R-10-03-25-10D1 - 3/25/2010RESOLUTION NO. R -10-03-25-10D1
WHEREAS, the City of Round Rock has previously entered into
an Interlocal Agreement with the City of Cedar Park and the City of
Leander regarding Acquisition of Easements for Construction of a Raw
Water Transmission Line Along Trails End Road, and
WHEREAS, the City now desires to enter into a Second Amended
Interlocal Agreement to set forth the amended terms and conditions
pursuant to the acquisition of said easements by Cedar Park and the
participation of all costs and expenses related thereto, 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 the Second Amended Interlocal Agreement Regarding
Acquisition of Easements for Construction of a Raw Water
Transmission Line Along Trails End Road 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.
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00186515.DOC/imc
RESOLVED this 25th day of March, 2010.
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SECOND AMENDED INTERLOCAL AGREEMENT REGARDING ACQUISITION OF
EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE
ALONG TRAILS END ROAD
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THIS SECOND AMENDED INTERLOCAL AGREEMENT REGARDING
ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF A RAW WATER
TRANSMISSION LINE ALONG TRAILS END 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
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;
WHERES, as an integral part of the Regional Project, the Parties desire to proceed with
the acquisition of temporary and permanent easements for the construction of a raw water
transmission line generally following the alignment of Trails End Road located in Travis County,
Texas, and more particularly described in Exhibit A (the "Easements");
WHEREAS, the Parties previously entered into that one certain Interlocal Agreement
Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along
Trails End Road, which took effect on May 1, 2008 and was amended on July 24, 2008;
WHEREAS, the purpose of this Agreement is to set forth the amended terms and
conditions pursuant to which the Parties authorize Cedar Park to acquire the Easements and
pursuant to which the Parties will participate in all costs and expenses related thereto; and
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:
Page 1 of 9
EXHIBIT
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this First Amended Interlocal Agreement Regarding Acquisition of
Easements for Construction of a Raw Water Transmission Line Along Trails End 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 Percentage" means the percentage of Easement Acquisition Costs to be
paid by each Party. The Cost Allocation Percentage for each Party is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER, the PDR, and the Project Schedule.
1.07 "Easement(s)" mean the easement(s), individually or collectively, identified by type
(temporary or permanent) on the tracts of real property identified on Exhibit A.
1.08 "Easement Acquisition Contract(s)" means any contract(s) for the acquisition of an
easement, whether temporary or permanent, on the tracts of real property identified on Exhibit A.
1.09 "Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to
acquire the easements made the basis of this Agreement. "Easement Acquisition Costs" include,
but are not limited to, the Total Estimated Compensation, REVISED 11-20-09, for each
easement as set forth on Exhibit A plus a contingency of forty percent (40%). Each Party shall
bear its share of the Easement Acquisition Costs in accordance with the Cost Allocation
Percentage set forth herein.
1.10 "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.
1.11 "Leander" means the City of Leander, Texas.
1.12 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
Page 2 of 9
1.13 "PDR" means the "Preliminary Design Report for the Brushy Creek Regional Water
Supply Project — Phase 1 Raw Water Facilities, Floating Intake & Raw Water Pipeline" prepared
by Carter & Burgess, Inc. in conjunction with HDR Engineering, Inc. and dated October 2007
1.14 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared
by HDR Engineering, Inc. and dated November 2006.
1.15 "Project Schedule" means the schedule for the completion of the Regional Project as set
forth in the PER and further refined in the PDR.
1.16 "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.
1.17 "Round Rock" means the City of Round Rock, Texas.
II.
EASEMENT ACQUISITION CONTRACTS
2.01 Easement Acquisition.
(a) In accordance with the PER and the PDR, the Parties expect to acquire the
Easements for the purpose of constructing a raw water transmission line. The raw water
transmission line will be an integral part of the Regional Project. The Total Estimated
Compensation, REVISED 11-20-09, to be paid for each Easement is set forth on Exhibit A.
However, the Parties acknowledge that the Total Estimated Compensation, REVISED 11-20-09,
is an estimate and may not reflect the compensation actually paid to acquire each Easement.
(b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the
Easements shown on Exhibit A, either by (i) entering into one or more Easement Acquisition
Contracts for the Easements or (ii) duly exercising its eminent domain authority to acquire one or
more of the Easements if the exercise of such authority is necessary. Leander and Round Rock
agree that Cedar Park shall acquire the Easements in its name on the condition that Cedar Park
shall acquire the 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 Easements on the condition that Cedar Park shall acquire the 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. However, Cedar Park shall not enter into, modify, or amend an
Easement Acquisition Contract to provide for a purchase price for an Easement in excess of the
Total Estimated Compensation, REVISED 11-20-09, for such Easement set forth on Exhibit A
plus a contingency of forty percent (40%).
Page 3 of 9
III.
PAYMENT OF EASEMENT ACQUISITION COSTS.
3.01 Payment of Easement Acquisition Costs.
(a) All Easement Acquisition Costs shall be shared by the Parties according to the
Cost Allocation Percentages.
(b) Each Party shall pay its share of the Easement Acquisition Costs at or before the
closing for each 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) After closing, the Parties shall unanimously determine whether Cedar Park (i)
shall deliver to each Party its undivided interest in each Easement in accordance with the PER
and the PDR or (ii) shall convey title to each tract to BCRUA.
(d) In the event of any dispute among the Parties, the Parties agree that the City
Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as
possible so as not to jeopardize the acquisition of any 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
Page 4 of 9
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the Regional Project are
contemplated and shall not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
4.08 Notices. Any notices given under this Agreement shall be effective if (i) forwarded to a
Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:
CEDAR PARK:
with copy to:
ROUND ROCK:
with copy to:
Leander:
Page 5 of 9
600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Telephone: (512) 401-5020
Facsimile: (512) 401-5021
Email: Brenda.Eivens(a),cedarparktx.us
Charles Rowland
600 North Bell Blvd.
Cedar Park, Texas 78613
Telephone: (512) 401-5004
Facsimile: (512) 401-5005
Email: Charles.Rowland@cedarparktx.us
221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512) 218-5410
Facsimile: (512) 218-7097
Email: inuse@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
with copy to:
Email: w.watts@ci.leander.tx.us
Barney Knight
223 W. Anderson Lane, Suite A-105
Austin, Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: attorneys(cr�cityattorneytexas.com
4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Exhibits. The following exhibit is attached to this Agreement and incorporated herein by
reference:
Exhibit A: Regional Water Project, Raw Water Line, Trails End (Pages 1 — 3)
prepared by Lockwood Andrews Newnam, Inc.
4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
4.12 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Page 6 of 9
ATTEST:
Sara White, City Secretary
Page 7 of 9
CITY OF ROUND ROCK:
By:
Date:
Alan McGraw, Mayor
ATTEST:
Oje'eoi?,--)y"). Lg._ -
LeAnn Quinn, City Secretary
Page 8 of 9
CITY OF CEDAR PARK:
By:
Bob Lemon, Mayor
Date: a - / f /D
ATTEST:
bie Haile, City Secretary
Page 9 of 9
CITY OF LEANDER:
By:
Cowman, Mayor
Date:
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DATE: March 18, 2010
SUBJECT: City Council Meeting — March 25, 2010
ITEM: 10D1. Consider a resolution authorizing the Mayor to execute a Second Amended
Interlocal Agreement with the Cities of Cedar Park and Leander regarding
Acquisition of Easements for Construction of a Raw Water Transmission Line
along Trails End Road.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
This Second Amended Interlocal Agreement (ILA) is due to a change in the raw water line route that
extends from the end of Trails End Road to the existing floating barge located on Lake Travis. The
required easements, as identified in the ILA, have been adjusted to reflect the revised route which
results in a reduced amount funding necessary for acquiring the easements.
The ILA identifies all of the easements that are necessary for the construction of the raw water
transmission line that begins at the lake intake and generally follows the alignment of Trails End Road to
RM1431 and then eventually to the Regional Water Treatment Plant. All easement acquisition costs
shall be shared by the Cities according to their ultimate capacity allocation percentage in the Raw Water
Line segment of the Regional System. These allocation percentages are Leander 47.26%, Round Rock
38.56%, and Cedar Park 14.18%.
Strategic Plan Relevance:
Goal 27.0 "Ensure there is an adequate, affordable and safe water supply."
Funding:
Cost: Original including Amendment No. 1- $572,672.06
Amendment No. 2 - $489,368.82
Source of funds: Regional Water Fund
Outside Resources:
Brushy Creek Regional Utility Authority
City of Cedar Park
City of Leander
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
SECOND AMENDED INTERLOCAL AGREEMENT REGARDING ACQUISITION OF
EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE
ALONG TRAILS END ROAD
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THIS SECOND AMENDED INTERLOCAL AGREEMENT REGARDING
ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF A RAW WATER
TRANSMISSION LINE ALONG TRAILS END 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
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;
WHERES, as an integral part of the Regional Project, the Parties desire to proceed with
the acquisition of temporary and permanent easements for the construction of a raw water
transmission line generally following the alignment of Trails End Road located in Travis County,
Texas, and more particularly described in Exhibit A (the "Easements");
WHEREAS, the Parties previously entered into that one certain Interlocal Agreement
Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along
Trails End Road, which took effect on May 1, 2008 and was amended on July 24, 2008;
WHEREAS, the purpose of this Agreement is to set forth the amended terms and
conditions pursuant to which the Parties authorize Cedar Park to acquire the Easements and
pursuant to which the Parties will participate in all costs and expenses related thereto; and
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:
Page 1 of 9
12-(x- O3 -Z--10 �1
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this First Amended Interlocal Agreement Regarding Acquisition of
Easements for Construction of a Raw Water Transmission Line Along Trails End 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 Percentage" means the percentage of Easement Acquisition Costs to be
paid by each Party. The Cost Allocation Percentage for each Party is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER, the PDR, and the Project Schedule.
1.07 "Easement(s)" mean the easement(s), individually or collectively, identified by type
(temporary or permanent) on the tracts of real property identified on Exhibit A.
1.08 "Easement Acquisition Contract(s)" means any contract(s) for the acquisition of an
easement, whether temporary or permanent, on the tracts of real property identified on Exhibit A.
1.09 "Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to
acquire the easements made the basis of this Agreement. "Easement Acquisition Costs" include,
but are not limited to, the Total Estimated Compensation, REVISED 11-20-09, for each
easement as set forth on Exhibit A plus a contingency of forty percent (40%). Each Party shall
bear its share of the Easement Acquisition Costs in accordance with the Cost Allocation
Percentage set forth herein.
1.10 "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.
1.11 "Leander" means the City of Leander, Texas.
1.12 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
Page 2 of 9
1.13 "PDR" means the "Preliminary Design Report for the Brushy Creek Regional Water
Supply Project — Phase 1 Raw Water Facilities, Floating Intake & Raw Water Pipeline" prepared
by Carter & Burgess, Inc. in conjunction with HDR Engineering, Inc. and dated October 2007
1.14 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared
by HDR Engineering, Inc. and dated November 2006.
1.15 "Project Schedule" means the schedule for the completion of the Regional Project as set
forth in the PER and further refined in the PDR.
1.16 "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.
1.17 "Round Rock" means the City of Round Rock, Texas.
I1.
EASEMENT ACQUISITION CONTRACTS
2.01 Easement Acquisition.
(a) In accordance with the PER and the PDR, the Parties expect to acquire the
Easements for the purpose of constructing a raw water transmission line. The raw water
transmission line will be an integral part of the Regional Project. The Total Estimated
Compensation, REVISED 11-20-09, to be paid for each Easement is set forth on Exhibit A.
However, the Parties acknowledge that the Total Estimated Compensation, REVISED 11-20-09,
is an estimate and may not reflect the compensation actually paid to acquire each Easement.
(b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the
Easements shown on Exhibit A, either by (i) entering into one or more Easement Acquisition
Contracts for the Easements or (ii) duly exercising its eminent domain authority to acquire one or
more of the Easements if the exercise of such authority is necessary. Leander and Round Rock
agree that Cedar Park shall acquire the Easements in its name on the condition that Cedar Park
shall acquire the 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 Easements on the condition that Cedar Park shall acquire the 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. However, Cedar Park shall not enter into, modify, or amend an
Easement Acquisition Contract to provide for a purchase price for an Easement in excess of the
Total Estimated Compensation, REVISED 11-20-09, for such Easement set forth on Exhibit A
plus a contingency of forty percent (40%).
Page 3 of 9
II1.
PAYMENT OF EASEMENT ACQUISITION COSTS.
3.01 Payment of Easement Acquisition Costs.
(a) All Easement Acquisition Costs shall be shared by the Parties according to the
Cost Allocation Percentages.
(b) Each Party shall pay its share of the Easement Acquisition Costs at or before the
closing for each 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) After closing, the Parties shall unanimously determine whether Cedar Park (i)
shall deliver to each Party its undivided interest in each Easement in accordance with the PER
and the PDR or (ii) shall convey title to each tract to BCRUA.
(d) In the event of any dispute among the Parties, the Parties agree that the City
Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as
possible so as not to jeopardize the acquisition of any 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
Page 4 of 9
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the Regional Project are
contemplated and shall not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
4.08 Notices. Any notices given under this Agreement shall be effective if (i) forwarded to a
Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:
CEDAR PARK:
with copy to:
ROUND ROCK:
with copy to:
Leander:
Page 5 of 9
600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Telephone: (512) 401-5020
Facsimile: (512) 401-5021
Email: Brenda.Eivens@cedarparktx.us
Charles Rowland
600 North Bell Blvd.
Cedar Park, Texas 78613
Telephone: (512) 401-5004
Facsimile: (512) 401-5005
Email: Charles.Rowland@cedarparktx.us
221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse cr,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
with copy to:
Email: w.watts@ci.leander.tx.us
Barney Knight
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 Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Exhibits. The following exhibit is attached to this Agreement and incorporated herein by
reference:
Exhibit A: Regional Water Project, Raw Water Line, Trails End (Pages 1 — 3)
prepared by Lockwood Andrews Newnam, Inc.
4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
4.12 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Page 6 of 9
ATTEST:
Sara White, City Secretary
Page 7 of 9
CITY OF ROUND ROCK:
By:
Alan McGraw, Mayor
Date: ' U
ATTEST:
Gleyyn 507.
LeAnn Quinn, City Secretary
Page 8 of 9
CITY OF CEDAR PARK:
By:
Date:
Bob Lemon, Mayor
ATTEST:
u
Debbie Haile, City Secretary
Page 9 of 9
CITY OF LEANDER:
By:
Date:
hn Cowman, Mayor
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Laydawn yard may be added., no cash
payment expected.
Easement value only, restoration to be part of
construction contract.
Laydown yard may be added., no cash
payment expected.
Condemnation
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Updated Estimated Values as of 11-20-09
Appraised Value or
Appraised Value or Current Estimate of Total Estimated
Current Estimate of Additional Compensation Compensation,
Easement Value for improvements and REVISED 11-20-09
damages (11-20-09)
$4,200
$2475
$8,555
moment (12-2147)
Total Est.
Compensation (12-
07)
$18,025
n original Interlocal A(
Estimated Add.
Compensation for
improvements and
damages (12-07)
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Estimated Values i
Estimated Easement
Value (12-07)
022,000
$3560
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Lot 30 Resub of Lots
13 P. 14 Trails End
Subd.. Travis County.
Texas
Approx .866 ac to
center Sandy Creek
ADJ Resub of Lots 13 &
14 Trails End Subd,
Travis County, Texas
Lot 29. Trails End Subd.
Resub of Lots 13 & 14,
Travis County
Lot 3, Northlake Hills
Subd, Section 3, Travis
County, Texas
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Lot 5, Northlake Hills
Subd. Section 3, Travis
County, Texas
20.8 acres out of the F.
Harris Survey, Abstract
No. 364. described in
deed to LCRA recorded
in V. 1110. P. 377,
Travis County, Texas
Lot 7, Northlake Hills
Subd. Secbon 3, Travis
County. Texas
139.376 acres out o1 Lot
57 Resub 8 5. Trails End
Subdivision, Travis
County. Texas
.950 Acres out of Lot 57.
Resub 0 5. Trails End
Subdivision Travis
County. Texas
28.140 acres out of Lot
57 Resub S 5, Trails End
Subdivision. Travis
County, Texas
2.27 acres out of A.
Hampton Survey 607,
Abstract 373, Travis
County. Texas
20.155 acres out of the
S. Hayford Survey 53.
Abstract 2246, Travis
County. Texas
1 Acre ABS 2246 SUR 53
HAYFORD S
Se 320 ft of Lot 12&N
420 ft of Lot 13, Red
Wagon Ranchettes.
Section 2, Travis County.
Texas
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(Ned Davenport. Jr.)
Lake Trays Trails, LLC
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Mark Ammerman
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Counteroffer pending.
Condemnation
Condemnation.
Settlement In lieu of condemnation.
!Agreed judgment expected.
Condemnation.
Condemnation
Condemnation.
Updated Estimated Values as of 11-20-09
Appraised Value or
Appraised Value or Current Estimate of Total Estimated
Current Estimate of Additional Compensation Compensation,
Easement Value for improvements and REVISED 11-20-09
damages (11-20-09)
$43.620
$17 414
$6,525
\
$23,458
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$15,877
$1,800
$8,720
$24.070
$14.740
$7,400
88,389
$10,825
n Original Interlocal A£
Estimated Add.
Compensation for
improvements and
damages (12-07)
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$10 200
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$27.585
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$5.427
$7,822
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Estimated Values i
Estimated Easement
Value (12-07)
$2.500
$8,720
$5.300
03.087
$2.970
9.834
23,284
8.395
4.768
4.759
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Legal description
14.162AC out of Lot 12,
Red Wagon Ranchettes.
Section 2
1.928AC OF LOT 12 Red
Wagon Ranchettes, Sec
2
2.856 acres out of Lot 11
& 11.144 acres out of Lot
12, Red Wagon
Ranchettes, Sec 2
17.124 acres out Lot 11.
Red Wagon Ranchettes,
Section 2 Travis County.
Texas
11.220 acres out of 11
Red Wagon Ranchettes.
Section 2, Travis County.
Texas
Lot 10 Red Wagon
Ranchettes, Section 2.
Travis County. Texas
20 acres out of Lots 8 &
9, Red Wagon
Ranchettes. Section 2,
Travis County. Texas
,Lots 7 & 8-A, Red Wagon
Ranchettes. Section 2.
Travis County, Texas
2.341 acres out of Lot 1.
Red Wagon Ranchettes,
Section 2, Travis County.
Texas
50.510 acres out of the
5. Hayford Survey 53,
Abstract 2246, Travis
County. Texas
Lot 5, North Rim
Subdivision, Travis
County. Texas
Lot 1, North Rum
Subdivision. Travis
County. Texas
Lot 2, North Rim
Subdivision. Section 2.
Travis County, Texas
Lot 3. North Rim
Subdivision, Section 2,
Travis County, Texas
Lot 4, North Rim
Subdivision, Section 2
Travis County. Texas
Lot 5, North Rim
Subdivision. Section 2.
Travis County. Texas
Lot 6. North Rim
Subdivision. Section 2.
Travis County. Texas
Lot 7, North Rim
Subdivision. Section 2
Travis County. Texas
Mark Ammerman
Robert & Linda Ziemann
Ronald & Gay Klinger
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Alex & Kelli McCarthy
Steven 8 Cean Embrey
Rosemarie Schwarzer
Dennis Armstrong Estate
C/O Mn. Peggy L.
Armstrong
Wayne and Eileen McDilda
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Alvis L & Bonita Griffin
Richard "Rick' 8 Stacy L
McColl
James P. Hood
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Estimate of value. Easement area reduced.
Easement area reduced.
Easement added.
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Electric Utility Easement
iElectnc Utility Easement access rights across
parent tract.
Electric Utility Easement: access rights across
parent tract.
Electric Utility Easementaccess rights across
parent tract.
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Updated Estimated Values as of 11-20-09
Appraised Value or
Appraised Value or Current Estimate of Total Estimated
Current Estimate of Additional Compensation Compensation,
Easement Value tor improvements and REVISED 11-20-09
damages (11-20-09)
$63.245
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$63 245
$101 230
$1,745
$275
$463
'remnant (12-21-07)
Total Est.
Compensation (12-
07)
$428.700.00
n Original Interlocal A
Estimated Add.
Compensation for
improvements and
damages (12-07)
Estimated Values i
Estimated Easement
Value (12-07)
$13,0501,
$428.700
Area (SF(
6040
29,970 perm. 8 644
TCE
27,667 perm,
100,916 TCE
82
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Lot 1, less .080 acres.
North Rim Subdivision,
Section 2, Resub of Lot
8, Travis County, Texas
1142.168 acres recorded
in Vol. 13085, Page 1927
of Real Property Records
of Travis County
5.1617 acres out of the
Jose Igancio Sanchez
Survey 51. Abstract 693.
Travis County. Texas
1.363 acres out of the C.
G. Settle Survey No. 632,
Abstract 2201, Travis
County. Texas
5.52 acres out of Lot 1.
Red Wagon Ranchenes.
Section 2 Travis County.
iTexas
.3.960 acres out of Lot 1
Red. Wagon Ranchenes.
Section 2 Travis County.
Texas
Lot 2 of Tierra North.
Travis County. Texas
Lot 1 of Tierra North.
Travis County. Texas
174 acres out of the
Samuel Hayford Survey
No. 53. Travis County.
Texas
1.004 acres out of the
Samuel Hayford Survey
No. 53, Travis County.
Texas
2.008 acres (tract 1 & 2)
out of the Samuel
Hayford Survey No. 53,
Travis County, Texas
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Advanced Drywall Systems,
Inc. Attn: Wiliam D Napier
Lookout Partners LP
Mensa Ltd. C/O 8111 Pohl
Drinkard, et al
Cameron E. and Stacy G.
Corbin
Rowland and Mary
Valencia, aka Rolando.
Roland
Kurt Emmanuel Morales
Travis F. and Kristin M.
Holleman
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Robert M Hays (wife
Marytin K Hays)
Mantyn Waldrop (aka
Marilyn Hays)
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