CM-2016-1055 - 3/4/2016STATE OF TEXAS DEVELOPMENT AGREEMENT
WITH
CITY OF ROUND ROCK
§
§
§TECH.t'll-CENTER PARTNERS, LIMITED
This DEVE LOPMENT AGREEMENT ("Agreement") is made by and between
TECHNI-CENTER PARTNERS, Lll\UTED, (hereinafter called the "Owner"), and the CITY
OF ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and th.rough their duly
authoiized officials.
WHEREAS, Owner is owner of a certain 0.575 acre tract of land located within the City
of Round Rock at 1001 South Mays Street, and more particularly described in Exhibit "A",
attached hereto and incorporated herein, and
WHEREAS, the Property abuts South Mays Street, with access to South Mays Street
from the existing driveway (the "Existing Driveway") as shown on Exhibit "B" attached hereto
and inco rporate herein, and
WHEREAS, the City desires to re-locate the Existing Driveway to a new location which
will align with the intersection of South Mays Street and Mays Crossing Drive (the "Work") as
shown on Exhibit "B", and
WHEREAS, Owner desires to co-operate with the City in the re-location the Existing
Driveway, and
NOW THEREFORE, for and in consideration of the promises and the mutual
agreements set forth herein, the City and Owner hereby agree as follows:
A.PURPOSE
The pt1 rpose of this Agreement is to allow the City to re-locate the Existing Driveway to
the new location shown on Exhibit "B" and to provide for re-striping, re-design and
reconstruction of a portion of the existing parking lot on the Property.
B.GENERAL TERMS AND CONDITIONS
351456bk
l. The Owner and the City agree to allow the City, at its sole cost and expense, to re
locate the Existing Driveway on the Property to the new location as shown on
Exhibit "B".
2.The Owner shall allow the City to enter the Property to re-stripe, re-design and re
construct the parking spaces on the Property based on the design and work shown
on Exhibit "B".
3.The City shall perfom1 the Work in a good and workmanlike manner.
tM �--2b I �j �'5-' f
4. The City shall make every effort to not completely block ingress or egress to the
Property during normal business hours. If the Work necessitates the complete
blocking of ingress or egress of the Property, the City shall notify the Owner at
least *21* days prior to the time the blocking will occur. If access to the Property
is blocked during normal business hours, the City will make its best effort to
provide an alternative parking plan for use by Owner and the Property's tenants.
5. The water and all utilities shall not be off for longer than one day. If water and all
utilities are off for more than one day, that day shall be a Saturday or Sunday. If
the Work necessitates the turning off of utilities to the Property, the City shall
notify the Owner at least two (2) days prior to the time the utilities are to be
turned off. The City shall relocate the water meter and any water lines that need
to be relocated, including any irrigation water lines or valves, before any other
work is done. The City shall pay all cost associated with the relocation of any
City water lines, meters or irrigation lines and valves. All of the cost of repairs
required to the parking lot surface and landscape due to the relocation work shall
be paid by the City.
6. The Work is expected to take 120 calendar days to complete. At least 10 calendar
days before beginning the Work, the City shall notify Owner of the start date and
the expected completion date of the Work.
7. The City shall indemnify, to the extent allowed by law, Owner against any loss
and damage which shall be caused in the performance of the Work, or by any
wrongful or negligent act or omission of City's agents or employees in the course
of their employment. The City shall provide to Owner proof of insurance of the
contractor engaged by the City to perform the Work, and Owner shall be named
as an additional insured.
S. The City shall ensure that no mechanics' or materialmen's liens or any other
encumbrances are imposed on the Property as a result of the Work. If a worker,
supplier, contractor, or subcontractor should file such a lien or encumbrance, City
shall promptly take the necessary steps at its own expense to remove and
discharge it.
C. TEMPORARY CONSTRUCTION EASEMENT
1. Owner agrees to grant the City a temporary construction easement across the
Property to complete the work described in Section B, above. The temporary
construction easement shall be tailored to require the minimum amount of area
required for City to perform the Work.
2. The City shall indemnify, to the extent allowed by law, Owner against any loss
and damage which shall be caused by the exercise of the temporary construction
easement or by any wrongful or negligent act or omission of City's agents or
employees in the course of their employment. The City shall make its best effort to
not completely block ingress and egress to the Property during normal business hours.
D. MISCELLANEOUS PROVISIONS
1. Actions Performable. The City and the Owner agree that all actions to be
performed under this Agreement are performable in Williamson County, Texas.
2. Governing Law. The City and Owner agree that this Agreement has been made
under the laws of the State of Texas in effect on this date, and that any
interpretation of this Agreement at a firture date shall be made under the laws of
the State of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction, the entire Agreement shall not
be void; but the remaining provisions shall continue in effect as nearly as possible
in accordance with the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the
patties and supersedes all prior written and oral matters related to this agreement.
Any amendment to this Agreement must be in writing and signed by all parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference
and expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by
this Agreement shall be in writing and shall be sent by (i) telecopy, with the
original delivered by hand or overnight carrier, (ii) by overnight courier or hand
delivery, or (iii) certified mail, postage prepaid, return receipt requested, and
addressed to the parties at the following addresses:
Citv:
Laurie Hadley
City Manager
221 East Main Street
Round Rock, Texas 78664
with copies to:
City Attorney Steve Sheets
309 East Main
Round Rock, Texas 78664
Phone: (512) 255-8877
Owner:
Techni-Center Partners. Limited
Attn: David Edelman
3834 Spicewood Springs Road
Suite 9202
Austin,Texas 78759
Phone: (512)439-4300
fvith copies to:
Mitchell D. Savrick
Savrick, Schumann, Johnson, McGarr. Kaminski & Shirley, L.L.P.
4330 Gaines Ranch Loop, Suite 150
Austin, Texas 78735
Phone: (5 12) 347-1604
7. Force Majeure. Owner and the City agree that the obligations of each party shall
be subject to force majeure events such as natural calamity, fire or strike or
inclement weather. City shall notify Owner within five (5) days of discovering a
force majeure event that may result in a delay of the Work.
8. Assig1iment. This Agreement may be assigned by the Owner only with the prior
written approval of the City, which shall not be unreasonably withheld.
9. Sisnathu-e Warranty Clause. The signatories to this Agreement represent and
warrant that they have the authority to execute this Agreement on behalf of the
City and Developer, respectively.
(signatures on followin-page)
4.
SIGNED as of this day of , _0161
CITY ROUND ROC , TEXAS
B
Laurie Hadley, C ty Manager
T HNI ENT"l�RPAR'1:NFARS, LIMITED
I
1 �I
DAVID EDELMAN, as its
Pk(Si �6- --` o-f C,�-Al RAL PAhX16A
s.
EXHIBIT"A"
Property Description
Lots 1 I and 12, of South Mays Commercial Park Section Two, a subdivision in
Williamson County, Texas, according to the map or plat thereof recorded in
Cabinet E, Slide 206, Plat Records of Williamson County, Texas (the"Property"),
and
6.
EXHIBIT"B"
Site Description
7.
LEGEND
NI.mLmOCVIKN OF UTKIEpGTt011fi0 UmR1Es 2 AFY'RO%RUTE. 1.I SIGNAL 1[AO 1 L40E1
COTffPMIOR SrVl1 C41'fIXAT ONE 0111 (600-]�5-45451 Nsl�..•— SIGNAL t'01.[ PAST AWN
rRgR TO EXGAVAfgH.ff IT
T/IE CONmACif!R A REST045TK11Y TO
AVOID WAGE TO CINSTPW UTURES VIVDS CAWTR4
x.EXACT LOCATION Of rWILL PE DETERMEN lRfE . s �
ILSN SIGN
rwEESumiccTTo AL mi"ALBr TcnNc[Mr#"
IT IS THE tONT ACTOR'S PESIro115f lull TO vER►Y ` y PED-POLE
tH CXAT'T LOCATION w1TN THE RRrtrlm EIM:NEER rRNM TO
DRRUNO DR EXrlrvAnrr+. '�, re0 rtAlp
] EXISTFIO GROU"O NOUNTED'STop,SIGNS TO LIC REMOVED i II i j �--` • 0 20 AO L1 ELECTRICAL SERVICE
UPON OPFJAl10t1 Q me S1CNN.. I • SIGNAL CABINET
r
I I � '� �•.` i CALEf I'•40' m TTrE A GROUND Box
IrK j 0 GROUND BOX
y it��I I ( / ,\``•� MI
CONI GROUND
_-------
CONDUIT-DOPED
-- f ►-1( LWiNA(RE
RAO to
OPTICON
Ii I j
SIGNAL POLE LABEL
v
vIYDs LABEL
E71m u,"MROmm CD
11T LAREL
CAmr.UNE �� RAISEO rvYT WARXER
EXIN,*— DOST UNDERGROUND—S EXIST CAS LINE
IST
T11"ONE LNE !!.. I -
\ EAST UIgVtGROUVO—� i I�I L� i i I f a I I EXIST OVERt1EA0 ELECTRIC
rowr"LRM' r EXIST FIBER d'TIC CABLE
I I _ I / EXIST STORK DRAIN
EXIST RATER LINE
I
-
--- EXIST WASTE WATERLINE
I__ i j _ fV 1 I I,� �:• FIFE HYDRANT
I � IID 7 9 5 • r -� VALVE
RIGHT OF RAY
rc n GRnsnK: MAYS CROSSING DRIVE STI II,I I
EKE LINE
�_--- I IT ---1--�� •II7�i .. II EXISTING SIGN
"S
a I o0 x•v0 101
FI � I 4 3' Se rtwAr /
I
L .
r r� I
iT a0•�cc_.1/
•E_7—l.T o�vGrI—�J_•—�// j�l.B]PfII
!(I IIl6I 11i
AIi II QI II�YI;II .�i WFf�L I _. I S7i,()I 7. iI C,/\ �_—'• _—.--—
..—_..._F`•_`.a'7 1Fr�7(Il
I'•Li .
1 W,1
u` RuEv�IS",fIO;N a
fr�
'T
10_1
• ('ll1('BI•I
Y
rIR,E WATER MnXaT STOP e 7
EAST ROM-1 —EXIST WASTE
LR
[FIST iN0EG01R
FY
ILECTRM LFfE RIE
tA
.n _
NSALL ElrySER10/26/
Oxo 0NS)MCrUX! j/ O 'llAEIWATER >
wcnlERIE CW OF RGD A@15
O
AFT.u[
A
I �
j II
ME LOCATIONS- SOUTH MAYS ST.
r f
I l
Tb6 r! I STA
O
AND MAYS CROSSIN
G DR.
O1fOIC C
A x!155 ]P LER PROPOSED SIGNAL AOU
T
R 2�IP!l 37 NIGHT
I ED
���EXS024 SCALEI t' 40'DRAIN UNE
E
LEFT
• 511[[7 2 OF e
MUE LOCATIONS IN RUERENCE TO WAYS
CROSSING CENTEPLIK
Tr.n m n
lE%AS WILLIAAbON RUUNU ROCK
NReH.n •ww•. 13
City of Round Rock
1
r°x"so Roci< Agenda Item Summary
Agenda Number:
Title: Consider executing a Development Agreement with Techni-Center
Partners, Limited for relocation of existing driveway to align with the
intersection of South Mays Street and Mays Crossing Drive.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/4/2016
Dept Director: Gary D. Hudder, Transportation Director
Cost:
Indexes:
Attachments: Partially executed agreement
Department: Transportation Department
Text of Legislative File CM-2016-1055
Consider executing a Development Agreement with Techni-Center Partners, Limited for
relocation of existing driveway to align with the intersection of South Mays Street and
Mays Crossing Drive.
The City desires to build intersection improvements at the South Mays and Mays
Crossing intersection which will include the installation of a four legged traffic signal. In
order to do so the City desires to relocate the existing Techni-Center Partners driveway
to a new location which will align with the intersection of South Mays Street and Mays
Crossing Drive. In order to complete these improvements the City will relocate the
existing driveway, re-stripe, redesign, and reconstruct a portion of the existing parking
lot on the property of said owner.
This agreement will provide the City with a temporary construction easement across the
property to complete the work described above. The duration of the project is 120
calendar days. The owner will be notified at least 10 calendar days before beginning
the work.
The cost associated with this development agreement is contained within the signal placement
contract.
City of Round Rock Page 1 Printed on 31412016