R-84-659 - 12/13/1984ATTEST:
RESOLUTION NO
WHEREAS, Gaston Development Company, (Gaston), is the
developer of that subdivision known as Greenslopes, Section 9,
and
WHEREAS, certain items required for acceptance of the
subdivision improvements remain unfinished or in need of repair,
and
WHEREAS, Gaston has submitted a written agreement which
provides that the improvements will be finished and repaired and
is secured by a cash deposit of $47,310.00, and
WHEREAS, the City Council wishes to enter into said
agreement with Gaston, 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 Gaston to finish and repair improvements, a copy
of such agreement being attached hereto and incorporated herein
for all purposes.
RESOLVED this / day of. , 19 Al
NNE LAND, City Secretary
059
MIKE ROBINSON, Mayor
City of Round Rock, Texas
2/X
AGREEMENT CONCERNING SUBDIVISION IMPROVEMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
Whereas, Gaston Development Company, ( "Gaston "), is the
developer of that subdivision known as Greenslopes, Section 9,
the plat of which is recorded in Cabinet F, Slides 115 - 116,
Plat Records of Williamson County, Texas; and
Whereas, said subdivision is located within the city
limits of the City of Round Rock ( "City "); and
Whereas, Gaston desires to obtain the approval of the City
of Round Rock of all improvements within said subdivision; and
Whereas, the City is agreeable to the acceptance of said
subdivision improvements upon the terms and conditions of this
agreement;
Whereas, the actions to be taken by Gaston in compliance
with this agreement, and the timing thereof, are at the request
of the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. The detention pond and drainage channel located
within this subdivision are complete and fully operational.
Gaston has hydromulched said pond and drainage channel with rye
grass. Gaston agrees to perform all required slope maintenance
until the ground cover is adequate and sufficient to prevent
erosion, all as required by applicable city ordinance. In the
spring of 1985, at the appropriate time as directed by the
City, Gaston agrees to remove the rye grass, and hydromulch the
pond with buffalo grass.
Gaston agrees to bear all costs of said action, which
costs are detailed below:
Rye Grass - 32G sq. yd. X 7,700 sq. yd. = $2,464.00
Buffalo Grass 45G sq. yd. X 5,600 sq. yd. = $2,520.00
Slope Maintenance (required) $5,000.00
Total $9,984.00
Gaston hereby guarantees its performance of such obliga-
tions by the deposit of cash in the above amount at First
National Bank, Round Rock, all as provided in paragraph 5
below.
Gaston agrees that all work described above and the
establishment of sufficient ground cover as required by City
ordinance will be completed by June 1, 1985. If not completed
by said date, City shall have the right to use the funds
described in paragraph 5 below to perform said work.
2. Gaston agrees to place an overlay of asphalt on the
existing street in said subdivision, and to perform raising of
utilities necessitated by said paving. Said action is needed
to make certain repairs because of damage sustained to the
street during the construction period. At the request of the
City, in order to allow construction to be completed prior to
these repairs being made, Gaston agrees to complete said street
repair prior to August 1, 1985. The cost of said repairs will
be as follows:
2/X
a. 1,528 sq. yd of asphalt X $1.85 sq. yd = $21,236
b. raising of manholes and castings
Total
= 1,000
= $22,326
Said funds have also been deposited as provided in paragraph 5
below.
3. In consideration of the execution of this agreement
by the City, Gaston agrees to construct a play court in Green -
slopes Park. Said play court shall include a 50' x 90' con-
crete court, a 10' chain link fence surrounding said court, two
basketball goals, and two lights with double heads.
The plans for such court shall be as designed by Haynie &
Kallman, and in accordance with their standard design for such
facilities, all as described in the attached Exhibit "A ".
Gaston agrees to complete said court and other improvements on
or before June 1, 1985. The cost of said court shall be
$15,000, and Gaston has deposited said funds all as provided in
paragraph 5 below.
4. Haynie & Kallman, Inc. has designed all of the
facilities described above, and their report of the costs and
current functional status of such facilities is attached hereto
and incorporated herein by reference as Exhibit "A ". The
estimated costs for these improvements contain a contingency
factor for unexpected cost increases of approximately 10%.
5. Gaston agrees the total of the funds described above,
being a total of $47,310.00, is to be deposited immediately
upon execution of this agreement by the City into an interest
bearing account at First National Bank in Round Rock. Said
account shall be in the name of Gaston; however, City shall be
entitled to draw on said funds at any time. City does agree,
however, that it will draw said funds only for the purpose of
completing the improvements described above. Completion of
such improvements shall be as described above to the reasonable
satisfaction of the City.
City agrees to give Gaston three days written notice prior
to withdrawing any of said funds in order to give Gaston the
opportunity to complete said project.
If all such improvements are not completed within the time
specified, City shall be authorized to withdraw such funds as
are necessary to complete the improvements in question. If all
such improvements are completed within the time specified and
in accordance with the terms of this agreement and attached
Exhibit "A ", City agrees to execute such documents as are
necessary to release the funds held in this account, plus
accrued interest, to Gaston.
If Gaston fails to complete any of said improvements
within the time specified, and City is forced to use said funds
to complete the improvements, City agrees that any funds
remaining after all improvements contemplated by this agreement
are completed, shall be paid to Gaston, and City agrees to so
instruct the bank at the appropriate time to return such excess
funds to Gaston. It is agreed that all the funds deposited
shall be available to complete any project not done by Gaston
within the time allocated; e.g., the City shall not be limited
to $15,000.00 if the play court is not completed by Gaston as
agreed, and the actual cost of such improvements exceed
$15,000.00.
6. Any notices required of either Gaston or City shall
be given by certified mail, return receipt requested, addressed
to the parties as stated below:
- 2 -
2/X
Gaston Development Company
c/o Nash Phillips /Copus, Inc.
4412 Spicewood Springs Rd.
Bldg. G -202
Austin, Texas 78731
City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
7. This contract shall be construed under and in accord-
ance with the laws of the State of Texas, and all obligations
of the parties created hereunder are performable in Williamson
County, Texas.
8. 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.
9. 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.
10. 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.
11. 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. �J
EXECUTED this I � r d ay of L e_»J-ft , 1984.
ATTEST:
IL/ / /L_'
ty Secretary
nne Land
CITY OF ROU
By
By:
Its
Mike Robinson
Mayor
EXECUTED this /5 day of /, ,vne.0 j , 1984.
GASTON DEVELOPMENT COMPANY
- 3 -
Haynie & Kaltman, Inc.
CON5(II LING FNGINLF RS
1106 South Mao* • Round Rock, Texas 78664 • (512) 255.7861, 255 -4564' 12212 Technology Blvd Suite H ■ Austin, texas 78727 • (512(250.8611
Ms. Marianne Niven
Nash Phillips /Copus
4412 Spicewood Springs Road
Bldg. G, Suite 202
Austin, Texas 78759
Dear Marianne:
Detention Pond
EXHIBIT "A"
December 6, 1984
Re: Greenslopes at Lake Creek,
Section Nine
Pursuant to your telephone request, we are providing the following
estimated costs for various items in the above referenced project.
We estimate the area of special seeding on the detention pond to
be 5600 square yards.
5600 S.Y. @ $.32 /S.Y. for Rye Grass = $1,792.00
5600 S.Y. @ $.45 /S.Y. for Buffalo Grass = 2,520.00
Slope Maintenance = 5,000.00
Total Detention Pond Costs = $9,312.00
It should be noted that while the pond sideslopes still require
minor shaping and seeding, the detention pond as it is constructed at
this point, is operational and is functioning as required.
Street Overlay
We would estimate the cost of a one inch overlay of the streets as
follows.
Greenlawn Blvd. - 9249.7 S.Y. @ $1.85 /S.Y. _ $17,111.95
Other Stub Streets - 2278.3 S.Y. @ $1.85/S.Y. = 4,214.85
Raising Castings = 1,000.00
Total Street Overlay Costs = $22,326.80
( 1\'ll 1 N;INI 1 RING • ( ONSU1 I AN 1 S • M1' NICIPAI 1 N(.IN1 I RIN(. • I AND PI ANNINC. • SURVI YIN;
t) Oftri.
DEC xD 4094.
Page 2
Ms. Marianne Niven
Nash Phillips /Copus
December 6, 1984
Sport Court
Estimated costs for a 50' x 90' sport court, complete with 10'
chain link fence, two basketball goals, and two double headed light
fixtures, would be approximately $15,000.
Total estimated cost of improvements:
AWW /cla
cc: File #114 -37
Detention Pond
Street Overlay
Sport Court
Total Estimated Cost
$ 9,312.00
22,326.80
15,000.00
$46,638.80
If you have any questions or comments, please advise.
Very truly yours,
HAYNIE & KALLMAN, INC.
A. William Waeltz,
Project Manager