CM-05-02-016DATE: January 28, 2005
SUBJECT: City Manager Action Item - January 28, 2005
ITEM: Authorization for the City Manager to execute a
Development Agreement with Park Valley Oaks, Ltd.
Department: Public Works
Staff Person: Danny Halden, P.E.
City Engineer
Justification:
City is allowing Park Valley Oaks, Ltd. to use an existing city -owned water
quality pond in lieu of building a new water quality pond on its own tract,
and as consideration is contractually requiring Park Valley Oaks, Ltd. to
construct and pay for pond enlargement, landscaping installation, sidewalk
construction, and to pay fees.
Funding: None
Cost: N/A
Source of funds: N/A
Outside Resources: Legal Department
Background Information:
City is allowing Park Valley Oaks, Ltd. to use an existing city -owned water
quality pond in lieu of building a new water quality pond on its own tract,
and as consideration is contractually requiring Park Valley Oaks, Ltd. to
construct and pay for pond enlargement, landscaping installation, sidewalk
construction, and to pay fees.
Public Comment: N/A
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("the Agreement") is made and entered into on
this the 151 day of the month of f- 3e0i-ii2y , 2005, by and between the CITY OF
ROUND ROCK, TEXAS, a home rule municipal corporation ("City"), and PARK VALLEY
OAKS, LTD. ("Park Valley"), and its successors and assigns.
RECITALS:
WHEREAS, Park Valley is the owner of that certain tract of land described in Exhibit A
attached hereto and made a part hereof by reference for all appropriate purposes, being 3.681
acres commonly known as Lot 1, Block A, Park Valley Oaks Subdivision (hereinafter referred to
as "Park Valley Tract"); and
WHEREAS, City is the owner of that certain tract of land described in Exhibit B attached
hereto and made a part hereof by reference for all appropriate purposes, being 0.923 acres
recorded under Document #199986349 of the Official Public Records of Williamson County,
Texas (hereinafter referred to as "City Tract"); and City Tract is located across Park Valley
Drive from Park Valley Tract; and
WHEREAS, Park Valley has represented to City that, in order to develop its Park Valley
Tract, it would be required by state statutes to adequately provide for stormwater treatment
related to the site by building a water quality pond on Park Valley Tract; and
WHEREAS, as an alternative to building such a water quality pond on Park Valley Tract,
Park Valley has requested that City allow Park Valley to use City's existing water quality pond
located on City Tract; and
WHEREAS, City is willing to grant Park Valley's request in exchange for certain
specific and valuable considerations recited in this Development Agreement; and
WHEREAS, City and Park Valley desire to enter into this Development Agreement to set
forth in writing certain covenants and conditions, and to set forth their whole agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, City and Park Valley agree as follows:
AGREEMENT
1. Project. The Project will consist of the following:
(a) expansion of the existing water quality pond on City Tract referenced
herein, in complete conformity with all requirements and specifications
shown on the site plan and construction plans approved by City, that
being "Park Valley Oaks Site Design" submitted January 26, 2005; and
00078851/jkg
CIn-os-o2-tN4,
(b) installation of certain landscaping and irrigation on City Tract on which
the water quality pond is located, in complete conformity with all
requirements and specifications shown on the site plan and construction
plans approved by City, that being "Park Valley Oaks Site Design"
submitted January 26, 2005, with the landscaping and irrigation
requirements being specifically shown on Exhibit C attached hereto and
made a part hereof by reference for all appropriate purposes; and
(c) construction of a 4' sidewalk generally along the south side of Park
Valley Drive from the west boundary line of City Tract to approximately
42' east of the east boundary line of City Tract, estimated to be
approximately 420' with two curb ramps, in complete conformity with all
requirements and specifications shown on the site plan and construction
plans approved by City, that being "Park Valley Oaks Site Design"
submitted January 26, 2005, with the sidewalk requirements being
specifically shown on Exhibit D attached hereto and made a part hereof
by reference for all appropriate purposes; and
(d) payment to City of the sum of $8,834.00 for regional detention fee
[$2,400.00 per acre x 3.681 acres], payable prior to issuance of any
building permit by City for construction on Park Valley Tract; and
(e)
payment to City of the sum of $8,834.00 for special drainage area fee
[$2,400.00 per acre x 3.681 acres], payable prior to issuance of any
building permit by City for construction on Park Valley Tract.
2. Effective Date. This Development Agreement shall be effective on the date it has
been signed by the City of Round Rock.
3. Construction and Completion of Project. Park Valley agrees to be solely
responsible for all costs of development and construction of the Project. Park Valley agrees that
construction of the Project will timely commence and be completed, and will be accepted by
City, within six (6) months after issuance of any building permit by City for construction on Park
Valley Tract and prior to issuance by City of the required Certificate of Occupancy. Once the
referenced construction has been accepted by City, City agrees to thereafter maintain the
improvements and release Park Valley from any on-going maintenance responsibility.
4. Stipulations by Parties. The parties agree, and Park Valley explicitly stipulates,
that the stormwater treatment provided by the existing water quality pond on City Tract is for
stormwater from Park Valley's Lot 1, Block A, Park Valley Oaks Subdivision tract only, and that
this Development Agreement covers Lot 1 only and does not in any fashion extend to any other
tract or property that Park Valley may now or in future own or control. The parties further agree,
and Park Valley explicitly stipulates, that City is totally and forever absolved from any
responsibility whatsoever for whether Park Valley has met its obligations under state statutes to
adequately provide for stormwater treatment related to Park Valley Tract.
2
5. No Partnership. This Development Agreement will not be construed in any form
or manner to establish a partnership, joint venture or agency, express or implied, nor any
employer-employee or borrowed servant relationship by and among the parties.
6. Notice. All notices and other communications in connection with this
Development Agreement shall be in writing and shall be considered given as follows: (i) when
delivered personally to the recipient's address as stated in this Agreement; or (ii) when sent, by
certified or registered mail, return receipt requested, to the recipient's address as stated in this
Agreement. The addresses of the parties provided below may be changed by similar notice in
writing given by the party whose address is to be changed. For the purposes of this Section 5,
the addresses of the parties for all notices are as follows:
If to City:
With a copy to:
If to Park Valley:
7. Miscellaneous.
City of Round Rock, Texas
Attention: James R. Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
Park Valley Oaks, Ltd.
1301 Capital of Texas Highway
Suite A-306
Austin, TX 78746
(a) Force Majeure. Neither City nor Park Valley shall be deemed in violation of this
Development Agreement if it is prevented from performing any of its obligations hereunder by
reasons for which it is not responsible or circumstances beyond its control. However, notice of
such impediment or delay in performance must be timely given and all reasonable efforts
undertaken to mitigate its effects.
(b) Assignment. This Development Agreement may not be assigned without the prior
express written consent of the other party, which consent shall not be unreasonably, withheld,
conditioned or delayed.
(c) Modification. This Development Agreement may not be modified or amended
except by a subsequent agreement in writing signed by both parties.
(d) Binding Effect. This Development Agreement will be binding upon and inure to
the benefit of the parties hereto and their respective successors, legal representatives and assigns.
3
(e) Entire Agreement. This Development Agreement and all exhibits attached hereto,
plus any referenced site plans and construction plans, constitute the entire agreement and
understanding between the parties and supersede all prior and contemporaneous agreements and
understandings of the parties in connection therewith.
(f) Governing Law. This Development Agreement will be construed and interpreted
in accordance with the laws of the State of Texas and venue for any legal proceedings instituted
regarding this Agreement will be in Williamson County, Texas.
(g) Captions. The captions in this Development Agreement are inserted for
convenience of reference only and in no way define, describe or limit the scope or intent of this
Development Agreement or any provisions hereof.
(h) Gender and Number. Words of any gender used in this Development Agreement
will be construed to include the other gender and words in the singular number will be construed
to include the plural, and vice versa, as the context may require herein.
(i) Multiple Counterparts. This Development Agreement may be executed in a
number of identical counterparts which, taken together, shall constitute collectively one (1)
agreement; but in making proof of this Development Agreement, it shall not be necessary to
produce or account for more than one such counterpart.
EXECUTED on this the I'� T
day of FL {3til.l , 2005.
ATTEST: CITY OF ROUND ROCK
(LiR.ts„, .jietZ).LL.
Christine R. Martinez, City Secretary
APPIOVED AS TOFORM:
By:
Printed a e: Zarty.s R. Muse. # E.
Title: Ci- yy ail1614—
Date:
5eDate: 'I.PDS
4
PARK VALLEY OAKS, LTD.
By: Medilease, Increneral Partner
By:
Da e:
5
e R. Hughes, President
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EXHIBIT
"An
i
1999b..3349 9 lQg
WARRANTY DEED
1999
ROBINSON LAND LIMITED PARTNERSIIIP, a Texas hnutod Pip'
N, III, Co -Trustee of the A 11 Robinson, Jr 1986 Fmndy Trust; Charlotte
986 Family Trost, George E Robinson 1986 Family Trust, Virginia E
Trust, Al & Charlotte Robmson 1986 Family Trost No 2 and the
Robinson 1986 Family Trust No 2
JO , Co-Trustoo of the A H Robinson, Jr 1986 Family Trust,
Fatru1y Trust, Georgo E Robinson 1986 Family Tnist, Virginia
E Robinson AI & Charlotte Robinson 1986 Family Tryst No 2 and the
Gco gc dt ' , a 986 Family Trost No 2
and
ROBINSON parte
Grantors' Mailing Address (mdu
ROBINSON LAND LIMITED PAR
P 0 Box 9556
Austro, TX 78766
Trans County
A H ROBINSON, III
P 0 Box 9556
Austro, TX 78766
Travis County
JOHN OSCAR ROBINSON
P O Box 9556
Austro, TX 78766
Travis County
ROBINSON RANCH, a Texas general partnership
P 0 Box 9556
Austin, TX 78766
Travis County
Grimace: CITY OF ROUND ROCK
EXHIBIT
WARRANTY DEED - PAGE 1
r Uwtusrunvs�uswts\w6rnuArnroro noC/4 9 ..BIT
s:(7's Malt Address (including county):
ITY OF ROUND ROCK
1 East Main Street
Bock, Texas County
AND NO/I00 DOLLARS and other good and valuable consideration
PRO
092
Ab
bcmg
general
the Official
metes and bo
) tract of land situated an the JACOB M HARREI I, SURVEY,
Comity, Tans, being a portion of a 48 505 acre tract of land
County Tax ApprusalDistnct as Tax Pavel No R315215,samc
acre tract of land (Tract Al conveyed to Robmsca Ranch,a Texas
bodes , recorded m Volume 1996, Pages; 277-238, of
d0 923 ecntract hangman particularlydescnbedby
hereto and t000rpxrated herem for all purposes
NS TO CONVEYANCE AND WARRANTY: Easements,
not, an pesmtlyrecor'ded ncsdid:loos, reservations,
severances, and other mainmasts, °therthanhas
ommg owners in any walls and fences situated on a
of improvements, and taxes for the =rent year, the
RESERVATIONS FRO
nghts-of-way, and paescnptb
covenants, conditions, exl, gas
and conveyances, that affect the
common may, any
payment of which Grantee assumes
Grantor, for the consrderateon, receipt of
exceptions to conveyance and warranty, grants
amgular the fights and appurtenances thereto
heirs, executor, adaumatrators, successors or
successors are hereby bound to warrant and forever
heirs, executors, administrators, successors and assigns
claim the sane or any part thereof, by through and undo
When. the context requires, singular nouns and pronouns
ROBINSON LAND LIMITED PAR
By Robinson Associates, a Texas General P
and subject to the reservations fromand
the property, together with all and
to have and hold t to Grantee, Grantee's
a hears, executors, admmnastrators and
err thepropertyto Grantee and Grantee's
whomsoever lawfully claiming or to
By a
A. H. Robinson, III
General Partner
WARRANTY DEED - PAGE 2
\7 4INt67MTilit1116fR6'AWe11ALMGrOPM oo[/kq
united partnership
/J^/J c _
,41
A. H R ORISON, HI, Co -Trustee of the A H Robinson, Jr 1986
Family That, Charlotte Dies Robinson 1986 Fundy Trust, George E Robmsan 1986
Family Trust, Virginia E Robamon 1986 Family Tnat, Al & C hadotteRobinson 1986
amdy That No 2 and the George & Vnguaa Robinson 1986 Family Tout No 2
JOHN OSCAR ROBINSON, Co -Trustee of the A H Robininson, k
only Trust, Charlotte Dies Rohmson 1986 Family Trust, George E Robinson
Trust, Virginia E Robinson 1986 Family Trust,Al & CladoteeRobaum
Trust No 2 and the George & Virginia Robmson 1986 Famdy TnutNo
CH, a Texas general partnership
Exempt
Chariotte Robinson
Its General Partners
Robinson, III, Co -Trustee of the Charlotte Dies
Deduction Trust and the Charlotte Dies RobnsonNoe-
as Co -Independent Executor ofthcEstate of
1
Robtmon Exempt Marital
Exempt Mantel Deduction
Charlotte Dies Robinson
Its General Partners
, Ca -Trustee of the Charlotte Dies
and the Charlotte Dies RnbaasoatNm-
Independent Executor tithe Estate of
By GER 1999 Lamrtedd Partnership, a T
By G E Robinson, LLC, a Texas
its general partner
BY
J. Oscar
WARRANTY DEED - PAGE 3
MIRIRSSAAtIVL106tAL\hob fhilaGfow DOC/kg
TEXAS
WILLIAMSON
ACKNOWLEDGMENT
acknowledged before me on the/7%y of _Ogg 1999, by A. H. ROBINSON,
Aasoaatea, a Texas General Pacnfer'slup, General Partner for ROBINSON
, a Texas hunted partnership
STATE OF TEXAS
COUNTY OF
This anstramart was
III, Co -Trustee of the A 11
George E. Robinson 1986 Family
Family Trust No 2 and the George 8t
STATE OF TEXAS
COUNTY OF WILLIAMSON
leobe-;.- Vii• 444.khaft,
Notary Public, State of Teaas
OWLEDGMENT
ACKNO
qday of Deo, 1999, by A. H. ROBINSON,
Trust, Charlotte Dies Robinson 1986 Famdy Taut,
1986 Family 'Mist, Al& ChatiotteR bison 1986
Trust No 2.
e animas
This instrument was acztowlodged beibro me on the /7 - . , by JOHN OSCAR
ROBINSON, Co..Trustec affix A H Robinson, Jr 1986 Family t+, r .. ,, .,. 1986 Fanuly
Trust, George E Robmsen 1986 Family Trust; Vrrgrma E.. �. " Al & Charlotte
Robinson 1986 Family Trust No 2 and tie Gemmae & VngunaRobmsan , ; ori 2
STATE OF TEXAS
WARRANTY DEED - PAGE 4
f i'I'=IATIV Wfl* \wSIJ\LA wlm Doty
itat•
Notary Public, State of Texan
ACKNOWLEDGMENT
Y OF WILLIAMSON 1
ofhefaameoothe a" ztayof VC -0 1999, by A. H.Rabmsea,IQ,
" .. - ,cental DedudDies Trust, and as Exempt Mental Deduction True and the Charlotte Dim Rubinson.
, Oaindependent Executor afth&Estate ofC'harlotteDies Rdxason,
'-"�'�" for the ROBINSON RANCH, a Texas �a1 partnership
r
STATE OF
Alk.41. 4-M4446%6
Notary + ubbc., State of Teras
ACKNOWLEDGMENT
COUNTY OF
This
Cosper, Co -Trustee of the
RobmsoiNcn-Exempt
Robmsoo, General Partners
STATE OF TEXAS
COUNTY OF WILLL4 MSON
1
before me on th AO ayy of DEC, /999, by Flora Robinson
Exempt Marital Deduction Trost and the Charlotte Dies
and as Co-Indepaident Executor ofthe Estate ofCharloltc Des
RAN a Texas general partnership
04_1- dAttdAtie
State of Texas
This mart was acknowledged before +,. _day . DEC. ,1999, by J Oscar Robinson,
on behalf of G E Robinson, LLC, a TexasInmted _� ,. pia for GER 1999 Limited
Partnership, a Texas limited partnership for ROBINS() a exas general partnership
WARRANTY DEED - PAGE 5
r 1 OIIIII ATIVAUTIMY\1NBIALANCIOIm MC/kg
Notary
' ABED IN THE OFFICE OF:
Brown McCarron Shits &
CrussfcId, L.L P
309 E Man St
Round Rock, Texas 78664
TO:
Brown McCarron Sheds &
CrossIcld, L L P
309E Moan St
Round Rock, Texas 78664;
WARRANTY DEED - PAGE 6
1
re tract
DENC6t1PTIp1
RE (40,217 SQUARE FOOT) TRACT OF LAND SITDA=ED IN THE
SURVEY, ABSTAACT NO. 254, IN WILLIAMSON COMM
PORTION of A 48 505 ACRE TRACT Of LAND DESIGNATED BY
TAX APPRAISAL DISTRICT AS TAX PARCEL NO:
A PORTION OF A 112.623 ACRS TRACT OF LAND (TRACT
N3ON RANCB, A TEXASGENERAL PRRTNERSBZP, AS.
RDED IN VOLUME 1996, PAGE 277-238, OF THE
Y, SAID 0.923 ACRE TRACT BEING MORE
AND BOUNDS AS P0LLCIS
R3
A),
DESCRI
OFFICI
PARTIC
said 48 505
line of Lot
according the p
Plat Records of
Lot 1, 'ARsended
a subdivision, ac
Slide 94 of the Pla
boundary line of sal • Lo
said 48 505 Acre Tract
cotton gin spindle fou
right-of-way line, as
McGray Land Surveyors, Inc
corner and POINT OF BSGAa1YNO
n rod found on an easterly corner of
a point in the westerly boundary
Oaklands Section .Two Revlsed'g,
in Cabinet J, Slide 160 of the
being the most northerly corner of
anal Plat of Round Rock Medical Center',
et thereof recorded an Cabinet P,
county, thane with the northerly
ng the southerly bounder/ lane of
of 638.70 feet to a
k Valley Drive southerly
plat prepared by McGray i
6-16-98), being the southeast
SPENCE with the southerly bo
sane being the northerly bound
(Bearing Basis/Directional Cont
to an iron rod found on the nort
en inside ell corner of said 48.5
corner hereof:
aid 48.505 Acre Tract,
id 1, 565'55'41"V
of 470.14 feet
1, same being
ang the southwest
MRCS departing the northerly bound& of sand
the interior of said 48.505 Acre Tract. 9'06'53"E
228.96 feet to an iron rod set on the propose
southerly right-of-way line, being the northwest
=MOM Contanuanq through the interior of sa
the proposed Park Valley Drive southerly
folloitnq three (3) courses and distances:
1) S76'59'07-5 for a distance of 114 68 feet to an iron
point of curvature hereof,
2) with the arc of a curve to the lett, having a
26'30'23', a radius of 607.96 feet, an arc length
and a chord which bears N89'45'12'E for a distance
to a cotton gin spindle found on an angle point in said
Park Valley Drive southerly right-of-way line, same
northeast corner hereof.
3) S14426'36'8 for a distance of 9 99 feet to the POINT O8'
hereof containing 0 923 acre of land
through
of
Drive
, with
ins the
a
of
Surveyed under the direct supervision of the undersigned
ei‘e•
Cec11 Jac Chisho)m
Reglstere fessional Land Surveyor No 4295
Baker-Aac n 4 Assoc , Inc
203 E. Nain Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
SURVEY OF 0 923 ACRE
SITUATED IN THE JACOB M HARRELL SURVEY
ABSTRACT NO 264
�•�`r WILLIAMSON COUNTY. TEXAS
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OFFICIAL PUBLIC RECORDS
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12-29-X�199999 �02:19 PM 199986349
NANCY E. RISTER . CLERK
WILLIAMSON CQNTY. TEXAS
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Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 East Main Street • Round Rock, TX 78664-5246
phone 512-255-8877 • fax 512-255-8986
MEMORANDUM
TO: Christine Martinez
City Secretary
FROM: Patti Gilmore
Legal Assistant to J. Kay Gayle
SUBJECT: Fully Executed Development Agreement — Park Valley Oaks, Ltd
DATE: February 1, 2005
Attached is a fully executed original Development Agreement between the City of
Round Rock and Park Valley Oaks, Ltd. for your records.
Should there be questions, please feel free to give me a call.
/pmg
Attachment
O:\wdox\FIRM\patti\correspo\00078909. DOC