CM-2015-926 - 10/26/2015MAINTENANCE AGREEMENT TO MAINTAIN PARKLAND,
OPEN SPACE, AND TRAILS OF VIZCAYA (AVERY NORTH),
PLANNED UNIT DEVELOPMENT NO. 96)
The following MAINTENANCE AGREEMENT entered into by and among the CITY
OF ROUND ROCK, TEXAS (City), TAYLOR MORRISON OF TEXAS, INC. (Owner), and
VIZCAYA MAINTENANCE ASSOCIATION, INC. (Association) outlines and sets forth the
responsibilities and obligations of the Owner and Association regarding the operation and
maintenance of certain property that has been zoned as parkland in Planned Unit Development
No. 96 (PUD No. 96). The portions of PUD No. 96 acquired by Owner from time to time are
referred to in this Agreement as the Property
WHEREAS, Owner and City acknowledge and agree that Section 11 of the
Development Plan in PUD No. 96 includes and provides for the development of parks and trails
which have been designated as the Parks and Trail Plan (Parks and Trails Plan) in said PUD, said
Park and Trails Plan is attached and incorporated into this Maintenance Agreement as Exhibit
A.;
WHEREAS, pursuant to the Development Plan, the parks, trails, and open space
depicted in the Parks and Trail Plan shall be dedicated to the City through the subdivision
process, unless designated as private amenities, and shall be maintained by an owners
association;
WHEREAS, Owner has established the Association to serve as the owners association
referenced in the Development Plan;
WHEREAS, the City, Owner and Association desire to enter into this separate
maintenance agreement to provide that Owner shall be responsible for construction and
Association shall be responsible for the maintenance of the parks, trails, and open space depicted
in the attached Exhibit A upon dedication to the City as provided in the Development Plan;
WHEREAS, parties agree that the above statements are not mere recitals, but are
contractual in nature;
City, Owner and Association acknowledge and agree to the following terms and
conditions:
ART. 1. INSTALLATION AND CONSTRUCTION
1.1 Owner's Duty to Install and Construct Parks, Trails, and Open Space.
Owner shall construct and install all parks, trails, and open space upon the Property as set forth
and depicted in the Parks and Trail Plan. Said Plan will not be materially modified without the
written approval of the City Parks department.
341169 CC 1
ART. 2. MAINTENANCE
2.1 Association's Duty to Perform Maintenance. Association shall have the duty
and obligation to fund all costs related to the maintenance the parks, trails, and open spaces in
the Parks and Trails Plan which shall include any improvements or modifications to the parks,
trails, and open spaces.
ART. 3
THE ASSOCIATION
3.1 Establishment of Owner's Association. Owner has created the Association for
the purpose of maintaining the parks, trails, and open space depicted in the Parks and Trails Plan.
The Association shall be responsible for all the obligations and duties applicable to it, as set forth
in this Agreement.
3.2 Owner's Duties and Responsibilities. During the period of Owner's control of
the Association, Owner will ensure that the Association is a properly functioning organization
sufficient to carry out the objectives and purposes for which it was formed or organized. Owners'
duty set forth in this paragraph shall include a duty to ensure any owners association organized
by the Owner shall employ or otherwise, retain, contract with, or utilize proper staff and
personnel to carry out the purposes for which the owners' association is created.
3.3 No Assumption of Liability. City does not assume any liability or duty with
regard to any owners association and City expressly disclaims any duty or obligation to develop
or organize a property owners' association or to take any action to ensure that any owners'
association is properly organized or has sufficient personnel to properly operate an owners'
association organized by the Owner.
Art. 4. INSURANCE
4.1 Insurance. The Association shall procure and maintain at it sole cost and
expense insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the public's use of the park property held in the name of the City.
The minimum Bodily Injury Limits shall be $300,000 per occurrence and the Property Damage
Insurance shall be $50,000 per occurrence. All insurance contracts shall be in a form approved
by the City and shall name the City as an additional insured.
OA
Art. 5. INDEMNIFICATION
5.1 Indemnification. The Association shall indemnify, defend, keep and hold
harmless, the City, its agents, officials, and employees against all suits or claims of any kind
whatsoever arising out for or by reason of any negligent or willful act of the Association in the
performance of the Association's obligations set forth in this Agreement.
Art. 6. TERMINATION
6.1 Termination. Should Owner or Association fail to fulfill any term or condition of
this Agreement, the City will provide Owner and Association with written notice to use due
diligence to cure or correct any default of the terms of this Agreement or failure to perform in
accordance with the terms of this Agreement. The City will, upon learning of any event of
default of any term of this Agreement, provide Owner and Association with written notice
allowing Owner thirty (30) days to correct or cure the identified default. If Owner or
Association fails to correct or cure the default or, fails to provides City with written notice that
either: (1) such default will be cured within the thirty (30) day period; or (2) Owner or
Association will initiate good faith efforts to remediate and eliminate the defaulting condition,
the City may terminate this Agreement. If Owner or Association notifies City in writing that
Owner will commence to cure or correct a default within the thirty (30) day period, City will
provide Owner and Association with a reasonable time to complete such corrections or to cure
such default.
6.2 City Remedies Due to Default. If Owner and Association fail to cure or take
corrective action to cure a default as specified in this Article, City may pursue any of the
following remedies regardless of whether the City terminates the Agreement:
a. City may submit a claim upon any bond or letter of credit as required by this
Agreement;
b. City may seek injunctive relief in any court of competent jurisdiction;
C. City may sue Owner for damages arising out of any default by Owner under this
Agreement and City may sue Association for any damages arising out of any
default by Association under this Agreement (and the prevailing party in any
dispute or litigation will be entitled to recover all of its costs and expenses from
the non -prevailing party); or
d. City may elect to terminate this agreement.
ART 7. GENERAL TERMS AND CONDITIONS
7.1 Entire Agreement. The entire agreement among City, Owner and Association
with regard to maintenance responsibility of the Property is set forth within this instrument. Any
modifications or amendments to this Agreement must be in writing and approved by the City,
Owner and Association. The parties expressly agree that no oral agreements, statements,
discussions or communications shall be effective in amending any provision set forth within this
Agreement.
7.2 Venue. Venue for any legal action to construe or enforce the terms of this
Agreement shall lie exclusively in Williamson County, Texas.
7.3 Waiver. The waiver by City of any breach of any provision of this Agreement shall
not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different
provision of this Agreement.
7.4. No Representations. Owner has not relied upon any representation by the City,
or by any agent, employee, representative, official, elected representative, or attorney of the City
in entering into this Agreement.
7.5. Time is of the Essence. As for any notice periods and time periods during which
Owner must cure any identified defaults of this Agreement, time is expressly declared to be of the
essence in this Agreement.
7.6. Binding on Heirs and Assigns. All provisions of this Agreement shall extend to
and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the
heirs, executors, representatives, successors, and assigns of each party to this Agreement.
7.7. Rights and Remedies Cumulative. The rights and remedies set forth within this
Agreement are cumulative and the use of any one right or remedy by either party shall not preclude
or waive its right to use any or all other remedies. Said rights and remedies are given in addition to
any other rights the parties may have by law, statute, ordinance, or otherwise.
7.8 Legal Construction. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
(Signatures on Following Page)
4
CITY:
CITY O ROUND RO {, TEXAS
By:
OWNER:
Taylor Morrison of Texas, Inc.,
A Texas corporation
n
ASSOCIATION:
Vizcaya Maintenance Association, Inc.,
A Texas non-profit corporation
/
By: ;'
Printed Name: WieALe,1
Its i
11. PARKS, OPEN SPACE AND TRAILS
11.1. The Parks and Trails Plan is illustrated on Exhibit "E" (Open Space, Parks and
Trails). Approximately 102.6 acres of parks and open space are located within
the Plan. Unless otherwise modified within the Plan, paries and trails shall
comply with the development standards outlined in the City Code, Chapter 36,
Article III, Parkland Requirement.
11.2. As illustrated on Exhibit "E", a range of open space and parks ranging from
linear parks, amenity centers, floodplain, and amenity detention/retention
facilities will be provided within the Plan to meet the parkland requirement. The
Parkland Dedication Analysis table included on Exhibit "IE2" (Parkland
Dedication Analysis) outlines the acreage totals and comparison of parkland
required by Chapter 36, Article 111, compared to the parkland within the PIan
area. All residential and non-residential parkland dedication requirements for the
Plan will be satisfied with the parkland dedication, trail and trailhead development
outlined below and as shown on Exhibit "E".
11..3. According to Chapter 36-73 (b), the developer of a nonresidential subdivision will
be assessed a parkland fee. The parkland provided in the Parks and Trails Plan
Exhibit "E" shall be used to meet the parkland requirement for nonresidential
development within Avery North as outlined in Exhibit "E-2".
11.4. As outlined on Exhibit "E-2", the parkland requirement for the subdivision is
exceeded with what is shown on Exhibit "E". The additional Parkland
Requirement Credits outlined on Exhibit "E-2"can be credited to the adjacent
properties shown on Exhibit "E-1" (Adjacent Properties Eligible for Parkland
Credit) for future expansion of the Plan area. No other tracts shall be allowed to
utilize/transfer Parkland Requirement Credits from the Plan. Parkland
Requirement Credits shall be applied according to Chapter 36, Article III, as
amended and as applicable at the time of the development of the adjacent
properties shown on Exhibit "E-11'. Credits shalt be transferred at a 1:1 ratio to
be applied to the Parkland Dedication Requirements of those properties. Any
EXHIBIT
341169 CC A-1
Parkland Dedication Requirements not met with the transfer of the 45.71 acre
Parkland Requirement Credits (as shown on Exhibit "E-2") shall be met with
additional parkland dedication or fee in lieu of parkland dedication associated
with those propeMes/developments.
11.5. The parks, trails and open space depicted on Exhibit "E" shall be dedicated to
the City through the subdivision process, unless designated as a private amenity.
Park improvements and trails will be constructed by the Owner and maintained by
an owners association.
11.6. The following park and open space facilities shall be provided, according to the
specifications listed:
(1} Linear Parks and Greenbelts
Linear parkways and greenbelts within Avery North shall consist of areas with a
minimum width of 50'. Chapter 36-76 (a) (2) of the Round Rock Zoning
Ordinance shall not apply to linear parks and greenbelts.
(2) Parkland Public Street Frontage
A minimum of 200' of contiguous frontage on a public street is required for
parkland that is convoyed to the City.
(3) Amenity lakes and detention facilities
F_.nhanced amenity lakes and detention facilities, as described below, may be
incorporated into parkland areas but shall not exceed 50% of the overall
parkland acreage dedicated. All amenity lakes and detention facilities
incorporated into parkland areas within Avery North shall meet the following
requirements:
(a) All permanent bodies of water, such as lakes and retention ponds shall
include an integrated management program to insure acceptable water
quality and to maintain ecological balance of oxygen, nutrients, light, and
temperature. Aeration systems providing oxygen transfer and aerator
fountains for aesthetic appeal shall be utilized as appropriate to the pond
type, size and depth. Biological controls will be enhanced through selection
of appropriate water plant species.
(b) Retention lakes shall be designed as curvilinear, nonrectangular shapes
with a slope not exceeding 3:1.
(c) The lake perimeters shall be either a hard edge or shall contain
landscaping. If landscaping is provided, the amount of plant material
required shall be calculated by the number of square feet within a 30 -foot
perimeter of the lake, as measured from the line of 25 -year inundation of
the lake. Design features and planting schemes shall be subject to the
approval of the City.
A-2
(i) A minimum of one (1) 3" caliper tree and two (2) 5 gallon shrubs
shall be planted for every 1000 square feet;
(ii) Fencing shall be constructed of wrought iron, tubular steel or other
similar products.
11.7. Trails
A minimum of 10,000 linear feet of trails shall be constructed. All trails shall be
concrete or decomposed granite and a minimum width of eight feet (8').
Trailhead access points shall be provided, as illustrated on Exhibit "E".
I L& Phasing
The parkland contained in Exhibit "E" shall be constructed along with the
construction of the residential or commercial development which contains or is
adjacent to the parkland.
12. LANDSCAPING AND ROADWAY DESIGN
The landscape development standards outlined in Section 46-195, Landscaping, shall
apply, with the following modifications.
12.1. Drought Tolerant Turf Grasses
All development areas, including residential, which include turf shall utilize
Drought Tolerant Turf Grasses, as defined in the Code.
12.2. Native Adapted Plants
Plant material within the Avery North PUD shall be of a native and/or adaptod
species, including those selected from Native and Adapted Landscape Plants, an
Earth -wise Guide for Central Texas, created by the Texas Cooperative Extension,
Grow Green and the Ladybird Johnson National Wildflower Center.
12.3. Residential Lot Trees
A minimum of two (2), three-inch (3") caliper container -grown Large species
trees shall be provided on all Single Family Detached Estate, Large and Standard
lots. A minimum of one (1), three-inch (3') caliper container -grown tree shall be
provided on all Casita lots.
12.4. Primary and Collector Road Landscape
a) rimary and Collector Roads shall have a minimum ten (10) feet of
landscape easement from each side of the right of way to the abutting PUE.
Exceptions may be granted by the Zoning Administrator for limited site
specific variations where a reduction from the ten (10) feet is requested.
The landscape easement shall contain sidewalks, street tree plantings, plant
beds, subdivision walls and neighborhood entry monuments. Site Furniture
will be provided at trailhead locations as indicated on Exhibit "E".
b) The landscaping within the landscape easement shall comply with the City
A-3
9
F
*I
City of Round Rock
IREMXAS
OU
ROac Agenda Item Summary
Agenda Number:
Title: Maintenance Agreement with Taylor Morrison of Texas and Vizcaya
Maintenance Association, Inc. to maintain parkland, open space and trails
of Vizcaya (Avery North) Planned Unit Development No. 96.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/23/2015
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LAF - Vizcaya Maintenance Agreement, Vizcaya MA exhibit, Vizcaya MA
Department: Planning and Development Services Department
Text of Legislative File CM -2015-926
Maintenance Agreement with Taylor Morrison of Texas and Vizcaya Maintenance Association, Inc. to
maintain parkland, open space and trails of Vizcaya (Avery North) Planned Unit Development No. 96.
Consider executing a Maintenance Agreement with Taylor Morrison of Texas and Vizcaya Maintenance
Association, Inc. to maintain parkland, open space and trails of Vizcaya (Avery North) Planned Unit
Development No. 96.
The recommended action is to approve this Maintenance Agreement.
City of Round Rock Page 1 Printed on IOA 201 S