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R-99-03-11-14A7 - 3/11/1999 RESOLUTION NO. R-99-03-11-14A7 WHEREAS, Round Rock Village Square, L.P. , ("Developer") intends to sub-divide a certain 3.877 acre tract of land located within the City limits along Louis Henna Boulevard into a 0.927 acre tract and a 2.950 acre tract ("Properties") , and WHEREAS, it is necessary to construct a sixteen inch water line along the southern property lines of the Properties for a length of approximately 425 linear feet, and WHEREAS, the City and the Developer have agreed to participate in sharing equally the cost of construction of said water line as set forth in a Cost Participation Agreement, 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 if the city a Cost Participation Agreement with the Developer, a copy of said Agreement being attached hereto and incorporated herein for all purposes. 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 11th day of March, 1999. K!\W 0CS\R 0=I\R903I1A7.W /119 CHARLES C L PPER, Mayor City of Round Rock, Texas ATTEST: 0 9JA4 LAND, City Secretary 2. COST PARTZCIPA,TION AGREEMENT This Cost Participation Agreement ("Agreement") is made by and between the CITY OF ROUND ROCK, TEXAS ("City") , a municipal corporation and home-rule city of the State of Texas, and ROUND ROCK VILLAGE SQUARE, L.P., a Texas limited partnership ("Developer") . RECITALS WHEREAS, the Developer intends to sub-divide a certain 3.877 acre tract located within the City limits along Louis Henna Boulevard into a 0.927 acre tract and a 2.950 acre tract (the "Properties") ; and WHEREAS, it is necessary to construct a sixteen inch water line along the southern property lines of the Properties for a length of approximately 425 linear feet (the "Project") ; and WHEREAS, the City and the Developer have agreed to participate in sharing equally the cost of construction of said water line; and WHEREAS, the Agreement is authorized under Subchapter C, Chapter 212 of the Texas Local Government Code; NOW THEREFORE, the City and the Developer hereby agree to the terms and conditions as herein set forth. I. SCOPE OF PROJECT The City and Developer agree that it is necessary to construct a sixteen (1611) water line along the southern boundary of the Properties to effectively deliver water to the Properties. The parties further agree that it is fair and equitable that the Developer participate with the City in sharing the costs of approximately 425 linear feet of said water line. II. DEVELOPER COST The Developer agrees to pay one-half of all construction costs of approximately 425 linear feet of the above-described 16" water line. The construction costs include, but are not limited to, installation, pipes, joints, excavation, fill, construction, equipment, engineering, surveying, and other related items. The Developer agrees to remit to the City at the signing of this Agreement the sum of $14,025, which represents one-half of the estimated cost of construction of 425 linear feet of water line at $66.00 per linear foot. The Developer further agrees to remit to the City, within ten (10 ) days after receipt of written notice, any additional amount over and above $14,025 which may be due and owing after the Project is complete, said additional amount being one-half of any remaining construction costs of the Project. The City agrees to remit to the Developer the pro-rata share of any costs if the construction costs of the Project are less than $14,025. Z:\T T\R"IRIDRO\MISC\RRVIL .MP"/cdc II,I. ACCEPTANCE OF RE-PLAT This Agreement is partially in consideration of the City authorizing the acceptance and recordation of a re-plat of the Property into a 0.927 acre tract and a 2.950 acre tract. Said re- plat may be recorded by Developer upon remittance of the above- described $14,025. IV. PROJECT LOCATION Said water line is to be constructed pursuant to the sketch prepared by Cecil Jack Chisolm, R.P.L.S., dated February 17, 1999, attached hereto and incorporated herein as Exhibit "A". V. EASEMENT DEDICATION The Developer agrees to dedicate to the City any and all easements within the Property, whether permanent or temporary, for the installation, maintenance, operation, and repair of said water line. VI. TEMPORARY WATER SERVICE The City agrees to grant the Developer, its successors and assigns, temporary water service to the 0.927 acre tract as described in Exhibit "A", from the existing water line located at the southeast corner of the 2.950 acre tract, also as described on Exhibit "A". VII. NOTICE Notice shall be provided as follows: CITY: City of Round Rock, Texas City Manager 221 East Main Street Round Rock, Texas 78664 with a copy to: Director of Public Works City of Round Rock, Texas 2008 Enterprise Driver Round Rock, Texas 78664 2 DEVELOPER: Round Rock Village Square, L.P. Staron Development Limited, General Partner Joseph Martin, President 1918 Taft Houston, Texas 77006 VIII. MISCELLANEOUS This Agreement is being executed and delivered and is performable in Williamson County, Texas. This Agreement sets forth the entire understanding and agreements between the parties. If any provision in this Agreement is held to be invalid, illegal 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. This Agreement shall be effective upon proper execution by all parties hereto. DEVELOPER: ROUND ROCK VILLAGE SQUARE, L.P. a Texas limited partnership Staron Development Limited, General Partner By:/ /. rJ seph Martin, -President I ! CITY Oy ROUND ROCK, TEXAS By: A Charlie Culp pper, Mayor A ST: _ J061NNE LAND, Asst. City Manager 03/04/1999 14:26 7139334202 R ARMAUGH PAGE 09 EXHIBIT "A" SI I!•;Sr�...,AliC= 5i1 !!!=5> n.qc:: -IOh'r TW,': •�•M-� 11 BLOCK R i.OT WrAr ro 2-46 AC. IMO Gtr y 2.060 Acres eao , eoz LOT i I rz)� .. °°' - Ex1er -- - ------ -----------•-------- ----- ----------- _ (L W.far ;.,¢ erg 4:p l 1 T� to lec/er. /L"K/ i iRS s7sts's11v 422,x• 1 _.. '.) F"`.:_:-_` -. -'' Leo, '-' sva-,— _ •�� ----— .....ttiecuor er lob I& \ e1i �'� �LAUIS HE 9LVD. 129'SLOM. DATE: March 5,1999 SUBJECT: City Council Meeting—March 11,1999 ITEM: 14.A.7. Consider a resolution authorizing the Mayor to execute an agreement with Round Rock pillage Square L.P.for a cost sharing agreement for a 16"waterline along Louis Henna Boulevard. Mr. Kugler will pay for Y: of the line cost and be permitted to provide water service on a temporary basis to Lot 1 of his subdivision. Staff Resource Person:Jim Nuse,Public Works Director. 03/22/99 SON,19:08_ FAX 512204-- 3 Hsker-Ai ckl en/12lt .\ qy 0D5 COST PARTICIPATION AGREMMNT This Cost Participation Agreement ("Agreement") is made by and between the CITY OF ROUND ROCK, TEXAS ("City") , a municipal corporation and home-rule city of the State Of Texas, and ROUND ROCK VILLAGE SQUARE, L-P_, a Texas limited partnership ("Developer") . RECITALS WHEREAS, the Developer intends to sub-divide a certain 3.877 acre tract located within the City limits along Louis Henna Boulevard into a 0.927 acre tract and a 2.950 acre tract (the "Properties") ; and WHEREAS, it is necessary to construct: a sixteen inch water line along the southern property lines of the Properties for a length of approximately 425 linear feet (the "Project"); and WHEREAS, the City and the Developer have agreed to participate in sharing equally the cost of construction of said water line; and WHEREAS, the Agreement is authorized under Subchapter C, Chapter 212 of the Texas Local Government Code; NOW THEREFORE, the City and the Developer hereby agree to the terms and conditions as herein set forth. I. SCOPE OF PROJECT The City and Developer agree that it is necessary to construct sixteen (16") water line along the southern boundary of the Properties to effectively deliver water to the Properties. The parties further agree that it is fair and equitable that the Developer participate with the City in sharing the costs of approximately 425 linear feet of said water line. II. DEVELOPER COST The Developer agrees to pay one-half of all construction costs of approximately 425 linear feet of the above-described 16" water line. The construction costs include, but are not limited to, installation, pipes, joints, excavation, fill, construction, equipment, engineering, surveying, and other related items_ The Developer agrees to remit to the City at the signing of this Agreement the sum of $14,025, which represents one-half of the estimated cost of construction of 425 linear feet of water line at $66.00 per linear foot. The Developer further agrees to remit to the City, within ten (10 ) days after receipt of written notice, any additional amount over and above $14,025 which may be due and owing after the Project is complete, said additional amount being one-half of any remaining construction costs of the Project. The City agrees to remit to the Developer the pro-rata share of any costs if the construction costs of the Project are less than $14,025. zM%�\AWIm WW76C\P1,vi......YP"/edc 03/22/99 17:09 TX/RX N0.7663 P.005 03/22/99 HON 18:08 FAX 512240-°23 Baker-Alcklen/RR 008 III. ACCEPTANCE OF RE-PLAT This Agreement is partially in consideration of the City authorizing the acceptance and recordation of a re-plat of the Property into a 0.927 acre tract and a 2.950 acre tract. Said re- plat may be recorded by Developer upon remittance of the above described $14,025. IV. PROJECT LOCATION said water line is to be constructed pursuant to the sketch prepared by Cecil Jack Chisolm, R.P_L.S., dated February 17, 1999, attached hereto and incorporated herein as Exhibit "A". V. EASEMENT DEDICATION The Developer agrees to dedicate to the City any and all easements within the Property, whether permanent or temporary, for the installation, maintenance, operation, and repair of said water line. VI. TEMPORARY WATER SERVICE The city agrees to grant the Developer, its successors and assigns, temporary water service to the 0.927 acre tract as described in Exhibit "A", from the existing water line located at the southeast corner of the 2.950 acre tract, also as described on Exhibit "A". VII. NOTICE Notice shall be provided as follows: CITY: City of Round Rock, Texas City Manager 221 East Main Street Round Rock, Texas 78664 with a copy to: Director of Public Works City of Round Rock, Texas 2008 Enterprise Driver Round Rock, Texas 76664 2 03/22/99 17:09 TX/RX NO.7663 P.006 03/SZ/R9 YD,Y 16:07 FAY 5122"P--23 ltaker-Alcklen/RR .,, Ly DD7 DEVELOPER: Round Rock Village Square, L.P. C/o Max Kugler VIII. MISCELLANEOUS This Agreement is being executed and delivered, and is performable in Williamson County, Texas. This Agreement sets forth the entire understanding and agreements between the parties. If any provision in this Agreement is held to be invalid, illegal 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. This Agreement shall be effective upon proper execution by all parties hereto. DEVELOPER: ROInm CK/ 11 Lzi +G\:._ U L.L.P. By: Its: , CITY RgjdND O X, TEXAS By: CHARLIE CULPEPPER, YOR ;ITTEST- E LAND, Asst. Csty Manager 1: 11 3 03/22/99 17:09 TX/RX N0.7663 P.007 „--(FS�2 _20 -FA.��B1224AQR23 Baker-Alcklen/RR .— — :07 PAGE 09 03/0411999 14:25 713933&1 R ARMA” EXHIBIT "A" I SF-. TWi 1 of �,Ial L 5r). 13 o, Ac. W.W CAEL MI, Z:L Ile*a, LL -to Ar.9 --I Q INVI. Sc� no Lwlr LOT I a03 sc� W4 IM7 VML ace -tk dl '-LO-UZS M M�BLIVD. W. 03/22/99 17:09 TX/RX N0.7663 P.008 LAW OFFICE OF RICHARD A.ARMAUGH, A Professional Limited LiabiUty Company Email 2990 Richmond Avenue,Suite 100 Facsimile armaugh®usa.nel Houston,Texas 77098 713.933.0202 713.933.0200 March 31,1999 Jim Nuse Director of Public Works City of Round Rock,Texas 2008 Enterprise Drive Round Rock,Texas 78664 Re: Round Rock Village Square,L.P.;Cost Participation Agreement Dear Mr.Nuse: Enclosed herewith is an executed copy of the Cost Participation Agreement together with Cashier's Check No.370334 drawn on Houston Commerce Bank in the amount of$14,025.00 made payable to the City of Round Rock,Texas. The enclosed Cost Participation Agreement contains a signature page which was has been re-done,without changing the text,in order to accommodate the correct name,address and contact for my client,Round Rock Village Square,L.P. I have also enclosed the original signature page. If there are any remaining issues concerning the filing or accepting of the re-plat of the subject property,please let me know immediately. If you have any questions or concerns,please feel free to contact me at your earliest opportunity. Yours truly, CHARD A.ARM U RAA/rst enclosure MY OF ROUND ROCK INTEROFFICE MEMORANDUM DATE: April 1,1999 TO: David Kautz Finance Director FROM: James R Nuse,P.E. Public Works Direct RE: Round Rock Village Square,L.P. Transmitted hc1, yy th is a Cashier's Check satisfying the Cost Participation Agreement for t)}e above referenced development. If you have any questions please give me a call. ` 10 � x {`Q,C Check No. Bank Fee Amount 370334 Houston Commerce Cost Participation $14,025.00 Agreement Enclosure cc: File-Round Rock Village Square PUBLIC WORKS DEPARTMENT __ _ -- , C�;., r � p��cK..-