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R-99-06-24-10F2 - 6/24/1999RESOLUTION NO. R- 99- 06- 24 -10F2 WHEREAS, the City of Round Rock ( "City ") and Round Rock Hospitality, L.P., a Texas limited partnership ( "Developer ") have previously entered into a Stormwater System Improvement Cost Participation /Reimbursement Agreement in connection with the Chisholm Trail Regional Storm Water Project ( "Project "), and WHEREAS, as part of the Project, an enclosed stormwater line is proposed to be constructed across property owned by Chisholm Trail Joint Venture, a Texas joint venture ( "Chisholm Trail "), and WHEREAS, Chisholm Trail has agreed to grant the City an eastment for the stormwater line subject to the terms and conditions set forth in the attached Agreement Regarding Stormwater System 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 Agreement Regarding Stormwater System Improvements with Round Rock Hospitality, L.P. and Chisholm Trail Joint Venture. 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 K:\ WPDOCS \RESOLUTI \R9062aP2.WPO /scg 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 24th day of June, 1999. ATTEST: E LAND, City Secretary 2 411, Ara I /ALA Vir _A Ali ROB - T A. STLUKA, JR.P' Mayor City of Round Rock, Texas AGREEMENT REGARDING STORMWATER SYSTEM IMPROVEMENTS This Agreement is made and entered into as of the effective date set forth below by and among THE CITY OF ROUND ROCK (the "City"), ROUND ROCK HOSPITALITY, L.P., a Texas limited partnership ( "Developer "), and CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture ( "Chisholm Trail"). RECITALS: A. The City and Developer have entered into a Stormwater System Improvement Cost Participation/Reimbursement Agreement for the Storm Sewer /Drainage effective March 25, 1999 (the "City /Developer Agreement "), a copy of which is attached hereto as Exhibit A pursuant to which the City and Developer shall participate in the construction of a storm sewer system as more particularly described therein and as depicted on Exhibit B attached hereto and made a part hereof (the "Project ") as part of the City 's regional drainage program. B. The Project shall provide for the conveyance of stormwater runoff from 46.24 acres of land as more particularly described m the City/Developer Agreement, including 7.34 acres of land owned by Developer (the "Developer Property") and portions of those two tracts of land containing approximately 63.769 acres and 83.17 acres, respectively, conveyed to Chisholm Trail Joint Venture by Deed recorded in Volume 1323, Page 207 of the Official Records of Williamson County, Texas, as depicted on Exhibit B (the "Chisholm Trail Property") to allow development of those properties without the necessity of providing on -site detention facilities. C. As part of the Project, an enclosed stormwater line is proposed to be constructed across a portion of the Chisholm Trail Property as reflected on Exhibit B (the " Stormwater Line "), and Developer has requested that Chisholm Trail grant to the City an easement for the Stormwater Line. D. A portion of the Chisholm Trail Property to be served by the Project contains 3.67 acres of land, more or less (the "Chisholm Trail 3.67 Acres "), which is covered by that certain Agreement Regarding Construction of Drainage Improvements effective January 11, 1996, by and among the Chisholm Trail, Boulevard Motel Corp., a Maryland corporation, and the City (the "City /Chisholm Trail Agreement "), a copy of which is attached hereto as Exhibit C. E. Chisholm Trail has agreed to grant to the City an easement for the Stormwater Line on and subject to the terms and conditions has hereinafter set forth, and the parties desire to memorialize the agreements and understanding among them with respect to such matters. U: \RAHAYWOO 15152.62 \2R- dainage.agm4, 5/19/99 NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements of the parties as hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City, Developer and Chisholm Trail agree as follows: 1. Chisholm Trail agrees to grant to the City an easement over and across a portion of the Chisholm Trail Property to accommodate the construction of the Stormwater Line on and subject to the terms, conditions and provisions of the Enclosed Stormwater Easement attached hereto as Exhibit D and made a part hereof (the " Stormwater Line Easement "), which terms, conditions and provisions are incorporated herein by this reference and made a part hereof for all purposes as if the same had been set forth in its entirety herein. 2. Developer, at its initial cost and expense, shall construct or cause to be constructed the improvements comprising the Project, including the Stormwater Line within the Easement Tract as described in the Stormwater Line Easement on and subject to the terms and conditions set forth in the Stormwater Line Easement. The completion of the Stormwater Line shall be a condition for the issuance of any certificates of occupancy for the improvements to be constructed on the Developer Property. 3. It is acknowledged and agreed that the improvements to be constructed by Developer as part of the Project, including the Stormwater Line have been sized and designed, and are adequate, to accommodate the stormwater runoff from (i) the 7.34 acre Developer Property designated collectively on Exhibit B as "Area L," (ii) 2.27 acres, being Lot 1, Chisholm Trail Hotel Center, designated on Exhibit B as "Area M ", (iii) 8.40 acres owned by the E.L. Cervenka Estate designated on Exhibit B as Area A," (iv) 9.13 acres of the Chisholm Trail Property designated on Exhibit B as "Area B," (v) 13.50 acres of the Chisholm Trail Property designated on Exhibit B as "Area C," including the Chisholm Trail 3.67 Acres, and (vi) the existing and proposed improvement of Chisholm Trail Road designated on Exhibit B as "Area H," "Area I," Area J," "Area K" (collectively, the "Benefitted Properties "), and in addition a portion of the Chisholm Trail Property located to the west of Chisholm Trail Road. 4. Chisholm Trail acknowledges that the diversion of stormwater to Onion Creek pursuant to the Project, including the Stormwater Line, will result in the temporary increase in the inundation of the portion of the Chisholm Trail Property located west of Chisholm Trail Road between the Stormwater Line and the intersection of Chisholm Trail Road and Onion Creek to the south until the Chisholm Trail Road bridge crossing Onion Creek is improved. The City acknowledges, confirms and agrees that the improvement of Chisholm Trail Road, including the construction of the Chisholm Trail Road bridge to accommodate the conveyance of the stormwater from a 100 -year storm event, is required to eliminate the increase in the inundation of the Chisholm Trail Property resulting from the Project. The City further confirms and agrees that the improvement of Chisholm Trail Road, including such bridge, is planned as part of its capital improvement program and will be completed as required for the development of the Chisholm 2 U :RAHAY W OO /5152.621RR -0rainage.agm4. 5/19/99 Trail Property or as otherwise required by the development of the area; provided, the City does not by this Agreement agree or commit to construct such Chisholm Trail Road improvements or bridge within any specific time frame or at its sole cost. The City does agree, however, that the improvement of that portion of Chisholm Trail Road from the Stormwater Line to Onion Creek shall be required to accommodate only the drainage from the portions of the Chisholm Trail Property that naturally drains or flows to Chisholm Trail Road, and shall not include any drainage from the Benefitted Properties. 5. As part of the consideration of the construction of the Project by Developer, the grant of the Stormwater Line Easement by Chisholm Trail, and the acceptance of the increased inundation on the Chisholm Trail Property resulting from the Project on a temporary basis, the City agrees that no on -site detention shall be required for any portion of the Benefitted Properties; provided, satisfaction of the regional stormwater management fees shall be required for the Benefitted Properties in accordance with the ordinances and policies of the City. 6. Neither Developer nor Chisholm Trail shall be required or obligated to provide for stormwater runoff from any other property or for runoff from the Benefitted Properties that may require an increase in the size of the improvements comprising the Project, including specifically, the Stormwater Line as set forth herein. 7. It is expressly understood and agreed that the improvements comprising the Project, including the Stormwater Line, provide for drainage and stormwater runoff only and that Developer and Chisholm Trail shall each be required to comply with applicable requirements for the filtration of stormwater runoff from the improvements constructed on their respective properties, but only to the extent of such improvements. Neither Developer nor Chisholm Trail shall have any obligation to provide filtration of stormwater runoff from any other property or improvements. 8. The improvements comprising the Project, including the Stormwater Line, shall be constructed in accordance with the applicable standards of the City. Upon completion of the construction of the improvements comprising the Project, including the Stormwater Line, in accordance with such standards (as evidenced by a certificate of Developer's Licensed engineers), the City shall accept such improvements and shall be responsible for the maintenance of such improvements, including the Stormwater Line. 9. The City and Developer expressly agree that this Agreement shall not in any way alter, affect, modify or change the rights, entitlements, duties and obligations of any party under the City/Developer Agreement, and that Developer shall receive a credit against the regional stormwater management fees otherwise required to be paid by Developer as provided in the City /Developer Agreement. 3 U:\ RAHAYWOO \5152.62\RRdrainage.agm4, 5/19/99 10. The City and Chisholm Trail expressly acknowledge, confirm and agree that the inclusion of the Chisholm Trail 3.67 Acres within the Benefitted Properties shall not in any way alter, affect, modify or change the rights, entitlements, duties and obligations of any party under the City/Chisholm Trail Agreement. The City further agrees that Chisholm Trail may, at its sole option, elect to direct stormwater runoff from all or any part of the Chisholm Trail 3.67 Acres to the improvements constructed as part of the Project, including the Stormwater Line, pursuant to the City/Developer Agreement or to the Phase I and /or Phase II Improvements as defined in, and to be constructed pursuant to, the City/Chisholm Trail Agreement, and that in such event, the rights, entitlements, duties and obligations of any party under the City/Chisholm Trail Agreement shall not be altered, affected, modified or changed. Without limiting the generality of the foregoing, it is expressly understood and agreed that Chisholm Trail shall continue to be obligated to construct the 42" underground stormwater line and the other Phase II Improvements on and subject to the terms and conditions of the City/Chisholm Trail Agreement, and Chisholm Trail shall be entitled to the credits against the regional stormwater management fees that would be otherwise required to be paid by Chisholm Trail with respect to the Chisholm Trail Property. 11. This Agreement and the Stormwater Line Easement contains the entire agreement among the parties with respect to the matters covered hereby, and no oral statements or prior written matter not specifically incorporated herein shall be of any force and effect. No variation, modification, or changes hereof shall be binding on any party hereto unless set forth in a document executed by such party or a duly authorized agent, officer or representative thereof. 12. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. Developer and Chisholm Trail shall be entitled to assign any or all of their rights and entitlements under this Agreement by written assignment, provided the assignee assumes all obligations of the assigning party and a copy of such assignment and assumption is delivered to the other parties hereto. Except for an assignee under an assignment in accordance with the provisions hereof, nothing in this Agreement, express or implied, is intended, and shall not in any manner be construed, to confer upon any person (other than the parties hereto, and their successors and assigns) any benefits, rights or remedies under or by reason of this Agreement. 13. All notices, demands and requests hereunder shall be in writing and shall be deemed to have been properly delivered as of the date of delivery if personally delivered or as of the first business day after the date of deposit in the U.S. Mails if sent by certified mail, return receipt requested, postage prepaid, addressed: to the City at: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 4 U:\ RAHAYWOO \5152.62\RR -drainage.agm4, 5/19/99 with copy to: to Developer at: to Chisholm Trail at: Director of Public Works City of Round Rock 221 East Main Street Round Rock, Texas 78664 Round Rock Hospitality, L.P. c/o Landmark Organization, Inc. 1250 Capital of Texas Highway South Building 1, Suite 100 Austin, Texas 78746 c/o Highland Management, Inc. Southwest Tower Building 211 E. 7th Street Suite 709 Austin, Texas 78701 or to such other addressee or address which either party may so designate by sending notice as aforesaid. 14. Time is of the essence in this Agreement. 15. In addition to any other remedies to which the parties may be entitled, at law or in equity, including, without limitation, an action for damages or an injunction to prevent the violation or attempting to violate the provisions hereof, in the event of a default hereunder or breach of any obligation or agreement provided herein, the provisions of this Agreement shall be enforceable by specific performance. 16. This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations hereunder are performable in Williamson County, Texas. In the event judicial action is necessary for the interpretation or enforcement of any of the covenants and conditions contained herein, the City, Developer and Chisholm Trail 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 Westem District of Texas (Austin Division), and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions between or among the City, Developer and /or Chisholm Trail with respect to the subject matter hereof, and agree that such courts shall be the exclusive forums for the resolution of any actions between or among the City, Developer and/or Chisholm Trail with respect to the subject matter hereof. 5 U: \RAHAYWOO 15152.62 \RR- dminage.agm4, 5119/99 17. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall continue in full force and effect. 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. 18. 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 attorney's fees, costs of court and reasonable costs incurred to maintain such action, from the other party or parties, which fees may be set by the Court in the trial of 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 that may be awarded. 19. This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. EXECUTED by the parties on the dates of their respective acknowledgements to be effective the date of the last such acknowledgement. THE STATE OF TEXAS COUNTY OF WILLIAMSON CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5. 2001 THE CITY: J(.1,06 T jh ipstrument was acknowledged before me on the oZ'f — day of -May-, 1999, by arles— s086R7 A Mayor of THE CITY OF ROUND ROCK, a municipal corporation under the laws of the State of Texas, on behalf of said municipal corporation. NOTARY PUBLIC, State of Texas /t , Print Name: C,H /6r �,4 NE £• �/ T //U&Z 6 U:\ RAHAYWOO \5152.621RR -0rainage.agm4, 5/19/99 THE STATE OF TEXAS COUNTY OF TRAVIS DEVELOPER: ROUND ROCK HOSPITALITY, L.P. By: Hotel Corporation of America, a Texas corporation, General Partner § § By: Mark Schultz, 'resident This instrument was acknowledged before me on the /7 day of May, 1999, by Mark Schultz, President of Hotel Corporation of America, a Texas corporation, as General Partner of ROUND ROCK HOSPITALITY, L.P., a Texas invited partnership, on behal said corporation and limited partnership. 7 U:\ RAHAYWOO \5152.621RR -0rainage.agm4. 5/19/99 THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the,Z day of May, 1999, by David C. Bodenman, Vice President of HIGHLAND MANAGEMENT, INC., a Delaware corporation, Managing Venturer of CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture, on behalf of said corporation and joint venture. E a O F PVB ., JANICE M. WOODMAN L ; = .•' ••.v Notary Public tr y4" ;a STATE OF TEXAS ;.i My Commission a f. Expires 09/02/2000 444Y4 4 44o444444444tl0a4.eooaaooaaaec AFTER RECORDING, RETURN TO: R. Alan Haywood Graves, Dougherty, Hearon & Moody P.O. Box 98 Austin, Texas 78767 CHISHOLM TRAIL: CHISHOLM TRAIL JOINT VENTURE By: Highland Management, Inc., Managing Venturer By: (YC •�-- �. David C. Bodenman, Vice President ARY PUBLIC, `S ate of Te s ( Pf mt Name:, `; le 8 UARAHAYWOO \5152.62 \RR- drainage.agm4, 5/19/99 THE STATE OF TEXAS COUNTY OF WILLIAMSON F: NPOOOs \sssO4OR \nalnmaS. /jkg EXHIBIT A § 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, Vernon'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 1 EXHIBIT A 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 attorney'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 (b) EXHIBIT A 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 shall 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 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 corporation, General Partner By Mark Schultz, Presid Dated: 1 `44-7-444- By: 3 1999 CITY OF, OUND ROCK, TEXAS Charles Culpe. Dated: fl7/- eci 11 , 1999 ATTEST: EXHIBIT A 4 aW101Y MA HMO. COMM wa MIIIVOI.MIPere run MUM ORAIVX ARTA WP • CHISHOLM TRAIL REGIONAL STORMWATER PROJECT EXHIBIT A EXHIBIT A EXHIBIT "B" CHISHOLM TRAIL REGIONAL STORM WATER CONVEYANCE NO. ITEM QUANTITY UNIT 1 Stone 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. \ .. EXHIBIT C CHISHOLM TRAIL REGIONAL STORMWATER PROJECT was r•se m x CO CO - - - - ---- IA'.... \ \ - - _ .---- \ \ \ \ \\ ® \\ N ® \ \ - - © \\ • - , . . - \ \ / \\ AREA ID AREA SIZE MO /MEM ■•• • I \ I 1 1 I - - - - -\ - - - - - - - _-..••••••• _1- A 8.40 acres ▪ 9.13 acres C 13.50 acres 14 2.63 acres 0.99 Cr J 0.98 acres K 1.00 acres L 7.34 acres M 2.27 acres Tolal 46.24 acres CHISHOUI TRAIL HMI COME MIR 1141131011 01/WAN (SILVIO rsrsunre NANO OMITS WARM WA OAP - ,474 1 177-: - • 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. Page 2 of 3 6,2,/ f /. 4 11 7. 770 765 760 755 750 7 45 0 .00 44" .• • .'" ." 5 0 5 5 ; • 1131i ).Y Maul 5151. 5.5n11 1111. MUM .56 .. . 770 ns 7so 447 REM 714 0 , ME_TEWLS111= 01115140114 TRAIL HOTEL CENTRE Via Lk w65151.15111 a 0i14.91.5 1•4145 74.1.1705. 077777 51070 5E616 - 7414 760(110 6.61. 516. 0100 - 510 70 ,00 S. O. SWUM. INC g 4 5 0100 1 iT E . 4 . ": 7 FYN F7.1: e e e 0 EXHIBIT "C" AGRBENZNT REGARDING CONSTRL =ON OF n2.a,3D'aG3 mcnoV3. vTS This Agreement is made and entered into as of the effective date set forth below by and among C;:ISE L4 TRAIL JOINT V 3, a Texas joint venture ( "Chisholm Trail ") , BOULEVARD MOTEL CORP., a Maryland corporation_ ("Boulevard"), and Tn.. CITY OF ROUND ROC{ (the "City ") . Z3C"_'1LS , A. Chisholm Trail is the owner of certain real property in William= County, Texas, more particularly described in Deed recorded im Volume 1322, Pace 207 of the Offic Records of Williamson County, Texas (the "Chisholm Trail Property "). B. Boulevard is the owner of certain real property in Williamson County, Texas, more aarticu_arly described as Lot One (1) of a Resubdivision of Lot 1, Block "A," CEISROLM PARE SBC:ION TWO, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet !", Slides 93 -94 of the Plat Records of Williamson County, Texas (the "Boulevard Property "). C. The existing drainage facilities in the area are inadequate to allow Chisholm Trail and Boulevard to develop their respective properties, and Chisholm Trail and Boulevard gist to construct certain drainage improvements as hereinafter described es part of the City's regional drainage program to allow development of their respective properties without the necessity of on -site detention of storTrwater :runoff. D. The City has ac_eed to the construction of such drainage improvements and has approved Chisholm Trail's and Soule - card's participation in the City's regional drainage detention program on and subject to the terms and conditions provided herein, and the a parties desire to memorialize the agreements and understanding mong the with respect to such matters. NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements of the parties as hereinafter set forth, and other good and valuable consideration, the receipt and T ,' ,,AAn,rw'" \a,,7.;xo,aLr.9. :, _cps /9: au` - `'... ..cy of which are hereby dC:C:culerigac, C._ '-- Boulevard ,, _d the City agree as follows. snc_.r. _____, 1. Boulevard, az its sole cost and ex_ense, shall conct_•;c- or cause to be constructed (i) a 24" urd ate under underground within the southern portion f ho ante, k ay from Zaterstate 35 to the wz ter o of the 1Boulevard a property, (ii) a 24" underground stormwater line across the weste right -of -way of Chisholm Parkway as currently dedicated by the plat of Chisholm Park, Sec. Two, (iii) an 18" underground stormwater lire from t e termination in the northern right -cf -way of Ch so1m Parkway of a= ex_i.sti_c 18" stc nwater line providing from drake from the existing development on Chisholm ?ark, Sec. One to the 24" atornwater line to be constructed ac_oes Chisholm Parkway, (iv) a 36' underground stormwater line fror.. the 24" etor -water lime in the southern. Chisholm Parkway richt -of -way alor-c the western boundary of the Boulevard Property for a distance of 130 feet, (v) a 42" stormwater line alonc the western -boundary = the Boulevard Property from the 36" stormwater line y ^ - Sourer` t i to southwest corner of the Boulevard Property, aid (vi) an overland stormwater channel from the southwest corner of the Boulevard Property to Onion Creek; all as described on Exl-ih_t1 attached hereto and made a part hereof (the "Phase 1 Satprovemen.cs") . Those portions of the Phase I Improvements described ? (i), (ii) and (iii) above shall be constr _n corzjuhottOri with the construction by Boulevard of the souther: lanes of Chisholm Parkway fror,. Interstate 35 to the western boundary of tat. Boulevard Property, and the remainiac portions of the Phase I Improvements shall be constructed by Boulevd in conjunction with the const=ruction of improvements on the Boulevard Property. The completion of the Phase I improvements shall be a condition for the issuance of any certificates of occupancy tor the improvements to be constructed on the 3ouleva - •d Property. 2. Chisholm Trail agrees to grant to Boulevard a temporary drainage easenet:t over and across a portion of the Chisholm Trail Property to accommodate the stormwater drainace for the Phase I Improvements on and subject to the terms and provisions of the Drainage Easement attached hereto as Exhibit 3 (the "Drainace Easement "). It is acknowledged and agreed that the Drainage Easement initially is for the purpose of allowing the construction and maintenance of the overland stormwater channel as part of the Phase 1 Improvements and is a ter:ncra=y easement watch shall terminmta lino the construction of a 42" underground stormwater line connecting with the 42" stormwater line constructed as part of the Phase I Improvements az the southwest corner of the Boulevard 2 ! :4L1®171CL \532.3 % 0,•L.Ase.Jl /c5 /9: Property and conveying stor:nwate_ or drai .ace flows exceeding flows in the amounts set - -lows (tut a f the et tort, on ?x}_bit A) from said scuthweyt corner o_ he Boulevard 2rorerty to Onion Creek aa such location as maybe determined by Chisholm T ai l a ie connection an- approved by the City coon wi the 3 welozment of the development of the Chisholm Trail Property south of aisholm Parkway (the "Phase II Imp -ovemeata ). Ifion completion of the Prase II Improvements and the termination of the Drainage Easement, Chisholm Trail shall be entitled to fill the overland drainage Charnel within cha Drainage Easement as Chisholm Trail may determine .o be aF•_cpriate for the use and develotment of its property. 3. Chis c1m. Trail agrees to construct or case to be constructed the Phase II Improvements at its cos- a : expense, i stioj e ^_t tc the provisions hereof with respect to the s:•aring of such cost, at such time as the Chisholm Trail Property soul_ of Chisholm Parkway is developed. 4 . It is acknowledged and agreed that the Phase I Improvements and the Phase II Improvements have been sized and designed, and are adecaate, to accommodate the stc:mwater runoff from the following properties as reflected on i) 3.67 roperty located north acres of the Chisholm Trail ?_ ' o A: o= Chisholm Park Sec. One, (ii) Chisholm Park Sec. One, (iii) Chisholm parkway as dedicated by the plat of Chisholm stark Sec. Two, (iv) Chisholm Park Sec. Two, an d (v) 2.15 acres of the Chisholm Trail Property located south of Chisholm Parkway. Neither Boulevard nor Chisholm Trail shall be rewired or obL.cated to provide for stormwat_r runoff from any other property or for runoff from the h 6Aco_ttht _. properties i excess of the amounts indicated on Exhibit A or that may recsire an increase is the size of the stermrater lines Co arising tee Phase 1 Itnnroveme;ts or the Phase II Improvements as set fort_^, herein. 5 . • The parties agree that the cost of the Phase I Improvements and the Phase II I^.faro-.rex_ts shall be allocated the parties based on the ar..t : amount of storawater runoff floc e __ properties be .ef" by sue improvements is as follows: w Chisholm Trail - 41.66/ Boulevard - 25.9Se The City 32.35% Netxitnetandi_g the foregoing, Boulevard has agreed to construct the Phase T_ Improvements at its cost and extense, and Chisholm Trail has agreed eo constrict the Phase imprevements at its cost 3 .,tea— 3∎.:5].emea eG3.Atm.e.es %35 and expense. The mercies' :.av_ agreed a credit for CGis- - that Boulevard shall ha _ =clip Trail's Sure o_ tine cost of the Phase = Imp_oye cents against Boulevard's scare of the cost of the Phase II Impro ro Paid to Chi ou t d aasconcurrently with the execution Trail sum of $5,540.00, berg the agreed amount equal to the balance of Boulevard's share of the esti =ate_ cost of Phase II Improvements after said credit. I consideration of such payment to Chisholm :rail, d i ' the race at a._ sufficiency of which are hereby acknowledged, Chisholm Trail and the City agree that Boulevard shall have no further obligations or liability with respect to the cost of the construction II T mL'rOVemeats. oa of the _base 6 . in consideration of tae construction n of the Phase I Improvements by Boulevard at its cost and expense and the pa by Boulevard of payment _t5 share of the cost Of t_;2 construction of the Phase II Improvements, the Clay agrees that no o;; -site detention shall be rewired for the Boulevard Property, and that Boulevard shall receive a credit against the regional detention fees of $2, per ac=e otherwise required to he pa=d by Boulevard with respect to the Boulevard Pre erty in an amount equal to the cost incurred by Boulevard to construct the Phase agrees that to t� en = III�rove Phi . Boulevard a gr _a extent tie coat to construct the Phase I Improvements exceeds the amount of such regional detention fees otherwise payable by Boulevard, the City shall have no further obligations or liability with respect to such excess costs. 7 . In consideration of the construction of the Phase I' Im=vements by Chisholm,. Trail at its cost and expense, the City areas that no on -site detention shall be required for the Chisholm Trail Property, and that Chisholm Trail shall receive a credit against the regional detention fees otherwise required to be paid by Chisholm Trail with _ester*- to the Chisholm Trail Property for a number of acres eo a1 to the cost incurred by Cois_oin Trail to construct Chisholm Trail's share and the City's share of the cost to construct the Phase I1 Improvements divided by $2,400.00; -- be_nc intended that as a result of such credit, no regional detention fees shall be rewired to be paid by Chisholm Trail for the resulting =umber of ac=es of the Chisholm Trail Property. Chisholm Trail agrees that to the extent the number of acres for which Chisholm Trail would be entitled to receive a credit against the suca regional detest i c : fees exceeds the number of acres within the Chisholm Trail Property, the City shall have no further obligations or liability with respect to such excess costs. .? '∎3AiA HOC ,,1_G1_ :'=-1..s.']0.6.Acix,o: /0, /3e d . The. City as that no filtration of the st^ _ ed ve;mater runoff from t`-" ?=�eTies ne:.er_t_��• Ph - the as improvements and the Phase II Improvements shall be - part of the Phase I improvements and the ?hese provided IT_ Iapcevementa other than the filtration of the mouth one -tai` (1/2) of Chisholm Parkway adjacent to the Boulevard Property which shall he provided as part of the Phathe I Improvements; i t being understood and agreed that except for the filtration provided for said street in the Phase I improvements, the Phase I improvements and the Phase II Improvements shall provide for dratnage only and that neither Boulevard nor Chisholm Trail shall be required Co provide for filtration of such stormwater runoff. It is :nde_atccd and agreed, however, that Boulevard and Chisholm Trail shall each be res:.ired to comply with aoplicablee requirements for the filtration of sto`mwater runoff from the imarcver_ents constructed or their respective properties, but only to the mothmt of such improvements. Neither Boulevard no: Chisholm Trail shall have any obligation to provide filtration of sto- -water runoff from any other property or improvements. 9. The Phase I Improvements and the Prase II Imvrovemen *_s shall be constructed in accordance with the applicable standards of the City. Upon comoleticn of the construction of the Phase Immprovements in accordance with such standards (as evidenced by a certificate of Boulevard's licensed engineers), the City shall accept such improvements and shall be responsible for the mai=tena:.ce of the Phase 1 improvements other t-an he overland drainage r",=”ne1 covered by the Drainage Basement, which shall be maintained by Boulevard at its sole cost and expense as provided in _— Drai =age Easement. IIr_lesa Chisholm Trail and the City otherwise_ agree, upon completion of the construction of the Phase 11 Improvements in accordance with the applicable standards of the City (as evidence by a certificate of Chisholm Trail's licensed engineers), the City shall acccpt_suci improvements and shall be responsible for the maintenance c'_ the Phase I1 Improvements. Chisholm Trail shall grant a public drainage end /or storm sever easement to the City as necessary for the use, maintenance and repair of the Phase II Improveme ^its. 10. This agreement contains c a entire agreement amonc the parties with respect to the .natters covered hereby, and no oral statements or prior written matter not specifically incorporated herein shall be of any force and affect. No variation, mcdifica- ticn, or changes hereof shall be binding on any party hereto unless set forth in a document executed by such party or a duly authorize_ agent, cf or representative thereof. 5 ° :� .+ 1- 4 74 \53 :.3 L.27L'Ll:z_AtY. OUa 3 / 11. This Agreement shall be bi =di ng _ benefit. of, the parties hereto and their respective etc eaeors an assiy 5. Chisholm __ail a.Ld Boulevard shall be entitled to asai; rights l 3n any or all of their ri 7 had entitlements °:rider taig Agreement lay written assignment, provided the assignee assumes all obligations of the assioning party and a copy of such assignment is delivered to the other -+ :e and n assumption '^ pa - -__s 1 Zr_ta..hccept for as assignee under an assignment in accordance with the provisions hereof, notki in this Agreement, express or implied, i5 intended, and Waal/ not in any manner be construed, to confer upon any person (other than the parties hereto, and their successors and assi -,$) any benefits, rights or remedies under or by reason of this Agreement. 12. All notices, de:minds and requests hereunder shall be in writing and shall be deemed to have been properly delivered as of the date of delivery if personally delivered or as of the first business day after the date of denosit'in the U.S. Mails if sent by certified mail, return receipt r_q ested, postage prepaid, addressed: to Chisholm Trail a_: to Boulevard at: with copy tc: to the City at: or to such other ad` or designate by sending notice as c/o Highland Management, Inc. Southwest_ Tower Building 211 E. 7th Street Suite 709 lust i _, Texts 78701 Boulevard Motel Coro. 10750 Columbia ?iKe Silver Spring, Maryland 20901 Attt: Genera_ Counsel Boulevard *tote'_ Corp. 1C_75C Columbia Pik Silver Spring, Maryland 20901 Attn: Vice President - Real _state Development 221 East Ma_, Street Round Rock, Texas 78664 Act_a: Director, Public Works address which either tar may aforesaid. SO 6 aa�ecatss..s �a mi..o_iosn� 13. Time is of the essence is ..is Agreement. 14. In addition cc any other remedies to which the parties m=y be entitled, at law or in equity, , including, t o g, without limitation, action for Hama -es or an � 5 injunction to prevent the violation or attempting to violate_ the provisions hereof, it the event of a derault hereunder or breach of any obligation or agreement provided herein, the provisions of this Agreement shall be enforceable by specific performance. 15. This Agreement shall be construed under and in accordance with the laws of the 5 *_ate of Texas and all obligations hereunder are performable in Williamson County, Texas. In the event any one or more of the provisions contained in this Agreement_ shall for ary reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality or =enforceability shall rat affect the remainder of this Agreement, which shall continue in full force and effect. 16. Mi.: Acreem__t may be executed simultaneously in two (2) or more course -arts, each of which ara1> be deemed an or= gime , but all of which shall constitute one and the same instrument. EXECUTED by the Dart *'es on the dates set forth below their respective signatures to be effective the date the last party so signs. C3SSITOLM :RA =L: c_szOLri TRAIL JOINT VT By: _Eiich_iand Management, Inc_, N.at.aging Venturer 3y: Daivd Sedenman, vice President THE STATE OF TEXAS COMTO? OF S• 1(6 LINDA GUERRA WaryNOC. BLSS o O, BCIILSVA.RO : 3CU EVAR : MOTEL COE.2 . Sy Weldon Humphries ,/ Senior Vice ?resident TM CITY: THE CSTY •r ROUND ROCK By: Name: Title: 1 & , T This instrument was ac}cncwl_dced before m o on ha 5 day of ..anua- 1999, by Cavid BCde_nman, Vice ?resident of HIGMAND MANAGEMENT, INC., a Delaware corporation, Managing Venture= of CHISHOLM TRAIL JOINT VENTURR, a Texas joint venture, on behalf of said corporation and joint NOTARY" PUBLIC, State o Print Name: Lin . t ' L. 8 z \i.wX: .SO \3553.5N=L.:2 b72.,S!, p_ /o5 /ai TRE STS,^ OFD . COLI7':Y OF 7 ,W� =Is irstr,:mi t was acknowledged before me on the 5 of January, 1990, By Weldon 3umptries, Senior Vice President of BOULEVARD MOTEL CORP., a Maryland corporation, on behalf of said corporation. THE STATE OF TEL =S 5 5 COUNTY OF WILLIAMSON 5 5 5 5 _ LIC State It Name liNtvFEirM SHAFFER NOTARY PUBLIC STATE OF mARYLAND My Commissian Expires February 1, 1948 This inst= .men: was ac.'cnewlecced before me January, 1995, by C�NA,EL.5 L'u17-PEPPER ROC{, a municipal on behalf of said Oki of TRZ CITY OF RouriD corporation under the laws of the State of Texas monicioal corncrativ. AFTER RECORDING, aZTURN TO: R. Alan Haywood Graves, Dougherty, Hearon & Moody, P.C. P.O. Box 98 Austin, Texas 78757 on the y day of CHRISTINERMAFMNEZ ie ayas beseaareesmras hwee ieaom -0 v NOTARY _t LIc f Texa }int Name: , (�X6 - Sl /4J E �, fi3/1-E% 9 T: \i5� s o 5=2.5∎:ZRAL._C.-..f16= =5:9i A16 Z 60 SLOPED 42" HEADw.LL WITH DI551PATORS 7 . L.= 730.30 CH{ AiL • -f �2.84Ac 0 . 63 Ac �25.89cfs EX. LA QLJ — ». Ac 200 6 -95cfs (PONQE.D -R St) ` GRAPHIC SCALE IN FEU -J � y ( 1 {1 /- - 0 C y .� _ • - FUTU LA 27dAc'" 57cfs ', EX. 1 • LUG /• SEC t 24 LO 2Ac y ,.r .98 Ls , 1 1 ss.'H. .. so 4 2" Y�L�74 .55 \025 =32. \ 1 /1 S AL OFcARY - 11 l - -1 100 YEA 1 ' 1 ZLCC ?L ACY 111 a735.00 l' i 40 ErSIBIT "B" TEMPORARY DRAINAGE EASBTl3,VT ram STATE OF TEXAS 3 COUNTY OP WILLIALSSON § D. Pursuant to the terms of the Agreement, Grantor has agreed to grant and convey to Grantee a temporary drainage easement over and across a portion of Grantor's Property for the benefit of Grantee's Property, on and subject to the terms set forth below. NOW, TORE, for and in consideration of the mutual covenants and agreements at forth in the Agreement, the terms and conditions hereinafter sat fort, and other good and valuable consideration, the receipt and sufficiency of whit:: is hereby acknowledged and confessed and for which no lien or encumbrance expressed or implied, is retained, Grantor has the date GRANTED and CONVEYED an__bv these presents does GRANT and CONVEY unto r : \515:.5 \2RA a.ww.oans /,4 RECITALS: A. Chisholm Trail Joint Venture, a Texas joint venture ( "Grantor "), is the owner of certain real property in Williamson County, Texas, more particularly described in Deed recorded in Volume 1322, Page 207 oe the Official Records of Williamson County, Texas ( "Grantor's Property"). B. Soulevvr'? Motel Ccre., a Maryland coroo_ation ( "Grantee "), is the owner od certain real property in Williamson County, Texas, more particularly described as Lot Owe (1) of a Resubdivision of Lot 1, Block "A," CSISEOLM PARK SECTION TWO, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet M, Slides 93 -94 of the Plat Records of Williamson County, Texan ( "Grantee's Property "). C. The existing drainage facilities in the area are inadequate to allow Grantor and Grantee to develop their respective properties, and Grantor, Grantee and the City of Round Rock the "City ") have entered into as Agreement Regarding Construction of Drainage Improvements (the "Agree:aact ") of even data herewith recorded in the Official Records of Williamson County, Texas, pursuant to which Grantor and Grantee have agreed to construct certain drainage imercvemen *s as therein described as part of the City's regional draleage program to allow development of their respective properties without the necessity of on -site detention of sto_rmwater runoff. Grantee, its successors and assigns, for the en a t °Ora =Y drainage e astrict_on, operation, maintenanc inspection a ase of an overland stermwater or drainage mel f err repair conveying stormwater over, upon and acro tae for o purposes ed of t� wit poste= of G=aiter's property, e fo_o ng described : All that certain tract, piece or parcel of leee lying and being situated in Williamson County, TPee¢ as more particularly described in =MIT "A" attached hereto and made a part hereof for all purposes, to which refe_ -ice is here made for a more particular description of said property (the Easement Area "). Grantor does further grant unto Grantee a temporary working space easement solely for the purpose of construction activities in connection with the initial construction of said drainage cherr_el within the Easement Area and to the extent necessary for the maintenance and repair of said drainage channel as hereinafter provided; such temporary working space - easement being with respect to an area mac exceeding ten (10) feet in width on either side of the Easement Area. TO RAVE AND TO ROAD the same unto Grantee, its Successors and assigns and the subsequent owners of Grantee's Property, and Grantor does hereby bend itself, its successors and assigns to WARRANT AND FOREVER UPEND all and singular the Eaeemeet Area unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, by, through or under Grantor, but not otherwise. This Easement is made end accepted subject to and strictly conditioned upon the following: 1. Grartae shall, at its sole ccst and expense, construct or cause to be Constructed a drainage channel within the Easement Area, consisting of ae overland drainage swale, as described on Exhibit E attached hereto and made a part hereof. 'Upon completion of such drainage channel, Grantee shall, at its sole cost and expense, maintain the Easement Area by clearing, mowing and /or removing vegetation, siltation and debris to extent, but only to the extent, that the same impedes the natural flow of stormwe ter over and across the Easemet Area, and shall otherwise maintain and repair the drainage channel as necessary for the conveyance of atcrmwater and to prevent damage, by erosion or otherwise, to Grantor's adjoining property. Grantee snail prior tc tie commencement of any work within the Easement Area obtain all permits and approvals required by any governmental authority with Jurisdiction over the same; shall co;aply telly with all applicable 2 slat ter, ordinances, sotifr Grantor rules and regulat'_ons pe-eai_ inn thereto; and the Easement = or Grantee's Area and the purposes of such t_ -y, to e^tar uto case of emergency in Y a shall adviexcept ant t rof Grantee's entry possible after such entry. 2. Grantee shall at all t cenaection i *• times after join with ae construction, 5 y work e Oberatito maintenance, inspection, or repair of the draina within the _easement Area reeai' any 5d c "age done to ac ccn t Property owned by Grantor, and te to the adjacent promert repair restore said adjacent Y and any improvements located thereon to the conditic: is which the same was found 'before rani work was undertaken. Grantee's repair obligations hereunder shay_ as the result of the intentional acts or gross of repairs re li ce of Grant its employees, agents or inv tees G Grantor be responsible for any repair of damage resulting from the inten-ioea1 acts or gloss negligence Of Grantor, its employees age or invitees, and in the event Grantor as not repaired such damage within thirty (30) days after written notice f rom Grantee, Grantee may, but shall not be obligated to, make such repairs and receive reimbursement from Grantee of the reasonable, actual out -of- pocket expenses incurred by Grantee in makin ouch repairs. 3. Except for the intentional acts or the gross negligence of Grantor a' provided above, Grantee shall be Solely responsible for (and shall defend, indemnify and hold Grantor and Grantor's Property from and against any claim, loss, expense or liability with respect to) the desi and construction of the drainage channel contracted within the Easement Area; the operation, maintenance, inspection and repair thereof; and any damages resulting tram such activities or the use of the Easement Area by Grantee. Noth contained herein shall ever. be construed to place upon Grantor any manner cf liability for injury to or death of persons or for damage to or loss of property arising £ram or in a:y manner connected wish the acts, conduct or negligence of Grantee, or its contractor(s), in the design, air o construction, operation, inspection, maintenance or re Grantee agrees that any contract{ a said drainage channel. tors t of executed by Grantee for the such d_aiaage inn rove nests shah contain a provision puneuaat to whin._ the contractor shall defend, indemnify and hold Grantor harmless from and against any and all liability, cost, expense, cause of aceior_ or other claim whatsoever for injury to or death of persons or for damages to or loss of property arising from or in any manner connected with the construction of such improvements, and wa_vicc any right tc impose a lien on the Easement Area or any property of Grantor for the payment of any 3 F: \AXEMYiCO \ 5.52.5 \ :Mann =._ tabs. psi e. / 5 sum9 due to the coet_aceor for its wcr't or services i7 censer -C :i:3 the drainage channel. _ _ 4. The easement, rights a :d sclely for tee f privileges greeted heresy are Purpose o_ tine CorveyaaCe of stormwater runoff Seam the southwest corner of Grantee's Property as provided herein. This Temporary Drainage easement and the rights granted herein shall be a private easement solely for the benefit of Grantee, and .the future oweer(s) of Grantee's Property, and shall not create or grant any rights to the general public or to the owner of any other property to use or eater upon the Easement Area; provided it is understood aad agreed that the drainage channel is part of certain drainage improvements to be constructed in accordance with the terms of the Agreement and have been designed to accommodate certain drainage flows from Lot 2', Block "A," C:HISHOLM PARK SECTION TWO (the "Stewart property "), CS =SHOLM PARK SECTION ONE (the "La Quenta Property "), and from approximately 3.674 acres of lard now owned by Grantor and lccazed north of the LaQuinta Property; all as more particularly described in the Agreement. Accordingly, Grantor shall have the right to direct stormwater and/cr drainage to, and to use, the drainage improvements constructed pursuant to the Agreement, including the Easement Area, for its property, aid subject to the approval of the City of Round Rock and compliance with all applicable laws, statutes, ordinances, rules and regulations, the owners of the Stewart Property aid the LaQuinta Property shall have the right to direct stormwater and /or drainage and tc use, the drainage improvements constructed pursuant to the Agreement, including the Easement Area, for heir eropext_ea; provided such rights shall be limited to the amount o! stormwater flows as set forth in the Agreement. 5. Grantor hereby reserves and retains unto itself, and successors and assigns, the r to stormwater or 'g' 'zt to use, asece or direct drainage to and across the Easement Area in connection with the use of Grantor's Property co the extent tee improvements can accommodate such stormwater cr drainage. 6. The easement, rights and prie leges greeted hereby are temporary only and shall automatically terminate wad be of no further force and effect upon tee comp/e_tiea of a 42' underground stormwater line connecting to the =ermezationof a 42" stormwater line at the southwest corner of Grantee's P='oper`y and ccnveyirg stormwater or drainage flcws but not exceeding - ° -0W' in the amounts set fermi in the Agreement, to Onion Creek, which shall be constructed in such lccaticn as erentor, or the future owners) of Grantor's Prceerty south of Chisholm Parkway may decermene and is approved by the City. Said 42" stormwater line and - 1 shall of Constructed a -- installed _.. cor _eCt_cn wi=.. the deve' ,� _caner of 4 F 0 \ Ywoo\ =1 32.5 \JAR =2, sx,p1 /as /.s such por=ion of Grantor's Property, and a per- public drainage and /or storm sewer easement shall he granted and recorded as appropriate for said 42^ stcrtwater line. 'noon the completion: of such 42" storawater line, the acceptance thereof by the City„ and the recording of said easement, all as evidenced by the fi.liag of an Affidavit executed by Grantor, or the then owner(s) of Grantor's Property located south of Chisholm Parkway, stati:,g ouch conditions have been satisfied"and which Affidavit shall include (i) a copy of a certificate of acceptance or other bona fide evidence of the acceptance of such 42' stormwater line by the City, and (ii) a copy of the recorded easement or the recording information for such easement, this Temporary Drainage Easement stall terminate and all right; title and interest in and to the Easement Area shall revert to and revert in Grantor, or the then owner(s) Of the Easement Area, as fully and completely as if this Temporary Drainage_ Easement had not been executed, and the Easement Area shall thereafter be released of and from any rights, privileges and easements hereby granted. 7 . This Temporary Drainage Easement it further made and accepted subject to any and all easements, ccverants, rights -of- way, conditioner, restrictions, encumbrances, mineral reservations and royalty reservations, if any, relating to the above - descried land to the extent and only to the extent, that the same may still be in force and effect, and either shown of record in the Office of the County Clerk of Williamscr_ County, Texas, or apparent on the ground. 8. This Temporary Drainage Easement ma Be simultaneously in two (2) or more counterparts, each of which be deemed an original but all of which shall constitute shall the same instrument, t . one and t - EIECUra,a this the g('& day of January, 1996. CdISFHOLM TRAIL JOINT VENTURE By: Highland Management, Inc., managing nturer 5 By: David Bodex ran, Vice President i. \tuwTlcaa " � 1:v 5 N7afi'v.CT. i5![. 0: /05 /16 ACCEPTED AND AGREED: BOULEVARD MOTET CORP. By: THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the 7 +4 day of January, 1996, by David Sodenman, Vice President of HIGHLAND MANAGEMENT, INC., a Delaware corporation, Managing Venturer of CHISHOLMM TRAIT, JOI.NT VENTo s, a Texas joint venture, on behalf of j oint v _��� --� THE STATE OF COUNTY OF Weldon Humphries, Senior Vice President 5 6 § NOTARY POHL Print Name: 6 This instrument was acknowledged before me on the day o f January, 1996, by Weldon Humphries, Senior Vice President of BOULEVARD MOTS. CORP., a Maryland corporation, on behalf of said corporation. Print Name: AFTER RECORDING, RETURN TOs R. Alan Haywood Graves, Dougherty, P.O. Box 98 Austin, Texas 78767 NOTARY PUBLIC, State of Hearon ivekLa— !goody, P.C. 6 e t D of aic i�titi F:`,R4EMAGIj`,5:52..Wp]. , not.oW0]/ 6 EXHIBIT A DESCATPTION rOR A 584 -ACRE (25,440- SQUARE -FOOT) iitACi OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, SAID .5X4 -ACRE TRACT BEING A PORTION OF A 63.769 -ACRE TRACT OF LAND CONVEYED TO CHISHOLM TRAIL JOINT VENTURE, A TEXAS JOINT VENTURE BY INSTRUIt;TT RECORDED IN VOLUME 1322, PAGE 207 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 584 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE on an iron rod found on the northwest corner of the "Resubdivision of Lot 1 Block A Chisholm Park Section Two " a oubdivision L. tb p1aL Lhereoi recarced in tapinet M Slide 93 and 94 of the Plat Records of said County, said point also being a angle point in the east boundary line of said 63.769 -acre tract, thence with the west boundary line of said Subdivision, S11 °46'16'E (bearing basis) a distance of 279.47 feet to an iron rod found an a point being the southwest corner Of said Subdivision, same being an angle point in the east boundary line of said 63.769-acre tract, said point also being the'narthwest corner and POINT OF BEGINNING hereof; THENCE with the south boundary line of said Subdivision, same being the easterly boundary line of said 63.769 -acre tract, N78 °16'01 "E for a distance of 30.00 feet to a point being the northeast corner hereof; THENCE departing the south boundary line of said Subdivision, through the interior of said 63.769 -acre tract, 511 °46'16 "E for a distance of 848.00 feet to a point in the centerline of Onion Creek, same being the southeast corner hereof; THENCE continuing through the interior of said 63.759 -acre tract, with the centerline of Onion Creek, S78 °13'44'W for a distance of 30.00 feet to a point being the southwest corner hereof; THENCE departing the centerline of Onion Creek and continuing through the interior of said 63.769 -acre tract, NII °46'16 "W for a distance of 848.0Z feet to the POINT OF BEGINNING hereof and containing .584 -acre of land. Surveyed fi nder the direct sup rvision of the undersigned: Cecil JVson Chisholm Date Registered Professional Land Surveyor No. 4295 CJC: ek Job No. 763 - 501 -15 iz -ZI - 9s sualECt Two 6 11. — TEL Cri 6 336 9 2p �. grewµ sco SKETCH TO ACCOMPANY DESCRIPTION 0 0. aw flL 1L Break scale W' 2 'N CREEK M Prepared By, Date Coal Jackson C5ie1WIn,. R.P.LS. P295 9111 Missals Rood. Suite 107 �j j - A Aileen, TX 75759 ,Z -21 7 Ph. No. (512) 346-6980 L ReYCred 96 L E G E N D T1 SCALE: 1 - =t00' IRON R00 FOUND .IRF PUBLIC UTILITY EASEMENT P.U.E. TEXAS DEPARTMENT OF TXDOT TRANSPORTATION POINT OF BEGINNING P.O.B. 1 r. NJGUST.1995 JOB 1 783- 501 -15 1II. SLEEP.CRD. YOTIPLAT.DWG a abB Aee r aa i b e w ubee. ConeuRlnp Engineers 32.75 NATURAL GROUND 4 �� \. de 3 7 Al r 1,1 A Au 6• OFFSITE DRAINAGE On 22 19g5 ►ANNEL SECTION "A -A" N.T.5. OPOSED� TO CREEK C'-,1.50z± ' ` v 7 � L 3 MAX. W.5. 1 \ DEPTH 1.22' T I / \ % EXHIBIT e - A L 0 CAP. = 50.00 cfs VELOCITY - 4.23 fps TOP WIDTH = 13.34 ft. CHANNEL SLOPE = 1.50%* CONSTRUCT CONCRETE HEADWALL WITH ENERGY DISSIPATORS , (SEE OETAIL SHEET 5) AREA INLET F.L 1 r OUT)= :45.00 F.L 12 (1N)- 745.50 WINDOW ELEV.- '48.00 17.90 LF. -15' R.C.P CL 111 0 1!0% 24' OUourr F.L- 744.35 5.00 LF. -24' R.C.P. CL 111 0 2.0 DR On— 23.02 :fs CONSTRUCT 4' DI S.S. M.H. F.L 30'- 743.75 F.L 24-- 744.2! F.L 16- 744.7E OVERFLOW WIJR ;o EL- 747.00 025- 23.313, fe 1222/ 2 WATER OUALPY POND (SEE DETAILS SHEET 6 OF 10) 172.00 LF. -:10' R.C.P. CL 111 0 1.0::R SAND FILTER SURFACE ELE'.- 744.00 46.60 LF -6- SCH. 40 P.V.C. 0 0.5C% PROPOSED ;HANN TO CREEK 0 .2.00% 15 .U.E. CAB. SL. 46 21.90 LF.— 18' R.C.P. F.L. 30" (OUT).. 742.00 F.L. (OUT)— 742.00 TOTAL Ou REL.. 32.75 cis INSTALL 4' SC TOP OF GRATE. F.L 24 R.C 025'- 15.18 c', 15' P.U.E. CAB. H SL. 46 EXHIBIT D ENCLOSED STORMWATER EASEMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL PERSONS BY THESE PRESENTS: That CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture ( "Grantor ") for and in consideration of the terms, conditions and agreements set forth in that certain Agreement Regarding Stormwater System Improvements effective May , 1999, by and among the Grantee herein and Round Rock Hospitality, L.P., a Texas limited partnership, and Grantor, and other good and valuable consideration, to Grantor in hand paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the County of Williamson and State of Texas ( "Grantee "), the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, expressed or implied, is retained, has this day granted and conveyed, and by these presents does grant and convey, unto Grantee, a permanent, non - exclusive easement and right -of -way (the "Easement ") to construct, install, operate, maintain, inspect, reconstruct, and rebuild a single public enclosed, stormwater line (the "Stormwater Line ") in, under, and across the following described property, to -wit: That certain twenty (20) foot strip of land more particularly described on Exhibit "A" attached hereto and made a part hereof for all intents and purposes (the "Easement Tract "), being a strip of land containing approximately0.244 acres of land, more or less, out of the David Curry Survey No. A -130 in Williamson County, Texas, and being a part of those two tracts of land containing approximately 63.769 acres and 83.17 acres, respectively ( "Grantor's Property") conveyed to Chisholm Trail Joint Venture by Deed recorded in Volume 1323, Page 207 of the Official Records of Williamson County, Texas. Grantor further grants to Grantee: (a) the right of ingress and egress over and upon the Easement Tract and over and across Grantor's Property adjacent to the Easement Tract to the extent, but only to the extent, reasonably necessary to inspect, operate, maintain, repair and replace the Stormwater Line; provided that Grantee, in exercising such right, shall access the Stormwater Line using existing rights -of -way, streets, roads, driveways, and parking areas to the maximum extent reasonably possible; and (b) the right to mark the location of the Stormwater Line within the Easement Tract by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement Tract. U: \RAHAY W OO \5152.62\STORMSEW ER.ESM.11 /05/98 In addition to the Easement and the rights, and privileges herein granted with respect to the Easement Tract, Grantee shall have the temporary right to use the surface of Grantor's Property within fifty (50) feet of either side of the Easement Tract (the "Temporary Construction Easement Area ") to the extent necessary to construct the Stormwater Line within the Easement Tract. Upon the completion of the initial construction of the Stormwater Line within the Easement Tract, Grantee shall restore the surface of the Temporary Construction Easement Area to the condition in which the same was found before any such work was undertaken. Upon the completion of such initial construction of the Stormwater Line within the Easement Tract, Grantee's right to use the Temporary Construction Easement Area shall automatically terminate for all purposes. Grantor hereby binds itself, its assigns, successors and legal representatives to Warrant and Forever Defend the above - described easements and rights unto Grantee, its successors, and assigns, on and subject to the reservations, terms, conditions and exceptions set forth herein, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The easements, rights and privileges hereby granted are expressly made by Grantor and accepted by Grantee on and subject to the following: 1. The purpose for which the Easement is granted is for the construction, installation, operation, maintenance, inspection, reconstruction, and rebuilding of the Stormwater Line within the Easement Tract for the conveyance of stormwater, runoff and drainage, and for no other purpose. 2. The Stormwater Line to be constructed within the Easement Tract shall be a sixty- six (66) inch diameter pipe from the junction box in the right -of -way of Chisholm Trail Road at Station 5 +26.86 to Station 1 +22 and a seventy-two (72) inch diameter pipe from Station 1 +22 to Station 0 +00 as reflected on the sketch attached hereto as Exhibit B. In addition, a manhole shall be provided at Station 1+22 with a junction box and a forty -two (42) inch diameter pipe at least five (5) feet in length stubbed out at the flow line of the manhole as reflected on Exhibit B. The Stormwater Line shall be located entirely underground, and shall be installed and constructed as reflected on the profile reflected on Exhibit B, but in all events that portion of the Stormwater Line constructed between Station 1 +00 and Station 2 +O0shall be constructed of American Society for Testing & Materials (ASTM) Specification C 76, Class III Reinforced Concrete Pipe (RCP). The surface of the Easement Tract shall be covered with at least twelve (12) inches of ninety-five percent (95 %) compacted fill and shall be graded with a slope of not less than a 6 to 1. Compaction shall be performed in a maximum 8 -inch lifts at a density of 95 % using test method Tex. 113 -E. A minimum of one density test per lift and every 18,000 square feet of fill material. Fill material shall be approved by Raba - Kistner Consultants, Inc. and shall be either Stratum II (red -brown clayey sand gravel with a maximum plasticity index (PI) of 45, and with 2 U: \RAHAY W OO \5152.62 \STORM SE W ER. ESM , II/05/98 more than 40% gravel and sand content), or Stratum IV (tan weathered limestone, non - plastic). Grantor acknowledges and agrees that all or a part of the compacted fill to be used on the Easement Tract shall come from the 9.901 acres of land owned by Round Rock Hospitality, Inc. and/or A.L. Patel, Trustee, as more particularly described in Agreement Regarding Stormwater System Improvements described above. The entire area of the Easement Tract and any other portion of Grantor's Property disturbed or exposed during the installation of the Stormwater Line shall be revegetated and restored by means of sodding or seeding. The type of revegetation shall be equal to or better than the type of vegetation present before construction activities unless otherwise requested by Grantor. 3. Grantor shall not construct permanent buildings or habitable structures on the surface of the Easement Tract. Notwithstanding the foregoing, Grantor reserves and retains unto Grantor, its successors and assigns and the future owner(s) of Grantor's Property the full use of the Easement Tract for any purpose not expressly prohibited by the terms of this document and not inconsistent with the Easement herein granted unto Grantee, including specifically, but without limitation: (a) the right to construct, install, operate, repair, replace and maintain drainage and stormwater lines within the Easement Tract and to make connections to the Stormwater Line constructed within the Easement Tract for the conveyance of stormwater, runoff and drainage from Grantor's Property to the extent necessary for the use and development of Grantor's Property. (b) the right to place, construct, operate, repair, replace and maintain utility lines and facilities (including water, wastewater, gas, cable television and electric lines), streets or roads, driveways, parking areas, fences and landscaping in, over, upon, under and across the Easement Tract, and to grant public or private easements for such purposes so long as the same do not unreasonably interfere with the Stormwater Line constructed within the Easement Tract and subject to compliance with all applicable ordinances, rules and regulations of the governmental authorities having jurisdiction over the same 4. Grantee shall be solely responsible for the design and construction of the Stormwater Line constructed within the Easement Tract, the operation, maintenance and repair thereof, and any damages resulting from the activities of Grantee hereunder or the use of the Easement Tract by Grantee or parties with whom it contracts. Grantee shall indemnify Grantor, in accordance with law, against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents, employees or contractors in the course of their employment. Nothing contained herein shall ever be construed to place upon Grantor any manner of liability for injury to or death of persons or for damage to or loss of property arising from or in any manner connected with the acts, conduct or 3 U:IRAHAYWOO15152.621STORMSEWER. ESM,11/05/98 negligence of Grantee, or its contractor(s), in the design, construction and maintenance of the Stormwater Line. 5. Except as otherwise noted, the Easement herein granted shall be perpetual; provided however, in the event all or any portion of the Stormwater Line constructed within the Easement Tract is abandoned, or shall cease to be used, for a period of five (5) consecutive years the Easement and all rights and privileges granted hereby, shall automatically cease and revert to, and revest m, Grantor, its successors and assigns, or the future owner(s) of Grantor's Property, as fully and completely as if this document had not been executed and such portion shall thereafter be released of any easement, rights and privileges hereby granted. 6. Grantee shall at all times after doing any work in connection with the construction, placement, operation, maintenance, inspection, or repair of the Stormwater Line to be constructed within the Easement Tract, repair any damage done to Grantor's Property (including without limitation the lateral support thereof), and repair and restore Grantor's Property and any improvements located thereon to the condition in which the same was found before such work was undertaken. 7. The easements, rights and privileges hereby granted are further made and accepted subject to any and all easements, covenants, rights -of -way, conditions, restrictions, encumbrances, mineral reservations and royalty reservations, if any, relating to the above - described land to the extent and only to the extent, that the same may still be in force and effect, and either shown of record in the Office of the County Clerk of Williamson County, Texas, or apparent on the ground. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of May, 1999. 4 GRANTOR: CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture By: Highland Management, Inc., a Texas corporation, Managing Venturer By: David C. Bodenman, Vice President U: IRAHAYWO015152 .621STORMSEWER.5SM,11 /05/98 STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the day of May, 1999, by David C. Bodenman, Vice President of Highland Management, Inc., a Texas corporation, Managing Venturer of CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture, on behalf of said corporation and joint venture. After recording, please return to: 5 Notary Public, State of Texas Stephan L. Sheets Brown McCarroll Sheets & Crossfield, L.L.P. 309 East Main Round Rock, Texas 78664 U: \RAHAYW OO\ 5152.62 \STORMSEWER.ESM.l1 /05!98 AUSTIN SURVEYORS P.O. BOX 150243 AUSTBQ. TEXAS 78715 2105 JUST IN LANE #103 (512) 4546605 FIELD NOTES FOR 0.244 ACRES All that certain tract or parcel of land situated in the David Currry Survey, A -130, in Williamson County, Texas and being a part of a 83.167 acre tract of land conveyed to Chisholm Trail Joint Venture. by deed recorded in Volume 1322, Page 207 of the Deed Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point cm the West line of Chisholm Trail for the Northeast comer of this tract from which point a 60d nail found in an angle point of the East line of the above mentioned 83.17 acre tract bears N 13 °47'52" W 202.19 feet. THENCE S 13 °47'52" E with the West tine of Chisholm Trail 23.70 feet to the East comer of this tract from which point an iron pin found is an angle point of the said 83.17 acre tract bears S 13 °47'52" E 901.92 feet. THENCE S 43 °44'28" W 524.76 feet to the South comer of this tract. THENCE N 46 °15'32" W 20.00 feet to the West corner of this tract. THENCE N 43 °44'28" E 537.48 feet to the POINT OF BEGINNING containing 0.244 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made by me during October of 1998 and are correct to the best of my knowledge and belief. EXHIBIT "A" Page 1 of 2 Claude . e, Jr. R.P.L.S. No. 4629 Date 833.DOC /o.26-fF Sketch to accompany ffa ®adl notes Qov i 0.244 ewe tmost 04 Oand aw the Dew Od Canny &Ewan A-930 Caaaoaentsoi, 6ounty joint Chisholm Trail Venture Vol. 1222, Pg. 2C7 O' b / 71 S 13'47'52' E 23.70' 12 N 4.15'72' W 20.00' joint Venture Chisholm Trail \ Vol. ,,.��._. . Y gv. 2... • N� ^ ei POINT OF SEGNNNING , O 100 FXHTBTT A a 11111 I I GRAPHIC SCALE — FEET ♦ J. No- e.em ase Mme. se.I� 1_lo>} ine Page 2 of 2 Wye.. 0 ✓oP Orew. art WO u.mr 6r• RPM.* 100 ■ 20C AUSTIN SURVEYORS 4106 20et111 fine 1109 Austin. 7eae 76767 618 -464 -6006 EXHIBIT B DATE: June 21, 1999 SUBJECT: City Council Meeting — June 24, 1999 ITEM: 10.F.2. Consider a resolution authorizing the Mayor to execute an Agreement Regarding Stormwater System Improvements with Round Rock Hospitality, L.P. and Chisholm Trail Joint Venture. Staff Resource Person: Jim Nuse, Public Works Director.