CM-13-04-021ROUND ROCK TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Development Agreement with Flagship, Ltd.
Partnership regarding the realignment of the driveway with the Lake Creek
intersection.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/12/2013
Dept Director: Gary Hudder, Transportation Director
Cost: $0.00
Indexes:
Attachments: EXHIBIT01_RM620_LAKECREEK.pdf, Development Agreement 1300
Round Rock Ave 12-6-12 Updated (00264215).doc, LAF - Development
Agreement w- Flagship Ltd Partnership (00271796).pdf, RM 620 at Lake
Creek Partially Executed.pdf
Text of Legislative File CM -13-021
The signalized intersection of RM 620 and Lake Creek Drive features an offset driveway on RM 620
immediately west of this intersection, which creates safety concerns for pedestrians and motorists in the area.
The owner of this property, Ms. Vicki Bennett, has agreed to allow the City to relocate her driveway so that it
aligns with the intersection and creates a safer condition (see attached exhibit). Realignment of this driveway
will require that the some portions of the private parking area be restriped and/or reconstructed.
This development agreement will allow the City to go forward with this project; next steps will include a
consultant contract to design the improvements, followed by a construction contract to construct the
improvements. These changes will complement the improvements which are a part of the RM 620 Safety
Improvements Project; however, making these improvements now will allow us to improve the safety at this
intersection immediately, rather than wait on the larger roadway project.
Staff recommends approval of this item.
City of Round Rock Page 1 Printed on 4/10/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Transportation
Project Mgr/Resource:.John Dean
Council Action:
ORDINANCE
Agenda Wording
Project Name: Development Agreement
ContractorNendor: Flagship, Ltd. Partnership
n RESOLUTION
xx City Manager Approval
CMA Wording
Consider executing a Development Agreement with Flagship, Ltd. Partnership regarding the realignment of driveway with the
Lake Creek intersection.
Attorney Approval
Attorney
Notes/Comments
/f/'" att./ Lll l ( s %{ .t 4/3// «.
Date f -3 -! 3
O:\wdox\SCCInts\0127\1300\MISC100271796.XLS Updated 6/3/08
STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH
CITY OF ROUND ROCK § FLAGSHIP, LTD. PARTNERSHIP
This DEVELOPMENT AGREEMENT ("Agreement") is made by and between
FLAGSHIP, LTD. PARTNERSHIP, (hereinafter called the "Owner"), and the CITY OF
ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly
authorized officials.
WHEREAS, Owner is owner of a certain 1.568 acre tract of land located within the City
of Round Rock at 1300 Round Rock Avenue, and more particularly described on the attached
Exhibit A (the "Property"), and
WHEREAS, the Property abuts Round Rock Avenue, at its intersection with North Lake
Creek Drive, with access to Round Rock Avenue from the existing driveway (Existing
Driveway), as shown on Exhibit "B", attached hereto, and
WHEREAS, the City desires to re -locate the Existing Driveway to a new location which
will align with the intersection of Round Rock Avenue and North Lake Creek Drive, 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 purpose 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 re-
construction of the existing parking lot on the Property.
B. GENERAL TERMS AND CONDITIONS
1. 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 a new location as shown on
Exhibit "B".
Development Agreement 1300 Round Rock Ave 12-6-12 Updated (00264215).doc
351087-4 02/03/2009
CM- 13-- oar
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 shown on Exhibit
"B.
3. The Owner shall agree to execute a joint access easement with the property owner
east of the subject tract on a form approved by the City, the easement to be
approximately at the location shown on Exhibit "B".
C. TEMPORARY CONSTRUCTION EASEMENT
Owner grants the City a temporary construction easement across the entire
Property to complete the work described in Section B, above. 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 Owner's agents or employees in
the course of their employment.
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 City, 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 future 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
parties 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.
2.
351087-4 02/03/2009
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:
City:
Steve Norwood
City Manager
221 East Main Street
Round Rock, Texas 78664
with copies to:
City Atty Steve Sheets
309 East Lines
Round Rock, Texas 78664
Phone: (512) 255-8877
Owner:
Flagship, Ltd. Partnership
PO Box 1964
Georgetown, Texas '78-7 ?114x7
Phone: (512) Yob It7 A
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.
8. Assignment. This Agreement may be assigned by the Owner only with the prior
written approval of the City, which shall not be unreasonably withheld.
3.
351087-4 02/03/2009
9. Signature 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.
SIGNED as of this (0i --day of
Attest:
'wo4,-nom
Sara White, CitySescotai3 . .CV --
351087-4 02/03/2009
, 2013.
4.
CITY OF ROUND ROCK, TEXAS
Steve Norwood, City Manager
FLAGSHIP, LTD. PARTNERSHIP
BY: c016a..d
ITS: a,%i( •
EXHIBIT "A"
Property Description
Town And Country Square, Block 1, Lot 1, a subdivision in Round Rock, Texas
5.
351087-4 02/03/2009
EXHIBIT "B"
Site Description
6.
351087-4 02/03/2009
RM 620 AND LAKE CREEK DRIVE
INTERSECTION MODIFICATION EXHIBIT
CITY OF ROUND ROCK
xanu kax. rw+s