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R-94-07-14-9C - 7/14/1994NONE 4. FINANCING: Not applicable. Unimproved Commercial Property Earnest Money Contract; Page - -1 .2- 9y- 0'7 -�y -qc UNIMPROVED COMMERCIAL PROPERTY EARNEST MONEY CONTRACT APPROVED BY THE TEXAS REAL ESTATE COMMISSION FOR VOLUNTARY USE 1. PARTIES: Sunrise Joint Venture, a Texas general partnership, (Seller) agrees to sell and convey to the City of Round Rock, Texas, a home rule municipality and the Round Rock Independent School District (Buyer) and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: The land situated in Williamson County, Texas, as described on attached Exhibit "A ", together with all rights, privileges and appurtenances pertaining thereto. All property sold by this contract is called the "Property ". The Property shall be subject, however, to the exceptions, reservations, conditions and restrictions listed below. 3. CONTRACT SALES PRICE: The Sales Price shall be equal to the amount of current and delinquent ad valorem taxes and road district assessments now due and payable on the Property, not to exceed $110,000.00. As additional consideration, Buyer agrees to assume the payment of future road district assessments. 5. EARNEST MONEY: Buyer shall deposit the sum of $1,000.00 as Earnest Money with Title Agency of Austin at 1717 N. I.H. 35, Round Rock, Texas 78664 (Address), as Escrow Agent, upon execution of this contract by both parties. The Earnest Money shall not be placed in an interest - bearing account by the Escrow Agent. If Buyer fails to deposit the Earnest Money, as required by this contract, or by any addendum, Buyer shall be in default. 6. TITLE: Seller shall furnish to Buyer at Buyer's expense: A. Owner's Policy of Title Insurance (the Title Policy) issued by Title Agency of Austin in the amount of the Sales Price and dated at or after closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as maybe approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy; provided, however: (1) the exception as to the area and boundaries shall be deleted except for "any shortages in area "; and if deleted, the cost of such deletion shall be an expense of Buyer. B. Abstracts of Title: None Required NOTICE TO SELLER AND BUYER: AS REQUIRED BY LAW, Buyer is advised that Buyer should have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If the Property is situated in a Utility District, Section 50.301, Texas Water Code requires Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. If the Property is situated seaward of the Gulf Intracoastal Waterway, attach an addendum containing the statement required by Section 61.025, Texas Natural Resources Code. 7. PROPERTY CONDITION: The Property shall be in its present condition at closing date. 8. BROKER'S FEE: NONE (2) the exception as to restrictive covenants shall be endorsed "None of Record ", except as identified in Paragraph 2; (3) the exception as to taxes shall be limited to taxes for the current year not yet due and payable and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership. 9. CLOSING: The closing of the sale shall be at Title Agency of Austin on or before July 15, 1994, or within seven (7) days after objections to title have been cured, whichever date is later (the Closing Date). Seller and Buyer agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. 10. POSSESSION: Possession of the property shall be delivered to Buyer on closing. 11. SPECIAL PROVISIONS: Buyer and Seller acknowledge that Texas Commerce Bank, Austin (TCB) is the holder of the first lien on the Property. Since the sole consideration for the purchase of the Property is the Buyer's agreement to assume the payment of current and delinquent ad valorem taxes and current, delinquent, and future road district assessments, there will be no cash paid at closing from which to pay to TCB the outstanding balance of the note. It is therefore a condition of this Contract that TCB agree to execute a full release of its lien at closing in consideration of the Buyer's assuming the payment of the aforesaid taxes and road district assessments. By its signature below, TCB evidences its agreement to the terms of this Contract and its agreement to release its lien at closing as aforesaid. 12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. Appraisal fees shall be paid by N /A. Unimproved Commercial Property Earnest Money Contract; Page - - 2 B. SELLER'S EXPENSES: Prepayment penalties on any existing loans paid at closing, plus cost of releasing liens and recording releases; tax statements; 1/2 of any escrow fee; preparation of deed; other expenses stipulated to be paid by Seller under other provisions of this contract. Regardless of the foregoing, Buyer will pay Seller's Expenses up to $250.00. Seller will be responsible for any expenses over that amount. C. BUYER'S EXPENSES: Recording fees, copies of restrictions and easements, 1/2 of any escrow fee; expenses stipulated to be paid by Buyer under other provisions of this contract. 13. PROBATIONS AND ROLLBACK TAXES: Not Applicable 14. TITLE AND SURVEY APPROVAL: A. If Title Policy is to be furnished, Seller shall deliver to Buyer within twenty (20) days after the effective date of this contract a Commitment for Title Insurance (the Commitment) and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commitment. If Buyer makes objection to items disclosed in the Commitment or instruments, which are not recited in Paragraphs 2 and GA. Buyer shall have fifteen (15) days after receipt of such instruments to make written objections to Seller. Buyer's failure to object within the time provided shall be a waiver of the right to object. If Buyer or a third party lender makes objections, Seller shall have fifteen (15) days from the date objections are made to satisfy the objections, and the Closing Date shall be extended as necessary. If the objections are not satisfied by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer, unless Buyer elects to waive the unsatisfied objections and complete the purchase. B. No Abstract is to be furnished C. If a survey required by Paragraph 20 B reveals any unrecorded easements, boundary line conflicts, encroachments or overlapping of improvements, Buyer may object to the same by notifying Seller within fifteen (15) days after receipt of such survey. Buyer's failure to object within the time provided shall be a waiver of the right to object. If Buyer or a third party lender makes objections, Seller shall have fifteen (15) days from the date objections are made to satisfy the objections, and the Closing Date shall be extended as necessary. If the objections are not satisfied by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer, unless Buyer elects to waive the unsatisfied objections and complete the purchase. D. Seller shall furnish tax statements; a Title Policy Commitment showing no additional title objections; and a General Warranty Deed conveying title subject only to liens securing payment of debt created or assumed or taken subject to as part of the consideration, taxes for the current year, restrictive Unimproved Commercial Property Earnest Money Contract; Page - - 15. DEFAULT: covenants, easements and any exceptions or reservations set out in Paragraph 2 or otherwise acceptable to Buyer. A. If Buyer fails to comply herewith, Buyer shall be in default, and Seller may terminate this contract and receive the Earnest Money as liquidated damages, thereby releasing Buyer from this contract. B. If Seller is unable without fault, within the time herein required, to (1) deliver the Commitment or (2) deliver the Title Polity Commitment, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen (15) days and the Closing Date shall be extended as necessary. C. If Seller fails to comply herewith for any other reason, Seller shall be in default, and Buyer may terminate this contract and receive the Earnest Money, thereby releasing Seller from this contract. D. Seller's failure to satisfy Buyer's objections under Paragraph 14 shall not constitute a default by Seller. 16. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this contract or transaction, such party shall be additionally entitled to recover court costs, reasonable attorneys' fees and all other litigation expenses from the non - prevailing parties. 17. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is not (a) a party to this contract and does not assume or have any liability for performance or non- performance of any party to this contract, (b) liable for interest on the funds held unless required in Paragraph 5 and (c) liable for any loss of escrow funds caused by the failure of any banking institution in which such funds have been deposited unless such banking institution is acting as Escrow Agent. If both parties make demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties a written release of liability of Escrow Agent which authorizes the disbursement of the Earnest Money. If only one party makes demand for payment of the Earnest Money, Escrow Agent shall give notice to the other party of such demand. Escrow Agent is authorized and directed to honor such demand unless the other party objects to Escrow Agent in writing within thirty (30) days after Escrow Agent's notice to that party. At closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent shall pay the same to the creditors entitled thereto. 18. REPRESENTATIONS: Seller represents that (a) there will be no unrecorded liens, assessments, or security interests against the Unimproved Commercial Property Earnest Money Contract; Page - -4 Property which will not be satisfied out of the Sales Price, unless securing payment of any loan assumed or taken subject to by Buyer, (b) any loan assumed or taken subject to will be without default, (c) the Property is not being used, and Seller has no knowledge that it has ever been used, for the storage or disposal of any hazardous or toxic waste or as a dump site and (d) no condemnation proceedings are threatened or pending against the Property. If any representation above is untrue on the Closing Date, Seller shall be in default. All representations contained in this contract shall survive closing. 19. USE CONDITIONS, UTILITIES, FLOOD PLAIN AND NEW TESTS: A. USE: The intended use of the Property by Buyer is Vehicle yard site and bus barn. Buyer requires that: (1) all zoning ordinances, restrictive covenants, governmental laws, rules and regulations permit such intended use; (2) the Property has never been used for hazardous or toxic waste storage or disposal, or as a land fill of any kind; (3) no subsurface condition exists which will materially affect development of the Property for Buyer's intended use, and (4) that there shall be no change in access. B. UTILITIES: Buyer requires the following utilities at the Property as of the Closing Date: None. Nothing contained herein shall obligate Seller to extend utilities to the Property. C. 100 -YEAR FLOOD PLAIN: Buyer will accept the Property if any part is located in the 100 -year Flood Plain. D. NEW SURVEYS AND TESTS: Within thirty (30) days after the date hereof Buyer is granted the right to conduct engineering survey, environmental survey and feasibility study of the Property, and is this connection Buyer or Buyer's designated agents may enter upon the premises for purposes of soil analysis, core drilling, or other tests which may be deemed necessary to Buyer or Buyer's engineer. If it should be determined by Buyer in Buyer's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Buyer may, on written notice to Seller received prior to forty -five (45) days from the date hereof, terminate this agreement and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Buyer. If the written notice is not received within this forty -five day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Buyer acknowledges that Buyer is fully relying on Buyer's inspections of the Property and not on any statement which may have been made or may be made by Seller, or any of their respective representatives. Buyer acknowledges that it has the right to examine the Property to evaluate the condition of the Property, including but not limited to the environmental condition of the Property, and Buyer will rely solely upon Buyer's own inspection, examination and evaluation. Unimproved Commercial Property Earnest Money Contract; Page - - 20. PROPERTY SURVEY: A. NO SURVEY: Not Applicable B. SURVEY REQUIRED: Within twenty days after the effective date hereof, Seller shall cause to be delivered to Buyer at the expense of Buyer a current survey of the Property, together with a metes and bounds or platted lot description, prepared by a Registered Public Surveyor acceptable to the parties and the issuer of any Title Policy. The surveyor shall certify to the Buyer and the Title Company that: (a) the survey was made and staked on the ground and all corners are marked with permanent monuments; (b) the survey shows the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements and rights -of -way on or adjacent to the Property with all easements and rights - of -way referenced to their recording information; (c) there are no visible discrepancies, conflicts, or encroachments, except as shown on the survey plat; (d) the Property does or does not lie in the 100 -year Flood Plain, or if a portion lies within the Flood Plain, the survey plat shall designate the location and area of the 100 -year Flood Plain; (e) the survey is a true, correct, and accurate representation of the Property; and (f) the survey sets forth the , as defined below, comprising the Property. If the legal description determined by the survey differs from Paragraph 2 (or any exhibit), the survey description shall replace the description in Paragraph 2. C. AREA REQUIREMENT: If the survey reveals a tract of less than 75.5 acres, Buyer may terminate this contract by giving Seller notice within fifteen (15) days after Buyer receives the survey, and the Earnest Money shall be refunded to Buyer. 21. SPECIAL DISTRICTS: Seller and Buyer acknowledge that the Property is situated within the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties and the Northeast Round Rock Road District. Buyer understands that: (1) each District has taxing or assessment authority separate from any other taxing authority; (2) each District may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds; (3) the bonds are payable in whole or in part from property taxes; (4) the cost of the utility facilities is not included in Buyer's purchase price; (5) the utility facilities are owned or to owned by each District; (6) each District may have the authority to adopt and impose a standby fee on property in the District that has District - financed water or sewer facilities and services available but not connected, the District may exercise the authority without holding an election on the matter, an unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property, and any person may request a certificate from the Unimproved Commercial Property Earnest Money Contract; Page - - District stating the amount, if any, of unpaid standby fees on a tract of property in the District. Neither Seller nor Buyer has the information, and neither wants to spend the time or incur the expense of finding the information required to be in the notice provided for in §§ 50.301 and 50.3011 of the Texas Water Code. Buyer, as part of the consideration for this purchase: (1) will knowingly accept this property and will knowingly accept the deed subject to the consequences of the property's being in these Districts; (2) waives all claims and causes of action for damages which Buyer may have under §50.301 of the Texas Water Code; and (3) agrees that Buyer will never assert any claim or cause of action against Seller or Seller's heirs or personal representatives under § 50.301 of the Texas Water Code or any other applicable law in connection with this conveyance. 22. ASSIGNMENT: Buyer may not assign this contract. 23. "FOREIGN PERSON" FEDERAL TAX REQUIREMENT: If Seller is a "foreign person ", as defined by applicable law, or if Seller fails to deliver an affidavit that he is not a "foreign person ", then Buyer or Escrow Agent, on instruction from Buyer, shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. 24. NOTICES: All notices shall be in writing and mailed to or delivered at the address shown below. 25. TIME FOR ACCEPTANCE: This contract shall not be effective unless executed by Seller and returned to Buyer prior to 5:00 P.M. on June , 1994. 26. TIME FOR PERFORMANCE: Time is of the essence in this contract and strict compliance with the times for performance is required. 27. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. This contract shall be binding upon the legal representatives or successors of the parties. Addenda which are a part of this contract are (list): None. 28. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. If you do not understand the effect of any part of this contract, consult your attorney BEFORE signing. CITY OF ROUND ROCK'S ATTORNEY AND ADDRESS: Stephan L. Sheets 309 E. Main St. Round Rock, Texas 78664 ROUND ROCK INDEPENDENT SCHOOL DISTRICT'S ATTORNEY AND ADDRESS: Unimproved Commercial Property Earnest Money Contract; Page - -7 SELLER'S ATTORNEY AND ADDRESS: EXECUTED in multiple originals effective the June , 1994. (DATE OF FINAL ACCEPTANCE.) BUYERS City oijRound Rock, Texas r l ayor BY: Culpepp ADDRESS: 221 E. Main St. Round Rock, Texas 78664 TELEPHONE: 255 -3612 Round Rock Independent School District BY: Tom Norris, Superintendent ADDRESS: 1311 Round Rock Ave. Round Rock, Texas 78681 TELEPHONE: 255 -4431 BY: N. G. h Unimproved Commercial Property Earnest Money Contract; Page - -8 Sunrise Joint Venture BY: /L1(L 4m Tom E Nels. , Jr tlow SELLERS BY: Jim Bo s BY: �niC`c� Unimproved Commercial Property Earnest Money Contract; Page - -9 ESCROW AGENT'S ADDRESS: Mike Stephens BY: LIEN HOLDER Date: , 1994 Texas Commerce Bank, Austin .c006+/7 6 - W', its By: (Printed Name) RECEIPT Receipt of $1.000.00 Earnest Money in the form of is acknowledged and is accepted subject to the terms and conditions of the Earnest Money Contract. Title Agency of Austin Escrow Agent By: THE STATE OF TEXAS § County of Williamson § BEFORE ME, the undersigned authorities, City of Round Rock and Round Rock Independent School District, on this day personally appeared who, being duly sworn by me, deposes and says: (1) That the City of Round Rock and Round Rock Independent School District own the real property. (2) That said real property is subject to a WATER POLLUTION ABATEMENT PLAN which was required under the EDWARDS AQUIFER RULES of the TEXAS NATURAL RESOURCE CONSERVATION COMMISSION. (3) That the WATER POLLUTION ABATEMENT PLAN for said real property was approved by the TEXAS NATURAL RESOURCE CONSERVATION COMMISSION on August 24, 1995. A copy of the letter of approval is attached to this affidavit as Exhibit A and is incorporated herein by reference. (4) The said real property is located in Williamson County, Texas, and the legal description of the prop= is as follows: Luther Peterson Subdivision; 3220 Sunrise •o.• (als y wn as 930 Luther Place, Lot 4 and 931 Luther Place, Lo 5); ock, Texas. THE STATE OF TEXAS § County of WILLIAMSON § aanme.ymw.o ABTIDAVIT Pollution Abatement Plan RO•ert . :enne__ r., City Manager City of Round Tom orris, `S uperintendent, RRISD BEFORE ME, the undersigned authority, on this day personally appeared Robert L. Bennett, Jr., City Manager, City of Round Rock known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome that (s)he executed same for the purpose and consideration herein expressed. GIVEN under my hand and seal of office on this / day of 19g NOTARY PURL c He16 - 60E k, MAZrhu62v Typed or Printed Name of Notary MY COMMISSION EXPIRES: g- 5 THE STATE OF TEXAS § County of WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Tom Norris, Superintendent RRISD known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome that (s)he executed same for the purpose and consideration.therein expressed. GIVEN under my hand and seal of office on this 11 day of ..A.A.p.r.JOA , 1995. NO PUBLIP 1.'tlie. C. Delgqado Typed or Printed Nd)ne of Notary MY COPM4ISSI0N EXPIRES: - I 0 - 5 7 OWE C. DELGADO Notary Pudl:, Stab of Tens ;,ry eennnk l Wes Om m. tat? John Hall, Chairman Pam Reed, Commissioner R B. "Ralph" Marquez, Commissioner Dan Pearson, Executive Director Dear Mr. Nuse: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution Mr. Jim Nuse, P.E. City of Round Rock 2008 Enterprise Boulevard Round Rock, Texas 78664 August 24, 1995 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: Luther Peterson Subdivision; 3220 Sunrise Road; Round Rock, Texas. TYPE OF PLAN: Request for Approval of Water Pollution Abatement Plan (WPAP); 30 Texas Administrative Code (TAC) §313.4; Edwards Aquifer Protection Program. Facility Number: 95052502 The Texas Natural Resource Conservation Commission (TNRCC) has completed its review of the WPAP application for the referenced project that was submitted by Baker - Aicklen & Associates on behalf of the City of Round Rock and the Round Rock Independent School District to the Austin Regional Office on May 25, 1995. Final review of the WPAP submittal was completed after additional material was received on August 17, 1995. PROJECT DESCRIPTION The proposed commercial and industrial project will consist of a joint use facility for the storage, servicing and maintenance of vehicles used by the City of Round Rock and the Round Rock Independent School District. The site is located within the City of Round Rock and will conform with applicable codes and requirements of the City of Round Rock. Potable water will be supplied by the City of Round Rock. The normal population of the development is estimated to be 75 persons. Approximately 3, 375 gallons per day of wastewater is to be generated by this project, 73% domestic and 27% industrial wastewater. Project wastewater will be disposed of by conveyance to the existinc Round Rock Sewage Treatment Plant owned by the City of Round Rock. Pfd Box 13587 • Austin Texas 78711-3(187 • 512 23u.1n, Mr. Jim Nuse Page 2 August 24, 1995 The proposed impervious cover for the development, approximately 26.03 acres (35 %), includes roof tops, parking areas, paved surfaces, and streets. The storm water runoff will be typical of commercial and industrial sites. The sedimentation /filtration basins are designed in accordance with the City of Austin Environmental Criteria Manual. The basins will incorporate sedimentation and filtration. GEOLOGY According to the geologic assessment included with the submittal, no natural potential recharge features were identified at the site. The Austin Regional Office site inspection of June 13, 1995, revealed the site to be generally as described in the geologic assessment. APPROVAL The water pollution abatement plan for the Luther Peterson Subdivision has been reviewed for compliance with 30 TAC §313.4 which sets forth pollution abatement criteria for any regulated development on the recharge zone of the Edwards Aquifer. The proposed plan is in general agreement with 30 TAC §313.4; therefore, approval of the plan is hereby granted subject to the conditions listed below. Failure to comply with any of the requirements of 30 TAC §313 or any of the following conditions of this approval is a violation of the Edwards Aquifer Protection Rules. Pursuant to §26.136 of the Texas Water Code, any violations of these Rules may result in administrative penalties of up to $10,000 for each act of violation and for each day of violation. SPECIAL CONDITIONS The water quality pond shall be sized to accept an additional volume of stormwater. The oversizing shall compensate for runoff generated by approximately 2.13 acres of entryway on Luther Peterson Boulevard which cannot be diverted toward the pond. STANDARD CONDITIONS OF APPROVAL 1. The applicant shall record this water pollution abatement plan approval in the county deed records within 30 days of receiving this written notice of approval. Enclosed is a suggested format you may use to deed record the approved WPAP. 2. Prior to commencing construction at this project, the applicant must submit the following to the appropriate regional office: Mr. Jim Nuse Page 3 August 24, 1995 a. proof of application for recordation of notice in the county deed records. b. copies of any changes made to the plans and specifications of this project which are required by any special conditions of this approval. c. 24 to 48 hour advance notification of the pre construction meeting at the project site. The applicant must also notify the Regional Office of the date on which the regulated activity will commence. 3. Following the approval of this WPAP application, the Austin Regional Office shall be notified in writing of any proposed physical modifications to these regulated activities that are required by some other regulating authority, the conditions encountered at the site, or the applicant. The request to modify a previously approved application may require the submittal of appropriate review fees and all information necessary for its review and Executive Director approval. The proposed modification shall not be initiated prior TNRCC review.. 4. The primary contractors conducting regulated activities associated with this proposed regulated project shall be provided copies of this approval letter and the entire contents of the WPAP submittal so as to convey the specific conditions of this approval. During the course of these regulated activities, the primary contractors shall be required to maintain copies of the WPAP and this approval letter on -site and are responsible for informing their subcontractors of the contents of these items. 5. The temporary erosion and sedimentation (E &S) controls for the entire project shall be installed prior to beginning any other construction work on this project. If water quality pond(s) are required for this project, they shall be excavated during the installation of the temporary E &S controls and shall be used as a sedimentation basin(s) until the contractor is ready to proceed with their final construction. The E &S controls shall be inspected periodically during construction and following any significant rainfall occurrences. Necessary repairs to the E &S controls shall be made as soon as possible. 6. During the course of any construction related to this regulated development, the applicant shall comply with all applicable provisions of 30 TAC §313.4. Any site on which construction is initiated and abandoned or will not be completed, shall be Mr. Jim Nuse Page 4 August 24, 1995 returned to a permanent condition such that groundwater in the Edwards Aquifer is protected from future contamination. Additionally, the City of Round Rock and the Round Rock Independent School District, applicant, shall remain responsible for the provisions and conditions of this approval until such responsibility is legally transferred to another person or entity. Upon transferring the title of the referenced property, the applicant shall place a restriction in the deed that states that the property is subject to the water pollution plan approval and that the new owner assumes the responsibility for all provisions and conditions of this approval. 7. If any, significant recharge feature, such as solution cavities or sinkholes, is discovered during construction, the contractor shall immediately suspend all regulated activities near the feature and notify the Austin Regional Office. The contractor may not resume activities in the area of the noted feature until the proposed methods to protect the aquifer from any potentially adverse impact has been reviewed and approved by the Executive Director. 8. Please note that 30 TAC §313.5(h) states that this approval expires two years from this date unless, prior to the expiration date, construction has commenced on the regulated development. 9. Upon completion of the regulated activities, the applicant shall reseed or sod all areas disturbed during construction. 10. The Austin Regional Office shall be provided written notification of the completion date of the project. 11. The appropriate temporary E &S controls that shall be used during the construction of the project are as follows: (1) Stabilized construction entrances shall be installed at all sites of ingress and egress prior to initiation of any other regulated activity. (2) Silt fences should be used when the drainage areas are less than 2 acres or when the slopes are less than 10 %. The ends of silt fences and rock berms should be installed along constant contour lines and curved slightly upgradient. (3) Rock berms with filtration should be used when the drainage areas are greater than two acres or when the slopes are in excess of 10 %. The bottom edge of the filter fabric must be buried a minimum of 6 inches below grade. 12. The TNRCC may monitor storm water discharges from the site to evaluate the adequacy of the temporary erosion and sedimentation control measures. Additional protection may be necessary if Mr. Jim Nuse Page 5 August 24, 1995 excessive solids are being discharged from the site. 13. One well was reported in the WPAP application to exist at this proposed site. If any of these wells are abandoned or any abandoned wells are encountered during the construction of the proposed development, they shall be plugged in accordance with the local underground water conservation district's plugging procedures, if applicable, or 30 TAC S287.50(a) of this title (relating to Standards for Plugging Wells that Penetrate Undesirable Water Zones), or an equivalent method, as approved by the Executive Director. Pursuant to 30 TAC 5287.48(e), the person that plugs such a well shall, within 30 days after plugging is complete, submit a Water Well Completion and Plugging Report to the Executive Director, through the Austin Regional Office and to the Barton Springs /Edwards Aquifer Conservation District. Any drill holes resulting from core sampling on -site or down - gradient of the site shall be plugged with cement slurry, from the bottom of the hole to the top of the hole, so as to not allow water or contaminants to enter the subsurface environment. 14. No waste - disposal wells, new confined animal feeding operations, land disposal of Class I wastes, or use of sewage holding tanks as parts of organized collection systems shall be allowed on the recharge zone of this regulated development. If you have any questions or require additional information, please contact Melissa Lopez with the Edwards Aquifer Protection Program at the Austin Regional Office at (512) 339 -2929. Sincerely, Dan'-Pearson Executive Director Texas Natural Resource Conservation Commission DP /mml:mml Enclosures cc: Tom Phillips, Round Rock Independent School District Joe Baker, P.E., Baker - Aicklen & Associates, Inc. Paulo Pinto, R.S., Williamson County Health District, Georgetown, Texas Rosalinda Escalon, Field Operations, Administration, TNRCC RESOLUTION NO. " '94/-o / -O 7 /� WHEREAS, the Round Rock City Council and the Round Rock Independent School District Board of Trustees have previously expressed an interest in maximizing the impact of tax dollars by investigating the possibility of purchasing a site for joint use as a transportation yard and equipment site, and WHEREAS, an appropriate site for such joint use has been located north of the City, and WHEREAS, the present owners of the site have executed an Unimproved Commercial Property Earnest Money Contract ( "Contract ") for the sale of the tract to the City and School, and WHEREAS, the Council wishes to approve said Contract, Now Therefore BE IT 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 the aforementioned Contract, a copy of which is attached hereto and incorporated herein for all purposes, as well as any and all other documents related to the purchase of said tract of land. RESOLVED this 14th day of July, 1994. ATTEST: ICS /RESOLUTION RS07144C LAND, City Secretary CHARLES CULP$PP Mayor City of Round Rock, Texas UNIMPROVED COMMERCIAL PROPERTY EARNEST MONEY CONTRACT APPROVED BY THE TEXAS REAL ESTATE COMMISSION FOR VOLUNTARY USE 1. PARTIES: Sunrise Joint Venture, a Texas general partnership, (Seller) agrees to sell and convey to the City of Round Rock, Texas, a home rule municipality and the Round Rock Independent School District (Buyer) and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: The land situated in Williamson County, Texas, as described on attached Exhibit "A ", together with all rights, privileges and appurtenances pertaining thereto. All property sold by this contract is called the "Property ". The Property shall be subject, however, to the exceptions, reservations, conditions and restrictions listed below. NONE 3. CONTRACT SALES PRICE: The Sales Price shall be equal to the amount of current and delinquent ad valorem taxes and road district assessments now due and payable on the Property, not to exceed $110,000.00. As additional consideration, Buyer agrees to assume the payment of future road district assessments. 6. TITLE: Seller shall furnish to Buyer at Buyer's expense: 4. FINANCING: Not applicable. 5. EARNEST MONEY: Buyer shall deposit the sum of $1,000.00 as Earnest Money with Title Agency of Austin at 1717 N. I.H. 35, Round Rock, Texas 78664 (Address), as Escrow Agent, upon execution of this contract by both parties. The Earnest Money shall not be placed in an interest - bearing account by the Escrow Agent. If Buyer fails to deposit the Earnest Money, as required by this contract, or by any addendum, Buyer shall be in default. A. Owner's Policy of Title Insurance (the Title Policy) issued by Title Agency of Austin in the amount of the Sales Price and dated at or after closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy; provided, however: (1) the exception as to the area and boundaries shall be deleted except for "any shortages in area "; and if deleted, the cost of such deletion shall be an expense of Buyer. Unimproved Commercial Property Earnest Money Contract; Page - -1 (2) the exception as to restrictive covenants shall be endorsed "None of Record ", except as identified in Paragraph 2; (3) the exception as to taxes shall be limited to taxes for the current year not yet due and payable and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership. B. Abstracts of Title: None Required NOTICE TO SELLER AND BUYER: AS REQUIRED BY LAW, Buyer is advised that Buyer should have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If the Property is situated in a Utility District, Section 50.301, Texas Water Code requires Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. If the Property is situated seaward of the Gulf Intracoastal Waterway, attach an addendum containing the statement required by Section 61.025, Texas Natural Resources Code. 7. PROPERTY CONDITION: The Property shall be in its present condition at closing date. 8. BROKER'S FEE: NONE 9. CLOSING: The closing of the sale shall be at Title Agency of Austin on or before July 15, 1994, or within seven (7) days after objections to title have been cured, whichever date is later (the Closing Date). Seller and Buyer agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. 10. POSSESSION: Possession of the property shall be delivered to Buyer on closing. 11. SPECIAL PROVISIONS: Buyer and Seller acknowledge that Texas Commerce Bank, Austin (TCB) is the holder of the first lien on the Property. Since the sole consideration for the purchase of the Property is the Buyer's agreement to assume the payment of current and delinquent ad valorem taxes and current, delinquent, and future road district assessments, there will be no cash paid at closing from which to pay to TCB the outstanding balance of the note. It is therefore a condition of this Contract that TCB agree to execute a full release of its lien at closing in consideration of the Buyer's assuming the payment of the aforesaid taxes and road district assessments. By its signature below, TCB evidences its agreement to the terms of this Contract and its agreement to release its lien at closing as aforesaid. 12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. Appraisal fees shall be paid by N /A. Unimproved Commercial Property Earnest Money Contract; Page - - B. SELLER'S EXPENSES: Prepayment penalties on any existing loans paid at closing, plus cost of releasing liens and recording releases; tax statements; 1/2 of any escrow fee; preparation of deed; other expenses stipulated to be paid by Seller under other provisions of this contract. Regardless of the foregoing, Buyer will pay Seller's Expenses up to $250.00. Seller will be responsible for any expenses over that amount. C. BUYER'S EXPENSES: Recording fees, copies of restrictions and easements, 1/2 of any escrow fee; expenses stipulated to be paid by Buyer under other provisions of this contract. 13. PROBATIONS AND ROLLBACK TAXES: Not Applicable 14. TITLE AND SURVEY APPROVAL: A. If Title Policy is to be furnished, Seller shall deliver to Buyer within twenty (20) days after the effective date of this contract a Commitment for Title Insurance (the Commitment) and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commitment. If Buyer makes objection to items disclosed in the Commitment or instruments, which are not recited in Paragraphs 2 and 6A. Buyer shall have fifteen (15) days after receipt of such instruments to make written objections to Seller. Buyer's failure to object within the time provided shall be a waiver of the right to object. If Buyer or a third party lender makes objections, Seller shall have fifteen (15) days from the date objections are made to satisfy the objections, and the Closing Date shall be extended as necessary. If the objections are not satisfied by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer, unless Buyer elects to waive the unsatisfied objections and complete the purchase. B. No Abstract is to be furnished C. If a survey required by Paragraph 20 B reveals any unrecorded easements, boundary line conflicts, encroachments or overlapping of improvements, Buyer may object to the same by notifying Seller within fifteen (15) days after receipt of such survey. Buyer's failure to object within the time provided shall be a waiver of the right to object. If Buyer or a third party lender makes objections, Seller shall have fifteen (15) days from the date objections are made to satisfy the objections, and the Closing Date shall be extended as necessary. If the objections are not satisfied by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer, unless Buyer elects to waive the unsatisfied objections and complete the purchase. D. Seller shall furnish tax statements; a Title Policy Commitment showing no additional title objections; and a General Warranty Deed conveying title subject only to liens securing payment of debt created or assumed or taken subject to as part of the consideration, taxes for the current year, restrictive Unimproved Commercial Property Earneat Money Contract; Page - - 15. DEFAULT: covenants, easements and any exceptions or reservations set out in Paragraph 2 or otherwise acceptable to Buyer. A. If Buyer fails to comply herewith, Buyer shall be in default, and Seller may terminate this contract and receive the Earnest Money as liquidated damages, thereby releasing Buyer from this contract. B. If Seller is unable without fault, within the time herein required, to (1) deliver the Commitment or (2) deliver the Title Polity Commitment, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen (15) days and the Closing Date shall be extended as necessary. C. If Seller fails to comply herewith for any other reason, Seller shall be in default, and Buyer may terminate this contract and receive the Earnest Money, thereby releasing Seller from this contract. D. Seller's failure to satisfy Buyer's objections under Paragraph 14 shall not constitute a default by Seller. 16. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this contract or transaction, such party shall be additionally entitled to recover court costs, reasonable attorneys' fees and all other litigation expenses from the non - prevailing parties. 17 ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is not (a) a party to this contract and does not assume or have any liability for performance or non- performance of any party to this contract, (b) liable for interest on the funds held unless required in Paragraph 5 and (c) liable for any loss of escrow funds caused by the failure of any banking institution in which such funds have been deposited unless such banking institution is acting as Escrow Agent. If both parties make demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties a written release of liability of Escrow Agent which authorizes the disbursement of the Earnest Money. If only one party makes demand for payment of the Earnest Money, Escrow Agent shall give notice to the other party of such demand. Escrow Agent is authorized and directed to honor such demand unless the other party objects to Escrow Agent in writing within thirty (30) days after Escrow Agent's notice to that party. At closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent shall pay the same to the creditors entitled thereto. 18. REPRESENTATIONS: Seller represents that (a) there will be no unrecorded liens, assessments, or security interests against the Unimproved Commercial Property Earnest Money Contract; Page - - Property which will not be satisfied out of the Sales Price, unless securing payment of any loan assumed or taken subject to by Buyer, (b) any loan assumed or taken subject to will be without default, (c) the Property is not being used, and Seller has no knowledge that it has ever been used, for the storage or disposal of any hazardous or toxic waste or as a dump site and (d) no condemnation proceedings are threatened or pending against the Property. If any representation above is untrue on the Closing Date, Seller shall be in default. All representations contained in this contract shall survive closing. 19. USE CONDITIONS, UTILITIES, FLOOD PLAIN AND NEW TESTS: A. USE: The intended use of the Property by Buyer is Vehicle yard site and bus barn. Buyer requires that: (1) all zoning ordinances, restrictive covenants, governmental laws, rules and regulations permit such intended use; (2) the Property has never been used for hazardous or toxic waste storage or disposal, or as a land fill of any kind; (3) no subsurface condition exists which will materially affect development of the Property for Buyer's intended use, and (4) that there shall be no change in access. B. UTILITIES: Buyer requires the following utilities at the Property as of the Closing Date: None. Nothing contained herein shall obligate Seller to extend utilities to the Property. C. 100 -YEAR FLOOD PLAIN: Buyer will accept the Property if any part is located in the 100 -year Flood Plain. D. NEW SURVEYS AND TESTS: Within thirty (30) days after the date hereof Buyer is granted the right to conduct engineering survey, environmental survey and feasibility study of the Property, and is this connection Buyer or Buyer's designated agents may enter upon the premises for purposes of soil analysis, core drilling, or other tests which may be deemed necessary to Buyer or Buyer's engineer. If it should be determined by Buyer in Buyer's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Buyer may, on written notice to Seller received prior to forty -five (45) days from the date hereof, terminate this agreement and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Buyer. If the written notice is not received within this forty -five day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Buyer acknowledges that Buyer is fully relying on Buyer's inspections of the Property and not on any statement which may have been made or may be made by Seller, or any of their respective representatives. Buyer acknowledges that it has the right to examine the Property to evaluate the condition of the Property, including but not limited to the environmental condition of the Property, and Buyer will rely solely upon Buyer's own inspection, examination and evaluation. Unimproved Commercial Property Earnest Money Contract; Page - - 20. PROPERTY SURVEY: A. NO SURVEY: Not Applicable B. SURVEY REQUIRED: Within twenty days after the effective date hereof, Seller shall cause to be delivered to Buyer at the expense of Buyer a current survey of the Property, together with a metes and bounds or platted lot description, prepared by a Registered Public Surveyor acceptable to the parties and the issuer of any Title Policy. The surveyor shall certify to the Buyer and the Title Company that: (a) the survey was made and staked on the ground and all corners are marked with permanent monuments; (b) the survey shows the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements and rights -of -way on or adjacent to the Property with all easements and rights - of -way referenced to their recording information; (c) there are no visible discrepancies, conflicts, or encroachments, except as shown on the survey plat; (d) the Property does or does not lie in the 100 -year Flood Plain, or if a portion lies within the Flood Plain, the survey plat shall designate the location and area of the 100 -year Flood Plain; (e) the survey is a true, correct, and accurate representation of the Property; and (f) the survey sets forth the , as defined below, comprising the Property. If the legal description determined by the survey differs from Paragraph 2 (or any exhibit), the survey description shall replace the description in Paragraph 2. C. AREA REQUIREMENT: If the survey reveals a tract of less than 75.5 acres, Buyer may terminate this contract by giving Seller notice within fifteen (15) days after Buyer receives the survey, and the Earnest Money shall be refunded to Buyer. 21. SPECIAL DISTRICTS: Seller and Buyer acknowledge that the Property is situated within the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties and the Northeast Round Rock Road District. Buyer understands that: (1) each District has taxing or assessment authority separate from any other taxing authority; (2) each District may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds; (3) the bonds are payable in whole or in part from property taxes; (4) the cost of the utility facilities is not included in Buyer's purchase price; (5) the utility facilities are owned or to owned by each District; (6) each District may have the authority to adopt and impose a standby fee on property in the District that has District - financed water or sewer facilities and services available but not connected, the District may exercise the authority without holding an election on the matter, an unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property, and any person may request a certificate from the Unimproved Commercial Property Earnest Money Contract; Page - - District stating the amount, if any, of unpaid standby fees on a tract of property in the District. Neither Seller nor Buyer has the information, and neither wants to spend the time or incur the expense of finding the information required to be in the notice provided for in §§ 50.301 and 50.3011 of the Texas Water Code. Buyer, as part of the consideration for this purchase: (1) will knowingly accept this property and will knowingly accept the deed subject to the consequences of the property's being in these Districts; (2) waives all claims and causes of action for damages which Buyer may have under §50.301 of the Texas Water Code; and (3) agrees that Buyer will never assert any claim or cause of action against Seller or Seller's heirs or personal representatives under § 50.301 of the Texas Water Code or any other applicable law in connection with this conveyance. 22. ASSIGNMENT: Buyer may not assign this contract. 23. "FOREIGN PERSON" FEDERAL TAX REQUIREMENT: If Seller is a "foreign person ", as defined by applicable law, or if Seller fails to deliver an affidavit that he is not a "foreign person ", then Buyer or Escrow Agent, on instruction from Buyer, shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. 24. NOTICES: All notices shall be in writing and mailed to or delivered at the address shown below. 25. TIME FOR ACCEPTANCE: This contract shall not be effective unless executed by Seller and returned to Buyer prior to 5:00 P.M. on June , 1994. 26. TIME FOR PERFORMANCE: Time is of the essence in this contract and strict compliance with the times for performance is required. 27. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. This contract shall be binding upon the legal representatives or successors of the parties. Addenda which are a part of this contract are (list): None. 28. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. If you do not understand the effect of any part of this contract, consult your attorney BEFORE signing. CITY OF ROUND ROCK'S ATTORNEY AND ADDRESS: Stephan L. Sheets 309 E. Main St. Round Rock, Texas 78664 ROUND ROCK INDEPENDENT SCHOOL DISTRICT'S ATTORNEY AND ADDRESS: Rick Akins 7900 South IH -35 P.O. Box 249 Found Rock, TX 78680 Unimproved Commercial Property Earnest Money Contract; Page - -7 SELLER'S ATTORNEY AND ADDRESS: EXECUTED in multiple originals effective the June , 1994. (DATE OF FINAL ACCEPTANCE.) City of Rock, Texas ADDRESS: 221 E. Main St. Round Rock, Texas 78664 TELEPHONE: 255 -3612 Round Rock Independent School District BY: Tom Norris, Superintendent ADDRESS: 1311 Round Rock Ave. Round Rock, Texas 78681 TELEPHONE: 255 -4431 Sunrise Joint Venture BY: N. G. Vit<Y7 BY: Unimproved Commercial Property Earnest Money Contract; Page - -8 Patricia Green BUYERS SELLERS C .1t11(v� Jim Beres BY: 1 Q ,*l'. :r_1. .-� ADDRESS: TELEPHONE: ESCROW AGENT'S ADDRESS: Unimproved Commercial Property Earnest Money Contract; Page - -9 BY: (.• Mike Stephens LIEN HOLDER Texas Commerce Ba Austin} (/' /7/ By � / Y Z2l,2% Mh ?.,t •/.l- 0;l <.j its ' L!eF 4r'.h'sif'r.*.'r (Printed Name) RECEIPT Receipt of $1.000.00 Earnest Money in the form of is acknowledged and is accepted subject to the terms and conditions of the Earnest Money Contract. Date: , 1994 Title Agency of Austin Escrow Agent By: July 1, 1994 Mr. Bob Bennett City of Round Rock 221 East Main Street Round Rock, TX 78664 re: 75.5 Acre Transportation Center \Vehicle Yard Site and Bus Barn, David Curry Survey, Sunrise Road, Round Rock, Williamson County, Texas. Dear Bob: SUMMIT COMMERCIAL INDUSTRIAL PROPERTIES, INC. Please find attached a signed contract by the Sellers and Texas Commerce Bank for the above - referenced site. Please review all points of the contract. I am also sending copies to Steve Sheets for his review and comment. I have asked him to prepare the document that will extend the closing currently in the signed contract. If this contract is acceptable, please place this transaction on the City Council agenda as an action item for July 14, 1994. The School Board is planning to present the item at their July 21st meeting. If there are any questions or comments, please give me a call. Sincerely, Jim Boles JB /tw cc: Steve Sheets w /enclosures 896 SUMMIT STREET, SUITE 105; ROUND ROCK, TEXAS 78664 (512) 244 -9707 DATE: July 12, 1994 SUBJECT: City Council Meeting, July 14, 1994 ITEM: 9.C. Consider a resolution authorizing the Mayor to execute a contract for the Transportation Center /Vehicle Yard Site and Bus Barn. STAFF RESOURCE PERSON: Steve Sheets /Jim Nuse STAFF RECOMMENDATION: Staff recommends that the Council approve the resolution authorizing the Mayor to execute the contract. In May the City Council and the Round Rock Independent School District Board of Trustees agreed to investigate the possibility of purchasing a site suitable for joint use as an equipment yard and bus barn. A site containing approximately 75 acres north of the City has been identified as an acceptable site. A purchase contract has been executed by the present owners to sell the property for the amount of back taxes. If the Council approves the Contract, it will be presented to the School Board at its next meeting.