Loading...
R-91-1599 - 4/11/1991WHEREAS, on the 12th day of June, 1986, the City of Round Rock, and the owners of properties located in southeast Round Rock, entered into the Southeast Round Rock Water Service Agreement (REVISED) and the Southeast Round Rock Wastewater Service Agreement (REVISED) (hereinafter called "Agreements "), said Agreements being attached hereto as Exhibits "A" and "B ", and WHEREAS, the field notes described in Exhibit "H" of said Agreements are incorrect in that they did not accurately describe the properties owned by the Windy Terrace Joint Venture (now the Dedear Company), one of the signers of the Agreements, and WHEREAS, water and wastewater service measured in living unit equivalents ( "LUE's ") were assigned to each of the properties in the Agreements, and WHEREAS, the City of Round Rock desires to correct the above - described error in the Agreements by transferring the LUE's originally assigned to the property described in Exhibit "H" of the Agreements to the 37.352 acre tract described in Exhibit "C ", attached hereto, Now Therefore - BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all (LUE's) that were assigned to the property listed in Exhibit "H" of the Agreements are hereby transferred to the 37.352 acre tract described in Exhibit "C/ "11 attached hereto. RESOLVED this I� day of C� , 1991. RSLUES RESOLUTION NO. 159 4 e- ATTEST: JO NE LAND, City Secretary 2. MIKE ROBINSON, Mayor City of Round Rock, Texas SOUTHEAST ROUND ROCK WATER SERVICE AGREEMENT (REVISED) STATE OF TEXAS COUNTY OF WILLIAMSON LXHID1T "A" • • • • • THIS VISED AGREEMENT is made and entered into on this day of (.1 1986, by and between the City of Round Rock, Te s� ("City") and Round Rock Industrial Park, a Texas General Partnership, John Lloyd Development, MB Joint Venture, int Charles D. Becker, Trustee, North University Business Park Joint Venture, James K. Eichleberger, Jr., DeDear Company, General Partnership, Glen C. Anderson, Trustee, Elmer Beese, Thomas Joint Joel Venture, and and Louann Glenn Elizabeth wife, Janet Glenn, ( "Landowners "). Recitals WHEREAS, most of the foregoing Landowners and others not now named previously entered in a Water Service Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the financing of the project described below, and WHEREAS, the above -named Landowners own property in an area generally southeast of the City's limits, said area hereinafter designated as the "Study Area," and said properties being shown on Exhibit "A" attached hereto, and WHEREAS, the Study Area does not presently have access to any municipal water service, and WHEREAS, a study performed by the engineering firm of Haynie & Kallman, Inc. has determined that in order for the Study Area to have access to City's water system, certain improvements consisting of a water storage tank, booster pump station and transmission lines must be constructed, and • WHEREAS, Haynie & Kallman, Inc. estimate that the cost of constructing said improvements is $2,893,163.74, and estimate that the completion will occur the spring of 1987, and WHEREAS, the city does not have current funds available for the construction of said improvements, and WHEREAS, in order to construct the needed improvements on a timely basis, as well as to take advantage of the economic benefits to be derived from sharing the construction costs, Landowners wish to joiny contract with in the e City to s administer of the the constructio and of the improvements, and WHEREAS, Landowners now wish to enter into this Revised Agreement to supercede and replace the previous Agreement, Now Therefore, It is Agreed That Landowners own the number of acres within the Study Area as indicated below: NAME 1. Round Rock Industrial Park JWATERAG I. NUMBER OF ACRES 142.91 MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" 2. John Lloyd Development 3. MB Joint Venture 4. Charles D. Becker, Trustee 5. North University Business Park Joint Venture 6. James K. Eichleberger, Jr. 7. DeDear Company 8. Glen C. Anderson, Trustee 9. Elmer Beese II. 117.50 196.97 41.9487 100.00 100.09 59.178 26.841 5.35 10 Thomas Joel Davidson and wife, Louann Elizabeth Davidson 5.19 11. Pentad Joint Venture 460.00 12. Billy W. Glenn and wife, Janet C. Glenn 83.646 "Fn "Gn "B" "Iu • "Jn nKu nMn The capacity of the water system improvements to be constructed shall be measured in terms of Living Unit Equivalents ( LUE's). A 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 an LUE is deemed to consume 1440 gallons per day of water. Landowners agree to reserve for their respective trac=s of land and the City agrees to provide the number of LUE's in the improvements as indicated below: NAME LUE's 1. Round Rock Industrial Park 715 2. John Lloyd Development 550 3. MB Joint Venture 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture 450 '6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 2 . 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 the following formula: Building Area X 6 X Land Area in Acres = LUE's Land Area As used herein the term "Building Area" includes only the footprint of each commercial /industrial building and does not include driveways, walkways, etc. Landowners shall be entitled to allocate their LUES to their respective tracts, or any portion thereof, as they deem advisable. In the event of transfer of any respective tract, or any portion thereof, the City, unless notified as set forth hereinafter, may deem that a pro rata number of LUES are transferred with the conveyed property in accordance with the ratio between the area of the conveyed property to the total area of the property of the Landowner owning such property at the inception of this Agreement. Provided, however, any Landowner may designate in writing to the City the amount of LUEs transferred with the'conveyance of any tract of any portion thereof. Landowners shall not be permitted to transfer or assign their right to LUES of line capacity except as follows: 1. To any purchaser of their respective tracts, or any portion thereof; 2. To any other Landowner; 3. To any property not described in the Exhibits hereto, provided such property shall be (i) adjacent and abutting to property described in the Exhibits hereto and (ii) owned by a Landowner who retains ownership of the adjacent and abutting property described in the Exhibits hereto. As stated above, the estimated cost of the improvements including engineering fees and two and one -half percent (2.5 %) for unforeseen contingencies is $2,893,163.74. In addition, the City shall be entitled to a fee of $10,000.00 for administering this contract, for a total estimated project cost of $2,903,163.74. The administrative fee shall include all expenses and fees of the City Attorney, City Engineer and other members of the City Staff for negotiating bidding and administering the project and construction of the facilities contemplated herein. This fee is not in lieu of any development fees required by ordinance for the actual development of Landowners' property. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw request, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the City's standard practices regarding Capital Improvement Program projects. 3. NUMBER OF LUE's ' IV. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain onsite costs attributable to each tract plus their pro rata share of the remaining cost. The Landowner's share of said remaining costs shall be equal to the percentage that each Landowner's number of reserved LUE's bears to the total number of LUE's reserved by all Landowners. The total amount due from each Landowner is hereinafter referred to as Landowner's "pro rata share." Upon execution of this Agreement by each Landowner, said Landowner shall deposit with the city Finance Director cash or certified funds in an amount equal to ten percent (10 %) of the Landowner's pro rata share of the estimated project cost, which amount shall be used for design, engineering, and payment to the city of its administrative charge. Within ten (10) days of receiving notice from the City that the Mayor has executed this Agreement, each Landowner shall deposit with the City an irrevocable letter of credit in the amount of the remainder of each Landowner's pro rata share issued by a financial institution whose principal office is within the State of Texas, in the form attached to this Agreement as Exhibit "N ". The City Engineer and the engineering firm of Haynie & Kallman shall immediately proceed to design the necessary improvements to the City water system to provide line capacity to the owe rs ry u property in the number of LUEs rese reserved. The City, upon receipt satisfactory design plans and specifications, shall immediately cause the project to be bid in accordance with normal City procedures. In the event the amount of the bid which the city deems best and acceptable is less than or equal to the total estimated project costs as set forth in Section III plus ten percent (10 %), then in such event, each Landowner agrees to pay his pro rata share of the total actual project cost including any increase. In the event of any increase, each Landowner agrees to provide a substitute letter of credit in the appropriate adjusted amount within ten (10) days upon receipt of written request from the City. In the event the acceptable bid exceeds the total estimated project cost by more than ten percent (10 %), the City and Landowner shall meet as soon as possible to discuss alternatives to the acceptable bid. Any Landowner shall have the option to withdraw from the Agreement within ten (10) days from the date of such meeting. Failure of any Landowner to provide notice to the City in writing of their intent to withdraw within such ten (10) day period shall be deemed to be such Landowners agreement to pay his pro rata share of the total actual project cost, including any increase. Each Landowner shall provide a substitute letter of credit in the appropriate adjusted amount within ten (10) days after receipt of written request from the City, which request shall not be sent until after the meeting described above has taken place. In the event any Landowner takes the requisite action required hereunder to withdraw from the Agreement, such Landowner's liability hereunder shall immediately terminate and shall be returned its letter of credit, undrawn, marked on its face "Cancelled ", but shall not receive any refund of the cash monies previously deposited with the City. In the event the acceptable bid is less than the total estimated project cost as set forth in Section III above, then in such event, each Landowner shall be entitled to substitute their respective letter of credit with an identical letter of credit in an adjusted amount equal to the pro rata share of such Landowner in the acceptable bid plus ten percent (10 %) contingency. In the event there are cost savings during the term of the construction of the improvements contemplated hereunder, upon completion of the improvements and their acceptance by the city, any remaining cash funds plus interest thereon held by the City Finance Director in the account set forth pursuant to Section V hereof, shall be 4. refunded to the Landowners pro rata in accordance with their respective contribution to the total project cost. V . 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 interest bearing account and with the exception of the administrative fee, shall not be spent for any purpose other than for costs directly associated with the design and construction of the improvements . contemplated herein. The account shall be administered by the City Finance Director in accordance with his standard practices regarding City Funds so as to obtain the maximum practical level of interest consistent with other City deposits. VI. Landowners understand that the actual placement of the water line will result in some tracts being crossed by the line and some tracts not having immediate access to the line. The landowners who own tracts actually crossed by the line agree to grant to the City at no cost, reasonable easements for the placement, construction, maintenance and repair of the line. Landowners also agree to grant to the City at no additional cost reasonably required easements for the placement, construction, maintenance and repair of any "feeder" lines to provide water service to outlying tracts. While every attempt will be made to locate the required easements along property lines and other locations most convenient to Landowners, it is understood this is not always possible. It is agreed that the final determination of the best location for the easements will be made by the City in conjunction with Haynie & Kallman, Inc. VII. It is understood and agreed by Landowners that at the present time the city does not have the actual major transmission line and treatment plant capacity to provide water service for all future growth that is expected to occur in the City's water service area in general, or the Study Area in particular. In anticipation of significant growth, the City has adopted a five year Capital Improvement Program which includes expansion of the transmission system and treatment plant capacity. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary transmission system and plant expansion might be delayed or even cancelled. Accordingly, while Landowners have reserved capacity in the water system improvements contemplated herein, no capacity in the existing or future treatment plants is being reserved. Available capacity in the treatment plant(s) will be allocated to users in the entire service area on a "first come - first served" basis as water service is actually needed. VIII. Landowners understand that the improvements shall be and remain the sole property of City and that Landowners shall have no ownership interest whatsoever in the improvements, whether during construction or upon final completion. IX. It is understood and agreed by Landowners that the City Council has adopted a policy that generally requires that property be 5. annexed to the City before utility services are provided, and that this contract shall in no manner be construed as altering or amending that policy and that annexation will probably be required before the property is actually served with utilities. However for those tracts which are currently, or may become, outside the extraterritorial jurisdiction of the City, the City does agree that they will not be refused service merely for. the reason that they cannot be annexed to the City. X. The Landowners who executed the previous agreement and the City agree that this Revised Agreement replaces and supercedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. XI. 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. XII. Special Provisions The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their successors or assigns in title to the property described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for in accordance with the formula contained in Exhibit "0" attached hereto. XIII. 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. 6 . ATTEST: I . ♦. / /./y i % . / /S :anne Land, C ty Secretary LANDOWNERS: F. This contract is executed in multiple originals on the dates indicated beside each signature and shall be effective as of the date executed by the Mayor of Round Rock. G. This contract shall not become effective unless executed by all parties, provided however, if one or more of the named parties fail to execute it, the City and other parties shall have the option of assuming the financial obligations of all non - signing parties and in that event the Contract shall be effective regardless of the failure to execute. If one or more parties fail to execute and no one agrees to assume the non - signing party's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. CITY OF ROUND ROCK By: 41 �L Mike Robinson, Mayor (date) By: Zgg 1. ROUND ROCK INDUSTRIAL PARK / 1 (ciat ) 2. JOHN Y VFO ,LPMEPIT(� `! / - g 6 By: V` \' /XJ\ (date) 3. MB JOINT dITURE (date) Ot044,41 CHARLES D. BECKER, Trustee (d te) 5. NORTH UNIVERSITY BUSINESS PARK JOINT V ^NTURE JAMES K. EICHLEBERG 7. DeDEAR CO1PANY B - X y� C �� 7. ��11 - g6 (date) 8. 9. alter✓ C3)211(1-12--.1 4-//- a 6 ELMER BE SE (date) THOMAS J50'1 DA IDSON (date) OUANN ELIZABETH DAVIDSON 10 11. PENTAD JOINT VENTURE 12. D JA N . Qm . 41)15110 GLEN C. ANDERSON, Trustee a ) Bill Kitts, (date) Managing Partner JAI T C. GLENN 8. (date) (date) 6 /o i6 (date) APPENDIX I. (Water Project) Landowners pro rata share of the total project cost. Landowner Pro rata share 1. Round Rock Industrial Park $ 421,485.35 2. John Lloyd Development 324,219.50 3. MB Joint Venture 566,426.65 4. Charles D. Becker, Trustee 147,961.99 5. North University Business Park Joint Venture 349,614.50 6. James K. Eichleberger, Jr. 294,745.00 7. DeDear Company 117,898.00 8. Glen C. Anderson, Trustee 162,109.75 9. Elmer Beese 14,737.25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 14,737.25 11. Pentad Joint Venture 194,531.70 12. Billy W. Glenn and wife, Janet C. Glenn 92,229.00 13. Funds paid by previous participants 87,693.40 14. City of Round Rock's share 114,774.40 Total Estimated Project Cost 2,903,163.74 Water Improvements * Windy Park • Total Cost - Total Onsite) = Cost /LUE Total LUE Wastewater Improvements (Total Cost - Total Onsite) = Cost /LUE (Total LUE - 251 *) SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS Formula Used for Determinin Cost Per LUE ' HIP Inlll J . • Fun A 59,178 -ACRE TRACT OF LAND OUT OF THE ASA THOMAS ' SURVEY ABSTRACT N0. 609 iN :WILLiAMSON COUNTY,:TEXAS, BEING ALSO A PORTION .OF A '95.41- RECORD ME 418 PAGE 392 OF RECORDS OF WiLLIAMSON COUIITY,•TEXAS, SAiD-59.178 -ACRE TRACT', . OF LANG BEING MORE PARTICULARLY DESCRIBED DY ,'METES „ AND BOUNDS AS FOLLOWS;• . for refere at a 60d nail found in the southerly line of Gattis School Road being .also in the common boundary line of tract of land in the name of V.L.•;Jakub and J.M. ROW the Deed , Records of Jakub a 5.00-acre c 95441 -ac9e 912 of of r ecord Road ..37'59"W acre tract of land,.thence with the southerly ROW nt line of TGattis School noa.h5l for a distance of 126.88 feet' to an iron rod d set t for the most and so st t y. northeast corner. and POINT OF BEGINN1NG'hereof; • 1427.14 feet toHan Cironerodtset foraan0inside corner9hereof.for a distance of • set .in THENCE, 1473'24'44 "E for a distance of 120.26 ' the fenced common boundary line between a 100 -acre tract of land in name of J.M. Stobou eet to an iron rod name f J . County, g 'record in Volume 218, p southerl and said• ege ac of fhe Deed R• the Y•no rtheast corner hereof; 95'41 -acre tract ecords of of land for the most THENCE, with said of ' 1HE0,, feht common boundary line as fenced 519 '19'45 "E at • alstance 2293,85 feet '1 6 1 e et found an iron' southerly common' pipe found, 2293.5 et to t at most for a t cor l ner of of hereof; and said 95.41-acre tract° s for the most southeasterly said Y corner .. V . ; � . a4 " a �h`NCE,'with the southerly boundary line of said 95.41_ 4 " a distance of e et feet, a point from which an iron rod 95.4I-acre tract opt'' ;' :d found, and ' - f a n a.itonalipefound of 1095.04 an °i sa'•`' 95.4I tract said t iron rod found bin found an bears 5 73 "23'27 "W for a southwesterly the pe rt e teal Corner hereof; Y corner THENCE, with the• comno,t boundary ih: of Mrs. th!. " of William Hed wig Bland of record In Volume a tract of Rico, son.County, Texas, 41- 11 tract land T Bland of 6A feet to an and said g a acre asterl cor ('said Irsct for an angle iron rod found at a northeasterly fsa a 9 poin,t•in the was er.l Y corner of said THENCE, with common b undar. "3 ")e of Doyle HENCE, with et d NE `' rs °` Williamson I�x•( hetween tract in e th ,..e y7•J4 " County, +;Texas, ,reC r¢sai�Volume 526, P agel C O,,of.,the Deed f0_ a a distance of 5g. . •95;01 -acre ,as fenced total distance of 1650,E 3 feet and 545 'feet � ek , fort a t tal disc hereof; of; I 8 v f eetl to.lai I i,r, • on nod for entelrl m ne of a t � q ` ! I 1i 1 1:, 'if; , the moSl:. southerly • y . ; f THENCE, departi, I 1 i I I'• lime . • I : 1 � eat to HE C Eon rod ri ,A ide le 1273 24'44 1 set; THENCE for E•nor a distance of corner hereof; ' ; 1 't r:: the. southerly N19' 191 for I '„ Y ROW. f a di Lance; of 1445, 48. felt ,to an iron ,rod ,rt•1 .S t ine corner hereof; i ,, I of`Gat t,is1.5cho 1 ,B for i hr , • ; 11.11 4 Yost ., rr':hr!, 1 THENCE, with }' :,,,,, • ''59 "E for a distance of,t63,iggof therlyl IROW', of r.' I I , I eet_4oi the POII 11' •i i' 11 7 't iI: ((t�, • �'snoon is olm >•• Public Surveyor • 1'•85 rt. 229•!•001 -101 Q e 11 SOUTHEAST ROUND ROCK WASTEWATER SERVICE AGREEMENT (REVISED) STATE OF TEXAS COUNTY OF WILLIAMSON THIS R V SED AGREEMENT is made and entered into on this is day of , 1986, by and between the City of Round Rock, Tex ( "City ") and. Round Rock Industrial Park, a Texas General Partnership, John Lloyd Development, MB Joint Venture, Charles D. Becker, Trustee, North University Business Park Joint Venture, James K. Eichleberger, Jr., DeDear Company, a Texas General Partnership, Glen C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife, Louann Elizabeth Davidson, Pentad Joint Venture, and Billy W. Glenn and wife, Janet C. Glenn, ( "Landowners "). WHEREAS, Kallman, Inc. have access consisting of . WHEREAS, constructing NAME • • EXHIBIT "B" ' • • • Recitals WHEREAS, most of the foregoing Landowners and others not now named previously entered in a Wastewater Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the financing of the project described below, and WHEREAS, the above -named Landowners own property in an area generally southeast of the City's limits, said area hereinafter designated as the "Study Area ", and said properties being shown on Exhibit "A" attached hereto, and WHEREAS, the Study Area does not presently have access to any municipal wastewater service, and a study performed by the engineering firm of Haynie & has determined that in'order for the Study Area to to City's wastewater system, certain improvements a major wastewater line must be constructed, and Haynie & Kallman, Inc. estimate that the cost of said improvements is $1,000,277.90, and estimate that the completion will occur the spring of 1987, and WHEREAS, the City does not have current funds available for the construction of said improvements, and WHEREAS, in order to construct the needed improvements on a timely, basis, as well as to take advantage of the economic benefits to be derived from sharing the construction costs, Landowners wish to jointly finance the construction of the improvements, and to contract with the City to administer the construction of the improvements, and WHEREAS, Landowners now wish to enter into this Revised Agreement to supercede and replace the previous Agreement, Now Therefore, It is Agreed That: I. Landowners own the number of acres within the Study Area as indicated below: NUMBER OF ACRES 1. Round Rock Industrial Park 142.91 JWSTAGRT MORE PARTICULARLY DESCRIBED IN EXHIBIT 2. John Lloyd Development 117.50 3. MB Joint Venture 196.97 4. Charles D. Becker, Trustee 41.9487 5. North University Business Park Joint Venture 100.00 6. James K. Eichleberger, Jr. 100.09 7. DeDear Company 59.178 8. Glen C. Anderson, Trustee 26.841 9. Elmer Beese 5.35 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 11. Pentad Joint Ventura 12. Billy W. Glenn and wife, Janet C. Glenn II. 5.19 460.00 83.646 ICn uKn nLn 11141 The capacity of the wastewater line to be constructed shall be measured in terms of Living Unit Equivalents (LUE's). A 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 an LUE is deemed to produce a peak wet weather flow of 350 gallons per day of wastewater. Landowners agree to reserve for their respective tracts of land and the City agrees to provide the number of LUE's in the line as indicated below: NAME LUE's 1. Round Rock Industrial Park 715 2. John Lloyd Development 550 3. MB Joint Ventura 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture 450 6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 2. The number of LUE's for residential uses shall be determined as follows: TYPE OF NUMBER OF RESIDENTIAL UNIT 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 the following formula: Building Area X 6 X Land Area in Acres = LUE's Land Area As used herein the term "Building Area" includes only the footprint of each commercial /industrial building and does not include driveways, walkways, etc. Landowners shall be entitled to allocate their LUEs to their respective tracts, or any portion thereof, as they deem advisable. In the event of transfer of any respective tract, or any portion thereof, the City, unless notified as set forth hereinafter, may deem that a pro rata number of LUEs are transferred with the conveyed property in accordance with the ratio between the area of the conveyed property to the total area of the property of the Landowner owning such property at the inception of this Agreement. Provided, however, any Landowner may designate in writing to the City the amount of LUEs transferred with the conveyance of any tract of any portion thereof. Landowners shall not be• permitted to transfer or assign their right to LUEs of line capacity except as follows: 1. To any purchaser of their respective tracts, or any portion thereof; 2. To any other Landowner; 3. To any property not described in the Exhibits hereto, provided such property shall be (i) adjacent and abutting to property described in the Exhibits hereto and (ii) owned by a Landowner who retains ownership of the adjacent and abutting property described in the Exhibits hereto. III.' As stated above, the estimated cost of the improvements including engineering fees and two and one -half percent (2.5 %) for unforeseen contingencies is $1,000,277.90. In addition, the City shall be entitled to a fee of $10,000.00 for administering this contract, for a total estimated project cost of $1,010,277.90. The administrative fee shall include all expenses and fees of the City Attorney, City Engineer and other members of the City Staff for negotiating, bidding and administering the project and construction of the facilities contemplated herein. This fee is not in lieu of any development fees required by ordinance for the actual development of Landowners' property. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw requests, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the City's standard practices regarding Capital Improvement Program projects. 3. Iv. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain onsite costs attributable to each tract plus their pro rata share of the remaining cost. The Landowner's share of said remaining costs shall be equal to the percentage that each Landowner's number of reserved LUE's bears to the total number of LUE's reserved by all Landowners. The total amount due from each Landowner is hereinafter referred to as Landowner's "pro rata share." Upon execution of this Agreement by each Landowner, said Landowner shall• deposit with the City Finance Director cash or certified funds in an amount equal to ten percent (10 %) of the Landowner's pro rata share of the estimated project cost, which amount shall be used for design, engineering, and payment to the City of its administrative charge. Within ten (10) days of receiving notice from the City that the Mayor has executed this Agreement, each Landowner shall deposit with the City an irrevocable letter of credit in the amount of the remainder of each Landowner's pro rata share issued by a financial institution whose principal office is within the State of Texas, in the form attached to this Agreement as Exhibit "N ". The City Engineer and the engineering firm of Haynie & Kallman shall immediately proceed to design the necessary improvements to the City water /wastewater system to provide line capacity to the Landowners property in the number of LUEs reserved. The City, upon receipt of satisfactory design plans and specifications, shall immediately cause the project to be bid in accordance with normal City procedures. In the event the amount of the bid which the City deems best and acceptable is less than or equal to the total estimated project costs as set forth in Section 1II plus ten percent (10 %), then in such event, each Landowner agrees to pay his pro rata share of the total actual project cost including any increase. In the event of any increase, each Landowner agrees to provide a substitute letter of credit in the appropriate adjusted amount within ten (10) days upon receipt of written request from the City. In the event the acceptable bid exceeds the total estimated project cost by more than ten percent (10 %), the City and Landowner shall meet as soon as possible to discuss alternatives to the acceptable bid. Any Landowner shall have the option to withdraw from the Agreement within ten (10) days from the date of such agreement meeting. Failure of any Landowner to provide notice to the City in writing of their intent to withdraw within such ten (10) day period shall be deemed to be such Landowners agreement to pay his pro rata share of the total actual project cost, including any increase. Each Landowner shall provide a substitute letter of credit in the appropriate adjusted amount within ten (10) days after receipt of written request from the City, which request shall not be sent until after the meeting described above has taken place. In the event any Landowner takes the requisite action required hereunder to withdraw from the Agreement, such Landowner's liability hereunder shall immediately terminate and shall be returned its letter of credit, undrawn, marked on its face "Cancelled ", but shall not receive any refund of the cash monies previously deposited with the City. In the event the acceptable bid is less than the total estimated project cost as set forth in Section III above, then in such event, each Landowner shall be entitled to substitute their respective letter of credit with an identical letter of credit in an adjusted amount equal to the pro rata share of such Landowner in the acceptable bid plus ten percent (10 %) contingency. In the event there are cost savings during the term of the construction of the improvements contemplated hereunder, upon completion of the improvements and their acceptance by the City, any remaining cash funds plus interest thereon held by the City Finance Director in the account set forth pursuant to Section V hereof, shall be 4. refunded to the Landowners pro rata in accordance with their respective contribution to the total project cost. V. 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 interest bearing account and with the • exception of the administrative fee, shall not be spent for any purpose other than for costs directly associated with the design and construction of the improvements contemplated herein. The account shall be administered by the City Finance Director in accordance with his standard practices regarding City Funds so as to obtain the maximum practical level of interest consistent with other City deposits. VI. It is contemplated that in the future other landowners and /or developers of other land within the Study Area may seek to reserve capacity in or connect to the wastewater improvements. As reservations or actual connections are made, the City agrees to reimburse Landowners the amount of $75.00 per LUE to be served plus interest on said amount at the rate of twelve percent (12 %) per annum from date of this contract. (The foregoing reimbursement amount is subject to adjustment based on the actual project cost.) The LUE fee shall be charged to subsequent users at the time their subdivision plat is filed with the City or when an application is made for wastewater service, whichever first occurs. The reimbursement shall be made to Landowners on the same prorate 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. Pursuant to Chapter 8, Sec. 6.K.(10)(c), Code of Ordinances, City of Round Rock, the obligation of the City to reimburse costs shall absolutely terminate five (5) years from date of this contract. VII. Landowners understand that the actual placement of the wastewater line will result in some tracts being crossed by the line and some tracts not having immediate access to the line. The landowners who own tracts actually crossed by the line agree to grant to the City at no cost, reasonable easements for the placement, construction, maintenance and repair of the line. Landowners also agree to grant to the City at no additional cost reasonably required easements for the placement, construction, maintenance and repair of any "feeder" lines to provide wastewater service to outlying tracts. While every attempt will be made to locate the required easements along property lines and other locations most convenient to Landowners, it is understood this is not always possible. It is agreed that the final determination of the best location for the easements will be made by the City in conjunction with Haynie & Kallman, Inc. VIII. It is understood and agreed by Landowners that at the present time the city does not have the actual major interceptor and treatment plant capacity to provide wastewater service for all future growth that is expected to occur in the City's wastewater service area in general, or the Study Area in particular. In anticipation of significant growth, the City has adopted a five year Capital Improvement Program which includes expansion of the collection system and treatment plant capacity, which is currently expected to be in operation sometime in 1987. However, due to circumstances beyond the control of the City and which are not 5. presently contemplated by the parties, the necessary collection system and plant expansion might be delayed or even cancelled. Accordingly, while Landowners have reserved capacity in the wastewater line contemplated herein, no capacity in the existing or future treatment plants is being reserved. Available capacity in the treatment plant(s) will be allocated to users in the entire service area on a "first come - first served ".basis as wastewater service is actually needed. IX. Landowners understand that the improvements shall be and remain the sole property of City and that Landowners shall have no ownership interest whatsoever in the improvements, whether during construction or upon final completion. X. It is understood and agreed by Landowners that the City Council has adopted a policy that generally requires that property be annexed to the City before utility services are provided, and that this contract shall in no manner be construed as altering or amending that policy and that annexation will probably be required before the property is actually served with utilities. However for those tracts which are currently, or may become, outside the extraterritorial jurisdiction of the City, the City does agree that they will not be refused service merely for the reason that they cannot be annexed to the City. XI. 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. X II. The Landowners who executed the previous agreement and the City agree that this Revised Agreement and the City agree that this Revised Agreement replaces and supercedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. XIII. Special Provisions The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their successors or assigns in title to the property described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for in accordance with the formula contained in Exhibit "0" attached hereto. XIII. 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. 6. 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. F. This contract is executed in multiple originals on the dates indicated beside each signature and shall be effective as of the date executed by the Mayor of Round Rock. G. This contract shall not become effective unless executed by all parties, provided however, if one or more of the named parties fail to execute it, the City and other parties shall have the option of assuming the financial obligations of all non - signing parties and in that event the Contract shall be effective regardless of the failure to execute. If one or more parties fail to execute and no one agrees to assume the non- signing party's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. ATTEST: CITY OF ROUND ROCK anne Land, ity Secretary LANDOWNE•:: X S/i i Q UI7G By: .1. l Mike Robinson, Mayor 1. ROUNI ROCK INDUSTRIAL PARK e_4_4,_t (7 it /V(e7 2. JOHN � EN By: )(� 6-11-06 (date) 3. MB JOINT VENTURE 7. (date) (date) (date) 4 4 5. NORTH UNIVERSITY BUSINESS PARK JOINT VENTURE 6. 7. DeDEAR COMPANY 8. c L C , OLAN G EN C. ANDERSON, Trustee s. e41_44l Yl2_84JL- 12. HARLES D. BECKER, Trustee By: 0441 ( date) JAMES K. ICHLEBERGE ELMER GEESE 11. PENTAD JOINT VENTURE By: /O Bill Kitts, Managing Partner BILLY W. GLE N 8. (date) (date) rr (� ( at ) lv - 0 - 86 (date) THOMAS JOtL DAVIDSON (dde) ` /P f2J� /2i' �il�!dCL/,•`G L r'�' LOUANN ELIZABETH ,,BAVIDSON (date)/ (date) J ET C. GLENN (date) APPENDIX I. (Wastewater Project) Landowners pro rata share of the total project cost. landowner 1. Round Rock Industrial Park 2. John Lloyd Development 3. MB Joint Venture' 4. Charles D. Becker, Trustee 5. North University Business Park Joint Venture 6. James K. Eichleberger, Jr. 7. DeDear Company 8. Glen C. Anderson, Trustee 9. Elmer Beese 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 11. Pentad Joint Venture 12. Billy W. Glenn and wife, Janet C. Glenn 13. Funds paid by previous participants Total Estimated Project Cost Pro rata share $ 163,842.90 119,493.00 200,965.50 - O - * 156,007.00 108,630.00 57,471.20 59,746.50 5,431.50 5,431.50 71,695.80 21,726.00 39,837.00 1,010,277.90 * Charles D. Becker, Trustee has previously paid for an on -site wastewater line at a cost of approximately $107,000.00 for which credit has been given for his pro -rata share of the project and his participation in this Agreement. *Windy Park SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS Formula Used for Determininq Cost Per LUE Water Improvements (Total Cost - Total Onsite) = Cost /LUE Total LUE Wastewater Improvements (Total Cost - Total Onsite) = Cost /LUE (Total LUE - 251 *) I 11 11+' I L;, ' . FOR A 59,178 -ACRE TRACT OF LAND OUT OF THE ASA THOMAS SURVEY ABSTRACT N0, ' 609 IN :WILLIAM COUNTY,,TEXAS 41- COUNTY TRACT OF BEING ALSO A PORTION RECORD IN VOLUME 418, P 392 OFhtT1,EFDEEDY RECO OF OF WiLLIAMSON COUf1TY,•TEXAS, SAiD 59,178 -ACRE TRACT RETOR • OF LAND BEING MORE PARTICULARLY DESCRIBED OY AND BOUNDS AS FOLLOWS:, :METES lirie• •.BEGIf1N1NG� for reference at a 60d �� • Gattls School Road being also in the common b oundar' tract of )and in nail found in,• 844, the name or Y. southerly ROW 95.41 -Page 912 of the Deed L•':Jakub and J.M. Jakub Y line of a 5.00-acre Road ..S89° '59 of land, Dhed ,Records chsheor Williamson °f record , ex southerl ine of Teattis School Road.. 8' '59" for a distance of 126 88 f y'ROW line of and said corner.and POINT e ING re iron rod Gattls School • OF BEGINNING hereof; od set for the most' 1427.74 THENCE, .departing feet to an iron rod se sord ROW'line S19.19'45 "E for a distance of .en inside corner ° hereof; THENCE set •.1n the fenced ' N73.24'44 "E for a distance na set I n J.M. enceducommon boundary line of 0 -a r feet to an a o J. Count 9h of 'record in Volume 218, a 100- iron rod southerl st Taxer,• hereof; said a 218, Page 18o or tract of land in the of y.nor , corner he 95.41 - acre t of Deed for Most •• land for the most THENCE,' )iENCE,•with said 2 293. BS feet to an feet common boundary line as f tract an Iron rod found at iron ost pipe found for a fenced tcorner si r ce a 100 - aci' • hereof; said 95 .41 -acr southerly common' distance of tract° f corner of said the most southeasterly COrner - yV • T � . 1HFNCE, 'with the • a? a ICf, feet So a point from which a southerly boundary Brie of i 7,3* .;d. f distance of e fee said 95 . 4 / - acre ou d!:F .. found, a nd o f t + for a.total distance iron rod tract t of 212.32 rom .which- an of od found be °i S4 "4 95 . 4 1-acre 21 feet•, said iron rod iron pipe found hears feet to an acre tract and t.Ir most found being the most Si 3 23 27••+a for a so uthwesterl s rutfwester) • THENCE, Y corner hereof; Y corner ih: of Hrs. E , with the comno,; boundary R . . of son.CedwIg B land of record nl V o l u m et 11 0 , pa the'0 a tract of land Rico- of 642.90 y Texas, 41-ac 110, in Bland tr•sct for feet to an and said 95,41 -acre tea 9e 284 of '" ed an i ron rod found tract ly corner r angle poln,t•in the.,w ound at a northeasterly 24. "W for a es erl� I,1n ) corner THENCE with " '� I',hereof; of said � ° Doyle Nickerson C0r°non b under • .1.; of of Williamson County, Ili e.lof,,Telq ,'i. ¢cyn,IVolume 5 tract in the =..e" ;i a y, I; Texas 1 fo- a total distance of 5 Z3 feet `r�n5Qq sf a •.95141 -acre s H of, the Deed fort~:: -:eft cordnerance of 1650 8 1,feet tonsfrt545;feet pass's, :.the m l o •• as fenced hereof; ,1 1 1 -I h i,r,on rod set_fo ti" A l,t I "I : ,the e of a crer.t:, S feet to THENCE, d e partl�9 ryll' fir I j'i1 ' ;: ; . .I 4i t .southerly an iron rod 18,41 Ico?'!m'�on • I ine N73 • •' ' ' od set;Ifor an 1ns.ide corner 2 r' of :. I is distance at t.; the. southerly N19 1 "� fo r • ia o -� hereof; of 'rt :f .s t. corner hereo; ROWI i,,inel of G a t $ii$tance of 14 45.48 f • • i ti w i� �•Schodl.,Road for t h, to a n iron •orl • -7159n TIiEIICE, with •I ' • ' • r•I 1,11 ",'most .nnr•.!,r! +•;f E for a distance of,t63,llcouthe -1 I ' ' �'. • I i (01 t thew+ line• of School 1 44 feet I 1 POINT, OF BEGINNING hereof; � �:7 E•d 8y: 1• ., on is o lm Public Surveyor llo,'14g „ ' • j 1 '•85 +L. :19•'•001 -101 e +! • EXHIBIT rl I �•ii�.4.' DESCRIPTION FOR A 37.352 -ACRE TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 95.293 -ACRE TRACT OF LAND CONVEYED TO FLOY HOWE BY INSTRUMENT RECORDED IN VOLUME 448, PAGE 392 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 37.352 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a point being the southeast corner of said 95.293 -acre Floy Howe tract of land, being also the southeast corner of a 6.000 - acre portion of said 95.293 -acre tract as conveyed to Windy Terrace by instrument recorded in Volume 1169, Page 32 of the said Official Records, said point being also the southwest corner of a 100 -acre tract of land as conveyed to N. J. Dedear by instrument recorded in Volume 415, Page 157 of said Official Records, thence, with the east boundary line of said 95.293 -acre tract, same being the east boundary line of said 6.000 -acre tract and west boundary line of said 100 -acre tract of land, N19 ° 19'45 "W a distance of 239.12 feet to a point being the northeast corner of said 6.000 - acre tract of land for the POINT OF BEGINNING hereof; THENCE departing the east boundary line of said 95.293 -acre tract of land, same being the west boundary line of said 100 -acre tract of land with the north boundary line of said 6.000 -acre tract, S73 ° 24'44 "W for a distance of 1093.41 ft. to a point being in the west boundary line of said 95.293 -acre tract of land, and the east boundary line of a tract of land conveyed to Hedwig Bland, Nel Heard by instrument recorded in Volume 110, Page 284 of said Official Records, said point being also the northwest corner of said 6.000 - acre tract of land and southwest corner hereof; THENCE with the west boundary line of said 95.293 -acre tract of land same being the east boundary line of said Hedwig Bland, Nel Heard tract of land, N]8 ° 56'24 "W for a distance of 403.85 ft. to a point being the northeast corner of said Hedwig Bland, Nel Heard tract, said point being also the southeast corner of a tract of land conveyed to Doyle Hickerson and wife Evelyn Hickerson by instrument recorded in Volume 526, • Page 50 for an angle point in the west boundary line hereof; THENCE continuing with the west boundary line of said 95.293 -acre tract of land, same being the east boundary line of said Nickerson tract, N18 ° 54'28 "W for a distance of 1092.72 ft. to a point for the northwest corner hereof; THENCE departing said common boundary line thru the interior of said 95.293 -acre Floy Howe tract of land being parallel with the north boundary line of said 6.000 -acre tract of land, N73 ° 24'44 "E for a distance of 1082.62 ft. to a point in the east boundary line of said 95.293 -acre tract of land, same being the west boundary line of said N. J. Dedear 100 -acre tract of land for the northeast corner hereof; THENCE with the east boundary line of said 95.293 - acre tract of land, same being the west boundary line of said 100 -acre tract of land S19 ° 19'45 "E for a distance of 1497.04 ft. to the POINT OF BEGINNING hereof and containing 37.352 acres of landt* Prepared from records by Baker Aicklen & Associates. CJC:ek April 9, 1990 Job No. 489 - 001 -20 SAVE AND EXCEPT the 60' strip of land already conveyed heretofore in Volume 1169, Page 32, Williamson County Official Records, now known as Tract 2. EXHIBIT DATE: April 9, 1991 SUBJECT: City Council Meeting, April 11, 1991 ITEM: 9.F. Consider a resolution correcting the property description of a tract of land which is included in the SOUTHEAST ROUND ROCK WATER AND WASTEWATER AGREEMENTS. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: In June of 1986, the City and several owners of property on the southeastern edge of the City entered into written agreements to construct water and wastewater system improvements. In exchange for bearing the majority of the costs of construction, the landowners received reserved capacity in the improvements, expressed as living unit equivalents (LUE's). One of the property owners provided the City with an incorrect property description. This error was recently discovered and this resolution will correct this error.