Loading...
R-84-647 - 10/25/1984Texas RESOLUTION NO. („, 7/Q WHEREAS, an area south of the City's corporate limits does not now have access to municipal wastewater treatment facilities, and WHEREAS, said area is in the City's proposed certificated area for wastewater service, and WHEREAS, the City of Round Rock has previously executed an agreement with several landowners of property located south of the City limits whereby a wastewater line will be constructed to provide service to that area; and WHEREAS, at the time the aforesaid agreement was executed, the owners of one certain tract of approximately 232.4 acres (the "Scarborough Tract ") were unwilling to join in said agreement; and WHEREAS, pending the closing of the Scarborough Tract, the City of Round Rock agreed to temporarily commit the necessary funds to allow the wastewater project to be bid; and WHEREAS, Boardwalk Joint Venture has recently completed the purchase of the abovementioned Scarborough Tract and is now prepared to commit the funds necessary to construct the wastewater line; and WHEREAS, Boardwalk Joint Venture wishes to accept and be bound by the applicable terms and obligations contained within the abovementioned agreement; and WHEREAS, Boardwalk Joint Venture agrees to deposit with the City of Round an irrevocable letter of credit in the amount of $309,442.001 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City, an agreement with Boardwalk Joint Venture for the construction of a wastewater main south ATTEST: ity ecretary of the City, a copy of such agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of October, 1984. MIKE "ROB NSON, Mayor City of Round Rock -2- AGREEMENT RELATING TO AN AGREEMENT DATED AUGUST 15, 1984, BETWEEN THE CITY OF ROUND ROCK AND SEVERAL LANDOWNERS OF PROPERTY LOCATED SOUTH OF THE CITY LIMITS THIS AGREEMENT is made and entered into this Z.5 1-12- day of OC•( , 1984, by and between the City of Round Rock, Texas ( "City ") and Boardwalk Joint Venture, a Texas Joint Venture ( "Boardwalk "). Recitals WHEREAS, the City has previously executed an agreement dated August 15, 1984, with several landowners of property located south of the city limits whereby a wastewater line will be constructed which will provide service to the area, a copy of such agreement being attached hereto incorporated herein for all purposes, and WHEREAS, at the time the aforesaid agreement was executed, the owners of a tract containing approximately 232.40 acres known locally as the "Scarborough Tract" were unwilling to join in agreement, and WHEREAS, pending the closing of the Scarborough Tract, City agreed to temporarily commit the necessary funds to the project to be bid, and WHEREAS, Boardwalk has recently as Exhibit "A" and the the allow completed the purchase of the Scarborough Tract and is now prepared to commit the funds necessary to construct the wastewater line, Now Therefore, it Is Agreed That: I. Boardwalk owns 232.40 acres more particularly described in Exhibit "B" attached hereto and incorporated herein. II. Boardwalk agrees that the number of LUE's reserved for their property shall be 1,347.92. III. Boardwalk agrees to deposit with the City an irrevocable letter of credit in the amount of $309,442.00, issued by a financial institution whose principal office is within the State of Texas in a form to be approved by the City Attorney. IV. Boardwalk agrees to accept and be bound by all applicable terms and obligations contained within the agreement attached hereto as Exhibit "A ". City agrees that Boardwalk shall have the same general rights and benefits as the landowners who actually executed said agreement, including the reservation of capacity in said wastewater line as provided in said agreement. CITY OF ROUND ROCK ATTEST: /A%/L/ I NNE LAND, City Secretary By: B MIKE ROB NSON, Mayor BOARDWALK JOINT VENTURE, a Texas Joint Venture By: Steve Topletz Development Company, d /b /a Topletz Develop- ment company, Managing Vepttrer L Steve Topletz, President a;3 �c. Sc m�.ii nZK' 4. STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT "A" AGREEMENT • • • • Recitals • THIS AGREEMENT is made and entered into on this 15th day of August, 1984, by and between the City of Round Rock, Texas ( "City ") and C. Weldon Chaffin and wife, Lola M. Chaffin, Austin Raceway Development Company, a Texas Joint Venture, Charles M. Christensen, Trustee, Williamson Properties, Incorporated (Corridor I), Williamson Properties, Incorporated (Corridor II), Tom E. Fairey and T.A. Fairey, C.T. Nelson, Jr., (Scarborough Tract), Great Hills Commercial Joint Venture, and Rudolph A. Sellstrom and wife, Beda Stark Sellstrom, and Tom Fairey Company, ( "Landowners "). WHEREAS, Landowners own approximately 887.64 acres of land out of a total of 1,212.69 acres contained in an area generally south of the City's limits, said area being designated as the "Study Area" in Exhibit "A" attached hereto, and WHEREAS, the Study Area does not presently have access to any municipal wastewater service, and WHEREAS, a study performed by the engineering firm of Haynie & Kallman, Inc. has determined that in order for the Study Area to have access to City's wastewater system, certain improvements consisting of a major wastewater line must be constructed, and WHEREAS, Haynie & Kallman, Inc. estimate that the cost of constructing said improvements is $1,285,205.00, and WHEREAS, the City does not have current funds available for the construction of said improvements, Now Therefore, It Is Agreed That: I. Landowners own the number of acres within the Study Area as indicated below: MORE PARTICULARLY DESCRIBED IN NAME NUMBER OF ACRES EXHIBIT 1. C. Weldon Chaffin and wife, Lola M. Chaffin 91.60 2. Austin Raceway Development Company, a Texas Joint Venture 164.00 3. Charles M. Christensen, Trustee 58.90 4. Williamson Properties, Incorporated (Corridor I) 110.00 5. Williamson Properties, Incorporated (Corridor II) 78.00 6. Tom E. Fairey and T.A. Fairey 15.00 7. C.T. Nelson, Jr. 100.80 8. (Scarborough Tract) 232.40 9. Great Hills Commercial Joint Venture 6.85 10. Rudolph A. Sellstrom and wife, Beda Stark Sellstrom 11. Tom Fairey Company TOTAL 20.09 10.00 887.64 „ "C" " "E" "F" "H" "K" " 4 N -44' 4 4y..i ,��•• k43�z' s + �r '' O 'i'.t� ^ i' �i�+i'}x The capacity of the wastewater line to be constructed shall be measured in terms of Living Unit Equivalents (LUE's). A LUE is defined as that unit of development which produces the same peak wet weather flow as is produced by a detached single family dwelling unit. Landowners agree to reserve for their respective tracts of land the number of LUE's in the line as indicated below: NAME LUE's 1. C. Weldon Chaffin and wife, Lola M. Chaffin 600.00 2. Austin Raceway Development Company, a Texas Joint Venture 951.20 3. Charles M. Christensen, Trustee 515.00 4. Williamson Properties, Incorporated (Corridor I) 638.00 5. Williamson Properties, Incorporated (Corridor II) 560.00 6. Tom E. Fairey and T.A. Fairey 111.00 7. C.T. Nelson, Jr. 584.64 8. (Scarborough Tract) 1,347.92 9. Great Hills Commercial Joint Venture 83.00 10. Rudolph A. Sellstrom and wife, Beda Stark Sellstrom 140.00 11. Tom Fairey Company 111.00 TOTAL 5,641.76 The number of LUE's for residential uses shall be determined as follows: TYPE OF BESTDENTIAL UNIT Single Family Detached Duplex Tri —plex, four —plex and multi — family The number of LUE's for commercial and industrial use shall be determined in accordance with the following formula: Building Area X 6 X Land Area in Acres = LUE's Land Area Landowners shall be entitled to allocate their LUE's to their respective tracts as they deem advisable. The rights of Landowners herein conferred shall be deemed to be transferred to any purchaser of their respective tracts, or portion thereof on a prorata basis. Landowners shall not be permitted to transfer or assign their LUE's to any one other than a purchaser of their respective tracts or to another party to this contract. III. • As stated above, the estimated cost of the improvements including ten percent (10%) for engineering fees and ten percent (10%) for unforeseen contingencies is $1,285,205.00. In addition, 2 NUMBER OF LUE's 1.0 0.9 per unit 0.7 per unit the City shall be entitled to A fee of $10,000.00 for administering this contract, for a total estimated project cost of $1,295,2 IV. multiplying the Each Landowner agrees to pay his prorata share of the on execution of number cost, which reserved p shall be determined . U Landowner agrees to deposit w the City an number of LUE's reserved herein by prorate this contract total amount office is within the State of Texas in a form to be approved issued by a financial institution whose principal able letter of credit in the nt of his p roved by the office share, Attorney. cost accepted bid price or actual project each In the event the ac cep ten percent or less, Landowner the engineers' estimate by Landownn er agrees to pay his prorate share of the Che adjusted shall provide a substitute letter of credit in radt from amount within ten (10) days of receipt of a written req the City to do so. h In the event the actbal'' project cost is less than he engineers estimate, each Landowner shall be entitled to a p reduction in the LUE cost. V. The City agrees that all funds received by the City pursuant the City in a to the terms of this contract shall be held by b e spent for any purpose other d than for costs account and with the exception of the administrative fee, shall not and construction of the directly associated with the design improvements contemplated hereid t• It is ments conrs temp that in rt.he future other land and/or developers of other land oit en the Study Ar ea may a n tss to rli reserve e cappacity y in n or connect to the wastewater the City em As reservations or actual connections are made, er LUE to be served percent (10%) per s irate est Landowners the amount reimbursement pinnterest on said amount at the rate The $170.60 of per 10� e g r% p e amount r ro e cost.) amosur from date of this contract. m1 ustment based on the actual sal project is subject adjustment shall LUE fee shall be charged the subsequent w hichever first time l their subdiadion p lat is filed with the City or when an application is m made for wastewater service, Such as their respective contributions. occuurs. The reimbursement shall be made to Landowners on the same prorate basis u reimbursements shall be made on a semi — annual 10 of each calendar year. Pursuant to Chapter Rock, on 8, Sec. 6•R (10)( the obligation of the January 10 and July Code of Ordinances, City e City to reimburse costs shall absolutely terminate Y terminate five (5) years from date of this contract. VII. lacement of the Landowners understand that the actual p The wastewater line will result in some tracts being crossed by the line and some tran tracts having immediate access to the line. T actually crossed by the line agree tt placement, o landowners grant to the who Cit y a t no cost, reasonable easements for placement, consttrruuction, maintenance and repair of the line. Landowners also agree to grant to the City at no additional cost reasonably required easements for „ftheer "placem nt, construction, maintenance and repair of any provide wastewater service to outlying tracts. While every 3 attempt will be made to locate the required easements along property lines and other locations most convenient to Landowners, it is understood this is not always possible. It is agreed that the final determination of the best location for the easements will be made by the City in conjunction with Haynie & Kallman, Inc. VIII. It is understood and agreed by Landowners that at the present time the city does not have the actual major interceptor and treatment plant capacity to provide wastewater service for all future growth that is expected to occur in the City's wastewater service area in general, or the Study Area in particular. In anticipation of significant growth, the City has adopted a five year Capital Improvement Program which includes expansion of the collection system and treatment plant capacity, which is currently expected to be in operation sometime.in 1937. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary collection system and plant expansion might be delayed or even cancelled. Accordingly, while Landowners have reserved capacity in the wastewater line contemplated herein, no capacity in the existing or future treatment /plants is being reserved. Available capacity in the treatment/plant(s) will be allocated to users in the entire. service area on a "first come - first served" basis as wastewater service is actually needed. IX. This contract shall not be construed to exempt Landowners from the payment of any development, service, or permit fee otherwise required by ordinances of the City. x. 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. t ? jt" `'_ iY.w: K : :` ` . "ke4`r_ r: .♦"Y,F:: _ . - ,...: r i. 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 within subject matter. 4 ATTEST: JOANNE LAND, City Secretary 3. CITY OF ROUND ROCK By: MIKE ROBINSON, Mayor LANDOWNERS: 1. ra C. WELDON CHAFFIN 2. AUSTIN RACEWAY DEVELOPMENT COMPANY, .:JOINT V TURE B LOLA M. CHAFFIN CHARLES M. CHRISTENSEN, Trustee ROPER E / IN !'Pe 4. WILLIAMSON ProPERTI S, OfC TED (CORRIDOR By: / :/. 5. WILLIAMSON (CORRIDO By: &V\ • 4 - e )1 - . 7 �—j T.A. FAIREY EY 7 C.T. NELSON, J . 8. (SCARBOROUGH TRACT) By RATED 9 GREAT HILLS COMMERCIAL JOINT VENTUR By: G�� . e_ — 5 n lyfn1' SN. 10. � DOLP A SE SirROM BEDA STARK SELLSTROM 11. TOM FAIREY COMPANY By: om Fairey, /P esident 6 , . � r„y..c o w rif.`m �v''.'Y7 ADDENDUM TO AGREEMENT THIS ADDENDUM is made to the 15th day 1984, by attached, and is entered into this Y of August, and between the City of Round Rock, Texas ( "City ") and C. Weldon Chaffin and wife, Lola M. Chaffin, Austin Raceway Development Company, a Texas Joint Venture, Charles M. Christensen, Trustee, Williamson Properties, Incorporated, Tom E. Fairey and T.A. Fairey, C.T. Nelson, Jr., Great Hills Commercial Joint Venture, Rudolph A. Sellstrom and wife, Bede Stark Sellstrom, and Tom Fairey Company, ( "Landowners "). Rec'_ als WHEREAS, during the time the foregoing Agreement was being negotiated and drafted, certain individuals were negotiating the purchase of the "Scarborough Tract;" and WHEREAS, these individuals intended to participate in the financing of the design and construction of the wastewater line contemplated therein, and WHEREAS, the sale of the Scarborough tract did not take place, and the contract to purchase said property has been assigned to Steve Topletz, Trustee, and WHEREAS, the sale is not scheduled to close for several weeks, and WHEREAS, Steve Topletz, Trustee intends to participate in the construction of the wastewater line, but is unable to legally commit the required funds until such time as the tract is purchased, and WHEREAS, the City agrees to commit the necessary funds attributable to the Scarborough Tract in order to facilitate the construction of the wastewater line, NOW THEREFORE, IT IS AGREED THAT THIS ADDENDUM MODIFIES THE FOREGOING AGREEMENT AS FOLLOWS: The City agrees to commit sufficient funds to the project to make up that portion that had been attributed to the Scarborough Tract. In the event that Steve Topletz, Trustee, assignee, or other entity shall purchase the Scarborough Tract and shall desire wastewater service, the City shall be entitled to receive reimbursement from said purchasers and said purchase shall not be considered a "subsequent user" as referred to in paragraph VI of the foregoing agreement. In other words, any funds received from owners of the Scarborough Tract for capacity in the wastewater line shall go to reimburse the City and not to the "Landowners." CITY OF ROUND ROCK ATTEST: JOANNE LAND, City Secretary I. II. By: MIKE ROBINSON, Mayor c/oy • LANDOWNERS: �f/ 1. C/ , /14(���w� ( .li C. WELDON CHAFFIN LOLA M. CHAFFIN 2. AUSTIN RACEWAY DEVELOPMENT COMPANY,j00OINT ENTURE C.. In C ES M. CHRISTENSEN, Trustee By OPER ES, 4. WILLIAMSON P (CORRIDOR By: 5. WILLIAMSON (CORRIDO By: 6. / M E. FAIREY T.A. FAIREY C.T. NELSON, JR I 7 . 8. (SCARBOROUGH TRACT) OR RA ED By: 9. GREAT HILLS COMMERCIAL JOINT VENTU 2 By 10 /1 / ✓,��j��� Z/ U OLP A. SELLSTROM BEDA STARK SELLSTROM 11. TOM FAIREY COMPANY By: .4W ,4/1 'Tom airey, President STUDY AREA P.: • • )9. J ra.0 `. P.: r " 11 ' exhibit EXHIBIT 'B' Page 1 of 2 FIELD NOTES OF 232.541 ACRES FIELD NOTES describing a 232.541 acre tract or parcel of land out of the Asa Thomas Survey, Abstract No. 609, situated in Williamson County, Texas, being all of that certain tract conveyed to Margaret Scarbrough Wilson by deed recorded in Volume 584; Page 928 of the Deed Records by W m Williamson bo County. follows: Texas. and being more particularly BEGINNING at an iron pin found near a fence corner in the east right -of -way line of Interstate Highway No. 35. being the southwest corner of the remainder by of that Page conveyed to Reliance aid Deedaee rIe alc Co. Coy deed recorded in Deed Records, also being the northwest corner of said Wilson tract, for the northwest corner and POINT OF BEGINNING of the hereinafter described 232.541 acre tract; THENCE departing said east right -of -way line, as fenced, along the south line of said 78.742 acre tract, for a north line hereof, the following six courses: pin found for an angle point 1.) N69 °54'20'E. 529.40 feet to an iron pi hereof; in found for an angle point 2.) N69 °45'45'8. 108.76 feet to an iron _p hereof? 3.) N69 °48'E. 808.49 feet to an iron pin found for an angle point hereof? in found for an angle point 4.) N69 °41'15'8, I50.08 feet to an iron p hereof; 5.) N69 °38'30 "E, 247.93 feet to an iron pin found for an angle point hereof; 6.) N70 °12'I5'E, 913.28 feet to on iron pin found at a fence corner. being the southeast corner of said 78.742 acre tract, also being the southwest corner of Kensington Place, Section Three, as shown on a Plat of Reord in Cabinet Williamson c County. Texas, for E an angle s point 2 the Plat Records of hereof; THENCE continuing along the north line hereof, as fenced, along the south line of said Section Three. for a north line hereof. the following two (2) courses: pin found for an angle point 1.) 1170'06'10.E, 480.35 feet to an iron p hereof; 2.) N70 °23'45'E, 318.06 feet to an iron pin found at a fence corner, being the southeast corner of said Section Three, also being the southwst corner Record Cabinet oE ,WSlidesa363-364Softsaid Plata a l Records, foranangle point hereof; THENCE continuing along the north line hereof. as fenced, along the south line of said Section One, for aanorth line ineehereof. N70°27'30th u . so h feet e an iron pin southeast ast cornn said of said Section One, also being the southwest corner of M o re frecordedrtinn acre to Everett saidDeed R. Moore by Records, for an angle point hereof; THENCE continuing along the north line hereof. as fence. along the south line of said Moore tract, for a north line hereof, the following two (2) courses: 1.) N70 °18'43'E. 355.40 feet to an iron pin found for an angle point hereof; in found at a fence corner. 2.) N70 °10'30 °E, 550.17 feet to an iron p being the southeast corner of said Moore tract, for the northeast corner hereof; THENCE along the east line hereof. as fenced, the following six (6) courses: 1.) S21 °40'E. 100.52 feet to an iron pin found at a fence corner, for an angle point hereof; pin found for an angle point 2.) S19'44'30'8, 871.48 feet to an iron p hereof; • Date Page ? of 2 Field Notes of 232.541 Acres (Continued) 3.) S20 ° 00'45'E, 371.51 feet to an iron pin found for an angle point hereof; 4.) S19 ° 16'45'E, 184.59 feet to an iron pin found for an angle point hereof; 5.) S15 °44'20'E. 520.76 feet to an iron pin found for an angle point hereof; 6.) S14 ° 51'E. 165.89 feet to an iron pin found at a fence corner in the north right -of -way line of County Road No. 170, for the southeast corner hereof; THENCE along said north right - - way line, as fenced, for the south line hereof, the following ten (10) courses: 1.) S70'30'W. I87.95 feet to an iron pin found for an angle point hereof: 2.) S73 ° 48'W. 259.32 feet to an iron pin found for an angle point hereof; 3.) S75 ° 09'30'W, 844.40 feet to an iron pin found for an angle point hereof; 4.) 575 ° 41'W, 1039.56 feet to an iron pin found for an angle point hereof; 5.) S76 °28'W, 416.69 feet to an iron pin found for an angle point hereof: 6.) S76 °11'W, 613.31 feet to an iron pin found for an angle point hereof: 7.) S74 °43'W, 121.56 feet to an iron pin found for an angle point hereof; 8.) S76 ° 32'30'W , 647.97 feet to an iron pin found for an angle point hereof; 9.) S75 ° 56'W. 398.67 feet to an iron pin found for an angle point hereof; 10.)'576 °11'30'W, 472.01 feet to an iron pin found at a broken concrete highway monument in the east right -of -way line of said I.H. 35, for an angle point hereof; THENCE along said ease right -of -way line, as fenced, for the west Iine hereof. the following three (3) courses: 1.) .N73 °06'30 "W, 141.59 feet to a concrete highway monument found for an angle point hereof; 2,) N15 °22'45'W, 376.43 feet to an iron pin found for an angle point hereof: 3.) N15 ° l9'30'W. 1277.85 feet to the POINT OF BEGINNING of the herein described tract, containing 232.541 acres of land. I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the- ground survey conducted under my direction and supervision on the 31st day of Hay, 1984. All corners located are as described. HAYNIE & KALLHAN, INC. Time by E. Hayni.. Regis ered Public Surveyor No. 2380 RESOLUTION NO. (o 1 /7/P Texas WHEREAS, an area south of the City's corporate limits does not now have access to municipal wastewater treatment facilities, and WHEREAS, said area is in the City's proposed certificated area for wastewater service, and WHEREAS, the City of Round Rock has previously executed an agreement with several landowners of property located south of the City limits whereby a wastewater line will be constructed to provide service to that area; and WHEREAS, at the time the aforesaid agreement was executed, the owners of one certain tract of approximately 232.4 acres (the "Scarborough Tract ") were unwilling to join in said agreement; and WHEREAS, pending the closing of the Scarborough Tract, the City of Round Rock agreed to temporarily commit the necessary funds to allow the wastewater project to be bid; and WHEREAS, Boardwalk Joint Venture has recently completed the purchase of the abovementioned Scarborough Tract and is now prepared to commit the funds necessary to construct the wastewater line; and WHEREAS, Boardwalk Joint Venture wishes to accept and be bound by the applicable terms and obligations contained within the abovementioned agreement; and WHEREAS, Boardwalk Joint Venture agrees to deposit with the City of Round an irrevocable letter of credit in the amount of $309,442.00; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City, an agreement with Boardwalk Joint Venture for the construction of a wastewater main south of the City, a copy of such agreement being attached hereto and incorporated herein for a11'pirposes. ATTEST: RESOLVED this 25th day of October, 1984. MYKE' ORB NSON, Mayor City of Round Rock -2- AGREEMENT RELATING TO AN AGREEMENT DATED AUGUST 15, 1984, BETWEEN THE CITY OF ROUND ROCK AND SEVERAL LANDOWNERS OF PROPERTY LOCATED SOUTH OF THE CITY LIMITS THIS AGREEMENT is made and entered into this 2-5 day of 0C( , 1984, by and between the City of Round Rock, Texas ( "City ") and Boardwalk Joint Venture, a Texas Joint Venture ( "Boardwalk "). Recitals WHEREAS, the City has previously executed an agreement dated August 15, 1984, with several landowners of property located south of the city limits whereby a wastewater line will be constructed which will provide service to the area, a copy of such agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes, and WHEREAS, at the time the aforesaid agreement was executed, the owners of a tract containing approximately 232.40 acres known locally as the "Scarborough Tract" were unwilling to join in the agreement, and WHEREAS, pending the closing of the Scarborough Tract, the City agreed to temporarily commit the necessary funds to allow the project to be bid, and WHEREAS, Boardwalk has recently completed the purchase of the Scarborough Tract and is now prepared to commit the funds necessary to construct the wastewater line, Now Therefore, it Is Agreed That: I. Boardwalk owns 232.40 acres more particularly described in Exhibit "B" attached hereto and incorporated herein. II. Boardwalk agrees that the number of LUE's reserved for their property shall be 1,347.92. III. Boardwalk agrees to deposit with the City an irrevocable letter of credit in the amount of $309,442.00, issued by a financial institution whose principal office is within the State of Texas in a form to be approved by the City Attorney. IV. Boardwalk agrees to accept and be bound by all applicable terms and obligations contained within the agreement attached hereto as Exhibit "A ". City agrees that Boardwalk shall have the same general rights and benefits as the landowners who actually executed said agreement, including the reservation of capacity in said wastewater line as provided in said agreement. CITY OF ROUND ROCK ATTEST: LAND, City Secretary By: BOARDWALK JOINT VENTURE, a Texas Joint Venture MIKE ROB NSON, Mayor By: Steve Topletz Development Company, d /b /a Topletz Develop- ment company, Managing Ve*u- er By• U Steve Topletz, President STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT "A" ?CREEMENT Recitals • THIS AGREEMENT is made and entered into on this 15th day of August, 1984, by and between the City of Round Rock, Texas ( "City ") and C. Weldon Chaffin and wife, Lola M. Chaffin, Austin Raceway Development Company, a Texas Joint Venture, Charles M. Christensen, Trustee, Williamson Properties, Incorporated (Corridor I), Williamson Properties, Incorporated (Corridor II), Tom E. Fairey and T.A. Fairey, C.T. Nelson, Jr., (Scarborough Tract), Great Hills Commercial Joint Venture, and Rudolph A. Sellstrom and wife, Beda Stark Sellstrom, and Tom Fairey Company, ( "Landowners "). WHEREAS, Landowners own approximately 887.64 acres of land out of a total of 1,212.69 acres contained in an area generally south of the City's limits, said area being designated as the "Study Area" in Exhibit "A" attached hereto, and WHEREAS, the Study Area does not presently have access to any municipal wastewater service, and WHEREAS, a study performed by the engineering firm of Haynie & Kallman, Inc. has determined that in order for the Study Area to have access to City's wastewater system, certain improvements consisting of a major wastewater line must be constructed, and WHEREAS, Haynie & Kallman, Inc. estimate that. the cost of constructing said improvements is $1,285,205.00, and WHEREAS, the City does not have current funds available for the construction of said improvements, Now Therefore, It Is Agreed That: I. Landowners own the number of acres within the Study Area as indicated below: MORE PARTICULARLY DESCRIBED IN NAME NUMBER OF ACRES EXHIBIT 1. C. Weldon Chaffin and wife, Lola M. Chaffin 91.60 2. Austin Raceway Development Company, a Texas Joint Venture 164.00 3. Charles M. Christensen, Trustee 58.90 4. Williamson Properties, Incorporated (Corridor I) 110.00 5. Williamson Properties, Incorporated (Corridor II) 78.00 6. Tom E. Fairey and T.A. Fairey 15.00 7. C.T. Nelson, Jr. 100.80 8. (Scarborough Tract) 232.40 9. Great Hills Commercial Joint Venture 6.85 10. Rudolph A. Sellstrom and wife, Beda Stark Sellstrom 11. Tom Fairey Company TOTAL 20.09 10.00 887.64 " "C" "F" "H" "I" “ "K" "L" t�};i= A7;'i� i^'.- .,,.,r✓mt:r+'s¢•.Sw.�.nw r - . * {,• H a•N r ., _ w /.�• ,. _.,'+G. The capacity of the wastewater line to be constructed shall be measured in terms of Living Unit Equivalents (LUE's). A LUE is defined as that unit of development which produces the same peak wet weather flow as is produced by a detached single family dwelling unit. Landowners agree to reserve for their respective tracts of land the number of LUE's in the line as indicated below: NAME LUE's 1. C. Weldon Chaffin and wife, Lola M. Chaffin 600.00 2. Austin Raceway Development Company, a Texas Joint Venture 951.20 3. Charles M. Christensen, Trustee 515.00 4. Williamson Properties, Incorporated (Corridor I) 638.00 5. Williamson Properties, Incorporated (Corridor II) 560.00 6. Tom E. Fairey and T.A. Fairey 111.00 7. C.T. Nelson, Jr. 584.64 8. (Scarborough Tract) 1,347.92" 9. Great Hills Commercial Joint Venture 83.00 10. Rudolph A. Sellstrom and wife, Beda Stark Sellstrom 140.00 11. Tom Fairey Company 111.00 TOTAL 5,641.76 The number of LUE's for residential uses shall be determined as follows: TYPE OF BESTDENTIA UNTT Tri -plex, four -plex and multi - family 2 • NUMBER OF LUE's Single Family Detached 1.0 Duplex 0.9 per unit 0.7 per unit The number of LUE's for commercial and industrial use shall be determined in accordance with the following formula: Building Area X 6 X Land Area in Acres = LUE's Land Area Landowners shall be entitled to allocate their LUE's to their respective tracts as they deem advisable. The, rights of Landowners herein conferred shall be deemed to be transferred to any purchaser of their respective tracts, or portion thereof on a prorate basis. Landowners shall riot be permitted to transfer or assign their LUE's to any one other than a purchaser of their respective tracts or to another party to this contract. As stated above, the estimated cost of the improvements including ten percent (10 %) for engineering fees and ten percent (10%) for unforeseen contingencies is $1,285,205.00. In addition, • the City shall be entitled to a fee of $10,000.00 for for a total estimated project cost administering this contract, of $1,295, Iv. Tees to pay the Each Landowner agrees ay his prorata share of the Upon execution the project um er of cost, which reserved shall be determined P deposit with the City an number n LUE's Landowner agrees by t P prorate irrevocable contract, principal rorate is within the State of Texas in a share, issued le t letter cal institution )whose np of his ra o T ice share, id by approved by form to be app Attorney. st accepted bid price or actual project coch In the ev the aoestimate by ten percent or less, Landowner a9 the egint pay rorata share of the increase and shall Tee a s pay his p ubstitute fe of credit in the adjuste Land s rece amm provide a s nt within ten (10) days of receipt of a written request from the City to do so. In the event the actual•:project cost is less than raha engineers estimate, each Landowner shall be entitled to a p reduction in the LUE cost. V. The City agrees that all funds received by the City pursuant to the terms of this contract shall be held by the City in a separate account and with the exception of the administrative fee, shall not be spent for any purpose other than for costs directly associated with the design and construction of the improvements contemplated herein!. it is contemplated that in X.he future other landowners or connect to the wastewater improvements. As Area may seek to and /or developers of_ other land wit in the Study agrees to reserve capacity in the City g er LUE to be served reservations do actual the connections are .6 made, (10 served per reimburse Landowners the amount of $170.60 per contract. (The foregoing reimbursement plus interest on said amount at the rate of ten actual project amour from date of adjustment based on the reat users project the pl their subdivision is subject shall adj case.) The LUE fee shall plat charged filedhwithbthe City or when an apm adion p de for wastewater service, whichever first application is made contributions. downers on the same sa occurs. The reimbursement shall Landonrs m prorbua basis semi - annual basis on or about calendar year. Pursuant to Chapter of e er reimbursements shall be made on a City of Round 10 and July absolutely 8, Sec. 6.K.(10)(c), Code of Ordinances, Y d Rock, the obligation of the City to reimburse costs shall terminate five (5) years from date of this contract. VII. Landowners line w 1l rresult in that some the tracts crossed by the placement by the line having immediate access he the line. Thee who a l wnd some own tracts actually crossed by landowners grant to the City at no cost, reasonable easements for the placement, construction, maintenance and repair of the line. Landowners also agree to grant to the for ty the no additional cost reasonably required easements construction, maintenance and repair of any "feeder" lines to provide wastewater service to outlying tracts. While every attempc will be made to locate the required easements along property lines and other locations most convenient to Landowners, it is understood this is not always possible. It is agreed that the final determination of the best location for the easements will be made by the City in conjunction with Haynie & Kallman, Inc. VIII. It is understood and agreed by Landowners that at the present time the city does not have the actual major interceptor and treatment plant capacity to provide wastewater service for all future growth that is expected to occur in the City's wastewater service area in general, or the Study Area in particular. In anticipation of significant growth, the City has adopted a five year Capital Improvement Program which includes expansion of the collection system and treatment plant capacity, which is currently expected to be in operation sometime.in 1937. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary collection system and plant expansion might be delayed or even cancelled. Accordingly, while Landowners have reserved capacity in the wastewater line contemplated herein, no capacity in the existing or future treatment /plants is being reserved. Available capacity in the treatment/plant(s) will be allocated to users in the entire. service area on a "first come - first served" basis as wastewater service is actually needed. IX. This contract shall not be construed to exempt Landowners from the payment of any development, service, or permit fee otherwise required by ordinances of the City. X. 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 within subject matter. . 4 Tea ATTEST: JOANNE LAND, City Secretary 1. 3. By: CITY OF ROUND ROCK MIKE ROBINSON, Mayor LANDOWNERS: C. . WWWWELDON LOLA M. CHAFFIN 2. AUSTIN RACEWAY DEVELOPMENT COMPANY, .:JOINT V TURE i B CHARLES M. CHRISTENSEN, Trustee 4. WILLIAMSON P (CORRIDOR By: 5. IN a'PPRATED WILLIAMSON •ROPER E (CORRIDO• By: /777,4Z � TOM E. FA i/tEY t3 7 v1 . / � ' ) T.A. FAIREY 'o PERTI S, 01 rCO:'O: TED 7. c2/' —V / /i {g1e C.T. NELSON, J 8. (SCARBOROUGH TRACT) By: 9. GREAT HILLS COMMERCIAL JOINT VENTUR �L By: BEDA STARK SELLSTROM 11. TOM FAIREY COMPANY By: / om Fairey,/Ptesident 6 ef • u ^-4.",4. x . ' ne, « ;f r.�,e:'_, - 3r^xc:V.a�e 5•., ^n'!- .'"?�` .+.y.. - . r. ., n...- 4 ADDENDUM TO ACREEMENT THIS ADDENDUM is made to the Agreement to which it is attached, and is entered into this day of August, 1984, by and between the City of Round Rock, Texas ( "City ") and C. Weldon Chaffin and wife, Lola M. Chaffin, Austin Raceway Development Company, a Texas Joint Venture, Charles M. Christensen, Trustee, Williamson Properties, Incorporated, Tom E. Fairey and T.A. Fairey, C.T. Nelson, Jr., Great Hills Commercial Joint Venture, Rudolph A. Sellstrom and wife, Beda Stark Sellstrom, and Tom Fairey Company, ( "Landowners "). Recitals WHEREAS, during the time the foregoing Agreement was being negotiated and drafted, certain individuals were negotiating the purchase of the "Scarborough Tract;" and WHEREAS, these individuals intended to participate in the financing of the design and construction of the wastewater line contemplated therein, and WHEREAS, the sale of the Scarborough tract did not take place, and the contract to purchase said property has been assigned to Steve Topletz, Trustee, and WHEREAS, the sale is not scheduled, to close for several weeks, and WHEREAS, Steve Topletz, Trustee intends to participate in the construction of the wastewater line, but is unable to legally commit the required funds until such time as the tract is purchased, and WHEREAS, the City agrees to commit the necessary funds attributable to the Scarborough Tract in order to facilitate the construction of the wastewater line, NOW THEREFORE, IT IS AGREED THAT THIS ADDENDUM MODIFIES THE FOREGOING AGREEMENT AS FOLLOWS: The City agrees to commit sufficient funds to the project to make up that portion that had been attributed to the Scarborough Tract. ATTEST: JOANNE LAND, City Secretary I. II. In the event that Steve Topletz, Trustee, assignee, or other entity shall purchase the Scarborough Tract and shall desire wastewater service, the City shall be entitled to receive reimbursement from said purchasers and said purchase shall not be considered a "subsequent user" as referred to in paragraph VI of the foregoing agreement. In other words, any funds received from owners of the Scarborough Tract for capacity in the wastewater line shall go to reimburse the City and not to the "Landowners." CITY OF ROUND ROCK By: MIKE ROBINSON, Mayor n : n ••••-t••.,••,•• • LANDOWNERS: /J 1 . C. WELDON CHAFFIN 2. AUSTIN RACEWAY DEVELOPMENT COMPANY,4+'OINT ENTURE By ��6160/ C777-ES M. CHRISTENSEN, Trustee 4. WILLIAMSON P (CORRIDOR 5. WILLIAMSON (CORRIDO By: 6 A 0 � OM E. FAIREY 7. A C.T. NELSON, JR 8. (SCARBOROUGH TRACT) 9. LOLA M. CHAFFIN T.A. FAIREY By: GREAT HILLS COMMERCIAL JOINT VENT %, _e-c By 10. " A. SELLSTROM BEDA STARK SELLSTROM 11. TOM FAIREY COMPANY By: / 11i �P /X 'Tom airey, President :1 STUDY AREA • • / • exhibit EXHIBIT 'B' Page 1 of '2 • FIELD NOTES OF 232.541 ACRES FIELD NOTES describing a 232.541 acre tract or parcel of land out of the Asa Thomas Survey, Abstract No. 609, situated in Williamson County. Texas, being all of that certain tract con to M argar e t Scarbrough Wilson by deed recorded in Volume 584, Pag d Rec by metes sed Williamson follows: and being more particularly BEGINNING at an iron pin found near a fence corner in the east right - of - way line of Interstate Highway No. 35, being the southwest corner of the remainder of that conveyed to Reliance said eeiance Eleectric ic Co. b y deed recorded in Deed Recordsielso being the northwest corner of said Wilson tract, for the northwest corner and POINT OF BEGINNING of the hereinafter described 232.541 acre tract; THENCE departing said east right -of -way line, as fenced, along the south line of said 78.742 acre tract, for a north line hereof, the following six courses: pin found for an angle point 1.) N69 °54'30'5, 529.40 feet to an iron pi hereof; found for an angle point 2.) N69 °45'45'5, 108.76 feet to an iron p' hereof: 3.) N69 °48'E. 808.49 feet to an iron pin found for an angle point hereof; found for an angle point 4.) N69 °41'15'5, 150.08 feet to an iron pin found for an angle point 5.) N69 °38'30'5, 247.93 feet to en iron p' hereof: 6.) N70 °12'15'E, 913.28 feet to an iron pin found at a fence corner. being the southeast corner of said 78.742 acre tract, also being the southwest corner of Kensington Place, Section Three, as shown on a Plat of Record in Cabinet E, Slides 208-210roffthe Plat Records of Williamson County, Texas, for an angle point continuing along the north Iine hereof, as fenced, along the south Iine of said Section Three. for a north line hereof the following two (2) courses: 1.) N70 °06'I0'E, 480.35 feet to an iron pin found for an angle point gle p hereoft in found at a fence corner 2.) N70'23'45'E. 318.06 feet to an iron p being the southeast corner of said Section Three, also being the southwst corner Record Cabinet os, WSlidese363 -364 said O Plat a a l Records, foranangle point hereof; THENCE continuing along the north line hereof, as fenced, along the south Iine of said Section One, for a north line hereof, N70 °27'30'E. 550.33 feet to an iron pin found at a fence corner, being the southeast remainder of that certain 62 38 acre b tract t southwest corner conveyed to of the Everett R. Moore by deed recorded in Volume 816. Page 667 of said Deed Records. for an angle point hereof; THENCE continuing along the north Iine hereof, as fence. along the south line of said Moore tract, for a north line hereof, the following two (2) courses: pin found for an angle point l.) N70 °18'43'E, 355.40 feet to an iron p hereoft in found at a fence corner, 2.) N70 °10'30 °E, 550.17 feet to an iron p being the southeast corner of said Moore tract. for the northeast corner hereof; THENCE along the east line hereof, es fenced, the following six (6) courses: 1.) S21'40'E. 100.52 feet to an iron pin found at a fence corner, for an angle point hereof; pin found for an angle point 2.) S19 °44'30'E, 871.48 feet to an iron p hereof; Field Notes of 232.541 Acres (Continued) 3.) S20'00'45'E, 371.51 feet to an iron pin found for an angle point hereof: 4.) S19 ° 16'45 1 E, 184.59 feet to an iron pin found for an angle point hereof; 5.) S15 ° 64'20'E. 520.76 feet to an iron pin found for an angle point hereof: 6.) S14 ° 51'E. 165.89 feet to an iron pin found at a fence corner In the north right -of -way line of County Road No. 170, for the southeast corner hereof; THENCE along said north, right -of -way line, as fenced, for the south line hereof, the following ten (10) courses: 1.) S70'30'W, 187.95 feet to an iron pin found for an angle point hereof; 2.) S73 ° 48'W, 259.32 feet to an iron pin found for an angle point hereof: 3.) S75 °09'30 "W. 844.40 feet to an iron pin found for an angle point hereof; 4.) S75 ° 41'W, 1039.56 feet to an iron pin found for an angle point hereof; 5.) S76 ° 28'W, 416.69 feet to an iron pin found for an angle point hereof; 6.) S76 ° 11'W, 613.31 feet to an iron pin found for an angle point hereof; 7.) S74 °43'W, 121.56 feet to an iron pin found for an angle point hereof; 8.) S76 ° 32'30'W, 647.97 feet to an iron pin found for an angle point hereof: 9.) 575 ° 56'W, 398.67 feet to an iron pin found for an angle point hereof; 10.) S76 ° 11'30'W, 472.01 feet to an iron pin found at a broken concrete highway monument in the east right -of -way line of said I.N. 35, for an angle point hereof: THENCE along said east' right -of -way line, as fenced, for the west Iine hereof, the following three (3) courses: 1.) N73 ° 06'30'W, 141.59 feet to a concrete highway monument found for an angle point hereof; 2.) N15 ° 22'45'W, 376.43 feet to an iron pin found for an angle point hereof; 3.) N15'19'30'W, 1277.85 feet to the POINT OF BEGINNING of the herein described tract, containing 232.541 acres of land. I, Tioothy E. Haynie, a REGISTERED PUDLIC, SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the- ground survgy conducted under my direction and supervision on the 31st day of May, 1984. All corners Iocated are as described. 4; TIMOTHY E. HAYNIE .o; • 2380 At. a Date HAYNIE & KALLMAN, INC. ∎ma f, A. Timo hy,E. Hayni:, Regis ered Public Surveyor No. 2380 el Page " 2 "of zd;