R-07-11-20-11E1 - 11/20/2007 RESOLUTION NO. R-07-11-20-11131
WHEREAS, Chapter 791 of the Texas Government Code, V.T. C.A. ,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with the City of Cedar Park and the City of
Leander regarding acquisition of real property for a Regional Water
Treatment Plant Site, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Interlocal Agreement with the City of Cedar Park
and the City of Leander, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 20th day of November ?0
N WEL Mayor
ATTEST: L
City of Round Rock, Texas
` n
. I, 1(,
SARA L. WHITE, City Secretary
0:\wdox\RESOLUTI\R71120E1.WPD/rmc/0199-4622
INTERLOCAL AGREEMENT REGARDING ACQUISITION OF REAL PROPERTY
FOR A REGIONAL WATER TREATMENT PLANT SITE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT REGARDING ACQUISITION OF REAL
PROPERTY FOR A REGIONAL WATER TREATMENT PLANT SITE ("Agreement")
is entered into between the City of Round Rock, Texas, a Texas home-rule city ("Round
Rock"); the City of Cedar Park, Texas, a Texas home-rule city ("Cedar Park"), and the City of
Leander, Texas, a Texas home-rule city ("Leander"). In this Agreement, Round Rock, Cedar
Park and Leander are sometimes individually referred to as " Party" and collectively referred to
as "Parties".
Recitals
WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander
necessitates the development of additional water treatment capacity for each of these
communities;
WHEREAS, the Parties have agreed to jointly pursue a regional water supply system
that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of
potable water supply to meet future water demands of the Parties based on projected population
growth;
WHEREAS, the Parties desire to proceed with the acquisition of certain tracts of land on
which to construct a regional water treatment plant; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions
pursuant to which the Parties authorize Cedar Park to acquire such tracts and pursuant to which
the Parties will participate in all costs and expenses related thereto.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this Interlocal Agreement Regarding Acquisition of Real Property
for a Regional Water Treatment Plant Site.
1.02 "BCRUA"means the Brushy Creek Regional Utility Authority.
EXHIBIT
Page 1 of 12
.o
"All
1.03 "Cedar Park"means the City of Cedar Park, Texas.
1.04 "City Managers Committee" means the committee consisting of the City Managers for
Cedar Park, Leander, and Round Rock.
1.05 "Cost Allocation Percentage" means the percentage of Real Estate Acquisition Costs to
be paid by each Party. The Cost Allocation Percentage for each Party is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER and the Project Schedule.
1.07 "Effective Date" means the last date of execution of this Agreement by the Parties;
provided all of the Parties must execute this Agreement for it to be effective.
1.08 "Leander"means the City of Leander, Texas.
1.09 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
1.10 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared
by HDR Engineering, Inc. and dated November 2006.
1.11 "Project Schedule" means the schedule for the completion of the Regional Project as set
forth in the PER.
1.12 "Real Estate Acquisition Contract(s)" means any contract(s) for the acquisition of one or
more tracts of real property to be unanimously selected and approved by the Parties.
1.13 "Real Estate Acquisition Costs" means all costs and expenses incurred by the Parties
pursuant to the Real Estate Acquisition Contracts. Each Party shall bear its share of the Real
Estate Acquisition Costs in accordance with the Cost Allocation Percentage set forth herein.
1.14 "Regional Project" means the regional water supply system, which will ultimately
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of the Parties, based on projected population growth, as more fully described in the
PER.
1.15 "Round Rock"means the City of Round Rock, Texas.
Page 2 of 12
II.
REAL ESTATE ACQUISITION CONTRACTS
2.01 Real Estate Acquisition.
(a) In accordance with the PER, the Parties expect to acquire those tracts of real
property identified on Exhibit A hereto on which to construct a regional water treatment plant.
The anticipated purchase price for each tract is set forth on Exhibit B hereto. The anticipated
closing costs for each tract is set forth on Exhibit C hereto.
(b) Leander and Round Rock agree and hereby authorize Cedar Park to enter into one
or more Real Estate Acquisition Contracts for the tracts identified on Exhibit A hereto at the
purchase price for each such tract set forth on Exhibit B hereto. Leander and Round Rock agree
that Cedar Park shall acquire each tract in fee simple and in its name on the condition that Cedar
Park shall acquire each such tract for the benefit of the Parties in the proportionate shares set
forth in the PER and for use as planned in the Regional Project. Leander and Round Rock agree
that Cedar Park shall have sole responsibility and authority to oversee and administer the closing
of each Real Estate Acquisition Contract for each tract on the condition that Cedar Park shall
acquire each such tract for the benefit of the Parties in the proportionate shares set forth in the
PER and for use as planned in the Regional Project. However, Cedar Park shall not enter into,
modify, or amend a Real Estate Acquisition Contract to provide for a purchase price in excess of
anticipated purchase price for each tract as set forth on Exhibit B hereto.
(c) The Parties anticipate that Cedar Park will close on the Real Estate Acquisition
Contracts on or before January 11, 2008. However, the Parties acknowledge that closing(s) for
the Real Estate Acquisition Contract(s) may occur later than January 11, 2008.
III.
PAYMENT OF REAL ESTATE ACQUISITION COSTS.
3.01 Payment of Real Estate Acquisition Costs.
(a) All Real Estate Acquisition Costs, including, but not limited to, the anticipated
purchase price for each tract set forth on Exhibit B hereto and the anticipated closing costs for
each tract set forth on Exhibit C hereto, shall be shared by the Parties according to the Cost
Allocation Percentages.
(b) Each Party shall pay its share of the Real Estate Acquisition Costs at or before the
closing for each tract to be acquired hereunder. Leander and Round Rock shall promptly pay
their respective shares to Cedar Park or to a title company as directed by Cedar Park. In any
event, Leander and Round Rock shall prepare to deliver their respective shares of the Real Estate
Acquisition Costs as directed by Cedar Park by 5:00 P.M. on January 4, 2008.
(c) After closing, the Parties shall unanimously determine whether Cedar Park shall
deliver to each Party its undivided interest in each tract in accordance with the PER or whether
Cedar Park shall convey title to each tract to BCRUA.
Page 3 of 12
(d) In the event of any dispute among the Parties, the Parties agree that the City
Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as
possible so as not to jeopardize the acquisition of any tract or the completion of the Regional
Project in accordance with the Project Schedule. If the City Managers Committee is unable to
resolve a dispute after reasonable and good faith efforts, then the dispute shall be referred to the
Parties' respective City Councils, who shall promptly, diligently, and in good faith attempt to
resolve the dispute as quickly as possible in order to minimize any disruption to the acquisition
schedule or the completion of the Regional Project in accordance with the Project Schedule. The
Parties agree that time is of the essence in this matter.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement shall not be affected and this Agreement shall be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement shall be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the acquisition of
real property for a regional water treatment plant site and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the Regional Project are
contemplated and shall not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
4.08 Notices. Any notices given under this Agreement shall be effective if(i) forwarded to a
Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:
CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Page 4 of 12
Telephone: (512) 401-5020
Facsimile: (512) 401-5021
Email: roberts(&ci.cedar-park.tx.us
with copy to: Leonard B. Smith
P.O. Box 684633
Austin, Texas 78768
Telephone: (512) 474-6707
Facsimile: (512) 474-6706
Email: lsmith ,leonardsmithlaw com
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: 'nl use(around-rock.tx.us
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets ,sheets-crossfield com
Leander: P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512) 259-1178
Facsimile: (512) 259-1605
Email: w.watts@ci.leander.tx.us
with copy to: Diana Granger
223 W. Anderson Lane, Suite A-105
Austin, Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: attornevs(&cityattorneytexas com
4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein
by reference:
Page 5 of 12
Exhibit A - Description of Tracts for Acquisition
Exhibit B - Anticipated Costs of Acquisition
Exhibit C - Anticipated Closing Costs
4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
4.12 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Page 6 of 12
CITY OF ROUND ROCK:
ATTEST:
By:
Christine Martinez, City Secretary Nyle Maxwell, Mayor
Date:
Page 7 of 12
CITY OF CEDAR PARK:
ATTEST:
By:
LeAnn Quinn, City Secretary Bob Lemon, Mayor
Date:
Page 8 of 12
CITY OF LEANDER.-
ATTEST:
By:
Debbie Haile, City Secretary John Cowman, Mayor
Date:
Page 9of12
Exhibit A
Description of Tracts for Acquisition
21.022 acres in the Jose Sanchez Survey No. 51, Abstract No. 693 in the Real Property Records
of Travis County, Texas. Owner: Sally Strawn Rudd. Parcel ID Nos. R025391 and 513820 (the
"Rudd Tract No. 1").
2.32 acres in the Jose Sanchez Survey No. 51, Abstract No. 693 in the Real Property Records of
Travis County, Texas. Owner: John Spencer Rudd, IV. Parcel ID Nos. R025392 and 513819
(the"Rudd Tract No. 2").
14.577 acres in the Jose Sanchez Survey No. 51, Abstract No. 693 in the Real Property Records
of Travis County, Texas. Owner: Hur Enterprises, Inc. Parcel ID Nos. R025383 and 513821
(the"Hur Tract No. 1").
1.3241 acres consisting of Lot 11, Block A, Hur Industrial Park II, Section 1, Travis County,
Texas. Owner: Hur Enterprises, Inc. Parcel ID Nos. R394903 and 487024 (the "Hur Tract No.
2"
Page 10 of 12
Exhibit B
Anticipated Cost of Acquisition
Rudd Tract No. 1: $1,605,000.00
Rudd Tract No. 2: $2151000.00
Hur Tract No. 1: $1,3351000.00
Hur Tract No. 2: $150,000.00
Page 11 of 12
Exhibit C
Anticipated Closing Costs
Rudd Tract No. 1: $81805.00
Rudd Tract No. 2: $11957.00
Hur Tract No. 1: $6,650.00
Hur Tract No. 2: $1,610.00
Page 12 of 12
DATE: November 14, 2007
SUBJECT: City Council Meeting - November 20, 2007
ITEM: 11E1. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with the City of Cedar Park and the City of Leander regarding
the Acquisition of Real Property for a Regional Water Treatment Plant Site.
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, P.E., Director of Utilities
Justification:
The purpose of this Interlocal Agreement is to establish the cost allocations for each City regarding
the acquisition of the Regional Water Treatment Plant Site (RWTPS). The RWTPS will consist of four
tracts of land that total 39.24 acres. The total cost of the 39.24 acres is $3,324,022.00, with Round
Rock's cost allocation being $1,281,742.88.
Funding:
Cost: $1,281,742.88 (Round Rock's Portion)
Source of funds: Capital Project Funds (Self-Financed Utility)
Outside Resources: City of Cedar Park
City of Leander
Background Information:
The Cities of Round Rock, Cedar Park, and Leander have agreed to jointly pursue a Regional (Lake
Travis) Water System that will ultimately provide an additional 105.8 million gallons per day of
potable water to meet the future water demands of the three Cities. This Interlocal Agreement
between the Cities is for Acquisition of the Regional Water Treatment Plant Site and denotes the
percentage cost to each City based on each City's ultimate capacity in the Regional (Lake Travis)
Water System. These percentages are Round Rock (38.56%); Cedar Park (14.18%); and Leander
(47.26%).
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT REGARDING ACQUISITION OF REAL PROPERTY
FOR A REGIONAL WATER TREATMENT PLANT SITE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT REGARDING ACQUISITION OF REAL
PROPERTY FOR A REGIONAL WATER TREATMENT PLANT SITE ("Agreement")
is entered into between the City of Round Rock, Texas, a Texas home-rule city ("Round
Rock"); the City of Cedar Park, Texas, a Texas home-rule city ("Cedar Park"), and the City of
Leander, Texas, a Texas home-rule city ("Leander"). In this Agreement, Round Rock, Cedar
Park and Leander are sometimes individually referred to as " Party" and collectively referred to
as "Parties".
Recitals
WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander
necessitates the development of additional water treatment capacity for each of these
communities;
WHEREAS, the Parties have agreed to jointly pursue a regional water supply system
that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of
potable water supply to meet future water demands of the Parties based on projected population
growth;
WHEREAS, the Parties desire to proceed with the acquisition of certain tracts of land on
which to construct a regional water treatment plant; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions
pursuant to which the Parties authorize Cedar Park to acquire such tracts and pursuant to which
the Parties will participate in all costs and expenses related thereto.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this Interlocal Agreement Regarding Acquisition of Real Property
for a Regional Water Treatment Plant Site.
1.02 "BCRUA"means the Brushy Creek Regional Utility Authority.
11: b1- It- 2 0 «Ff
Page 1 of 12
1.03 "Cedar Park"means the City of Cedar Park, Texas.
1.04 "City Managers Committee" means the committee consisting of the City Managers for
Cedar Park, Leander, and Round Rock.
1.05 "Cost Allocation Percentage" means the percentage of Real Estate Acquisition Costs to
be paid by each Party. The Cost Allocation Percentage for each Party is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER and the Project Schedule.
1.07 "Effective Date" means the last date of execution of this Agreement by the Parties;
provided all of the Parties must execute this Agreement for it to be effective.
1.08 "Leander"means the City of Leander, Texas.
1.09 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
1.10 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared
by HDR Engineering, Inc. and dated November 2006.
1.11 "Project Schedule" means the schedule for the completion of the Regional Project as set
forth in the PER.
1.12 "Real Estate Acquisition Contract(s)" means any contract(s) for the acquisition of one or
more tracts of real property to be unanimously selected and approved by the Parties.
1.13 "Real Estate Acquisition Costs" means all costs and expenses incurred by the Parties
pursuant to the Real Estate Acquisition Contracts. Each Party shall bear its share of the Real
Estate Acquisition Costs in accordance with the Cost Allocation Percentage set forth herein.
1.14 "Regional Project" means the regional water supply system, which will ultimately
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of the Parties, based on projected population growth, as more fully described in the
PER.
1.15 "Round Rock"means the City of Round Rock, Texas.
Page 2 of 12
II.
REAL ESTATE ACQUISITION CONTRACTS
2.01 Real Estate Acquisition.
(a) In accordance with the PER, the Parties expect to acquire those tracts of real
property identified on Exhibit A hereto on which to construct a regional water treatment plant.
The anticipated purchase price for each tract is set forth on Exhibit B hereto. The anticipated
closing costs for each tract is set forth on Exhibit C hereto.
(b) Leander and Round Rock agree and hereby authorize Cedar Park to enter into one
or more Real Estate Acquisition Contracts for the tracts identified on Exhibit A hereto at the
purchase price for each such tract set forth on Exhibit B hereto. Leander and Round Rock agree
that Cedar Park shall acquire each tract in fee simple and in its name on the condition that Cedar
Park shall acquire each such tract for the benefit of the Parties in the proportionate shares set
forth in the PER and for use as planned in the Regional Project. Leander and Round Rock agree
that Cedar Park shall have sole responsibility and authority to oversee and administer the closing
of each Real Estate Acquisition Contract for each tract on the condition that Cedar Park shall
acquire each such tract for the benefit of the Parties in the proportionate shares set forth in the
PER and for use as planned in the Regional Project. However, Cedar Park shall not enter into,
modify, or amend a Real Estate Acquisition Contract to provide for a purchase price in excess of
anticipated purchase price for each tract as set forth on Exhibit B hereto.
(c) The Parties anticipate that Cedar Park will close on the Real Estate Acquisition
Contracts on or before January 11, 2008. However, the Parties acknowledge that closing(s) for
the Real Estate Acquisition Contract(s)may occur later than January 11, 2008.
III.
PAYMENT OF REAL ESTATE ACQUISITION COSTS.
3.01 Payment of Real Estate Acquisition Costs.
(a) All Real Estate Acquisition Costs, including, but not limited to, the anticipated
purchase price for each tract set forth on Exhibit B hereto and the anticipated closing costs for
each tract set forth on Exhibit C hereto, shall be shared by the Parties according to the Cost
Allocation Percentages.
(b) Each Party shall pay its share of the Real Estate Acquisition Costs at or before the
closing for each tract to be acquired hereunder. Leander and Round Rock shall promptly pay
their respective shares to Cedar Park or to a title company as directed by Cedar Park. In any
event, Leander and Round Rock shall prepare to deliver their respective shares of the Real Estate
Acquisition Costs as directed by Cedar Park by 5:00 P.M. on January 4, 2008.
(c) After closing, the Parties shall unanimously determine whether Cedar Park shall
deliver to each Party its undivided interest in each tract in accordance with the PER or whether
Cedar Park shall convey title to each tract to BCRUA.
Page 3 of 12
(d) In the event of any dispute among the Parties, the Parties agree that the City
Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as
possible so as not to jeopardize the acquisition of any tract or the completion of the Regional
Project in accordance with the Project Schedule. If the City Managers Committee is unable to
resolve a dispute after reasonable and good faith efforts, then the dispute shall be referred to the
Parties' respective City Councils, who shall promptly, diligently, and in good faith attempt to
resolve the dispute as quickly as possible in order to minimize any disruption to the acquisition
schedule or the completion of the Regional Project in accordance with the Project Schedule. The
Parties agree that time is of the essence in this matter.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement shall not be affected and this Agreement shall be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement shall be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the acquisition of
real property for a regional water treatment plant site and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the Regional Project are
contemplated and shall not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
4.08 Notices. Any notices given under this Agreement shall be effective if(i) forwarded to a
Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:
CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Page 4 of 12
Telephone: (512) 401-5020
Facsimile: (512) 401-5021
Email: robertsgci.cedar-park.tx.us
with copy to: Leonard B. Smith
P.O. Box 684633
Austin, Texas 78768
Telephone: (512) 474-6707
Facsimile: (512) 474-6706
Email: lsmith&leonardsmithlaw.com
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email:jnuse&round-rock.tx.us
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets&sheets-crossfield.com
Leander: P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512) 259-1178
Facsimile: (512) 259-1605
Email: w.watts@ci.leander.tx.us
with copy to: Diana Granger
223 W. Anderson Lane, Suite A-105
Austin, Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: attorneysgcityattorneytexas.com
4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein
by reference:
Page 5 of 12
Exhibit A - Description of Tracts for Acquisition
Exhibit B - Anticipated Costs of Acquisition
Exhibit C - Anticipated Closing Costs
4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
4.12 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Page 6 of 12
CITY OF ROUND ROCK:
ATTEST:
C1
�- By:
- i
C , City Secretarya well, Mayor
�c L • v�l�i},-�-�
Date:
Page 7 of 12
CITY OF CEDAR PARK:
ATTEST:
By: 20-�l
LeAnn Quinn, City Secretary Bob Lemon, Mayor
Date: d f —/6-
Page 8 of 12
CITY OF L AND R:
ATTEST:
•
•
J S v:
Debbie Haile, City Secretary John Co pan, iulatior
Date: Q�
Exhibit A
Description of Tracts for Acquisition
21.022 acres in the Jose Sanchez Survey No. 51, Abstract No. 693 in the Real Property Records
of Travis County, Texas. Owner: Sally Strawn Rudd. Parcel ID Nos. R025391 and 513820 (the
"Rudd Tract No. I").
2.32 acres in the Jose Sanchez Survey No. 51, Abstract No. 693 in the Real Property Records of
Travis County, Texas. Owner: John Spencer Rudd, IV. Parcel ID Nos. R025392 and 513819
(the"Rudd Tract No. 2").
14.577 acres in the Jose Sanchez Survey No. 51, Abstract No. 693 in the Real Property Records
of Travis County, Texas. Owner: Hur Enterprises, Inc. Parcel ID Nos. R025383 and 513821
(the"Hur Tract No. 1").
1.3241 acres consisting of Lot 11, Block A, Hur Industrial Park II, Section 1, Travis County,
Texas. Owner: Hur Enterprises, Inc. Parcel ID Nos. R394903 and 487024 (the "Hur Tract No.
2"
Page 10 of 12
Exhibit B
Anticipated Cost of Acquisition
Rudd Tract No. 1: $1,605,000.00
Rudd Tract No. 2: $215,000.00
Hur Tract No. 1: $1,335,000.00
Hur Tract No. 2: $1501000.00
Page 11 of 12
Exhibit C
Anticipated Closing Costs
Rudd Tract No. 1: $8,805.00
Rudd Tract No. 2: $1,957.00
Hur Tract No. 1: $6,650.00
Hur Tract No. 2: $1,610.00
Page 12 of 12