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R-93-07-08-9C - 7/8/1993is currently constructing underground utilities to serve the Meadows at Chandler Creek, Section 24, and WHEREAS, AGRI is about to award a contract for the Section One Offsite Drainage Improvements at Chandler Creek, and WHEREAS, the City of Round Rock has required that the drainage facilities being constructed at this time by AGRI be sized to accommodate the 100 -year developed flow requirements of approximately 40 acres of land south of the Meadows at Chandler Creek, Now Therefore, BE TT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with AGRI dated June 15, 1993 detailing certain revisions to the utility and drainage construction project described above, said agreement being attached hereto and incorporated herein as Exhibit "A ". RESOLVED this 8th day of July, 1993. ATTEST: ANNE LAND, City Secretary KS/RESOLUTION RSO7O83C RESOLUTION NO. / 93-07-08- 9C WHEREAS, American General Realty Investment Corporation ( "AGRI ") CHARLES C ER, Mayor City of Round Rock, Texas American General Realty Investment Corporation PO Box 1375 • Houston, Texas 77251 June 24, 1993 Mr. Robert L. Bennett, Jr. City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Dear Mr. Bennett: • AMERICAN GENERAL AC,R' 4 61 Sincerely, Beto Bautista A Su Amo Can tin¢21 Gro on V IA*Ct6U Transmitted herewith are two original letter agreements related to the offsite drainage facilities to be constructed by American General Realty Investment Corporation near Section 24 of the Meadows at Chandler Creek subdivision. We have been working with Jim Neuse on the contents and details of the agreement. We have signed both originals and request that you return the AGIC stamped orignal for our files upon your review and execution of the document. Please call me at 831 -2473 if you should have any questions or need any further information on this matter. AGC25009 American General Land Development, Inc. P 0 Box 1375• Houston, Texas 77251- 1375.713 -522 -1111 June 15, 1993 Mr. Robert L. Bennett, Jr. City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Amerloan Genoral Co poratlen RE: Meadows at Chandler Creek, Section 24; Drainage Facilities Related to Dear Mr. Bennett: This letter is written to evidence the agreement between the City of Round Rock, Texas (the "City ") and American General Realty Investment Corporation ( "AGRI ") concerning certain drainage facilities to be constructed in connection with the AGRI's development of the referenced subdivision. At the present time, the construction of the underground utilities to serve the Meadows at Chandler Creek, Section 24 ( "Section 24 ") is in progress pursuant to plans for such work prepared by Gray Engineering dated March, 1991 (Gray Engineering Job #1135 -5074) and AGRI is about to let a contract for the Section One Offsite Drainage Improvements at Chandler Creek project pursuant to plans prepared by Gray Engineering dated December, 1992, (Gray Engineering Job #1135- 5211). The City has required that the drainage facilities being constructed at this time by AGRI in connection with the development of Section 24 be sized to accommodate the 100 year developed flow requirements of approximately 40 acres of land located to the south of the Meadows at Chandler Creek project owned by a third party (the "Adjacent Tract "), assuming that such land is developed for single family residential purposes. To accommodate the additional drainage requirements of the Adjacent Tract, certain revisions to the two above described projects (the "Projects ") will be required to provide for, among other things, the installation of a second 48 inch diameter drainage pipe running approximately 400 feet. Our agreement concerning the drainage facilities to serve the Adjacent Tract is as follows: (1) AGRI will cause the plans for Gray Engineering Job #s 1135 -5211 and 1135 -5074 to be revised to provide for the installation of a second 48 inch drainage pipe running in a north /south direction from Station 2 + 59.60 to Section 6 + 66.61; (2) The City will approve the revised plans for the Projects as soon as possible; AGRI has advertised for bids for the Section One Offsite Drainage Improvements project pursuant to the plans in accordance with the laws of the State of Texas applicable to municipal utility districts and will either negotiate a change order for the additional 93 -005BB s1 (3) eo° AMERICAN GENERAL 1 Mr. Robert L. Bennett, Jr. June 15, 1993 Page Two facilities or will separately bid the additional work as permitted under applicable laws; (4) As a part of the Section One Offsite Drainage Improvements, AGRI will install a single 48 inch drainage pipe running in an east /west direction from Station 6 + 66.61 to Station 10 + 68.23; the owner of the Adjacent Tract will be responsible for constructing, at its expense, such additional drainage facilities from such stations as may be required to serve the Adjacent Tract and the City will require the construction of such additional drainage facilities at the time the Adjacent Tract is developed; and (5) AGRI will pay all costs of completing the Projects, but the City will reimburse AGRI for a portion of the costs incurred which are associated with the additional 48 inch pipe in the amount of $68.00 per lineal foot of pipe installed up to a maximum of $27,200 within 30 days of receipt by AGRI of the letter of acceptance of construction of the project by the City of Round Rock and provided that AGRI supplied the City with proof of costs incurred. At such time as AGRI develops proposed Section 10 of the Meadows at Chandler Creek, being the approximately 10 acres of land which is west of F.M. 1460, south of Bowman Road, and north of Chandler Creek, AGRI will improve certain drainage facilities to accommodate the 100 year developed flow requirements of the Adjacent Tract. Such improvements will be limited to an increase in the culvert capacity at Bowman Road and a modification of a detention basin operated by the Meadows at Chandler Creek Municipal Utility District to include an overflow spillway at the outlet structure. If the foregoing accurately reflects your understanding of our agreement on this matter, please so indicate by your signature below. Very truly yours, AM GENERAL REALTY INVESTMENT CORPORATION 6 W. Michael Schaffer Regional Director Title: To evidence agreement: City By: Title: 93- 005BB.s1 2 APPROVED AS TO CONTRACT COMPLWHCE PER SPCA NO. 13 LAW 0 PPA 69A 43� . - 7 Alr 14" 07/06/93 16:11 ROUND ROCK PUBLIC WORKS -. 512 255 6676 NO.651 D07 American General Realty Investment Corporation I:0 60. 137x iiou:i n Tcn$ 7161 June 24, 1993 Mr. Robert L. Bennett, Jr. City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Dear Mr. Bennett: Transmitted herewith are two original letter agreements related to the offsite drainage facilities to be constructed by American General Realty Investment Corporation near Section 24 of the Meadows at Chandler Creek subdivision. We have been working with Jim Neuse on the contents and details of the agreement. We have signed both originals and request that you return the AGIC stamped orignal for our files upon your review and execution of the document. Please call me at 831 -2473 if you should have any questions or need any further information on this matter. AMERICAN ic. GENERAL Sincerely, Beto Bautista 67(66/93 16:12 ROUND ROCK PUBLIC WORKS -4 512 255 6676 NO.651 D68 American General Land Development, Inc. P O. Box 137E -Houston. Texas 77251.1375.713- 522.1111 June 15, 1993 Mr. Robert L. Bennett, Jr. City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 RE: Meadows at Chandler Creek, Section 24; Drainage Facilities Related to Dear Mr. Bennett: This letter is written to evidence the agreement between the City of Round Rock, Texas (the "City") and American General Realty Investment Corporation ( "AGRI ") concerning certain drainage facilities to be constructed in connection with the AGRI's development of the referenced subdivision. At the present time, the construction of the underground utilities to serve the Meadows at Chandler Creek, Section 24 ( "Section 24 ") is in progress pursuant to plans for such work prepared by Gray Engineering dated March, 1991 (Gray Engineering Job #1135 -5074) and AGRI is about to let a contract for the Section One Offsite Drainage Improvements at Chandler Creek project pursuant to plans prepared by Gray Engineering dated December, 1992, (Gray Engineering Job #1135- 5211). The City has required that the drainage facilities being constructed at this time by AGRI in connection with the development of Section 24 be sized to accommodate the 100 year developed flow requirements of approximately 40 acres of land located to the south of the Meadows at Chandler Creek project owned by a third party (the "Adjacent Tract "), assuming that such land is developed for single family residential purposes. To accommodate the additional drainage requirements of the Adjacent Tract, certain revisions to the two above described projects (the "Projects") will be required to provide for, among other things, the installation of a second 48 inch diameter drainage pipe running approximately 400 feet. Our agreement concerning the drainage facilities to serve the Adjacent Tract is as follows: (1) AGRI will cause the plans for Gray Engineering Job #s 1135 - 5211 and 1135 - 5074 to be revised to provide for the installation of a second 48 inch drainage pipe running in a north /south direction from Station 2 + 59.60 to Section 6 + 66.61; The City will approve the revised plans for the Projects as soon as possible; AGRI has advertised for bids for the Section One Offsite Drainage Improvements project pursuant to the plans in accordance with the laws of the State of Texas applicable to municipal utility districts and will either negotiate a change order for the additional AMERICAN GENERAL 93.00593 (2) (3) st 1 A Sub.Ml, y Of •markan Ganaral Coo onuon 07(06/93 16:12 ROUND ROCK PUBLIC WORKS • 512 255 6676 N0.651 D09 Mr. Robert L. Bennett, Jr. June 15, 1993 Page Two facilities or will separately bid the additional work as permitted under applicable laws; (4) As a part of the Section One Offsite Drainage Improvements, AGRI will install a single 48 inch drainage pipe running in an east /west direction from Station 6 + 66.61 to Station 10 + 68.23; the owner of the Adjacent Tract will be responsible for constructing, at its expense, such additional drainage facilities from such stations as may be required to serve the Adjacent Tract and the City will require the construction of such additional drainage facilities at the time the Adjacent Tract is developed; and (5) AGRI will pay all costs of completing the Projects, but the City will reimburse AGRI for a portion of the costs incurred which are associated with the additional 48 inch pipe in the amount of $68.00 per lineal foot of pipe installed up to a maximum of 527,200 within 30 days of receipt by AGRI of the letter of acceptance of construction of the project by the City of Round Rock and provided that AGRI supplied the City with proof of costs incurred. At such time as AGRI develops proposed Section 10 of the Meadows at Chandler Creek, being the approximately 10 acres of land which is west of F.M. 1460, south of Bowman Road, andunorth of Chandler Creek, AGRI will improve certain drainage facilities to accommodate the 100 year developed flow requirements of the Adjacent Tract. Such improvements will be limited to an increase in the culvert capacity at Bowman Road and a modification of a detention basin operated by the Meadows at Chandler Creek Municipal Utility District to include an overflow spillway at the outlet structure. If the foregoing accurately reflects your understanding of our agreement on this matter, please so indicate by your signature below. Very truly yours, AMERICAN GENERAL REALTY INVESTMENT CORPORATION W. Michael Schaffer Regional Director Title: To evidence agreement: City of ROUND ROCK By: Title: 2 07(66/93 16:11 ROUND ROCK PUBLIC WORKS 4 512 255 6676 NO.651 D06 DATE: July 6, 1993 SUBJECT: City Council Meeting, July 8, 1993 ITEM: 9C. Consider a resolution authorizing the Mayor to enter into a contract with AGRIC for drainage improvements for the Meadows at Chandler Creek MUD. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This item is a follow up to an item previously discussed under a presentation item. Staff recommends acceptance of the agreement. Mayor Charles Culpepper Mayor Pro•tem Robert Stluka Council Members Rod Morgan Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets July 20, 1993 Mr. Beto Bautista American General Realty Investment Corp. P.O. Box 1375 Houston, TX 77251 Dear Mr. Bautista: Resolution No.R- 93- 07 -08 -9C was approved by the Round Rock City Council on July 8, 1993. Enclosed is a copy of the resolution and your original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land, Assistant City Manager/ City Secretary JL:tb Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255.3612 Fax 512- 255 -6676 1-800-735-2989 (TDD) 1- 800 - 735 -2988 (Voice)