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R-2014-1292 - 4/10/2014RESOLUTION NO. R-2014-1292 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 for right of way acquisition for the FM 1460/A.W. Grimes Project related to the Rabbit Hill Road/Oakmont Drive connection, 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 for Right of Way Acquisition for the FM 1460/A.W. Grimes Project and Engineering Design Services Related to the Rabbit Hill Road/Oakmont Drive Connection, 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 10th day of April, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404; 00295706 EXHIBIT «A„ INTERLOCAL AGREEMENT FOR RIGHT OF WAY ACQUISITION FOR THE FM 1460/A.W. GRIMES PROJECT AND ENGINEERING DESIGN SERVICES RELATED TO THE RABBIT HILL ROAD/OAKMONT DRIVE CONNECTION THIS INTERLOCAL AGREEMENT for Right of Way (ROW) acquisition and engineering design services ("Agreement") is entered into between the City of Georgetown, a Texas home -rule municipality ("Georgetown") and the City of Round Rock, a Texas home -rule municipality ("Round Rock"). In this Agreement, Georgetown and Round Rock are sometimes individually referred to as "Party" and collectively referred to as "the Parties." WHEREAS, FM 1460/A.W. Grimes Boulevard and Rabbit Hill Road/Oakmont Drive are located in Williamson County; and WHEREAS, Georgetown has completed an Agreement for Right of Way Procurement with the Texas Department of Transportation (TxDOT) which, among other things, will require a ten percent local match to the ninety percent TxDOT funding and the acquisition of ROW anticipated to cost $1,961,289 in Rounds Rock's corporate limits or Extraterritorial Jurisdiction (ETJ); and WHEREAS, Georgetown and Round Rock each contemplate construction of improvements to the portions of FM 1460/A.W. Grimes Boulevard located in their respective cities; and WHEREAS, Rabbit Hill Road/Oakmont Drive will provide an important parallel linkage to FM 1460/A. W. Grimes removing local trips from Intercity Arterial designed to alleviate .congestion on 111-35; and WHEREAS, the Parties would like to develop plans, specifications and estimates for the construction of improvements to that portion of Rabbit Hill Road/Oakmont Drive located between Georgetown and Round Rock between Terravista Parkway and Westinghouse Road; and WHEREAS, this Agreement is for the mutual benefit of Georgetown and Round Rock because it provides for the design of construction improvements for all of FM 1460/A.W. Grimes Boulevard with Georgetown and Round Rock paying their respective share of the cost and provides plans, specifications and estimates for Rabbit Hill Road/Oakmont Drive connections; NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Georgetown and Round Rock agree as follows: 1 I. DUTIES AND OBLIGATIONS 01? THE PARTIES 1.01 Right of Way Acquisition. Georgetown will complete necessary ROW acquisition related to the FM 1460/A.W. Grimes project as the agent for the Texas Department of Transportation per ROW CSJ# 2211-02-027. As ROW is acquired in the City of Round Rock ETJ and corporate limits and ninety percent reimbursement request are submitted to TxDOT, Georgetown will submit a ten percent reimbursement request to the City of Round Rock in an amount not to exceed $196, 129, or 10% of $1,961,289, as described in Exhibit A. 1.02 Reimbursement Payment. Georgetown will deposit reimbursements from the City of Round Rock into a special account dedicated to "Rabbit Hill Road/Oakmont Drive." 1.03 Task Order and Engineering Design Services. Georgetown will negotiate a Task Order with an engineering firm, mutually agreed upon by the Parties, to complete plans, specifications and estimates for improvements to the Rabbit Hill Road/Oakmont Drive connection to a 30% design stage. Georgetown shall administer the Task Order and pay such fees from the "Rabbit Hill Road/Oakmont Drive" account. Round Rock shall be entitled to review the draft Task Order and engineer's related work product; and will be invited to all meetings between the engineer and City of Georgetown. 1.04 Payment and Reimbursement of ROW Acquisition. Georgetown will advance payment for the ROW Acquisitions subject to reimbursement by Round Rock. Upon Georgetown's acquisition of ROW, Georgetown shall submit a reimbursement request to Round Rock. Round Rock agrees to pay Georgetown within ten (10) days after receipt of the request. Payments made by Round Rock pursuant to this Agreement shall be made from current revenues available to Round Rock. 1.05 No Liability or Warranty of Services. ROUND ROCK AGREES AND ACKNOWLEDGES THAT GEORGETOWN DOES NOT ASSUME ANY LIABILITY FOR, OR WARRANT, THE SERVICES THAT ENGINEER PROVIDES PURSUANT TO THIS AGREEMENT OR THE TASK ORDER AMENDMENT. ROUND ROCK AGREES AND ACKNOWLEDGES THAT GEORGETOWN SHALL NOT BE LIABLE FOR ANY CLAIM OR CAUSE OF ACTION THAT ROUND ROCK MAY HAVE NOW OR 1N THE FUTURE AGAINST ENGINEER. OR ANY DAMAGES OF ANY NATURE WHATSOEVER ALLEGEDLY SUSTAINED BY ROUND ROCK, OR ANYONE HAVING A CLAIM BY, THROUGH OR UNDER ROUND ROCK. RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, WITH THE SERVICES PROVIDED BY ENGINEER. 1.06 Term. This Agreement shall commence upon execution of this Agreement and shall end at such time as this Agreement is fully performed by the Parties. 1.07 Default and Remedies. If Round Rock fails to pay for Services under this Agreement, and continues such failure for thirty (30) days after Georgetown provides written notice to cure, Round Rock shall be deemed to be in default under this Agreement. In the event that Round Rock defaults under this Agreement, and such default is not cured provided in this Agreement, Georgetown may, in addition to any other remedy at law or in equity, immediately terminate this Agreement or seek specific performance of this Agreement. 2 1.08 Completion of the Project. Upon completion of the plans, specifications and estimates for the Rabbit Hill Road/Oakmont Extension, Georgetown may use the balance of the "Rabbit Hill Road/Oakmont Drive" account to reimburse construction cost related to. FM 1460/A.W. Grimes Boulevard or further design work or construction cost related to Rabbit Hill Road/Oakmont Drive. II. GENERAL PROVISIONS 2.01 Authority. This Agreement is entered, in part, pursuant to the authority of the Interlocal Cooperation Act, Texas Government Code Chapter 791 (the "Act"). The provisions of the Act are incorporated in this Agreement and this Agreement shall be interpreted in accordance with the Act. 2.02 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 included. - 2.03 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 2.04 Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter of this Agreement. No promise, statement or representation that is not expressly stated in this Agreement has been made by any Party to induce execution of this Agreement. 2.05 Amendments. Any amendment of this Agreement shall be in writing and will be effective if signed by the authorized representative of each Party. 2.06 Waiver. Lack of enforcement of any right under this Agreement by either Party shall not constitute a waiver of that right or any other in the future. 2.07 Independent Relationship. Each Party, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one Party shall not be deemed or construed to be the employees or agents of the other Party for any purpose. 2.08 No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either Party. Neither Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity. 2.09 No Third Party Beneficiaries. This Agreement is entered into for the sole and exclusive benefit of the Parties. Nothing in this Agreement, express or implied, is intended to 3 confer or shall be construed as conferring any rights, benefits, remedies, or claims upon any other person or entity. 2.10 No Assignment. This Agreement may not be assigned in whole or in part by either Party. 2.11 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. 2.12 Notices. Notices given under this Agreement will be effective if forwarded to a Party by hand -delivery, transmitted to a Party by confirmed fax or deposited with the U.S. Postal Service, certified mail, postage prepaid, to the address of the Party indicated below: GEORGETOWN: P.O. Box 409, Georgetown, Texas 78627 300-1 Industrial Ave, Georgetown, Texas 78626 Attn: Ed Polasek Telephone: (512) 930-2544 Facsimile: (512) 930-3559 Email: ed.polasek(a7georgetown.org ROUND ROCK: 2008 Enterprise Drive, Round Rock, Texas 78664 Attn: Gary Hudder Telephone: (512) 671-2887 Facsimile: (512) 218-5563 Email: garyhudder@round-rock.tx.us Either Party may from time to time designate any other address for notice by written notice to the other Party. 2.13 Exhibits. The following Exhibits are attached to this Agreement and incorporated by reference: Exhibit A - FM 1460 ROW Estimate 2.14 Counterparts; Effect of Partial Execution. This Agreement may be executed in counterparts each of which, when executed and delivered, shall be deemed to be an original and all of which together shall constitute one and the same document. 2.15 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. 2.16 Effective Date. This Agreement is executed to be effective on the date the last Party signs this Agreement. 4 CITY OF GEORGETOWN, TEXAS By: George (i Garver, Mayor ATTEST: B ica Brett ity Secretary APPROVED AS TO FORM: By: Bridget Chapman THE STATE OF TEXAS COUNTY OF WILLIAMSON Attorney THIS INSTRUMENT was acknowledged before me on this �, day of , 2013, by George G. Garver as Mayor of the City of Georgetown, a Texas home -rule city, on behalf of said city. , JESSICA ERIN BRETTLE a NOTARY PUBLIC Yc" State of Texas Comm. Exp. 06-01-2015 5 Notar ' i s lic, State of exas CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary APPROVED AS TO FORM: By: Stephan L Sheets, City Attorney THE STATE OF TEXAS • COUNTY OF WILLIAMSON THIS INSTRUMENT was acknowledged before me on this day of , 2013, by Alan McGraw, Mayor of the City of Round Rock, a Texas home -rule city, on behalf of said city. Notary Public, State of Texas 6 FM 1460 ROW Estimate Estimate (Sq. Ft.) U T T T T T T CC) N CO CO N (0 CD a) a) m m a) (a CO 06 CO CO 00 -0 0 -0 -0 0 -0 CD a) w w a) m O 0 0 0 0 0 C6 CO @ CO CC) N F- F- O 0 C2 C2 cc ct O 0 a U `m m a a a. a_ 0 (0 T T T T T 0 0 V 0 -0 CD m a) CO COCD N CO N CO Ca 0 -0 0 -0 -0 0)) m mW ID 0 0 0 0 0 00 00 c0 CO CO d'CCCCCL Q'F-F-F-O'CC2O'C CL CL OCLMCLCCCCCLOOLDCLWCCCLCCCLCCCL LO O CD V' V' N O O CO O CO N I� CA O V co CD V CO CO O N CO N 0) V N- r- N V N (C) O) 0 0) 0 CO CO O N CD 0) CO O) O co co V N- 0) V' (D I-- O) M O M N (O W CO h r - M V' O 00 O) o) O) co co (O O O) 0) n O) CO r N CO CO co 00 69 CR CA 00 69 f� CO N- N (O CO 1' N 1` V' N V- 69 69 Efi 69 69 l- 64 E9 CA CA Efl EH fA 69 W (a O 1- 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 ~ O CV 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 O 0 c 1 N N N N N N N (Ni (O (O (O (O U) (O (O U) (O (O = a) E h 0) CA 69 V9 Vi V) 64 CA EF). 69 CH CA E!-) CA CA (fl E9 E9 CA O E (n o Vi 64 CD N O N 0 CO N N O (0 (O CO CO (O V (O O CO N CO CO N CO N O CO N 0) 0 I- h CO (C) V Cr) 0) ✓ (O 00 (0 (O 00 V- M CO 0 (O V n O) CD CO 10 CO a) CD (O CO 0) co (O O) r- (O V CO N N- CO R 0 V' M I\ N LO N I,- O (O V CO CO V . 10 et ,- O O CO 10 N (O CO N O) (O CO N ,-- 'Cr V CO (D 0) (O CO 0) r- ,-- V' co O (D (0 (O N (O CO (O N h N 0) CO CA O CO 0 a - O V' O a - O CO (fl O CO N N M O h 0 10 N M a- a- 0 0) a- CO V' "Cl- CO (O N V .— co S O.- h e- O CO CD NI - LO O T O) N a- M Tu fH GA 64 0 F- -0 C w T- ~ J J J _Q_ O_ Q E C L E .E 0 0 Lvs i� N N N J JUUUU T w a) ( ac0 o o ) N ) Q Q Q Q 7 'ct r w t W W W -) CD CO CD CO — E °' `m T) Lo Lo 1-0 314 aaoa000 ww 00 _ Li- >, T I- >,F- F- F- F- CC c c l,- t` I,- as >,Y = = J= J J J 0 WO N N N N U _ _ C W T T T T a) 04.51:50.0. COCl CL N CL N t6 (6 O_ - ce c4 J J J J m m m Q-0 0 0 oaaaaaaaaCLa E0 o w O w O O O J J J J J J J J J J — as 0 0 O 0 0 0 0 vi vi ui vi ci m (o m e ((i _ c E E (Li E 0 u (Li v -o v v o o m m o o O 0 o c o c c c@ `m co m>>>>>> ui O _= m= m CO CO 3 3 3 3 m m co co m m `0 a)C�S c cce cixixccOOOO a) a) a`) a) a) a) c o o Z O Z Z z w www - IT I- IT IT IT m m • 0 0 O u) 0 0 oaaaaaaD_aaa m a) > m > > >zzzzzzzzzz O SI- zzcz<<<zzzzzzzzzz x- Q M U O N I—I--I—C`)MMMI-F-I- O o 0) 0) Z rnrn����Q Q¢ QQi QQ Q Q TI.) L * (0 0 South Segment Georgetown South Segment RR (not acquired) South Segment RR (already acquired) Still to be acquired under the new agreement $4,548,796.56 EXECUTED DOCUMENT FOLLOW INTERLOCAL AGREEMENT FOR RIGHT OF WAY ACQUISITION FOR THE FM 1460/A.W. GRIMES PROJECT AND ENGINEERING DESIGN SERVICES RELATED TO THE RABBIT HILL ROAD/OAKMONT DRIVE CONNECTION THIS INTERLOCAL AGREEMENT for Right of Way (ROW) acquisition and engineering design services ("Agreement") is entered into between the City of Georgetown, a Texas home -rule municipality ("Georgetown") and the City of Round Rock, a Texas home -rule municipality ("Round Rock"). In this Agreement, Georgetown and Round Rock are sometimes individually referred to as "Party" and collectively referred to as "the Parties." WHEREAS, FM 1460/A.W. Grimes Boulevard and Rabbit Hill Road/Oakmont Drive are located in Williamson County; and WHEREAS, Georgetown has completed an Agreement for Right of Way Procurement with the Texas Department of Transportation (TxDOT) which, among other things, will require a ten percent local match to the ninety percent TxDOT funding and the acquisition of ROW anticipated to cost $1,961,289 in Rounds Rock's corporate limits or Extraterritorial Jurisdiction (ETJ); and WHEREAS, Georgetown and Round Rock each contemplate construction of improvements to the portions of FM 1460/A.W. Grimes Boulevard located in their respective cities; and WHEREAS, Rabbit Hill Road/Oakmont Drive will provide an important parallel linkage to FM 1460/A. W. Grimes removing local trips from Intercity Arterial designed to alleviate congestion on IH -35; and WHEREAS, the Parties would like to develop plans, specifications and estimates for the construction of improvements to that portion of Rabbit Hill Road/Oakmont Drive located between Georgetown and Round Rock between Terravista Parkway and Westinghouse Road; and WHEREAS, this Agreement is for the mutual benefit of Georgetown and Round Rock because it provides for the design of construction improvements for all of FM 1460/A.W. Grimes Boulevard with Georgetown and Round Rock paying their respective share of the cost and provides plans, specifications and estimates for Rabbit Hill Road/Oakmont Drive connections; NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Georgetown and Round Rock agree as follows: R-2014-1292 1 I. DUTIES AND OBLIGATIONS OF THE PARTIES 1.01 Right of Way Acquisition. Georgetown will complete necessary ROW acquisition related to the FM 1460/A.W. Grimes project as the agent for the Texas Department of Transportation per ROW CSJ# 2211-02-027. As ROW is acquired in the City of Round Rock ETJ and corporate limits and ninety percent reimbursement request are submitted to TxDOT, Georgetown will submit a ten percent reimbursement request to the City of Round Rock in an amount not to exceed $196, 129, or 10% of $1,961,289, as described in Exhibit A. 1.02 Reimbursement Payment. Georgetown will deposit reimbursements from the City of Round Rock into a special account dedicated to "Rabbit Hill Road/Oakmont Drive." 1.03 Task Order and Engineering Design Services. Georgetown will negotiate a Task Order with an engineering firm, mutually agreed upon by the Parties, to complete plans, specifications and estimates for improvements to the Rabbit Hill Road/Oakmont Drive connection to a 30% design stage. Georgetown shall administer the Task Order and pay such fees from the "Rabbit Hill Road/Oakmont Drive" account. Round Rock shall be entitled to review the draft Task Order and engineer's related work product; and will be invited to all meetings between the engineer and City of Georgetown. 1.04 Payment and Reimbursement of ROW Acquisition. Georgetown will advance payment for the ROW Acquisitions subject to reimbursement by Round Rock. Upon Georgetown's acquisition of ROW, Georgetown shall submit a reimbursement request to Round Rock. Round Rock agrees to pay Georgetown within ten (10) days after receipt of the request. Payments made by Round Rock pursuant to this Agreement shall be made from current revenues available to Round Rock. 1.05 No Liability or Warranty of Services. ROUND ROCK AGREES AND ACKNOWLEDGES THAT GEORGETOWN DOES NOT ASSUME ANY LIABILITY FOR, OR WARRANT, THE SERVICES THAT ENGINEER PROVIDES PURSUANT TO THIS AGREEMENT OR THE TASK ORDER AMENDMENT. ROUND ROCK AGREES AND ACKNOWLEDGES THAT GEORGETOWN SHALL NOT BE LIABLE FOR ANY CLAIM OR CAUSE OF ACTION THAT ROUND ROCK MAY HAVE NOW OR IN THE FUTURE AGAINST ENGINEER. OR ANY DAMAGES OF ANY NATURE WHATSOEVER ALLEGEDLY SUSTAINED BY ROUND ROCK, OR ANYONE HAVING A CLAIM BY, THROUGH OR UNDER ROUND ROCK. RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, WITH THE SERVICES PROVIDED BY ENGINEER. 1.06 Term. This Agreement shall commence upon execution of this Agreement and shall end at such time as this Agreement is fully performed by the Parties. 1.07 Default and Remedies. If Round Rock fails to pay for Services under this Agreement, and continues such failure for thirty (30) days after Georgetown provides written notice to cure, Round Rock shall be deemed to be in default under this Agreement. In the event that Round Rock defaults under this Agreement, and such default is not cured provided in this Agreement, Georgetown may, in addition to any other remedy at law or in equity, immediately terminate this Agreement or seek specific performance of this Agreement. 2 1.08 Completion of the Project. Upon completion of the plans, specifications and estimates for the Rabbit Hill Road/Oakmont Extension, Georgetown may use the balance of the "Rabbit Hill Road/Oakmont Drive" account to reimburse construction cost related to FM 1460/A.W. Grimes Boulevard or further design work or construction cost related to Rabbit Hill Road/Oakmont Drive. II. GENERAL PROVISIONS 2.01 Authority. This Agreement is entered, in part, pursuant to the authority of the Interlocal Cooperation Act, Texas Government Code Chapter 791 (the "Act"). The provisions of the Act are incorporated in this Agreement and this Agreement shall be interpreted in accordance with the Act. 2.02 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 included. 2.03 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 2.04 Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter of this Agreement. No promise, statement or representation that is not expressly stated in this Agreement has been made by any Party to induce execution of this Agreement. 2.05 Amendments. Any amendment of this Agreement shall be in writing and will be effective if signed by the authorized representative of each Party. 2.06 Waiver. Lack of enforcement of any right under this Agreement by either Party shall not constitute a waiver of that right or any other in the future. 2.07 Independent Relationship. Each Party, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one Party shall not be deemed or construed to be the employees or agents of the other Party for any purpose. 2.08 No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either Party. Neither Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity. 2.09 No Third Party Beneficiaries. This Agreement is entered into for the sole and exclusive benefit of the Parties. Nothing in this Agreement, express or implied, is intended to 3 confer or shall be construed as conferring any rights, benefits, remedies, or claims upon any other person or entity. 2.10 No Assignment. This Agreement may not be assigned in whole or in part by either Party. 2.11 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. 2.12 Notices. Notices given under this Agreement will be effective if forwarded to a Party by hand -delivery, transmitted to a Party by confirmed fax or deposited with the U.S. Postal Service, certified mail, postage prepaid, to the address of the Party indicated below: GEORGETOWN: P.O. Box 409, Georgetown, Texas 78627 300-1 Industrial Ave, Georgetown, Texas 78626 Attn: Ed Polasek Telephone: (512) 930-2544 Facsimile: (512) 930-3559 Email: ed.polasek@georgetown.org ROUND ROCK: 2008 Enterprise Drive, Round Rock, Texas 78664 Attn: Gary Hudder Telephone: (512) 671-2887 Facsimile: (512) 218-5563 Email: garyhudder@round-rock.tx.us Either Party may from time to time designate any other address for notice by written notice to the other Party. 2.13 Exhibits. The following Exhibits are attached to this Agreement and incorporated by reference: Exhibit A - FM 1460 ROW Estimate 2.14 Counterparts; Effect of Partial Execution. This Agreement may be executed in counterparts each of which, when executed and delivered, shall be deemed to be an original and all of which together shall constitute one and the same document. 2.15 Authority. Each Party represents and warrants that it has the full right, power - and authority to execute this Agreement. 2.16 Effective Date. This Agreement is executed to be effective on the date the last Party signs this Agreement. 4 CITY OF GEORGETOWN, TEXAS By: George Cr. Garver, Mayor ATTEST: By: APPROVED AS Bv: /11 Bridget Ch. pman," Attorney THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS INSTRUMENT was acknowledged before me on this day of 1) C /irY14.,/' , 2013, by George G. Garver as Mayor of the City of Georgetown, a Texas home -rule city, on behalf of said city. �ePY °fie . JESSICA ERIN BRETTLE \c NOTARY PUBLIC State of Texas •9jk °F:+. Comm. Exp. 06-01-2015 5 CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor ATTEST: By: 53/MI/L - Sara L. White, City SeereLj GI _dice r 4 v' N �t• is Steph: L. Sheets, ity Attorney THE STATE OF TEXAS • COUNTY OF WILLIAMSON THIS INSTRUMENT was acknowledged before me on this 16 day of i U , 2044-, by Alan McGraw, Mayor of the City of Round Rock, a Texas home -rule city, on behalf of said city. Notary Public, State o 6 FM 1460 ROW Estimate Estimate (Sq. Ft.) Cp U T T T T. T T vavav-0 CO m CO CO CO m 0 0 0 0 0 a) mmmmm CO 070700 O 0 0 0 0 0 CO CO CO m CO CO I— F- (70 1111 re cc O 0 To w 0 CO m Q O. TD_ .Q (n (n T T T T T 0 0 0 'O 0 CO CO CD CO CO m m m CO m U a -0 0 0 O 0000 O Cr Cr Cr 0 m CO CO CO m 0' d' CC C C C F- F- F- 2' d' Ct Q' Q' CC Q' CC OCCCLCLCCCLWOOOCLCCCLCLCCWWCC (O O CO V N 0 0 M O,- CO N I. 0) 0) V'- C) (0 M CO "t 0 N C) N 0) V I,- I` N- NI- N (O O) 0 0) 0 (o co O N CO O) CO CA O co co V )- I- O) V' CO e- h O) cci O M N (O r- (70 (O t- I- o O CO O 0) O) el O (O O O) Cr) N. Cr) CO h N () CO CO00 ER ER ER CO ER ),- M h N (O CO ' N N- a c- N Nr ER ER 69 ER ER- ER ER ER ER ER ER ER ER CC To E O O O O O O O O O O O O O O O O O O O~ O O O O O O O O O O O O O O O O O O - N N N N N N N N (O (O (!) (O l0 (O (n (O 10 (C) j 0 ER ER ER ER Eti ER ER ER ER ER ER ER ER ER ER ER ER ER O E in to N O CO N N L O (O (O CO CO (O -' 10 O CO CO co N CO N O'- (0 N 0) 0 N- n 0) (O .7 0) O) �f to CO (0 (O Co ' CO CO O 1.0 V n 0) (O Co co Co CA (0 (O (o 0) CO (O O) I,- (O V CO N " '- 0 - t0 n 0 (O (O f`, 6) (O V CO M V () ,- Nr - C) (O N (O CO N O) (O CO N V r- V V () CO C)) (O r V) 0 CO (O (C) N (O r) (O N I- N C7) CO 0) • O V O- O CO CO O CO N N Or) O) I,- O • 0 0) 1- CO V CO (O N ' C) 0 a C y m t- >, T E c m co LL. 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O O CO 0) r O CO O 1 N CO CO (0 cf in O) O N r M 0 F- South Segment Georgetown South Segment RR (not acquired) South Segment RR (already acquired) Still to be acquired under the new agreement $4,548,796.56