CM-05-01-015C�'l-
Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department: Administration
Contact Person: Christine Martinez
Project Name: Waterline Relocation
ContractorNendor Name: Timberlane Investments, Inc.
Project Manager/Resource: Jim Nuse
Council Meeting Date:
Funding Source:
Assigned Attorney:
CM Signature
Steve Sheets
Amount: (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item
Yes No n
Yes No n
Submission to City Manager - Yes X No n
(see required signatures below before submission to the City Manager)
• Initial Construction Contract
Construction Contract Amendment #
▪ Change Order
nChange in Quantity
=Unforeseen Circumstances
• Initial Professional Services Agreement
▪ Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
▪ Other (Please clearly identify action on lines below)
Agenda Wording: Letter Agreement requesting the relocation of 8" waterline.
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
City Attorney Signature: " \ Date:
City Manager Signature: 1/ Date: j — 05
al Approval is required for all items requesting City Manager's approval.
Finance Approval
Finance -Date and Signature:
❑ Purchasing -Date and Signature:
giadministration/cmgr-council action.xls 7-14-04
01/31/2005 11:58 15122449519
SUMMIT COMMERCIAL PAGE 02
LETTER AGREEMENT FOR
WATERLINE RELOCATION
This Letter Agreement for Waterline Relocation (this "Agreement") is by and.
between Timberlane Investments, Inc., a Texas corporation ("Timberlane") and the City
of Round Rock, Texas, a Texas homerule city (the "City").
WHEREAS, Timberlane is in the process of purchasing certain property known as
2.78 acres, being more fully described on Exhibit "A" attached hereto for all purposes
(the "Property") from The Old Settlers Association of Williamson County, Texas (the
"Association");
WHEREAS, an eight inch (8") waterline owned by and under the sole and.
exclusive control of the City (the "Waterline") currently crosses a portion of the Property
along a route agreed to by the Association, but not within a formally dedicated casement;
WHEREAS, upon Timberlane's purchase of the Property, Timberlane plans to
develop the Property in accordance with the development ordinances of the City, and as
part of such development will relocate, at Timberlane's expense, the Waterline to a new
location acceptable to both the City and Timberlane; and
WHEREAS, the parties wish to set forth such matters in this Agreement.
NOW, THEREFORE, the parties agree as set forth above and as follows:
1. Upon the development of the Property by Timberlane, it is understood and
agreed that the Waterline may be relocated by Timberlane in accordance with the
development standards and ordinances of the City to another location acceptable to the
City and Timberlane. Such relocation shall be within a pub]ically dedicated easement
across the Property and shall be at Timberlane's expense.
2. The provisions of this Agreement shall continue as the obligations and benefits
of the successors and assigns of the parties hereto for al] purposes.
This Agreement may be executed in multiple counterparts and shall be considered
one document, and a facsimile of the executed Agreement shall be considered fully and
properly executed for all purposes.
Executed as of 2$ ofJanuary, 2005.
The City of Round Rock, Texas
a Texas homerule city
{O0O46866.DOC 1)
JAN -31-2005 11:05
Timberlane Investments, Inc.,
a Texas corporation
By: ��
a/.
ures Lassiter, President
15122449519 98% P.02
01/31/2005 11:58 15122449519
SUMMIT COMMERCIAL PAGE 01
SUMMIT
COMMERCIAL INDUSTRIAL PROPERTIES, INC.
VIA FACSIMILE
To: Jim Nuse
Fax: (512)218-7097
From: Russ Boles
Date: January 31, 2005
Re: Letter Agreement for Waterline Relocation — CORR/Timberlane
This is page 1 of 2
Dear Jim:
Please find attached a fully executed copy of the above referenced documents.
Please call me if you have any questions.
JAN -31-2005 11.05
18 CFOSFIOLM TRIAL • ROUND ROCK. TEXAS 78681
PHONE: (512)244-9707 • FAX: (_12)244.9519
ROSS(JSVMMIT-COMMERR'A ICOM
15122449519 97%
P.01
LETTER AGREEMENT FOR
WATERLINE RELOCATION
This Letter Agreement for Waterline Relocation (this "Agreement") is by and
between Timberlane Investments, Inc., a Texas corporation ("Timberlane") and the City
of Round Rock, Texas, a Texas homerule city (the "City").
WHEREAS, Timberlane is in the process of purchasing certain property known as
2.78 acres, being more fully described on Exhibit "A" attached hereto for all purposes
(the "Property") from The Old Settlers Association of Williamson County, Texas (the
"Association");
WHEREAS, an eight inch (8") waterline owned by and under the sole and
exclusive control of the City (the "Waterline") currently crosses a portion of the Property
along a route agreed to by the Association, but not within a formally dedicated easement;
WHEREAS, upon Timberlane's purchase of the Property, Timberlane plans to
develop the Property in accordance with the development ordinances of the City, and as
part of such development will relocate, at Timberlane's expense, the Waterline to a new
location acceptable to both the City and Timberlane; and
WHEREAS, the parties wish to set forth such matters in this Agreement.
NOW, THEREFORE, the parties agree as set forth above and as follows:
1. Upon the development of the Property by Timberlane, it is understood and
agreed that the Waterline may be relocated by Timberlane in accordance with the
development standards and ordinances of the City to another location acceptable to the
City and Timberlane. Such relocation shall be within a publically dedicated easement
across the Property and shall be at Timberlane's expense.
2. The provisions of this Agreement shall continue as the obligations and benefits
of the successors and assigns of the parties hereto for all purposes.
This Agreement may be executed in multiple counterparts and shall be considered
one document, and a facsimile of the executed Agreement shall be considered fully and
properly executed for all purposes.
Executed as of 2$ of January, 2005.
The City of Round Rock, Texas Timberlane Investments, Inc.,
a Texas homerule city a Texas corporation
By:
Name:
Title:
Cro
{00046866.DOC /}
By:
James Lassiter, President