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R-2019-0308 - 7/25/2019 RESOLUTION NO. R-2019-0308 WHEREAS, the City of Round Rock ("City") has previously entered into that certain Wholesale Water Supply and Wastewater Collection and Treatment Agreement ("Original Agreement") with R&R Mobile Joint Venture ("R&R") on January 27, 2000; and WHEREAS, City and R&R entered in an Amended and Restated Wholesale Water Supply and Wastewater Collection and Treatment Agreement (The "Amended Agreement") effective August 8, 2013; and WHEREAS, the Amended Agreement provides that R&R may request to purchase additional Service Units from the City for water and wastewater service; and WHEREAS, R&R has requested to purchase one additional Service Unit; and WHEREAS, City wishes to grant R&R's request,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a First Amendment to the Amended and Restated Wholesale Water Supply and Wastewater Collection and Treatment Agreement with R&R Mobile Joint Venture, 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. 0112/1902;00427689 RESOLVED this 25th day of July, 2019. 4AZ CRAI MO AN, Mayor City of Round Rock, Texas ATTEST: sqp' Alu- 14bbw- SARA L. WHITE, City Clerk 2 EXHIBIT „A„ FIRST AMENDMENT TO THE AMENDED AND RESTATED WHOLESALE WATER SUPPLY AND WASTEWATER COLLECTION AND TREATMENT AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND R&R MOBILE JOINT VENTURE This First Amendment ("First Amendment") is made and entered into as of the day of 2019 by and between the City of Round Rock,Texas ("City"), a home rule city located in Williamson County,'Texas and R&R Mobile Joint Venture("R&R), a Texas joint venture. RECITALS WHEREAS,the City and R&R have previously entered into that certain Wholesale Water Supply and Wastewater Collection and Treatment Agreement (the "Original Agreement") effective January 27,2000;and WHEREAS,the City and R&R entered in an Amended and Restated Wholesale Water Supply and Wastewater Collection and Treatment Agreement (the "Amended Agreement") effective August S, 2013; and WHEREAS, the Amended Agreement provides that R&R may request to purchase additional Service Units from the City for water and wastewater service; and WHEREAS, R&R has requested to purchase one additional Service Unit; and WHEREAS,the City wishes to grant R&R's request; NOW THEREFORE,for and in consideration of the premises and mutual obligations and benefits herein contained, the City and R&R hereby agree as follows: ARTICLE I Definitions 1.01. Terms used herein shall have the same definitions as contained in the Amended Agreement. First Amendment to Amended and Restated Wholesale Water Supply and WW Agreement-Rev.docx ARTICLE II Purchase of an Additional Service Unit 2.01. Pursuant to the terms of the Original Agreement, R&R has purchased and is entitled to connect 230 Service Units to the City's Water System and Wastewater System. R&R has paid 230 Water Impact Fees and Wastewater Impact Fees. 2.02. Pursuant to Sec. 2.05 of the Amended Agreement, R&R has requested the City to allow R&R to purchase one additional Service Unit. The City is willing to grant R&R's request. 2.03. As consideration for the purchase of the additional Service Unit, R&R agrees to pay the City$4,025.00 for the Water Impact Fee, and $2,099.00 for the Wastewater Impact Fee. 2.04. The Parties agree that Exhibit A of the Amended Agreement is amended to add the property outlined in Exhibit 1 attached hereto. 2.05. The Parties agree that Exhibit B of the Amended Agreement is amended to add the following to the list of R&R's customers: Acct: Unit Type Street Address Current Occupant Unit 3786 Commercial 1103 Martin Ave. Round Rock Refuse 214 ARTICLE III Miscellaneous 3.01. To the extent necessary to effect the terms and provisions of this First Amendment, the Amended Agreement is hereby amended and modified. In all other respects, the aforesaid Amended Agreement is hereby ratified and confirmed. 3.02. This First Amendment may be executed in counterparts,each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF,the City and R&R,have caused this Agreement to be duly executed and effective as of the day of ,2019. (Signatures on following pages) 2 CITY OF ROUND ROCK,TEXAS By: Craig Morgan,Mayor Attest.- Sara ttest:Sara White, City Clerk 3 R&R MOBILE JOINT VENTURE Bye..._ R. i 'Le ,its Gen artner a Y � � aE AI'�" t •� J ,'��. 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