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R-87-1073 - 12/22/1987WHEREAS, High County Development Corporation has requested that the City accept for maintenance the subdivisions known as High County Sections 1 and 1B, and WHEREAS, the City agrees to accept said subdivisions subject to the terms and conditions of the attached Agreement, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with High County Development Corporation, a copy of said Agreement being attached hereto and incorporated herein for all purposes. ATTEST: C19HIGHCTY RESOLVED this NE LAND, City Secretary RESOLUTION NO. /6 3/ day of December, 1987. MIKE ROBINSON, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON 'AGREEMENT WHEREAS, High Country Development Corporation ( "HCDC ") has .requested that the public improvements in the subdivisions known as High Country Sections 1 and 1B be accepted by the City of Round Rock ( "City ") for maintenance, and WHEREAS, in order for the improvements in a subdivision to be eligible for acceptance, the subdivision must have access to, and available capacity in, the city's water and wastewater systems, and WHEREAS, there have arisen questions regarding the validity of a Wastewater Line Easement which is recorded in Vol. 1568, Page 148, Official Records, Williamson County, Texas, which easement is necessary for the said subdivisions' continued access to the City's wastewater system, and WHEREAS, upon acceptance, Highcty HCDC is from the City for the cost of oversizing a a entitled to a reimbursement wastewater line, and WHEREAS, the City is agreeable to the acceptance of the subdivision on condition that the City be indemnified and held harmless against any cost or expense associated with the defense of the existing easement and /or acquisition of a new easement, and on condition that ;13,3S03 be retained from the oversize reimbursement as additional security to be applied against any of the costs incurred, NOW THEREFORE It is agreed by and between the undersigned as follows: 1. Pursuant to Chapter 8, Section 6.A:(3) and in consideration of the covenants herein contained, the City Council hereby accepts for maintenance the completed subdivision improvements in High country Sections 1 and 1B. • II. HCDC shall indemnify and hold harmless City, its agent and employees from all suits, actions, claims, costs or expenses of any character, type, or description brought or made for or on account of defending the validity of the aforesaid easement and /or replacing said easement, if necessary. HCDC further agrees to allow the City to retain $20,000.00 from the amount due HCDC as reimbursement for oversize utility improvements and to deposit said amount in an interest bearing account. When the questions concerning the validity of the easement are resolved, and all costs and expenses as aforesaid have been paid by HCDC, then the -$;119,9.543-re plus accrued interest shall be paid by City to HCDC. If said costs and expenses are not paid, the City shall deduct the costs from said amount and pay the difference, if any, to HCDC. Executed this 14 day of December, 1987. _ Attest: A L _id ' 1. 1 J 1 nne Land, City Secretary City of Round Rock By: Mike Robinson, Mayor High Country Development Corporation By: 2. Leon Whitney, Presid DATE: December 17, 1987 SUBJECT: Council Agenda, December 22, 1987 ITEM: 9B. Consider a resolution authorizing the Mayor to execute an agreement with High Country Development accepting High Country 1 and 1B and providing for an indemnity agreement. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: ECONOMIC IMPACT: High Country Sections I & IB are complete and ready for acceptance. These sections are served by an offsite sewer line. The easement for this sewer line were provided and recorded by Bill Kitts. Subsequent to the recordation, the property that the easements are located on reverted back to the previous owner. Therefore, until the easements are dedicated in a fashion acceptable to the City Attorney, High Country will leave $12,500 in cash to cover legal and fiscal costs of obtaining such easement. Attached is .a resolution to that end. STATE OF TEXAS COUNTY OF WILLIAMSON Highcty AGREEMENT WHEREAS, High Country Development Corporation ( "HCDC ") has requested that the public improvements in the subdivisions known as High Country Sections 1 and 1B be accepted by the City of Round Rock ( "City ") for maintenance, and WHEREAS, in order for the improvements in a subdivision to be eligible for acceptance, the subdivision must have access to, and available capacity in, the City's water and wastewater systems, and WHEREAS, there have arisen questions regarding the validity of a Wastewater Line Easement which is recorded in Vol. 1568, Page 148, Official Records, Williamson County, Texas, which easement is necessary for the said subdivisions' continued access to the City's wastewater system, and WHEREAS, upon acceptance, HCDC is entitled to a reimbursement from the City for the cost of oversizing a wastewater line, and WHEREAS, the City is agreeable to the acceptance of the subdivision on condition that the City be indemnified and held harmless against any cost or expense associated with the defense of the existing easement and /or acquisition of a new easement, and on condition that $12,250.00 be retained from the oversize reimbursement as additional security to be applied against any of the costs incurred, NOW THEREFORE It is agreed by and between the undersigned as follows: I. Pursuant to Chapter 8, Section 6.A.(3) and in consideration of the covenants herein contained, the City Council hereby accepts for maintenance the completed subdivision improvements in High Country Sections 1 and 1B. II. HCDC shall indemnify and hold harmless City, its agent and employees from all suits, actions, claims, costs or expenses of any character, type, or description brought or made for or on account of defending the validity of the aforesaid easement and /or replacing said easement, if necessary. HCDC further agrees to allow the City to retain .12,250.0. from the amount due HCDC as reimbursement for oversize utility improvements and to deposit said amount in an interest bearing account. When the questions concerning the validity of the easement are resolved, and all costs and expenses as aforesaid have been paid by HCDC, then the plus accrued interest shall be paid by City to HCDC. If said costs and expenses are not paid, the City shall deduct the costs from said amount and pay the difference, if any, to HCDC. Executed this day of December, 1987. City of Round Rock Attest: Joanne Land, City Secretary y: e Robinson, Mayor High Country Development Corporation By: Leon Whitney, President 2.