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Home My WebLink AboutAgenda CC 07.26.2005Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, July 26, 2005 The Georgetown City Council will meet on Tuesday, July 26, 2005 at 06:00:00 PM at City Council Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Please Note: This City Council Meeting will be video taped live without editing and shown on the local cable channel. Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney Pending or Threatened Litigation Legal Advice Regarding Agenda Items and other Matters Discussion and possible action regarding legal issues related to the proposed contract and offers of financial or other incentives to a business prospect seeking to locate, stay or expand at 500 S. Austin Avenue B Section 551.072 - Deliberations Regarding Real Property Discussion and possible action regarding purchasing parkland on the West side of IH 35 Discussion and possible action conceming terms for acquisition of a Right -of -Way Easement from Westinghouse Road Ventures (William & Rebecca Booth) and Bill and P.D. Chapman for the realignment of CR 265W to avoid the removal of large oak trees within the existing right-of-way C Sec.551.086 Public Power Utility Competitive Matters Discussion and possible recommendation to authorize purchase from Cox Communications joint fiber facilities and to allow for separation and relocation of existing fiber currently owned by Georgetown Utility Systems from fiber owned by Cox Communications Discussion and possible action to approve payment to McCord Engineering to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion due to development), and system mapping Discussion and possible action regarding a resolution of the City Council of the City of Georgetown, Texas regarding competitive matters for purposes of the Public Information Act and the Open Meetings Act; and repealing conflicting resolutions D Sec.551.087: Deliberations Regarding Economic Development Negotiations Discussion and possible action regarding legal issues related to the proposed contract and offers of financial or other incentives to a business prospect seeking to locate, stay or expand at 500 S. Austin Avenue Regular Session - To begin no earlier than 06:00 PM Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Call to Order Pledge of Allegiance City Council Agenda/July 26, 2005 Page 1 of 4 Pages G Comments from the dais Welcome to Audience and Opening Comments — Mayor Gary Nelon Review of new procedure for addressing the City Council H Announcements and Comments from City Manager I Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. J Action from Executive Session Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A counciimember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. K Consideration and possible action to approve the minutes of the Council Workshop on Monday, July 11, and the regular Council Meeting on Tuesday, July 12, 2005 — Sandra D. Lee, City Secretary L Consideration and possible action to approve a $3,500.00 grant for Kid City Summer Camp from the Rural Capital Area Workforce Commission at no cost to the City — Traci Stengle, Superintendent of Special Services and Randy Morrow, Director of Community Services M Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended June 30, 2005 — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve a resolution opposing the applications by the City of Leander, Texas relating to Certificate of Convenience and Necessity Nos. 10302 and 20626 Application Nos. 34789-C and 34790-C); SOAH Docket No. 582-05-7095; TCEQ Docket No. 2005-0864-UCR; authorizing the opposition of the pending permit applications before the Texas Commission on Environmental Quality and the State Office of Hearing Examiners; authorizing the retention of the law firm of Tiemann, Shahady, and Hamala, P.C., and providing that resolution is effective upon passage — Patricia E. Carts, City Attorney O Consideration and possible action on a Resubdivision of Logan Plateau, Block A, Lots 1 and 2, located at the intersection of Lovie Lane and Logan Ranch Road — Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development P Discussion and possible action to authorize the Mayor or Mayor Pro Tem to execute the "San Gabriel Senior Village Predevelopment Loan Summary of Terms and Conditions" for the San Gabriel Senior Village project to assist the project in receiving housing tax credits for the creation of affordable housing units in Georgetown — Micki Rundell, Director of Finance and Administration Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Q Consideration and possible action to approve the Bylaws and Hearing Procedures for the City of Georgetown Ethics Review Commission -- Gerald Sensabaugh, Chair and Patricia Carts, City Attorney R Consideration and possible action to approve a revised process for the annual City Council evaluation of the City Secretary and Municipal Judge — Kevin Russell, Human Resources Director S Consideration and possible action to approve the purchase of an upgrade for the Police AutoCtte handheld computers from Enforcement Technology, Inc. in the amount of $62,300 — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration T Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau City Council Agenda/July 26, 2005 Page 2 of 4 Pages Board for the approval of an allocation of $6,000.00 in Hotel Occupancy Tax (HOT) funds to the Downtown Georgetown Association and the Williamson County Art Guild for promotion of "pARTicipate Georgetown' throughout the month of October in celebration of the Month of the Arts in Texas — Shelly Hargrove, Tourism Director and Main Street Manager and Randy Morrow, Director of Community Services U Consideration and possible action regarding annual funding in an amount not to exceed $56,100 for the Heritage Trolley Tour and Project 1900 — Kent Huntsman, Chair of the Convention and Visitors Bureau Board; Shelly Hargrove, Tourism Director and Main Street Manager; and Randy Morrow, Director of Community Services V Consideration and possible action on a Public Review Final Plat of 83.313 acres out of the Asa Brown and J.T. Church Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section Five, located off FM 2243 (Leander Road) — Cada Benton, Development Planner and Bobby Ray, Acting Director of Planning and Development W Consideration and possible action to approve an additional $455,000.00 to the Purchase Order to AvFuel Corporation for the purchase of jet fuel and avgas for resale at the Georgetown Municipal Airport — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager X Public Hearing on the Airport Master Plan update — Tom Yantis, Assistant City Manager Y Consideration and possible action to accept the Airport Master Plan update, authorize the Mayor to sign the revised Airport Layout Plan, and to direct staff to initiate the process of amending the Century Plan to incorporate the updated Airport Master Plan — Tom Yantis, Assistant City Manager Z Items forwarded from the Georgeown Transportation Enhancement Corporation (GTEC) 1. Consideration and possible action regarding a resolution approving an amendment to the 2004/05 Georgetown Transportation Enhancement Corporation budget in the amount of $2,158,525 — Micki Rundell, Director of Finance and Administration 2. Consideration and possible action to submit projects for the 2006, 2007, and 2008 Federal Surface Transportation Program Metropolitan Mobility (STP MM) Roadway Capacity Expansion Projects for Single Occupancy Vehicles available through the Capital Area Metropolitan Planning Organization CAMPO) — Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director or Planning and Development AA Items forwarded from the Georgeown Utility System (GUS) Advisory Board 1. Consideration and possible action authorizing an agreement with Contract Land Staff, Inc. not to exceed $100,000 for right-of-way acquisition services — Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations 2. Consideration of an award of the annual bid for flexible base material, sand, rock and sandy loam to DSD Trucking in the estimated amount of $122, 850.00 — Terry Janes, Purchasing Director and Micki Rundell, Director of Finance and Administration 3. Consideration and possible action to award a contract for the 2005 Street Overlay Project to H. Deck Construction Company for the Base Bid, Add Alternate C, and Add Alternate D, in the amount of 1,543,642.50, with a project budget of $1,690,192.50 — Tom Benz, System Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations BB Consideration and possible action to suspend the rules and reconsider action taken on Item U at the June 28, 2005 Council meeting relative to authorization for staff to include parking provisions on the proposed parking lot located on Lot 23, City of Georgetown (400 S. Austin Ave.) in negotiating development agreements on properties in the Downtown Overlay District — Farley Snell, Councilmember CC Consideration and possible action to direct staff, as part of this year's annual revision of the Century Plan, to provide a proposal to delete the Land Intensity Element of the Century Plan, including any additional references to the Land Intensity Element and Land Intensity Map within the Georgetown Century Plan document — Farley Snell, Councilmember DD Consideration and possible action concerning a Development Agreement for acquisition of a Right -of -Way Easement from Westinghouse Road Ventures (William & Rebecca Booth) and Bill and P.D. City Council Agenda/July 26, 2005 Page 3 of 4 Pages Chapman for the realignment of CR 265W to avoid the removal of large oak trees within the existing right-of-way. — Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations EE Second reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity Level from Level 2 and Level 5 to Level 4, and the Future Land Use from Office/Retail/Commercial, Mixed Use, and Mining to Residential, Residential—Major Multi -Family, Parks & Open Space, Office/Retail/Commercial, and Mixed Use for 898.03 acres in the J. Powell and J. Thompson Surveys also known as the Weir Charitable Trust Project, located south of FM 2243 and west of Interstate 35 — Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director or Planning and Development FF Public Hearings/First Readings 1. First Reading on a Comprehensive Plan Amendment — to change the Intensity Level from Level 3 to Level 5 for 3.10 acres of the Porter Survey and to change the Land Use from Residential to Office/Retail/Commercial, located at 1502 Williams Drive — Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director or Planning and Development 2. Public Hearing to consider Rezoning 3.10 acres out of the Porter Survey from RS, Residential Single -Family to C3, General Commercial, located at 1502 Williams Drive — Bobby Ray, AICP, Acting Director or Planning and Development 3. First Reading of an Ordinance Rezoning 3.10 acres out of the Porter Survey from RS, Residential Single -Family to C3, General Commercial, located at 1502 Williams Drive -- Bobby Ray, AICP, Acting Director or Planning and Development 4. Public Hearing to Consider a Rezoning of a 0.1148 acre portion of Lost Addition, Block 64 from RS, Residential Single Family district to C-2, Downtown Commercial district or OF, Office district, located at 212 W. 10th Street — Bobby Ray, AICP, Acting Director or Planning and Development 5. First Reading of an Ordinance Rezoning a 0.1148 acre portion of Lost Addition, Block 64 from RS, Residential Single Family district to C-2, Downtown Commercial district or OF, Office district, located at 212 W. 10th Street — Bobby Ray, AICP, Acting Director or Planning and Development t '8 •'L4 'r -':_ / TA " `- " rF-7iw/'i'"7f , { Y nK+---".F- 1, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, and on the bulletin board located outside of the Council Chambers, 101 East 7th Street, places readily accessible to the general public at all times, on the day of , 2005, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Lee, City Secretary City Council Agenda/July 26, 2005 Page 4 of 4 Pages GeorgetoFOUNDEDwn July 14, 2005 HAND.DELIVERED , William M. Booth dba Westinghouse Road Ventures and Bill and P.D. Chapman c/o Chapman Investments P.O. Boz 1333 Georgetown, Texas 78627 r-- ( 1) RE: Proposed acquisition of a +2,352 -square -foot Right -of -Way Easement out a,of a 2.54 acre tract described as Tract One in the Joseph P. Pulsifer Survey, A-498 and the Clement Stubblefield Survey, A-558 (the "Easement'), said 2.54 acre tract being described in deeds recorded in Document Nos. 2002018646 and 2002001637, Official Records, Williamson County, Texas ("Property"); said 2.54 acre tract being out of a 5.24 acre tract of land described by metes and bounds enclosed herewith as Exhibit"A" Gentlemen: As you are aware, the Texas Department of Transportation ("TxDOT") will be making certain roadway improvements to CR 265W as part its current SH 29 widening project. It is a priority of the Georgetown .City Council to make every effort to save any significant oak trees located within a road project area whenever possible. On April 26, 2005, the Council voted to change TxDOT's original design for the realignment of CR 265W to facilitate saving some large oak trees located within the,new CR 265W right-of-way. This redesign requires approximately 2,352 square feet of additional right-of-way on the east side of CR 265W where it abuts your above-described Property. The City is seeking your conveyance of a right-of-way easement, as opposed to fee simple ownership of the necessary additional right-of-way. Per your recent discussions with City staff, you have indicated a willingness to convey the Easement to the City, in exchange for its agreement to provide you, and your successors and assigns in interest to the Property, with the following assurances: 1) Per the City'•s Unified Development Code ("UDC"), building setback lines are measured from the property line. Accordingly, the point from which any future building setback lines would be calculated will not be impacted by your. conveyance of the Easement, since your Property line will not change as a result thereof; GEORGETOWN UTILITY SYSTEMS • 300 INDUSTRIAL AVENUE • GEORGETOWN, TEXAS 713626 • 512/930-3558 • FAX: 512/930.3559 William M. Booth dba Westinghouse Road Ventures, Rebecca B. Booth Bill Chapman and P.D. Chapman July 14, 2005 Page 2 of 3 " 2) At the time of any application for development of the Property: a. the area within the proposed northernmost CR 265W center island adjacent to your Property shall be added to the area used to calculate" the maximum allowable impervious cover on your Property, rwt;ie.caead a total of 1,264 square feet of additional area. Also, conveyance of the Easement shall not impact the existing allowable impervious cover limitations on your- Property, which, as a result of the project, would otherwise result in the loss of approximately 431 square feet of pervious cover under the UDC; and b. the City will provide additional tree canopy credits for the two live oak trees being saved within the proposed northernmost CR 265W center island at 1,256 square feet per live oak tree in accordance with Section 8.02.030(a) of the UDC, nooft4paced a total of 2,512 square feet of additional tree canopy credits for the Property; and 3) The existing fence along the west boundary of your Property will be removed' by the City at no cost to you and, at your request, will not be replaced. I have enclosed a map prepared by the City's design engineer, Kasberg, Patrick & Associates, LLP, outlining the project area, as well_as a copy of the City's proposed Right -of - Way Easement forth for your review. If the above terms accurately reflect your understanding of our discussions concerning this transaction, please indicate so by signing below and faxing me a copy of the signed letter by July 18, 2005, so that an item may be -placed on the July 26, 2005 Council agenda. I will advise you of the Council's .decision the following day. If the transaction is approved, we will proceed to close immediately thereafter. Thank you in advance for your cooperation on this matter. I look forward to hearing from you by Friday. Sincerely, Terri Glasby Calhoun Paralegal Georgetown Utility Systems Encls. cc: Jim Briggs, Assistant City Manager for Utility Operations t. William ,M. Booth dba Westinghouse Road Ventures, Rebecca B. Booth Bill Chapman and P.D. Chapman July 14, 2005 Page 3 of 3 AGREED TO this -- day of,, j , 2005. WILLIAM M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship Booth,William M. t r.• ua,Il l 9 i LEGAL DESCRIPTION BEING 5.24 acres of land, situated in the Joseph P. Pulsifer Survey, Abstract No. 498, and the Clement Stubblefield Survey, Abstract No. 558,. in Williamson County, Texas, said land being a portion of that certain Tract One, called 2.54 acres and a portion of that certain Tract Two, called 4.00 acres, as conveyed to William M. Booth DBA Westinghouse Road Ventures by deed recorded as Document No. 2002018646 of the Official Records of Williamson County, Texas, and as conveyed to Bill J. Chapman and wife, P.D. Chapman, by deed recorded as Document No. 2002001637 of the Official Records of Williamson County, Texas. Surveyed on the ground in the months of February, 2004 and August, 2004, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin set on the south line of County Road No. 265, for the Northeast corner of the above -referenced Tract One, being the Northwest comer of the Citizens Memorial Garden Cemetery (being the remainder of that certain tract of land, called 12/10 acres, as conveyed to R.E. Ward, Mayor of the City of Georgetown, Texas, by deed as recorded in Volume 117, Page 173, of the Deed Records of Williamson County, Texas), for the Northeast corner hereof; THENCE, along the west line of the said Citizens Memorial Garden Cemetery, S 170 31' 30" E, 239.05 feet to an iron pin set for the Southeast corner of the said Tract One, being the Northeast line of the above -referenced Tract Two, and S 17" 32' 1, 310.09 feet to the center of a 0.8 foot in diameter concrete monument found on, or near, the south line of the Joseph P. Pulsifer Survey, Abstract No. 498, and the north line of the Clement Stubblefield Survey, Abstract No. 558, marking the Southwest corner of the said Citizens Memorial Garden Cemetery, being the Northwest comer of that certain tract of land, called 0.33 of an acre, as conveyed to A -Tex Water Proofing, Inc., of record in Volume 1160, Page 809, of the Official Records of Williamson County, Texas, from said point a fence corner bears S 82" 50' E, 2.3 feet and continuing along the west of line of the said A -Tex Water Proofing, Inc. tract, S 170 38' E, 51.08 feet to an aluminum disc found marking the. most easterly Northeast corner of that certain Tract 1, called 0.415 of an acre, as conveyed to the City of Georgetown by deed recorded as Document No. 2(11)4059727 of the Official Records of Williamson County, Texas, for the Southeast corner hereof; THENCE, along the said new north line of State Highway No. 29, S 89° 58' 30" W, passing the north line of the Clement Stubblefield Survey, Abstract 558 and the south line of the Joseph P. Pulsifer Survey, Abstract No. 498, for a total distance of 398.75 feet, in all, to concrete mark on a wood hub found and N 44° 57' W, 70.79 feet to a mark on a wood hub found marking the most westerly Northeast corner of the said Tract 1, being the Southeast corner of that certain Tract 11, called 0.892 acres, as conveyed to the City of Georgetown by deed recorded as Document No. 2004059727 of the Official Records of Williamson County, Texas, being the intersection of the new north line of State Highway No. 29 and the new east line of County Road No. 265N, for the Southwest comer hereof, THENCE, along the east line of the said Tract ll, being the said new east line of County Road No. 256N, as follows; N 0° 00' 30" E, 135.32 feet to. an aluminum disc found at the beginning of a curve to the left, (Radius = 339.99 feet, Long Chord bears N 15° 34' 30" W, 182.20 feet); Thence, along the said curve, passing the north line of the said Tract Two and the south line of the said Tract One, for a total arc distance of 184.45 feet to an aluminum disc found at the beginning of a curve to the right, (Radius = 286.96 feet, Long Chord bearsN16° 20' 30" W, 146.35 feet); Thence, along the said curve for an arc distance of 147.98 feet to an aluminum disc found; Thence, N 1° 36' W, 75.02 feet to an aluminum disc found and N 44° 53' 30" E, 27.99 feet to an iron pin found on the north line of the said Tract One, marking the Northeast corner of the said Tract It, being at the intersection of the said new east line of County Road No. 265N, for the Northwest corner hereof; ate Steger &Bizaell Engineering, Inc.n Caa Enalnft Surveyara rfitiyo._Itlzl aaanali a.aM a Iniae It]1 at 9ala oauen.a...nme THENCE, along the said south line of County Road No. 265, S 860 01' E, 341.17 feet to the Place of BEGINNING and containing 524 acres of land. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 1, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, and that said property has access to and from a public roadway, to the best of my knowledge and belief. To cerci which, witness my hand d seal a[ eorgetown, Williamson County, Texas, this the r L day of 2004, A.D. l` Don H. BizzelI Registered ProfessionaklAd Surveyor, No. 2218 State of Texas Page 2 of 2 19901-Id-4.doc 4eger x llia tell Engineering, Inc. Can,ulang Engfneen _ _ sn...yen nle Sw1 4nY. Nz. T-0:=.Nlt ebi.Ai2l ft OsarpNgn, l.„,9526 EORGE TOWN TEXAS Revised) State Highway 29 to County Road 265 Improvements IX41TNG VR'W£AIY LLV£ NiiWSE F.O w LISCLEM AOMIO/1LL R FAS£YENI B£ ACQUIRED PROPERTY LINE AND STRIPING LAYOUT O n lesaYMV YY_ a YYi wr r r R OMI RaY 0L Wsisis Mm W Is mMala, v a , RIGHT-OF-WAY EASEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WIILIAMSON § This Agreement (this "Agreement") is made on the day of 2005, at Georgetown, Texas, between William M. Booth dba Westinghouse Road Ventures, a Texas sole proprietorship, whose address is 3304 Brangus, Georgetown, Texas, 78628 and Bill J. Chapman and wife, P.D. Chapman, whose address is P.O. Box 1333, Georgetown, Texas, 78627 (hereinafter collectively referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein referred to as "Grantee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor hereby GRANTS, DONATES and CONVEYS to Grantee, its successors and assigns, an exclusive right-of-way easement (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of a public roadway and related facilities including, but not limited to, drainage facilities collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. 3. The duration of the Easement is perpetual. 4. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 5. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion of the area) covered by this grant. 6. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 7. Grantor also retains, reserves, and shall continue to enjoy the surface of the Property for any and all purposes which do not unreasonably interfere with and prevent the use by Grantee of the Property or the Facilities for their intended purposes, including the right to build and use the surface of the Property for drainage ditches and private driveways, sidewalks, landscaping, surface parking areas and other like uses; provided, however, that Grantor shall not erect or construct on the Property any building or other structure including, but not limited to a patio, swimming pool, sport court, storage shed, accessory building, barbeque RIGHT-OF-WAY EASEMENT Page I of 3 pit or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the Property, or diminish or substantially add to the ground cover over the Facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other improvement, the use of which is inconsistent with the rights conveyed to Grantee by this Agreement; provided, however, that Grantee shall restore the Property, as reasonably as possible, to its condition immediately prior to any excavation of the Property for purposes of Grantee's maintenance or repair of the Facilities. 8. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 2005. WILLIAM M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship By: William M. Booth, Sole Proprietor Rebecca B. Booth Bill I. Chapman P.D. Chapman APPROVED AS TO FORM: Patricia E. Carls Brown & Carls, L.L.P. City Attorney RIGHT -0F -WAY EASEMENT Page 2 of 3 STATE OF TERAS $ COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the_ day of 2005, by William M. Booth, Sole Proprietor of Westinghouse Road Ventures, a Texas sole proprietorship. Notary Public, State of Texas STATE OF TERAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by Rebecca B. Booth. Notary Public, State of Texas STATE OF TERAS § COUNTY OF WELLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by Bill J. Chapman. Notary Public, State of Texas STATE OF TERAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by P.D. Chapman. Notary Public, State of Texas AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown City Secretary P.O. Box 409 Georgetown, Texas 78627 RIGHT -0F -WAY EASEMENT Page 3 of 3 STATE OF TEXAS § DEVELOPMENT AGREEMENT WITH WILLIAM M. BOOTH AND COUNTY OF WILLIAMSON § REBECCA B. BOOTH DBA WESTINGHOUSE ROAD VENTURES CITY OF GEORGETOWN § AND WITH BILL AND P.D. CHAPMAN This Development Agreement ("Agreement") is entered into this day of 2005, by and between the City of Georgetown, a Texas home - rule municipal corporation ("City"), and William M. Booth and Rebecca B. Booth dba Westinghouse Road Ventures, a Texas sole proprietorship, and Bill and P.D. Chapman collectively referred to herein as "Landowners"). WHEREAS, Landowners are the owners of a ±2,352 -square -foot tract of land shown on Exhibit "A" attached hereto as the Proposed R.O.W. Easement (the Easement) out a of a 2.54 acre tract in the Joseph P. Pulsifer Survey, A-498 and the Clement Stubblefield Survey, A-558 and shown as Tract One on the attached Exhibit M"; (said 2.54 acre tract being hereinafter referred to as the "Property"); and WHEREAS, the Texas Department of Transportation ("TxDOT") will be making certain roadway improvements to CR 265W as part its current SH 29 West widening project; and WHEREAS, it is a priority of the City to make every effort to save any significant oak trees located within a road project area whenever possible; and WHEREAS, on April 26, 2005, the City Council voted to change TxDOT's original design for the realignment of CR 265W to facilitate saving some large oak trees located within the new CR 265W right-of-way; and WHEREAS, the redesign requires approximately 2,352 square feet of additional right-of-way on the east side of CR 265W where it abuts Landowners' property, and WHEREAS, Landowners have agreed to convey an easement to the City at no monetary cost in exchange for the City's agreement to allow development of the Property in accordance with the terms of this Agreement. NOW, THEREFORE, for and in consideration of the promises and mutual agreements set for therein, the City and Landowners hereby agree as follows: Development Agreement with Booth & Chapman Page / of 6 ARTICLE I Landowners hereby agree to execute and convey the Easement to the City in substantially the form attached hereto as Exhibit " " no later than August 1, 2005. ARTICLE H In consideration of conveyance of the Easement to the City, the City hereby agrees as follows: a. Building setback lines for the Property will be measured from the west property line established by deeds recorded in Document Nos. 2002018646 and 2002001637, Official Records, Williamson County, Texas. b. The area within the northernmost CR 265W center island adjacent to the Property shall be added to the area used to calculate the maximum allowable impervious cover on the Property, for a total of 1,264 square feet of additional area. In addition, the area within the Easement shall be included in the area used to calculate the maximum allowable impervious cover on the Property. C. Tree canopy credits for the two live oak trees being saved within the proposed northernmost CR 265W center island shall be provided to the Property at 1,256 square feet per live oak tree, for a total of 2,512 square feet of additional tree canopy credits for the Property. d. The City will remove the existing fence along the west boundary of the Property at no cost to the Landowners, and Landowners acknowledge and agree that the fence will not be replaced. ARTICLE III a. No person or entity who or which is not a party to this Agreement shall have any right of action under this Agreement. b. Except as otherwise provided herein, this Agreement is binding upon Landowners, on the heirs, successors, and assigns of Landowners and on any person acquiring an ownership interest in the Property. C. Any notice required or permitted by this Agreement is effective when personally delivered in writing or three (3) days after notice is deposited Development Agreement with Booth & Chapman Page 2 of 6 with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: if to Landowners: c/o Chapman Investments P.O. Box 1333 Georgetown, Texas 78627 if to Qi : City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of the change is provided to the other party in accordance with the provisions of this Agreement. d. Personal jurisdiction and venue for any civil action commenced by any party to this Agreement, whether arising out of or relating to the Agreement, will be deemed to be proper only if such action is commenced in District Court for Williamson County, Texas. e. This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications or amendments concerning this Agreement shall be of no force or effect excepting a subsequent written modification executed by both parties. f. The parties agree that this Agreement shall be recorded in the Real Property Records of Williamson County, Texas. Development Agreement with Booth & Chapman Page 3 of 6 SIGNED AND MADE TO BE EFFECTIVE as of the 27th day of July, 2005 (the Effective Date"). WILLIAM M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship By: William M. Booth, Sole Proprietor REBECCA B. BOOTH Rebecca B. Booth CITY OF GEORGETOWN, a Texas home -rule municipal corporation a Gary Nelon, Mayor ATTEST: Sandra D. Lee, City Secretary BILL J. CHAPMAN APPROVED AS TO FORM: Bill J. Chapman Patricia E. Carls, Brown & Carls, LLP P.D. CHAPMAN City Attorney P.D. Chapman Notarized Acknowledgements follow) Development Agreement with Booth & Chapman Page 4 of 6 STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 2005, by Gary Nelon, in his official capacity as Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation. STATE OF TEXAS § COUNTY OF WILLIAMSON § Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the _ day of 2005, by William M. Booth, Sole Proprietor of Westinghouse Road Ventures, a Texas sole proprietorship. Notary Public, State of Texas STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by Rebecca B. Booth. Notary Public, State of Texas Development Agreement with Booth & Chapman Page 5 of 6 STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by Bill J. Chapman. STATE OF TEXAS § COUNTY OF WILLIAMSON § Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the _ day of 2005, by P.D. Chapman. Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Georgetown City Secretary P.O. Box 409 Georgetown, Texas 78627 Development Agreement with Booth & Chapman Page 6 of 6 i 1 rxHieiT Z1 1 f- dT mawmaw.- aA Raw ifCSIWDR.0.W. i... R.O.W. EXISRRC a..-/1 EORGETOWN TEXAS Revisetl) State Highway 29 to County Rood 2W Imvro ome ew GD C*2WW RpY ETSNIG PM1GGfRIv lM PRgmRow FAREW.R rA =mw W] E EMEREmREnrouwEDMT. mm rrAusl:tia PROPERTY LINE AND STRIPING LAYOUT waw eW w O EA Connell , Cemetery County Tract U 0.892 Ac. ty of Georgetown 2004059727 d, A191c: The {v//pwi vCj CdSCHGn{ /jave i<+ao aUa yVp/UMu J/S --4u` Vp/UMC ,fG7 P2'JG iB p/UMC 280 11yC S4/, ar/Q' a/4/na 987 Pc9c Pss of h/jc ,Ci Wi%/i2r .san Coun/y, TcXaS, No. sr' 265 Oor fF'X1' T V^ moi' Fzn 1—.vi je. jr >a "C,-7S:s<J LV qc) o 6 ty. . 41, pr O O DO o F Cb j N OOO N 15 Is' IF 1 t S ice ._.,{. Old Georgetown to Liberty Hi c Q 3 * N v a c'` P AS o' as. , J, fa'3iS• sy/ l l State 3°5, K 0 Basis aL'Be r se•re'3e•.,,, /HighwayFSa.»-• Sas, az. js sit o,< Tract I 0.415 Ac City of Georgetown c ",O t FORM OF] RIGHT-OF-WAY EASEMENT COUNTY OF WILLIAMSON This Agreement (this "Agreement") is made on the _ day of 2005, at Georgetown, Texas, between William M. Booth dba Westinghouse Road Ventures, a Texas sole proprietorship, whose address is 3304 Brangus, Georgetown, Texas, 78628 and Bill I. Chapman and wife, P.D. Chapman, whose address is P.O. Box 1333, Georgetown, Texas, 78627 (hereinafter collectively referred to as 'Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown City Secretary (herein referred to as "Grantee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor hereby GRANTS, DONATES and CONVEYS to Grantee, its successors and assigns, an exclusive right-of-way easement (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of a public roadway and related facilities including, but not limited to, drainage facilities collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit "A" and by diagram in Exhibit "B" attached hereto and made a part hereof for all purposes (herein sometimes referred to as the Easement Area" or the "Property"). 2. That portion of the Easement lying east of the curbline depicted upon Exhibit "B" shall be used by Grantee for no other purpose than accessing the remainder of the Easement and for signage. That portion of the Easement lying west of and including the curbline shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. 3. The duration of the Easement is perpetual. 4. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 5. As to the portion of the Easement lying west of the curbline depicted in Exhibit B", the Easement and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the such area (or any portion of the such area) covered by this grant. As to the portion of the Easement lying east of said curbline, this Easement is non-exclusive. 6. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 7. Grantor also retains, reserves, and shall continue to enjoy the surface of the Property for any and all purposes which do not unreasonably interfere with and RIGHT -0F -WAY EASEMENT Page I of 3 prevent the use by Grantee of the Property or the Facilities for their intended purposes, including the right to build and use the surface of the Property for drainage ditches and private driveways, sidewalks, landscaping, surface parking areas and other like uses; provided, however, that 8. 8. Grantor shall not erect or construct on the Property any building or other structure including, but not limited to a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the Property, or diminish or substantially add to the ground cover over the Facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other improvement, the use of which is inconsistent with the rights conveyed to Grantee by this Agreement; provided, however, that Grantee shall restore the Property, as reasonably as possible, to its condition immediately prior to any excavation of the Property for purposes of Grantee's maintenance or repair of the Facilities. 9. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 2005. WILLIAM M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship William M. Booth, Sole Proprietor Rebecca B. Booth Bill 1. Chapman P.D. Chapman APPROVED AS TO FORM: Patricia E. Carla Brown & Carls, L.L.P. City Attorney RIGHT -0F -WAY EASEMENT Page 2 of 3 purposes, including the right to build and use the surface of the Property for drainage ditches and private driveways, sidewalks, landscaping, surface parking areas and other like uses; provided, however, that 8. 8. Grantor shall not erect or construct on the Property any building or other structure including, but not limited to a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the Property, or diminish or substantially add to the ground cover over the Facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other improvement, the use of which is inconsistent with the rights conveyed to Grantee by this Agreement; provided, however, that Grantee shall restore the Property, as reasonably as possible, to its condition immediately prior to any excavation of the Property for purposes of Grantee's maintenance or repair of the Facilities. 9. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 2005. WII.LGIIrf M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship By: William M. Booth, Sole Proprietor Rebecca B. Booth Bill I. Chapman P.D. Chapman APPROVED AS TO FORM: Patricia E. Carts Brown & Carls, L.L.P. City Attorney RIGHT-OF-WAY EASEMENT Page 2 or 3 STATE OF TEXAS § 4 COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 2005, by William M. Booth, Sole Proprietor of Westinghouse Road Ventures, a Texas sole proprietorship. Notary Public, State of Texas STATE OF TEXAS § 4 COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by Rebecca B. Booth. Notary Public, State of Texas STATE OF TEXAS § 4 COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by Bill I. Chapman. Notary Public, State of Texas STATE OF TEXAS § 4 COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by P.D. Chapman. Notary Public, State of Texas AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown City Secretary P.O. Box 409 Georgetown, Texas 78627 RIGHT-OF-WAY EASEMENT Page 3 of 3 EXHIBITS "A" and "B" Metes and Bounds Description and Diagram of Right -of -Way Easement] RIGHT-OF-WAY EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WH,LIAMSON This Agreement (this "Agreement') is made on the day of 2005, at Georgetown, Texas, between William M. Booth dba Westinghouse Road Ventures, a Texas sole proprietorship, whose address is 3304 Bmagna, Georgetown, Texas, 78628 and Bill J. Chapman and wife, P.D. Chapman, whose address is P.O. Box 1333, Georgetown, Texas, 78627 hereinafter collectively referred to as "Grantor), and the City of Georgetown, a Texas homo- rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Ate: Georgetown City Secretary (herein referred to as "Grantee'). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor hereby GRANTS, DONATES and CONVEYS to Grantee, its successors and assigns, an exclusive right-of-way easement (the Easement') for the placement, consmtctiou, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of a public roadway and related facilities including, but not limited to, drainage facilities (collectively, the Facilities") on, over, under, and across the following described property of the Gramor, to wit Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, Stam of Texas, being mom particularly described by metes and bounds in Exhibit "A" and by diagram in Exhibit "B" attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property'). 2. agt portion of theEasement Ivme east of the curbline depicted upon Exhibit "B" _.. _...- natm:lm e..®.r br4r Grantee purpose rnd.a,a., shall be used by Gree for no other then accession the remainder of the Easement and for sienaee. That portion of the Easement Nine west of and includme the curbime shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. 3. The duration of the Easement is perpetual. rraersm rae.t: tet as 4. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any pan thereof. the Easement and the rights and privileges granted by this Agreement, are tbtartlatl: aim: tem es, EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor a.zs, no daetaa re covenants that Grantor shall not convey my other easement, license, or conflicting t eletl:, tight to use in any manner such arca (or my portion of such area) cowed by this-...... grunt As to the portion of the Easement (vine east of said curbline. this Easement non-exclusive. Deaaae: dr Paranalbl:1 d : tdt e.S, 6_This Agreement contains the entire agreement between the parties relating to its ..._- floroyz azs matter. Any oral representations or modifications concerning this Agreement FaaMAsubjectwo : 0. r ' W tem ' ttaria5'q: a.]S', No wlaaa shall be of no force and effect Any subsequent amendment or modification must be numbeaq to writing and agreed to by all parties. Pbra."MN meat: ee nr, tpryyrp: a.xS 7. Grantor also retains, reserves, and shall continue to enjoy the surface of the Property---"'- 1 auiarel+t :I+ for my and all purposes which do not unreasonably interfere with and prevent the use Munte', * ' 1' y 3' ."' Snit ac 7 Npvrvit Lan +Maned a: by Grantee of the Property or the Facilities for their intended purposes, including the ar+Tab ~. o.r5-+Went at right to build and use the surface of the Property for drainage ditches and private 0.7S' EIGHT-OF•WAY EASEME W Pap 1 of 3 a driveways, sidewalks, landscaping, surface parking areas and other like uses; provided, however, that Grantor shall not erect or construct on the Property any building or other structure including, but not limited to a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the Property, or diminish or substantially add to the ground cover over the Facilities. Grantee shall not be responsible or liable for the removal, repair or damage to my property, structure, building, or other improvement, the use of which is inconsistent with the rights conveyed to Grantee by this Agreement; provided, however, that Gnmtce shall restore the Property, as reasonably w possible, to its condition immediately prior to my excavation of the Property for purposes of Grantee's maintenance or repair of the Facilities+ tror.r.a.e taamn less as 8. The terms of this Agreement shall be binding upon Grantor, and Grantor's hews,-------- ttarenibk auraae0+r : r+ personal representatives, successors, and assigns; shall bind and more to the benefit of v Ark: 1,3, 3, ... +Stall the Grantee and any successors or assigns of Grantee; and shall be deemed to be a W l+apnoea: LLst+AWp a aS+TM ager: o. +hest at covenant running with the land 0.75- corm mares: nes o.s, IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this o.u' day of .2005. APPROVED AS TO FORM: Patricia E. Cads Brown & Carls, LL.P. City Attorney RIGHT-OF-WAY EASEMENT WILLIAM M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship William M Booth, Sole Proprietor Rebecca B. Booth Bill J. Chapman P.D. Chapman Fanaalaedr RMt: ar Page 2 of 3 4 STATE OF TEXAS ¢ COUNTY OF wwn LuwON g This imatmtent was acknowledged before me on this the day of 2005, by William M. Booth, Sole Proprietor of Westinghouse Road Ventures, a Texas sole proprietorship. Notary Public, State of Texas STATE OF TEXAS ¢ COUNTY OF WQ.LIAMSON § This instrument was sclutowledged before me on this the _ day of 2005, by Rebecca B. Booth Notary Public, State of Texas STATE OF TEXAS g COUNTY OF R'II.LiAMSON § This instrument was acknowledged before me on this the _ day of 12005, by Bill J. Chapman. Notary Public, State of Texas STATE OF TEXAS $ COUNTY OF WILLIAMSON 4 TI is Instrument was acknowledged before me on this the _ day of 2005, by P.D. Chapman. Notary Public, State of Texas AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown City secretary P.O. Box 409 Georgetown, Texas 78627 eae.m.m tusre: o.s FLIGHT -OF -WAY EASEMENT Page3of3 Council Meeting Date: July 25, 2005 Item No. F, i/% EXECUTIVE SESSION AGENDA ITEM COVER SHEET CONFIDENTIAL SUBJECT: Consideration and possible recommendation to authorize purchase from Cox Communications joint fiber facilities and to allow for separation and relocation of existing fiber currently owned by Georgetown Utility Systems from fiber owned by Cox Communications. ITEM SUMMARY: This will allow for Georgetown Utility Systems fiber plant to be separated from fiber owned and operated by Cox Communications, and for the new build of strand/fiber and over -lashing on GUS existing fiber to connect all of the following points: James St. Water Tower, Corps of Engineers, Fire Station #2, Parks Rec. Center Building, Parks & Rec. AdministrationBuilding, and the existing GUS fiber enclosure at 4th and Main, with all work being done in conjunction with the current Cox Communications system rebuild. SPECIAL CONSIDERATIONS: With ownership of the local cable provider possibly changing, and with Georgetown Utility Systems fiber becoming increasingly important to the City of Georgetown for data and voice transmission, as well as its original mission for SCADA and AMR uses, Staff believes it is extremely important that our system be separated from any joint use for both operations and security purposes. GUS BOARD RECOMMENDATION: GUS Board recommended approval to Council at its July 19, 2005 meeting. Approves 5 to 0. Gavumik and Brown absent. STAFF RECOMMENDATION: Staff recommends approval of the purchase, relocation and separation of fiber facilities between Georgetown Utility Systems and Cox Communications FINANCIAL IMPACT: Funding not to exceed $127,000.00 will be taken from the GUS Fiber Capital Account 611-101-6005. COMMENTS The original agreement to share strand for fiber placementbegan with Williamson County Cablevision, and has now passed through two sales of the local company. Cox Communications has informed the City of Georgetown that their company's facilities in Texas are for sale. It has been extremely difficult to identify ownership through the three previous owners, and this project will relocate this fiber and identify it as owned by Georgetown Utility Systems. ATTACHMENTS: Confidential unit prices supplied by Cox Communications Submitted Manager, T~nergy Services for Utilities COWIDMIAL Part um r tionuaati nit Price Total 200-0054 1/4" E.H.S Strand 40000 0.06 2400.00 200-9251 45m Lmhing Wire 110 17.65 1941.50 440-0225 902E Lasbing Wire Clanv 600 0.33 198.00 440-5947 10" Stainless Cable SftV 1000 0.15 150.00 440-3948 16" Stainless Cable Strap200 0.19 38.00 440-2925 P-12 1/2" Kinsel Spa= 1200 0.04 48.00 440-0169 4" Screw Anchor 0 6.40 0.00 440-2408 1 -Hole Guy Attacbn=t 100 0.68 68.00 440-0136 Guard, Guy Marker 8' 100 3.17 317.00 440-0158 1/4" Preform 400 0.86 344.00 440-0292 12" Machine Bolt 0 0.59 0.00 440-0297 12" Thimble Eye Bolt 0 1.73 0.00 440-0291 14" Machine Bolt 300 0.801 240.00 440-0296 14" Thimble Eye Bolt 0 2.131 0.00 440-0367 Thimble Eye Nut 200 117 254.00 440-0871 3 -Bolt Guy Clamp 0 3.23 0.00 440-0133 Suspension Clamp 300 1.73 519.00 440-0232 Curved Susperasion ClanV 50 2.38 119.00 440-0004 2" Square Washer 1000 0.09 90.00 440-0095 5/8" Nut 1000 0.12 120.00 440-1257 Slip -Eye 100 440-0112 Strandlink R-5000 20 4.86 97.20 600-2438 Marker, Fiber 500 I.00 500.00 600-5668 10" Sno-Shoes 70 17.09 1196.30 600-6340 16"Sno-Show 0 IZ09 0.00 600-5769 Tray, Antec 0 25.851 0.00 600-6328 Closure, Antec - 0 387.44 0.00 440-0229 Bonding Clamp 400 0.42 168.00 440-0072 8' Gmund Rod 5/8' 0 6.71 0.00 510-6439 Ground Rod Cla 5/8" 0 1.15 0.00 200-0002 Coppa Wim #6 500 0.17 85.00 440-0364 Split Bolt 400 0.57 228.00 440-9551 Staple, Coppff 1.25"x.25" 0 0.06 0.00 600.2909 Wall Mount Patch Panel 0 198.60 0.00 600-3851 Tym FOSC D Enclosure 14 355.34 4974.76 6004005 Tray FOSC D 40 26.25 1050.00 600-3849 Tyco FOSC B Enclosure 0 221.52 0.00 600-2097 Tmy FOSC B 0 14.70 0.00 616-3814 Brackets for Tyco Enclosure 0 8.76 0.00 600-2782 Pmtection Sleeves 500 0.54 270.00 600-2817 Rack Mount Patch Panel 0 136.40 0.00 600-1005 Multi Link Enclosure 0 86.55 0.00 0.00 Hardware Total 15,415.76 F.O. Electronics SS to WB WAS SS to WB ost.xls Total Fmtage_EdU2M.EW Total 12 Ct Plenum 1.380 0.00 12et Fba Feeder, Coraco 0 0.284 0.007669648ct. 18cL Fiber Feeder 0.300 0.00 24ct Fiber Feeder 0 0.375 0.00 24et Lo -Tube, Sin a JacketlArmor, Commsco 0.363 0.00 36CL Loose -Tube, Sin le lackettArmor, Commsco 0.447 0.00 48ct. Loose -Tube, Sin le Jacket/Arnwr, Commsco 0 0.731 0.00 60ct. Loose -Tube, Single Jacket/Ammr, Comm cope 0.6281 0.00 602-3072 72ct. Loose -Tube, Single Jacket/Armor, Commacope 0.737 0.00 602-3084 84CL Loose -Tube, Single Jacket/Amwr, Comm cope 0.854 0.00 602-3096 96ct. Loose -Tube, Single Jacket/Amwr, Conumcope 47800 0.960 45897.56 602.3108 108ct. Loose -Tube, Single JackettArmor, Commscope 1.070 0.00 602-3120 120ct. Loose -Tube, Single JackettAmwr, Conunscope 1.186 0.00 600-6738 132ct. Loose -Tube, Single JackettArmor, Cormpe 1.298 0.00 600-6744 144ct. Loose -Tube, Single JackettArmor, Conumeope 1.369 0.00 600-6750 156ct. Loose -Tube, Single JackettArmor, Commscope 1.460 0.00 600-6754 168CL Loose -Tube, Single Jacket/Amtnr, Com cope 1.445 0.00 602-3175 180et. Loose -Tube, Single JackettArrnor, Cormracope 1.542 0.00 M-6768 192ct. Loose -Tube, Single JackettAmwr, Cormnscope 1.599 0.00 3204 204ct. Loose -Tube, Single Jacket/Armor, Commsco a 1.693 0.00 600-6780 216CL Loose -Tube, Single JackeVAmwf, Commocope 1.787 0.00 Fiber Total 47800 45,897.56 Materials Total 15,685.76 Composite New Stand includes all anchors, do"guys, bonds, etc.) 38000 0.31 11780.00 Install VGR new stand at enclosures, 90's and evffy tenth le 0 25.00 0.00 Tmebimming 4000 0.13 520.00 Lash Fiber 38000 OM 19000.00 Overlash Fiber Cable 9000 0.53 4770.00 Install Slack Loop 33 35.00 1155.00 Install Fiber Enclosure 12 125.00 1500.00 Fibers lice 500 37.50 18750.00 Delash Relash 4000 0.70 2800.00 Make Ready 0 50.00 0.00 Reinter Splice Enclosure 8 165.00 1320.00 Ring Cut/Mid-Entry 2 110.00 220.00 Band Concrete or Metal Pole 20 42.50 850.00 Clerical 20 25.00 500.00 Designer 10 55.00 550.00 Pm mt Facilitator IOF 35.00 350.00 Ro'ect S ism 10 75.00 750.00 Labor Total 564,813.00 Grand Total 5126,398.32 SS to WB ost.xls der art Numbe roue - , e:.. ]MET De5f1'I AWN onestl Unit Price Total ue, to ac ete Groun 4 x x e, t arm t e I on mt t t ame ostor t r amm tgn ourn atch Panel co nc osure m co c osure 221.52 609:7097--ratj rac ets or yco ne osure rotecum Sleeves oun[ at ane 600-1005 Multi Link Enclosure 86.55 0.00 Pig Tail 105.00 0.00 0.00 ibex' Hardware To To Foot& P ce er Foo Total 0.00 600-1347 12 Ct Pimm 1.380 0.00 601-6006 12ct. Fiber Feeder, Commscope0.284 0.00 601-1408 18et. Fiber Feeder 0.300 0.00 601-1414 24ct Fiber Feeder 0.375 0.00 600-6684 240. Loose -Tube, Single Jacket/Armor, Commseo a 0.363 0.00 600-6690 36ct. Loose -Tube, Single Jacket/Armor, Commwo a 0.447 0.00 600-6696 48ct. Loose -Tube, Single Jacket/Armor, COIDmsco a 0.731 0.00 600-6702 60ct. Loose -Tube, Single Jacket/Armor, Commsco a 0.628 0.00 602-3072 72eL Loose -Tube, Single Jacket/Amror, Commsco a 0.737 0.00 602-3084 84CL Loose -Tube, Single Jacket/Armor, Commseo a 0.854 0.00 602-3096 96ct. Loose -Tube, Single Jacket/Armor, Commsco a 0.960 0.00 602-3108 108ct. Loose -Tube, Single Jacket/Armor, Commsco a 1.070 0.00 602-3120 120ct. Loose -Tube, Single Jacket/Armor, CDmmscope 1.186 0.00 600-6738 132ct. Loose -Tube, Single Jacket/Armor, Commscope 1.298 0.00 600-6744 144ct. Loose -Tube, Single Jacket/Armor, Commsco a 1.369 0.00 600-6750 156eL Loose -Tube, Sin le Jacket/Armor, GDaunscope 1.460 0.00 600-6754 168ct. Loose -Tube, Single Jacket/Armor, Commsco a 1.445 0.00 602-3175 180ct. Loose -Tube, Single Jacket/Armor, Commsco a 1.542 0.00 600-6768 192ct. Loose -Tube, Sin le Jacket/Armor, Commsco a 1.599 0.00 602-3204 104eL Loose -Tube, Single Jacket/Armor, Commsco 1.693 0.00 600-6780 216ct. Loose -Tube, Single lacket/Armor, Commsco 1.787 0.00 Fiber Total 0 0.00 Materials To 50,00 iber Construction 1550 0.00 Pi 3.50 0.007PuH9.50 4750.00 er 40.00 0.00 lt 250.00 0.00 iber Tbrou Conduit 0.50 0.00 uocate wire 0.05 0.00 Excavation 125.00 0.00 Fiber S lice 37.50 0.00 Labor Tohl 50.00 Grand Total 0.00 GUS Fiber 96Est Agenda Item Check List rrt mma Financial Impact Agenda Item: Agenda Item Subject: Is this a Capital Improvement Project: Council Date: GUS/City of Georgetown -Cox Fiber Purchase and Separation of fiber plant Yes _ ) No 07/25/2005 link to Agenda database => Need Help? Was it budgeted? • Yes :_i No Is it within the approved budgeted amount? 0 Yes ' . ) No If not, where is the money coming from? G/L Account Number 611-101-6005 Amount Going to Council $ 127,000.00 Is there something (budgeted) that won't get Yes 0 No done because you are spending these funds? If so, please explain. Will this have an impact on the next year's Yes • No budget? If so, please explain. Does this project have future revenue Yes • No impact? Year: Department: If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: If so, what divisiori Historically only expense has been for underground 24 for route selection Yes No Information Technology Prepared by: Mike Mayben Date: 07,118/2005 Agenda Item Checklist: Approved on 0711812005 Approvers Title AssignedReceived Status Changed Status Jim Briggs Assistant City 07/18/2005 07/182005 07/18/2005 07/18/2005 Approved Jose Lara Manager 07/18/2005 07/18/2005 7/18/2005 07/18/2005 Approved Utility Financial Analyst Approval Cycle Settings CONFIDENTIAL Council Meeting Date: July 25, 2005 Item No EXECUTIVE SESSION AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve payment to McCord Engineering to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping. ITEM SUMMARY: The City of Georgetown currently has a contract with McCord Engineering to provide engineering services related to the planning, design, and review of the City's electric system improvements and expansion projects and plans. The City has requested that McCord Engineering continue to provide these engineering services. These services also include planning review in conjunction with our subdivision process for local development projects as well as designs for Georgetown South and East Substations. Therefore, staff requests approval of funding, not to exceed $475,000.00, between the City of Georgetown and McCord Engineering for continuation of these electrieengineering services. SPECIAL CONSIDERATIONS: NONE GUS BOARD RECOMMENDATION: GUS Board recommended approval to Council at its July 19, 2005 meeting. Approved 5 to 0. Gavumik and Brown absent. STAFF RECOMMENDATION: Staff recommends approval of the McCord Engineering contract for 2005 for Electric Engineering Services. FINANCIAL IMPACT: Payments not to exceed $475,000.00 will be paid from the Electric Capital Projects budget as appropriate. NONE ATTACHMENTS: Current project list Submitted F/: Mike Mayr Manager, Energy Services for CONFIDENTIAL CITY OF GEORGETOWN ENGINEERING PROJECT STATUS Enqineerinq Complete Project Received MEI Job Code Project Title Gtown Project 09-24-04 GEO-25.1 Right of Way Clearing Bid 4CP-04000 09-24-04 GEO-21.5 Construction Labor Bid 4CQ-04000 09-24-04 GEO-21.6 Construction Conduit and Trench Bid 4CR-04000 11-11-02 Geo -43-B.2 1904 Railroad St. Dr. Bartschmidt Office 4AU-04000 08-05-04 GEO-43- W.10 World Gym 4CE-04000 01-06-05 GEO-43- S.10 Southwestern University Central Plant Modifications 4EX- 04010SU 11-14-03 Geo -43-G.1 Georgetown Country Club 4BH-04015 07-12-04 Geo43-0.1 O'Reilly Auto Parts 4BY-04010 09-24-04 GEO-44- G.16 GT60 Feeder Exit and Rebuild 4CS-04000 09-15-04 GEO-18.1- IP Sun City Neighborhood 33 4CT-04010 10-19-04 GEO-42- W.5 Chase Bank - Wolf Ranch 4CV-04020 11-19-04 GEO-42- C.5 Chick -Fill -A Wolf Ranch 4EJ-04020 08-23-02 Geo42-S.5 Simon Property Group Georgetown Wolf Ranch 4AS-04020 11-05-04 GEO-18.1- IR Sun City Texas Neighborhood 20A 4DT-04010 01-21-05 GEO-41- C.5 Pole Contact Work - Cox Communications - Map Grid M54 4FG-04000 01-21-05 GEO-41- C.6 Pole Contact Work - Cox Communications - Map Grid N55 4FF-04000 01-21-05 GEO-41- C.7 Pole Contact Work - Cox Communications - Map Grid L55 4FI-04000 01-21-05 GEO-41- C.8 Pole Contact Work - Cox Communications - Map Grid L56 4FJ-04000 04-07-03 Geo42-F.1 First Baptist Church Georgetown 4AX-04020 07-12-04 Geo43-S.9 San Gabriel Village Retail Addition 4BW-04010 09-13-04 GEO-43- M.6 400 Main St 4CO-04010 01-24-05 GEO-43- S.11 Southwestern University Fine Arts Building 4FO-04010 01-21-05 GEO-41- C.9 Pole Contact Work - Cox Communications - Map Grid M55 4FH-04000 01-21-05 GEO-41- C.10 Pole Contact Work - Cox Communications - Map Grid L57 4FK-04000 01-21-05 GEO-41- C.11 I Pole Contact Work - Cox Communications - Map Grid K57 4FL-04000 06-15-04 Geo -43-G.2 I City of Georgetown Animal Shelter 4BU-04010 GEO-41- 01-21-05 C.12 Pole Contact Work - Cox Communications - Map Grid K58 4FM-04000 GEO-35 Capacitor Bank Additions 2004/2005 07-18-03 Geo-8.4 LCRA Transmissions Line Relocation SH 130 4AY-04025 11-14-03 Geo-43-G.1 Georgetown Country Club 4BH-04015 Geo-33- 01-28-04 M.2 Main St. 4th to 6th Underground conversion 4131-04000 GEO- 42- 08-27-04 S.6 St. Helen Priest Retirement Community 4CG-04020 GEO-44- 09-24-04 G.16 GT60 Feeder Exit and Rebuild 4CS-04000 GEO-42- 11-01-04 S.7 St. Hellens Catholic Church Switchover 40M-04020 11-19-04 GEO-4.2-J CIP Review 2005 4EL-04000 G EO-44- 01-24-05 G.18 GT10 to GB70 Tie Line Holly & 2nd 4AD-04015 02-05-04 Geo-44-A.2 Ash St University to 5th Rehab. 4BJ-04000 02-05-04 Geo-44-F.1 Forest University to 20th Rehab. 4BL-04000 GEO-43- 04-04-05 GA Georgetown Church of Christ 4GX-04010 Geo-44- 02-05-04 M.2 Maple University to 15th 4BN-04000 02-05-04 Geo-44-S.2 South College University to 15th 4BO-04000 GEO-43- 11-19-04 W.11 West University Professional Center 4EI-04010 GEO-18.1- 01-28-05 IT Sun City Texas Neighborhood 22 4FX-04010 GEO-18.1- 01-28-05 1 IU Sun City Texas Neighborhood 28 4FY-04010 GEO-44- 02-08-05 L.1 Olive, Laurel, Vine From University to 15th 4AC-04000 G EO-20- 10-09-00 R.10 Reserve At Berry Creek Sec.2 4HP-04010 GEO-44- G.11 Riverside Dr. 12.5kV to 25kV Voltage Conversion 4AD-04000 GEO-43- 04-15-05 G.5 Georgetown High School Greenhouse 4HC-04010 Geo-43- 09-05-03 M.3 Minarovic Aircraft Hanger 4BB-04015 09-22-03 Geo-48-C.1 CB50 Reconductor FM 2243 Leander Rd. 4BF-04015 GEO-41- 03-03-05 C.13 Pole Contact Work - Cox Communications - Map Grid J58 4GI-04000 GEO-43- 04-15-05 G.5 Georgetown High School Greenhouse 4HC-04010 GEO-43- 04-15-05 PA Pickett Elementary Security Lighting 4HD-04015 GEO-18.1- 04-29-05 IW Sun City Horticulture Club 4HM-04015 GEO-18.1- 01-28-05 1 IS I Sun City Texas Neighborhood 19 4FW-04010 GEO-18.1- 01-28-05 IT I Sun City Texas Neighborhood 23 4FX-04010 GEO-41- 03-03-05 C.14 Pole Contact Work - Cox Communications - Map Grid L58 4GJ-04000 GEO-41- 03-03-05 C.16 Pole Contact Work - Cox Communications - Map Grid M57 4GL-04000 GEO-41- 03-10-05 C.18 Pole Contact Work- Cox Communications- Map Grid J59 4GL-04000 GEO-41- 03-10-05 C.19 Pole Contact Work- Cox Communications- Map Grid K58 4GM-04000 GE046- Lake Georgetown Trial and Rivery Park Hike and Bike 08-20-04 L.1 Lighting 4CU-04010 07-10-02 Geo-46-C.2 Chandler Foundation Park 4AP-04010 GEO-41- 03-03-05 C.15 Pole Contact Work - Cox Communications - Map Grid M56 4GK-04000 GEO-41- 03-10-05 C.21 I Pole Contact Work- Cox Communications- Map Grid M58 4GO-04000 Agenda Item Check List rr umm Financial Impact Agenda Item: Agenda Item Subject: Is this a Capital Improvement Project: Council Date: Was it budgeted? Professional Services McCord Engineering Extension of Professional Services Agreement August 2005 Yes , , No 07/25/2005 link to Agenda database => Need Help? Is it within the approved budgeted amount? If not, where is the money coming from? G/L Account Number Amount Going to Council Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. Will this have an impact on the next year's budget? If so, please explain. Does this project have future revenue impact? Year: 2005 and beyond Yes (=) No Yes, _ No 611-101 475,000.00 Yes • No Yes • No Yes No Department: Georgetown Utility Systems If so, how? Electric revenue Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: Yes 0 No If so, what division(s)? Prepared by: Mike Mayben Date: 07/18/2005 Agenda Item Checklist: Approved on 07/18/2005 Approvers Title ssigned Notified Received Status Changed Status Jim Briggs Assistant City 07/18/2005 07/18/2005 07/18/2005 07/18/2005 Approved Jose Lara Manager 07/18/2005 07/18/2005 7/18/2005 07/18/2005 Approved Utility Financial Analyst Approval Cycle Settings It A Council Meeting Date: July 26, 2005 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action authorizing an agreement with Contract Land Staff, Inc. for right-of-way acquisition services. ITEM SUMMARY: Due to an increasing demand for professional right-of-way acquisition services throughout all areas of the City, staff desires to enter into an agreement with Contract Land Staff, Inc. CLS") to perform right-of-way and easement acquisition services as needed. The City has used CLS in the past and based on the City's previous positive experience with CLS, as well as CLS' continued reputation for providing quality, professional land acquisition services at competitive rates, staff recommends entering into the proposed agreement. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: Expenditures shall not exceed $100,000 in any one fiscal year, without written consent of the City Council. GUS BOARD RECOMMENDATION: Approval recommended July 19, 2005. STAFF RECOMMENDATION: Recommend approval. ATTACHMENTS: Proposed Right -of -Way Services Agreement Terri ulasDy ualnoun im rig Paralegal ssista ty Manager for Utility Operations RIGHT OF WAY SERVICES AGREEMENT This Right of Way Services Agreement (this "Agreement") is entered into effective as of the —day of , 2005, by and between the City of Georgetown, a Texas home -rule municipal corporation ("City"), having its principal place of business in Georgetown, Williamson County, Texas and Contract Land Staff, Inc. ("Consultant"), a Texas corporation having its principal place of business at 10701 Corporate Drive, Suite 215, Stafford, Texas 77477. The City and Consultant are hereinafter sometimes referred to individually as a "Party' and collectively as the "Parties". WITNESSETH: In consideration of their mutual covenants hereunder, the Parties agree as follows: 1. Scope of Services. The City may from time to time request that Consultant perform certain professional and consulting services pertaining to right of way and other land acquisition services (the "Services") in accordance with Chapter 2254 of the Texas Government Code. Each request shall be made in the form of a written "authorization letter", "job order", or verbal request followed up via email" that describes with particularity the Services being requested and the time for performance. The Services to be provided may include those set forth in "Services to be Provided" attached hereto as Exhibit A. 2. Performance of Services. After accepting a request for Services, Consultant will perform the Services as specified and in the timeframe established by the City, subject to Paragraph 9 of this Agreement relating to Force Majeure. 3. Charges for Services. Charges for Services will be made in accordance with the Schedule of Rates attached hereto as Exhibit B and the Expense Reimbursement Procedures attached hereto as Exhibit C. Consultant shall invoice City monthly for Services performed and payment shall be due within forty-five (45) days of City's receipt of invoice. A discount for prompt payment shall be allowed to City on invoices matching the criteria set forth in Exhibit B. Consultant shall maintain such books and records as may be reasonably required to substantiate charges invoiced under this Agreement. The total amount of compensation, including reimbursements, by the City to Consultant for all services to be performed under this Agreement shall not, under any circumstances, exceed $100,000.00, during any one City fiscal year (October 1 through September 30), without prior written approval of the City Council. 4. Term. This Agreement shall remain in effect until terminated by either party pursuant to Paragraph 12 hereof. 5. Confidential Information. All confidential data and information acquired by Consultant from the City during the performance of Services shall be kept confidential and shall not be disclosed by Consultant to third parties without the written consent of City, unless Consultant is required by law or court order to make disclosure. Data and information obtained by Consultant in the ordinary course of its business, or which is in the public domain through no wrongful act of Consultant shall not be considered confidential. Contract Land Staff, Inc. Page 1 of 10 6. Ownership of Work Product. All reports, records, and other electronic files, sketches, working drawings and other tangible evidence of Consultant's work product prepared hereunder for City by Consultant and Consultant's independent professional associates and subcontractors, if applicable shall be the property of City. The City shall retain ownership and property interest therein, whether or not the Service(s) are completed, upon payment by the City to the Consultant for the actual costs, if any, of reproduction (Le., copying and printing) and other similar direct expenses. Consultant may retain a record copy of its work product. Any use ofConsultant's work product by the City for any purpose other than their intended purpose under this Agreement shall be at the City's sole risk. 7. Cross Indemnification. Consultant shall indemnify and hold harmless City and its affiliates, and the directors, officers, shareholders, employees and agents thereof, from anydamages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which arise out of the Consultant's breach of any of the terms or provisions of this Agreement, or by any other negligent act, error or omission of the Consultant, its agents, servants, employees, subcontractors, or any other persons or entities for whose acts the Consultant is legally liable. To the extent allowed by law, City shall indemnify and hold harmless Consultant and its affiliates, subconsultants and suppliers, and the directors, officers, shareholders, employees and agents thereof, from any damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which arise out of the City's breach of any of the terms or provisions of this Agreement, or by any other negligent act, error or omission of the City, its agents, servants, employees, subcontractors, or any other persons or entities for whose acts the City is legallyliable. . Either Party shall promptly advise the other in writing of any claim which could give rise to a right of indemnification under this Paragraph 6. The indemnified Party shall have the right, at its expense, to participate in the defense of such claim. 8 Scope of Liability. The City shall extend to Consultant the benefit of any indemnification or hold harmless agreement given by its other consultants and subconsultants in favor of the City for activities related to the Services. Notwithstanding any other provision of this Agreement, in no event shall Consultant or any affiliate be responsible for any indirect, special, incidental or consequential damage suffered by the City arising out of the Services or this Agreement including, without limitation, any increased operating expense, loss of anticipated revenue or profit, loss of goodwill, loss of use of any facility, loss of product, and damages resulting from environmental pollution, containment and cleanup. 9. Excluded Services Relatine to City's Other Contractors. The Parties acknowledge and agree that Consultant shall not supervise, direct or control City's other contractors or subcontractors at any tier ("City's Other Contractors"), nor shall Consultant have authority over or responsibility for City's Other Contractors with regard to: (a) the means, methods, techniques or sequences of work process or other work performed by City's Other Contractors; (b) jobsite safety or enforcement of federal, state, local or other safety requirements 4Din connection with the work performed by City's Other Contractors; (c) any failure to comply with applicable laws, rules, regulations, ordinances, codes, permits or orders by City's Other Contractors; or (d) any actions or omissions, including their failure to perform in accordance with their contractual responsibilities by the City's Contractors. Notwithstanding anything to the Page 2 of 10 contrary herein, Contractor acknowledges and agrees that Contractor shall have authority over and be responsible for the activities described in items (a) — (d), above, as it pertains to the Services by Contractor that are the subject of this Agreement. 10. Force Majeure. Except for the payment of money when due, should either Party be unable, in whole or in part, to perform its obligations under this Agreement by reason of force majeure, such Party shall be excused from performance to the extent it is affected by such force majeure. The Party affected by force majeure shall endeavor to remedy the impediment to its performance with all reasonable dispatch. The term "force majeure" shall mean any cause beyond the control of the Party claiming force majeure and which, despite the exercise of due diligence, such Party is unable to prevent or overcome. 11. Insurance. Consultant shall carry, at its expense; the insurance coverages set forth in "Insurance Coverage" attached hereto as Exhibit D. 12. Termination and Suspension. (a) Either Party shall have the right to terminate this Agreement if the other Party materially defaults in the performance of its obligations hereunder and fails to commence steps to remedy such default within fifteen (15) days after written notice thereof. City shall also have the right to terminate this Agreement for its own convenience upon thirty (30) days written notice to Consultant. In the event of termination, Consultant shall be paid for all (i) Services satisfactorily rendered up to the termination date and ii) in cases where the termination is not attributable to the default of Consultant, costs incurred by Consultant for an orderly discontinuance of Services. All partially completed work product shall be delivered to City after termination and payment therefor. b) City may suspend performance of the Services provided that it issues to Consultant a written suspension notice which includes an undertaking by the City to adjust the price and/or the performance schedule for the impact of the suspension. 13. Adiustments. In the event o£ (a) changes or additions to the scope of Services requested; or (b) delays in the performance of Services by reason of a force majeure, charges and/or performance schedules shall, if appropriate, be adjusted. Upon the occurrence of any change, addition or delay, Consultant shall, as soon as practicable, propose to the City for consideration and mutual agreement, an adjustment to charges and/or performance schedules. 14. Warranty. Consultant warrants that the Services shall be performed with that degree of skill and judgment normally exercised by professional right of way firms performing services of a similar nature. The Consultant will exercise due diligence and care and perform and complete work related to the Services in a good and workmanlike manner. Approval of the City should not constitute or be deemed a release of the responsibility and liability of Consultant, its employees, agents, or associates, for the exercise of skill and diligence to promote the accuracy and competency of their designs, information, plans specifications or any other document, nor shall approval be deemed to be the assumption of such responsibility by the City with respect to any defect or error in the documents prepared or work done by Consultant, its employees, agents, or associates. Without limitation to the foregoing, Consultant shall correct, at its own expense, Services which are (i) deficient because of Consultant's failure to perform said Services in accordance with the above standard of skill and judgment, and (ii) reported in writing to Consultant within a reasonable time, not to exceed thirty (30) days, from discovery thereof, but in no event later than one (1) year from completion of the relevant Services. With respect to Page 3 of 10 17. Notices. Any notices or communications required or permitted to be given hereunder shall be given in writing by delivery in person or by first class mail addressed to the party, postage prepaid, or by facsimile at the following addresses or such other address(es) as a Party may from time to time designate in writing: If to City: City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Telephone: (512) 930-3652 Facsimile: (512) 930-3659 Attention: Jim Briggs, Asst. City Manager for Utility Operations If to Consultant: Contract Land Staff, Inc. 10701 Corporate Drive, Suite 215 Stafford, Texas 77477 Telephone: (281) 240-3370 Facsimile: (281) 240-5009 Attention: Laurie F. Markoe Notices delivered in person shall be effective upon delivery. Notices sent by mail shall be effective on the third day after being so mailed. Notices sent by facsimile shall be effective on the day following transmission. Council Meeting Date: July 26, 2005 Item No. OA— AGENDA r— AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to award a contract for the 2005 Street Overlay Project to H. Deck Construction company for the Base bid, Add Alternate C and Add Alternate D, in the amount of $1,543,642.50 with a project budget of $1,690,192.50. ITEM SUMMARY: Bids were taken on Monday, July 18, 2005 for the 2005 Street Overlay Project. A considerable amount of effort was put forth to solicit bids. Due to the nature of the work and the large amount of work available to contractors at this time, only one bid was received. The project was bid with Add Alternates to insure a bid that was within budget. Recent projects involving extensive utility work have shown a pattern of needing more rehabilitation than originally expected. The change from point repair to reconstruction of these streets along with the recent price increase in construction materials (concrete, asphalt, steel, fuel) has limited the amount of streets that can be rehabilitated within the current budget. Adjustments to the 5 -year CII' will need to be made to accommodate the cost increases. Main Street (91" to University) is presently in this years budget and is in the engineering phase. The construction phase of this project will be moved into, and funded with next years budget. The streets in the 5 -year CEP will be reevaluated for reasonable timing of construction and adjusted as necessary to match the budget. The two Add Alternates not funded in this years budget were Forest Street and Morrow Street. These streets can be moved into next years budget. Preventative maintenance can be performed in-house to improve the condition until this later date. SPECIAL CONSIDERATIONS: None GUS BOARD RECOMMENDATION: GUS Board recommended approval at the July 19, 2005 meeting. Approved 5-0. Gavumik and Brown absent. STAFF RECOMMENDATIONS Staff recommends approval. FINANCIAL IMPACT: 203-101-6035-00 1,031,181.00 100-134-5806-00 150,000.00 641-101-6910-00 178,480.00 661-101-6103-06 245,113.00 661-101-6102-02 1 85.418.50 TOTAL 1,690,192.50 COMMENTS, None ATTACHMENTS: Engineers letter of recommendation Bi abulation Sheets — Submitted By: Tom Benz, P.E. Jim Systems Engineering s' nt Manager for Utilities KASBERG, PATRICK & ASSOCIATES, L.L.P. CONSULTING ENGINEERS One South Main Temple, Teas 76501 (254) 773-3731 In (254) 773-6667 mail@kpaenginc .com RICK N. KASBERG, P.E. R. DAVM PATRICK, P.E. July 18, 2005 Mr. Joel Weaver CIP Coordinator City of Georgetown 300 Industrial Avenue Georgetown, Texas 78626 Re: City of Georgetown 2005 Street Overlays Georgetown, Texas Dear Mr. Weaver: Attached are the Bid Tabulation Sheets for the bid received at 10:00 AM on Monday, July 18, 2005 for the above referenced project. This project publicly advertised on June 5, 2005 and June 12, 2005. We faxed invitations to bid to over fifty (50) contractors and personally called over twenty-five (25) contractors to solicit bids for the project. Four (4) contractors picked up plans for bidding the project and there were three (3) contractors that attended the pre-bid conference. As you are aware, we received only one bid for the project. We have carefully reviewed the bid prices and believe that the prices submitted by H. Deck Construction Company are reasonable and they are well under our base bid estimate for the project of 1,800,000.00. After reviewing all base bid parts and add alternates we recommend that you award a contract to H. Deck Construction Company for the Base Bid, Add Alternate C and Add Alternate D in the amount of $1,543,642.50. Furthermore, we recommend that the existing water services be replaced within Ranch Road and be added to the project budget utilizing the unit bid price. This will add $46,550.00 to the project. We also recommend that a contingency be placed into the project budget in the amount of $100,000 due to the nature of the project. This would bring the total project budget to $1,690,192.50 and the budgeted amount for this project is $1,770,752.00. If this recommendation meets with your approval the streets that will be rehabilitated with this project are: 1) Vine Street from University to 15th Street 2) Laurel Street from University to 15th Street 3) Olive Street from University to 15th Street 4) Maple Street from University to 15th Street 5) Pine Street from University to 15th Street 6) College Street from University to 15th Street 7) Ash Street from University to 15th Street 8) Parkway Street from Williams Drive to Gabriel View ]hive 9) Ranch Road from Williams Drive to Gabriel View Drive 10) River Bend from Mesquite Lane to Gabriel View Drive Mr. Joel Weaver July 18, 2005 Page Two We have reviewed the current workload and construction history of H. Deck Construction Company as well as contacted several references. As a result of our findings and the fact that they have satisfactorily completed a number of projects for the City of Georgetown, we recommend that a contract be awarded to H. Deck Construction Company in the amount of $1,543,642.50 (Base Bid, Add Alternate C and Add Alternate D). If you have questions, please call. Sincerely, R. David Patrick, P. . RDP/rdp 2005-104-40 to 40 BID TABULATION CITY OF GEORGETOWN, TEXAS 2005 STREET OVERLAYS PARTA-VINE STREET EulmatM in" DUE I ' A H. TAck Construction Co. 1601 Oxford Blvd Round Rock I'S 7/664 IronNo. ErtanmMPuin Unit d DanMscnion Unll Parendrd Price Nmum MObifuadm. Bolls all IumanceS 100% IS Mobilisation. BOMB all insurance S 4,700.00 S 4,700.00 IS 100% IS Pnivi& Cartrol Nan fIX Vehkulm uq Pe&saian Tuffs 7 750.00 100% IOD; 2S Buricalts all T,IfrK COaml Plan 1 krmnation 1 1,000.00 d 100% IS vwco 7' Prom Sit Before ft San of Comuucsim m 4 1 OO 1.000.00 1.000.00 100% IS Items tM the Owner rot Shown 00 the Construction Nam 00 1.1%.00rA- IAW LF Remove all Di or ExistingCurb all Gamy 14000.00 Reinert and Dispose, of Estsisnit Ocb all(Ausr 1,60D LF Furnish & ImMI SaMaM Curb & Gutter t 20,800.00 IS 2,400 SY Mill' Faiuin Asphalt u shown eo am 7,800.00 410 3,200 SY unisk & Imm112' -D- IIM AC Owda w/Pdmkun Seale. Aa 1 Clack FOkr 5.95 18,7X1.00 0.9 2D TN Furnish & Isnrul 'D' HMAC level 2000.00 17,550,00 900 SY Furnish & ImWl BNMWA or S Au ine Soddi 4 7 600.00 i 00 3,20D SY otN Subil'Ration in Aaordusue wish TiDOT Item 275 of 1993 TX Sundtd S 5.70 IB 40.00 A-13 30 SY osnsruci VLI Gu tm u Sh on Nam 1,650.00 I A-14 einem Sabsibation in AaorNtee with TaDOt Item 273 .11993 TX StaMarC S or omsruco m owns u on am 2 ,00 TOTAL BID AMOUNT PARTA- VINE STREET (It., A -D -A-M) 5 %.050.00 PART R - lADREi..O7rRET remNo, EulmatMin" Unit slid DaoDermlm UnitPrice E'neeledAmawt B-1 Mr IS MObifuadm. Bolls all IumanceS 1 f 4X18.00 0.2 100; IS Provide Catetd Nan for Vehicular all Pedestrian Trulk 750.00 750.08 B3 100% IS Basuka&a all Traffic Corneal Ran faVicasenunim I.DDD.00 1008.00 d 1 IS Vision TaIming "m Sim Before the Slav of Commctim cm Ike Pmjm 1.00Q.001,000,00 1.000.00 8.5 100% IS Itms RC4=md by dK Owner fol Showa on the Construction NmM1 I.OQQ.OQ 1000.00 B-6 1.600 LF Reinert and Dispose, of Estsisnit Ocb all(Ausr 9QQ 144W.OD R7 1.600 IS Fuoish As Install Standard Cub & Game, 13.00 20,10D.00 0.8 410 SY Milling Ei nshows, on p1m 1 1112.30 0.9 3.00D SY Famisk & ImtaR 2' T 'D' HMAC Umla w/Pehniemn Spon Seat. 15 IS 17,550,00 0.10 20 1 TN FamRt & imull Type 'D' "MAC I-cvd i 00 2,000.00 0.11 1 900 1 SY FardN & InuI1 Bermuda ce S A 1600,00 A-12 2§2 SY einem Sabsibation in AaorNtee with TaDOt Item 273 .11993 TX StaMarC S 5.70 11.100.00 0.13 73 SY Resmve all aceDriveways I 55.OD 4 125.00 W11 I Us I SY omlrnet Val Lunen I SS.00 1108.00 C -IS IS SY omtruct uD m u show. on pinn, 5500 51100 TOTAL BID AMOUNT PART B - LAUREL STREET Ohms B-1- B -IS) J.I:iRrQORl9af.ir:l.Y:r4 1 T M 107.501 he", Ab. ESUrnrMin Unit Bid OwnDelloion LYlirPrice L..MedAmoam C4 100; IS Mobsbsm'gn, Bows all lmlvarKe 1900 S 1.900.00 C-2 100R IS Provide Comms Ran !IX VehicMar end PMevrian Tra1fK 7 750.00 C-3 100% IS Barricades all Traf&COmml Plans enemasnn W 1,0301D C4 IODS IS Video TapmATapNoires Sim Before dm Sall of Comtrnclion On the Pmi.,t LOODOD 1.000.00 C-5 100% IS Venn Requesud by the Owstf nm Shown on the CmBtmclion Ram 1 LOOO.W CAi 1,300 LF Rem,c all Disposeof Umim Curb all Gum 9 11 170D.00 C-7 1.300 LF Furnish & imull Standud Curb & Curler 13.00 1 C-6 I'm SY Malin aisang mphat as shown on plass 125 1250.00 C-9 2.400 SY Furnish &InsWI 2' 'D' HMAC Owday wlPemoktn Spol Seta. AWMNOsaek Fib 5.65 14010.00 C-10 23 TN apish & imull 'D' HMAC IAevm 100.00 2 .00 C-11 750 SY Furnish & Install BermW a S Au slim Sodding4 10.50 1000.00 12 IOD SY Cemnl Subilbasion in AuoMsune wilt TIDOT Items 275 of 1991 TX Slaodrd 5,70 13 680.00 C-11 20 SY Remove all Replace Dmewa 55.00 I.IW.W GM W SY edtnm Vtlle Graters 5.70 3;0000 C -IS IS SY Irlxl Curb Returns u Showa m Nays 5500 R2SOD 0-17 inns mu src A u trtesM 55.00 2625.00 TOTAL SIDAMOUNT PARTC- OLIVE STREET (lti o , CI - C-16) PART D - MAPLE STREET S 80.570.00 It. N0.ti EaimaM Unit Bid DataDescrffon UnapriceAnCamEfhMed D -I IW% IS F4065iradoA. BOM, all imaanu S 6.0pom S 6,000.00 D.2 100% IS Prue & Cadmi Nan for Vehicular all PedesaVeu Traffic 750.00 750.00 D.3 100; IS Barrimdm and Traffic Contra Plan Imp4emnwion 000.00 1,000.00 DA 100; IS Video Taping Pmjm Sae Before 0m Sun of Comtnscllua on do No'm LOD0,00 1 D-5 100% IS Items R ted by We Owoar rot Shown M the COtmosell. Ram 1 1 AO D-6 1.200 LF R<srove all Dispose of alstism Cvb all Gouer 9 10,800,0) 0.7 1,200 LF Furnish & Imull SnMesd Curb As Gamer 11.00 0.6 620 SY Milfirt Esaluss Asphltan shown on pim 3.25 2.015.00 D-90.10 75002100 SY _ SY Fumis6 & Insall 2- T 'D' I IMAC OmlaywfPcooleum SW Scaler. Assplesh C.k FillerRemowallDuoflodstingAsphsatAMSubpseletotheBarnofftCurb 595. 3.M 20,473.OD 7 730.00 0.11 2 IW SY NcInse SbgA all Furnish all imtail Two Course Seal Com 7,00 6.300.00 D-12 2 IW SY Furnish & ImuR 4' 7 'B' HMAC Including Tack Cam 10.50 Z2,050.00 D-13 2f TN Furnish & Install T 'D' HMAC Level Up 100.00 2.500.00 D-14 675 SY Furnish & Im1111 Bermuda or SI Au line SoMing 2,70D.00 D -I5 CCootln Subdisa000 in Accordance wish TxDOT Item 275 of 1991 TX SUMard 5 a 5.70 17,670.00 D-16 W SY Remm¢ all Replace Dniw:wa s 5500 7.700.0) 0-17 Cosutrocu Wle Lunenu5 ...Nam 55.00 730.00 aulra0l murmur 005500 1175.00 TOTALBID AMOUNT PART D -MAPLE STREE'T(Ikms DI -&18) I S 121,933.001 2001IN 40 Page I of 5 BID TABULATION CITY OF GEORGETOWN, TEXAS 2005 STREET OVERLAYS PARTE- PINE.STREETRound F",tonrmOvanift II. Dick CPmlrucslon Co 1601 Oxrmd Bhd Rock TX 78664 I'm EsnastedossamIn Unit Rid DataDam. inn UnitPria EuededAnmm E-1 100E 1 IS Mobilmw., Binds ad Imutame $ 2,900.00 S 7.900.00 E-2100% 730.OD LS Provide Cotard I= fm Vehicww M6 Pedcsuim Traffc 7 750.00 F.7 100% IS Bartkadm and Trafrx Conlyd Plan Inwlem,malion 1 000.00 1,000.00 I.000.00 IS VMeo TMing woiect Site Ocfom the Start of CmutnXAiw on me Praiwi J.ODO.OD LS S 100% LS Items lie std Ih Owmr rot Shown on 1w I,n In nos 1.150.OD 1130.00 E-6 1.200 LF Remove and Dispow of Eshfing Cmb sod Ginter 9.00 10800.00 E-7 60D LF Fwdm & Insldl Slandud Cmb & Gmer 700 7 E41 60D LF Fursdsh & Install I Curb m Sbmn fn the Pians MOO 7 E.9 7 100 SY IWnfsh & losull 2' Typc -D- HMAC ()MdM w/Peuukmo . Stab. ASOM CfWk FAer 5.83 111,135.00 E-10 20 TN 1vnisb & InsuO T -D- HMAC level Up 1 SY F.I I 350 SY Furnirh & Install Rermud+m SI A.ffatinl SoddsqA 4.00 SY F-12 800 SY eronit SubFinlion is Ac ordao¢ with T 1,211d SY F. -I3 25 SY omlrml Vali Gmtm m Sims on Plain 3 1T73.OD lConsituct WIC Go" ns SIIo.m on Plans 3".0.00 omVuet tar mons m m am 23 875.00 TOTAL BID AMOUNT PART E- PINE STRBET(Imors E -I - R-14) PART F -COLLEGE STREET LL. 61.493.00 ItemAb. FnbrwedVin I Unit Bid OwnDaceion UnitPrice E11mdedAmowu 1 100% i5 MOMlvatso.. OoMs ad losurame 6000.00 6.000.00 F-2 IOOR LS Provide Como) Han for VeWcsAu and i destIlm frnfrc 7 73D.OD F-.3 100% IS Barkados ad TnrrX Comrd PIM I menulion 1 ODO.00 1.000.00 4 1 RA Video T Pro' t Site Befine me Stud of Cons='m on Ire 1 1.0m.00 I.ODQ.00 F-5 IOD% IS hems Xsud dm Owsn run Slmwn on Ne Coreruclim Plans 700.00 800.00 F-6 1700 LF Remove ad D'n of Eaiu' Cmb ad W1w 9.OD 1 .00 F-7 1.7110 LF Fvrvish & 1mtaB Stadvd Curb & GMur IT 22 P-8 600 Me MOIi Fxifd Asphaltas Slnwn on Nam 3.2 1.950.00 P-9 2.000 SY isb & Iosu112- -D- HMAC Olerlm IIPIIWleom ' Snler. Ctmk Fihr 27 . I i 700MW F -1D IS TN Furnish & install T -D- HMAC Lclel U 100.00 I .00 F-11 950 SY FLrntsh & ImW 1 Bernsods m St Au tme Soddin 3.800.00 F-12LO-OD SY einem Stni mioo in A.rdame wit TaDOT Was 275 of 1993 TX Slaodud s 500 UQ I 1400-00 F-13 35 SY ad ace Dtivewa i 1.975A0 F-14 N SY onsim Ville GmtmmShmmmPmm 2475.00 F•15 25 SY run Cob Returns m Stow m Nero 1 fl.00 F-16 650 IF w i,js & 1mta8 8. ni.erPVC V.90D WaRslioe 39.630.00 F-17 I EA 1 m Eainfo mnch Walerlirc x•00 F -I8 2 EA FWi Nu sd C9aoccl lu E.M I.WD.OD 2000.OD F-19 11 EA amfa Water Services 350- 3.BSO.00 F-20 100% IS budonElstio 700.00 a2imWm amri • siure Tsm.M Wamr, Pipe OGI SOD.00 TOTAL AMAMOUNT PART F- COLLEGE S71EET (ftmrs Fl - RSI) I S 129.725.00 j • /rem V No. F",tonrmOvanift Unit Bid DinaDermibn UnitPrior ExtendedAmount G I loom owinlim Bods sd Immame 7800.00 $ 7,8W W G -T 10091 LS ide Cooled Rao for Vehicular ad PedesmiM Trafrc 730.OD 750 OD G3 100% LS IB=Tkaks ad TraD'X Control Nan Ins Icmenutf0n 1,000,00 1000.00 LS Ivkko Taping Praim Sim Berm the Slav or Coourvniw m We Pro ect I.000.00 1 00000 G-5 100% LS ilems Red by 11m Ower nod Showa on de Comumtfoe Nam 11050.00 1 050.00 G4 1.750 LF Iftrowre sd Divose of Esistim Curb mans Gutter 9.OQ 13 730.00 G-7 1.750 LF wurnish & lnstd Standard Cmb & Gime 13.00 22 730.00 0.8 700 SY IM illillum Emstim Asplish asShowam Nam 3.25 2373.00 G9 2.900 SY IFormsh & Install 2' Type -D- HMAC Omla /Petroleum Spot Sealer. A I Crack Filler 16 965.00 GIG 20 TN Fmofsh&InsWi Type 'D' HMAC U,v l Up 2000.110 G-11 975 SY Purnish & WWI Bcr®da or Si Au nim Sodding 400 3.900.00 012 1.300 SY IC.n w 9ab0irmio. la Accordance with TVDOT Imm 275 of 1993 TX SuoVlard SMS 5.70 7410.00 0.13 60 SY Remove ad lace Drive,,. 55.00 3.300.00 C.14 60 SY lConsituct WIC Go" ns SIIo.m on Plans 3".0.00 0.15 23 1 SY rmIrml Curb Returns as SMwa on Pimm 55.00 1.373.00 G-16 825 1 LF IP..ish&IsrsWl B-D'iamee PVC C-900 Wamrlim 6LOO 30323.00 617 2 1 EA tins of 6-imdr Wel TV 1 1000.00 416 1 I BA 1L., to Fxis' 2-iack Wmerlim 750.OD 750.00 619 2 1 FA neve Esistim Plut aW Conmcl to Exwim &imb Wamrlim 4.000.00 G-20 1 RA M & [omit 6-imL Fka 600.00 600.00 G-21 1EA Famish Muer Ws. ' . Tods & Labor kw Pressure T Wamr ' 700.00 700.00 G-22 3 FA Fwnisb & Imult 84mb Gale Valve 2,40D.00 7,20D.00 623 1 FA T. & Im Wl 8- x 4- Tee 700.00 700.00 624 1 EA misb & Imull 8.1 6- Reduv 325TOO 325.00 025 1 EA n.'sim & Install 4- a 2- Redu 27 . 275.00 626 12 FA Tnmmr Wer Servius 7 4.200.00 627 10D% IS Abadon r. (;h & 2-imb Watedlms 500.00 mons amnaTools r PrMSUM nthWaist PW 500 UQ 00.00 TOTAL BID AMOONf PARTG- ASN STREATOrems GI - G 28) m a roa• tin w r Paps 2 of 5 0 to BID TABULATION CITY OF GEORGETOWN, TEXAS 2005 STREET OVERLAYS PARTPI-PARKWAY STREET Fsfixwm BIDDER INFORMAM- IL Dftk ConsVuellon Co. 1601 Oxford Blvd Round Rack TX78664 hewAb. UNrprim U.k Bid AsaOvcnion Unit Extended Prirr AmomO II.1 Mobil.unn. Bndsand Inswaac LS MaDiliumion liouds and I... 1 S 13.0110.00 11-2 LS LS Rmidc Comml %m fa VckkD]v and Pedcstrion Traffic, 7 72.00 H-.1 D% LS Daricadu and Traffic Coluol Am Ins lino 1.000.00 J P60 IS V'dwT Pro' Sift Berm she Stan ofCownxiims on Use L 0011.00 H -S 1,000,00 LS Items Re sled UR Owmr m Sbown on Ne Cnmmlioa %aro 1 3.600-00 H-6 J 000.00 LF Reswve and Dis u of Exivin Cued and Ginter 9.00 45.000.00 11-7 Reeve and Di of Eaimi Cwb and Gullu LF Funis, & Insull Standard Curb & Gums IJ. .00 H-8 LF SY wrnl & Insull 2' 'D' IIMAC Ovula w/Pnroleum 5 Sealer. As ll Crack FOIa 56.743.00 H-9TN 00 SY vmiA & lostall T 'D' HMAC Legel U 100. 6.000.00 H-10 SY urlub& Install BermWa a Sl A sires Ei 1120000 H -1I 5.000 SY C,.m %Win = in Acmrd®ce with '1'xDOT Item 275 d 1997 TX Smdard 5 s l.70 28.300.00 lm r 'D' HMAC IAvel U 100.00 3.000.00 emovc and Replam Ex isda, WiW1;rc-W$ gmd I ramler waga 95a on 39900.00 TOTAL BID AMOUNT PART H - PARATYAYSTRFET ruin, H-1.11-10) 1 S D 693.00 PART L RANCH ROAD TOTAL BID AMOUNT PART I - RANCH ROAD (hems 1-1 .1-15) J1D ALTERNATE A - FOREST STREET I S 239.373.001 honW. Fsfixwm Unit IA'd DmuDuniion UNrprim ExHMediNmrm% AA- 100% L5 Mobil.unn. Bndsand Inswaac 1 5 11,000.00 AA -2 os LS Quide Control Plan for VebkWw and Peaesuian Traffic 7 750.00 AB -3 D% LS iewlea and Traffic Comral %an I .malmn ODDAO 1.000.00 AA4 I % IA idw T i Pm' 1 Sim &rm dunSun of Coavoesioo w tae 'ea ow co 1,000,00 A - pftmEmi mwmed IS tents ted Ne Owen, m Spown nn IM CantngTim Pbw J 000.00 7 OO A- 400 LF Reeve and Di of Eaimi Cwb and Gullu 9.OD 4660000 AA -7 400LF LF Fw.M Ac lm W1 Standud Curb&Gulm Il 70200.00 AA -8 00 SY Millin Eautio As aSluwnOn%ant 25 1.950.00. 300 AAI 3 SY Fmmsb & I.Wl 2' 'D- IIMAC Oserk wfPeuokw Sulu. A I Qct Filer Filer 5. 48 333.00 AA -10 50 TNunish lm r 'D' HMAC IAvel U 100.00 3.000.00 411 3,000 SY Fwnish & l: l Bermuda a SI A is SnWin 4 12 000.00 612 4,2(10 SY Cement Subilizalt u Aaortl>se wslh Y.WT I m 275 OF 1997 TX Sundud s 70 23,W.00 413 83 SY Remove and Re lac Drivc s 1 35. 4.675.00 414 65 SY 1 5 3300.00 30 SY umo & l.wl & ,mL Type 'tl MAC asDsrecled by acu I I 2.20S.00 TOTAL BID AMOUNT PART I - RANCH ROAD (hems 1-1 .1-15) J1D ALTERNATE A - FOREST STREET I S 239.373.001 honW. Fsfixwm Unir Bid DarnDneviinn Unitl'i'ce EnendedAsewm AA- 100% LS M01311"mn, Bonds ad Iaunrce 7'00.00 AA -2 100% LS Provide Comrol Pun for Vchicidav and Pedessrim Traffic 7 730.00 AB -3 100% IS Burka&s and Trdfu Cmavl %m I C"n Nind 1000.00 AA4 I % LS Ydeu Taping, Pt ' Sue &fou the Sun of ComlrlRl on We 1 ow co I ODDOO A - R4650 IS Items Re steel du 0., m Showy on Ibe Cordew ioo Plan, 00 1,701100 A- 2.800 LF Re. god Dis a ------ wb and Guuer 9.OD 27.900.00 AA -7 2.800 LF Fur" & Install Slaeda) Csnb & Guna 1 40-100.00 AA -8 140 SY MillingExist Asphalt o Shown oe%aro 1.25 1062.50 AAI 3 SY Fumisb & Install 2' T 'D' HMAC Overt w/Pewkunt Sulu. A I Crack Filer 5. 18 720.00 AA -10 TN FwnM & Ia WI 'D' IIMAC level U 100.00 2'DODO x.710 SY Fwnup &Immo &rmida a So A sine Saddi 4 7.000.00 A -I 1.62 SY csrcm StabilizuioR in AcwAwxe witb Y.bGT Item 275 01194.1 TX Smndard 5.70 SOS.00 1 170 SY Remove and Re ac, DTivewa s 5. 9 3.2.00 EA111' 104 65 SY t Vd Glmus u S7oswn m %am 00 3.375.00 30 SY I rob Iwm u Lown on inn 1,62.00 TOTAL. BID AMOUNT ADD ALTERNATE A- FOREST STREET (ftna, MJ - AA -15) nn S 161 795.00 Iswn-- Ab.urvm Fsfixwm unit Bid DataDnMion URkI1dee Ea4rdedAemlm A& 1 100% LS Mnninw lion, Binds and Ina. 7'00.00 AB -2 100% LS ide Comral Plan for Veh¢ul., and P.&,vinan Tufrw 750.00 750.00 AB -3 100% IS Ranricadcs and T,.fr.. Comral %w lm cmc, ion 1000.00 AB -4 I % Vdea T 1 %0 eel SIR &fore Lbe Slat of C0vnimlinn on The ow co AB -3 100% IS IRon Rc Run the Ow T m Sbosvn W t& COWL bon Plaro 00 1,200.00 A&6 2.800 LF Remove and Du of Exuliv Cub and Guuer 23 200.00 AO -7 2.800 LF Furnish & ImmU Slaodud Curb & Gunter 11.00 00 AB -8 140 sY MillF.ximi As Ia Spown on Plain 19 433.00 AB -9 3 SY Fumisb & Install 2' T 'D' HMAC Overt w/Pewkunt Sulu. A I Crack Filer 5. 18 720.00 F.T. & Imull -D' HMAC Levcl U 100.00 2 000.00 1,600 SY Furnish & IntWl &rends or S Au Lia Sndd 4 400.00 3300 SY m Slabilimbv iv A.M. wiLh TxDOT 1" 275 of 1991 TX Slasafa+d 18.240.00 170 SY Remove and ace Di 5. 9.1 .00 EA111' 104 QS SY Coroum V GwuD u Sbown oo PWn 00 7.373.00 30 SY om ml Cub Returns as Shown en lim 1,62.00 40 LF Remove Fin18' CMP & teawind I8' RCP. find TaurcmI4 800.00 nsul bsrcp T B A a Imc1 2080.00 TOTAL RID AMOUNT ADD ALTERNATE B - A 2006304 40 0 L J BID TABULATION CITY OF GEORGETOWN, TEXAS 2005 STREET OVERLAYS ADD ALTERNATE C - RIVER BEND RiDDER TI N 11. Deck Comlrunlon Co. 1601 Oxford Dtvd Round Rock TX 76661 I'mAb. Enixoredin Unit Bid DaraDmcriIon UnitPrice Eslmded A."m AC -I IOD% IS Mobiliatim. Bonds and Imurarce S 10.000.00 5 10000.00 AC -2 100% IS No,W Comm Phv (or VemcWm and PMcsitim TufOc 750.00 750.00 AC -3 IOD% IS Bankades and Traffic Comml Plea I "k. 1.000.00 1.000.00 1 1S Video Tapiq Prot Site Belme Ote Sun of Coowwlion on 4 I 100D.00 AC -5 IOD% IS hems Re steel bl, 0m Owrcr not Shown on the Cman-wtion Plam T 000. 3.000.00 EA 3,8W LF Remove and Dispm of Eaisaidg Cad, all Gmmr 9.00 200.00- 7 EA 3.800 IF Furnish & IntWl Slat fd Cub & G" 7068 00AC-8 EALi 8,100 SY Fmeislt & Imull 2'T 'D' HMAC Dusan w/Petroleum ' Sder. As lt Crxk FAta 5.85.00SD Y W u r or t o untrc TN Fwoih & ImWI T 'D' HMAC level U TO 0.00C-10 2.150 SY Fnrvuh & Imlall &rnttda orSI Ao itteSodd' L34 00Aaordi= wtl TaDOT Nem 275 of 1993TX SladaWS s 00asaIain0.00 AL BID AM UNTADD ALTERNATE C - RIVER BEND DAIM (fmm, A - A(7-/2) AILD ALTFRNATH D - COfl.RC.R llqU. fmnuaM ml • Umt B L)wa Oexd lax UnuPriv ECrbNfdAntonin AD -1 100% LS Mobdimi., Bolls and lmua. 5 3SMS 300.00 TD 2 100% IS Pro•ide Control %ao fm Vehkulu cell Ibdesuian TraRa 7".00 750.00 AEJ 100% IS Barricades all Traffic Control Rax Impicsoontiticto 1,000.00 1.000.00 AD - 1 % IS luno RC ted 0e Owmlm Sbowa aw R¢ Comlrt 1jm Plain 7 1 AD,5 765 LF Imull 6-iack Wmxwater Lim ivchdir4l Smiees to th Prmmns' Lim and Pumping Eakait% WasSe— "..i. rmme<dvm a vmde 61,00 47,863.OD AQ -6 2 EA Renton and Rcpl= &fool DWw= Mmhole 3,730.00 T 500.00 Q7 1 EA Fmish & l uB &fain Diameter Mast k 3,DDD.00 i .000.09 7068 5 EALitfYisliWasmwuc,ra w Int uventeus 00 6500. Y W u r or t o untrc 4 y Icon, AD I - 7069) LL ]3.435.00 1 ADDALTERNATEE- InceNo. Enlmatedaui LWI Bid DinaDe1cnb UNIPria EumdedAmamR AE -1 IOD% LS Mobill=i... Goals and lasumme 7 S 5.750.00 AE -2 100% IS Rovide Control Plao W VebkWar all Pedestrian Ttaffic 7 750.00 AEJ I00A IS Barricades aM Traffic Cot" Ran uion I .00D.00 1,01110D AC 4 1 IS llems Re SIM the Owmr not Showa as she Cousiwion Ram 1 AES 1.350 LF Imull 6 -inch Waslewaxr Lim utcbtdiog Services to OR ProPenY Lim all Puespiog Eeim'm8 Wa wwr flow Weil Conmttimu art made 61.00 82.350.00 AE - 3 F.6 Remove all Replace 4 fva Diameur MaoWc 3,750.00 11 250.00 AE 7 3 EA Fmeish &Insall 4. fall Diasrcxr MaWtole 000. 9.000.00 A 5 EA IRlsi WaaxWatcr Lists b i otemems 300,00 6,W umr m rnt or Augmurc 4 y TO BID AMDUNTA I) M.TERA'ATE £ - FOREST STREBT WASTE ATE (111x1 At I -AE-9) 120 W 200610411 Poon 4 of 5 BID TABULATION CITY OF GEORGETOWN, TEXAS 2005 STREET OVERLAYS BID SUMMARY TOTAL BASE BID (PARTA + PART B + PART C + PART D + PARTE + PART F + Ya RT' G + PART 9 + PART I) e I N. Deck Comlaudlm Ca. 1601 Od'ord MTJ Round Reek 7X 75661 S 83IU7.50 80.5m.01) S 121915.00 S 61 495.00 129 725.00 S 163,70D.00 271219 773.00 f 1.257,652.50 ALTERNATE A - FOREST STREET t, AA-! -AA-15 - f 161 795.00 ALTERNATE R -MORROW STREET Rear AR -1 -AB-! S 139520.00 16WAUERMATE C -RIVER BEND DRIVE 1, AC -1 - AG14 212 555.00 11MALTERMTED STREET WASTEWATER Mat AD -1 -AD- s 73135.00 DD ALTERNATE E - FOREST STREETWASTEWAMR Rtwt AE-! - AE- S 120 000.00 TOTAL ADD ALTBRNATBS (ADD ALTERNATEA + ADD ALTE.CYATE B + ADD ALTERNATE C + ADD ALTRRNATR O + ADD ALTERNATE B)) s 707.305.00 1 hrreby ceniy U Wis is a correct Ind true tabulation of all bids received. Kosberg, PUxk* B Asteclates. ILP Itdiealea a discrepancy in unit price and extended amount. 2tMll" Pops 6 496 0 0 If so, please explain. Does this project have future revenue impact? Year: If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: If so, what division(s)? Some of the projects in next years CIP budget will need to be slid to the next year as the next budget allows. Yes • No Department: Yes • No Prepared by: Mark Miller Date: 07/19/2005 Aqenda Item Checklist: Approved on 07/20/2005 pprovers ills JAssigned iNotified IReceived tatus Changed IStatus Jim Briggs Assistant City 07/19/2005 07/19/2005 07/20/2005 07/20/2005 Approved Jose Lara Manager 07/20/2005 07/20/2005 07/20/2005 07/20/2005 Approved Utility Financial Analyst Approval Cycle Settings J Council Meeting Date: July 26, 2005 AGENDA ITEM COVER SHEET Item No. Nh SUBJECT: Consideration and possible action concerning a Development Agreement for acquisition of a Right - of -Way Easement from Westinghouse Road Ventures (William & Rebecca Booth) and Bill and P.D. Chapman for the realignment of CR 265W to avoid the removal of large oak trees within the existing right-of-way. ITEM SUMMARY: As part of Texas Department of Transportation's ("TxDOT') current SH 29 widening project, improvements are also being made to CR 265W. TxDOT's initial design would have necessitated the removal of some large oak trees located within the right-of-way. On April 26, 2005, Council voted to change the original design to save as many of the oak trees as possible. The redesign requires approximately 2,352 square feet of additional right-of-way on the east side of CR 265W from the adjacent landowner, Westinghouse Road Ventures (William & Rebecca Booth) and Bill and P.D. Chapman ("Landowner"). Having considered Council's priority for saving large oak trees whenever possible, the Landowner is willing to convey a Right -of -Way Easement to the City in exchange for certain non-cash considerations set out in the attached proposed Development Agreement. Staff has represented to the Landowner that the proposed agreement is subject to Council's review and acceptance/denial. If Council agrees to the terms requested by the Landowner, the attached Development Agreement will set out the terms for acquiring the Right -of -Way Easement and avoiding removal of the trees from the CR 265W right-of-way. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. GUS/GTEC BOARD RECOMMENDATION: N/A STAFF RECOMMENDATION: Recommend approval. ATTACHMENTS: 1. Proposed Development Agreement 2. Proposed Easement By: Terri Glasby Calhoun/ Jim Paralegal AM DEVELOPMENT AGREEMENT STATE OF TEXAS § WITH WILLIAM M. BOOTH AND REBECCA B. BOOTH DBA COUNTY OF WILLIAIVISON § WESTINGHOUSE ROAD VENTURES CITY OF GEORGETOWN § AND WITH BILL AND P.D. CHAPMAN Bementis entered into this day of This Development Agreement ("Agreement") ) 2005, by and between the City of Georgetown, a Texas home - rule municipal corporation ("City"), and William M. Booth and Rebecca B. Booth dba Westinghouse Road Ventures, a Texas sole proprietorship, and Bill and P.D. Chapman collectively referred to herein as "Landowners"). WHEREAS, Landowners are the owners of a ±2,352 -square -foot tract of land shown on Exhibit attached hereto as the Proposed R.O.W. Easement (the Easement") out a of a 2.54 acre tract in the Joseph P. Pulsifer Survey, A-498 and theClementStubblefieldSurvey, A-558 and shown as Tract One on the attached Exhibit B "; (said 2.54 acre tract being hereinafter referred to as the "Property"); and WHEREAS, the Texas Department of Transportation ("TxDOT") will be making certain roadway improvements to CR 265W as part its current SH 29 West widening 40 project; and WHEREAS, it is a priority of the City to make every effort to save any significant oak trees located within a road project area whenever possible; and WHEREAS, on April 26, 2005, the City Council voted to change TxDOT's original design for the realignment of CR 265W to facilitate saving some large oak trees located within the new CR 265W right-of-way; and WHEREAS, the redesign requires approximately 2,352 square feet of additional right-of-way on the east side of CR 265W where it abuts Landowners property; and WHEREAS, Landowners have agreed to convey an easement to the City at no monetary cost in exchange for the City's agreement to allow development of the Property in accordance with the terms of this Agreement. NOW, THEREFORE, for and in consideration of the promises and mutual agreements set for therein, the City and Landowners hereby agree as follows: Development Agreement with Booth & Chapman Page I of 6 with the U.S. Postal Service, postage prepaid, certified with return receipt 40 requested, and addressed as follows: if to Landowners: c/o Chapman Investments P.O. Box 1333 Georgetown, Texas 78627 if to Ci1y: City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of the change is provided to the other party in accordance with the provisions of this Agreement. tod. Personal jurisdiction and venue for any civil action commenced by any party to this Agreement, whether arising out of or relating to the Agreement, will be deemed to be proper only if such action is commenced in District Court for Williamson County, Texas. 40 e. This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications or amendments concerning this Agreement shall be of no force or effect excepting a subsequent written modification executed by both parties. f. The parties agree that this Agreement shall be recorded in the Real Property Records of Williamson County, Texas. Development Agreement with Booth & Chapman Page 3 of 6 0 County Connel I Cemetery } toroOt i 40 Tract U 0.892 Ac. ty of Georgetown 2004059727 do Male: The AvIlOwiia1a asrr e.rs have 1,,.v e/Oua e q4 O UMe .9/S FA9G ; U a/41n e 3G7, OlXUMC 2-Wkq I/pI/.YMG Wi//2H.SOII 'AU I %GXCS, J 1v' 071 Rood 9 a1 J No. LY. r J p1 s r1 265 Old Georgetown to Liberty Hi Y.•L • Iosr F2n ivi •Js'N ) ld ... 7.fiLJSJLK4MVJ I/l V \ TI);p.r J.l• M. Y ` tt dt CO c 4' F pp Coo°co a0 O ly OQ N C o 3 y 14 vY 0 ks t t" rif lsoiOQl Y eU i is8l is 0 l State yo 00 N. Y6 I Y e i'ir eL Oewr f,7 I se•J`D'j.•. ,,,i JHighwaylro.r' 3 s.a1• .. Tract I 0.415 Ac City of Georgetown 0 i El EXHIBIT FORM OF] RIGHT-OF-WAY EASEAU NT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WH.LIAMSON This Agreement (this "Agreement") is made on the _ day of 2005, at Georgetown, Texas, between William M. Booth dba Westinghouse Road Ventures, a Texas sole proprietorship, whose address is 3304 Brangus, Georgetown, Texas, 78628 and Bill J. Chapman and wife, P.D. Chapman, whose address is P.O. Box 1333, Georgetown, Texas, 78627 (hereinafter collectively referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Atm: Georgetown City Secretary (herein referred to as "Grantee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor hereby GRANTS, DONATES and CONVEYS to Grantee, its successors and assigns, an exclusive right-of-way easement (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of a public roadway and related facilities including, but not limited to, drainage facilities collectively, the "Facilities") on, over, under, and across the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit "A" and by diagram in Exhibit "B" attached hereto and made a part hereof for all purposes (herein sometimes referred to as the Easement Area" or the "Property"). 2. That portion of the Easement lying east of the curbline depicted upon Exhibit "B" shall be used by Grantee for no other purpose than accessing the remainder of the Easement and for signage. That portion of the Easement lying west of and including the curbline shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities. 3. The duration of the Easement is perpetual. 4. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 5. As to the portion of the Easement lying west of the curbline depicted in Exhibit B" the Easement and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the such area (or any portion of the such area) covered by this grant. As to the portion of the Easement lying east of said curbline, this Easement is non-exclusive. 6. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this A Bement shall be of no force and effect. Any subsequent amendment orgr modification must be in writing and agreed to by all parties. 7. Grantor also retains, reserves, and shall continue to enjoy the surface of the Property for any and all purposes which do not unreasonably interfere with W RIGHT -0F -WAY EASEMENT Page 1 of 3 40 APPROVED AS TO FORM: Patricia E. Carts Brown & Cards, L.L.P. City Attorney RICHT-0F-WAY EASEMENT Page 2 of 3 prevent the use by Grantee of the Property or the Facilities for their intended purposes, including the right to build and use the surface of the Property for drainage ditches and private driveways, sidewalks, landscaping, surface parking 40 areas and other like uses; provided, however, that 8. 8. Grantor shall not erect or construct on the Property any building or other structure including, but not limited to a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the Property, or diminish or substantially add to the ground cover over the Facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other improvement, the use of which is inconsistent with the rights conveyed to Grantee by this Agreement; provided, however, that Grantee shall restore the Property, as reasonably as possible, to its condition immediately prior to any excavation of the Property for purposes of Grantee's maintenance or repair of the Facilities. 9. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 2005. WB.LIAM M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship By: William M. Booth, Sole Proprietor 40 Rebecca B. Booth Bill J. Chapman P.D. Chapman 40 APPROVED AS TO FORM: Patricia E. Carts Brown & Cards, L.L.P. City Attorney RICHT-0F-WAY EASEMENT Page 2 of 3 purposes, including the right to build and use the surface of the Property for drainage ditches and private driveways, sidewalks, landscaping, surface parking toareas and other like uses; provided, however, that 8. 8. Grantor shall not erect or construct on the Property any building or other structure including, but not limited to a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the Property, or diminish or substantially add to the ground cover over the Facilities. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other improvement, the use of which is inconsistent with the rights conveyed to Grantee by this Agreement; provided, however, that Grantee shall restore the Property, as reasonably as possible, to its condition immediately prior to any excavation of the Property for purposes of Grantee's maintenance or repair of the Facilities. 9. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of 2005. WILLIAM M. BOOTH dba WESTINGHOUSE ROAD VENTURES, a Texas sole proprietorship William M. Booth, Sole Proprietor 0 Rebecca B. Booth 40 J. Chapman P.D. Chapman APPROVED AS TO FORM: Patricia E. Carts Brown & Carls, L.L.P. City Attorney RIG6T-0F-WAY EASEMM4T Page 2 of 3 STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of 2005, by William K Booth, Sole Proprietor of Westinghouse Road Ventures, a Texas sole proprietorship. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WILLIAMSON ¢ This instrument was acknowledged before me on this the _ day of 2005, by Rebecca B. Booth. Notary Public, State of Texas SPATE OF TEXAS § COUNTY OF WILLIAMSON § 40 This instrument was acknowledged before me on this the _ day of 2005, by Bill J. Chapman. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WILLIAMSON ¢ This instrument was acknowledged before me on this the _ d:j ,,i 2005, by P.D. Chapman. Notary Public, State of Texas AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown City Secretary Go P.O. Box 409 Georgetown, Texas 78627 RIGHT-OF-WAY EASEMENT Page 3 of 3 i f 1 d61lIC R0.w. 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