CM-2025-223 - 9/12/2025 This Early Use Waiver Agreement("Agreement")is made and entered into as of September 2,2025, by and
between:
• Owner:City of Round Rock,having its principal place of business at 221 East Main Street
Round Rock,TX 78664,and
• Contractor: SpawGlass Contractors, Inc., having its principal place of business at l I t 1 Smith Road,Austin,
TX 78721
Collectively referred to as the"Parties."
1. Background
WHEREAS,the Owner and Contractor entered into a Construction Agreement dated February 22,2024 for the
construction of Old Settlers Park Buildout located at 3300 E Palm Valley Blvd, Round Rock,TX 78665("Project");
WHEREAS,the Owner desires to take possession and begin use of certain portions of the Project prior to
Substantial Completion only for the dates set forth herein;
WHEREAS,the Contractor agrees to permit such early use under the terms set forth herein.
2. Early Use Area
The Owner shall be permitted to occupy and use the following portions of the Project prior to Substantial
Completion for dates 9/1812025 thru 9/21/2025:
- Harrell Parkway A.1 roadway and shared-use path complete between STA 54+85.39 and STA 70+00
- Harrell Parkway A.1 roadway and shared-use path complete between STA 80+00 and STA 102+73.00
- Harrell Parkway A.1 —Apex Parking Lot and Flatwork(C-14, C-11,C-12) ,
- Lakeview—Yonder's Point Complete
Lakeview—Flatwork and Landscape areas as shown on attached exhibit for Cross Country Route
3. Conditions of Use
• The Owner acknowledges that the Early Use Area is not yet substantially complete and may require additional
work.
• The Owner's use shall not constitute acceptance of the Work or relieve the Contractor of its obligations under
the Construction Agreement.
Cr/1- 2�Z5 223
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SpawGlass Early Use Waiver r\g.rcemcnt
4. Risk and Liability
• The Contractor shall not be liable for any loss,damage,or injury arising from its use of the Early Use Area.
• The Contractor shall not be liable for any delays or additional costs resulting from the Owner's early use.
• The Contractor may request an equitable adjustment to the Contract Time or Contract Sum if impacted.
5. Insurance and Indemnification
• The Owner shall maintain insurance coverage for the Early Use Area consistent with the requirements of the
Construction Agreement.
• The Owner shall indemnify and hold harmless the Contractor from any claims,damages,or liabilities arising
out of the Owner's use of the Early Use Area to the fullest extent permitted by law.
6. Miscellaneous
• This Agreement shall not modify or waive any other provisions of the Construction Agreement unless expressly
stated herein.
• This Agreement shall be governed by the laws of the State of Texas.
7.Signatures
IN WITNESS WHEREOF,the Parties have executed this Early Use Waiver Agreement as of the date first written
above.
OWNER
By: '11,
Name:8 bob rjvvrizi1-1'
Title: C4 ),A
Date: aI12I202.5
CONTRACTOR
By:
Name: ( tvI Nl ,
Title: ci,oSti2t E)(cc /.0.1
Date: 9i1t,17,
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