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R-88-1173 - 10/13/1988RESOLUTION NO. 1173R WHEREAS, NN Investor's Life Insurance Co., wishes to purchase water and wastewater service from the City of Round Rock, and WHEREAS, the City Council is agreeable to selling water and wastewater service to NN Investor's Life Insurance Co., to serve Lot 2, in the Bratton Lane Business Park pursuant to the conditions and terms of the attached contracts, 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 a Water Service Contract and a Wastewater Service Contract with NN Investor's Life Insurance Co., a copy of said contracts being attached hereto and incorporated herein for all purposes. RESOLVED this /3-- day of October, 1988. ATTEST: jt J LAND, Ci C32RESNNINV Secretary y MIKE ROBINSON, Mayor City of Round Rock, Texas 3 STATE OF TEXAS COUNTY OF WILLIAMSON WATER SERVICE CONTRACT' • . • • This contract is made and entered into b of Round Rock, a home-ruleY and between the City and/`m �nicipal corporation, hereinafter referred to as "Purchaser") referred to as "City", and/VA/ For and L�su /iNCt re' ter premises and the in consideratione1offthe premises mutual agreements, covenants set forth, the parties hereto and conditions follows: contract and agree as Article I. Provision of Water Service 1.01. City agrees to sell Purchaser water re for domestic or commercial uses on an as -needed basis. by Purchaser 1.02.water service to Purchasers Theeopewayt described ervic in Eohibbet provided without the express written consent of City. 1.03. and no other property, is for property, 1.03. City's obligation to subject to City's capacity of City's water under this contract is Purchasertafter capacn Y facilities to uchasel nteds meeting hin City's municipal, provide water to p , dlimits, commercial, and any contractural obligations existing oastoflthe tdate nofaexer meetingn this contract, but in no event shall the City be obligated more than nine hundred sixt execution of consecutive thirty (30)day960 allons er da g d to provide more hundred ei ht period, or more than twovthousanded Veeiaht actualrfirefighting htght2n880 allons er da eak flow. contracted for herein will not be counted towards the ymaximum ugallons 1.04. Purchaser agrees to abide by conservation and use restrictions alld by City andomandatory own citizens. imposed by City on its own Article II. Rates 2.01. Purchaser Purch2s0r at the agrees to pay City for all water delivered to Puc of Oat theesrate authorized by Chapter 10, Section 4, A 5 of water to customers locatedamended doutside theas fromecorporate limito time, tsaofe to sale ss of City. 2.02. City shall render a monthly bill to Purchaser for water consumed. Payment shall be made no later than the tenth 10th following) the mailing of the bill. Failure by Purchaser( to makeaa payment when and as specified will give City the option to terminate uri all obligations of City under this contract. 2.03. Purchaser shall be subject to the penaltyprovisions late payment as now exist p visions for Ordinances, and as amended fromitimehtottimeer 10' Section 4.D., Code of Article III. Com liance with ordinances 3.01. Purchaser agrees to comply with as they now exist or amended from timetotimelregardinl of g,r thesanitary use of water. nary 3. maintain the Purchaser cagrees reesontof take all erasupplyesystemutions to City's water supply system. 3.03• Purchaser agrees to pay of TWO THOUSAND SIX HUNDRED NINETYWAND rNOervi100cDOLLARSn the amount and a LUE fee in the amount of THREE HUNDRED AND NO 100 ($300.00). 2 690.00 '-----r / DOLLARS C25WTR-CIT4 Article IV. Force Ma eure- 4.01. In the event either party is rendered unable, wholl or in part, by force Majeure to carry out any of its obligations Y this contract, then the obligations of thatg e under part, extent affected by the force majeure and to the extent that dto uediligenceis being used to resume' performance at the earliest practicable s shall be suspended during the continuance of the in time, cause, as far as possible, ability. The cause, enc a.- shall be remedied with all reasonable dillockouts or othererm "force industrialmajeure", cludes acts of God, strikes, orders of- the government of the United States or the State of Texas disturbances, acts of the public enemy, or any civil or military authority, insurrections, riots, epidemics landslides, lightning, earthquakes, fires, , floods, washouts, droughts, hurricanes, storms, people, civil disturbances, explosions restraints of government and equipment, pipelines, or canals , breakage or accidents to supply, and any other inabilities of a ofeitheral or entire failure of water those enumerated or otherwise, that are not within thetcontrol lofrthe party claiming the inability and that could not have been avoided bye the exercise of due diligence and care. d that the settlement of strikes and lockouts shall,bestood entireand agreed ly within the discretion of the party having the difficult that the requirement that any force majeure be remedied with yallnd reasonable dispatch shall not require the settlement of strikes and lockouts b acceding to the demands of .the unfavorable to it in the opposing party if the settlement is unfavorab judgment of the party having the Y Force majeure shall relieve City from liability to Purchaser for failure to provide water service due to an inability covered by this article. Force majeure shall not relieve Purchase of its obligation to make payments to City as provided in this contract. Article V. Term 5.01. The term of this contract shall be for a term of ten (10) years from date hereof. 5.02. This contract shall become null and void upon the annexation of Purchaser's property by the City. Article VI Miscellaneous Provision 6.01. Purchaser agrees that it is prohibited from selling or giving water purchased herein to anyone other than in the normal course of its business. 6.02. Purchaser shall be permitted to assign its rights herein to a bona fide purchaser of its property as long as the intended use of the water and the property remains the same or similar. 6.03. This contract shall be construed under and in accordance with the laws of the State of Texas, and any and all actions brought to enforce the term of this contract shall be brought in Williamson County. 6.04. This contract -shall be binding upon and inure to the, benefit of the parties hereto and their resective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this contract. 6.05. In case any one or more of the provisions contained this contract shall for any reason be held to be invalid, illegalin or unenforceable in any respect, such invalidity, ilalityor unenforceability. shall not affect any other provisionithereof,'and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6.06. This contract constitutes the sole and only agreement of the parties hereto and supersedes an or written or oral agreements between the partiesrrespecting riorttheings within subject matter. 2. 6.07. The violation by Purchaser of any of Ci related to the use of water shall render this the option of City,ty s ordinances contract voicadie at EXECUTED in duplicate, at Ro nd Rock, Williamson on the Ala'1.-12 day of d n Count Y� Texas, 1988. ATTEST: nne Land, City Secretary 3. CITY OF ROUND RBSK: By: Mike Robinson, Mayor PURCHASER: NA) INVCSTvRS LIFE" IiYSujZAA'CE Co. By: David L. Blankenship Vice President CORRIDOR PARK ONE CoRRiboR PARK ONE TEE PLE sv4 DE`s" ?EL. G CARTER LES TER_ CZiVrEk CAPiroL AG EXHIBIT "A" WASTEWATER SE VICE CONTRAC STATE OF TEXAS COUNTY OF WILLIAMSON This .contract is of Round Rock, referred to as referred to as premises and hereinafter set follows: • • • • • • made and entered into by and between the City "Ca home-rule and municipal corporation, hereinafter y" , and W iNVEs/i s LiFr her "Purchaser") . For I s`��'ANCE co, in conideratione1offthe the mutual agreements forth, the , covenants, and conditions parties hereto contract and agree as Article I. Provision of Wastewater Service 1.01. City agrees to sell Purchaser wastewater service by Purchaser for domestic or commercial uses on an as -needed 1.02. The wastewater service to be Purchaser's property described in Exhibit provnded otherproperty is fory without the express written consent of City. i�`��i and no other 1.03. City's obligation to this contract is obligation gat to provide wastewater service under provide wastewater service to Purchaseraafteromeetif n1s hecil facilities to domestic, commercial, and industrial needs wit mCeeting the municipal, limits, and after meeting any contractual obligationsexisting corporate the date of execution of this contract, but in no event shall be obligated to as of provide more wastewater service than that needed Cbyytwo 2) living unit equivalents (LUE1, Article II. Rates 2.01. Purchaser agrees to pay City for wastewater service at the rate authorized by Chapter 10, Section 4 B as amended from time to time aeo � , Code of Ordinances, for customers located outside the pcorporatetlimits wastgoftCityervice rates 2.02. Cityy shall render a monthly bill to Purchaser for wastewater service. Payment shall be made no later than the to (10th) day following the mailing of the bill. Failure byser to make a payment when and as specified will give City the optionponto to terminate all obligations of City under this contract, as well as contract for Water Service of even date herewith. the 2.03. Purchaser shall be subject to the penaltyrovisions late payment as now exist in Chapter 10 P for Ordinances, and as amended from time to time. Section 4.D., codd e of Article III. Com liance with Ordinances 3.01. Purchaser agrees to comply with all of City's ordinances as they now exist or amended from time to wastewater treatment system and the sanitary use oftime waterregarding the 3.02. Purchaser agrees to take all reasonable precautions to :maintain the sanitary condition of City's water supply system. 3.03. Purchaser agrees toa amount of TWO THOUSAND topay a Wastewater Service fee in the and a LUE fee in the amountUNofETHRE H HUNDRED DOLLARS NO ( 2,500.00) ($300.00). 100 DOLLARS Article IV. Force Ma'eure 4.01. In the event either in part, by force majeure to carryroutlany s eofeits obligatiored unable, ns undery or this contract, then the obligations ofparobligations ten affected by the force majeure and to the isextent tthat tdue tdiligencee being used to resume performance at the earliest l , shall be suspended during the continuance of therinabilite.t1The C25WTR-CIT3 Y cause, as far as possible, shall be remedied with all reasonable diligence. The term "force majeure", lockouts or other industrial disturbances,actsdes acts of God, strikes, orders of -the government of the United States sorfthe eStatelofeTexa or any civil or military authority, landalides insurrections, riots, epidemics, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrest people, civil disturbances , restraints of government and p quipmeat pip , explosions, breakage or accidents to q P i elines, or canals wastewater treament system, and canals, or entire failure of party, whether similar to those enumeratedhor otherwise, thaer inabilities tfaretnonot within the control of the party claiming the inability and that could not have been avoided by the exercise of due diligence and care. It is understood and agreed that the settlement of strikes and lockouts t shall be entirely within the discretion of theh difficulty and that the requirement that anyparty having te remedied with all reasonable dispatch shall fnotrce require the ures be settlement of strikes and lockouts by acceding to the demands of the opposing party if the settlement is unfavorable to it in the of the party having the difficulty. Force majeure shall relievecity from liability to Purchaser for failure to e due to an inability covered by this article. Fprovide we astewater-service shall ot relieve Purchaser of its obligation to makercpayaents oh Cit not provided in this contract. payments to City as Article V. Term 5.01. The term of this contract shall be for a term of ten (10) years from date hereof. 5.02. This contract shall become null and void upon the annexation of Purchaser's property by the City. rticle Vi. Miscellaneous Provision_ 6.01. Purchaser agrees that it is prohibited giving wastewater service purchased herein toanyonerotherlling than ior n the normal course of its business. 6.02. Purchaser shall be permitted to assign its rights herein to a bona fide purchaser of its property as long as the intended use of the property remains the same or similar. 6.03. This contract shall be construed under and in accordance with the laws of the State of Texas, and any and all actions brought to enforce the term of this contract shall be brought in Williamson County. 6.04. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this contract. 6.05. In case any one or more of the provisions this contract shall for any reason be held to beinvalid,cillegal,� oin r unenforceable in any respect, such invalidity, unenforceability shall not affect any other provisionlegalitthereof� or this contract shall be construed as if such invalid, illegal,aor unenforceable provision had never been contained herein. 6.06. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 6.07. The violation by Purchaser of any of City's ordinances related to water or wastewater service shall render this contract voidable at the option of City. 2. J.` • EXECUTED in duplicate, on the '' day of t Round Rock, Williamson County, Texas, 1988. ATTEST; CITY OF ROUND ROCK: nne Land, City Secretary By: Mike Robinson, Mayor 3. PURCHASER: NN IN I/L S l on s L/,CL IN 5uR!UGC C. David L. Blankenship Vice President CORRIDOR PARK ONE IH35 CeRRi oo R PARK ONE CAFiroL AG EXHIBIT "A" DATE: October 11, 1988 SUBJECT: Council Agenda, October 13, 1988 ITEM: 11D. Consider a resolution authorizing the Mayor to enter into a contract for water and wastewater services for Lot 2 in Bratton Lane Business Park. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The contracts are complete and in an approvable form. The City currently provides service to surrounding tracts. Public Works recommends acceptance. ECONOMIC IMPACT: This increases revenue from both impact fee and rate base sources.