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R-83-520 - 5/12/1983WHEREAS, Creek Bend Joint Venture (Creek Bend) owns certain property known as Creek Bend Section 1 and Creek Bend Section 2 (Property), and WHEREAS, the wastewater line currently being constructed by Lifemark Hospitals, Inc. has been oversized to provide capacity to serve the Property, and WHEREAS, the City has previously contracted with Lifemark to reimburse it for the cost of the oversized line from fees charged to future users, and WHEREAS, a wastewater main extension is planned which will tie onto the Lifemark line and provide service to the Property, and WHEREAS, Creek Bend has agreed to the terms of a contract whereby it pays its pro rata share of the Lifemark line as well as the proposed extension, and WHEREAS, the Council wishes to approve said contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor of the City of Round Rock, Texas, is hereby authorized and directed to execute on behalf of the City, an Agreement with Creek Bend Joint Venture, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of May, ATTEST: J NNE RESOLUTION NO. LAND, City Secretary J` 020/2 LACY L 0 , Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON day of AGREEMENT § THIS AGREEMENT is made and entered into on this L" , 1983, by and between the City of Round Rock, Texas, hereinafter called "City" and Creek Bend Joint Venture, hereinafter called "Creek Bend ", a joint venture composed of Bob Clark Builders of Texas, Inc., Julian Zimmerman, Paul Antrim and Douglas Kadison. RECITALS WHEREAS, Lifemark Hospitals, Inc. is presently con- structing a hospital and related facilities on a site west of the City on F.M. Highway 620, and WHEREAS, since the hospital site is not presently served with wastewater, Lifemark has agreed to undertake the construction and extension of necessary wastewater lines to serve the hospital site, and WHEREAS, the City has required Lifemark to oversize the wastewater line to provide additional capacity for a much larger area, and WHEREAS, Creek Bend owns certain property known as Creek Bend Section 1 and Creek Bend Section 2, (Property) and WHEREAS, the line being oversized by Lifemark will contain capacity to provide wastewater service to this property in the future, and WHEREAS, the remainder of the wastewater main extension will be constructed in the future as the need arises and funds are available, and WHEREAS, Creek Bend agrees to pay its pro rata share of the oversized wastewater main presently under construction, and the future extension of the main to the Property, and WHEREAS, until such time as the wastewater main is extended to Creek Bend's Property the City agrees to permit Creek Bend to construct a temporary lift station to provide wastewater service, IT IS THEREFORE AGREED THAT: I. The City agrees to permit Creek Bend to construct a temporary lift station to tie onto an existing wastewater line in Sam Bass Road. This authorization will expire upon the construction and completion of the proposed wastewater main along Brushy Creek. II. Creek Bend agrees to pay to the City upon execution of this agreement its pro rata share of the cost of the over- sized line under construction, which amount is $5,593.83. III. Creek Bend further agrees to pay to the City its pro rata share of the cost of construction of the proposed wastewater main from the tie -in point of the line being built by Lifemark to the Property, which amount is $8,731.80. This amount is to be paid in two equal annual installments of $4,365.90 each on the first and second anniversary date of this Agreement. Failure to make these payments when due will result in the immediate cessation of the issuance of all building permits and certificates of occupancy for the property. In addition interest will accrue on all matured, unpaid amounts at the rate of 10% per annum until paid. IV. The City hereby sets aside and agrees to provide to Creek Bend capacity within the aforementioned wastewater line to serve 253 Living Unit Equivalents (LUE's). As used herein, a LUE is defined as that unit of development which produces the same wet weather flow as is produced by a single family dwelling unit. - 2 - LUE's will be calculated by using the following formula: Type Number of Use of LUE's Detached single family residential Duplex Multi- family Commercial & Industrial (up to 11,000 square feet of covered floor space) Commercial & Industrial (over 11,000 square feet of covered floor space) - 3 - 1 .873 per dwelling unit .643 per dwelling unit 1 Number of square feet of covered floor space =LUE's 11,000 V. Beginning ten (10) years from the date of completion of the proposed wastewater main to Creek Bend's Property, if Creek Bend has not utilized its full reserved capacity in the wastewater line, the City shall have the continuing option to be released from its obligation undertaken herein by paying to Creek Bend its pro rata cost per LUE plus interest at the rate of seven percent (7%) per annum from date hereof for each LUE released herefrom. VI. Creek Bend may allocate its LUE's to its property in such manner as it may elect. The LUE's reserved herein shall not be assigned to anyone other than a purchaser of Creek Bend's property without the express written consent of the City. VII. The monies paid and agreed to be paid herein shall not be considered in lieu of any other fee or charge required of developers or builders by any ordinance of the City, including, but not limited to sewer service and oversize fees, water service and oversize fees and tap fees. VIII. A. This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. B. Should any litigation be commenced between the parties hereto concerning this Agreement, the party prevailing in such litigation shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and costs. C. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns where permitted by this agreement. D. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the with ; subje t matter. CITY 0 By: Attest: y L. To,n, Mayor - 4 - CREEK BEND JOINT VENTURE By: Bob Clark Builders of Texas, Inc., Managing Partner *l Ro.e t E C ar , resident THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT is made and entered into on this /.0'Z 7 :8 day of 1)/01--- , 1983, by and between the City of Round Rock, Texas, hereinafter called "City" and Creek Bend Joint Venture, hereinafter called "Creek Bend ", a joint venture composed of Bob Clark Builders of Texas, Inc., Julian .Zimmerman, Paul Antrim and Douglas Kadison. RECITALS WHEREAS, Lifemark Hospitals, Inc. is presently con- structing a hospital and related facilities on a site west of the City on F.M. Highway 620, and WHEREAS, since the hospital site is not presently served with wastewater, Lifemark has agreed to undertake the construction and extension of necessary wastewater lines to serve the hospital site, and WHEREAS, the City has required Lifemark to oversize the wastewater line to provide additional capacity for a much larger area, and WHEREAS, Creek Bend owns certain property known as Creek Bend Section 1 and Creek Bend Section 2, (Property) and WHEREAS, the line being oversized by Lifemark will contain capacity to provide wastewater service to this property in the future, and WHEREAS, the remainder of the wastewater main extension will be constructed in the future as the need arises and funds are available, and WHEREAS, Creek Bend agrees to pay its pro rata share of the_oversized wastewater main presently under construction, and the future extension of the main to the Property, and WHEREAS, until such time as the wastewater main is extended to Creek Bend's Property the City agrees to permit Creek Bend to construct a temporary lift station to provide wastewater service, IT IS THEREFORE AGREED THAT: I. The City agrees to permit Creek Bend to construct a temporary lift station to tie onto an existing wastewater line in Sam Bass Road. This authorization will expire upon the construction and completion of the proposed wastewater main along Brushy Creek. II. Creek Bend agrees to pay to the City upon execution of this agreement its pro rata share of the cost of the over- sized line under construction, which amount is $5,593.83. III. Creek Bend further agrees to pay to the City its pro rata share of the cost of construction of the proposed wastewater main from the tie -in point of the line being built by Lifemark to the Property, which amount is $8,731.80. This amount is to be paid in two equal annual installments of $4,365.90 each on the first and second anniversary date of this Agreement. Failure to make these payments when due will result in the immediate cessation of the issuance of all building permits and certificates of occupancy for the property. In addition interest will accrue on all matured, unpaid amounts at the rate of 10% per annum until paid. IV. The City hereby sets aside and agrees to provide to Creek Bend capacity within the. aforementioned wastewater line to serve 253 Living Unit Equivalents (LUE's). As used herein, a LUE is defined as that unit of development which produces the same wet weather flow as is produced by a single family dwelling unit. - 2 - LUE's will be calculated by using the following formula: Type Number of Use of LUE's Detached single family residential 1 Duplex .873 per dwelling unit Multi- family .643 per dwelling unit Commercial & Industrial (up to 11,000 square feet of covered floor space) Commercial & Industrial (over 11,000 square feet of covered floor space) 1 Number of square feet of covered floor space = LUE's 11,000 V. Beginning ten (10) years from the date of completion of the proposed wastewater main to Creek Bend's Property, if Creek Bend has not utilized its full reserved capacity in the wastewater line, the City shall have the continuing option to be released from its obligation undertaken herein by paying to Creek Bend its pro rata cost per LUE plus interest at the rate of seven percent (7 %) per annum from date hereof for each LUE released herefrom. VI. Creek Bend may allocate its LUE's to its property in such manner as it may elect. The LUE's reserved herein shall not be assigned to anyone other than a purchaser of Creek Bend's property without the express written consent of the City. VII. The monies paid and agreed to be paid herein shall not be considered in lieu of any other fee or charge required of developers or builders by any ordinance of the City, including, but not limited to sewer service and oversize fees, water service and oversize fees and tap fees. VIII. A. This contract shall be construed under and in accordance with the laws of the State of Texas, and all - 3 7 obligations of the parties created hereunder are performable in Williamson County, Texas. B. Should any litigation be commenced between the parties , hereto concerning this Agreement, the party prevailing in such litigation shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and costs. C. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns where permitted by this agreement. D. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid,. illegal, or unenforceable provision had never been contained herein. E. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the wit By: Attest: matter. CITY 0 R. NDâ–º Mb. . r rry L. Tonn 1 Mayor J nne Land, C ty Secretary - 4 - CREEK BEND JOINT VENTURE By: Bob Clark Builders of Texas, Inc., Managing Partner E Clark, President