Contract - Casey Family Investments LL - 12/5/2019 OUT-OF-CITY WATER SERVICE AGREEMENT
THIS OUT-OF-CITY WATER SERVICE AGREEMENT ("Agreement"), is made and
entered by and between Casey Family Investments, LLC, a Texas limited liability company,
referred to herein as the"Customer,"and the City of Round Rock,a Texas home-rule municipality
located in Williamson and Travis Counties, referred to herein as the "City." The Customer and
the City are hereinafter referred to collectively as "the Parties," or individually as a"Party."
RECITALS:
WHEREAS, the Customer is the owner of record of the property at 3600 CR 175, Round
Rock,Texas 78641 ("Property"),being more particularly described in Exhibit"A"which is hereby
incorporated for all purposes; and
WHEREAS, the City has determined that it is desirable for the Property to receive water
service from the City notwithstanding the fact that the Property is outside the City's corporate
limits; and
WHEREAS,pursuant to the Zoning and Development Code, Chapter 4,Article VI, Sec. 4-
80, Code of Ordinances (2018 Edition), City of Round Rock, Texas, the City Council hereby
determines that there is adequate capacity of water treatment and distribution services available
for the purpose of servicing Customer without impairing services within the City, NOW,
THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective Parties hereto, it is agreed as follows:
Article 1. Customer's Obligations Under this Agreement
1.01 Customer shall be required to own and install a standard water service line which
will connect with the City's water system as shown in Exhibit"A."
1.02 Customer shall grant the City the right of entry and access to Customer's private
water line attached to the City's water system at all times to inspect, to investigate the source of
operational or maintenance problems, to prevent or detect, minimize, or avert operational or
maintenance problems, or for any other purpose reasonable related to the provision of service
under this Agreement. The Customer will cooperate with the City to provide access for these
purposes, provided that the City provides Customer at least one working day's written notice or,
in the event of an emergency, prior notice by telephone or confirmed facsimile, of its need for
access.
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1.03 Customer shall comply with all requirements of the Zoning and Development Code,
Chapter 4,Article VI, Sec. 4-80, Code of Ordinances (2018 Edition), City of Round Rock, Texas,
regarding the furnishing of water services outside the city limits, a copy of such Sec. 4-80 being
attached hereto as Exhibit "B," incorporated herein by reference. Failure to comply with any of
these requirements shall give the City the option of terminating this Agreement.
Article II. Provision of Water Services
2.01 City agrees to sell Customer water service as required by Customer for domestic
use on an as needed basis for its business located on the Property.
2.02 The water service to be provided herein is for the Property as described in Exhibit
"A" and no other property.
2.03 Customer agrees to abide by all mandatory and voluntary use restrictions imposed
by the City on its own citizens.
Article III. Rates
3.01 Customer agrees to pay City for all fees charged and all water services provided to
Customer at the rates authorized by Chapter 44, Article II, Sec. 4-34, Code of Ordinances, 2018
Edition, City of Round Rock, Texas, as amended from time to time.
3.02 The City shall render a monthly bill to Customer for water services. Payment shall
be made no later than the sixteenth(16th)day following the mailing of the bill. Failure by Customer
to make a payment when and as specified will give the City the option to terminate all obligations
of the City under this Agreement.
3.03 Customer shall be subject to the penalty provisions for late payment as now exist
in Chapter 44, Code of Ordinances, 2018 Edition, City of Round Rock, Texas, and as may be
amended from time to time.
Article IV. Compliance with Ordinances
4.01 Customer agrees to comply with all of City's ordinances as they now exist or may
be amended from time to time regarding the sanitary use of the water treatment system, and for
conservation of water.
4.02 Customer agrees to take all necessary precautions to maintain the sanitary
conditions of City's water supply system.
4.03 Customer agrees to pay a Water Impact Fee in the amount of Ten Thousand Sixty-
Two and 50/100 Dollars ($10,062.50), and to pay all other fees applicable to water service.
4.04 Customer agrees and understands that the City's willingness to provide water
service to the Property is expressly contingent on the Property continuing to be used for its current
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use. Customer shall not change or expand the existing uses without the express written consent of
the City, which may be withheld for any reason. Any change or expansion of uses without the
consent of the City will give the City the option of terminating this Agreement.
4.05 Customer agrees that it will comply with all of the City's ordinances regarding
subdivision, zoning, development, and building permits.
Article V. Force Majeure
5.01 In the event either Party is rendered unable, wholly or in part, by force majeure to
carry out any of its obligations under this Agreement, then the obligations of that Party, to the
extent affected by the force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the continuance of the
inability. The cause, as far as possible, shall be remedied with all reasonable diligence. The term
"force majeure" includes acts of God, strikes, lockouts or other industrial disturbances, acts of the
public enemy, orders of the government of the United States or the State of Texas or any civil or
military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil
disturbances, explosions,breakage or accidents to equipment,pipelines, or canals,partial or entire
failure of water supply, and any other inabilities of either Party, whether similar to those
enumerated or otherwise,that are not within the control of the Party claiming the inability and that
could not have been avoided by the exercise of due diligence and care. It is understood and agreed
that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having
the difficulty and that the requirement that any force majeure be acceding to the demands of the
opposing party if the settlement is unfavorable to it in the judgment of the Party having the
difficulty. Force majeure shall relieve City from liability to Customer for failure to provide water
service due to an inability covered by this article. Force ma j eure shall not relieve Customer of its
obligation to make payments to City as provided in this Agreement.
Article VI. Term
6.01 The term of this Agreement shall be for a term of twenty (20) years from the date
hereof.
6.02 This Agreement shall become null and void upon the annexation of the Property by
the City.
Article VII. Miscellaneous Provisions
7.01 Customer is prohibited from selling or giving wastewater service purchased herein
to anyone else.
7.02 Customer shall be permitted to assign its rights herein to a bona fide purchaser of
the Property as long as the intended use of the service and the Property remains the same.
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7.03 This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and any and all actions brought to enforce the terms of this Agreement shall be
brought in Williamson County, Texas.
7.04 This Agreement shall be binding upon and inure to the benefit of the Parties hereto
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
where permitted by this Agreement.
7.05 In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof,and this Agreement shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
7.06 This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
7.07 The violation by Customer of any of City's ordinances related to the use or
disposition of water, or to subdivision, zoning, development or building ordinances shall render
this Agreement voidable at the option of City.
[Signatures on the following page.]
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IN WITNESS HEREOF, the parties have executed this Out of City Water Service
Agreement in two (2) counterparts, each of which will be deemed an original on this the C -
day of , 2019.
CASEY FAMILY INVESTMENTS,LLC
a
By:
Randall Casey
3600 CR 175
Round Rock, Texas 78641
CITY OF ROUND ROCK,TEXAS
By: A M /
Craig M rgan, �Lyor
Attest:
Sara White, City Clerk
For �Pproved as to Form:
N �
Stephant. Sheets, City Attorney
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Exhibit A
Property and Location of connection to City's system
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Pry the documrn!chap not br recorded/ar any purpose and ehoM no! aced ar
°�rend upO^os o ro.ov survey document Water Tlds eler 1rarrc ke provided oe o courtesy the cNent,and the signed and eoolyd
docunrsnfs rNafing fo this protect shoes provoll in the event a/any //rrencss.
Contour Information Mown hereon is derlwd tram Strotspk Mapping prapram(SlmfMop).
Centro,Texas Udar,2017-01-01,W'rb.20!9-07-10.Iar the Leander Sf quarter
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of obtained from the NW Datol"website.Contour Nnes art for cortogrophlc pt .
Request ,, � //oaf eantkal a shown ort lnlerpalored tram the arlgno/dots spot ah.a><.d an
by 3rte.ground, Vertkal Datum:NAIKIBB0 CR 17 DWG is in SURFACE Coordinates.CooMtnafes are surface5 wlues based an theTrxas5f e
More,Coordinate System,NADBJ Centro!Zone using at
8 a aombinrd awlaae adjustment
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Brett A.Duffs,RPLS 16254
Re/roso DCte.Suplember!2,2018
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Exhibit B
Sec.4-80.- Furnishing of water, reuse water, and sewer services outside city limits.
(a) Conditions under which city services will be provided. The city shall furnish water, sewer and/or reuse
water services to residential and commercial users located outside the city limits only upon the
following conditions:
(1) Adequate capacity exists. There is adequate capacity of city services available for the purpose of
servicing residential and commercial users outside the city without impairing services within the
city. Whether such adequate capacity exists shall be determined solely by the city council, and
the determination of the city council shall be final.
(2) Owners outside city limits to bear costs of lines and furnish easements. The construction costs of
water, sewer and/or reuse water lines and appurtenances which serve residential and commercial
users outside the city limits shall be paid for by the owner, developer, or political entity requesting
the service. Such owner, developer, or political entity shall also furnish suitable construction and
permanent easements and rights-of-way for utility lines.
(3) Construction to conform to city standards.All design and construction shall be in accordance with
city standards and specifications.
(4) New subdivisions to comply with subdivision regulations. New subdivisions recorded after the
date of passage of this section desiring city water, sewer and/or water reuse services shall comply
with the subdivision regulations of the City of Round Rock, Texas, in effect at the time such new
subdivision is approved. Existing subdivisions whose plats were recorded with the County Clerk
of Williamson County, Texas, at the time of the passage of the original Ord. No. 269 (January 8,
1976) can be furnished with water and sewer services without the necessity of having sanitary
sewer collection and treatment facilities.
(5) City to have right of review. The city shall have the right to review and approve all plats and plans
and inspect and approve all water, sewer and/or reuse water construction within subdivisions
where water, sewer, and/or reuse water service is to be provided.
(6) Water and sewer facility requirements. Except as provided in subsection (4) of this section, all
residential and commercial users shall have sanitary sewer collection and treatment facilities.
Water will not be provided to residential and commercial users who utilize septic tanks save and
except water can be provided to subdivisions whose plats were recorded with the County Clerk
of Williamson County, Texas, at the time original Ord. No. 269 was adopted (January 8, 1976).
(7) Water, sewer, and/or reuse waterlines to meet ultimate requirements of city.Where water,sewer,
and/or reuse water lines and appurtenances are extended outside the city limits, the lines shall
be sized to serve the ultimate requirements of the city.
(8) Extended lines to be designed and inspected by city's engineer. All water, sewer, and/or reuse
water lines and appurtenances extending from existing city facilities to any tract of land outside
the city limits requesting water, sewer, and/or reuse water service shall be designed and
inspected by the city's engineer. The owner, developer, or political entity requesting the service
shall pay for these services in keeping with the current contract between the city and the engineer
employed by the city.
(9) City may reimburse owner for oversized lines. Where the size of the water, sewer, and/or reuse
water lines required to meet the ultimate requirements for the city is larger than eight inches and
the total capacity is not required to serve the tract of land to be developed, the city may enter into
a contract with the owner, developer, or entity constructing the lines for reimbursement for the
excess capacity as other users request and are granted service. The developer or entity
requesting service from an existing line shall pay a tap fee on a pro rata basis, as hereinafter set
forth. The reimbursement to the owner, developer, or entity who paid for the line construction
shall be made only from those tap fees paid to the city by users of the facility paid for by the said
owner, developer, or entity.
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(10) Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon the
required demand for use and the fire protection as specified by the engineering criteria approved
by the city's engineer. The basis for cost shall be the actual total cost of the facility plus five
percent(5%) interest. The total cost shall include, but shall not be limited to, construction costs,
engineering costs, and inspection costs.
(11) Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity or
facilities which will later be acquired by a public entity may be owned, operated, and maintained
by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk
rate. The city shall own, operate, and maintain all other facilities.
(b) Rates. The rates paid by residential and commercial users located outside the city limits for the use of
the water, sewer, and/or reuse water facilities of the city shall be in accordance with sections 44-32,
44-33, and 44-34 of the Code of Ordinances.
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N Preliminary, this document shall not be recorded for any purpose and shall not be used or
viewed or relied upon as a final survey document.
Ro nd Rock R ider W ter This electronic file is provided as a courtesy to the client, and the signed and sealed
documents relating to this project shall prevail in the event of any differences.
Contour information shown hereon is derived from Strategic Mapping Program (StrotMap).
Central Texas Lidar, 2017-01-01. Web. 2019•-07-10. for the Leander SE Quarter Quadrangle
as obtained from the TNRIS DotoHub website. Contour lines ore for cartographic purposes only.
The 1 foot contours as shown are interpolated from the original data and spot checked on
the ground. Vertical Datum: NAVD88
DWG is in SURFACL• Coordinates. Coordinates are surface values based on the Texas State
Req eq,, t by 3 CR 175 Plane Coordinate System, 1VAD83, Central Zone using a combined surface adjustment factor =
1 / 0.9998738
Brett A. Butts, RPLS 16254
Release Date September 12, 2018
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