O-85-776 - 10/10/1985RESOLUTION NO. 776
WHEREAS, a group of developers in Northeast Round Rock have agreed to
certain drainage improvements in that area; and
WHEREAS, the Council wishes to approve said contract, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor of the City of Round Rock, Texas is hereby authorized
and directed to execute on behalf of the City, an Agreement with MMJ
Development Joint Venture, Meadow Lake Joint Venture, Continental Diversified
Investments, Inc., and North East Round Rock Partners Limited, a copy of
said Agreement being attached hereto and incorporated herein for all purposes.
RESOLVED this 10th day of October, 1985.
ATTEST:
,41AM- . 1
LAND, City Secre ary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
•
Agreement
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this 3rd day of
October, 1985, by and between the City of Round Rock, Texas
("City") and the MMJ Development Joint Venture ("MMJ"), a Texas
joint venture, developer of The Settlement, Stoney Brook, and the
Bartz tract; Meadow Lake Joint Venture ("Meadow Lake"), a Texas
joint venture, developer of Meadow Lake; and Continental
Diversified Investments, Inc., a Texas corporation and North East
Round Rock Partners Limited, ("Vista Heights"), developers of
Vista Heights; ("Landowners").
Recitals
WHEREAS, Landowners own approximately 746.71 acres of land
out of a total of 1408 acres contained in an area generally in
and adjacent to north east Round Rock, said area being designated
as the "Study Area" in Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have regional
detention facilities, and
WHEREAS, a study performed by the engineering firm of Haynie
& Kallman, Inc. has determined that in order for the Study Area
to have regional detention, certain improvements to SCS Reservoir
No. 14 must be constructed, and
WHEREAS, Haynie & Kallman, Inc. has produced plans entitled
"S.C.S. Lake No. 14 Site Grading Improvement" dated
, 1985, ("Plans"), for the construction of certain
improvements in connection with S.C.S. Reservoir No. 14,
("Improvements"), and
WHEREAS, Haynie & Kallman, Inc. estimates that the cost of
constructing said Improvements is $1,500,000, and
WHEREAS, the City does not have current funds available for
the construction of said Improvements.
NOW, THEREFORE, it is agreed that:
I.
The Project will be funded as set forth in this Agreement.
The terms and symbols used in this Agreement shall have the
following meanings:
TC = Total cost of the Project including engineering
fees and 10% contingencies.
X = No. of acres of a particular tract that is in the
Study Area minus the no. of acres of that tract in
the Brushy Creek WCID easement.
XNP = X for a Non -Participant.
LO Contribution = Amount of TC paid by Landowners.
NP Contribution = Amount of TC paid by
Non -Participants.
Runoff coefficients (c) shall be determined as follows:
Zoning C
R - 6 R- 12 1
R - 20 1.25
I 1.625
C 1.75
Values of X and Y shall be determined as follows:
No. of Acres In No. of Acres In
Study Area Area By Brushy Creek
Project Zoning Classification WCID Easement X Y
MMJ-Settlement R - 6 & 12 59.11 30.90 28.21 28.21
R - 20
I
C
MMJ-Stoney Brook R - 6 & 12 133.22 0 133.22 133.22
R - 20 12.15 0 12.15 15.19
I
C
MMJ-Oakmont R - 6 & 12 27.91 0 27.91 27.91
Crossing R - 20 16.50 0 16.50 20.63
I
C 22.10 0 22.10 38.68
Meadow Lake R - 6 & 12 141.37 38.20 103.17 103.17
R - 20
I
C
Vista Heights
Phases 1, 2 & 3
R - 6 & 12 116.85
R - 20 12.0
I
C
0
116.85
12.0
116.85
15.0
Vista Heights R - 6 & 12 165.54 0 165.54 165.54
Phases 4, 5, 6& 7 R- 20
I
C 6.23 0 6.23 10.90
Vista Heights R - 6 & 12 33.73 0 33.73 33.73
Each Landowner shall pay its share of the LO Contribution as
follows:
Landowners' share of LO Contribution -L� x LO contribution
Each Landowner shall pay its share oNP Contribution as
follows:
Landowners share of NP Contribution =
x NP Contribution
Each Non -Participant shall pay a subsequent user fee as
follows:
Subsequent user fee =
X
P
x NP Contribution x 1.2
plus 10% interest compounded &rinually
II.
The estimated cost of the improvements including engineering
fees and ten percent (10%) for unforeseen contingencies is
$1,500,000.
Each Landowner agrees to pay his share of the TC, assuming
that the TC is $1,500,000.
Such calculations yield the following amounts for each
Landowner:
Project Share of Project Cost
MMJ-Settlement 60,956.23
MMJ-Stoney Brook 317,274.30
MMJ-Oakmont Crossing 164,769.64
Meadow Lake 223,035.87
Vista Heights
Phases 1, 2 & 3 281,546.20
Phases 4, 5, 6 & 7 375,990.86
Phases 8, 9 & 10 76,426.90
Total $1,500,000.00
Upon execution of this contract, each Landowner agrees to
deposit with the City an irrevocable letter of credit in the
total amount of his share, issued by a financial institution
whose principal office is within the State of Texas in a form to
be approved by the City Attorney.
s
In the event the actual TC is less than the engineer's
estimate, each Landowner shall be entitled to a pro rata
reduction in cost which shall be determined by revising the
Shares of Project Cost in the foregoing by using the actual TC in
place of $1,500,000.
Upon execution of this Contract by each Landowner, and upon
receipt of the letters of credit required by this Paragraph III,
the City will proceed to promptly construct the Improvements.
The contract will be let in the name of the City and the
improvements will be constructed pursuant to the Plans.
The City will advertise for bids. If the bids cause the
total cost of the Project, including engineering fees, to exceed
$1,800,000, any Landowner may declare this contract to be null
and void. If the contract is declared to be null and void, the
City and the Landowners will work together towards a revised
contract to achieve regional detention in a manner satisfactory
to all parties.
IV.
The City agrees that all funds received by the City pursuant
to the terms of this contract shall be held by the City in a
separate account and shall not be spent for any purpose other
than for costs directly associated with the design and
construction of the improvements contemplated herein.
Within twenty (20) days of the execution of this contract by
the City, the City will reimburse certain Landowners for expenses
incurred by them in connection with the design of the
Improvements in the amounts shown below.
LANDOWNER AMOUNT OF REIMBURSEMENT
Meadow Lake $
V.
It is contemplated that in the future other landowners
and/or developers of other land within the Study Area will be
required to contribute to the cost of the Improvements in order
to satisfy the City's drainage detention requirements in
connection with platting and/or development of their land. Such
other landowners and/or developers will be charged a subsequent
user fee which shall be determined by the following formula:
SubsequentUser Fee = XNP x NP Contribution x 1.2
plus 10% interest compoun 7iinually.
The subsequent user fee shall be subject to adjustment based
on the actual project costs. The foregoing subsequent user fee
shall be charged to such landowners and/or developers at the time
their subdivision plat is filed with the City or if no
subdivision plat is necessary, at the time application is made
VII.
The City agrees that when all Landowners have signed this
agreement and provided their letters of credit, each of the
Landowners shall have fulfilled all of the City's requirements as
to drainage detention facilities with respect to their land in
the Study Area and no Landowner shall be required to provide any
other drainage detention facilities in connection with
development of the land that it owns within the Study Area.
When all the Landowners have signed this agreement
Landowner's land released from the Brushy Creek WCID easement
shall be platted in accordance with the then existing subdivision
ordinance requirements of the City. However, no drainage
detention facilities shall be required of such released land,
other than the completed Improvements.
VIII.
Joe Carothers, James W. Clark, II, and Louis W. DeWald,
owners of the North Lake tract, shall be entitled to become
parties to this agreement as Landowners with the same rights and
obligations as the other Landowners, by signing this agreement at
the places indicated on Page 6, at any time before the contract
for construction of the Improvements is signed by the City. In
that event their contribution, and the contributions of the other
Landowners, will be calculated on the basis that the North Lake
tract has 90 acres in the Study Area, zoned R-6 and/or R-12, with
no acres in the Brushy Creek WCID easement.
IX.
A. This contract shall be construed under and in
accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in
Williamson County, Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
Agreement.
D. 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 contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement
of the parties hereto and supersedes any prior understandings or
written or oral aareementG hai-waan tha r%mr*iimarc�r,o..�.�.... aL...
Signed the
Carothers.
LANDOWNERS
MMJ DEVELOPMENT JOINT VENTURE
By:
Bill Milburn, Managing Venturer
MEADOW LAKE JOINT VENTURE
By:
Managing Venturer
CONTINENTAL DIVERSIFIED
INVESTMENTS, INC.
By:
Zack E. Williams
NORTH EAST ROUND ROCK PARTNERS
LIMITED
By:
Zack E. Williams,
General Partner
day of , 1985 by Joe
Joe Carothers
Signed the day of , 1985 by James W.
Clark, II.
James W. Clark, II
STATE OF TEXAS
COUNTY OF WILLIAMSON
s
§
Agreement
THIS AGREEMENT is made and entered into on this 8th day of
November, 1985, by and between the City of Round Rock, Texas
("City") and the MMJ Development Joint Venture ("MMJ"), a Texas
joint venture, developer of The Settlement, Stoney Brook, and
Oakmont Crossing; Meadow Lake Joint Venture ("Meadow Lake"), a
Texas joint venture, developer of Meadow Lake; and Continental
Diversified Investments, Inc., a Texas corporation and North East
Round Rock Partners Limited, ("Vista Heights"), developers of
Vista Heights; ("Landowners").
Recitals
WHEREAS, Landowners own approximately 745.71 acres of land
out of a total of 1408 acres contained in an area generally in
and adjacent to north east Round Rock, said area being designated
as the "Study Area" in Exhibit "A" attached hereto; and
WHEREAS, the Study Area does not presently have regional
detention facilities; and
WHEREAS, a study performed by the engineering firm of Haynie
& Kallman, Inc. has determined that in order for the Study Area
to have regional detention, certain improvements to SCS Reservoir
No. 14 must be constructed; and
WHEREAS, Haynie & Kallman, Inc. has produced plans entitled
"S.C.S. Lake No. 14 Site Grading Improvement" dated October 23,
1985, ("Plans"), for the construction of certain improvements in
connection with S.C.S. Reservoir No. 14, ("Improvements"); and
WHEREAS, the Landowners are willing to pay for the cost of
the Improvements provided the total cost does not exceed
$1,016,415.00; and
WHEREAS, the City does not have current funds available for
the construction of said Improvements.
NOW, THEREFORE, it is agreed that:
I.
The Improvements will be funded as set forth in this
Agreement. The Landowners will contribute to the cost of the
Improvements as shown in the following table.
No. of Acres
No. of Acres In to be
No. of Acres In Brushy Creek Multiplied Landowners
Project Study Area Area WCID Easement by $1,500 Contribution
MMJ-Settlement 59.11 30.90 28.21 $ 42,315.00
MMJ-Stoney Brook 145.37 0 145.37 218,055.00
MMJ-Oakmont 65.51 0 65.51 99,765.00
Crossing
Meadow Lake 141.37 38.20 103.17 154,755.00
Vista Heights 128.85 0 128.85 193,275.00 ,,/
Phases 1, 2 & 3
Vista Heights
Phases 4, 5, 6 & 7
Vista Heights
Phases 8, 9 & 10
171.77
33.73
Total 745.71
0 171.77
0 33.73
257,655.00
69.10 676.61 $1,016,415.00
II.
Each Landowner agrees to pay its share of the cost of th4
Improvements, provided that the cost is $1,016,415.00 or less.
Upon execution of this contract, and after receipt of bids
by the City, each Landowner agrees to deposit with the City an
irrevocable letter of credit in the total amount of its share,
issued by a financial institution whose principal office is
within the State of Texas in a form to be approved by the City
Attorney.
In the event the actual bid price and engineering fee is
less than $1,016,415.00 each Landowner shall be entitled to a pro
rata reduction in cost.
Upon execution of this Agreement by each Landowner, and upon
receipt of the letters of credit required by this Paragraph II,
the City will proceed to promptly construct the Improvements.
The contract will be let in the name of the City and the
improvements will be constructed pursuant to the Plans.
The City will advertise for bids. If the bids cause the
total cost of the Improvements, including engineering fees, to
exceed $1,016,415.00, any Landowner may declare this contract to
be null and void. If the contract is declared to be null and
void, the City and the Landowners will work together toward a
revised contract to achieve regional detention in a manner
satisfactory to all parties.
The City agrees that all funds received by the City pursuant
to the terms of this contract shall be held by the City in a
separate account and shall not be spent for any purpose other
than for costs directly associated with the design and
construction of the improvements contemplated herein.
Within ten (10) days of the execution of the construction
contract by the City, the City will reimburse certain Landowners
for expenses incurred by them in connection with the design of
the Improvements in the amounts shown below.
LANDOWNER AMOUNT OF REIMBURSEMENT
Meadow Lake $30,000.00
The City will pay Haynie & Kallman, Inc. for the balance of
the engineering fees calculated pursuant to TSPE Curve B (which
provides for revisions to be done on an hourly basis).
IV.
It is contemplated that in the future other landowners
and/or developers of other land within the Study Area
(Non -participants) will be required to contribute to the cost of
the Improvements in order to satisfy the City's drainage
detention requirements in connection with platting and/or
development of their land. Such other landowners and/or
developers will be charged a subsequent user fee which shall be
determined by the following formula:
-2-
Subsequent User Fee =
Non -participants acreage in Study Area
x
Total Project Cost
1408
x
1.2
10% interest compounded annually.
The foregoing subsequent user fee shall be charged to such
landowners and/or developers at the time their subdivision plat
is filed with the City or if no subdivision plat is necessary, at
the time application is made for water or wastewater service,
whichever first occurs. These subsequent charges shall be used
solely to reimburse the Landowners on the same pro rata basis as
their respective contributions. Such reimbursements shall be
made on a semi-annual basis on or about January 10 and July 10 of
each calendar year. After the Landowners have been reimbursed,
the City may use the subsequent user fees for any lawful purpose.
The Participants will be fully reimbursed for any amount
they have contributed over their actual contribution.
The actual contribution should be calculated as follows:
Participants Actual contribution = Participants acreage in Study
Area less acreage in WCID
easement
x
Total Cost of Project
1408
VI.
This contract shall not be construed to exempt Landowners
from the payment of any development, service, or permit fee
otherwise required by ordinances of the City.
VII.
The City agrees that when all Landowners have signed this
agreement and provided their letters of credit, each of the
Landowners shall have fulfilled all of the City's requirements as
to drainage detention facilities with respect to their land in
the Study Area and no Landowner shall be required to provide any
other drainage detention facilities in connection with
development of the land that it owns within the Study Area.
Provided, however, that the regional detention project is
completed with sufficient capacity to meet the detention
requirements of the Participants property within the Study Area.
When all the Landowners have signed this agreement
Landowner's land released from the Brushy Creek WCID easement
shall be platted in accordance with the then existing subdivision
ordinance requirements of the City. However, no drainage
detention facilities shall be required of such released land,
other than the completed Improvements.
VIII.
Joe Carothers, James W. Clark, II, and Louis W. DeWald,
owners of the North Lake tract, shall be entitled to become
parties to this agreement as Landowners with the same rights and
obligations as the other Landowners, by signing this agreement at
the places indicated on Page 6, at any time before the contract
for construction of the Improvements is signed by the City. In
that event their contribution, and the contributions of the other
-3--
Landowners, will be calculated on the basis that the North Lake
tract has 90 acres in the Study Area with no acres in the Brushy
Creek WCID easement.
Ix.
A. This contract shall be construed under and in
accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in
Williamson County, Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
Agreement.
D. 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 contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement
of the parties hereto and supersedes any prior understandings or
written or oral agreements between the parties respecting the
within subject matter.
ST:
C •I y Secretary
CITY OF ROUND ROCK
By:
2/44Z
LANDOWNERS
MMJ DEVELOPMENT JOINT VENTURE
By:
Bill Milburn, Managing Venturer
MEADOW LAKE JOINT VENTURE
enturer
CONTINENTAL DIVERSIFIED
INVESTMENTS, INC.
By:�
ack E. Williams
Signed the
Carothers.
NORTH EAST ROUND ROCK PARTNERS
LIMITED
By:
2„.1.i",„,,.-
ack E. Williams,
General Partner
day of , 1985 by Joe
Joe Carothers
Signed the day of , 1985 by James W.
Clark, II.
James W. Clark, II
Signed the day of , 1985 by Louis W.
DeWald.
Louis W. DeWald