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R-99-03-11-14A4 - 3/11/1999RESOLUTION NO. R- 99- 03- 11 -14A4 WHEREAS, the City of Round Rock desires to enter into an agreement with Round Rock Hospitality, L.P., a Texas limited partnership, and A.L. Patel, Trustee (hereinafter jointly referred to as the "Developer ") to participate in the construction of a storm sewer system as a part of the Chisholm Trail Regional Storm Water Project; and WHEREAS, Vernon's Texas Codes Annotated, Local Government Code, Subchapter C, 5212.071 et. seq. authorizes municipalities with a population of 50,000 or more to make a contract with a developer for the developer to construct public improvements related to the development and the municipality to participate in their cost; and WHEREAS, such agreement is embodied in the attached Developer Participation Contract for Public Improvements; 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 attached Developer Participation Contract for Public Improvements for Stormwater System Improvement for Storm Sewer /Drainage, said contract covering a portion of the Chisholm Trail Regional Storm Water Project. The City Council hereby establishes the limit of participation by the City of Round Rock at $87,912.00 or 30% of the total contract price, whichever is less. The limit of participation is understood to mean the maximum amount of reimbursement to the Developer by the City. X:\ WPDOCS \RRSOLUTI \R90311R4.WPD /jkg The City Council hereby establishes that the limit of the City's liability is only for the agreed payment of its share as a lump sum payment. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this llth day of March, )99. ATTEST: 14 LAND, City Secretary 2 CHARLES CUL R, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON &:\ NPOOCS \kSSOLOTI\OSPPARM.WPO /]kg 1 § KNOW ALL MEN BY THESE PRESENTS: § DEVELOPER PARTICIPATION CONTRACT FOR PUBLIC IMPROVEMENTS FOR STORMWATER SYSTEM IMPROVEMENT FOR STORM SEWER/DRAINAGE WHEREAS, the City of Round Rock (hereinafter referred to as the "City") and Round Rock Hospitality, L.P., a Texas limited partnership, (hereinafter referred to as the "Developer ") desire to enter into an agreement to participate in the construction of a storm sewer system as a part of the Chisholm Trail Regional Storm Water Project; and WHEREAS, Vemon's Texas Codes Annotated, Local Government Code, Subchapter C, §212.071 et. seq. authorizes municipalities with a population of 50,000 or more to make a contract with a developer for the developer to construct public improvements related to the development and for the municipality to participate in their cost; This agreement is made by and between the City and the Developer. 1. The City and the Developer agree to participate in the construction of a storm sewer system to serve approximately 46.24 acres (hereinafter referred to as the "Property"), as shown on Exhibit A, attached hereto and made a part of this agreement for all purposes (hereinafter referred to as the "Project "). 2. The Project will involve the construction of the facilities described in Exhibit B, attached hereto and made a part of this agreement for all purposes. 3. The Developer, at his sole cost and expense, shall execute a performance bond for the construction of the improvements to ensure completion of the Project. The bond shall be executed by a corporate surety in accordance with chapter 2253, Government Code. 4. The Developer, at his sole cost and expense, shall obtain all utility easements necessary for the completion of the Project and, at his sole cost and expense, shall prepare the construction plans and specifications for the Project. The Developer, at his sole cost and expense, shall pay for all costs associated with the design and construction of the Project including, but not limited to, all engineering, surveying, and construction costs of the Project. 5. Upon completion of the Project and acceptance thereof by the City, the City shall pay to the Developer a single lump sum payment in the amount of $87,912.00 or thirty percent (30 %) of the total contract price, whichever amount is less. For purposes of this agreement, the Project shall be completed when the City's Director of Public Works and the Developer's Engineer certify in writing that the work involved in the Project has been completed in accordance with the plans and specifications for the Project. Within ten (10) business days from the date of completion as set forth above, the City shall execute with the Developer a document accepting title and ownership of the Project and, contemporaneously therewith, shall pay to the Developer the lump sum payment referred to above. 6. As additional consideration to the Developer to undertake the obligations set forth herein, the City hereby waives any obligation on the part of the Developer to pay any regional detention fees relating to the 9.61 acre portion of the Property, as shown on Exhibit C, attached hereto and made a part of this agreement for all purposes. 7. The maximum amount of reimbursement to the Developer by the City shall be limited to $87,912.00 or thirty percent (30 %) of the total contract cost, whichever amount is Less. 8. The Developer shall submit all construction plans and specifications for the Project to the City for review and approval prior to execution of a construction contract. 9. Construction plans for the Project shall comply with all applicable city, state, and federal requirements. 10. This agreement is being executed and delivered, and is to be performed, under the laws of the State of Texas, and the laws of the State of Texas shall govern the validity, construction, enforcement and interpretation of this agreement, unless otherwise specified herein. 11. In the event that judicial action is necessary for the interpretation or enforcement of any of the covenants or conditions contained herein, the City and the Developer agree and consent to the jurisdiction of the District Courts and County Courts at Law of Williamson County, Texas, and of the United States District Court for the Western District of Texas (Austin Division), and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions between the City and the Developer with respect to the subject matter hereof, and agree that such courts shall be the exclusive forums for the resolution of any actions between the City and the Developer with respect to the subject matter hereof. 12. If any provision in this agreement is held to be illegal, invalid or unenforceable under present or future laws, other provisions shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this agreement. Furthermore, in lieu of such illegal invalid or unenforceable provision, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable shall govern. 13. This agreement sets forth the entire understanding and agreement of the parties. All other oral agreements by the parties hereto are hereby merged into this agreement, which shall not be amended or altered except by a written document signed by the parties hereto. This agreement is separate and distinguishable from and shall not constitute an amendment of, or modification to any other agreement between the parties. 14. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover reasonable attomey's fees, costs of court and reasonable costs incurred to maintain such action, from the other party, which fees may be set by the Court in the trial of 2 such an action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded. 15. This agreement shall inure only to the benefit of the parties hereto. No other person or entity shall be considered as a beneficiary of this agreement. 16. Notices provided for hereunder hall be directed as follows: (a) Notices to the City shall be directed to: City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 (b) With a photocopy to: Director of Public Works City of Round Rock 2008 Enterprise Drive Round Rock, TX 78664 Notices to the Developer shall be directed to: Round Rock Hospitality, L.P. c/o Landmark Organization, Inc. 1250 Capital of Texas Highway South Building 1, Suite 100 Austin, TX 78746 17. This agreement shall be effective upon proper execution by all parties hereto. DEVELOPER: ROUND ROCK HOSPITALITY, L.P. By: Hotel Corporation of America, a ���C,4S corporation, General Partner By' < <�11 Mark Schultz, Presi. ,! Dated: MAtz.r-g- " , 1999 3 CITY OF,OUND ROCK, TEXAS By :" Charles Culpe..err fayor Dated: mieci -t I , 1999 ATTEST: 4 MMINMIMM EXHIBIT A CHISHOLM TRAIL REGIONAL STORMWATER PROJECT • ___ EXHIBIT "B" CHISHOLM TRAIL REGIONAL STORM WATER CONVEYANCE NO. ITEM QUANTITY UNIT 1 Storm Sewer Junction Box 5 EA. 2 42" RCP 878 L.F. 3 60" RCP 445 L.F. 4 66" RCP 405 L.F. 5 72" RCP 122 L.F. 6 CH -11B Headwall W/Energy 1 EA. Dissipaters 7 Rock Berm 54 L.F. 8 Open -Cut Repair Pavement 550 L.F. 9 Restoration and Revegetation 1 L.S. 10 Trench Safety 1 L.S. 11 Traffic Control 1 L.S. 12 Channel Excavation 1 L.S. Note: 1. Class 5 RCP will be installed at the location proposed for a private drive crossing between Station 1+00 and 2+00, to permit a minimum of cover over the RCP at this location. CHISHOLM TRAIL REGIONAL STORMWATER PROJECT EXHIBIT C DATE: March 5, 1999 SUBJECT: City Council Meeting — March 11, 1999 ITEM: 14.A.4. Consider a resolution authorizing the Mayor to execute a developer participation contract with City of Round Rock and Round Rock Hospitality, L.P. for the construction of offsite drainage improvements. The City's share of the project is $87,912 and will be repaid under the Regional Drainage Program as future development occurs. Staff Resource Person: Jim Nuse, Public Works Director.