R-85-776 - 10/10/1985WHEREAS, a group of developers in Northeast Round Rock have agreed to
certain drainage "improvements in that area; and
ATTEST:
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
Development Joint Venture, Meadow Lake Joint Venture, Continental Diversified
Investments, Inc., and North East Round Rock Partners Limited, a copy of
said Agreement being attached hereto and incorporated herein for all purposes.
RESOLVED this 10th day of October, 1985.
RESOLUTION NO. 7/6/€
6 /€
wypi
MIKE ROBINSON, Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
Agreement
THIS AGREEMENT is made and entered into on this 3rd day of
October, 1985, by and between the City of Round Rock, Texas
( "City ") and the MMJ Development Joint Venture ( "MMJ "), a Texas
joint venture, developer of The Settlement, Stoney Brook, and the
Bartz tract; Meadow Lake Joint Venture ( "Meadow Lake "), a Texas
joint venture, developer of Meadow Lake; and Continental
Diversified Investments, Inc., a Texas corporation and North East
Round Rock Partners Limited, ( "Vista Heights "), developers of
Vista Heights; ( "Landowners ").
Recitals
WHEREAS, Landowners own approximately 746.71 acres of land
out of a total of 1408 acres contained in an area generally in
and adjacent to north east Round Rock, said area being designated
as the "Study Area in Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have regional
detention facilities, and
WHEREAS, a study performed by the engineering firm of Haynie
& Kallman, Inc. has determined that in order for the Study Area
to have regional detention, certain improvements to SCS Reservoir
No. 14 must be constructed, and
WHEREAS, Haynie & Kallman, Inc. has produced plans entitled
"S.C.S. Lake No. 14 Site Grading Improvement" dated
1985, ( "Plans "), for the construction of certain
improvements in connection with S.C.S. Reservoir No. 14,
( "Improvements "), and '
WHEREAS, Haynie & Kallman, Inc. estimates that the cost of
constructing said Improvements is $1,500,000, and
WHEREAS, the City does not have current funds available for
the construction of said Improvements.
NOW, THEREFORE, it is agreed that:
I .
The Project will be funded as set forth in this Agreement.
The terms and symbols used in this Agreement shall have the
following meanings:
TC = Total cost of the Project including engineering
fees and 10% contingencies.
X = No. of acres of a particular tract that is in the
Study Area minus the no. of acres of that tract in
the Brushy Creek WCID easement.
Y = X x C
C = Runoff coefficient for a particular land use,
according to the table set forth below.
LO = Landowner.
NP = Person or entity owning land in Study Area other
than Landowner. ( "Non- Participants ")
X LO = X for a Landowner.
Y LO = Y for a Landowner.
X NP = X for a Non - Participant.
LO Contribution = Amount of TC paid by Landowners.
NP Contribution = Amount of TC paid by
Non - Participants.
Runoff coefficients (c) shall be determined as follows:
Zoning C
R - 6 R- 12 1
R - 20 1.25
I 1.625
C 1.75
Values of X and Y shall be determined as follows:
No. of Acres In No. of Acres In
Study Area Area By Brushy Creek
Project Zoning Classification WCID Easement X Y
MMJ- Settlement R - 6 & 12 59.11 30.90 28.21 28.21
R - 20
1
C
MMJ- Stoney Brook R - 6 & 12 133.22 0 133.22 133.22
R - 20 12.15 0 12.15 15.19
I
C
MMJ- Oakmont
Crossing
Meadow Lake
Vista Heights
Phases 1, 2 & 3
R - 6 & 12 27.91 0 27.91 27.91
R - 20 16.50 0 16.50 20.63
I
C 22.10 0 22.10 38.68
R - 6 & 12 141.37
R - 20
I
C
R - 6 & 12 116.85
R - 20 12.0
I
C
The costs shall be shared �as� follows:
LO Contribution = X O x TC
:EITSP
NP Contribution = X x TC
-2-
38.20 103.17 103.17
0
116.85 116.85
12.0 15.0
Vista Heights R - 6 & 12 165.54 0 165.54 165.54
Phases 4, 5, 6 & 7 R - 20
I
C 6.23 0 6.23 10.90
Vista Heights R - 6 & 12 33.73 0 33.73 33.73
Phases 8, 9 & 10 R - 20
1
C
Each Landowner shall pay its share of the LO
follows:
Y
Landowners' share of LO Contribution - �� —O �
Each Landowner shall pay its share 7i NP
follows:
Landowners share of NP Contribution =
Each Non - Participant shall pay a subsequent user fee as
follows:
Subsequent user fee = X x NP Contribution x 1.2
plus 10% interest compoun a NE annually
The estimated cost of the improvements including engineering
fees and ten percent (10%) for unforeseen contingencies is
$1,500,000.
Each Landowner agrees to
that the TC is $1,500,000.
Such calculations yield
Landowner:
Project
MMJ- Settlement
MMJ- Stoney Brook
MMJ- Oakmont Crossing
Meadow Lake
Vista Heights
Phases 1, 2 & 3
Phases 4, 5, 6 & 7
Phases 8, 9 & 10
II.
pay his share of the TC, assuming
the following amounts for each
Share of Project Cost
60,956.23
317,274.30
164,769.64
223,035.87
281,546.20
375,990.86
76,426.90
Total $1,500,000.00
Contribution as
LO contribution
Contribution as
x NP Contribution
Upon execution of this contract, each Landowner agrees to
deposit with the City an irrevocable letter of credit in the
total amount of his share, issued by a financial institution
whose principal office is within the State of Texas in a form to
be approved by the City Attorney.
In the event the accepted bid price or actual project cost
exceeds the engineer's estimate by ten percent or less, each
Landowner agrees to pay his share of the increase which shall be
determined by revising the Shares of Project Cost in the
foregoing table by using the actual TC rather than $1,500,000.
Each Landowner shall provide a substitute letter of credit
in the adjusted amount within ten (10) days of receipt of a
written request from the City to do so.
-3-
4
In the event the actual TC is less than the engineer's
estimate, each Landowner shall be entitled to a pro rata
reduction in cost which shall be determined by revising the
Shares of Project Cost in the foregoing by using the actual TC in
place of $1,500,000.
Upon execution of this Contract by each Landowner, and upon
receipt of the letters of credit required by this Paragraph III,
the City will proceed to promptly construct the Improvements.
The contract will be let in the name of the City and the
improvements will be constructed pursuant to the Plans.
The City will advertise for bids. If the bids cause the
total cost of the Project, including engineering fees, to exceed
$1,800,000, any Landowner may declare this contract to be null
and void. If the contract is declared to be null and void, the
City and the Landowners will work together towards a revised
contract to achieve regional detention in a manner satisfactory
to all parties.
IV.
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 shall not be spent for any purpose other
than for costs directly associated with the design and
construction of the improvements contemplated herein.
Within twenty (20) days of the execution of this contract by
the City, the City will reimburse certain Landowners for expenses
incurred by them in connection with the design of the
Improvements in the amounts shown below.
LANDOWNER AMOUNT OF REIMBURSEMENT
Meadow Lake $
V.
It is contemplated that in the future other landowners
and /or developers of other land within the Study Area will be
required to contribute to the cost of the Improvements in order
to satisfy the City's drainage detention requirements in
connection with platting and /or development of their land. Such
other landowners and /or developers will be charged a subsequent
user fee which shall be determined by the following formula:
Subsequent User Fee = x NP Contribution x 1.2
plus 10% interest compoun e nnually.
The subsequent user fee shall be subject to adjustment based
on the actual project costs. The foregoing subsequent user fee
shall be charged to such landowners and /or developers at the time
their subdivision plat is filed with the City or if no
subdivision plat is necessary, at the time application is made
for water or wastewater service, whichever first occurs. -These
subsequent charges shall be used solely to reimburse the
Landowners on the same pro rata basis as their respective
contributions. Such reimbursements shall be made on a
semi- annual basis on or about January 10 and July 10 of each
calendar year. After the Landowners have been reimbursed, the
City may use the subsequent user fees for any lawful purpose.
VI
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.
-4-
VII.
The City agrees that when all Landowners have signed this
agreement and provided their letters of credit, each of the
Landowners shall have fulfilled all of the City's requirements as
to drainage detention facilities with respect to their land in
the Study Area and no Landowner shall be required to provide any
other drainage detention facilities in connection with
development of the land that it owns within the Study Area.
When all the Landowners have signed this agreement
Landowner's land released from the Brushy Creek WCID easement
shall be platted in accordance with the then existing subdivision
ordinance requirements of the City. However, no drainage
detention facilities shall be required of such released land,
other than the completed Improvements.
VIII.
Joe Carothers, James W. Clark, II, and Louis W. DeWald,
owners of the North Lake tract, shall be entitled to become
parties to this agreement as Landowners with the same rights and
obligations as the other Landowners, by signing this agreement at
the places indicated on Page 6, at any time before the contract
for construction of the Improvements is signed by the City. In
that event their contribution, and the contributions of the other
Landowners, will be calculated on the basis that the North Lake
tract has 90 acres in the Study Area, zoned R -6 and /or R -12, with
no acres in the Brushy Creek WCID easement.
IX.
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.
ATTEST:
City Secretary
CITY OF ROUND ROCK
By:
-5-
Signed the
Carothers.
Signed the
Clark, II.
LANDOWNERS
MMJ DEVELOPMENT JOINT VENTURE
By:
Bill Milburn, Managing Venturer
MEADOW LAKE JOINT VENTURE
By:
By:
CONTINENTAL DIVERSIFIED
INVESTMENTS, INC.
By:
-6-
Managing Venturer
Zack E. Williams
NORTH EAST ROUND ROCK PARTNERS
LIMITED
Zack E. Williams,
General Partner
day of , 1985 by Joe
Joe Carothers
day of , 1985 by James W.
James W. Clark, II
Signed the day of , 1985 by Louis W.
DeWald.
Louis W. DeWald
r
N...-r--r.2.Tez. •
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
Agreement
THIS AGREEMENT is made and entered into on this 8th day of
November, 1985, by and between the City of Round Rock, Texas
( "City ") and the MMJ Development Joint Venture ( "MMJ "), a Texas
joint venture, developer of The Settlement, Stoney Brook, and
Oakmont Crossing; Meadow Lake Joint Venture ( "Meadow Lake "), a
Texas joint venture, developer of Meadow Lake; and Continental
Diversified Investments, Inc., a Texas corporation and North East
Round Rock Partners Limited, ( "Vista Heights "), developers of
Vista Heights; ( "Landowners ").
Recitals
WHEREAS, Landowners own approximately 745.71 acres of land
out of a total of 1408 acres contained in an area generally in
and adjacent to north east Round Rock, said area being designated
as the "Study Area" in Exhibit "A" attached hereto; and
WHEREAS, the Study Area does not presently have regional
detention facilities; and
WHEREAS, a study performed by the engineering firm of Haynie
& Kallman, Inc. has determined that in order for the Study Area
to have regional detention, certain improvements to SCS Reservoir
No. 14 must be constructed; and
WHEREAS, Haynie & Kallman, Inc. has produced plans entitled
"S.C.S. Lake No. 14 Site Grading Improvement" dated October 23,
1985, ( "Plans "), for the construction of certain improvements in
connection with S.C.S. Reservoir No. 14, ( "Improvements "); and
WHEREAS, the Landowners are willing to pay for the cost of
the Improvements provided the total cost does not exceed
$1;016,415:00; and
WHEREAS, the City does not have current funds available for
the construction of said Improvements.
, NOW, THEREFORE, it is agreed that:
I.
The Improvements will be funded as set forth in this
Agreement. , The Landowners will contribute to the cost of the
Improvements as shown in the following table.
No. of Acres
No. of Acres In to be
No. of Acres In Brushy Creek Multiplied Landowners
Project Study Area Area WCID Easement by $1,500 Contribution
MMJ- Settlement 59.11 30.90 28.21 $ 42,315.00
MMJ- Stoney Brook 145.37 0 145.37 - 218,055.00
MMJ- Oakmont 65.51 0 65.51 99,765.00
Crossing
Meadow Lake 141.37 38.20 103.17 154,755.00
Vista Heights 128.85 0 128.85 193,275.00
Phases 1, 2 & 3
Vista Heights
Phases 4, 5, 6 & 7
171.77 0 171.77 257,655.00
Vista Heights 33.73 0 33.73 50,595.00
Phases 8, 9 & 10
Total 745.71 69.10
II.
Each Landowner agrees to pay its share of the cost of the
Improvements, provided that the cost is $1,016,415.00 or less.
Upon execution of this contract, and after receipt of bids
by the City, each Landowner agrees to deposit with the City an
irrevocable letter of credit in the total amount of its share,
issued by a financial institution whose principal office is
within the State of Texas in a form to be approved by the City
Attorney.
In the event the actual bid price and engineering fee is
less than $1,016,415.00 each Landowner shall be entitled to a pro
rata reduction in cost.
Upon execution of this Agreement by each Landowner, and upon
receipt of the letters of credit required by this Paragraph II,
the City will proceed to promptly construct the Improvements.
The contract will be let in the name of the City and the
improvements will be constructed pursuant to the Plans.
The City will advertise for bids. If the bids cause the
total cost of the Improvements, including engineering fees, to
exceed $1,016,415.00, any Landowner may declare this contract to
be null and void. If the contract is declared to be null and
void, the City and the Landowners will work together toward a
revised contract to achieve regional detention in a manner
satisfactory to all parties.
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 shall not be spent for any purpose other
than for costs directly associated with the design and
construction of the improvements contemplated herein.
Within ten (10) days of the execution of the construction
contract by the City, the City will reimburse certain Landowners
for expenses incurred by them in connection with the design of
the Improvements in the amounts shown below.
LANDOWNER AMOUNT OF REIMBURSEMENT
Meadow Lake $30,000.00
The City will pay Haynie & Kaliman, Inc. for the balance of
the engineering fees calculated pursuant to TSPE Curve B "(which
provides for revisions to be done on an hourly basis).
IV.
It is contemplated that in the future other landowners
and /or developers of other land within the Study Area
(Non - participants) will be required to contribute to the cost of
the Improvements in order to satisfy the City's drainage
detention requirements in connection with platting and /or
development of their land. Such other landowners and /or
developers will be charged a subsequent user fee which shall be
determined by the following formula:
-2-
676.61 $1,016,415.00
Subsequent User Fee
Non - participants acreage in Study Area
x
Total Project Cost
1408
x
1.2
10% interest compounded annually.
The foregoing subsequent user fee shall be charged to such
landowners and /or developers at the time their subdivision plat
is filed with the City or if no subdivision plat is necessary, at
the time application is made for water or wastewater service,
whichever first occurs. These subsequent charges shall be used
solely to reimburse the Landowners on the same pro rata basis as
their respective contributions. Such reimbursements shall be
made on a semi - annual basis on or about January 10 and July 10 of
each calendar year. After the Landowners have been reimbursed,
the City may use the subsequent user fees for any lawful purpose.
The Participants will be fully reimbursed for any amount
they have contributed over their actual contribution.
The actual contribution should be calculated as follows:
Participants Actual contribution = Participants acreage in Study
Area less acreage in WCID
easement
VI.
x
Total Cost of Project
1408
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.
VII.
The City agrees that when all Landowners have signed this
agreement and provided their letters of credit, each of the
Landowners shall have fulfilled all of the City's requirements as
to drainage detention facilities with respect to their land in
the Study Area and no Landowner shall be required to provide any
other drainage detention facilities in connection with
development of the land that it owns within the Study Area.
Provided, however, that the regional detention project is
completed with sufficient capacity to meet the detention
requirements of the Participants property within the Study Area.
When all the Landowners have signed this agreement
Landowner's land released from the Brushy Creek WCID easement
shall be platted in accordance with the then existing subdivision
ordinance requirements of the City. However, no drainage
detention facilities shall be required of such released land,
other than the completed Improvements.
VIII.
Joe Carothers, James W. Clark, II, and Louis W. DeWald,
owners of the North Lake tract, shall be entitled to become
parties to this agreement as Landowners with the same rights and
obligations as the other Landowners, by signing this agreement at
the places indicated on Page 6, at any time before the contract
for construction of the Improvements is signed by the City. In
that event their contribution, and the contributions of the other
-3-
Landowners, will be calculated on the basis that the North Lake
tract has 90 acres in the Study Area with no acres in the Brushy
Creek WCID easement.
IX.
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.
EST:
C j y Secretary
CITY OF ROUND ROCK
By:
LANDOWNERS
MMJ DEV OPMENT JOINT VENTURE
Bv:
MEADOW LAKE JOINT VENTURE
By:
1 Milburn, Managing Venturer
CONTINENTAL DIVERSIFIED
INVESTMENTS, INC.
By: ) - !y
-4-
ack E. Williams
Signed the
Carothers.'
•
NORTH EAST ROUND ROCK PARTNERS
LIMITED
By : £
ck E. Williams,
eneral Partner
day of , 1985 by Joe
Joe Carothers
' Signed the day of , 1985 by James W.
Clark, II.
James W. Clark, II
Signed the day of , 1985 by Louis W.
DeWald.
Louis W. DeWald
-5-
November 7, 1985
Mr. Don Wolf
City Attorney
City of Round Rock
214 East Main Street
Round Rock, TX 78664
BNS:rms
1101f
Please find attached six (6) copies of the referenced agreement. All
participants have signed each copy. The Mayor should sign the agreement on
behalf of the City of Round Rock and a fully executed contract should be
returned to each participant.
Also attached are two (2) invoices for work perofrmed by the engineer. These
invoices and the $30,000.00 owed to Jim Spence, should be paid by the City of
Round Rock with the Letters of Credit posted by the participants.
The City is not expected to make any payments until all Letters of Credit due
have been issued.
Please call me if you have any questions. The bidding process is on schedule
and bids will be opened on December 15, 1985.
Sincerely,
4,127
Bruce N. Sloan
Land Development
cc Mayor Robinson
Zack Williams
Jim Spence
David Gray
Jim Nuse
RECEIVED NOV 0 7 1385
The Bill Milburn Comp
Building New Homes the Old Way
Round Rock Regional Detention
11911 Burnet Road /P.O. Box 9802 *682 /Austin, Texas 78766/(512) 835 -HOME
Haynie &Bollmmn Inc.
CONSULTING ENGINEERS
JIM SPENCE
9300 JOLLYVILLE RD *200
AUSTIN, TX 78759
ESTIMATED CONSTRUCTION COST
ENGINEERING FEE raps CURVE o (5,9z)
DESIGN FEE (85z)
LESS PAYMENT RECEIVED
TOTAL AMOUNT DUE THIS INVOICE
THANK YOU
ARnts
880564
NOVEMBER 6, 1985
INVOICE *9320.01
CLIENT *880
JOB *56*,26.27,28 x 29
(PARTIAL)
REGIONAL DETENTION FOR SCS LAKE *14 - DESIGN SURVEYS OFFICE DESIGN
APPROVALS a CONSTRUCTION ADMINISTRATION
S1,500,000,00
88,500.00
REC.
*75,225.00
(30.
*45,225.00
PLEASE REFERENCE INVOICE 09320,01 ON YOUR c*scx, PAYMENT DUE UPON
RECEIPT.
2115 North Mays • "~ndx~^ Texas 78664 • (512) 255-7861
CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLM')NING • SURVEYING
JIM SPENCE
9300 JOLLYVILLE RD. *200
AUSTIN, TEXAS 78759
REGISTERED ENGINEER
ENGINEER IN TRAINING
DESIGN TECHNICIAN
TOTAL AMOUNT DUE THIS INVOICE
THANK YOU.
ART/ts
880564.27
HaynieKallman&Gray,Inc.
Consulting Engineers
NOVEMBER 6, 1985
INVOICE *1270.01 -
CLIENT *880
JOB *564.27
(PARTIAL)
REGIONAL DETENTION FOR SCS LAKE *14 — HOURLY CHARGES FOR REDESIGN
REQUESTED BY AFFECTED PROPERTY OWNERS
22.50 HRS @ $70.00
122.25 HRS @ $38.00
38.75 HRS 8 $33.00
$ 1,575.00
4,645.50
1.078.75
$ 7,499.25
PLEASE REFERENCE INVOICE *1270.01 ON YOUR CHECK. PAYMENT DUE UPON
RECEIPT.
REVISED INVOICE
12212 Technology Blvd., Suite 1-1 Austin,Texas 78727 (512) 250-8611
Civil Engineering Consultants Municipal Engineenng Land Planning Surveying
rN)
AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS X
X
COUNTY OF WILLIAMSON X
"GRANT OF EASEMENT
1. That the A. 'N, AVERY ESTATE, a Texas general
partnership, (hereinafter called "Grantor "), for the sum of
$1.00 and other valuable considerations paid by the City of
Round Rock, (hereinafter called "Grantee "), does hereby GRANT,
SELL AND CONVEY unto Grantee an easement and right -of -way upon
and across the following described property of the Grantor:
That portion of the certain tract of land
owned by Grantor in the Thos. Toby Survey,
Abstract 4A -624, Williamson County, Texas
which is currently subject to a flood control
easement in favor of Brushy Creek W.C.I.D. of
Williamson and Milam Counties.
CHARACTER OF EASEMENT
2. The easement granted herein is an easement in gross.
PURPOSE OF EASEMENT
3. The right -of -way, easement, rights and privileges
herein granted shall be used only for the purpose of installing
and constructing those certain improvements ( "Improvements ")
described in certain plans and specifications prepared by
Haynie, Kallman and Gray, Inc., Engineers, entitled "SCS No. 14
Regional ,Detention Improvements" dated October 23, 1985
( "Plans ").
DURATION OF EASEMENT
4. The easement, rights, and privileges herein granted
shall continue until construction of the Improvements are
completed. Grantor hereby binds himself, his heirs, and legal
representatives, to WARRANT AND FOREVER DEFEND the above -
described easement and rights unto Grantee, its successors, and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
EXCLUSIVENESS OF EASEMENT
5. The easement, rights, and privileges granted herein are
non - exclusive, and Grantor reserves and retains the right to
convey similar rights and easements to such other persons as
Grantor may deem proper.
SECONDARY EASEMENTS
6. In addition to the easement, rights, and privileges
herein conveyed, Grantee shall have the right to use so much of
1
the surface of the hereinbefore- described Rroperty of Grantor as
may be reasonably necessary to construct and install the
Improvements. Upon the completion of such construction, Grantee
shall replace and restore all fences, walls, or other structures
which may have been relocated or removed during the construction
period.
LIMITATIONS
7. It is expressly agreed and understood• that the
easement, rights, and privileges herein conveyed to Grantee are .
limited to the construction of the Improvements.
TERMINATION
8. The easement, rights, and privileges granted hereunder
shall terminate when, or at such time, as the purposes hereof
cease to exist, are abandoned by Grantee, or become impossible
of performance.
RIGHTS RESERVED
9. Grantor also retains, reserves, and shall continue to
enjoy the use of the surface of such property for any and all
purposes which do not interfere with and prevent the use by.
Grantee of the within easement.
ENTIRE AGREEMENT
10. This instrument contains the entire agreement between •
the parties relating to the rights herein granted and the
obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force
and effect excepting a subsequent modification in writing,
signed by the party to be charged.
ATTORNEY'S FEES
11. In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof, the
prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorney's fees, and costs.
NOT ASSIGNABLE
12. This easement shall not be assignable by the Grantee,
except to Brushy Creek W.C.I.D. of Williamson and Milam
Counties.
IN WITNESS WHEREOF, this instrument is executed this o23tJ
day of h- , 1985.
GRANTOR:
A.'N. AVERY ESTATE,
a Texas general partnership
By:
-
C.. Avery, Jr.
Managing Genera artner
Attest:
cretary
THE STATE OF TEXAS X
X
COUNTY OF TRAVIS X
This instrument was acknowledged before me on this the 23rd
day of October , 1985 by C.N. Avery, Jr. on behalf of
,the +A.,, N. 'Avery Estate.
THE STATE OF TEXAS X
X
COUNTY OF TRAVIS X
This instrument was acknowledged before me on this the -9-3
day of OL'ro43tVa. , 1985 by Mike Robinson, Mayor of the
City of Round Rock, on behalf of said City.
c)t;\,2/
•
GRANTEE:
THE CITY OF ROUND ROCK
By: 2 4/L
Mike Robinson, Mayor
Notaky Public n and for the
State of Texas
Rosalynn Koepsell
Typed or Printed Name of Notary
My Commission Expires: Nov 30, 1988
e L 0
Notary Public in and o the
State of Texas
TDC C 'c( a1 a \4uj
Typed or Printed Name f Notary
My Commission Expires: S
-3-
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
Agreement
THIS AGREEMENT is made and entered into on this 8th day of
November, 1985, by and between the City of Round Rock, Texas
( "City ") and the MMJ Development Joint Venture ( "MMJ "), a Texas
joint venture, developer of The Settlement, Stoney Brook, and
Oakmont Crossing; Meadow Lake Joint Venture ( "Meadow Lake "), a
Texas joint venture, developer of Meadow Lake; and Continental
Diversified Investments, Inc., a Texas corporation and North East
Round Rock Partners Limited, ( "Vista Heights "), developers of
Vista Heights; ( "Landowners ").
Recitals
WHEREAS, Landowners own approximately 745.71 acres of land
out of a total of 1408 acres contained in an area generally in
and adjacent to north east Round Rock, said area being designated
as the "Study Area" in Exhibit "A" attached hereto; and
WHEREAS, the Study Area does not presently have regional
detention facilities; and
WHEREAS, a study performed by the engineering firm of Haynie
& Kallman, Inc. has determined that in order for the Study Area
to have regional detention, certain improvements to SCS Reservoir
No. 14 must be constructed; and
WHEREAS, Haynie & Kallman, Inc. has produced plans entitled
"S.C.S. Lake No. 14 Site Grading Improvement" dated October 23,
1985, ( "Plans "), for the construction of certain improvements in
connection with S.C.S. Reservoir No. 14, ( "Improvements "); and
WHEREAS, the Landowners are willing to pay for the cost of
the Improvements provided the total cost does not exceed
$1,016,415.00; and
WHEREAS, the City does not have current funds available for
the construction of said Improvements.
NOW, THEREFORE, it is agreed that:
I.
The Improvements will be funded as set forth in this
Agreement. The Landowners will contribute to the cost of the
Improvements as shown in the following table.
No. of Acres
No. of Acres In to be
No. of Acres In Brushy Creek Multiplied Landowners
Project Study Area Area WCID Easement by $1,500 Contribution
MMJ- Settlement 59.11 30.90 28.21 $ 42,315.00
MMJ Stoney Brook 145.37 0 145.37 218,055.00
MMJ- Oakmont 65.51 0 65.51 99,765.00
Crossing
Meadow Lake 141.37 38.20 103.17 154,755.00
Vista Heights 128.85 0 128.85 193,275.00
Phases 1, 2 & 3
Vista Heights 171.77 0 171.77 257,655.00
Phases 4, 5, 6 & 7
Vista Heights 33.73 0 33.73 50,595.00
Phases 8, 9 & 10
Total 745.71 69.10
ii.
Each Landowner agrees to pay its share of the cost of the
Improvements, provided that the cost is $1,016,415.00 or less.
LANDOWNER AMOUNT OF REIMBURSEMENT
Meadow Lake $30,000.00
IV.
-2-
676.61 $1,016,415.00
Upon execution of this contract, and after receipt of bids
by the City, each Landowner agrees to deposit with the City an
irrevocable letter of credit in the total amount of its share,
issued by a financial institution whose principal office is
within the State of Texas in a form to be approved by the City
Attorney.
In the event the actual bid price and engineering fee is
less than $1,016,415.00 each Landowner shall be entitled to a pro
rata reduction in cost.
Upon execution of this Agreement by each Landowner, and upon
receipt of the letters of credit required by this Paragraph II,
the City will proceed to promptly construct the Improvements.
The contract will be let in the name of the City and the
improvements will be constructed pursuant to the Plans.
The City will advertise for bids. If the bids cause the
total cost of the Improvements, including engineering fees, to
exceed $1,016,415.00, any Landowner may declare this contract to
be null and void. If the contract is declared to be null and
void, the City and the Landowners will work together toward a
revised contract to achieve regional detention in a manner
satisfactory to all parties.
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 shall not be spent for any purpose other
than for costs directly associated with the design and
construction of the improvements contemplated herein.
Within ten (10) days of.the execution of the construction
contract by the City, the City will reimburse certain Landowners
for expenses incurred by them in connection with the design of
the improvements in the amounts shown below.
The City will pay Haynie & Kallman, Inc. for the balance of
the engineering fees calculated pursuant to TSPE Curve B (which
provides for revisions to be done on an hourly basis).
It is contemplated that in the future other landowners
and /or developers of other land within the Study Area
(Non - participants) will be required to contribute to the cost of
the Improvements in order to satisfy the City's drainage
detention requirements in connection with platting and /or
development of their land. Such other landowners and /or
developers will be charged a subsequent user fee which shall be
determined by the following formula:
•
Subsequent User Fee
Non - participants acreage in Study Area
x
Total Project Cost
1408
x
1.2
10% interest compounded annually.
The foregoing subsequent user fee shall be charged to such
landowners and /or developers at the time their subdivision plat
is filed with the City or if no subdivision plat is necessary, at
the time application is made for water or wastewater service,
whichever first occurs. These subsequent charges shall be used
solely to reimburse the Landowners on the same pro rata basis as
their respective contributions. Such reimbursements shall be
made on a semi - annual basis on or about January 10 and July 10 of
each calendar year. After the Landowners have been reimbursed,
the City may use the subsequent user fees for any lawful purpose.
The Participants will be fully reimbursed for any amount
they have contributed over their actual contribution.
The actual contribution should be calculated as follows:
Participants Actual contribution = Participants acreage in Study
Area less acreage in WCID
easement
VI.
x
Total Cost of Project
1408
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.
VII.
The City agrees that when all Landowners have signed this
agreement and provided their letters of credit, each of the
Landowners shall have fulfilled all of the City's requirements as
to drainage detention facilities with respect to their land in
the Study Area and no Landowner shall be required to provide any
other drainage detention facilities in connection with
development of the land that it owns within the Study Area.
Provided, however, that the regional detention project is
completed with sufficient capacity to meet the detention
requirements of the Participants property within the Study Area.
When all the Landowners have signed this agreement
Landowner's land released from the Brushy Creek WCID easement
shall be platted in accordance with the then existing subdivision
ordinance requirements of the City. However, no drainage
detention facilities shall be required of such released land,
other than the completed Improvements.
V III.
Joe Carothers, James W. Clark, II, and Louis W. DeWald,
owners of the North Lake tract, shall be entitled to become
parties to this agreement as Landowners with the same rights and
obligations as the other Landowners, by signing this agreement at
the places indicated on Page 6, at any time before the contract
for construction of the Improvements is signed by the City. In
that event their contribution, and the contributions of the other
-3-
Landowners, will be calculated on the basis that the North Lake
tract has 90 acres in the Study Area with no acres in the Brushy
Creek WCID easement.
IX.
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.
ST:
C y Secretary
%N D ) AYLAJ
CITY OF ROUND ROCK
LANDOWNERS
MMJ DEVELOPMENT JOINT VENTURE
By:
MEADOW LAKE JOINT VENTURE
B
CONTINENTAL DIVERSIFIED
INVESTMENTS, INC.
By:
-4-
Bill Milburn, Managing Venturer
ck E. Williams
Signed the day of
Carothers.
Signed the
Clark, II.
Signed the
DeWald.
NORTH EAST ROUND ROCK PARTNERS
LIMITED
By: £ ��
ack E. Williams,
General Partner
Joe Carothers
day of , 1985 by James W.
James W. Clark, II
day of , 1985 by Louis W.
Louis W. DeWald
-5-
1985 by Joe
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EXHIBIT "A" TO REGIONAL DETENTION
FACILITY PARTICIPATION AGREEMENT
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CONSULTING tNGINEeft$
12-212 Teqtthology Blvd Sui te H
TexOs 18727
(512) 250-8611
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EXHIBIT "A” TO REGIONAL DETMTION
FACTLTTY PARTICIPMION AGREEMENT
/ Haynie 8t inc.
CONSULTING ENGINEERS
12212 Technotogy Blvd. Suite H
Austin, Texas 71372
(512) 250-8611