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R-09-05-14-9F2 - 5/14/2009RESOLUTION NO. R -09-05-14-9F2 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 Right -of -Way and Easements for Construction of a Treated Water Transmission Main Along New Hope Road for the Regional Water System Project, 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 14th day of May, 2009. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: iqNU.L . (date SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\0905\MUNICIPAL\R90519P2.000/rmc INTERLOCAL AGREEMENT REGARDING ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR CONSTRUCTION OF A TREATED WATER TRANSMISSION MAIN ALONG NEW HOPE ROAD THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS INTERLOCAL AGREEMENT REGARDING ACQUISITION OF RIGHT- OF-WAY AND EASEMENTS FOR CONSTRUCTION OF A TREATED WATER TRANSMISSION MAIN ALONG NEW HOPE ROAD ("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 ("Regional Project") 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, as an integral part of the Regional Project, the Parties desire to proceed with the acquisition of certain temporary and permanent easements for the construction of a treated water transmission main generally following the alignment of New Hope Road located in Williamson County, Texas, and more particularly described in Exhibit A for Segment 1 and Exhibit B for Section 2C (the "Easements"); WHEREAS, Cedar Park plans to acquire Right -of -Way for the construction of the New Hope Road project ("New Hope Right -of -Way"); and the three Cities have agreed to acquire certain temporary and permanent easements following the alignment of New Hope Road, as described above; WHEREAS, in order to maximize efficiency and to minimize disruption to Cedar Park's project to improve New Hope Road, the Parties have agreed to proceed with acquisition of the Easements in conjunction with Cedar Park's acquisition of Right -of -Way for its New Hope Road project ("New Hope Right -of -Way"); 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 the Easements in conjunction with Cedar Park's acquisition of the New Hope Right -of -Way and pursuant to which the Parties will EXHIBIT tie 040109 Page 1 of 10 participate in all costs and expenses related to the acquisition of Easements following the alignment of the New Hope Right -of -Way. 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 Right -of -Way by Cedar Park and Easements by the Cities for Construction of a Treated Water Transmission Main Along New Hope Road. 1.02 "BCRUA" means the Brushy Creek Regional Utility Authority. 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 Percentages for Segment 1" means the percentage of the Right -of -Way and/or Easement Acquisition Costs to be paid by each Party for Segment 1. The Cost Allocation Percentages for Segment 1 for each Party are as follows: Cedar Park: 14.18% Leander: 47.26% Round Rock 38.56% 1.06 "Cost Allocation Percentages for Segment 2C" means the percentage of the Right -of - Way and/or Easement Acquisition Costs to be paid by each Party for Segment 2C. The Cost Allocation Percentages for Segment 2C for each Party are as follows: Cedar Park: 00.00% Leander: 48.22% Round Rock 51.78% 1.07 "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. 1.08 "Easement(s)" mean the easements, individually or collectively, identified by type (temporary or permanent) on the tracts of real property identified on Exhibits A and B. 040109 Page 2 of 10 1.09 "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. 1.10 "Leander" means the City of Leander, Texas. 1.11 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or collectively, as applicable. 1.12 "PDR" means "Preliminary Design Report" or "PDR" means collectively the following described documents: (i) Treated Transmission Main, Segment 1 PDR, "Brushy Creek Regional Utility Authority 78 -inch Water Transmission Main Preliminary Engineering Report: prepared by Lockwood, Andrews & Newnam, Inc.; dated May 2007 and (ii) Treated Transmission Main, Segment 2C PDR, "Preliminary Engineering Report — Treated Water Transmission Line Segment 2C" prepared by K. Friese & Associates, Inc., dated September 2007. 1.13 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared by HDR Engineering, Inc. and dated November 2006. 1.14 "Project Schedule" means the schedule for the completion of the Regional Project as set forth in the PER and further refined in the PDR. 1.15 "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 and further refined in the PDR. 1.16 "Right -of -Way" means the Right -of -Way on the tracts of real property identified on Exhibits A and B to be secured by Cedar Park for the alignment of New Hope Road. 1.17 "Right -of -Way and Easement Acquisition Contract(s)" means any contract(s) for the acquisition of Right -of -Way and/or Easement, whether temporary or permanent from the owners of the tracts of real property identified on Exhibits A and B. 1.18 "Right -of -Way and/or Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to acquire the Right -of -Way and/or Easements identified by type (temporary or permanent) for Segment 1 or Segment 2C on the tracts of real property identified on Exhibits A and B. "Right -of -Way and/or Easement Acquisition Costs" include, but are not limited to, the estimated cost of acquisition for the Right -of -Way and/or Easements as set forth on Exhibits A and B. The Cities agree to provide a contingency of forty percent (40%), in addition to the estimated cost of acquisition for the Right -of -Way and/or Easements, if additional costs are necessary, and, the costs for condemnation legal services as agreed upon by all parties in the Interlocal Agreement Regarding Condemnation Legal Services for Regional Water System, Exhibit C, and the costs for updates to real property appraisals per Sec. 2.01 (c) of this Agreement, if and as necessary. Each Party shall bear its share of the Right -of -Way and/or 040109 Page 3 of 10 (e) 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 Right -of -Way or Easement 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: 040109 Page 6 of 10 Easement Acquisition Costs in accordance with the Cost Allocation Percentages set forth herein. The Cities agree that Cedar Park alone shall pay for the acquisition costs of the fee simple value of New Hope Right -of -Way; and Leander and Round Rock shall pay twenty-five percent (25%) of the fee simple value of the New Hope Right -of -Way for acquisition of the easements (temporary or permanent) for the Treated Water Transmission Main as described in Section 1.12 herein and in Exhibits A and B. 1.19 "Round Rock" means the City of Round Rock, Texas. 1.20 "Segment 1" means those Easements, whether temporary or permanent, and Right -of - Way described in Exhibit A. 1.21 "Segment 2C" means those Easements, whether temporary or permanent, and Right -of - Way described in Exhibit B. 11. RIGHT-OF-WAY AND EASEMENT ACQUISITION CONTRACTS 2.01 Right -of -Way and Easement Acquisition. (a) In accordance with the PER and the PDR, the Parties expect to acquire the Right - of -Way and/or Easements for the purpose of constructing a treated water transmission main. The treated water transmission main will be an integral part of the Regional Project. The estimated cost of acquisition to be paid for each Right -of -Way and/or Easement as a component of the Right -of -Way acquisition is set forth on Exhibit A and Exhibit B. However, the Parties acknowledge that the acquisition cost for each Right -of -Way and/or Easement shown on Exhibit A and Exhibit B is an estimate and may not reflect the total compensation actually paid to acquire each Right -of -Way and/or Easement. The Parties agree that revised Exhibits reflecting the actual costs paid for acquisition for each Right -of -Way and/or Easement, including the cost of any appraisal update required for a particular parcel, shall be set forth in Exhibit A-1 and Exhibit B-1, which shall be appended to this Agreement. (b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the Right -of -Way and Easements shown on Exhibit A and Exhibit B, either by (i) entering into one or more Right -of -Way and/or Easement Acquisition Contracts for the Right -of -Way and/or Easements or (ii) duly exercising its eminent domain authority to acquire one or more of the Right -of -Way and/or Easements if the exercise of such authority is necessary. Leander and Round Rock agree that Cedar Park shall acquire the Right -of -Way and Easements in its name on the condition that Cedar Park shall acquire the Right -of -Way and Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR 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 acquisition of the Right -of -Way and Easements on the condition that Cedar Park shall acquire the Right -of -Way and/or Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR, as described in Sections 1.05 and 1.06 herein, and for use as planned in the Regional Project. However, Cedar Park shall not enter into, modify, or amend a Right -of -Way and/or Easement Acquisition Contract to provide for a purchase price for Right -of -Way and/or Easement in excess 040109 Page 4 of 10 of the Right -of -Way and/or Easement Acquisition Costs for each Right -of -Way or Easement as set forth on Exhibits A and B plus a contingency of forty percent (40%), if necessary. (c) The Parties agree that it may be necessary to update some of the real property appraisals in order to finalize acquisition of Right -of -Way and/or Easements. The cost of an update, if needed, will be $1,750 per parcel with a maximum of 10 parcels as authorized under this Agreement. Each Party shall bear its share of these costs in accordance with the Cost Allocation Percentages set forth in Sections 1.05 and 1.06 herein. (d) Leander and Round Rock agree that any Right -of -Way acquired by Cedar Park will be utilized by Cedar Park for future improvements and construction of New Hope Road. (e) This Agreement does not obligate Cedar Park to acquire all of the Right -of -Way and Easements necessary to construct Segment 1 and Segment 2C of the Regional Project. Cedar Park will participate in all Right -of -Way and/or Easement Acquisition Costs for the acquisition of Right -of -Way and Easements for Segment 1 and up to $1,500,000 in Right -of - Way and/or Easement Acquisition Costs for the acquisition of Right -of -Way and Easements for Segment 2C. Any Right -of -Way and/or Easements necessary to construct Segment 2C that are not acquired by Cedar Park under this Agreement will need to be acquired by Leander and Round Rock under a separate agreement. HI. PAYMENT OF RIGHT-OF-WAY AND/OR EASEMENT ACQUISITION COSTS. 3.01 Payment of Right -of -Way and/or Easement Acquisition Costs. (a) The Right -of -Way and/or Easement Acquisition Costs for Segment 1, shown on Exhibit A, shall be shared by the Parties according to the Cost Allocation Percentages for Segment 1. The Right -of -Way and/or Easement Acquisition Costs for Segment 2C, shown on Exhibit B, shall be shared by the Parties according to the Cost Allocation Percentages for Segment 2C. (b) Each Party shall pay its share of the Right -of -Way and/or Easement Acquisition Costs, whether for Segment 1 or Segment 2C, at or before the closing for each Right -of -Way and/or Easement to be acquired hereunder or at such other time as Cedar Park may reasonably designate. Leander and Round Rock shall promptly pay their respective shares to Cedar Park or to a title company as directed by Cedar Park from time to time. (c) The Parties agree that the total amount agreed to by all Parties under this Agreement shall be the total of the proportionate estimated costs set forth in Exhibits A and B, plus a 40% contingency for each parcel, plus a maximum, not to exceed, proportionate share of $1,750 each for no more than 10 parcels for updated appraisals, if required. (d) Within thirty (30) days after closing, Cedar Park shall convey title for each Easement to BCRUA in a form acceptable to all Parties. Cedar Park shall maintain all title and interests to Right -of -Way acquired under this Agreement. 040109 Page 5 of 10 (e) 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 Right -of -Way or Easement 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: 040109 Page 6 of 10 CEDAR PARK: with copy to: ROUND ROCK: with copy to: Leander: with copy to: 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Brenda Eivens Telephone: (512) 401-5020 Facsimile: (512) 401-5021 Email: roberts@ci.cedar-park.tx.us Charles Rowland City of Cedar Park 600 N. Bell Blvd. Cedar Park, Texas 78613 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 Facsimile: (512) 218-7097 Email: jnuse@round-rock.tx.us Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: slsheets@sheets-crossfield.com 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 Diana L. Granger 223 W. Anderson Lane, Suite A-105 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attorneys@cityattorneytexas.com 4.09 Force Majeure. Parties shall not be deemed in violation of this Agreement 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. 040109 Page 7 of 10 4.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A: Segment 1 Transmission Line—Right-of-Way Acquisition Costs and Temporary Construction Easement Acquisition Costs prepared by Lori Bible, LAN ROW Services (Pages 1 — 4) Exhibit B: Segment 2C Transmission Line — Right -of -Way and Easement Acquisition Costs prepared by K+Friese & Associates, Inc. (Pages 1— 3) Exhibit C: Interlocal Agreement Regarding Condemnation Legal Services for Regional Water System (pages 1 — 9) 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. ATTEST: Sam White, City Secretary CITY OF ROUND ROCK: By: Alan McGraw, Mayor Date: 040109 Page 8 of 10 ATTEST: CITY OF CEDAR PARK: By: LeAnn Quinn, City Secretary Bob Lemon, Mayor Date: 040109 Page 9 of 10 ATTEST: Debbie Haile, City Secretary CITY OF LEANDER: By: John Cowman, Mayor Date: 040109 Page 10 of 10 0 || /{ | en! {Way and Easement Acoulsilion Costs _ ` /S3 E 51.870.00 ! . § 4. 27.256.50 < .; ! 8 ` 8 f 8 ( q a <0 ; $ 15,470.00 Permanent Easement Area fall / 49400 20720 26920 ( 2 \ \ \ k , ® \ 9( /!I @ w 49. , § ■ # ! ! _ ! CO 8 ® , § SS \ § 4. @ ! $ 27.775.33 . g . ! - SS Temporary Easement Area Ian 4502 (\ \} 25988 / 9024 . k) \ 8736 Right of Way . i9! . . . . - . - ! . - . . . ¥ ( - ! 8 ! ~ 8 $ 8 8 \ 8 ( } ) 2 5 202,760.00 $ 79,570.40 ; § $ 343.80 / ) 8 2 ; ( $ 178,741.00 ! \ ® / - } \ - - \ - \ I. \ - ! - ! - \ ! . \ . \ . \ . \ m § Area tat)' 2237 § [ § 29410 !® 50690 K 38401 94505 )§§; § 6.117 eo remainder of 479.720 ac.Vol. 2638, Pg. 477 D.R.W.C.T. 20.718 ac. remainder of 37.022 ac. Doc. No. 2006033488 0.P.R.W.C.T. 13.252 ac Doc. No. 2005040859 0.P.R.W.C.T. 4.849 ac. Doc. No. 9617087 O.R.W.C.T. 8.00 ac Doc. No. 9511878 O.R.W.C.T. 3,70 ac. Doc. No. 9528570 Tract Two O.R.W.C.T. 5.044 ac. Vol. 837, Pg. 705 D.R.W.C.T. 4.0035 ac. Doc. No. 2006009983 0.P.R.W.C.T. 5.06 ac. Doo. No. 2002016247 Tract 1 0.P.R.W.C.T. 0.47 ac. Doc. No. 2002018247 Tract 2 0.P.R.W.C.T. Lot 3. Block B Post Oak Estates Cab. N. Sid. 174-178 P.R.W.C.T. 2.169 ac. DDc. No. 2005023893 Tract 2 0.P.R.W.C.T. Lot 7, Biodr 8 Replat of Lots 2, 3, 4, 7, 8, and 9 Post Oak Estates Cab. 0, SId. 123.124 P.R.W.C.T 17/ \; )\ n §k �! 4.92 ec. Doc. No. 9752826 O.R.W.C.T. _I 20.34 ec. Vol. 840, Pg. 438 D.R.W.C.T. 3.00 ac. Doc. No. 2000000802 ExNbk W 0.P.R.W.C.T. VS Cedar Park, LTD. Cedar Park Health System, LP ! \ ! ! q James H. Palmer & Judy West Palmer 1 _!I k \ Elaine Louise Lansford, Daniel Clark Lansford, Ralph Edward Lansford Elaine Louise Lansford. Daniel Clark Lansford. Ralph Edward Lansford § !!, ) ! \ John Terrell Williams - ! t !\j{ ;} \!! Warren Investrne is Glenn R. Warren, Trustee -<0 . § , _ - , , K N e. 2.1 Permanent Easement Coati" 4, $ 4.200 66 . \ , (0 - - - - . - -49 &! §/Ii/ Permanent Easement Area fat) 58240 § ° E !I !io |\ , , $ 40,287.26 S 22,868.13 $ f ) `! / 1I 28272 16048 Right of Way Qt,, \ 0�0 , . . . . . . . - . - -: ROW Cost $ 659,893.25 8 ( ; ]( « K § ! | ® ) , / > )|| • q ri la ■ § _\ / \ } § \ \ " \ \ \ Totals Totals w/o Contingency !| E. )- ■; \ 13036 12341 4723 \ \ V 4703.05 / ) \ § 18.417 ac. remainder of 19.31 ac Doc No. 2000000802 Exhibit "A' O.P.R.W.C.T. 52.8 ad. remainder of 149.954 ac. Vol.483, Pg. 475 D.R.W.C.T. Doc No. 2002089298 0.P.R.W.C.T. 5.00 ac. Doc. No. 20070458380.P.R.W.C.T. Lot 3. Block 'A' Lakewood County Estates Phase One Cab. C, SId. 295-299 P.R.W.C.T. 2.51 ac. Doc. No. 2004080119 0.P.R.W.0 T. Lot 4A, Back' A' Resubdisislan of Lot 4, Block A ,Lakewood County Estates Cab. G. Std. 13 P.R.W.C.T. x'2.51 ao. Doc. No. 2007019484 Tract TwoW.C.T. ' Lot 46, Block Resubdslslon of Lot 4. Block took AA Lakewood Country Estates Cab. G. Sid. 13 P.R.W.C.T, 5.01 ac Vol. 2069. Pg. 472 O.R.W.C.T. Lot 5. Bloch W Lakewood Country Estates Phase One Cab. C, Sld 295-299 P.R.W.C.T. 12.51 ac. Vol. 1591, Pg. 128 O.R.W.C.T. Remainder or Lot 6, Block' A' Lakewood Country Estates Phase One Cab. C, Sid 295.299 P.R.W.C.T. 3.803 ac. Doo No. 2003017074 0.P.R. W.C.T. Lot 1A, Block 101 ResubdMsloln of Loot 1, Block C Lakewood Country Elates Phase One Cab. 0, SId. 309310 P.R.W.C.T. 2.500 ac. Doc No. 20060405230.P.R.W.C.T. Lot 15, Block 'C' RasubdMslon of Lm 1, Block C Lakewood Country Estates Phase One Cab. 0, SId. 309310 P.R.W.C.T. • 5.07 ac. V°. 2496, Pg. 28 O.R.W.C.T. Lot 1, Block Lakewood Country Estates Phase One Cab. C. SId. 295-299 P.R.W.C.T. Glenn R. Warren, Trustee Theophil R. Kdenke & Sharon R. Kdenke J. Preston Carlton |k / V !) Randall L. Wright Todd Smith Family Lknted Partnership James R. Taylor & Sandra K. Taylor ( / Richard K. Athey & Debbie Athey ! z Robert 5. Patterson & Dianna R. Patterson \ r,4 � , I- e 7 is are calculated as 25% of the Right of Way Value ) K#FRIESE & ASSOCIATES, INC. 112011. ..nwmcvr tHESMINOMMTEIM ANTIC TENS AIM NEW HOPE ROAD EXTENSION/ BCRUA WTM SEGMENT 2C PROPERTY ACQUISITION EXHIBIT PAGE 3 r o • g m z 0 07 m 2 8 w CO« -3? O) W 7I TV CD CO N m W NI X IV X IV 0 73 PARCEL NO. Carlos Easley Chris and Lana Massey Nathaniel (Nate) Kirby St. Mary Margaret Catholic Church g M A 0.161 ac / 7,025 sf 0.351 ac / 15,306 sf 0.543 ac / 23,656 sf 0.356 ac / 15,502 sf, T A69 CO 69 VALUE OF IMPROVEMENTS NW COA EA 69 (0 V O DAMAGES/COST TO CURE N 01 N $6,873 69 69 69 FEE SIMPLE LAND VALUE Co CO 4 CO CO 01 IV O A CO CO U1 Uf tit N 40 L__..... $84.017 b9 TOTAL VALUE OF ROW JJ a N ca N CON Na N N 25% % OF RIGHTS FOR ROW AND WATERLINE EASEMENT EASEMENT ACQUISITION COSTS NUI o e ID e w w 69 m N EA69 b aA o m zm a O 3 m m'. a ITO m N • 3 co • - 0 — N Z r z 111 q;o 1, 'fid 'V LHIHX3 Lori Bible, LAN ROW Services C Cr 0 O Craig D. Edwards and Jill K. Edwards OWNER 1.39 ac / 60,585 sf $5,775 AREA VALUE OF IMPROVEMENTS N U1 O co VALUE OF EASEMENT 4/4 W 0 N v EASEMENT I ACQUISITION COSTS N tD m 0 0 3 m Z 0 —+ 2 �w _M w O E m VN, v 3 Z r nrn rigc N 0 7 0 0 N N 17;o Z 'Sd 'V .LI2IHX3 EXHIBIT A, PG. 3 of 4 LEGEND TEMPORARY CONSTRUCTION EASEMENT / 3 655 pNPR2 9 N A -' 0 Pkv# Ct1/45 2A0. 01' \g94 F \‘g131 CALLED 9.159 ACRES CRAIG D. EDWARDS AND JILL K. EDWARDS FILED: NOVEMBER 12, 2007 10g5 C � OP s 53 t�'8 \9g5 \LS6 02 CM WE02;404.'3' \jg9i f \`EO: G8 0 BRUSHY CREEK REGIONAL UTILITY AUTHORITY • 78" WATER TRANSMISSION MAIN SEGMENT 1 TEMPORARY CONSTRUCTION EASEMENT tan Lockwood, Amhara BLNewnem,Inc. A LEO A DALY CDMNIMT MI M Ma MRL Y. R"a V. 76611 W JJ W6b r° ECIII 1-0b • WOUWmW0W m r J-1 20022 • co W¢ WKNUO- WU ??jC w O d V LL INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL SERVICES FOR REGIONAL WATER SYSTEM THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL SERVICES FOR REGIONAL WATER SYSTEM ("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, in order to pursue construction of the regional water supply system, the Parties may have to pursue condemnation to acquire necessary easements; and WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under which the Parties may authorize legal services in support such condemnation and under which the Parties will cost 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 Condemnation Legal Services for Regional Water System. 1.02 "Cedar Park" means the City of Cedar Park, Texas. f' G`i-�5-ALJ-rtc�l 1 1.03 "City Managers Committee" means the committee consisting of the City Managers for Cedar Park, Leander, and Round Rock. 1.04 "Condemnation Counsel" means the attomey(s) appointed and retained by the Parties as condemnation counsel. Such attomey(s) shall be licensed to practice law in the State of Texas, shall be in good standing with the State Bar of Texas, and shall be experienced and qualified in the area of condemnation. 1.05 "Condemnation Legal Services" means the legal services to be performed by Condemnation Counsel. These services will be in support of the Regional Project and any condemnation required thereby. 1.06 "Condemnation Legal Services Costs" means all costs and expenses incurred by the Parties for Condemnation Legal Services. Each Party shall bear its share of the Condemnation Legal Services Costs in accordance with the Cost Allocation Percentage set forth herein. 1.07 "Cost Allocation Percentage" means the percentage of Condemnation Legal Services 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% 1.08 "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_ 1.09 "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. 1.10 "Leander" means the City of Leander, Texas_ 1.11 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or collectively, as applicable. 1.12 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared by HDR Engineering, Inc. and dated November 2006. 1.13 "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. 1.14 "Round Rock" means the City of Round Rock, Texas. 2 II. CONDEMNATION LEGAL SERVICES 2.01 Condemnation Legal Services. (a) The Parties hereby appoint and retain Kent Sick ("Sick") as Condemnation Counsel. Sick shall provide Condemnation Legal Services to the Parties in accordance with the provisions of the Agreement. The Parties may designate an additional firm(s) or attomey(s) to serve as Condemnation Counsel from time to time. (b) The Parties agree that Cedar Park will serve as the principal contact with Condemnation Counsel. Cedar Park will have primary responsibility to oversee and administer the Condemnation Legal Services, but shall do so at all times in cooperation with the D.O. Committee. 2.02 D.O. Committee Participation. (a) Each Condemnation Counsel shall work with and report to the D.O. Committee. The D.O. Committee shall prepare a schedule of meetings with each Condemnation Counsel that shall be approved by all members of the D.O. Committee. Cedar Park shall ensure that each Condemnation Counsel works cooperatively with the D.O. Committee. The foregoing shall not be construed to prohibit any Party from communicating directly with Condemnation Counsel regarding the Condemnation Legal Services without the presence or participation of the other Parties, or from meeting with Condemnation Counsel when it is not practicable to schedule a meeting with the D.O. Committee. (b) The D.O. Committee shall: (i) Attend and participate in regular meetings with each Condemnation Counsel to monitor the status of the Condemnation Legal Services and to provide direction and recommendations with respect thereto; (ii) Ensure that the Condemnation Legal Services are performed in accordance with the PER and the Project Schedule; and (iii) Address any other relevant matters relating to the Condemnation Legal Services. (c) Within five (5) business days of receipt of any reports or recommendations prepared by a Condemnation Counsel, the members of the D.O. Committee shall specify in writing to each other any objections regarding the draft reports, and any proposed revisions thereto. If any member of the D.O. Committee fails to object in writing to the report within five (5) business days, then that member shall be deemed to have approved the draft report. In the event that any member of the D.O. Committee timely objects to the draft report, then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the D.O. Committee cannot unanimously agree to the proper resolution within five (5) business days, then the B.O. Committee shall refer the dispute to the City Managers Committee. The City Managers Committee shall work diligently and in good faith to resolve any 3 dispute as quickly as possible so as not to jeopardize 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, the Parties shall promptly refer the dispute to their respective City Councils for consideration. If the dispute is not resolved within thirty (30) days after referral to the City Councils, then the Parties shall terminate this Agreement. In the event of termination, Cedar Park may, at its own cost and expense, continue its attomey-client relationship with Sick. 2.03 Access to Work Product. (a) Any Party is entitled to copies of any work product produced by Condemnation Counsel in connection with the Condemnation Legal Services. The Party requesting a copy of such information shall pay all reasonable costs incurred in preparing and furnishing the copies. (b) The Parties acknowledge that Condemnation Counsel's communications and work product may be exempt from production under the Public Information Act, Section 552.001 et seq. of the Government Code, and/or privileged under the Texas Rules of Evidence. The Parties shall cooperate reasonably and in good faith to protect exempted or privileged information from disclosure. III. PAYMENT OF CONDEMNATION LEGAL SERVICES COSTS. 3.01 Payment of Condemnation Legal Services Costs. (a) All Condemnation Legal Services Costs shall be shared by the Parties according to the Cost Allocation Percentages. (b) The Parties agree that Condemnation Counsel shall be instructed to send all invoices to Cedar Park. Upon receipt of each invoice from any Condemnation Counsel, Cedar Park shall review the invoice and confirm that the Condemnation Legal Services have been satisfactorily completed in accordance with the request for payment. Thereafter, Cedar Park shall submit notice to the other Parties indicating each Party's share of the Condemnation Counsel's invoice in accordance with each Party's Cost Allocation Percentage. Round Rock and Leander shall forward payment therefor within ten (10) business days of the receipt of notice. (c) In the event of any disputes among the Parties, the Parties agree that the City Managers Committee shall work diligently and in good faith to resolve any dispute conceming Condemnation Legal Services and/or Condemnation Legal Services Costs as quickly as possible so as not to jeopardize the completion of the Regional Project. If the City Managers Committee is unable to resolve a dispute after reasonable and good faith efforts, the Parties shall promptly refer the dispute to their respective City Councils for consideration. If the dispute is not resolved within thirty (30) days after referral to the City Councils, then the Parties shall terminate this Agreement. In the event of termination, Cedar Park may, at its own cost and expense, continue its attorney-client relationship with Sick. 4 IV. GENERAL PROVISIONS 4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 79], Texas Government Code and Section 402.001, Texas Local Goveniment 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 will not be affected and this Agreement will 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 will 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 Condemnation Legal Services 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 will not be affected or limited by this Agreement. 4.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas law. Venue for any action arising hereunder will be in Williamson County, Texas. 4.08 Notices. Any notices given under this Agreement will 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: with copy to: 5 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Sam Roberts Telephone: (512) 258-4121 x6321 Facsimile: (512) 258-6083 Email: roberts a.ci.cedar-park.tx.us Leonard Smith P.O. Box 684633 Austin, Texas 78768 Telephone: (512) 474-6707 Facsimile: (512) 474-6706 Email: ]smith anleonardsmithlaw.com ROUND ROCK: with copy to: Leander: with copy to: 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 Facsimile:(512) 218-7097 Email: jnuse0,,round-rock.tx.us Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: slsheets@sheets-crossfield.com 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 Diana Granger 223 W_ Anderson Lan; Suite A-105 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attomeys@cityattomeytexas.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 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 4.11 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement 6 CITY OF ROUND ROCK: Al I EST: 4-= •r) - • itUir(i41{.>i< KULL:foci By: Christine Martinez, City Secretary .1 yle well, Mayor Date: - ;15- C 7 ATTEST: LeAnn Quinn, City Secretary CITY OF CEDAR PARK: Bob Lemon, Mayor Date: 8 .-Y Debbie Haile, City Secretary CITY OF LEANDER: By: Date: 9 / tact/ Im Cowman, Mayor ode"? f DATE: May 7, 2009 SUBJECT: City Council Meeting — May 14, 2009 ITEM: 9F2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Cedar Park and Leander regarding Acquisition of Right -of -Way and Easements for Construction of a Treated Water Transmission Main along New Hope Road. Department: Water and Wastewater Utilities Staff Person: Michael Thane, P.E., Director of Utilities Justification: The Cities would like to proceed with the acquisition of certain temporary and permanent easements for the construction of a treated water transmission main in conjunction with the right-of-way acquisition of New Hope Road. This Interlocal Agreement outlines the procedure to which the Cities authorize Cedar Park to acquire the easements and the process in which the Cities will participate in all costs and expenses related to the acquisition of the easements. Funding: Cost: Source of funds: Outside Resources: $602,877.49 Capital Project Funds (Self -Financed Utility) Cities of Cedar Park Leander Lockwood, Andrews, and Newnam (LAN) K. Friese & Associates Background Information: The Cities of Round Rock, Cedar Park, and Leander have agreed to jointly pursue a Regional Water System that will ultimately provide an additional 105.8 million gallons per day of potable water to meet future water demands of the Cities based on projected population growth. All easement acquisition costs shall be shared by the Cities according to their ultimate capacity allocation percentage in Segment 1 and Segment 2C of the treated water lines along New Hope Road. Round Rock's share of Segment 1 is $42,204.69, which is 38.56% of $109,452. For Segment 2C, Round Rock's share is $560,672.80, which is 51.78% of $1,082,798. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS INTERLOCAL AGREEMENT REGARDING ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR CONSTRUCTION OF A TREATED WATER TRANSMISSION MAIN ALONG NEW HOPE ROAD THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: THIS INTERLOCAL AGREEMENT REGARDING ACQUISITION OF RIGHT- OF-WAY AND EASEMENTS FOR CONSTRUCTION OF A TREATED WATER TRANSMISSION MAIN ALONG NEW HOPE ROAD ("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 ("Regional Project") 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, as an integral part of the Regional Project, the Parties desire to proceed with the acquisition of certain temporary and permanent easements for the construction of a treated water transmission main generally following the alignment of New Hope Road located in Williamson County, Texas, and more particularly described in Exhibit A for Segment 1 and Exhibit B for Section 2C (the "Easements"); WHEREAS, Cedar Park plans to acquire Right -of -Way for the construction of the New Hope Road project ("New Hope Right -of -Way"); and the three Cities have agreed to acquire certain temporary and permanent easements following the alignment of New Hope Road, as described above; WHEREAS, in order to maximize efficiency and to minimize disruption to Cedar Park's project to improve New Hope Road, the Parties have agreed to proceed with acquisition of the Easements in conjunction with Cedar Park's acquisition of Right -of -Way for its New Hope Road project ("New Hope Right -of -Way"); 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 the Easements in conjunction with Cedar Park's acquisition of the New Hope Right -of -Way and pursuant to which the Parties will 040109 Page 1 of 10 -��- - ct+- CW 2-- participate in all costs and expenses related to the acquisition of Easements following the alignment of the New Hope Right -of -Way. 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 Right -of -Way by Cedar Park and Easements by the Cities for Construction of a Treated Water Transmission Main Along New Hope Road. 1.02 "BCRUA" means the Brushy Creek Regional Utility Authority. 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 Percentages for Segment 1" means the percentage of the Right -of -Way and/or Easement Acquisition Costs to be paid by each Party for Segment 1. The Cost Allocation Percentages for Segment 1 for each Party are as follows: Cedar Park: 14.18% Leander: 47.26% Round Rock 38.56% 1.06 "Cost Allocation Percentages for Segment 2C" means the percentage of the Right -of - Way and/or Easement Acquisition Costs to be paid by each Party for Segment 2C. The Cost Allocation Percentages for Segment 2C for each Party are as follows: Cedar Park: 00.00% Leander: 48.22% Round Rock 51.78% 1.07 "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. 1.08 "Easement(s)" mean the easements, individually or collectively, identified by type (temporary or permanent) on the tracts of real property identified on Exhibits A and B. 040109 Page 2 of 10 1.09 "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. 1.10 "Leander" means the City of Leander, Texas. 1.11 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or collectively, as applicable. 1.12 "PDR" means "Preliminary Design Report" or "PDR" means collectively the following described documents: (i) Treated Transmission Main, Segment I PDR, "Brushy Creek Regional Utility Authority 78 -inch Water Transmission Main Preliminary Engineering Report: prepared by Lockwood, Andrews & Newnam, Inc.; dated May 2007 and (ii) Treated Transmission Main, Segment 2C PDR, "Preliminary Engineering Report — Treated Water Transmission Line Segment 2C" prepared by K. Friese & Associates, Inc., dated September 2007. 1.13 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared by HDR Engineering, Inc. and dated November 2006. 1.14 "Project Schedule" means the schedule for the completion of the Regional Project as set forth in the PER and further refined in the PDR. 1.15 "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 and further refined in the PDR. 1.16 "Right -of -Way" means the Right -of -Way on the tracts of real property identified on Exhibits A and B to be secured by Cedar Park for the alignment of New Hope Road. 1.17 "Right -of -Way and Easement Acquisition Contract(s)" means any contract(s) for the acquisition of Right -of -Way and/or Easement, whether temporary or permanent from the owners of the tracts of real property identified on Exhibits A and B. 1.18 "Right -of -Way and/or Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to acquire the Right -of -Way and/or Easements identified by type (temporary or permanent) for Segment 1 or Segment 2C on the tracts of real property identified on Exhibits A and B. "Right -of -Way and/or Easement Acquisition Costs" include, but are not limited to, the estimated cost of acquisition for the Right -of -Way and/or Easements as set forth on Exhibits A and B. The Cities agree to provide a contingency of forty percent (40%), in addition to the estimated cost of acquisition for the Right -of -Way and/or Easements, if additional costs are necessary, and, the costs for condemnation legal services as agreed upon by all parties in the Interlocal Agreement Regarding Condemnation Legal Services for Regional Water System, Exhibit C, and the costs for updates to real property appraisals per Sec. 2.01 (c) of this Agreement, if and as necessary. Each Party shall bear its share of the Right -of -Way and/or 040109 Page 3 of 10 (e) 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 Right -of -Way or Easement 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: 040109 Page 6 of 10 Easement Acquisition Costs in accordance with the Cost Allocation Percentages set forth herein. The Cities agree that Cedar Park alone shall pay for the acquisition costs of the fee simple value of New Hope Right -of -Way; and Leander and Round Rock shall pay twenty-five percent (25%) of the fee simple value of the New Hope Right -of -Way for acquisition of the easements (temporary or permanent) for the Treated Water Transmission Main as described in Section 1.12 herein and in Exhibits A and B. 1.19 "Round Rock" means the City of Round Rock, Texas. 1.20 "Segment 1" means those Easements, whether temporary or permanent, and Right -of - Way described in Exhibit A. 1.21 "Segment 2C" means those Easements, whether temporary or permanent, and Right -of - Way described in Exhibit B. II. RIGHT-OF-WAY AND EASEMENT ACQUISITION CONTRACTS 2.01 Right -of -Way and Easement Acquisition. (a) In accordance with the PER and the PDR, the Parties expect to acquire the Right - of -Way and/or Easements for the purpose of constructing a treated water transmission main. The treated water transmission main will be an integral part of the Regional Project. The estimated cost of acquisition to be paid for each Right -of -Way and/or Easement as a component of the Right -of -Way acquisition is set forth on Exhibit A and Exhibit B. However, the Parties acknowledge that the acquisition cost for each Right -of -Way and/or Easement shown on Exhibit A and Exhibit B is an estimate and may not reflect the total compensation actually paid to acquire each Right -of -Way and/or Easement. The Parties agree that revised Exhibits reflecting the actual costs paid for acquisition for each Right -of -Way and/or Easement, including the cost of any appraisal update required for a particular parcel, shall be set forth in Exhibit A-1 and Exhibit B-1, which shall be appended to this Agreement. (b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the Right -of -Way and Easements shown on Exhibit A and Exhibit B, either by (i) entering into one or more Right -of -Way and/or Easement Acquisition Contracts for the Right -of -Way and/or Easements or (ii) duly exercising its eminent domain authority to acquire one or more of the Right -of -Way and/or Easements if the exercise of such authority is necessary. Leander and Round Rock agree that Cedar Park shall acquire the Right -of -Way and Easements in its name on the condition that Cedar Park shall acquire the Right -of -Way and Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR 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 acquisition of the Right -of -Way and Easements on the condition that Cedar Park shall acquire the Right -of -Way and/or Easements for the benefit of the Parties in the proportionate shares set forth in the PER and the PDR, as described in Sections 1.05 and 1.06 herein, and for use as planned in the Regional Project. However, Cedar Park shall not enter into, modify, or amend a Right -of -Way and/or Easement Acquisition Contract to provide for a purchase price for Right -of -Way and/or Easement in excess 040109 Page 4 of 10 of the Right -of -Way and/or Easement Acquisition Costs for each Right -of -Way or Easement as set forth on Exhibits A and B plus a contingency of forty percent (40%), if necessary. (c) The Parties agree that it may be necessary to update some of the real property appraisals in order to finalize acquisition of Right -of -Way and/or Easements. The cost of an update, if needed, will be $1,750 per parcel with a maximum of 10 parcels as authorized under this Agreement. Each Party shall bear its share of these costs in accordance with the Cost Allocation Percentages set forth in Sections 1.05 and 1.06 herein. (d) Leander and Round Rock agree that any Right -of -Way acquired by Cedar Park will be utilized by Cedar Park for future improvements and construction of New Hope Road. (e) This Agreement does not obligate Cedar Park to acquire all of the Right -of -Way and Easements necessary to construct Segment 1 and Segment 2C of the Regional Project. Cedar Park will participate in all Right -of -Way and/or Easement Acquisition Costs for the acquisition of Right -of -Way and Easements for Segment 1 and up to $1,500,000 in Right -of - Way and/or Easement Acquisition Costs for the acquisition of Right -of -Way and Easements for Segment 2C. Any Right -of -Way and/or Easements necessary to construct Segment 2C that are not acquired by Cedar Park under this Agreement will need to be acquired by Leander and Round Rock under a separate agreement. III. PAYMENT OF RIGHT-OF-WAY AND/OR EASEMENT ACQUISITION COSTS. 3.01 Payment of Right -of -Way and/or Easement Acquisition Costs. (a) The Right -of -Way and/or Easement Acquisition Costs for Segment 1, shown on Exhibit A, shall be shared by the Parties according to the Cost Allocation Percentages for Segment 1. The Right -of -Way and/or Easement Acquisition Costs for Segment 2C, shown on Exhibit B, shall be shared by the Parties according to the Cost Allocation Percentages for Segment 2C. (b) Each Party shall pay its share of the Right -of -Way and/or Easement Acquisition Costs, whether for Segment 1 or Segment 2C, at or before the closing for each Right -of -Way and/or Easement to be acquired hereunder or at such other time as Cedar Park may reasonably designate. Leander and Round Rock shall promptly pay their respective shares to Cedar Park or to a title company as directed by Cedar Park from time to time. (c) The Parties agree that the total amount agreed to by all Parties under this Agreement shall be the total of the proportionate estimated costs set forth in Exhibits A and B, plus a 40% contingency for each parcel, plus a maximum, not to exceed, proportionate share of $1,750 each for no more than 10 parcels for updated appraisals, if required. (d) Within thirty (30) days after closing, Cedar Park shall convey title for each Easement to BCRUA in a form acceptable to all Parties. Cedar Park shall maintain all title and interests to Right -of -Way acquired under this Agreement. 040109 Page 5 of 10 (e) 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 Right -of -Way or Easement 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: 040109 Page 6 of 10 CEDAR PARK: 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Brenda Eivens Telephone: (512) 401-5020 Facsimile: (512) 401-5021 Email: roberts@ci.cedar-park.tx.us with copy to: Charles Rowland City of Cedar Park 600 N. Bell Blvd. Cedar Park, Texas 78613 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 L. Granger 223 W. Anderson Lane, Suite A-105 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attorneys@cityattomeytexas.com 4.09 Force Majeure. Parties shall not be deemed in violation of this Agreement 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. 040109 Page 7 of 10 4.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A: Segment 1 Transmission Line—Right-of-Way Acquisition Costs and Temporary Construction Easement Acquisition Costs prepared by Lori Bible, LAN ROW Services (Pages 1 — 4) Exhibit B: Segment 2C Transmission Line — Right -of -Way and Easement Acquisition Costs prepared by K+Friese & Associates, Inc. (Pages 1 — 3) Exhibit C: Interlocal Agreement Regarding Condemnation Legal Services for Regional Water System (pages 1 — 9) 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. ATTEST: Sara White, City Secretary CITY OF ROUND ROCK: Alan McGraw, Mayor Date: 5 . 4.06( 040109 Page 8 of 10 ATTEST: Le Quinn, City Secretary 040109 CITY OF CEDAR PARK: : BY Bob Lemon, Mayor Date: � .-��� _. 6' 9 Page 9 of 10 ATTEST: Debbie Haile, City Secretary CITY OF LEANDER: By: Date: y 040109 Page 10 of 10 ohn Cowman, Mayor `0/)l7 Right of Way and Easement Acquisition Costs Permanent a Easement r"„,oxe j CO Q n 1p9 8 O N A N W 8 IC/ a N N V) U� < (O 4 d V) S 19 S O 8 8 CV ^ m 0 N H 4i 0 03 88 ' r 4, H O N Q CO 1 49 Permanent Easement Are ten 10 pH O N N N 1+1 Qci c 8j Q n d O I Temporary Easement Cosezmol 8 N N 4i 8 !D (0 *9 O) cop �DO�_ N10 49 tD i" V 4; .- Q N N N CO - N N e9 « r+J m 69 r Ifs O 0'n 4f -0 9 .- — 9 49 n r A 4) A prig Oi 19 8 uj r r- N K d ' 40 Temporary Easement Area tan QN N d Q Q N N O N N N N 8 0) O y n Value of Right of Way Slope Easement Cost M W 44 (pp9 4) e9 w 8 A w 49 (4 4) 4) w $ 27,310.50 lROW Cost 8 [O+CV CO 19 OA 69 N r[]n tD N .. rn m 4. pN r0 rQpppy8 69 pM �O j O N 0) $ 79,570.40 O 04 49 N 03 c0 N 69 01O a N 6�9 l COQ N 69 S 398,587.10 p O M 8 Q N CN) Q 4) N a 69 r d 49 O Q 4F 14Oi O d W O tr) W S Q 69 0 8 N 4/) 8 N N 8 .- M 00N N 43 8 N W S t4) 4. rrOD 8 f7 4> N Q V) Area (sr) t7 N O M : M r 8 N O N 8 a8D W 8tp O 0 m od m N n N ro 42292 16.117 sc. remainder of 479.720 ac.Vol. 2638, Pg. 477 D.R.W.C.T. 20.718 ac. remainder of 37.022 ac. Doc. No. 2006033489 O.P.R.W.C.T. 13.252 ac. Doc. No. 2005040859 O.P.R.W.C.T. 4.849 ac. Doc. No. 9617087 O.R.W.C.T. 8.00 ac Doc. No. 9511878 O.R.W.C.T. 3.70 ac. Doc. No. 9528570 Tract Two O.R.W.C.T. 5.044 ac. Vol. 837, Pg. 705 D.R.W.C.T. 4.0035 ac. Doc. No. 2006009983 O.P.R.W.C.T. 5.06 ac, Doc. No. 2002016247 Tract 1 O.P.R. W.C.T. 0.47 ac. Doc. No. 2002016247 Tract 2 O.P.R.W.C.T. Lot 3, Block B Post Oak Estates Cab. N, Sid. 174-176 P.R.W.C.T. 2.169 ac. Doc. No. 2005023893 Tract 2 O.P.R.W.C.T. Lot 7, Block B Repiat of Lots 2, 3, 4, 7, 8, and 9 Post Oak Estates Cab. 0, Sld. 123-124 P.R.W.C.T 1.28 ac. Doc. No. 2005023892 O.P.R.W.C.T. Lot 6, Block B Post Oak Estates Cab. N, Sld. 174-176 P.R.W.C.T F U d 0 8 N m 0 z U U N -4- 20.34 ac. Vol. 840, Pg. 438 D.R.W.C.T. 25P1 Glenn R. Warren, Trustee 3.00 ac. Doc. No. 2000000802 Exhibit B' O.P.R.W.C.T. VS Cedar Park, LTD. Cedar Park Health System, LP Good News United Methodist Church Tommy D. Holingsworth & Elizabeth V. Hotngsworth James H. Palmer & Judy West Palmer James H. Palmer & Judy West Palmer Lester L. Hahn & Bonnie Hahn Lionel D. Devine Elaine Louise Lansford, Daniel Clark 'Lansford, Ralph Edward Lansford Elaine Louise Lansford, Daniel Clark Lansford, Ralph Edward Lansford 4-, 49 0' Y. 0 N a m 12 to fr John Terrell Williams E 3 — H L Di Paul W. Diedrich & Sarah J. Diedrich � c to V .. N O) {0.VCV " r a0 W N N N N ! § } ! \ A' ! J 1 Permanent Easement r,..•PMO CO\ - \ - 2 - - - - - © . $ 404,626.50 t I $ 368,800.48 6773,427 $309,371 61,082,798 Permanent Easement Area AEA 49 ) Temporary Easement Cestml _ CO § a. § Temporary Easement Area ran - $ 3,090,306.68 I $ 42,312.60 t Value of Right of Way 2 }:) m r:la . ., ROW Cost 5 659,893.25 } \ \ \ 5 12,436.00 $ 4,992.00 $ 18,812.20 \ \ 7 § f / $ § f f § § 69 § q Totals Totals w!o Contingency 40% Contingency Total with 40% Contingency 01 ■ m- 1.-.0§ v. ~ 1248 4703.05 \ \ k 18.417 ac. remainder of 19.31 ac. Doc. No. 2000000802 Exhibit "A" O.P.R.W.C.T. 52.8 ac. remainder of 149.954 ac. Vol. 483, Pg. 475 D.R.W.C.T. Doc. No. 2002089298 O.P.R.W.C.T. 5.00 ac. Doc. No. 2007045838 O.P.R.W.C.T. Lot 3. Block "A" Lakewood Country Estates Phase One Cab. C, Sid. 295-299 P.R.W.C.T. 2.51 ac. Doc. No. 2004080119 O.P.R.W.C.T. Lot 4A, Block ''A" ResubdIvislon of Lot 4, Block A Lakewood Country Estates Cab. G. Sid. 13 P.R.W.C.T. 2.51 ac. Doc. No. 2007019484 Tract Two O.P.R.W.C.T. Lot 4B, Block "A" ResubdIvislon of Lot 4, Block A Lakewood Country Estates Cab. G, Sid. 13 P.R.W.C.T. 5.01 sc. Vol. 2059, Pg. 472 O.R.W.C.T. Lot 5, Block "A" Lakewood Country Estates Phase One Cab. C, Sld 295-299 P.R.W.C.T. 2.51 ac. Vol. 1591, Pg. 128O.R.W.C.T. Remainder or Lot 6, Block "A" Lakewood Country Estates Phase One Cab. C, Sid 295-299 P.R.W.C.T. 3.803 ac. Doc. No. 2003017074 O.P.R. W.C.T. Lot 1A, Block "C" Resubdivlsioln of Lot 1, Block C Lakewood Country Estates Phase One Cab. 0, Sid. 309-310 P.R.W.C.T. 2.500 ac. Doc. No. 2006040523 O.P.R.W.C.T. Lot 18, Block ''C" Resubdivislon of Lot 1, Block C Lakewood Country Estates Phase One Cab. 0, Sid. 309-310 P.R.W.C.T. • 5.07 ac. Vol. 2496, Pg. 28 O.R.W.C.T. Lot 1, Block ''F" Lakewood Country Estates Phase One Cab. C, Sid. 295-299 P.R.W.C.T. Glenn R. Warren, Trustee Theophil R. Krienke & Sharon R. Krienke J. Preston Carlton Truett Dlegel & Larry Niemann, Trustee, of Travis County, Texas Randall L. Wrl•ht Todd Smith Famil Limited Partnershl• James R. Taylor & Sandra K. Taylor _ / } Richard K. Athey & Debbie Athey Robert S. Patterson & Dianna R. Patterson \ Se01/U9S M01: Nb'1 'aigi9 pot A 0 0 n • coaC • 0 o O 61 en CA 69 69A pi co v O ▪ N3 N CO W I26R I Carlos Easley 1 0.161 ac / 7,025 sf XI 7J n z 73 �m r Chris and Lana Massey Nathaniel (Nate) Klrby St. Mary Margaret Catholic Church OWNER 0.351 ac / 15,306 sf 0.543 ac / 23,656 sf 0.356 ac / 15,502 sfll m a ( 41 A $5,762 m 0) V m 0, CO VALUE OF IMPROVEMENTS A O 69 j N EA O11 C b9 V CII C DAMAGES/COST TO CURE b9 O W V W 63 O COO VI 00 01 COJI W (31 % OF RIGHTS FOR ROW AND FEE SIMPLE LAND TOTAL VALUE OF EASEMENT VALUE ROW WATERLINE ACQUISITION EASEMENT COSTS Lr9 v A CJI A CA G.3 $84.017 69 01 N W coi N 1 0 N o 0 N Co 0 N 0 0 h9 CD W O C11 CO N -. m 0 CO W • 3 m m • T N C D • z :: ca • g (• 71a - O H Z z m DJo I.'6d`V119WX3 EXHIBIT A, PG. 3 of 4 LEGEND TEMPORARY CONSTRUCTION EASEMENT / 03N Ag , vg.0 \\-EN?G - �2 9A \0��5Z�5¢jvC 2' \9 0-C°11 CALLED 9.159 ACRES CRAIG D. EDWARDS AND JILL K. EDWARDS FILED: NOVEMBER 12, 2007 GP -s P �E,O 'VA P93$ 5 �P\ A•+s953 (• \99 O0G.5SZ \8 s 02 �X GPS p 5 5Y.i. D5 \99� J0�g0\- o �BG- 3. F \�Ep E GB -ai BRUSHY CREEK REGIONAL UTILITY AUTHORITY 78" WATER TRANSMISSION MAIN SEGMENT 1 TEMPORARY CONSTRUCTION EASEMENT mn L.odcwood, Andrew* &Ne inem,Inc. A LEO A DALY COYPA$T igen is Ha DM RLJ YC no. wax 11. TSPf INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL SERVICES FOR REGIONAL WATER SYSTEM THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: THIS INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL SERVICES FOR REGIONAL WATER SYSTEM ("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 Parlc"), 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, in order to pursue construction of the regional water supply system, the Parties may have to pursue condemnation to acquire necessary easements; and WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under which the Parties may authorize legal services in support such condemnation and under which the Parties will cost 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 Condemnation Legal Services for Regional Water System. 1.02 "Cedar Park" means the City of Cedar Park, Texas. :' %`I L pit{ -1(C% 1 ll. CONDEMNATION LEGAL SERVICES 2.01 Condemnation Legal Services. (a) The Parties hereby appoint and retain Kent Sick ("Sick") as Condemnation Counsel. Sick shall provide Condemnation Legal Services to the Parties in accordance with the provisions of the Agreement. The Parties may designate an additional firm(s) or attomey(s) to serve as Condemnation Counsel from time to time. (b) The Parties agree that Cedar Park will serve as the principal contact with Condemnation Counsel. Cedar Park will have primary responsibility to oversee and administer the Condemnation Legal Services, but shall do so at all times in cooperation with the D.O. Committee. 2.02 D.O. Committee Participation. (a) Each Condemnation Counsel shall work with and report to the D.O. Committee. The D.O. Committee shall prepare a schedule of meetings with each Condemnation Counsel that shall be approved by all members of the D.O. Committee. Cedar Park shall ensure that each Condemnation Counsel works cooperatively with the D.O. Committee. The foregoing shall not be construed to prohibit any Party from communicating directly with Condemnation Counsel regarding the Condemnation Legal Services without the presence or participation of the other Parties, or from meeting with Condemnation Counsel when it is not practicable to schedule a meeting with the D.O. Committee. (b) The D.O. Committee shall: (i) Attend and participate in regular meetings with each Condemnation Counsel to monitor the status of the Condemnation Legal Services and to provide direction and recommendations with respect thereto; (ii) Ensure that the Condemnation Legal Services are performed in accordance with the PER and the Project Schedule; and (iii) Address any other relevant matters relating to the Condemnation Legal Services. (c) Within five (5) business days of receipt of any reports or recommendations prepared by a Condemnation Counsel, the members of the D.O. Committee shall specify in writing to each other any objections regarding the draft reports, and any proposed revisions thereto. If any member of the D.O. Committee fails to object in writing to the report within five (5) business days, then that member shall be deemed to have approved the draft report. In the event that any member of the D.O. Committee timely objects to the draft report, then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the D.O. Committee cannot unanimously agree to the proper resolution within five (5) business days, then the D.O. Committee shall refer the dispute to the City Managers Committee. The City Managers Committee shall work diligently and in good faith to resolve any 3 ROUND ROCK: with copy to: Leander: with copy to: 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 Facsimile:(512) 218-7097 Email: inuse(c�round-rock.tx.us Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: slsheetsQsheets-crossfield.com 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 Diana Granger 223 W. Anderson Lane, Suite A-105 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attorneys@cityattomeytexas.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 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 4.11 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement 6