CM-2015-961 - 11/6/2015STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH
CITY OF ROUND ROCK § FOUR ELEVEN PARTNERS. LLC
This DEVELOPMENT AGREEMENT ("Agreement") is made by and between
FOUR ELEVEN PARTNERS. LLC., (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 developing of a certain tract of land located within the City of
Round Rock at 409 West Main Street, and more particularly described on the attached Exhibit A
(the "Property"), and
WHEREAS, the City is in the process of constructing an improved roadway section in
the San, Saba Street right-of-way south of West Main Street (the "Project"), and
WHEREAS, the Project is within the Edwards Aquifer Recharge Zone and is therefore
required to treat stormwater run-off, and
WHEREAS, the Texas Commission on Environmental Quality (the "TCEQ") is
currently considering approval of a storm water treatment device (the "Storm Trooper"),
WHEREAS, Owner has requested that the City allow Owner to participate in the over -
sizing of the Storm Trooper to treat stormwater from Owner's Property, 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 Owner to participate with the City in the
construction and over -sizing of the Storm Trooper to treat stormwater from the Project and
Owner's property.
B. GENERAL TERMS AND CONDITIONS
1. The City agrees to construct a Storm Trooper at the approximate location shown
on Exhibit "B", and over -size said Storm Trooper to treat stormwater from both
the Project and Owner's Property.
Four Eleven development agreement (00341724A08178)
CM-2b/s- /
2. The Owner agrees to deposit with the City 110% of the final bid amount for the
over -sizing of the Storm Trooper to treat stormwater from Owner's Property.
Owner further agrees to deposit with the City an additional $2,500 to cover design
costs related to the over -sizing (the Owner's Cost"). Owner agrees to remit to the
City the Owner's Cost within five (5) business days of receipt of a written request
from the City.
C. TEMPORARY CONSTRUCTION EASEMENT
Owner grants the City a temporary construction easement across the entire
Property to complete the Project. 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 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 future date shall be made under the laws of
the State of Texas.
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.
Exhibits. All exhibits attached to this Agreement are incorporated by reference
and expressly made part of this Agreement as if copied verbatim.
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:
2.
Com:
City Manager
221 East Main Street
Round Rock, Texas 78664
Owner:
wo '-'i.° s� ti...5�' • : s fez i C
Phone: (512) 9216' 2e-zj5
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.
Assignment. This Agreement may be assigned by the Owner only with the prior
written approval of the City, which shall not be unreasonably withheld.
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 day of2015.
Attest:
Sara White, City Clerk
CITY OF ROUND ROCK, TEXAS
FOUR ELEVEN PAR NER.S, LTD
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By: ��'`r -`
11
Printed Name: %lry elsm,,,
Its: Pr es i c
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLLAMSON
This instrument was acknowledged before me on this the�NLV.
day of
2015, by Manager of the City of ound Rock, TX, on behalf of said
municipality. �hI �a*`�t3� S �— A " IKIA"116�
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-.. Notary Public, State of Texas
TINA R. FLOYD
MY COMMISSION EXPIRES
December 30, 2018
.I. ,.Z
ACKNOWLEDGMENT
STATE OF l � -o s
COUNTY OF W; \N%ky►"%n
This instrument was acknowledged before me on this the day of p RW�w ,
2015,by �py�� of Four Eleven Partners, Ltd., on behalf of said
corporation.
TINA R. FLOYD
MY COMMISSION EXPIRES Notary Public, State of
t �tiCDI S
December 30, 2018
EXHIBIT "A"
Property Description
City of Round Rock, Block 5, Lot 8 W/PT, AW0298 Harris, W. Sur., Acres .2893
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Storm Trooper
Location
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City of Round Rock
1 ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Development Agreement with Four Eleven Partners,
LLC regarding a tract of land located at 409 West Main Street.
Type: City Manager Item
Governing Body: City Council
Agenda Date: 11/6/2015
Dept Director: Gary D. Hudder
Cost:
Indexes:
Attachments: Exhibit B to Development Agreement w -Four Eleven Partners, LLC
(00345505xA08F8), Agreement
Department: Transportation Department
Text of Legislative File CM -2015-961
Consider executing a Development Agreement with Four Eleven Partners, LLC
regarding a tract of land located at 409 West Main Street.
The City of Round Rock has made the redevelopment of downtown one of its top
priorities. As the Southwest Downtown Infrastructure Improvement projects near
completion, City staff, under the direction of the City Council, identified a project to
improve the San Saba Street right-of-way south of W. Main St. To that end, staff has
also been investigating innovative partnering opportunities with developers to
incrementally achieve these improvements.
One such opportunity that has been identified is the property at 409-411 W. Main St.
which is proposed to be developed by Four Eleven Partners, LLC. Part of the
negotiation is that the developers would like to utilize a portion of the storm water
infrastructure to be constructed within the San Saba St. right-of-way.
Subsequently, an agreement was developed between the City Round Rock and Four
Eleven Partners, LLC to allow for the design and construction of storm water facilities to
accommodate the private development within the right-of-way. The agreement also
allows for the developer to pay for their portion of the improvements. The project will
complement the City's vision for continued revitalization and expansion of downtown
and bring additional commercial activity to the City's core.
City of Round Rock Page 1 Printed on 11/512015