Loading...
R-88-1187 - 11/7/1988WHEREAS, the City of Round Rock ( "City ") and the predecessors of Franklin Capital Corporation ( "Franklin ") have previously entered into a Proposal Letter dated August 3, 1988 regarding a golf course on the Franklin 582 Tract, and WHEREAS, said Proposal Letter provides in part that the City and Franklin will enter into an agreement regarding the provision of water and wastewater utilities to the Franklin Tract, and WHEREAS, a document entitled Franklin 582 Water and Wastewater Service Agreement ( "Service Agreement ") has been prepared to formalize the parties' agreement regarding utility service, and WHEREAS, the City Council wishes to enter into said Service 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 the Service Agreement with Franklin, a copy of said Service Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 7th day of November, 1988. ATTEST: 41 40 1. nne Land, t Secretary T31RESOLUTN RESOLUTION NO. l /4 7 f k4 Mike Robinson, Mayor City of Round Rock, Texas STATE OF TEXAS FRANKLIN 582 WATER AND WASTEWATER SERVICE AGREEMENT COUNTY OF WILLIAMSON This Agreement is made and entered into on this 7th day of November, 1988, by and between the City of Round Rock, Texas, a home rule municipality ( "City ") and Franklin Capital Corporation, a Texas corporation ( "Franklin "). Recitals WHEREAS, Franklin owns approximately five hundred eighty -two (582) acres of land ( "Franklin Tract ") adjacent to and east of County Road 122 which is depicted in Exhibit "A "; and WHEREAS, said Franklin Tract is presently in the extraterritorial jurisdiction of the City of Hutto, and WHEREAS, the Franklin Tract does not presently have access to any municipal water and wastewater service, and WHEREAS, an engineering study has determined that in order for the Franklin Tract to have access to the City's water and wastewater systems, certain improvements listed in Exhibit "B" must be constructed, and WHEREAS, the City does not have current funds available for the construction of said improvements, and WHEREAS, the City, Franklin, and Killeen Savings Association have previously entered into a letter agreement dated August 3, 1988 ( "Proposal Letter ") whereby an agreement in principal was reached wherein the Franklin Tract would have access to the City's water and wastewater systems, subject to a number of conditions, and WHEREAS, the City and Franklin wish to formalize and finalize their agreement as to the terms and provisions of water and wastewater service to the Franklin Tract, Now Therefore, It Is Agreed That: Article I Capacity Reserved 1.01. Capacity in System Improvements. The capacity of the water and wastewater system improvements to be constructed shall be measured in terms of Living Unit Equivalents (LUE's). A Water LUE is defined as that unit of development which consumes the same amount of water as is consumed by a detached single family dwelling unit. For the purpose of this Agreement, a Water LUE is deemed to consume an average of four hundred eighty (480) gallons per day not to exceed a peak rate of 1.0 g.p.m. A Wastewater LUE is defined as that unit of development which produces the same peak wet weather flow as is produced by a detached single family dwelling unit. For the purpose of this Agreement, a Wastewater LUE is deemed to produce a peak wet weather flow of three hundred fifty (350) gallons per day of wastewater. Subject to the conditions stated in Article IV below, the City agrees to reserve capacity for Franklin in the water and wastewater improvements to be constructed in the amount of one thousand five hundred (1,500) Water and Wastewater LUE's. T3OWATER The number of LUE's for residential uses shall be determined as follows: TYPE OF RESIDENTIAL UNIT NUMBER OF LUE's Single Family Detached 1.0 Duplex 0.9 per unit Tri -plex, four -plex and multi - family 0.7 per unit The number of LUE's for commercial and industrial use shall be determined in accordance with projected usage. Franklin shall be entitled to allocate its LUE's to its tract, or any portion thereof, as it deems advisable. In the event of transfer of the tract, or any portion thereof, the City, unless notified as set forth hereinafter, may deem that a pro rata number of LUE's are transferred with the conveyed property in accordance with the ratio between the area of the conveyed property to the total area of the tract. Provided, however, Franklin may designate in writing to the City the amount of LUE's transferred with the conveyance of any tract of any portion thereof. Franklin shall not be permitted to transfer or assign its right to LUE's of line capacity except to any purchaser of its tract, or any portion thereof. 1.02. No Plant Capacity Reserved. It is understood and agreed that although Franklin will have reserved capacity in the water and wastewater improvements contemplated herein, no capacity in the existing or future treatment plants is being reserved. Available capacity in the treatment plants will be allocated to users in the City's service area on a "first come - first served" basis in accordance with the ordinances and regulations of the City. The City acknowledges that it now has 8,333 LUE's of available capacity in its water treatment system and 6,570 LUE's of available capacity in the wastewater treatment plants. The City agrees to notify Franklin at such time that the available capacity in either the water or wastewater treatment plants drop below 4,000 LUE's. At such time Franklin may obtain commitments for up to 1,500 LUE's of capacity in the treatment plants by prepaying water and wastewater LUE fees or by obtaining final plat approval for the tract or portions thereof. Article II Covenants and Agreements of the City 2.01. Water Improvements. Set forth in Exhibit "B" hereto are the City's Water Improvements. The City agrees that the City's Water Improvements will be constructed by the City at no cost to Franklin. The City's obligation to construct said improvements is subject to the City's ability to sell bonds to finance said construction. 2.02. Acceptance For Maintenance. Upon completion of Franklin's Water Improvements and Wastewater Improvements in accordance with the approved plans and specifications therefor and with the ordinances and regulations of the City, the City agrees to accept same for maintenance. Upon completion of the required subdivision improvements, including but not limited to streets, drainage, etc., in accordance with the approved plans and specifications therefor and with the ordinances and regulations of the City, City agrees to accept same for maintenance. 2.03. Oversize Reimbursement. The City acknowledges that Franklin's Wastewater Improvements and Franklin's Water Improvements include certain oversized components which are to be constructed by Franklin at the request of the City. Accordingly, Franklin will be reimbursed for said oversize expense as provided by Chapter 8, Section 6.J.(4), Code of Ordinances, City of Round Rock. 2. Article III Agreements and Covenants of Franklin 3.01. Utility Easements on Franklin Tract. Prior to the commencement of construction on the Franklin Tract of the water or wastewater improvements the subject of this Agreement, Franklin shall execute and deliver to the City all necessary utility easements, at no cost to the City. 3.02. Utility Easements On Other Tracts. Franklin agrees, at its sole cost and expense, to obtain from each of the owners of the tracts affected by the water and wastewater improvements, including appropriate subordination provisions from any lienholders, all utility easements necessary to construct, locate and maintain the water and wastewater improvements. If necessary, the City agrees to assist Franklin by using its powers of condemnation to acquire the necessary easements. In order to assist Franklin in the acquisition of the necessary easements, the City agrees to consider on a case by case basis in accordance with its ordinances and policies, the provision of utility service to those tracts crossed by said easements. However, all costs of such condemnation preceedings shall be borne solely by Franklin. 3.03. Water and Wastewater Improvements. Set forth in Exhibit "B" hereto are Franklin's Water Improvements and Franklin's Wastewater Improvements. Franklin agrees that the Franklin Water Improvements and Franklin Wastewater Improvements will be constructed by Franklin, at its sole cost and expense. Article IV Conditions 4.01. City's Conditions. The City's obligations to (1) construct the City's Water Improvements; (2) provide water and wastewater service to the Franklin Tract; (3) reimburse Franklin pursuant to the oversize policy; and (4) perform its other obligations under this Agreement shall be conditioned and contingent upon: a. Hutto ETJ. Full and complete release by the City of Hutto of the Franklin Tract from the Hutto Extraterritorial Jurisdiction (ETJ) in such a way that City is able to include the Franklin Tract into its own ETJ. b. Annexation. The Franklin Tract shall have been fully annexed into the city limits of City. c. Utility Easements. All necessary utility easements have been fully executed, acknowledged, and recorded in the real property records of Williamson County, Texas. d. Approvals. City shall have received all requisite approvals for the sale of bonds to finance the construction of the City's Water Improvements and the City's Wastewater Improvements. e. Golf Course Tract. Franklin has dedicated to the City the Golf Course Tract or otherwise provided for the construction of a golf course on the Franklin Tract in accordance with the Proposal Letter. f. Other Agreements. Each of the covenants and agreements of Franklin set forth herein shall have been satisfied or evidence satisfactory to City shall have been provided to City confirming that each of the covenants and agreements of Franklin not previously satisfied will be satisfied. Provided however, regardless of anything contained herein to the contrary, in the event that all of the above conditions have been met with the sole exception of subparagraph e., Franklin may plat 3. subdivision lots which use Water LUE's not to exceed 700 LUE's, which is agreed to be the number of LUE's of available capacity in the water lines to be extended along Gattis School Road and County Road 122. If Franklin wishes approval from the City for plats or other development which require water capacity in excess of 700 LUE's, Franklin shall have the option of constructing the City's Water Improvements at its cost, and will be entitled to be reimbursed for any oversize cost in accordance with the City's oversize reimbursement policies. 4.02. Franklin's Conditions. Franklin's obligation to construct the Franklin's Water and Wastewater Improvements as provided in this Agreement shall be conditioned and contingent upon: a. Regulatory Approvals. Franklin shall have received all requisite regulatory approvals for the consummation of the transaction herein contemplated. b. Other Agreements. Each of the covenants and agreements of the City set forth herein shall have been satisfied or evidence satisfactory to Franklin shall have been provided to Franklin confirming that each of the covenants and agreements of the City not previously satisfied will be satisfied. Article V Costs The City will pay the following costs: the City's attorney's fees, the cost of any surveys necessary to effectuate this transaction. Franklin will pay Franklin's attorney's fees and the cost of obtaining and recording the utility easements. Article VI Default: Remedy In the event that either party fails to perform its obligations hereunder (except as may be excused (i) by the other party's default or failure or (ii) by the express terms of this Agreement), the party claiming default will make written demand for performance on the defaulting party (herein so called). In the event the defaulting party fails to comply with such written demand within ten (10) days after notice thereof, the other party will have the option to waive such default or, due to the unique character of the subject matter of this Agreement, seek and obtain specific performance of the terms and provisions of this Agreement; it being expressly acknowledged and agreed by the parties hereto that damages for breach or default of the terms of this Agreement are inadequate and each party hereto accordingly unconditionally waives any defense that damages or other remedies, other than specific performance, will adequately or appropriately compensate any other party hereto for a breach or default hereunder. 7.01. Time. Time is of the essence of this Agreement. 7.02. Notice. All notices, requests, demands, and other communications under this Agreement, to be effective, shall be in writing and sent by regular or certified mail, return receipt requested, with the U.S. Postal Service, addressed as follows: If to the City: Article VII Miscellaneous City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett 4. With a copy to: If to Franklin: With copies to: Mauro, Wendler, Sheets, Blume & Gutow, P.C. 309 East Main Street Round Rock, Texas 78664 Attention: Stephan L. Sheets, Esq. 708 Congress Avenue Austin, Texas 78701 Attention: John German Franklin Federal Bancorp 712 Congress Avenue Austin, Texas 78701 Attention: Larry Paul Manley Johnson & Swanson, P.C. 100 Congress Avenue, Suite 1400 Austin, Texas 78701 Attention: Mark A. Herndon or at such other address, and to the attention of such other person, as either party shall give notice as herein provided. All such notices, requests, demands, and other communications shall be deemed to have been given for all purposes hereof on the first calendar day after the date of the mailing thereof if sent by certified mail, return receipt requested, with postage prepaid, or on the third calendar day after the date of the mailing thereof if sent by regular mail, with postage prepaid; provided, that each party shall also have the right to utilize courier service or personal delivery, in which case the notice, request, demand or other communication will be deemed given on the date of actual delivery to the specified address. 7.03. Brokerage. Each of the City and Franklin represents to the other party that it has not engaged, and covenants that it will not engage, any broker or finder in connection with this Agreement or the transactions contemplated herein in a manner so as to give rise to any valid claim for any brokerage or finders' fee or similar compensation. Each party further represents to the other party that it has not authorized, and will not authorize, any person to act in a manner so as to give rise to any valid claim for any brokerage or finders' fees or similar compensation, and, if any party or their affiliates has caused any such fee to be payable, then such party shall bear any such fee. 7.04. Entire Agreement and Modifications. This Agreement embodies and constitutes the entire understanding among the parties with respect to the transactions contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements (whether oral or written) are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 7.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 7.06. Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. 7.07. Assignment. This Agreement (including all terms, provisions and rights) may not be assigned by the City without the prior written consent of Franklin, although Franklin shall be entitled to assign its interest in this Agreement to any entity 5. acquiring all or substantially all of Franklin's interest in the Franklin Tract, save and except the Golf Course Tract. 7.08. Exhibits. All exhibits to this Agreement are hereby fully incorporated herein by reference for all purposes as though fully set forth herein. 7.09. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable and shall not invalidate this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 7.10. Gender of Words. Words of any gender shall include the other gender where appropriate. 7.11. Binding Effect. This Agreement will inure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. Nothing herein shall be construed to create any third party beneficiaries' rights or any rights in any other persons not a party to this Agreement. 7.12. Legal Construction. The terms and provisions of this Agreement represent the results of negotiations among the parties, each of which has been represented by counsel of its own selection, and none of which has acted under duress or compulsion, whether legal, economic, or otherwise. Consequently, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and the parties hereby expressly waive and disclaim in connection with the interpretation and construction of this Agreement, any rule of law or procedure requiring otherwise, including, without limitation, any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the party whose attorney prepared this Agreement or any earlier draft of this Agreement. 7.13. Attorney's Fees. In the event either party should default under any of the terms or provisions of this Agreement and, as a consequence, the other party should employ attorneys or incur other expenses for the collection of amounts payable hereunder for the enforcement of performance or observance of any obligation, covenant or agreement on the part of the other party contained in this Agreement and litigation shall ensue, then the party prevailing in said litigation shall be entitled to recover reasonable attorney's fees, court costs and other reasonable expenses associated with any such litigation. 7.14. Survival. Each of the representations, warranties, terms and provisions of this Agreement shall survive the execution of this Agreement and the execution and delivery of the other documents contemplated to be executed and delivered in connection herewith, and shall continue in full force and effect. 7.15. Status of Parties' Relationship. Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. 7.16. Counterpart Execution. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. 7.17. Authority. Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. 6. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the dates hereafter indicated, to be effective, however, as set forth above. ATTEST: CITY OF ROUND ROCK, TEXAS By: „2 �!1 yy ��, Mike Robinson, Mayor 'l /f)1Ld ? 2in4_' Date: //- 7 o,n ne Land, City Secretary CITY: FRANKLIN: FRANKLIN CAPITAL CORPORATION, a Text J p tion By: hn German, ice President Date: ( - 51 - 5 7. IS" W1 \ SGT -121 � �.BP- 12 II mo, / a. )ENTRANCE 1 J_ AW 24' Gi • 6 Exhibit C PALM matt • V 1 - - i —r.t. • ` 6' Scale :I 2000' • EXHIBIT "A" LAKE`•GRPNGER SUPPLY '`� BP -10 - 1 — ;�crtnscs`r —1-- Recommended Tnmrovementa water Line Extermion - Gattie School Rd. H to G 18" lino • Line Extension - CR 122 G to E 24" line Line Extension - CR 122 E to D 24" line Line Extension - CR 122 ..DtoC 18" line Subtotal ,Sewer Lina Extension to Brushy Creek Regional Treatment Plant D to J 18" line I' \m,n„ nda \9581 \0025 \2,81,1.02 TABLE 1 OFFSITE UTILITY cols FRANKLIN 582 ROUND ROCK, TEXAS EXHFBIT "B" Cost to Coat to Total BFC: Citv Cc-8C $115,200 $ 57,600 154, 800 115, 200 216, 000 51, 600 $172, 800 206, 400 38, 400 153, 600 88.40Q 28.800 115.200 $171,600 0176, 400 $648, 000 43, 200 259,200 Graywater Irrigation Line -0- 255.600 255 600 Subtotal $216,000 $298,800 $514,800 Total $687,600 $475,200 $1,162,800 STATE OF TEXAS T3OWATER FRANKLIN 582 WATER AND WASTEWATER SERVICE AGREEMENT COUNTY OF WILLIAMSON This Agreement is made and entered into on this 7th day of November, 1988, by and between the City of Round Rock, Texas, a home rule municipality ( "City ") and Franklin Capital Corporation, a Texas Corporation ( "Franklin "). Recitals WHEREAS, Franklin owns approximately five hundred eighty -two (582) acres of land ( "Franklin Tract ") adjacent to and east of County Road 122 which is depicted in Exhibit "A"; and WHEREAS, said Franklin Tract is presently in the extraterritorial jurisdiction of the City of Hutto, and WHEREAS, the Franklin Tract does not presently have access to any municipal water and wastewater service, and WHEREAS, an engineering study has determined that in order for the Franklin Tract to have access to the City's water and wastewater systems, certain improvements listed in Exhibit "B" must be constructed, and WHEREAS, the City does not have current funds available for the construction of said improvements, and WHEREAS, the City, Franklin, and Killeen Savings Association have previously entered into a letter agreement dated August 3, 1988 ( "Proposal Letter ") whereby an agreement in principal was reached wherein the Franklin Tract would have access to the City's water and wastewater systems, subject to a number of conditions, and WHEREAS, the City and Franklin wish to formalize and finalize their agreement as to the terms and provisions of water and wastewater service to the Franklin Tract, Now Therefore, It Is Agreed That: Article I Capacity Reserved 1.01. Capacity in System Improvements. The capacity of the water and wastewater system improvements to be constructed shall be measured in terms of Living Unit Equivalents ( LUE's). A Water LUE is defined as that unit of development which consumes the same amount of water as is consumed by a detached single family dwelling unit. For the purpose of this Agreement, a Water LUE is deemed to consume an average of four hundred eighty (480) gallons per day not to exceed a peak rate of 1.0 g.p.m. A Wastewater LUE is defined as that unit of development which produces the same peak wet weather flow as is produced by a detached single family dwelling unit. For the purpose of this Agreement, a Wastewater LUE is deemed to produce a peak wet weather flow of three hundred fifty (350) gallons per day of wastewater. Subject to the conditions stated in Article IV below, the City agrees to reserve capacity for Franklin in the water and wastewater improvements to be constructed in the amount of one thousand five hundred (1,500) Water and Wastewater LUE's. The number of LUE's for residential uses shall be determined as follows: TYPE OF RESIDENTIAL UNIT 2. NUMBER OF LUE's Single Family Detached 1.0 Duplex 0.9 per unit Tri -plex, four -plex and multi - family 0.7 per unit The number of LUE's for commercial and industrial use shall be determined in accordance with projected usage. Franklin shall be entitled to allocate its LUE's to its tract, or any portion thereof, as it deems advisable. In the event of transfer of the tract, or any portion thereof, the City, unless notified as set forth hereinafter, may deem that a pro rata number of LUE's are transferred with the conveyed property in accordance with the ratio between the area of the conveyed property to the total area of the tract. Provided, however, Franklin may designate in writing to the City the amount of LUE's transferred with the conveyance of any tract of any portion thereof. Franklin shall not be permitted to transfer or assign its right to LUE's of line capacity except to any purchaser of its tract, or any portion thereof. 1.02. No Plant Capacity Reserved. It is understood and agreed that although Franklin will have reserved capacity in the water and wastewater improvements contemplated herein, no capacity in the existing or future treatment plants is being reserved. Available capacity in the treatment plants will be allocated to users in the City's service area on a "first come - first served" basis in accordance with the ordinances and regulations of the City. The City acknowledges that it now has 8,333 LUE's of available capacity in its water treatment system and 6,570 LUE's of available capacity in the wastewater treatment plants. The City agrees to notify Franklin at such time that the available capacity in either the water or wastewater treatment plants drop below 4,000 LUE's. At such time Franklin may obtain commitments for up to 1,500 LUE's of capacity in the treatment plants by prepaying water and wastewater LUE fees or by obtaining final plat approval for the tract or portions thereof. Article II Covenants and Agreements of the City 2.01. Water Improvements. Set forth in Exhibit "B" hereto are the City's Water Improvements. The City agrees that the City's Water Improvements will be constructed by the City at no cost to Franklin. The City's obligation to construct said improvements is subject to the City's ability to sell bonds to finance said construction. 2.02. Acceptance For Maintenance. Upon completion of Franklin's Water Improvements and Wastewater Improvements in accordance with the approved plans and specifications therefor and with the ordinances and regulations of the City, the City agrees to accept same for maintenance. Upon completion of the required subdivision improvements, including but not limited to streets, drainage, etc., in accordance with the approved plans and specifications therefor and with the ordinances and regulations of the City, City agrees to accept same for maintenance. 2.03. Oversize Reimbursement. The City acknowledges that Franklin's Wastewater Improvements and Franklin's Water Improvements include certain oversized components which are to be constructed by Franklin at the request of the City. Accordingly, Franklin will be reimbursed for said oversize expense as provided by Chapter 8, Section 6.J.(4), Code of Ordinances, City of Round Rock. Article III Agreements and Covenants of Franklin 3.01. Utility Easements on Franklin Tract. Prior to the commencement of construction on the Franklin Tract of the water or wastewater improvements the subject of this Agreement, Franklin shall execute and deliver to the City all necessary utility easements, at no cost to the City. 3.02. Utility Easements On Other Tracts. Franklin agrees, at its sole cost and expense, to obtain from each of the owners of the tracts affected by the water and wastewater improvements, including appropriate subordination provisions from any lienholders, all utility easements necessary to construct, locate and maintain the water and wastewater improvements. If necessary, the City agrees to assist Franklin by using its powers of condemnation to acquire the necessary easements. In order to assist Franklin in the acquisition of the necessary easements, the City agrees to consider on a case by case basis in accordance with its ordinances and policies, the provision of utility service to those tracts crossed by said easements. However, all costs of such condemnation preceedings shall be borne solely by Franklin. 3.03. Water and Wastewater Improvements. Set forth in Exhibit "B" hereto are Franklin's Water Improvements and Franklin's Wastewater Improvements. Franklin agrees that the Franklin Water Improvements and Franklin Wastewater Improvements will be constructed by Franklin, at its sole cost and expense. Article IV Conditions 4.01. City's Conditions. The City's obligations to (1) construct the City's Water Improvements; (2) provide water and wastewater service to the Franklin Tract; (3) reimburse Franklin pursuant to the oversize policy; and (4) perform its other obligations under this Agreement shall be conditioned and contingent upon: a. Hutto ETJ. Full and complete release by the City of Hutto of the Franklin Tract from the Hutto Extraterritorial Jurisdiction (ETJ) in such a way that City is able to include the Franklin Tract into its own ETJ. b. Annexation. The Franklin Tract shall have been fully annexed into the city limits of City. c. Utility Easements. All necessary utility easements have been fully executed, acknowledged, and recorded in the real property records of Williamson County, Texas. d. Approvals. City shall have received all requisite approvals for the sale of bonds to finance the construction of the City's Water Improvements and the City's Wastewater Improvements. e. Golf Course Tract. Franklin has dedicated to the City the Golf Course Tract or otherwise provided for the construction of a golf course on the Franklin Tract in accordance with the Proposal Letter. f. Other Agreements. Each of the covenants and agreements of Franklin set forth herein shall have been satisfied or evidence satisfactory to City shall have been provided to City confirming that each of the covenants and agreements of Franklin not previously satisfied will be satisfied. Provided however, regardless of anything contained herein to the contrary, in the event that all of the above conditions have been met with the sole exception of subparagraph e., Franklin may plat 3. subdivision lots which use Water LUE's not to exceed 700 LUE's, which is agreed to be the number of LUE's of available capacity in the water lines to be extended along Gattis School Road and County Road 122. If Franklin wishes approval from the City for plats or other development which require water capacity in excess of 700 LUE's, Franklin shall have the option of constructing the City's Water Improvements at its cost, and will be entitled to be reimbursed for any oversize cost in accordance with the City's oversize reimbursement policies. 4.02. Franklin's Conditions. Franklin's obligation to construct the Franklin's Water and Wastewater Improvements as provided in this Agreement shall be conditioned and contingent upon: a. Regulatory Approvals. Franklin shall have received all requisite regulatory approvals for the consummation of the transaction herein contemplated. b. Other Agreements. Each of the covenants and agreements of the City set forth herein shall have been satisfied or evidence satisfactory to Franklin shall have been provided to Franklin confirming that each of the covenants and agreements of the City not previously satisfied will be satisfied. The City will pay the following costs: the City's attorney's fees, the cost of any surveys necessary to effectuate this transaction. Franklin will pay Franklin's attorney's fees and the cost of obtaining and recording the utility easements. If to the City: Article V Costs Article VI Default: Remedy In the event that either party fails to perform its obligations hereunder (except as may be excused (i) by the other party's default or failure or (ii) by the express terms of this Agreement), the party claiming default will make written demand for performance on the defaulting party (herein so called). In the event the defaulting party fails to comply with such written demand within ten (10) days after notice thereof, the other party will have the option to waive such default or, due to the unique character of the subject matter of this Agreement, seek and obtain specific performance of the terms and provisions of this Agreement; it being expressly acknowledged and agreed by the parties hereto that damages for breach or default of the terms of this Agreement are inadequate and each party hereto accordingly unconditionally waives any defense that damages or other remedies, other than specific performance, will adequately or appropriately compensate any other party hereto for a breach or default hereunder. Article VII Miscellaneous 7.01. Time. Time is of the essence of this Agreement. 7.02. Notice. All notices, requests, demands, and other communications under this Agreement, to be effective, shall be in writing and sent by regular or certified mail, return receipt requested, with the U.S. Postal Service, addressed as follows: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett 4. With a copy to: If to Franklin: With copies to: Mauro, Wendler, Sheets, Blume & Gutow, P.C. 309 East Main Street Round Rock, Texas 78664 Attention: Stephan L. Sheets, Esq. 708 Congress Avenue Austin, Texas 78701 Attention: John German Franklin Federal Bancorp 712 Congress Avenue Austin, Texas 78701 Attention: Larry Paul Manley Johnson & Swanson, P.C. 100 Congress Avenue, Suite 1400 Austin, Texas 78701 Attention: Mark A. Herndon or at such other address, and to the attention of such other person, as either party shall give notice as herein provided. All such notices, requests, demands, and other communications shall be deemed to have been given for all purposes hereof on the first calendar day after the date of the mailing thereof if sent by certified mail, return receipt requested, with postage prepaid, or on the third calendar day after the date of the mailing thereof if sent by regular mail, with postage prepaid; provided, that each party shall also have the right to utilize courier service or personal delivery, in which case the notice, request, demand or other communication will be deemed given on the date of actual delivery to the specified address. 7.03. Brokerage. Each of the City and Franklin represents to the other party that it has not engaged, and covenants that it will not engage, any broker or finder in connection with this Agreement or the transactions contemplated herein in a manner so as to give rise to any valid claim for any brokerage or finders' fee or similar compensation. Each party further represents to the other party that it has not authorized, and will not authorize, any person to act in a manner so as to give rise to any valid claim for any brokerage or finders' fees or similar compensation, and, if any party or their affiliates has caused any such fee to be payable, then such party shall bear any such fee. 7.04. Entire Agreement and Modifications. This Agreement embodies and constitutes the entire understanding among the parties with respect to the transactions contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements (whether oral or written) are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 7.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 7.06. Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. 7.07. Assignment. This Agreement (including all terms, provisions and rights) may not be assigned by the City without the prior written consent of Franklin, although Franklin shall be entitled to assign its interest in this Agreement to any entity 5. acquiring all or substantially all of Franklin's interest in the Franklin Tract, save and except the Golf Course Tract. 7.08. Exhibits. All exhibits to this Agreement are hereby fully incorporated herein by reference for all purposes as though fully set forth herein. 7.09. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable and shall not invalidate this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 7.10. Gender of Words. Words of any gender shall include the other gender where appropriate. 7.11. Binding Effect. This Agreement will inure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. Nothing herein shall be construed to create any third party beneficiaries' rights or any rights in any other persons not a party to this Agreement. 7.12. Legal Construction. The terms and provisions of this Agreement represent the results of negotiations among the parties, each of which has been represented by counsel of its own selection, and none of which has acted under duress or compulsion, whether legal, economic, or otherwise. Consequently, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and the parties hereby expressly waive and disclaim in connection with the interpretation and construction of this Agreement, any rule of law or procedure requiring otherwise, including, without limitation, any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the party whose attorney prepared this Agreement or any earlier draft of this Agreement. 7.13. Attorney's Fees. In the event either party should default under any of the terms or provisions of this Agreement and, as a consequence, the other party should employ attorneys or incur other expenses for the collection of amounts payable hereunder for the enforcement of performance or observance of any obligation, covenant or agreement on the part of the other party contained in this Agreement and litigation shall ensue, then the party prevailing in said litigation shall be entitled to recover reasonable attorney's fees, court costs and other reasonable expenses associated with any such litigation. 7.14. Survival. Each of the representations, warranties, terms and provisions of this Agreement shall survive the execution of this Agreement and the execution and delivery of the other documents contemplated to be executed and delivered in connection herewith, and shall continue in full force and effect. 7.15. Status of Parties' Relationship. Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. 7.16. Counterpart Execution. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. 7.17. Authority. Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. 6. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the dates hereafter indicated, to be effective, however, as set forth above. ATTEST: CITY: CITY OF ROUND ROCK, TEXAS By: 2h4/ � �� ��.,// Mike Robinson, Mayor G1 ft .Q/ G -L(/VC.(�V Date: //- e Land, City Secretary FRANKLIN: FRANKLIN CAPITAL CORPORATION, a Texa t . poration By: n German, ice President Date: 7. - V' Scale: 1%2000' Exhibit C PALti. vP.-Lay U - k B P - 12 EXHIBIT "A" LAKE '-GRf LAGER SUPPLY BP -10 . GT- f0'.sh.; cree c rs `s TABLE 1 OFFSITE UTILITY COSTS FRANKLIN 582 ROUND ROCK, TEXAS Cost to Cost to Total Recommended Imomvements BFC City Crst Water Line Extension - Gattis School P3 $115,200 $ 57,600 $172,800 H to G 18" line • Line Extension - CR 122 154, 800 51, 600 206, 400 G to E 24" line Line Extension - CR 122 115,200 38,400 153,600 E to D 24" line Line Extension - CR 122 -D to 18" lino 86.400 21.1b22 115.200 dotal $471, 600 $176, 400 $648, 000 Line Extension to Brushy Creek 216,000 43,200 259,200 Regional Treatment Plant D to J 18" line Graywater Irrigation Line - 255.600 255.600 Subtotal $216,000 $298,800 $514,800 Total $687, 600 $475, 200 $1,162,800 1 ' \m 02 - EX "B" STATE OF TEXAS T30WATER FRANKLIN 582 WATER AND WASTEWATER SERVICE AGREEMENT COUNTY OF WILLIAMSON Recitals i 0 i This Agreement is made and entered into on this 7th day of November, 1988, by and between the City of Round Rock, Texas, a home rule municipality ( "City ") and Franklin Capital Corporation, a Texas corporation ( "Franklin "). WHEREAS, Franklin owns approximately five hundred eighty -two (582) acres of land ( "Franklin Tract ") adjacent to and east of County Road 122 which is depicted in Exhibit "A "; and WHEREAS, said Franklin Tract is presently in the extraterritorial jurisdiction of the City of Hutto, and WHEREAS, the Franklin Tract does not presently have access to any municipal water and wastewater service, and WHEREAS, an engineering study has determined that in order for the Franklin Tract to have access to the City's water and wastewater systems, certain improvements listed in Exhibit "B" must be constructed, and WHEREAS, the City does not have current funds available for the construction of said improvements, and WHEREAS, the City, Franklin, and Killeen Savings Association have previously entered into a letter agreement dated August 3, 1988 ( "Proposal Letter ") whereby an agreement in principal was reached wherein the Franklin Tract would have access to the City's water and wastewater systems, subject to a number of conditions, and WHEREAS, the City and Franklin wish to formalize and finalize their agreement as to the terms and provisions of water and wastewater service to the Franklin Tract, Now Therefore, It Is Agreed That: Article I Capacity Reserved 1.01. Capacity in System Improvements. The capacity of the water and wastewater system improvements to be constructed shall be measured in terms of Living Unit Equivalents ( LUE's). A Water LUE is defined as that unit of development which consumes the same amount of water as is consumed by a detached single family dwelling unit. For the purpose of this Agreement, a Water LUE is deemed to consume an average of four hundred eighty (480) gallons per day not to exceed a peak rate of 1.0 g.p.m. A Wastewater LUE is defined as that unit of development which produces the same peak wet weather flow as is produced by a detached single family dwelling unit. For the purpose of this Agreement, a Wastewater LUE is deemed to produce a peak wet weather flow of three hundred fifty (350) gallons per day of wastewater. Subject to the conditions stated in Article IV below, the City agrees to reserve capacity for Franklin in the water and wastewater improvements to be constructed in the amount of one thousand five hundred (1,500) Water and Wastewater LUE's. The number of LUE's for residential uses shall be determined as follows: TYPE OF RESIDENTIAL UNIT Single Family Detached 1.0 Duplex 0.9 per unit Tri -plex, four -plex and multi- family 0.7 per unit The number of LUE's for commercial and industrial use shall be determined in accordance with projected usage. Franklin shall be entitled to allocate its LUE's to its tract, or any portion thereof, as it deems advisable. In the event of transfer of the tract, or any portion thereof, the City, unless notified as set forth hereinafter, may deem that a pro rata number of LUE's are transferred with the conveyed property in accordance with the ratio between the area of the conveyed property to the total area of the tract. Provided, however, Franklin may designate in writing to the City the amount of LUE's transferred with the conveyance of any tract of any portion thereof. Franklin shall not be permitted to transfer or assign its right to LUE's of line capacity except to any purchaser of its tract, or any portion thereof. 1.02. No Plant Capacity Reserved. It is understood and agreed that although Franklin will have reserved capacity in the water and wastewater improvements contemplated herein, no capacity in the existing or future treatment plants is being reserved. Available capacity in the treatment plants will be allocated to users in the City's service area on a "first come - first served" basis in accordance with the ordinances and regulations of the City. The City acknowledges that it now has 8,333 LUE's of available capacity in its water treatment system and 6,570 LUE's of available capacity in the wastewater treatment plants. The City agrees to notify Franklin at such time that the available capacity in either the water or wastewater treatment plants drop below 4,000 LUE's. At such time Franklin may obtain commitments for up to 1,500 LUE's of capacity in the treatment plants by prepaying water and wastewater LUE fees or by obtaining final plat approval for the tract or portions thereof. Article II Covenants and Agreements of the City 2.01. Water Improvements. Set forth in Exhibit "B" hereto are the City's Water Improvements. The City agrees that the City's Water Improvements will be constructed by the City at no cost to Franklin. The City's obligation to construct said improvements is subject to the City's ability to sell bonds to finance said construction. 2.02. Acceptance For Maintenance. Upon completion of Franklin's Water Improvements and Wastewater Improvements in accordance with the approved plans and specifications therefor and with the ordinances and regulations of the City, the City agrees to accept same for maintenance. Upon completion of the required subdivision improvements, including but not limited to streets, drainage, etc., in accordance with the approved plans and specifications therefor and with the ordinances and regulations of the City, City agrees to accept same for maintenance. 2.03. Oversize Reimbursement. The City acknowledges that Franklin's Wastewater Improvements and Franklin's Water Improvements include certain oversized components which are to be constructed by Franklin at the request of the City. Accordingly, Franklin will be reimbursed for said oversize expense as provided by Chapter 8, Section 6.J.(4), Code of Ordinances, City of Round Rock. 2. NUMBER OF LUE's Article III Agreements and Covenants of Franklin 3.01. Utility Easements on Franklin Tract. Prior to the commencement of construction on the Franklin Tract of the water or wastewater improvements the subject of this Agreement, Franklin shall execute and deliver to the City all necessary utility easements, at no cost to the City. 3.02. Utility Easements On Other Tracts. Franklin agrees, at its sole cost and expense, to obtain from each of the owners of the tracts affected by the water and wastewater improvements, including appropriate subordination provisions from any lienholders, all utility easements necessary to construct, locate and maintain the water and wastewater improvements. If necessary, the City agrees to assist Franklin by using its powers of condemnation to acquire the necessary easements. In order to assist Franklin in the acquisition of the necessary easements, the City agrees to consider on a case by case basis in accordance with its ordinances and policies, the provision of utility service to those tracts crossed by said easements. However, all costs of such condemnation preceedings shall be borne solely by Franklin. 3.03. Water and Wastewater Improvements. Set forth in Exhibit "B" hereto are Franklin's Water Improvements and Franklin's Wastewater Improvements. Franklin agrees that the Franklin Water Improvements and Franklin Wastewater Improvements will be constructed by Franklin, at its sole cost and expense. Article IV Conditions 4.01. City's Conditions. The City's obligations to (1) construct the City's Water Improvements; (2) provide water and wastewater service to the Franklin Tract; (3) reimburse Franklin pursuant to the oversize policy; and (4) perform its other obligations under this Agreement shall be conditioned and contingent upon: a. Hutto ETJ. Full and complete release by the City of Hutto of the Franklin Tract from the Hutto Extraterritorial Jurisdiction (ETJ) in such a way that City is able to include the Franklin Tract into its own ETJ. b. Annexation. The Franklin Tract shall have been fully annexed into the city limits of City. c. Utility Easements. All necessary utility easements have been fully executed, acknowledged, and recorded in the real property records of Williamson County, Texas. d. Approvals. City shall have received all requisite approvals for the sale of bonds to finance the construction of the City's Water Improvements and the City's Wastewater Improvements. e. Golf Course Tract. Franklin has dedicated to the City the Golf Course Tract or otherwise provided for the construction of a golf course on the Franklin Tract in accordance with the Proposal Letter. f. Other Agreements. Each of the covenants and agreements of Franklin set forth herein shall have been satisfied or evidence satisfactory to City shall have been provided to City confirming that each of the covenants and agreements of Franklin not previously satisfied will be satisfied. Provided however, regardless of anything contained herein to the contrary, in the event that all of the above conditions have been met with the sole exception of subparagraph e., Franklin may plat 3. subdivision lots which use Water LUE's not to exceed 700 LUE's, which is agreed to be the number of LUE's of available capacity in the water lines to be extended along Gattis School Road and County Road 122. If Franklin wishes approval from the City for plats or other development which require water capacity in excess of 700 LUE's, Franklin shall have the option of constructing the City's Water Improvements at its cost, and will be entitled to be reimbursed for any oversize cost in accordance with the City's oversize reimbursement policies. 4.02. Franklin's Conditions. Franklin's obligation to construct the Franklin's Water and Wastewater Improvements as provided in this Agreement shall be conditioned and contingent upon: a. Regulatory Approvals. Franklin shall have received all requisite regulatory approvals for the consummation of the transaction herein contemplated. b. Other Agreements. Each of the covenants and agreements of the City set forth herein shall have been satisfied or evidence satisfactory to Franklin shall have been provided to Franklin confirming that each of the covenants and agreements of the City not previously satisfied will be satisfied. Article V Costs The City will pay the following costs: the City's attorney's fees, the cost of any surveys necessary to effectuate this transaction. Franklin will pay Franklin's attorney's fees and the cost of obtaining and recording the utility easements. Article VI Default: Remedy In the event that either party fails to perform its obligations hereunder (except as may be excused (i) by the other party's default or failure or (ii) by the express terms of this Agreement), the party claiming default will make written demand for performance on the defaulting party (herein so called). In the event the defaulting party fails to comply with such written demand within ten (10) days after notice thereof, the other party will have the option to waive such default or, due to the unique character of the subject matter of this Agreement, seek and obtain specific performance of the terms and provisions of this Agreement; it being expressly acknowledged and agreed by the parties hereto that damages for breach or default of the terms of this Agreement are inadequate and each party hereto accordingly unconditionally waives any defense that damages or other remedies, other than specific performance, will adequately or appropriately compensate any other party hereto for a breach or default hereunder. Article VII Miscellaneous 7.01. Time. Time is of the essence of this Agreement. 7.02. Notice. All notices, requests, demands, and other communications under this Agreement, to be effective, shall be in writing and sent by regular or certified mail, return receipt requested, with the U.S. Postal Service, addressed as follows: If to the City: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett 4. With a copy to: If to Franklin: With copies to: Mauro, Wendler, Sheets, Blume & Gutow, P.C. 309 East Main Street Round Rock, Texas 78664 Attention: Stephan L. Sheets, Esq. 708 Congress Avenue Austin, Texas 78701 Attention: John German Franklin Federal Bancorp 712 Congress Avenue Austin, Texas 78701 Attention: Larry Paul Manley Johnson & Swanson, P.C. 100 Congress Avenue, Suite 1400 Austin, Texas 78701 Attention: Mark A. Herndon or at such other address, and to the attention of such other person, as either party shall give notice as herein provided. All such notices, requests, demands, and other communications shall be deemed to have been given for all purposes hereof on the first calendar day after the date of the mailing thereof if sent by certified mail, return receipt requested, with postage prepaid, or on the third calendar day after the date of the mailing thereof if sent by regular mail, with postage prepaid; provided, that each party shall also have the right to utilize courier service or personal delivery, in which case the notice, request, demand or other communication will be deemed given on the date of actual delivery to the specified address. 7.03. Brokerage. Each of the City and Franklin represents to the other party that it has not engaged, and covenants that it will not engage, any broker or finder in connection with this Agreement or the transactions contemplated herein in a manner so as to give rise to any valid claim for any brokerage or finders' fee or similar compensation. Each party further represents to the other party that it has not authorized, and will not authorize, any person to act in a manner so as to give rise to any valid claim for any brokerage or finders' fees or similar compensation, and, if any party or their affiliates has caused any such fee to be payable, then such party shall bear any such fee. 7.04. Entire Agreement and Modifications. This Agreement embodies and constitutes the entire understanding among the parties with respect to the transactions contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements (whether oral or written) are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 7.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 7.06. Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. 7.07. Assignment. This Agreement (including all terms, provisions and rights) may not be assigned by the City without the prior written consent of Franklin, although Franklin shall be entitled to assign its interest in this Agreement to any entity 5. acquiring all or substantially all of Franklin's interest in the Franklin Tract, save and except the Golf Course Tract. 7.08. Exhibits. All exhibits to this Agreement are hereby fully incorporated herein by reference for all purposes as though fully set forth herein. 7.09. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable and shall not invalidate this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 7.10. Gender of Words. Words of any gender shall include the other gender where appropriate. 7.11. Binding Effect. This Agreement will inure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. Nothing herein shall be construed to create any third party beneficiaries' rights or any rights in any other persons not a party to this Agreement. 7.12. Legal Construction. The terms and provisions of this Agreement represent the results of negotiations among the parties, each of which has been represented by counsel of its own selection, and none of which has acted under duress or compulsion, whether legal, economic, or otherwise. Consequently, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and the parties hereby expressly waive and disclaim in connection with the interpretation and construction of this Agreement, any rule of law or procedure requiring otherwise, including, without limitation, any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the party whose attorney prepared this Agreement or any earlier draft of this Agreement. 7.13. Attorney's Fees. In the event either party should default under any of the terms or provisions of this Agreement and, as a consequence, the other party should employ attorneys or incur other expenses for the collection of amounts payable hereunder for the enforcement of performance or observance of any obligation, covenant or agreement on the part of the other party contained in this Agreement and litigation shall ensue, then the party prevailing in said litigation shall be entitled to recover reasonable attorney's fees, court costs and other reasonable expenses associated with any such litigation. 7.14. Survival. Each of the representations, warranties, terms and provisions of this Agreement shall survive the execution of this Agreement and the execution and delivery of the other documents contemplated to be executed and delivered in connection herewith, and shall continue in full force and effect. 7.15. Status of Parties' Relationship. Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. 7.16. Counterpart Execution. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. 7.17. Authority. Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. 6. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the dates hereafter indicated, to be effective, however, as set forth above. ATTEST: ,LA't/14 _ iG.41d ne Land, City Secretary CITY: CITY OF ROUND ROCK TEXAS By: /" t h G Mike Robinson, Mayor Date: / 7 `cf( FRANKLIN: FRANKL CAPITAL CORPORATION, a Te •-,•or: ion By: 7 . n German, ice President Date: l( , —✓ r :A . w=IQ 3 ®BP ;a • \6 Scale: I" =2000' Lxiiibit L PALti. vAatay rArtti A\ EXHIBIT "A" 1. LAKE GRANGER . SUPPLY •- BP -IO . Recommended Improvement, Water TABLE 1 OFFSITE U7I LI TY COSTS FRANKLIN 582 ROUND ROCK, TEXAS Cost to Cast to Total AFC Citv Crgt Line Extension - Cattle School Pd. $115, 200 $ 57, 600 $172, 800 H to G 18" line Line Extension - CR 122 154, 800 51, 600 206, 400 G to E 24" line Line Extension - CR 122 115, 200 38, 400 153, 600 E to D 24" line Line Extension - CR 122 -DtoC 18" line 86 21 -109. 115.200 Subtotal $471,600 $176,400 $648, 000 Zoom Lane Extension to Brushy Creek 216,000 43, 200 259, 200 Regional Treatment Plant .Dto 18" line Graywater Irrigation Line -0- 255.600 255.600 Subtotal $216,000 $298,800 $514,800 Total $687, 600 $475,200 $1,162,800 I:\man,r"0o\e5er\00rsv aois1.02 EX "B" - 1 TO P FROM Q PHONE OALL BACK CALL RETURNED EEVO C ISU L � FWILL ALL Lam D�TE, J TIM , i � ' r "( J DE 1 PM AM ARE C _ O , r y��' / � " j� NO.' d [T V _Q � `Q EXT. ISIGNE WAS IN L7 URGENT * *.4 :+: * * * * * * * * * * * * * * * * * * * * * : {: :k * * k: * * * A: *:% * * * * * * * * * * * * * * * * :k * * * * * * * * * * * * * * P.01 * * TRANSACTION REPORT * * NOV— 7 -88 MON 15 :01 * * * DATE START' RECEIVER TX TIME PAGES NOTE • NOV— 7 14:52 3282139 8'55" 11 OK * * a: *****************4***4* 4*` k********** *4** * * ***** *+ * * ** * *. * * **** *** ** URGENT INFORMATION REGARDING FAX TRANSMISSION DATE: /` ID?) SENDER'S NAME: 4c C IA k SENDER'S COMPANY: `+ RECEIVER'S NAME:.�1YY\ PAA Il RECEIVER'S COMPANY: FAX NUMBER: 139 PAGES TO FOLLOW: IC). IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL: 512/244 -2288 or 0 bOb 6 en new LATE: SENDER'S NAME: PAGES TO FOLLOW: PACK 'N• MAIL MAILING CENTER South Towne Plaza 1701 S. !Macs, Suite J Round Rock, Texas 78664 (512) 244 -2288 FAX (512) 255 -8495 URGENT INFORMATION REGARDING FAX TRANSMISSION SENDER'S COMPANY: RECEIVER'S NAME: RECEIVER'S ADDRESS: PHONE N', "•'BER: IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL US AT 512/244 -2288 IMMEDIATELY. CUSTOMER SATISFACTION IS OUR FIRST CONCERN!!!