R-94-07-14-9F - 7/14/1994Municipal Utility District No. 9 ( "MUD No. 9 "), the owner and the
City entered into various agreements respecting the development of
MUD No. 9, and
WHEREAS, the City previously consented to the assignment of
these agreements from Lomas Land, Inc. to Vista Development, Inc.,
and
WHEREAS, Vista Development, Inc., has sold its interest in
MUD No. 9 to Panoramic Land, Inc., and the parties are requesting
the City's consent to the assignment of the aforesaid agreements
from Vista to Panoramic, and
WHEREAS, the Council wishes to grant its consent, Now
Therefore
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an agreement expressing its consent to the
assignment of the aforesaid agreements.
RESOLVED this 14th day of July, 1994.
KS /RESOLUTION
RS07144F
RESOLUTION NO. ie"`7 - 0/- /L -9
WHEREAS, at the time of the creation of Williamson County
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
CHARLES CULPEP• R ' ayor
City of Round Rock, Texas
ATTEST:
LAND, City Secretary
2.
EXECUTED this day of , 1994, to evidence
the express agreement and consent of the City of Round Rock
( "City ") to the aforesaid assignment by Assignor to Assignee of the
Water and Wastewater Agreement dated as of January 22, 1987 between
the City, L & N Land Corp. (currently Panoramic Land, Inc.) and
that certain Addendum to Water and Wastewater Agreement dated the
8th of June, 1989 between the City, Lomas Land, Inc. (formerly
L & N Land Corp. currently Panoramic Land, Inc.) and the District
and that certain Exhibit "B" to said Water and Wastewater Agreement
approved by the City on June 8, 1989 and to evidence the express
agreement, consent, and acknowledgement of the assignment of any
other agreement or contracts assigned in the Assignment.
ATTEST:
Joanne Land, City Secretary
(SEAL)
WILL(2).000
CITY OF ROUND ROCK
Charlie Culpepper, Mayor
1 . •
LEONARD HURT TERRY & BLINN
ATTORNEYS AT LAW
SUITE 1260
616 CONGRESS
AUSTIN. TEXAS 78701
15121 477-7161
TELECOPY 15121 476 -1676
June 8, 1994
Mr. Stephan L. Sheets
Stephan L. Sheets & Associates, P.C.
309 E. Main Street
Round Rock, Texas 78664
06 -09 -94 14:44'RCVJ'
RE: Williamson County Municipal Utility District No. 9
Dear Steve:
SUITE 700
2001 BRYAN TOWER
DALLAS. TEXAS 75201
1214) 954 -6300
TELECOPY 12141 954 -6366
SUITE 2775
1221 PAcKINNEY
HOUSTON, TEXAS 77010
1713) 650 -3900
TELECOPY 17131 650 -3649
SUITE 1175
WASHINGTON.. D.C. 20006
12021 223-2500
TELECOPY 1202) 296 -7967
A copy of a proposed Assignment of Contracts which was
consented to by the City of Round Rock on December 19, 1991 and by
Williamson County Municipal Utility District No. 9 on December 30,
1991 is enclosed herewith. Subsequent to such consent being given,
on November 6, 1992, Vista Development Associates, L.P. acquired
title to the Vista Oaks development and at such closing on November
6, 1992 there was executed (in the form of the Council's December
19 consent) a formal Assignment of Contracts between Panoramic
Land, Inc. (formerly known as Lomas Land, Inc., f /k /a/ L & N Land
Corp.) and Vista Development Associates, L.P. The Limited
partnership is the successor in interest to Vista Development,
Inc., having taken assignment of the Purchase and Sale Agreement
between Panoramic Land, Inc. and Vista Development, Inc.
Vista Development Associates, L.P. appeared before the Board
of Directors of the District on November 23, 1992 and requested
formal approval of the Assignment from Panoramic Land, Inc. to
Vista Development Associates, L.P. Although the form of the
Assignment of Contracts had been approved by Round Rock on December
19, 1991, I do not believe that the actual consent executed by
Panoramic Land, Inc. and Vista Development Associates, L.P. was
approved.
For all parties concerned, I believe it would be appropriate
to receive the City's Consent to such Assignment. Since the
attorneys for one of the developers had processed the first consent
with the City in 1991, it is possible that they subsequently
handled the consent with regard to the November 6, 1992 Assignment;
however, my file does not reflect that. You may want to verify
this matter before proceeding further. If you find that this
matter has not been processed, attached hereto please find four (4)
originals of the page of the Assignment that calls for Round Rock's
Mr. Stephan L. Sheets
June 8, 1994
Page 2
execution. We would sincerely appreciate your placement of this
matter on the next council agenda.
Please retain one of the executed consent pages for Round
Rock's records and return the others to me. We will be happy to
distribute copies of the executed Round Rock Consent page to all
remaining parties. Thank you in advance for your attention to this
matter.
Should you have any questions, please call me as soon as
possible.
TL /vrd
enclosures
cc: Jim Nuse
Larry Honea
uau2).oso
Yours truly,
/ 12
Tom Leonard
ATTEST:
J
EXECUTED this day of , 1994, to evidence
the express agreement and consent of the City of Round Rock
( "City ") to the aforesaid assignment by Assignor to Assignee of the
Water and Wastewater Agreement dated as of January 22, 1987 between
the City, L & N Land Corp. (currently Panoramic Land, Inc.) and
that certain Addendum to Water and Wastewater Agreement dated the
8th of June, 1989 between the City, Lomas Land, Inc. (formerly
L & N Land Corp. currently Panoramic Land, Inc.) and the District
and that certain Exhibit "B" to said Water and Wastewater Agreement
approved by the City on June 8, 1989 and to evidence the express
agreement, consent, and acknowledgement of the assignment of any
other agreement or contracts assigned in the Assignment.
nne Land, City Secretary
J
(SEAL)
WILL(2).ODD
CITY F ROUND ROCK
Charlie Culp ,ep• - , Mayor
DATE: July 12, 1994
SUBJECT: City Council Meeting, July 14, 1994
ITEM: 9.F. Consider a resolution authorizing the consent
of assignment of contracts regarding MUD No. 9
from Panoramic Land, Inc. to Vista Development
Association, L.P.
STAFF RESOURCE PERSON: Steve Sheets /Jim Nuse
STAFF RECOMMENDATION: Staff recommends that the Council approve
the resolution authorizing the consent.
The documents consenting to the creation of MUD No. 9 provide
that the owners and developers of the MUD must obtain the City's
consent to the transfer and assignment of contracts related to the
creation and development of the MUD. The Council previously gave
its consent to the transfer from Lomas Land, Inc to Vista
Development, Inc. Now Vista is requesting the Council's consent to
the assignment of the contracts to the new owner, Panoramic Land,
Inc.