , 1979.
Notar Public in and for
Williamson County, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON 0
KNOW ALL MEN BY THESE PRESENTS:
This agreement is made and entered into by and between The City of
Round Rock, Texas, acting herein by and through its duly authorized
Mayor, hereinafter called "City" and Sunrise Vista Joint Venture, act-
ing herein by and through its duly authorized representatives, William
R. Kitts and John Reynolds, hereinafter called "Sunrise ".
WITNESSETH
I.
Sunrise owns 49 acres of land in the Chandler Creek Watershed
known as Sunrise Vista, which is planned to be developed into approxi-
mately 159 single family lots. Sunrise desires municipal water and
sanitary sewer service as such lands are developed.
II.
The City owns and operates a sewage treatment facility for which
Sunrise has installed a lift station (300 GPM) and 1,774 linear feet of
6" P.V.C., Class 160 force main to serve its 49 acre tract. Upon the
request of the City of Round Rock to oversize these facilities, the
lift station and force main facilities (approximately 114 acres) were
designed to serve 370 dwelling units at 3.2 persons per unit and 3.25
units per acre. The lift station and force main facilities were
installed in the amount of $20,293 including construction and
engineering costs.
Sunrise hereby reserves the right to 159 dwelling units (approxi-
mately 49 acres) of capacity in these lift station and force main
facilities. Extra capacity in the oversized facilities would allow 211
dwelling units (approximately 65 acres), exclusive of Sunrise, to
utilize the lift station and force main facilities.
III.
The City and Sunrise agree that the City or its nominee shall col-
lect from the owners of any land or developers or any other persons who
wish to use said lift station and force main facilities directly or in-
directly the sum of $54.85 per dwelling unit or dwelling unit equiva-
lent to those so connecting. As used herein "dwelling unit" shall mean
a unit of residential housing intended for occupancy by a single
family. For all connections other than for residential uses, a "dwell-
ing unit equivalent" shall mean:
(1) a connection serving 4,000 square feet or less, and
(2) each 4,000 square feet served by a single service connection.
Any fraction of 4,000 square feet in excess of multiples thereof shall
be considered another dwelling unit equivalent. The fees shall be
collected at the time of recording of final plats or at such time as
the final determination of the dwelling unit equivalent if that is not
known at the time of the filing of the final plat.
Upon receipt, the City or its nominee shall pay over to Sunrise
the connection fees collected from other users. When Sunrise has
received fees for 211 dwelling units or dwelling unit equivalents,
and for any of the reserved 159 units of capacity that Sunrise may desire
to relinquish, the terms of this contract shall be considered to be
fulfilled and this contract shall terminate. -
EXECUTED this o74 day of r�/v�r �c! t) , 1979.
ATTEST: SUNRISE VISTA JOINT VENTURE
ATTEST: CITY OF RO
IV.
By:
J
By:
By
William R. Kitts, President
Homes by Bill Kitt Inc.
Reyno is, ttorney —in —Fact,
remium Build s, Inc.
La Tonn,
K
THE STATE OF TEXAS 0
COUNTY OF WILLIAMSON 0
BEFORE HE the undersigned authority, on this day personally
appeared William R. Kitts, President of Homes by Bill Kitts, Inc., a
Texas corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed same for the purposes and considerations therein expressed,
and as the act and deed of said corporation.
F MY HAND,
C70 z .`o ..
g* •
▪ o
▪ o
COUNTY OF WILLIAMSON §
THE STATE OF TEXAS
COUNTY OF WILLIAMSON lE
'''
THE STATE OF TEXAS
* ; 171i Off`,
it �
.'Q. OFFICE, this the 2 4/4day of
•; *' L4/7041 - 1 , 7,, l� • /,l//'�il9.lP.C�/!
BEFORE ME, the undersigned authority, on this day personally
appeared John Reynolds, Attorney —in —Fact of Premium Builders, Inc., a
Texas corporation, known to me.to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed same for the purposes and considerations therein expressed,
and as the act and deed of said corporation.
owl: tttt GIVE I R t HAND AND ,p. 'pFP E, this the ,W /S'day of
Ax.---- I •• • MARIAN L. MACRY
`, ' O - F „
fiffaw Public in and for
I .iamson County, Texas
lic
4 pn County, Texas
fission Expires 5 - 81
BEFORE ME, the undersigned authority, on this day personally
appeared Larry Tonn, Mayor of the City of Round Rock, known to me to be
the person whose name is subscribed to the forgoing instrument and
acknowledged to me that he executed same for the purposes and
considerations therein expressed, and as the act and deed of said
municipality.
��jj _ UND ER MY HAND AND SEAL OF OFFICE, this the 1/ day of
11pQtw , 1979.
NotaryljPublic in and for
Williamson County, Texas
`3 7
19 /" i- 79
Mr. Bob Bennett
City Manager
City of Round Rock
Round Rock, Texas 78664
BK:yd
HOMES BY I� t�
REALTOR — BUILDER
2121 N. MAYS — A/C 512 - 255 -2236
ROUND ROCK, TEXAS 78664
September 25, 1979
Dear Bob,
Attached please find a prepared agreement between the
- ' a
City and Sunrise Vista Venture pertaining to the oversize
sewer lift required in the Sunrise Vista Subdivision. This
agreement is similar to others in existence at this time.
We request it be placed on the City Council agenda as
soon as possible. '
Bill Kitts
A
,
/