R-85-770 - 9/24/1985RESOLUTION NO.
WHEREAS, the Meadows at Chandler Creek is a subdivision
located within the Meadows at Chandler Creek Municipal
Utility District, and
WHEREAS, the developer agreed to subject its project to
the City Stormwater Detention Ordinances, and
WHEREAS, City has developed a program of Regional
Stormwater Detention in lieu of on site detention in the
Chandler Creek basin, and
WHEREAS, Meadows desires to cooperate with City in a
REgional Stormwater Detention System in lieu of on site
detention within the project, and
WHEREAS, Meadows is agreeable to paying to the City its
prorata share of the said regional facilities, Now Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS
That the Mayor be and is hereby authorized to execute
on behalf of the City of Round Rock _a document entitled
"Agreement Concerning Regional Detention Facilities" with
the developer of the Meadows at Chandler Creek.
RESOLVED this the „ day of
ATTEST:
1
OAF 41.d.
J•`.NNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
, 1985.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
c- mccrdf '
' District; and
AGREEMENT CONCERNING REGIONAL DETENTION FACILITIES
WHEREAS, The Meadows at Chandler Creek Venture
( "Meadows "), is the developer of that project known as The
Meadows at Chandler Creek; and
WHEREAS, said subdivision is located within The Meadows
at Chandler Creek Municipal Utility District ( "District "), a
political subdivision created by order of the Texas Water
Commission on May 14, 1985; and
WHEREAS, the district is immediately adjacent to the
city limits of the City of Round Rock, Texas ( "City); and
WHEREAS, City consented to the creation of the
WHEREAS, in that consent agreement NPC agreed to
subject its development of the project to the City storm
water detention ordinances; and
WHEREAS, City has developed a program of regional storm
order detention in lieu of on site detention in the Chandler
Creek Basin, which program is more fully described below;
and
WHEREAS, City has requested that Meadows pay funds to
the City so that the City may provide regional storm water
detention facilities; and
WHEREAS, Meadows desires to cooperate with City in a
system of regional storm water detention in lieu of on site
detention within the project; and
WHEREAS, Meadows is agreeable to paying to the City its
prorata share of said regional facilities all as provided
below; and
WHEREAS, Meadows has previously posted a letter of
credit guaranteeing its obligation to pay for its prorata
share of said regional facilities for its project known as
The Meadows at Chandler Creek; and
WHEREAS, Meadows now desires to deposit cash funds in
an interest bearing account in lieu of said letter of
credit;
NOW THEREFORE, the parties hereto agree as follows:
1. All sections of The Meadows at Chandler Creek
commonly known as Phase I have provided on site detention
and therefore are not included in this agreement for
purposes of determining payment for regional detention
facilities. Further, no payments will be made for acreage
to be used as parkland or greenbelt in any section of the
project. Phase I includes the following sections of the
project: (a) Section One -A; (b) Section One -B; (c) Section
Four; (d) Section Six; (e) 4.2 acre Commercial Tract; (f)
13.0 Multifamily Tract; and (g) 1.7 acre Commercial Tract.
2. All other detention required for all remaining
sections of The Meadows at Chandler Creek will be provided
by the City through regional detention facilities. Such
facilities shall be as described on Exhibit "A" attached
hereto and incorporated herein by reference.
3. Meadows agrees to pay to the City the total sum of
$278,000.00 as payment for its prorata share of regional
detention facilities to service The Meadows at Chandler
Creek. Such amount is to be deposited immediately upon
execution of this agreement by the City into an interest
bearing account at a financial institution of City's choice
in Round Rock, Texas. Said account shall be in the name of
Meadows; however, City shall be entitled to draw on said
funds at the time construction plans are approved and signed
by the Director of Public Works of the City for each section
of the project. Under no conditions will City draw all
funds in a lump sum and will not be authorized to draw on
such funds except as described below.
4. The drawing of said funds shall be prorata based
upon the acreage in each section being approved and the land
uses of each such section. City shall be authorized to draw
said funds based upon the following schedule:
a. $800 per acre for single family and duplexes (any
density of zero to ten units per acre);
b. $1,600 per acre for multi - family and other high
density residential usages (above ten units
per acre);
c. $2,400 per acre for commercial, office and
industrial use.
5. These funds may be withdrawn only upon written
authorization by the City pursuant to the terms of this
agreement; however, all interest proceeds of such account
shall be the property of Meadows.
6. Funds deposited pursuant to this agreement shall
serve as full and complete compliance with the storm water
detention requirements of the City pursuant to the City
ordinance. Meadows shall not be required to make any
further payments or do any further act to comply with said
requirements and obtain approval of the plats within the
project; however, it is understood that the above figure of
$278,000.00 is based upon current land uses. If uses
change, the amount will be adjusted upward or downward and
additional funds will be deposited by Meadows if necessary.
Any excess funds upon final construction plan approval for
all sections will be released to Meadows.
7. City agrees that the depositing of these funds
shall extinguish any further obligation of Meadows to
provide detention for all sections of the project covered by
this agreement. City agrees to proceed diligently to
provide any required offsite detention necessary for each
section as payments are made. Further, City agrees to
indemnify and hold Meadows harmless from any claims or
causes of action that may arise, directly or indirectly,
because of City's failure to provide adequate detention
facilities pursuant to the payments made under this
agreement.
8. Upon exection of this agreement by both parties and
the depositing of the funds as described above, City agrees
to immediately return to Meadows its letter of credit
previously posted with the City to guaranteee Meadow's
obligation to participate in such regional detention
facilities. Such letter of credit shall be returned within
two business days after deposit of the funds described
above.
9. The regional detention facilities planned and
contemplated by this agreement have been initiated and
instituted by the City as means of providing better deten-
tion for the entire Chandler Creek Basin. At the request of
the City, Meadows has agreed to make payments for such
regional detention in lieu of providing on site detention.
City agrees that the detention facilities that are con-
structed on a regaional basis will provide detention for The
Meadows at Chandler Creek at least equal to that detention
that would normally be provided on site pursuant to City
ordinance. City further agrees that it will assume full
responsibility for providing adequate detention facilities
for this project upon the payment described in paragraph 3
above, and that such improvements will be made by City in a
timely fashion.
10. Construction plans for Sections Two and Three of
The Meadows of Chandler Creek have already been approved,
with the letter of credit described above acting as secruity
for Meadow's agreement to provide funds for regional deten-
tion. Upon execution of the agreement and the depositing of
funds, City shall be authorized to withdraw the appropriate
amount of funds to provide detention of Sections Two and
Three.
11. Pursuant to Section 311.45 (1) of the Rules of the
Texas Department of Water Resources, this agreement is
subject to approval by the Board of Directors of The Meadows
at Chandler Creek Municipal Utility District.
12. Any notices required of either Meadows or City
shall be given by Certified Mail, Return Receipt Requested,
addressed to the parties as stated below, which notices
shall be effective two business days following mailing:
The Meadows at Chandler Creek Venture
4412 Spicewood Springs Road
Building I -701
Austin, Texas 78759
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
13. 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.
14. Should any litigation be commenced between the
parties hereto concerning this agreement, the party pre-
vailing 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.
15. 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.
16. In case any one or more of the provisions con-
tained in this agreeement 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.
17. 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.
EXECUTED this Vp day of �p� , 1985.
ATTEST:
Land
J •. = nne
ty Secretary
EXECUTED this
BY
CITY OF ROUND ROCK
BY 1, t2 / / �'r✓I Ln�t..� - '
Mike Robinson
Mayor
day of , 1985.
MEADOWS AT CHANDLER CREEK
VENTURE
BY NASH PHILLIPS /COPUS, INC.,
MANAGING VENTURER
Bill Bulloch
Vice President/
Land Management