R-87-1043 - 9/10/1987WHEREAS, the City of Round Rock, Milburn and others have
entered into a certain West Round Rock Water System Improvements
agreement for the constructing of certain water system improvements,
and
WHEREAS, Milburn wishes to establish the upper limits of
its financial obligations for the City's prorated oversize cost
of the project,
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS
That the Mayor is hereby authorized to execute on behlaf
of the City of Round Rock an agreement concerning Milburn's obligation
for the City's oversize in the West Round Rock Water System Improvements
project, a copy of said agreement being attached hereto and incorporated
herein for all purposes.
RESOLVED this the �!J day of , 1987.
ATTEST:
•i/, iii , _ /ti
NE LANE, City Secretary
RESOLUTION NO. 424,9[
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
AGREEMENT REGARDING THE CONSTRUCTION
OF WATER SYSTEM IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT REGARDING THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
is made and entered into on this the /00 day of 42adze 1987, by and
between THE CITY OF ROUND ROCK ( "City "), a home rule city located in
Williamson County, Texas, and MILBURN INVESTMENTS, INC. ( "Milburn"), a Texas
corporation.
W I T N E S S E T H
WHEREAS, the City and Milburn, along with other parties, have entered
into that certain West Round Rock Water System Improvements Agreement ( "West
Round Rock Agreement "), a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes relating to the construction of certain
water improvements; and
WHEREAS, in Exhibit "G" to the West Round Rock Agreement, water line
segments #76, #112, #121, #77, and #101, and the 1.5 million gallon Fern Bluff
Elevated Storage Tank ( "inter -loop water improvements ") are identified therein
for which 100% of the City's prorated oversize cost is to be paid by Milburn,
on behalf of the Fern Bluff Municipal Utility District ( "District "), in which
Milburn's property is located; and
WHEREAS, the City and Milburn desire to supplement the West Round Rock
Agreement and to set forth the further agreement between the parties herein
named;
NOW, THEREFORE, for and in consideration of the premises and the mutual
obligations and benefits herein contained, the City and Milburn hereby agree
as follows:
1. Notwithstanding anything contained to the contrary in the West
Round Rock Agreement, it is expressly agreed by the City that the
obligation of Milburn to pay 100% of the City's prorated oversize
cost for the inter -loop water improvements, as set forth in the
West Round Rock Agreement, shall be modified and that Milburn's
obligation for such costs shall be limited to a maximum of
$671,000.00 plus 10% for engineering and contingencies, for a
total of $738,100.00. The facilities that comprise this
obligation shall specifically be limited to the inter -loop water
improvements. In the event that the cost of these facilities is
leas than $738,100.00, then Milburn shall pay such lesser
amount. In the event that the cost exceeds $738,100.00, Milburn
shall be entitled to be reimbursed for such excess costs in
accordance with Section 5.01 of the West Round Rock Agreement.
2. It is acknowledged by the City that prior to the completion of
line segments #76, #112, #121, and #77, as identified in the West
Round Rock Agreement, the District will be reserved 150 L.U.E.s
of water service from existing facilities for service to Milburn's
ATTEST:
THE STATE OF TEXAS
COUNTY OF
0023D
property. Furthermore, after completion of line segments #76,
#112, #121 and #77, the District will be allocated a total of 400
L.U.E.s of water service. Upon completion of the entire project,
as identified in the West Round Rock Agreement, the District's
allocation of L.U.E.s shall be 3064 L.U.E.s as stated in the West
Round Rock Agreement. For purposes of this Agreement, the
definition of "L.U.E." shall be as set forth in Section 2.02 of
the West Round Rock Agreement.
THE CITY OF ROUND RO
By:
Mike Robinson, Mayor
Date:
MILBURN INVESTMENTS, INC.
By:
Bill Milburn, President
Date:
his instrument was acknowledged before me on this the .0 day
of , 1987, by MIKE ROBINSON, Mayor, of The City of Round Rock,
Texas, in the capacity therein stated.
OttADAOILI
Notary Public, State of Texas
Notary's name printed: Dcbty c -' S. HV.Gy
My commission expires: 5 -3Q_e9
THE STATE OF TEXAS
COUNTY OF TRAVIS §
This instrument was acknowledged before me on this the A* day
of Szete.-4i _, 1987, by BILL MILBURN, President, of Milburn Investments,
Inc., a Texas corporation, on behalf of said corporation.
Notary Public, State of Texas
Notary's name printed:
My commission expires:
Mayor
Mike Robinson
Mayor Pro -tem
Trudy L. Lee
Council Members
Mike Heiligenstein
Glenn T. Xing
Pete Correa
Ronnie Jean
- Charles Culpepper
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
Joe DiQuinzio
Bill Milburn Co.
P.O. Box 9802 -682
Austin, Texas 78766
Dear Joe:
JL:dh
attachment
iiiE CITY OF ROUND ROCK
221 East Main Street
, Round Rock, Texas 78664
512- 255 -8612
January 25, 1988
Attached please find the two (2) original executed
Agreements Regarding the Construction of Water System
Improvements. After the executing of Bill Milburn,
please return one of the originals to us for our
records.
Thank you for your assistance.
Sincerely,
Joanne Land
City Secretary
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
*
*
I, JOANNE LAND, City Secretary of the City of Round Rock, Texas do
hereby certify that the above and foregoing is a true and correct copy of
a resolution passed and adopted by the City Council of the City of Round . .
Rock, Texas, at a meeting held on the /fday of
19(7which is recorded in the minutes of the City of Round Rock in book
()
�F Page /50
WITNESSED by my hand and seal of the City of Round Rock, Texas on
this ,30 of 2y , 19 r r7 .
J i
J�4°` E LA Nu, Cl y Secretary
C i y of Round Rock
WHEREAS, the City of Round Rock, Milburn and others have
entered into a certain West Round Rock Water System Improvements
agreement for the constructing of certain water system improvements,
and
WHEREAS, Milburn wishes to establish the upper limits of
its financial obligations for the City's prorated oversize cost
of the project,
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS
That the Mayor is hereby authorized to execute on behlaf
of the City of Round&Rock an agreement concerning Milburn's obligation
for the City's oversize in the West Round Rock Water System Improvements
project, a copy of said agreement being attached hereto and incorporated
herein for all purposes. /�
RESOLVED this the /0 day of , 1987.
J
NNE LANE, City Secretary
RESOLUTION NO. /01.13/e
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
AGREEMENT REGARDING THE CONSTRUCTION
OF WATER SYSTEM IMPROVEMENTS
W I T N E S S E T H
KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT REGARDING THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
is made and entered into on this the MO day of *nib/ A, 1987, by and
between THE CITY OF ROUND ROCK ( "City "), a home rule city located is
Williamson County, Texas, and MILBURN INVESTMENTS, INC. ( "Milburn "), a Texas
corporation.
WHEREAS, the City and Milburn, along with other parties, have entered
into that certain West Round Rock Water System Improvements Agreement ( "West
Round Rock Agreement "), a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes relating to the construction of certain
water improvements; and
WHEREAS, in Exhibit "G" to the West Round Rock Agreement, water line
segments #76, #112, #121, #77, and #101, and the 1.5 million gallon Fern Bluff
Elevated Storage Tank ( "inter -loop water improvements ") are identified therein
for which 100% of the City's prorated oversize cost is to be paid by Milburn,
on behalf of the Fern Bluff Municipal Utility District ( "District "), in which
Milburn's property is located; and
WHEREAS, the City and Milburn desire to supplement the West Round Rock
Agreement and to set forth the further agreement between the parties herein
named;
NOW, THEREFORE, for and in consideration of the premises and the mutual
obligations and benefits herein contained, the City and Milburn hereby agree
as follows:
1. Notwithstanding anything contained to the contrary in the West
Round Rock Agreement, it is expressly agreed by the City that the
obligation of Milburn to pay 100% of the City's prorated oversize
cost for the inter -loop water improvements, as set forth in the
West Round Rock Agreement, shall be modified and that Milburn's
obligation for such costs shall be limited to a maximum of
$671,000.00 plus 10% for engineering and contingencies, for a
total of $738,100.00. The facilities that comprise this
obligation shall specifically be limited to the inter -loop water
improvements. In the event that the cost of these facilities is
less than $738,100.00, then Milburn shall pay such lesser
amount. In the event that the cost exceeds $738,100.00, Milburn
shall be entitled to be reimbursed for such excess costs in
accordance with Section 5.01 of the West Round Rock Agreement.
2. It is acknowledged by the City that prior to the completion of
line segments 676, #112, #121, and #77, as identified in the West
Round Rock Agreement, the District will be reserved 150 L.U.E.s
of water service from existing facilities for service to Milburn's
nne Land', City Secretary
THE STATE OF TEXAS
COUNTY OF
property. Furthermore, after completion of line segments #76,
#112, #121 and #77, the District will be allocated a total of 400
L.U.E.s of water service. Upon completion of the entire project,
as identified in the West Round Rock Agreement, the District's
allocation of L.U.E.s shall be 3064 L.U.E.s as stated in the West
Round Rock Agreement. For purposes of this Agreement, the
definition of "L.U.E." shall be as set forth in Section 2.02 of
the West Round Rock Agreement.
This instrument was acknowledged before me on this the //7 day
of tjty , 1987, by MIKE ROBINSON, Mayor, of The City of Round Rock,
Texas \ 67 1 0e capacity therein stated.
THE STATE OF TEXAS
COUNTY OF TRAVIS
0023D
§
THE CITY OF ROUND R
By:
Mike Robinson, Mayor
Date:
MILBURN INVESTMENTS, INC.
By:
Bill Milburn, President
Date:
Notary Public, State of Texa
Notary's name printed: I)tbtor a_rs 3- qty
My commission expires: '5 - 'o - EP
This instrument was acknowledged before me on this the day
of , 1987, by BILL MILBURN, President, of Milburn Investments,
Inc., a Texas corporation, on behalf of said corporation.
Notary Public, State of Texas
Notary's name printed:
My commission expires: