R-99-04-22-10D2 - 4/22/1999RESOLUTION NO. R- 99- 04- 22 -10D2
WHEREAS, the City of Round Rock has previously approved a site
development plan for HF2M, Inc. for a warehouse addition at 2551
Tellabs Drive, and
WHEREAS, said site development plan includes the construction of
a ten foot wide concrete trickle channel, and
WHEREAS, HF2M desires to defer construction of the said concrete
trickle channel, 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 an agreement with HF2M, Inc. to defer construction
of the ten foot wide concrete trickle channel, 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 22nd day of April, 999.
ATTEST:
r ill a Ad JL ' /II' /1
LAND, City Secretary
K: \WPDOCS \RESOLDTI \R90422D2.WPD /S Cg
f
CHARLES CULP PPER, Mayor
City of Round Rock, Texas
WHEREAS, the City of Round Rock has previously approved a site
development plan for HF2M, Inc. for a warehouse addition at 2551
Tellabs Drive, and
WHEREAS, said site development plan includes the construction of
a ten foot wide concrete trickle channel, and
WHEREAS, HF2M desires to defer construction of the said concrete
trickle channel, 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 an agreement with HF2M, Inc. to defer construction
of the ten foot wide concrete trickle channel, 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 22nd day of April, 999
ATTEST:
it ittAk.41 _ it i
LAND, City Secretary
%,\ WPDOCS \RESOLUTI \R90922D2.UPU /8Cg
RESOLUTION NO. R- 99- 04- 22 -10D2
CHARLES CULP PPER, Mayor
City of Round Rock, Texas
AGREEMENT
This Agreement is entered into by and between the City of
Round Rock, a Texas municipal corporation ( "City ") and HF2M, Inc.,
a Texas corporation, ( "HF2M ").
WHEREAS, City has previously approved a site development plan
for a warehouse addition at 2551 Tellabs Drive on December 15,
1998, ( "Site Development Plan "); and
WHEREAS, said Site Development Plan includes a ten foot wide
concrete trickle channel as depicted in Section 06 sheet C5.0 of
said Site Development Plan; and
WHEREAS, HF2M desires to defer construction of the said
concrete trickle channel governed by the Site Development Plan; and
WHEREAS, the City desires to be secured by HF2M so that if the
trickle channel is not constructed within a reasonable time period
after the development of the site governed by the Site Development
Plan or the City and HF2M have not agreed otherwise, the City is
assured of construction of the trickle channel without spending
City funds.
NOW THEREFORE, PREMISES CONSIDERED, the City and HF2M agree
as follows:
1. HF2M will be permitted to amend its Side Development Plan
approved by the City on December 15, 1998 for the warehouse
addition at 2551 Tellabs Drive to delete the requirement of the
10 ft. wide concrete trickle channel as a condition for receiving
a Certificate of Occupancy.
2. HF2M will post through CoastalBanc, SSB a letter of
credit in the amount of Thirty Eight Thousand and No /100 Dollars
($38,000.00), which the parties agree is a reasonable estimate for
the cost of the construction of the 10 ft. wide concrete trickle
channel depicted in Section 06 sheet C5.0 of the Site Development
Plan. The letter of credit in the amount of $38,000.00 shall be
payable to the City as beneficiary of the letter of credit and
shall be for a period of one year from the date of this Agreement
and automatically renewable for an additional one year period
thereafter upon either party's written request or renewal to
CoastalBanc, SSB. Further, the letter of credit shall be
unconditional and may be drawn upon by City if the City and HF2M
have not either (a) by December 15, 2000, reached an agreement
regarding the construction of the trickle channel and have
H:\ TB NT \ROUNDPOC\MISC\AGPEEMEN.WPD /kg
terminated the letter of credit, or (b) if no agreement has been
reached by the parties, construction on the trickle channel has not
begun by December 15, 2000.
3. The City agrees not to draw on the letter of credit prior
to December 15, 2000. In order for the City to draw on the letter
of credit, the City shall provide CoastalBanc, SSB with a statement
sworn to before a notary by a city official that states as follows:
"The City of Round Rock, states that as beneficiary
under the letter of credit issued by CoastalBanc in the
amount of $38,000.00 on behalf of HF2M in support of the
Agreement between HF2M and City of Round Rock dated
, the City of Round is entitled to
draw on said letter of credit pursuant to the terms of
the Agreement between the City of Round Rock and HF2M,
Inc., the City of Round Rock as beneficiary is entitled
to the sum of $38,000.00 represented by the unconditional
letter of credit."
IN WITNESS WHEREOF, th2 ha caused this Agreement to
be executed as of the a2 day of , 1999.
HF2M, INC., a Texas corporation
By:
JEFFREY N. DRINKARD, President
CITY OF ROUND ROCK,
a Texas ,municipal corporation
By:� 1
CHARLES C UL EPPER Mayor
2.
DATE: April 16, 1999
SUBJECT: City Council Meeting — April 22, 1999
ITEM: 10.D.2. Consider a resolution authorizing the Mayor to execute an agreement
with HF2M, Inc. to defer requirement to construct a 10' concrete
trickle channel. Staff Resource Person: Jim Nuse, Public Works
Director.