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R-10-03-25-10C2 - 3/25/2010RESOLUTION NO. R -10-03-25-10C2 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 Georgetown regarding placement of monument signs, 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 Georgetown, 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 thi s 25th day of March, ,. 010 . ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00186386.DOC/rmc THE STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT „A„ INTERLOCAL AGREEMENT FOR MONUMENT SIGNS BETWEEN CITY OF ROUND ROCK AND CITY OF GEORGETOWN This Interlocal Agreement ("Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS ("Round Rock"), a home rule municipal corporation of the State of Texas and the CITY OF GEORGETOWN ("Georgetown"), a home rule municipal corporation of the State of Texas. Round Rock and Georgetown are sometimes individually referred to herein as a "Party" and collectively as "the Parties". WHEREAS, the Texas Interlocal Corporation Act allows local governments to contract with one another to perform governmental functions and services; and WHEREAS, Round Rock and Georgetown mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically Sections 791.011 and 791.028 regarding contracts to perform governmental functions and services; and WHEREAS, the Parties each desire to place a monument sign in the extraterritorial jurisdiction of the other city as described in Exhibits "A", "B" and "C". NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. Each Party may install and construct one monument sign advertising the City in the extraterritorial jurisdiction of the other City without the necessity of obtaining a permit or paying any permit fees and as substantially described in Exhibits "A", "B" and "C". Each City will inspect the construction of its own sign. Georgetown shall maintain its sign as described in Exhibit "A" and Round Rock shall maintain its sign as described in Exhibit "B". 2. Term: This Agreement shall commence upon signing by both Parties and shall continue in force until terminated by formal act of the Parties to this Agreement. Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 1 of 5 3. Termination: Either Party may terminate this Agreement for cause by giving one hundred and eighty (180) days notice in writing of its intention to terminate to the other Party only if there is a material breach of this Agreement, for example the failure to maintain the sign. 4. No Other Relationship: No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between the Parties. 5. Current Revenues: The City of Georgetown will pay for the installation and maintenance of its sign from its current revenues. The City of Round Rock will pay for the installation and maintenance of its sign from its current revenues. 6. No Waiver of Defenses: No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within. 7. Five Year Review: This Agreement shall be reviewed by the Parties every five (5) years or as deemed necessary. 8. Amendment: This Agreement may be amended only by the mutual written consent of the Parties. 9. Governing Law and Venue: This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Williamson County. 10. Notices: All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when: (i) personally delivered to the intended recipient; (ii) three (3) days after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the Party to whom the notice was given; (iv) deposited into the custody of a recognized overnight delivery service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to such Party at the address specified below; or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile, telegram or telex is verified by the sender Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 2 of 5 and followed by a notice sent in accordance with one of the other provisions set forth above. For purposes of this Section, the addresses of the Parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): City of Round Rock Attn: City Manager 221 East Main Street Round Rock, Texas 78664 Phone: (512) 218-5565 Fax: (512) 218-7041 City of Georgetown Attn: City Manager P.O. Box 409 Georgetown, Texas 78627-0409 Phone: (512) 930-3723 Fax: (512) 930-3622 11. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event or default or a breach of this Agreement to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default, including but not limited to Acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosions, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the Parties. 12. Entire Agreement: This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained herein. The Parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each Party and duly executed by both Parties. 13.Approval: This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. 14.Assignment: Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. 15. Non -Appropriation And Fiscal Funding: The obligation of the parties under this Agreement do not constitute a general obligation or indebtedness of either Party for which subject Party is obligated to levy, pledge, or collect any form of taxation and such obligations may be terminated at the end of the Party's fiscal year if the Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 3 of 5 governing body of such Party does not appropriate sufficient funds to continue the projects provided under this Agreement. 16. Paragraph Headings: The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 17. Dispute Resolution: If a dispute arises under this Agreement, the Parties agree to first try and resolve the dispute by referring same to the City Managers of Round Rock and Georgetown. Round Rock and Georgetown hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding. 18. Severability: The Parties agree that in the event any provision of this Agreement is declared invalid by a court or competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The reminder of the Agreement shall be in full force and effect. 19.Open Meetings: The Parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551). 20. Counterparts: This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. 21. Effective Date: This Agreement is made to be effective on the latest date accompanying the signature lines below. (Signature and Notary pages follow) Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 4 of 5 APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held on day of the month of , 2010 and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Round Rock, Texas ATTEST: Sara L. White, City Secretary APPROVED AS TO FORM: Stephan I. Sheets, Sheets & Crossfield, P.C. City Attorney for City of Round Rock APPROVED by the City Council for the City of Georgetown, Texas, in its meeting held on day of month, 2010 and executed by its authorized representative. APPROVED AS TO FORM: rtimk sipt„A„,,/ Mark T. Sokolow City Attorney for City of Georgetown CITY 0 EORGETOWN, TEXAS By:George Garver, Garver, Mayor Georgetown, Texas Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 5 of 5 EXHIBIT "A" IL f {• 7 l //�% '/ ,/ 11 ,i{ I t \7 7, / i i i/ / , 7 \ I / / , i / / ' /7 / J/J/ /��� / i // / / . / ' 71 1 / / / 1 // // ),>///II//,// I / i ;/1 f1 rr „Ilit I / '/ / / r!l 'i// r 1 f I 1 I If / / 1 fir/ 1 1 1 1 1 1 1 0 (lin I 1 1 1 1 1 1 ,d 'It I 1 1 1! 1 1 1 1� t` 1 a I1 i; 1 I i j/ t j l I t 1 I II IJ r { 1 { I l 1 1l I 1 1 1 1. i S I it i ; 11 ', i 1 t -� i 1 1 ' Fes,. \\ I t I ' \ N. 1 I I 1 ``�� I I 1 II N N. I 1 t 1 11 1 \ I \ I 11 \ i ` 1 1 \ l y I t t 1 _�.1__i 1 1 t 11ty vv \ r�— t i r1 .r" \ ' I \_7'� 11 / 1 / II A / / /// // 1 1 • tTk il1 -------- , r , - r-, r) •• ....-!. (-, ,.---, 2 ,.., ,-, L ! ,___. , • - .- 1 I 4 r . , . •-,--,,,,,) i- , , . , .-,,,, -1 + ,---I----"—i I 4 • ; , TT— --- , 1-- ' • , , . : • '.-1 1'1'5 —2;—H• ', i • . u) , . r ' * ,_ .1 i ...... '1...7.A. . . • t_ • _;LI 4 I t,. "{' fi+=h•#�Ci r�31.'y�r"}']iv(Ci 1rYL::J , { t i i 1 I 1 EXHIBIT "B" EXHIBIT C - CONSTRUCTION PLANS (60-L L-90) SJNIMVaa NOILOfkIISNOO NIS ,1VM31VO )IOOa aNflO21 APPROVED FOR CONSTRUCTION BY: 8 SHEET INDEX: DESCRIPTION J 0 Z U Z K O - QP. fU z x3. w U Q O • QKZW wW O `Z¢WaZ WVgN zzoZog z1ZZZZZW1 WPDL,,M 7(JUWYW 2SJJ W UOD_WWW Wm d000<< NK50 W O W W NWW WWEEcl 0 fel- % J J J ...... FF 0 Z W Z H F 1- 0 WWW W W J J H Q I L 0 w J 0 0 0 0 0 0 0 0 W W N T g N ffr •- N C') 10) 1A ZJJJJJ Jf/7 fi fll fli ViW W CONSULTANTS: 40 Pei 1 ANDj/1dliil F9[•7�L�I�1�Yi3•INZECl os SI 111 OVOL 3Sf1OHONLLS3M ONY 2E -HI ONf1O9HJMOS u6ig Kenna;eg loon punob ;o A;gip lz .k•:..• 1.1 _ N' 6 1 211 E9.6 1111! PPLEMENTAL CONSTRU 1 • N N • '' PRODUCT SPECIFICATIONS I 17 is .!€ € lie qivi 40 paipi ;iih4 113 pill; 01'1 IP 111 .11 of 14 ONE E11���1V;e lig qi °Es 111 i-ip IF VII gill 1x • ION & SEDIMENTA I • ` • ` ' • ` • ex st 1112 11 114 fR41 1111111 g.i@ ri s 111 IL !I (WON 3S(IOHONLLS3M GNV S£ -HI ONnoUH1nos u6ls AL'Ma;69 Iooa punoa ;o 4;13 OVO 13Sf1OHONUS3M ONV SE -HI QNloBH1nos UGIS AeM3;B9 4008 puno I o';!3 PLANT LEGEND Qty. KEY COMMON NAME SCEINTIFIC NAME SIZE SPACING DESCRIPTION K 14-16' HT. Container grown, 6 deer hunk 14.16' HT. Container grown. 6' deer bunk ORNAMENTAL GRASSES f Z `e 8 4 E Z e 8 2 1O y 2 O g U B11 n n g m fp O 2 Z< s N LM Oak a $ € V i 8 2 i . 0 ©o J 10 Ai 1 14 g 51 1 OVoa 3snOHONIIS3M ONV SE -HI ON000Hlnos u6is A6MO;69 moot punoa ;o /[;!3 y II i 161621Pagm B1 1 t.70gd id; pAwx 10; 1!1;11; Xr� N n • a iiis W ; W Vg 5z U 0 z 0 0 U Z 0 U � Q Z O 0 o 00 Z 0 NI - LIZ H J Z Caw 1- °3 ty V 1€ _88 s g o o G i t agxo S ? a ''ii !II ; 11.! 3 e 6S0 i h OMA "§ fig a h; lig ;64 I „0ip VIM. m=m m7W fl01Oil Y '' 8 3 w 0 z 0 0 H 0 SILT FENCE DETAIL Wm CE z z W z 0 H 0 1- H z O V O W MJ W S 4 MY W 0 z W J; OVOH 3Sf1OHONIIS3M ONV St -HI ONE OSHIf10S u6lS /;rzMO;@0 )taoa punoa ;o 413 OVOH 3Sf1OHONLLS3M ONV St -HI ONlo9H1loS U6!S AcMeleg moot' punoa ;o A;13 QVO21 3S(IOH9NLLS3M aNv St -HI aNnowunos uBig a(enna;e9 400a punou ;o A;!3 G 2 CX 6 O O m ro y0 rn aThgg OiNI BOf BERM RETAINING WALL idVJs 1VAO4ddV iJ C 0 r k S ION NOUViiN(l 11=III=1 i C 111" =III ' 1—II=I 1i-111 `111- =1 � I ch Gateway @ Round Rock 1-35 at Westinghouse Rd. Round Rock, Texas Start Date: 011209 Last Revision: Jobp: 92J878 Dwg #: 92J878av2sigaleway Design Rep. Ben Anglin Sales Rep. Bob Strobeck • Client Approval Landlord Approval r 1 '01m? $.--i ,,,ii g MEMBER( Utx�._91 «R..Wr LISTED ytl Loa.::....�rt. z• Z. iNI 80f 0 f 1YAOBddV 531ON N011tlD188tli 0F. 0 ^ • dI8IS MOW .91 0 Y 00 z 0 F 0 0 V v o® a®o z z W N Va~ Plow o„®P a w z bsaw "Iry No— 0 o 1 a 0 Q • M. • Gateway@ Round Rock 1.35 at Westinghouse Rd. Round Rock. Texas Start Date: 01/24/09 Last Revision: 06/08109 Job#:92J878 Dwg #: 92J878cv2stgaleway Design Rep. Ben Anglin Sales Rep, Bob Strobeck %5i s y 'ti $ ., .PRO ., .::: gg - � S : 0 ' cd�� w L F. Z 1N3ro OJNI20f. 31V15 -.. S31C1h Ml (\DIU9tii 2 0 0 0 aE. j • Uplighting with one Il l eW Blast fowercote white LED floodlight (se • Electrical regmc 120 volt to be Installed Gateway @Round Rock I 05 at Westinghouse Rd. Round Rock, Texas Start Date: 01/24109 Last Revision:06110/09 Job#: 92J878 Dwg 12: 92J878av2s5 Design Rep. Ben Anglin Sales Rep. Bob Strobeck ----rlt ci • : "°4"I go, liV1S NEL LETTERS TVAOHddt, NOlV)utiv.,1 0 )4 )11 15.1 - Gateway @ Round Rock 1-35 at Westinghouse Rd. Round Rock, Texas Start Date: 01124109 Last Revision: Job#: 92J878 Dwg #: 92J878av2s4 Design Rep. Ben Anglin Sales Rep. Bob Strobeck Client Approval Land lor'• ADorovn, � vy O Wz1�}:I:7: .41.." (x Da� H O C Z 7 O It: L • Z Li v G Z CHANNEL LETTERS LLl 0 :J Scale: 3/16-= 1'-0" i3V1z 1 9 IVAOHddV S31ON NOUy)I119Vi z r! v / Z9iT -1762 (Z lc) OZ98L XI 's6upds butddpa L D1S pet suoutwoj 001. 0 NP_iii-A 1\1101\1] :.iV_I_SJAA SCIXal '1308 puriOd (1? 3S110HONIIS3M 1V c;c7HII NOL ,,L\ v AA "-I i ,v: .'. i ' 1 1 li : • 1 ' 1 i , , 1- 1 ,•_.<, ''H ; i i b . tii Li '— Lj j Gateway Q Round Rock 1-35 al Westinghouse Rd. Round Rock, Texas Start Date: 01124/09 Last Revision:6/10/09 Job#:92J878 Dwg A: 92J878av3s5 Design Rep. Ben Anglin , Sales Rep. Bob Strobeck 2 \! 7 1 F j44OTiO F. OH.iix.:P.f N.$i•Nit r 4' -3c -c7 MEMBER �4o LISTED 3 0 0 cc CC CHANNEL LETTERS TVAOHddV I. ALL WORK TO BE DONE PER NEC. LOCAL CODES AND ONCORE UTILITY CRITERIA WHERE APPLICABLE: t. CONFIRM PANEL SP LOCATION AND CONCEAL AS CODE ALLOWS WITH PROPER ACCESSES AND CLEAR 4. PROVIDE WEATHER PROOF GPI OUTLET ADJACENT TO PANE 7, PROVIDE AS -BUILT DRAWINGS UPON COMPLETION; S31ON NOW/NIS Vi 0 \ $ q a. m w ! a| )# 2 % § `■ °\ ;s . I ■: 9!' SRR \' /--\ !! --©a,wgR@AX. 6 —axaa/2 ; a; 7 !/a ` a / _ f - ® �`■ » q !� } _ } 1 EXHIBIT "C" Proposed Location < for City of Round Rock { Highway Monumets A Georgetown ETJ ar 4 z Proposed Location City of Georoetown Round Rock ETJ Proposed Highway Monument itY of Georgetown n Location Map Highway Monumets N Not To Scale DATE: March 18, 2010 SUBJECT: City Council Meeting — March 25, 2010 ITEM: 10C2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the City of Georgetown regarding placement of monument signs. Department: Staff Person: Justification: Administration Jim Nuse, City Manager Both Round Rock and Georgetown are in the process of building gateway signs. The location Georgetown has chosen is in our ETC and our location is in theirs. This Interlocal Agreement gives each city the ability to build the gateway signs. Strategic Plan Relevance: Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Public Comment: N/A L H I. IH48 GEORGETOWN TEXAS February 25, 2010 Mr. Jim Nuse City Manager 221 E. Main Street Round Rock, Texas 78664 Ciiy HALL CITY OF GFORGE TOWN Re: Interlocal Agreement for Monument Signs between the City of Round Rock and City of Georgetown Dear Jim: Enclosed are duplicate originals of the Interlocal Agreement for Monument Signs between the City of Round Rock and City of Georgetown which our City Council approved on February 23, 2010. Once the Round Rock City Council has approved the agreement and the documents have been fully executed, please return one of the originals to us for our files and retain the other original for yours. We appreciate the cooperative effort between Round Rock and Georgetown with regard to this important gateway signage for both of our cities. Thank you. Sincerely yours, Paul E. Brandenburg City Manager Attachments cc: Terry Jones Construction Manager Mark Sokolow City Attorney Jim Briggs Assistant City Manager for Utility Operations 113 E. 8''' St. P.O. Box 409 Georgetown, Texas 78627-0409 (512) 930-3652 (512) 930-3622 (fax) www.georgetown.org msfigeorgetowntx.org EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS COUNTY OF WILLIAMSON INTERLOCAL AGREEMENT FOR MONUMENT SIGNS BETWEEN CITY OF ROUND ROCK AND CITY OF GEORGETOWN This Interlocal Agreement ("Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS ("Round Rock"), a home rule municipal corporation of the State of Texas and the CITY OF GEORGETOWN ("Georgetown"), a home rule municipal corporation of the State of Texas. Round Rock and Georgetown are sometimes individually referred to herein as a "Party" and collectively as "the Parties". WHEREAS, the Texas Interlocal Corporation Act allows local governments to contract with one another to perform governmental functions and services; and WHEREAS, Round Rock and Georgetown mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically Sections 791.011 and 791.028 regarding contracts to perform governmental functions and services; and WHEREAS, the Parties each desire to place a monument sign in the extraterritorial jurisdiction of the other city as described in Exhibits "A", "B" and "C". NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. Each Party may install and construct one monument sign advertising the City in the extraterritorial jurisdiction of the other City without the necessity of obtaining a permit or paying any permit fees and as substantially described in Exhibits "A", "B" and "C". Each City will inspect the construction of its own sign. Georgetown shall maintain its sign as described in Exhibit "A" and Round Rock shall maintain its sign as described in Exhibit "B". 2. Term: This Agreement shall commence upon signing by both Parties and shall continue in force until terminated by formal act of the Parties to this Agreement. Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 1 of 5 IL -IV rO3--?S-tOc2. 3. Termination: Either Party may terminate this Agreement for cause by giving one hundred and eighty (180) days notice in writing of its intention to terminate to the other Party only if there is a material breach of this Agreement, for example the failure to maintain the sign. 4. No Other Relationship: No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between the Parties. 5. Current Revenues: The City of Georgetown will pay for the installation and maintenance of its sign from its current revenues. The City of Round Rock will pay for the installation and maintenance of its sign from its current revenues. 6. No Waiver of Defenses: No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within. 7. Five Year Review: This Agreement shall be reviewed by the Parties every five (5) years or as deemed necessary. 8. Amendment: This Agreement may be amended only by the mutual written consent of the Parties. 9. Governing Law and Venue: This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Williamson County. 10. Notices: All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when: (i) personally delivered to the intended recipient; (ii) three (3) days after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the Party to whom the notice was given; (iv) deposited into the custody of a recognized overnight delivery service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to such Party at the address specified below; or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile, telegram or telex is verified by the sender Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 2 of 5 and followed by a notice sent in accordance with one of the other provisions set forth above. For purposes of this Section, the addresses of the Parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): City of Round Rock Attn: City Manager 221 East Main Street Round Rock, Texas 78664 Phone: (512) 218-5565 Fax: (512) 218-7041 City of Georgetown Attn: City Manager P.O. Box 409 Georgetown, Texas 78627-0409 Phone: (512) 930-3723 Fax: (512) 930-3622 11. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event or default or a breach of this Agreement to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default, including but not limited to Acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosions, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the Parties. 12. Entire Agreement: This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained herein. The Parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each Party and duly executed by both Parties. 13.Approval: This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. 14.Assignment: Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. 15. Non -Appropriation And Fiscal Funding: The obligation of the parties under this Agreement do not constitute a general obligation or indebtedness of either Party for which subject Party is obligated to levy, pledge, or collect any form of taxation and such obligations may be terminated at the end of the Party's fiscal year if the Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 3 of 5 governing body of such Party does not appropriate sufficient funds to continue the, projects provided under this Agreement. 16. Paragraph Headings: The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 17. Dispute Resolution: If a dispute arises under this Agreement, the Parties agree to first try and resolve the dispute by referring same to the City Managers of Round Rock and Georgetown. Round Rock and Georgetown hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding. 18. Severability: The Parties agree that in the event any provision of this Agreement is declared invalid by a court or competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The reminder of the Agreement shall be in full force and effect. 19.Open Meetings: The Parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551). 20. Counterparts: This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. 21. Effective Date: This Agreement is made to be effective on the latest date accompanying the signature lines below. (Signature and Notary pages follow) Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 4 of 5 APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held on day of the month of , 2010 and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: ATTEST: Sara L. White, City Secretary APR s VED AS T %� Steph : n L Sheets, Sheets & Crossfield, P.C. City Attorney for City of Round Rock Alan McGraw, Mayor Round Rock, Texas APPROVED by the City Council for the City of Georgetown, Texas, in its meeting held on day of month, 2010 and executed by its authorized representative. CITY OFEORGET N, TEXAS Byt George arver, Mayor Georgetown, Texas EST: Je$sa Hamilton City Secretary APPROVED AS TO FORM: rl Jt Mark T. Sokolow City Attorney for City of Georgetown Interlocal Agreement For Monument Signs Between City Of Round Rock And City Of Georgetown Page 5 of 5 EXHIBIT "A" 0 oz IN; r 1_ lopft EE 184 r —1 TV-jXA AW !N' l 9c Coy - -- --1 — 1/ 1 - -/ / _•/j —--I —I--/ —5—/--" ,—.,,-- --/---I--_ —• , . /_-7 // /7 ./_ ",_/-, 3. , 3- • i\) / // / , - . 17, /7• , -,--..- .\„• — 'N _\7 — -_-)_ _ - 7 '1ir 1) \I _ // // ;,>//7 // 1 7 / -, \;// / ,\ / / / ,, , / //„/ 4 /1/77,, , // !//ri /1,// t ! i 1 i r r 4 1 1 1 1 i/11/ ,8 1 I i i11 iII li 10I iI 1 , . k , 1\‘l .._ •./.-• ,•/• . 1 4' 4 /1 1 1 ) I 1 \\ f1I 1 i L 1 ,-_- I 1 \ l \ \ , _ \ \ I \ 7 1 / \ //\ --_—_7 — \\ s \\ —_ _ --- i , --,-_. _— 1 TT r -- \ t AL - - - - - WOH ro,-O' ol .. � Com✓.- -'a'3Na"J :J--1.�,rrrv�i i� 'fie=:.J' � \3- ����.ly-ez�- C�- .....,\,:\ \ \\�. G � �(��=7P1' :�'11�Vii; r1,�J+•�"h=i "_-_-� � ` `� - - - k i i r I. I I . . • . LUJ , J • 7 No Text ..__._. 1 .�'y,'�$:} 4 f� I I��I/'1���^`� �'�hl' I-t f a✓:-�L% RC.�... I-aN k74 �^ \ ,} : CNi , , . I 1� Q �l I �I /i Iti }... _ i \ g: .V, 4, 77 1 EXHIBIT "B" CO z z 0 17- 0 z 0 U 0 2 X W w 0 (60 -LI -90) SDNIMY O NOI1Ofkl1SNOO NOIS AVM31VJ )100H GNI-1O21 APPROVED FOR CONSTRUCTION BY: SUBMITTED FOR CONSTRUCTION BY: SHEET INDEX: DESCRIPTION uJ Lu J 0 K Z O O ¢ ▪ J W F W Y J W U K¢ z0 w z W Fr W UJ m 0 0 00 Z W z Z▪ zzo��LJ11 w w w a¢ zag0awaz?zztw w a p z z z¢¢ v� W r 7 c U w Y w 2 _? O a w w m rn m m a m U 0 U¢¢ cCr 5 3 co rl- -1 JJ JJJ�a >ZwgFF-1ww 0 0 w w w w w w W W J 000,3 000000000ww N dd z JJ Jq� �tn h m co co W W CONSULTANTS: 8 0 l __ 3snoHONLLS3M a_St-HI a__«_, u@site M039 loom punoHApo avos 3SnOHONI1S3M ONY SE -141 asnoasInos u6. Aemele9 nocva punou Jo Alia 1N31•13AVd 30 3003 #a,m____ CNV St -HI aNnomusios ■mss mme9 mooll punoHJo A!3 PLANT LEGEND Qty. KEY COMMON NAME SCEINTIFIC NAME SIZE SPACING DESCRIPTION { 2 3t ! 8t ORNAMENTAL GRASSES #! i !! { 7 / . /. ; 2 ■ ■ | ( ■| ±) _ Ouercua muhknbergll a I} 2 \/ } «d 00 OVOIi 3Sf1OHONIIS3M ONV SE -HI ONOOaH1f os U61S Aemawo 3poa punoa 4 U O a4 z D O 0 U z 0 1- U F CO zW 00 UZ 0 N H- �z mw 3 U 0z 0 x O H U SILT FENCE DETAIL 4.3 1 W 0 1- H z z 0 H 0 z 0 0 G W 01 N J Fcoio OVOL 3Sf1OHONIIS3M arm SE-HI ONf1OWHLnos u6lS /46Ma;e moot' punoa Jo Amp OVOlI 3SIlOH'JNLLS3M ONV SE-HI ONno9H1(los Usls Acme;6O )13071 punoa ;o IC;13 PLAN VIEW OVOH 3SnOHONI1S3M ONV SE -HI ONnoaHInos U6IS ABMs;BO )aob punoa ;o A;i3 6 a J cc W F- d d a= NpST i0CULPTURED6UlE ROCK WALL 9 0 CC '7" 4:1i rt4 ;5 g 1N511, OiNi 90(VjS BERM RETAINING WALL 1VAOriddV 0 0 I ON NCR; \i").:19,11 0 ci4 z E: 8 ji c v = rn 1= K C o 3 2 re S',,, - - o o -'.m o 9'� A w Design Rep. Ben Anglin ' Sales Rep. Bob Strobeck iW l A: $ K:c..VI `t. .;iy�j aTi '�9�'. .4 Jpt r0 m i i z z 0 1VA0 ddV Z 0 /4 5310N NOIIV3I88V3 L0' 0 Z 0 0 H Z z dais MOW .8I Gateway Round Rock 145 at Westinghouse Rd. Round Rock. Texas I Start Date: 01/24/09 Last Revision: 06100109 Job#:92J070 Dwg0:92J876cv2stgatewey Design Rep. Ben Anglin 1 Sales Rep. Bob Strobeck I I i To 1N317D OJNI 9 1VAO dda F -n C v / I43113 04N1 ea INAOHthit, N011 V >1VilV 0 z or4 z 0 1- 0 ; t I v 1" co Gateway @ Round Rock i I -3S at Westinghouse Rd. Round Rock, Texas Start Date: 01124/09 Last Revision: Job*: 92J878 Dwq #: 92J878av2s4 Design Rep. Ben Anglin Sales Rep. Bob Strobeck ■ li ave •.. ; lryy� +7- CHANNEL LETTERS Zo v di IS J 3 1VnouddV 0 30 xc V 3 O Z V 5310N NOIJ D J}V3 Z9rSf tg) 0,!: 99! Xi 'sbu!,ds 61.,!(-100 L rs P !uou..uo0 oat ON IdJANIONA VISJAt SDY.31. (rd ]SrlOHONI.1:-.; AN\ V L:c•HI N / AA Lii Gateway @ Round Rock h35 at Westinghouse Rd. Round Rock, Texas Start Date: 01/24109 Last Revision:6/10109 Job#: 92J878 Dwg #: 92J878av3s5 Design Rep. Ben Anglin Sales Rep. Bob Strobeck i < 2 ..... 0 @ 1=3 V n ,..,- = 6 Z ON or J3VIS 1V9021ddV S3LON NO11,01219V3 2 0 0 rp" 8 0 0 2. CONFIRM PANEL SP LOCATION AND CONCEAL AS CODE ALLOWS WITH PROPER ACCESSES AND CLEARNACES; 0 0 0 0 0 0 8 4. PROWDC ADE WEATHER PROOF GP OUTLET ADJACENT TO PANEL FOR MAINTNENANCE; 5 PROVIDE TYPEWRITTEN PANEL SCHEDULE IN PANEL SP: § :t19 2 2 2 8 i I A 9 -.6'.L6 '2 5.-7 A5, C\1 a_ EXHIBIT "C" y Proposed Location for City of Round Rock Highway Monumets i t Georgetown ETJ 3 I c ` rj r n r4, r M V.fit w xus x 3 j n ' mi+ k T' Wflg .'3J } 4^4.g,r3 %.i ^+ x w v f. �. s " , • � �i,i� 1� .t. ' Proposed Location Round Rock ETJ City of Georgetown Proposed Hiphway Monument City of Georgetown 1 Location Map , j Highway Monumets N Not To Scale