R-85-744 - 7/25/1985JO
WHEREAS, a group of developers in Northeast Round Rock has joined
together to build a sewer line to serve the drainage basin, and
WHEREAS, the cost of these improvements is $916,792, 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 MMJ Develop-
ment Joint Venture, Meadow Lake Joint Venture, Continental Deversified
Investments, Inc., Northeast Round Rock Partners Limited and Margaret M. Nash,
John Harvey Nash III, and the John H. Nash Testamentary Tract, a copy of
said Agreement being attached hereto and incorporated herein for all purposes.
RESOLVED this 25th day of July, 1985.
ATTEST:
NE
AP
v■_tAL /�
LAND, City Secretary
RESOLUTION NO. lv-vR
MIKE ROBINSO , Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT REGARDING CONSTRUCTION OF THE
NORTHEAST ROUND ROCK SEWER SYSTEM
S
s
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WHEREAS, the existing wastewater facilities of the City
of Round Rock have not been extended to meet the needs of
various proposed developments and properties of the hereafter
named Participants; and
WHEREAS, each such Participant so hereafter named
respectively desires to (i) contribute to the cost of the
'sewer system serving the basin as shown on Exhibit "A"
(hereafter the sewer system shown on Exhibit "A" and referred
.
to as "Project ")j,,.(ii) become entitled to receive sewer taps'"
for the proposed development of its property in. accordance
with current City of Round Rock standards and policies;
(iii) have those capacities set forth opposite its name on
Exhibit "A" within the Project upon certain conditions;
(iv) receive proportionately refunds for line oversize as
applicable to the Participants; and (v) have guaranteed
'reserves and - capacity in future lines to be constructed by
other Participants as hereafter provided,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That this CONTRACT is made and entered into by and
among: (i) MMJ Development Joint Venture ( "MMJ "), developer
of The ?Settlement, Stoney Brook, Oakmont Centre and the
Bartz Tract, acting herein by and through Bill Milburn, its
Managing Venturer; (ii) Meadow Lake Joint Venture ( "Meadow
Lake "), developer of Meadow Lake, acting herein by and •
through James W. Spence, its Managing Venturer;
Continental Diversified Investments, Inc.,' a Texas
•
corporation, acting herein by and through its heretofore
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duly authorized president, Zack E. Williams, and Northeast
Round Rock Partners Limited, a Texas limited partnership
acting herein by and through its General Partner, Zack E.
Williams, jointly the developers of Vista Heights, and
herein jointly sometimes called "Vista "; (iv) Edward D.
Quick ( "Quick "); (v) Margaret M. Nash, John Harvey Nash,
III, and the John H. Nash Testamentary Trust for the Benefit
of William Lawrence Nash (collectively "Nash "); and (vi) City
of Round Rock ( "City "), a municipal corporation; acting --by
a ,— gack- Har-ske ; -
W I T N E S S E T H :
(1) Collectively MMJ, Meadow Lake, Vista, Quick and
Nash are hereafter called "Participants" and individually
each is a "Participant ".
(2) Each Participant agrees to be responsible and
obligated to other Participants for constructing and acting
as the Managing Participant for the portion of the Project
within its respective Development (as shown on Exhibit "A ")
and upon execution of this Contract by all of the Partici-
pants, shall in its name, but on behalf of itself and the
Participants:
(a) Engage the services of an Engineer to complete
the plans and specifications for its respective portion of
the Project;
(b) Obtain approval of the City of Round Rock of
such plans and specifications;
(c) Acquire and dedicate all necessary easements
for its portion of the Project;
(d) Solicit bids for the construction of its ,
portion of the Project;
i +.': '. ' s�; s:
yt, of #, (e) Enter into a contract for the installation •
and construction of its portion of the Project (performance
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and payment bonds are furnished for all construction
contracts);
(f) Supervise the completion of its portion of
Project for the benefit of all Participants; and
(g) Administer its contract in order to complete
construction of the Project in accordance with the respective
plans and specifications in a good and workmanlike manner in
accordance with industry standards or standards of the City,
whichever standards shall be the higher.
(3) Within ten (10) working days of the date of
notification of bid result, each Participant will deposit
with each Managing Participant the respective sums for each
as shown in the notification of bid, including each Partici-
pant's pro rata share of any sums attributed to City. The
notification of bid result will be submitted by each Managing
Participant and specified in the format of Exhibit "B" and
will indicate actual construction, engineering and other
costs to be shared by the Participants (other costs may
include necessary legal fees, etc., as approved by the
Participants under the terms of paragraph (5) below). Upon
receipt of all such funds, each Managing Participant will
open a separate trustee interest - bearing account and deposit
such funds so received therein. From such funds and the
interest thereon each Managing Participant shall pay all its
respective Project costs. In the event the amount so depos-
ited, plus accrued interest, exceeds the cost of the Project,
the balance shall be refunded by such Managing Participant
to the Participants in the same proration as each Partici-
pant's initial deposit was to the total deposit of all
Participants. In the event construction contracts have been
executed prior to execution of this Contract, then each
Participant will have fifteen (15) working days from the
date of this Contract to fund those portions of the Project.
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(4) Each Managing Participant, for its respective segment
of the Project, shall be responsible for: (i) the supervision
of the Project, (ii) completion in accordance with the plans and
specifications therefor as approved by City, and (iii) acceptance
for maintenance by City.
(5) In addition to the basic costs set forth in this
Contract, any other costs incurred by any Managing Participant
in connection with the construction of the Project ( "Additional
Costs ") shall be paid in the same proration as each Participant's
initial deposit was to the total deposit of all Participants;
provided, however: (i) no Participant shall have any liability
to any Managing Participant or any other party for Additional
Costs unless such Additional Costs are agreed to in advance in
writing by a majority of all Participants (not in numbers, but
in percentage of cost share as shown on Exhibit "B "); provided,
however, such advance approval shall not be required for change
orders equal to or less in amount than total interest accrued on
the account established pursuant to paragraph (3) above, and
(ii) such Additional Costs shall not exceed twenty -five percent
(25 %) of the original basic bid price submitted by the Managing
' Participant for the respective Project of such Managing Partici-
pant, unless unanimous approval is obtained from all affected
Participants. If after approval a Participant refuses to fund
its share of the Additional Cost, then it will be deemed in
default of this Contract.
. (6) ' The City hereby agrees:
(a) to review and approve plans and specifications
submitt2ed by each Managing Participant in a timely manner to
determine if such plans and specifications comply with City's
ordinances, rules, regulations, and policies;
(b) upon completion of the respective portions of
Project by each Managing Participant in accordance with the
plans and specifications, accept the same for operation and
maintenance; •
(c) to refund to each Participant the respective
Participant's amount of oversize refund due as shown on Exhibit
"B" at the time of the Project's Final Acceptance by City;
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(d) provided that the Participant requesting
sewer service is not in default under this Contract, to
issue to each nondefaulting Participant (upon payment of the
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customary sewer tap fee if required) such sewer taps as may
be required for elopment of that Participant's acreage
E ' r • j. tie
Land t e'total number 'ofs as listed and specified on
Exhibit "A ", for the privilege of tapping into and using the
wastewater facility being constructed under this Contract,
subject to payment of all utility service fees applicable at
the time of connection; r' c
(e) that'no additional expenditure will be _equired ■
of any party hereto for an improvement to the wa tewate.
of the City in connection with utilization of the +x°±
macu y any Participant for service to the respective ..i
Project areas shown and specified on Exhibit "A" attached
hereto; and
(f) ` ,.to guarantee and rgserve capacity /to each
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3
Y y
Participant .gas } oe= sbe the service areas r
shown and specified on Exhibit "A" according to the respective
capacities or acreage indicated on Exhibit
IIA It
•
in the Project. :�4y
(7) In the event that any Participant fails to pay its
pro rata portion of any Costs on or before the date due,
such amount shall bear interest from the due date until paid
at the prime rate of Texas Commerce Bank - Austin, Austin,
Texas, plus one percent (1 %).
(8) During construction of the Project, each respective
Managing Participant and its successors and assigns, shall
have the sole and absolute right to supervise and control
the day to day activities of the Project. Each Managing
Participant agrees to undertake and perform (subject ' the
weather and availability of adequate labor, machinery and
materials) all of its obligations under this Contract, and
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complete the Project in accordance with plans and
specifications approved by City. Each Managing Participant
shall make monthly reports to each Participant as construction
progresses and furnish each Participant with a copy of the
contractor's monthly draw request and the engineer's certifi-
cate of payment. All records pertaining to the Project
shall be made available to each Participant by each Managing
Participant if requested.
(9) In the event any Managing Participant shall fail
or refuse to comply with the terms and conditions of this
Contract, then a majority in interest (not in numbers but in
Percent Cost Share as shown on Exhibit "B ") of the Partici-
pants, after written notice to such defaulting Managing
Participant (specifying therein the alleged default and such
Managing Participant's failure to cure within ten (10) days
after receipt of such notice) may remove such Managing
Participant and may appoint one Participant as such new
Managing Participant. Any such new Managing Participant
shall have the right to take over all contracts and trustee
accounts in progress so as to finish such respective portion
of the Project remaining to be completed.
(10) In the event it is necessary for any Participant
to employ an attorney or attorneys to enforce the terms and
conditions of this Contract against any other party hereto,
the nonprevailing party in such action shall pay all costs
and expenses and reasonable attorney's fees incurred by the
prevailing party in connection therewith; provided, however,
that this liability shall not apply to City. In the event a
Participant is in default by having failed to comply with
the terms and conditions of this Contract, it will lose its,
right to utilize those portions of the Project in which it
is in default. Provided, however, any such penalty shall
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apply only after written notice of default (which shall
specify the nature and extent of default) to such Participant,
and such Participant after a reasonable period of time has
failed to cure such specified default.
(11) This Contract, together with the exhibits attached
hereto, which exhibits are incorporated herein and made a
part hereof for all purposes, constitutes the entire agreement
among the parties hereto, and may not be amended except by a
writing signed by all parties hereto, and shall be binding
upon the heirs, administrators, successors, and assigns of
the parties hereto; provided, however, no assignment of this
Contract shall be valid unless' approved by City prior to
such assignment and written notification of such assignment
is given to each Managing Participant.
(12) This Contract or any portion thereof, including,
without limitation, any of the reserved capacities or refunds,
may be assigned by a Participant to its successor in title
to the land to which the right relates, upon written notice
to the City and each Participant.
(13) Each person signing this Contract certifies by its
signature that the entity for whom it is signing owns the
land indicated as being owned by that entity in Exhibit "A ",
and that it has the full authority to sign the Contract on
behalf of that entity.
(14) All parties hereto further agree that Exhibit "A"
does not indicate any portion of the Project to be placed
upon property of Nash. Under Exhibit "A ", the Project's
wastewater line is to be installed only to the south boundary
line of existing Chandler Road. All parties hereto agree
that such wastewater line shall be extended across Chandler
Road in a northerly direction to the southerly boundary line
of Nash's property. Accordingly, MMJ hereby agrees to act
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as Managing Participant for such extension of the wastewater
line across Chandler Road without fee or charge to any party
hereto except that in addition to costs allocated to Nash
under Exhibit "B ", Nash will pay to MMJ the actual costs
incurred by MMJ in the installation of such wastewater line
across Chandler Road to Nash's southerly boundary line.
EXECUTED this day of , 1985.
MMJ DEVELOPMENT JOINT VENTURE
By:
Bill Milburn, Managing
Venturer
MEADOW LAKE JOINT VENTURE
By:
Managing Venturer
CONTINENTAL DIVERSIFIED
INVESTMENTS, INC.
By:
By:
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Zack E. Williams, President
NORTH EAST ROUND ROCK PARTNERS
LIMITED
Zack E. Williams, General
Partner
Edward D. Quick
Margaret M. Nash
1
John Harvey Nash, III
JOHN H. NASH TESTAMENTARY
TRUST FOR THE BENEFIT OF
WILLIAM LAWRENCE NASH
By:
Trustee
By:
Trustee
By:
Trustee
CITY OF ROUND ROCK
By:
City Manager
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EXHIBIT "B"
LENGTH 1 THE lEADOW VISTA [RUCK STONEY OAKMONT BARTZ NASH ROUND
LINE /SIZE 1 SETTLEMENT LAKE HEIGHT TRACT BROOK CENTRE TRACT TRACT ROCI(
_ C -D 1,150 I
27'4
D-E 1,050 1
24',I
1
E-F 2,100 I
15 °- 1
F-6 1,000 1
12"/1
1
6-41 2,200 I
10 °'
H-I 2, 200
_ -8'
1
J - K 3,000 I
15'
1,550 1
2' 15 1
'1= . 1,650
M N 1,350
(0" 12'
•
8-0 1,350
10' 1
NORTHEAST ROUND ROCK SEWER SYSTEM -
P'IMINARY COST PARTICIPATION BREAKDOWN (PRO -RATA PARTICIPATION BASIS, EXCEPT CITY)
CITY & DEVELOPER SERER SERVICE
(INCLUDES CONSTRUCTION RND ENGINEERING COSTS) -
A-B 810 1 $6,798 $3,440 $15,389 $3,621 $8,455 $679 14,934 $5,250 10 348,567
27'- I
I '
8-C 3,''0 1 $17,406 $17,591 $78,697 $18,517 $43,237 $3,472 $25,229 $26,850 $0 $231,000
27'
$0 $6,772 $30,295 17,128 $16,645 $1,337 $9,712 $10,336 - -$0
$0 $7,908 $21,983 $5,648 $21,102 30 10 $2,259 30 $58,9
10 $7,341 $8,051 111,840 $44,233 30 30 14,736 30 $76,200
$0 $0 14,194 $0 $23,040 $0 $0 $2,467 $0
30 50 $0 $0 150,313 $0 $0 15.387 $0
10 $0 10 $0 $37,887 $0 10 $8,113 $0
50 10 $43,333 $0 $0 $4,470 $32,485 128,611 10
8-1
TOTAL COST
.ERRSSB3
10 19,474 ; $0 $2,368 117,210 115,158 812,090 ; __ -1 - 156,300
13.063 822,254 , 819,600
- $0 ' $0 $0 50 10 18 117,589 115,491 $7,020 1 $40,100
50
$0 10
C(4
JUNE 14, 1985
$0 $0 $0 $8,674 $18,506 17,020
1
TOTAL
582,225
829,700
$55,700
$46,000
' 1108,900
134,200
$24,204 $43,051 $215,500 $46,754 $244,912 $15,389 1138,088 $162,763 (1 / 1 $916.792
Haynie & Kallman, Inc.
" a CONSULTING ENGINEERS
i l Austln,Tsxas
THE ?EMU VISTA QUICK STONEY OAKMONT BARTZ NASH ROUND
POINT 1 SETTLEMENT L88E HEIGHT TRACT BROOK CENTRE TRACT TRACT ROCK 1 TOTAL
8 LIE'S I 751 380 1,700 400 934 75 545 580 544 - 1 5,909
% I 12.71 6.43 28.77 6.77 15.81 1.27 9.22 9.82 9.21 1 100.00
B LUE'S I 376 380 1,700 400 934 75 545 580 544 1 5,534
% 1 6.79 6.87 30.72 7.23 16.88 1.36 9.85 10.48 9.83 -_ 1 100.00
C LIE'S 1 0 380 1,7 %.• 400 934 75 545 • 580 544 1 5,150
% 1 0 7.37 32.96 7.75 18.11 1.45 10.57 11.24 10.55 1 100.00
M
N
0
NEROES93
NORTHEAST ROM ROCK
SEWER SYSTEM L. U. E. BREAKDOWN
(CITY & DEVELOPER SEWER SERVICE)
JUNE 11, 1985
- 0 LUE'S 1 0 358 973 250 934 0 0 100 48 _ 1 -2,655 - -
% I 0 13.18 36.65 9.42 35.18 0 0 3.77 181 1 100.08
E LIE'S 1 0 155 170 258 934 0 0 100 48 1 1,657
% 1 0 9.35 10.26 15.09 56.37 0 0 6.04 2.90 1 1 1 .00
F LIE'S 1 0 8 170 0 934 0 0 100 48 1 1,252
% 1 0 0 13.58 0 74.60 0 0 7.99 3.83 1 100.09
6 LLE'S 1 0 0 0 0 934 0 0 100 48 1 1,082
% 1 0 0 0 0 86.32 0 0 9.24 4.44 1 100.00
I I
H LUE'S 1 0 0 0 0 467 0 0 100 48 1 615
% 1 0 0 0 0 75.93 0 0 16.26 7.80 1 100.00
I LUE' S I 0 0 0 100 48 1 148
% 1 0 0 0 0 0 0 0 67.57 32.43 i 100.
J LUE'S 1 0 8 727 0 0 75 545 480 496 1 2,323
% I 0 0 31.30 0 0 3.23 23.46 20.66 21.35 1 100.80 -
K LUE'S 1 0 0 300 0 0 75 545 480 496 1
% I 0 0 15.82 . 0 0 - 3.96 28.74 25.32 25.16 •„ 1 100.00
0 " _ _._ 0 100 - 0 0 75 • ., 545 '.' 480 ' 496 ". 1 1.696
0 , 0 5.90 0 0 4.42 "32.13 ' 28.30 29.25 "L1 100 "80
LIE'S I 0 9 0 0 A 8 545 480 496 - 1 1,521
% 1 0 0 0 0 A 0 35.83 31.56 32.61 1 100.89 -
2
LIE'S 1 0 0 0 0 0 225 480 496 1 1,201
% 1 0 0 0 0 0 0 18.73 39.97 41.30 1 100.00
1 I
LUE'S 10 8 0 0 0 0 0 480 248 1 728
% 1 0 0 0 0 0 0 0 65.93 34.07 1 100.00
Haynie & Kallman, Inc.
FITZ CONSULTING ENGINEERS
-1 Austin ,Texas
June 14, 1985
Bruce N. Sloan
Attachments
: ' Spence _
`Zack`William
Don Quick .fi
BISS /tcj "
' 0761J
The Bill Milburn Company_
Building New Homes the Old Way
'Jim Nuse, P.E.
'Director of Public Works
-,City of Round Rock
. 214 East Main
Round Rock, Texas 78664
RE: North East Round Rock Sewer System
Dear Jim:
Please find attached the final cost participation allocation,
'exhibits and draft contract for the referenced project. Included
within the allocation are tabulations which show Round Rock's
participation based on the city oversize policy (pages 1 & 2 item
"Round Rock Oversize "), cost participation without service areas
designated as "City of Round Rock" (pages 3 & 4), and cost
participation based on an LUE pro rata share for all participants
including the City of Round Rock (page 5).
The exhibits show the line sizes and slopes both with and without
City of Round Rock flow contributions. -
A prompt review of these documents would be appreciated. We
are currently under construction on the phases of the project which
extend through the Settlement and Meadow Lake. I would like to meet
with you on Wedndesday, June 19th to review and discuss any
quedtions you might have concerning the City's participation.
',Sincerely,
11911 Burnet Road /P.O. Box 9802 x"682 /Austin, Texas 78766/(512) 835 -HOME
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