R-2022-115 - 4/14/2022 RESOLUTION NO. R-2022-115
WHEREAS, Siena Municipal Utility District No. I ("District") purchases and receives
wholesale wastewater service from the City of Round Rock ("City"); and
WHEREAS, CR 110 RE Investment, LLC ("CR 110") plans to develop property located on
the east side of CR 110, south of Sophia Place, described as Lot 7, Block A, Siena South, a subdivision
in Williamson County, Texas ("Property"); and
WHEREAS, the City, District and CR 110 wish to enter into an agreement in which the City
and CR 110 may utilize the District's wastewater system to provide wastewater service to the Property
on a pass-through basis, 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
Agreement for Pass-Through Wastewater Service with the District and CR 110, 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 14th day of April, 2022.
. ....................
CRAIG 4MRG.4N, ..... .
Mayor
City of Round Rock, Texas
ATTEST:
.... ...... mm
MEAGAN S INK,., ity Clerk
LEXHIBIT
A
AGREEMENT FOR PASS-THROUGH WASTEWATER SERVICE
[LOT 7, BLOCK A,SIENA SOUTH]
THIS AGREEMENT FOR PASS-THROUGH WASTEWATER SERVICE [LOT 7,
BLOCK A, SIENA SOUTH] is"Agnggrnent") is entered into effective as of the Effective
Date (defined below), by and among SIE NA MUNIPA-L UTILITY DISTRICT NO. 1, a
political subdivision of the State of Texas operating under Chapters 49 and 54 of the Texas
Water Code (the "nktrict"), CR lio RE INVESTMENT LLC, a Texas limited liability
company ("CR no"), and the CITY OF ROUND ROCK, TEXAS, a home rule municipality
located in Williamson County, Texas (the The District, CR 11o, and the City are
sometimes referred to individually in this Agreement as a 'EaM( and collectively as the
REMAM:
A. The District purchases and receives wholesale wastewater service from the City
pursuant to the les tewater re ernt dated June 27, 2013 between the District and
the City(the"Wholesale Agreemenr).
B. CR no is planning to develop Lot 7, Block A, Siena South, a subdivision in
Williamson County,Texas, according to the map or plat thereof recorded under Document No.
202oo99820, Official Public Records of Williamson County, Texas (the "RMaertU"), with
convenience store, gas station and other retail and/or restaurant uses within a single ±8,700
square foot building. The City has represented to CR 110 that 2.5 living unit equivalents
""L s") of wastewater capacity in the City's wastewater system are available for use by CR iio
to serve the Property. However, because the City does not have existing wastewater lines in the
area to which the Property could readily connect, CR iio has requested to use the District's
wastewater system on a pass-through basis in order to obtain retail wastewater service from the
City to the Property.
C. The Parties desire to enter into this Agreement to set forth the terms and
conditions on which the City and CR lio may utilize the District's wastewater system to provide
wastewater service to the Property on a pass-through basis.
AGREEMENT
For and in consideration of the mutual promises, covenants,obligations, and benefits of
this Agreement,the Parties contract and agree as follows:
Section i. Recitals. The above and foregoing recitals are incorporated herein by
reference.
Section 2. Pass-Through Wastewater Service.
A. Authori zation—Qf--Pass®Throu h Service. Subject to the terms and
conditions of this Agreement, the City may connect a wastewater line (the "CR_110
h�astewater Line") to the District's wastewater lines (the
and wastewater collection system at the point of connection identified as the "Point of
Connection to Siena MUD #1 System" on Exhibit "A?' attached hereto (the "District
WastewaterY_QiLnt o Connection") to allow the City to provide Up to 2.5 LU Es of retail
f
wastewater service to the Property using the District's wastewater system on a
{W1048333.21
pass-through basis. The District has reviewed its current capacity and has determined
that it has the wastewater capacity to allow 2.5 LUEs of wastewater to pass from the
Property through its wastewater lines to the City's wastewater system in accordance with
this Agreement.
B. Limitations and other Conditions Qf Service.
1. Notwithstanding anything else in this Agreement to the contrary,
in no event will the City or CR i1o, out the prior written consent of the
District,deliver through the District's wastewater collection system more than 2.5
LUEs of wastewater from the Property measured at the District Wastewater of
of Connection.
2. The District has and will continue to have its guaranteed
reservation and commitment Of 2,556 LUEs of wastewater capacity from the City
under the Wholesale Agreement. None of the LUEs of capacity guaranteed and
reserved to the District under the Wholesale Agreement will be utilized to serve
the Property under this Agreement. Instead, the City is committing 2.5 LUEs of
wastewater capacity directly to the Property and will simply be using the
District's wastewater system to provide retail wastewater service to the Property
on a pass-through basis.
the extent that CR iio desires to make improvements to the
Property that would impact wastewater generation, CR lio will submit all plans
and specifications for such improvements to the District prior to construction of
such improvements so that the District may confirm that wastewater generated
from such improvements will not exceed the maximum limits set forth in this
Agreement. Each submission will include an engineer's calculation of LUEs of
wastewater service proposed and the peak wet weather wastewater flows that will
be generated by the improvements, and such calculation will be subject to
confirmation and approval by the District. Further, within to as after
approval by the applicable governmental authority, CR 110 will provide the
District with copies of all approved site plans, and amendments thereto. CR 110
will be solely responsible for the cost of any infrastructure improvements to CR
lio's or the CiWs wastewater systems that are necessary to enable the City to
provide retail wastewater service to the Property, including the CR 110
Wastewater Line from the manhole located adjacent to the Property to the
District Wastewater Point of Connection (the TUio aste ater Facilities")
and CR iio will, at its sole costa expense, operate and maintain the CR no
Wastewater Facilities in compliance with all applicable rules and regulations;
provided, however, that the CR lio Wastewater Line may be dedicated to the
District, in is case the District will accept the CR iio Wastewater Line for
operation and maintenance.
4. THE DISTRICT WILL HAVE NO LIABILITY OF ANY
KIND OR NATURE WITH RESPECT TO THE SIENA NORTH
WASTEWATER FACILITIES,AND SIENA NORTH WILL INDEMNIFY,
DEFEND, AND HOLD THE DISTRICT AND ITS DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND
REPRESENTAMFES HARMLESS FROM AND AGAINST ANY AND
ALL COSTS, DAMAGES, LIABILITIES (INCLUDING REASONABLE
ATTORNEYS' FEES AND COSTS OF LITIGATION), SUITS, ACTIONS,
(W1048333,2}
Agreement for Pass-Through Wastewater Service 2
PROCEEDINGS,LEGAL, OR ADMINISTRATIVE
DEMANDS,
DAMAGES,PUNITIVE LOSSES,
COSTS, OR CLAIMS OF ANY KINDOR NATURE (COLLECTIVELY, -COL—SM) THAT ARISE BECAUSE OF
OR IN CONNECTION WITHUSE, OPERATION, OR
MAINTENANCE OF THE SIENA NORTH WASTEWATER FACILITIES.
SUCH OBLIGATION ISIWHETHER ACTUAL OR ALLEGED
OMISSIONSNEGLIGENT ACTS OR
LOSS IN WHOLE OR I ; PROVIDED HOWEVER, IN THE
DISTRICTEVENT OF ANY JOINT OR CONCURRENT LIABILITY BETWEEN THE
I , SIENA NORTH'S OBLIGATIONS
HEREIN WILL BE REDUCED BY THE PERCENTAGE OF
NEGLIGENCE OR FAULT APPORTIONED TO THE DISTRICT.
s CR iio and the City will be responsible sir ensuring at all
dischargesof industrial to from the Property comply with federal, state, and
municipal requirements regarding pretreatment and monitoring sof industrial
waste and other prohibited waste. Any compliance or enforcement efforts or
pretreatment requirements will be established and monitored by the City in
accordance with the City's ordinances; however, the District will be entitled to
inspect the facilities constructed to serve the Property and the connection at the
District Wastewater Point of Connection and to test the wastewater received at
the District Wastewater Point of Connection. If any test reflects that any
wastewater other than domestic wastewater is being received at the District
Wastewater Point of Connection, pretreatment of such wastewater will be
required, in accordance the City's ordinances, at e expense of e
discharging party. The District will not have any obligations regarding the
required pretreatment of such wastewater, The City will not impose any fee,
charge, or fine upon the District for any violation of any ordinance, rule,
regulation, or agreement caused by wastewater received at the District
Wastewater Point of Connection, nor will the City impose upon the District any
surcharge that is caused by wastewater received at the District Wastewater Point
of Connection.
6e The 2.5 LUEs of wastewater service authorized under this
Agreement may only be used to provide wastewater service to CR 11tH for the
Property. Except as expressly authorized by this Agreement for pass- rough
wastewater service to the Property, neither CR no nor the City may connect, or
allow any other person or entity to connect, directly or indirectly, any other
facilities,persons,or property to theDistrict's water or wastewater utility systems
without the prior written consent of the District. If CR 110 or the City does so,
the District may immediately terminate this Agreement and/car respire CR I lo or
e City, as applicable,to immediately terminate service to the facilities, persons,
or property at have been connected in violation of this res ent. The District
reserves the right to deny for any reason any request by CR 110 or the City to
increase the level of service under this Agreement or to serve any other facilities,
persons,or props
C. a aci ha e° For the 2.5 LUEs of pass-through wastewater se ce
capacity made available under this Agreement to the Property, CR ixo will pay a
non-refundable capacity charge of $1,208.84 to the District (the
The Capacity Charge must be paid on or before the Effective Date.
{wI0as3.2}
Agreement for Pass-Through Wastewater Service
eration&Maintenang!g PaMent. The Districtwill invoice iio for
prorata portion of the costs of the operationDistrict Wastewater
Lines used to provide pass-through wastewater s `ce to each t under this Agreement
s to each , the " eration & Maintenance Paumenn. The Operation
Maintenance Payment ' be allocateds ratio of the number of LUEs of
pass-through ase ter service capacity a available ta Lot under this
Agreement a ° e t such number will not include any LUEs for whiche Capacity
Charge has been paid 'l such ei utilized) to the total number o
wastewater LUE capacity e District Wastewaterset forth on Fxhibit "B"
attached erste (as to each Lot, the ®` ar 1 •ora"). The Operation
Maintenance Payment no withindays after receipt e invoice.
The Operation & Maintenance Payment will be in additiony other payments
required y this Agreement. Interest charges ar any overdue Operation&Maintenance
Payment will be paid by CR iio in accordance with Texasver e t Code Section
.
E. Debt 'ce Payment. On or before October 1 f each year during the
term of this Agreementu including 7, CR no will pay an annual fee o
$75.00 per LUE to the Districtor the debt service for the District WastewaterLines used
to provide pass-through ase r service to each is Agreement( s to each
Lot, the "Debt Service eras"), except a y LUEs ° 1 not be factored into
Debt Service t until suchare actually beingutilized. a `ce
Payment s CR 11 's Prorata Allocation of the debtservice owed for the District
Wastewater Lines. The amount of the Debt Service Payment may be adjusted by the
District nu y to reflect the actual debt service for the District WastewaterLines, i
such e t service changes; r o ev ,the District shall providenotice to
CR iio of any adjustment at least idays prior to the effective date of such
adjustment. The Debt Service Payment willaddition o any other payments
required y this Agreement. Interest charges y overdue Debt Servicea ll
e paid by CR no in accordance with Texasve e t Code Section 2251.025.
F. ao e _ _.Retail.... . The City will bill wastewater customers
withinthe Property directly for retail wastewater services rise o such customers.
Section 3. ® In the event of defaultby a Party,each a efa t a y
give to the defaultinga c such a au i specifying a failure or default i
question. If the defaulting Party fails to fully cure the defaultspecified in such oce within
thirtye after receipt of such otce,each nondefaultinghave the right to terminate
is Agreement as of the date of the event of the default and/orpursue all other legal o
equitable remedies. Each nondefaultinga employ attorneys to pursue its legal rights
and, if it prevailsbefore any court or agency of competent j 's ictia , the defaulting
be obligated to pay all expenses incurred by the nondefaulting Party, including reasonable
attorneys'fees. In addition o all other remedies availablet a District, if, fora y reason, CR
i10 or the Cityviolates any provision of this Agreement, the District will, afterthe notice and
opportunity cure period describedabove, havet to disconnect the Property
District's wastewater system to terminate s Agreement i , in whichevent, no wille
solely responsible for all actual costs and standard is 'ct fees related to disconnection
e District's wastewater system.
Section . Severability. eprovisions is Agreement are severable, n if any
provision o f Agreement or application thereof to any personcircumstance is
ever be held y any court of competent jurisdiction to be invalid or unconstitutionalfor any
req 333.2)
Agreement for Pass-Through Wastewater Service
reason, the remainder of this Agreement and the application of such provision or part of this
Agreement toother persons or circumstances will not be affected thereby.
Section 5. Modification. This Agreement will be subject to change or modification
only with the mutual written consent of all Parties.
Section 6. Assignability. This Agreement may not be assigned by CR no or the
City, in whole or in part, out the prior written consent of the District. This Agreement win
be recorded in the Official Public Records of Williamson County, Texas, will run with the land
comprising the Property, and will be binding upon and inure to the benefit of the Parties, their
respective successors and pertnitted assigns, and all future owners or occupants of any portion
of the Property.
Section 7. Applicable Law. This Agreement will be governed by, and construed in
accordance with the laws of the State of Texas. All of the obligations contained in this
Agreement are performable in Williamson County,Texas.
Section 8. Parties at Interest. This Agreement will be for the sole and exclusive
benefit of the Parties hereto and will never be construed to confer any benefit to any third party.
Section 9. Waiver. Each Patty may specifically, but only in writing, waive any
breach of this Agreement by another Party, but no such waiver will be deemed to constitute a
waiver of similar oro er breaches by such other Party.
Section io. Notices. All notices to the District will be in writing and mailed by
Certified Mail, Return Receipt Requested, addressed to:
Siena Municipal Utility District No° i
c/o Armbrust&Brown,FALL,C
Attn: Kevin M. Flahive
loo Congress Avenue,Suite 1300
Austin,Texas 78701
with copy to:
Armbrust&Brown, PLLC
Attn: Kevin M. Flahive
loo,Congress Avenue,Suite 1300
Austin,Texas 78701
All notices to CR lio will be in writing and mailed by Certified Mail, Return Receipt Requested,
addressed to:
CR no RE Investment LLC
Attn: Sha-keel Badarpura
11940 Jollyville Road,Suite no-N
Austin,Texas 78759
All notices to the City will be in writing and mailed by Certified Mail, Return Receipt Requested,
addressed to.
[M0483332)
Agreernewftflcw Pass Semite
City of Round Rock
Attn: City Manager
221 East Main Street
Round Rock,Texas 78664
with a copy to:
Sheets&Crossfield,P.C.
Attn. Stephan L.Sheets
309 East Main Street
Round Rock,TX 78664
Any Party may change its address by giving written notice of such change to the other Parties.
Section
® Term. This Agreement will be in force and effect for a term of twenty
years from the Effective Date.
Section 12. Effective ® The effective date of this Agreement (the "E&ctive
tP rths Ag
g9')will be the date that the last of CR lio the City and the is i ct executes ireement;
provided, however, that notwithstanding anything herein to the contrary, in the event CR im
fails to acquire fee simple title to the Property by September 30, 2021, this Agreement will
automatically terminate and be of no further force or effect
Section 13. Multiple Originals. This Agreement may be executed in a number of
counterparts, each of is will for all purposes, be deemed to be an original, and all such
counterparts will together constitute and be one and the same instrument.
Section 14. Entire
® This Agreement, including Exhibits,constitutes the
entire agreement of the Parties and supersedes all prior agreements and understandings related
to the subject matter hereof.
Section 15.
® Each Party represents and warrants that it has the full right,
power, and authority to execute this Agreement and all related documents. Each person
executing this instrument on behalf of a Party represents that he or she is an authorized
representative of and has the authority to sign this document on behalf the respective Party.
[counterpart signature pages follow]
(WI048333.21
Agreement for Pass-Through Wastewater Service 6
WHEREOF, the Pales have caused this r int to be executed
effectives of- n Effective Date,
I
SIENA C1 AL ISTRICT NO. i
.-- mm
nder� Idem
rd f Directors
Date: Jun � 2021
THESTATE C
COUNTY VIS
This instrument was acknowledged before :ane on th of June, 2021,any Douglas
uenn tk r,President of tine;Board of Directors of Siena Municipal Utility District No. i,on behalf
f said district.
(s USA W
rotary Pnnh)lie �, rn re
03-10-2025
(W!11,048133,2)
i
CR i10 INVESTMENT LLC,
a Texas limited liability company
W
y'
a
e<.. lJ�dl
Title:- 6etlade'"4¢011-
Date® June /407� 2i
THE STATE OF TEXAS §
COUNTY OF
-yst
This instrument was acknowledged befere me on the ay of June,2021,by �c'1
44jy� &WMW61, of CR iao Investment L, C, a Texas limited liability company, on
behalf of said i ie is ili company.
(sea]) m ,
Mary ie Sip ature
R]Eil
5442 Ex res,2022
(VVI Cm,10I!W3-'2n
Agneernenit for 'wu.w-Thrfju g h''Wastearvra'Ler''��irrrnrice
CUX..
CM OF ROUND ROCK, rEXAS
By:
Craig Morgan, Mayor
.Date. June—, 2021
THE STATE OFT ' §
COUNTY OF §
This instrument was acknowledged before me on the — day of June, 2021, by Craig
Morgan, Mayor of the City of Round Rock,Texas,on behalf of said city.
(seal)
Notary Public Signature
W1048333.2)
Agreerr�ent for Pass-'Tbroug
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EXHIBIT"B"
PRORATA ALLOCATION
Developer Interest Calcuaftlons
LOT 7 and LOT 6
not tided 3.00% Costs interest
WWA Costs $628.59
Completed 1/28/2021
Close 3121/2021 Assume 3 months $431
Notbori ded U10% Costs Interest
WW E Costs $550.25
Completed 112812021
Close 312112021 Assume 3 moriths $4.35
Total Developer interest $9.07
Total Costs
ConstrucNon
WWA $628.69
VM E $580.25
Engineering and Testing 12% construction costs
WWA $76.43
WW E $69.63
Developer Interest
WWA $4.71
VVW E::-.-
$4.35
T Costs Per Section
WWA $708.74
WWE
® 3
Total Cost for Pass.Through Service for Lot 7and air of 6 $1,362.97
,(,',,Wr 1048333.2)
Agreement for"Pass-Throlugh Vftstolllwate r SeMce
Slam MUD I WWA.1locagon for Siena Commals]Along CR 110 SierwftbLCft6and7
Segmat MH ID pipe Sim Slope Unit Cost Slam Lues Total Costs
fin) N
WWA
12 025 Una A wo
T Diam.MH 1 7.000.00 7000
V Diam,Drap MH 2 8.000.00 IBM
12 9 24-261 deep 150 280.00 420DO
12-22-24 deep 214 215.00 46010
F—0.9 MH 44 60000 22DOO
Connect to Ex 1 z5w-OG 25DO
Trench Solely 354 1 364
Adjust MH 3 250 750
24m Sted Encasement 80 188.00 ISNO
staldro 3B4 125 455
WW E
a as Line E 300
®Std MH bOW 3 4,900.00 14700
8-104Z deep 163 W.00 8639
8
®! ®10 370 57.00 21090
8
®%16 deep lie 7i.00 8378
8-I6.1V deep 75 90.00 6750
E.D.4!MH Is 450.00 8100
Staking 726 125 907.5
Trench SWW 726 1 726
Adjust MH a 250 15M
70J90.50
TOW C4$15. $22Z909.50
vim
4-
Pro4tsw Costs Ir Line ITUne Total Pro-Rated Costs
CO
LOT 7 2.5 LUEs $55025 v- E
LOT a 2-6 Wes $580.25 $anm $IASA4
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City Limits
8801 CR 110
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