R-85-773 - 10/10/1985WHEREAS, the City Council deems it necessary to protect the
public, health and safety by providing adequate roadways; and
WHEREAS, certain landowners in the Northeastern portion of the
City have petitioned the County Commissioners Court to create the
Northeast Round Rock Road District No. 1 to upgrade portions of
Sunrise Road and Chandler Road; and
WHEREAS, in the event that the Road District is unable to timely
complete the road, the Council desires fiscal assurance that funds
will be available for the construction of the roads; and
WHEREAS, a Contract has been prepared which, when executed by the
landowners, will provide the needed fiscal assurance; NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City contracts with the landowners, a copy of said
contract being attached hereto and incorporated herein for all
purposes.
RESOLVED this /9 day of O�r;6� ������60, 1985.
AT ST:
1 // /L. i SLL/
nne Land, City Secretary
RESOLUTION NO. 7
Mike Robinson,
Mayor
AGREEMENT REGARDING ROADWAY CONSTRUCTION
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF WILLIAMSON §
That this Agreement is made and entered into on this day of
, 19 , by and between the City of Round Rock
(hereinafter referred to as "City "), and
hereinafter referred to as "Owners ", for the purposes and
consideration hereinafter described:
WHEREAS, the Owners, their successors and assigns are owners of
a certain tract of land which is situated in the area known as The
Northeast Round Rock Road District No. 1 as and identified as Tract
No. on the attached Road District map marked Exhibit "A" and
made a part hereof for all purposes and incorporated by reference as
if fully set out herein, and
WHEREAS, the Owners at this time desire to obtain certain
approvals from the City to enable them to develop the said property,
and
WHEREAS, the City's roadway system in the subject area is not
adequate to sustain any additional development without substantial
roadway improvements linking major arterials and providing
sufficient lanes to accomodate the traffic which will be generated
by additional development, and
WHEREAS, the Williamson County Commissioner's Court has created
a County Road District pursuant to the laws of the State of Texas to
provide funding to construct such roadways, and
WHEREAS, the Owners and the City agree that it is in the best
interests of both parties to provide at this time for the
construction of an adequate roadway system as shown on the attached
Exhibit "A ",
NOW, THEREFORE, in consideration of the mutual promises,
covenants and agreements set forth herein, the sufficiency of which
1
consideration is hereby acknowledged by both parties, the City
and the Owners expressly agree and contract as follows:
The Owners agree that should the Road District described herein
fail to provide funds or cease to proceed in a reasonable and timely
manner which would support the expectation of its ability to provide
funds adequate for the construction of these roadways, the owner
shall, within 5 working days of notice in writing by the City, post
an irrevocable letter of credit in the amount of
($ ) in favor of the
City, which letter of credit may be drawn by the City should the
Road District ultimately fail to provide funding as required for
construction of the Roadways described herein.
MISCELLANEOUS
This Agreement shall be subject to all valid and applicable
rules, regulations, laws, agreements, and court judgments of or with
the United States of America, the State of Texas, or any
governmental body, agency or court having lawful jurisdiction
thereof, so long as such rules, regulations, and agreements do not
have the effect of voiding or negating the rights and obligations of
the parties hereunder.
This Agreement together with the Exhibit "A" attached hereto,
constitutes the entire agreement between the parties hereto and may
not be amended except by a writing signed by the parties and dated
subsequent to the date hereof and shall be binding upon the heirs,
administrators, successors and assigns of the parties.
This agreement is for the sole benefit of the parties hereto,
their successors and assigns.
The parties executing this Agreement represent that they have
full power and authority to execute this Agreement on behalf of the
party each person represents.
The effective date of this agreement shall be the date upon
which the same is executed by the City.
2
EXECUTED in duplicate originals this day of
1985.
Attest: CITY OF ROUND ROCK
By:
Joanne Lend, City Secretary Mike Robinson, Mayor
OWNER:
By:
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