Contract - LSBD Round Rock 118, LLC - 1/12/2023 FIRST AMENDMENT TO THE
OUT-OF-CITY WASTEWATER SERVICE AGREEMENT
BETWEEN THE CITIES OF ROUND ROCK AND LSBD ROUND ROCK 118,LLC
This First Amendment to the Out-of-City Wastewater Service Agreement Betwe n the City of Round
Rock and LSBD Round Rock 118, LLC (the "First Amendment") is dated the Vtay oki
and between the City of Round Rock ("Round Rock") and the LSBD Round Rock 118, VLC
("Customer").
RECITALS
Whereas, on the 14th day of July, 2022, Round Rock and Customer entered into that certain Out-of-City
Wastewater Service Agreement, (the"Agreement"); and
Whereas,the parties now wish to amend the Agreement to add property subject to the Agreement;
NOW THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below,City and Customer mutually agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1 All terms used herein shall have the meaning assigned to them in the Agreement unless
the context clearly requires otherwise.
ARTICLE II
AMENDMENTS
Section 2.1 Section 1.01 is hereby amended to read as follows:
1.01 Customer shall be required to install a public wastewater line to the Property
and shall be responsible for the design and construction of the wastewater line and obtaining the
necessary easements for the wastewater line. In the event the connection of Customer's wastewater
line to the City's facilities is located at the proposed termination point of the wastewater line to be
constructed by 5000 Limmer Loop Investments, LLC (the "Mansions" development), the City shall
require the customer to upsize from a standard wastewater line to an 18" wastewater line. In the event
5000 Limmer Loop Investments, LLC does not construct its wastewater line for its "Mansions"
development, the Customer shall determine another means to extend wastewater to its Property,
subject to the approval of the City. If the Customer and City are unable to agree on an alternative
means to extend wastewater to the Property,this Agreement shall automatically terminate.
Section 2.2 Section 2.01 is hereby amended to read as follows:
2.01 City agrees to provide Customer with one hundred thirty-four (134) living unit
equivalents (LUEs) of wastewater service. LUE's are defined in the Round Rock Code of
Ordinances, as amended.
-9-20Z3-ace
First Amendment; LSBD wastewater agreement; revised 12.2.2022 4885-3885-7277 v.2 (002)
Section 2.2 Article II, 2.02, states that the Property is described in Exhibit "A" to the Agreement.
Said Exhibit"A"is amended as shown in Exhibit"A"attached to this First Amendment.
Section 2.3 Article III, 3.01 is hereby amended to read as follows:
3.01 Prior to connection to the City's wastewater system, Customer agrees to pay City a one-
time wastewater connection fee of$ 241,066 and any associated inspection fees. Any additional service
resulting from future additions built on the Property shall require Customer to pay additional impact fees
in accordance with Zoning and Development Code, Chapter 4, Article
VI, Sec.4-82,Code of Ordinances(2018 Edition).
ARTICLE III
MISCELLANEOUS
Section 3.1 To the extent necessary to effectuate the terms and conditions of this First Amendment,
the Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is hereby
ratified and confirmed.
Section 3.2 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 Parties hereto acting under authority of their respective representatives
have caused this First Amendment to be duly executed as of the day and year first above written.
CITY OF UND ROCK
ATTEST: By:
Cr g o n, Mayor
Meagan Spin ,City Jerk
APPROVED AS TO FORM:
Stephanie t: Sandre, City Attorney
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LSBD ROUND ROCK 118,LLC,
A Minnesota Limited Liability Company
By:
�1 (Printed Name)
Idle (Title)
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Exhibit A
(Legal
Description)
Parcel 1:
DESCRIPTION, of a 5.000 acre (217,779 square foot) tract of land situated in the George Keith
Survey, Abstract No. 371; City of Hutto, Williamson County, Texas; said tract being all of that tract of land
described in Warrant Deed With Vendor's Lien to Gary H. Lawrence and Denise R. Lawrence recorded
in Instrument No. 2005016086 of the Official Records of Williamson County, Texas; said 5.000 acre
tract being more particularly described as follows:
BEGINNING, at a 1/2-inch iron rod with yellow cap found for the northwest corner of said Gary
Lawrence tract and southwest corner of that tract of land described in Warranty Deed to Store Master
Funding XIV, LLC recorded in Instrument No. 2019061873 of said Official Records; said point being in
the northeast line of County Road 118 (a variable width right-of-way); from said point a 1/2-inch iron rod
found bears North 21 degrees, 35 minutes, 18 seconds West, a distance of 879.39 feet for the
northwest corner of said Store Master Funding XIV, LLC tract;
THENCE, North 68 degrees, 30 minutes, 13 seconds East, along the northwest line of said Gary
H. Lawrence and Denise R. Lawrence tract and the southeast line of said Store Master Funding XIV,
LLC tract, a distance of 593.68 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for the
corner in the southwest line of that tract of land described in General Warranty Deed to
Equipmentshare.com, Inc. recorded in Instrument No. 2019024491 of the said Official Records;
THENCE, South 21 degrees, 34 minutes, 52 seconds East, along said southwest line of
Equipmentshare.com, Inc. tract and the southeast line, a distance of 366.56 feet to a 1/2-inch iron rod
with "PACHECO KOCH" cap set for the southeast corner of said Gary H. Lawrence and Denise R.
Lawrence tract and the northeast corner of that tract of land described in Warranty Deed With Vendor's
Lien to David G. Abernethy and Pamela L. Abernethy recorded in Volume 1572, Page 727 of the Deed
Records of Williamson County, Texas; from said point a 1/2-inch iron rod found bears South 21
degrees, 27 minutes, 39 seconds East, a distance of 315.51 feet for the southeast corner of said David
G. Abernethy tract,-
THENCE, South 68 degrees, 28 minutes, 34 seconds West, a distance of 594.08 feet to a 1/2- inch iron
rod with "PACHECO KOCH" cap set for the southwest corner of said Gary H. Lawrence and Denise R.
Lawrence tract and the northwest corner of said David G. Abernethy and Pamela
L. Abernethy tract; said point being in said northeast line of County Road 118;
THENCE, North 21 degrees, 31 minutes, 09 seconds West, along said northeast line of County Road
118, a distance of 366.85 feet to the POINT OF BEGINNING;
CONTAINING: 217,778.56 square feet or 5.000 acres of land, more or less.
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Parcel 2:
DESCRIPTION, of a 4.369 acre (190,321 square foot) tract of land situated in the George Keith
Survey, Abstract No. 371; City of Hutto, Williamson County, Texas; said tract being all of that tract of land
described in Warranty Deed With Vendor's Lien to David G. Abernethy and Pamela L. Abernethy
recorded in Volume 1572, Page 727 of the Official Records of Williamson County, Texas; said 4.369
acre (190,321 square foot) tract being more particularly described as follows:
BEGINNING, at a 1/2-inch iron rod with "CRICHTON 4046" cap found for the southeast corner of said
David G. Abernethy and Pamela L. Abernethy tract and the southwest corner of that tract of land
described in General Warranty Deed to Equipmentshare.com, Inc. recorded in Instrument No.
2019024491 of the said Official Records; said point being in the north right-of-way line of County Road
118 (a variable width right-of-way),-
THENCE,South 67 degrees, 31 minutes, 21 seconds West,along the southeast line of said David
G. Abernethy and Pamela L. Abernethy tract and said north line of County Road 118, a distance of
593.84 feet to a PK-Nail set in asphalt for the southwest corner of said David G. Abernethy and Pamela
L. Abernethy tract,-
THENCE, North 21 degrees, 31 minutes,09 seconds West,along the southwest line of said David
G. Abernethy and Pamela L. Abernethy tract and the northeast line of said County Road 118, a
distance of 325.39 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for the northwest corner
of said David G. Abernethy and Pamela L. Abernethy tract and the southwest corner of that tract of land
described in Warrant Deed With Vendor's Lien to Gary H. Lawrence and Denise
R. Lawrence recorded in Instrument Number 20050160886 of the said Official Records;from said point a
1/2-inch iron rod found bears North 21 degrees, 31 minutes, 09 seconds West, a distance of 368.85 feet
for the northwest corner of said Gary H. Lawrence and Denise R. Lawrence tract;
THENCE, North 68 degrees, 28 minutes, 34 seconds East, along the northwest line of said David
G. Abernethy and Pamela L. Abernethy tract and the southeast line of said Gary H. Lawrence and
Denise R. Lawrence tract, a distance of 594.08 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap
set for the northeast corner of said David G. Abernethy and Pamela L. Abernethy tract and the
southeast corner of said Gary H. Lawrence and Denise R. Lawrence tract; said point being in the
southwest line of that tract of land described in General Warranty Deed to Equipmentshare.com, Inc.
recorded in Instrument No. 2019024491 of said Official Records
THENCE, South 21 degrees, 27 minutes, 39 seconds East, along the northeast line of said David
G. Abernethy and Pamela L. Abernethy tract and said southwest line of the Equipmentshare.com, LLC
tract, a distance of 315.51 feet to the POINT OF BEGINNING;
CONTAINING: 190,321 square feet or 4.369 acres of land, more or less.
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Parcel 3:
DESCRIPTION, of a 2.073 acre (90,314 square foot)tract of land situated in the George Keith Survey, Abstract No.
371, City of Hutto, Williamson County, Texas; said tract being part of that tract of land described in General
Warranty Deed to Equipmentshare.com Inc. recorded in Document No. 2019024491 of the Official Public Records
of Williamson County, Texas; said 2.073 acre (90,314 square foot) tract being more particularly described as
follows (Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment),
Central Zone 4203,based on observations made on September 9,2021):
BEGINNING, at a 1/2-inch iron rod with red "RPLS 4046"cap found for the north end of a corner clip located at the
intersection of the west line of State Highway No. 130 (a variable width right-of-way)and the north line of County
Road No. 118 (a variable width right-of-way); said point being the most easterly southeast corner of said
Equipmentshare.com Inc.tract;
THENCE, South 06 degrees, 58 minutes, 33 seconds West, along said west line of State Highway No. 130 and a
south line of said Equipmentshare.com Inc. tract, a distance of 23.24 feet to a 1/2-inch iron rod with red "RPLS
4046" cap found for the south corner of said corner clip; said point being the most southerly southeast corner of
said Equipmentshare.com Inc.tract;
THENCE, South 67 degrees, 39 minutes, 31 seconds West, along said north line of County Road No. 118 and the
south line of said Equipmentshare.com Inc. tract, a distance of 59.71 feet to a 1/2-inch iron rod with red "RPLS
4046" cap found for the southwest corner of said Equipmentshare.com Inc. tract and the southeast corner of that
tract of land described in Warranty Deed to David G. and Pamela L.Abernethy recorded in Volume 1572, Page 727
of the Deed Records of Williamson County,Texas;
THENCE, North 21 degrees, 27 minutes, 39 seconds West, departing said north line of County Road No. 118 and
along the west line of said Equipmentshare.com Inc. tract and the east line of said Abernethy tract, a distance of
315.51 feet to a 1/2-inch iron rod found for the northeast corner of said Abernethy tract and the southeast corner
of that tract of land described in Warranty Deed to Gary H. and Denise R. Lawrence recorded in Document No.
2005016086 of said Official Public Records;
THENCE, North 21 degrees, 34 minutes, 52 seconds West, continuing along said west line of Equipmentshare.com
Inc. tract and along the east line of said Lawrence tract, a distance of 366.56 feet to a 1/2-inch iron rod found for
the northeast corner of said Lawrence tract and the southeast corner of that tract of land described in Warranty
Deed to Store Master Funding XIV, LLC recorded in Document No. 2019061873 of said Official Public Records;
THENCE, North 68 degrees, 30 minutes, 13 seconds East, departing said west line of Equipmentshare.com Inc.
tract, a distance of 192.60 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set in said west line of State
Highway No. 130 and the east line of said Equipmentshare.com Inc.tract;
THENCE, along said east line of Equipmentshare.com Inc. tract and said west line of State Highway No. 130, the
following three(3)calls:
South 19 degrees, 17 minutes, 38 seconds East, a distance of 307.58 feet to a 2-inch aluminum disk
stamped"TXDOT"found for corner;
South 22 degrees, 44 minutes, 35 seconds West, a distance of 151.26 feet to a 2-inch aluminum disk
stamped "TXDOT"found for corner;
South 20 degrees,31 minutes,57 seconds East,a distance of 245.08 feet to the POINT OF BEGINNING;
CONTAINING:90,314 square feet or 2.073 acres of land, more or less.
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