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R-93-12-23-9D - 12/23/1993Mayor Charles Culpepper Mayor Prodem Robert Sduka Council Members Rod Morgan Rick Stewart Furl Palmer Martha Chavez Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets January 4, 1994 Randy Morine Heritage Properties, Inc. 3610 Shell Road Georgetown, TX 78628 ATTN: Randy Morine Dear Mr. Morine: Resolution No. R- 93- 12 -23 -9D was approved by the Round Rock City Council on December 23, 1993. Enclosed is a copy of the resolution and a copy of the agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, ?ftyLe, /QihG- Joanne Land, Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 Fax 512- 255 -6676 1. 800 - 735 -2989 (TDD) 1- 800 - 735 -2988 (Voice) Mayor Charles Culpepper Mayor Pro -tem Robert Stluko Council Members Rod Morgan R,ck Stewart Ear! Palmer Martha Chavez Jimmy Joseph City Manager Robot L. Bennett, Jr. City Attorney Stephan L. Sheets January 4, 1994 THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 Round Rock Water Supply Corporation c/o John Jones 500 West 16th Street Austin, TX 78701 Dear Mr. Jones: Resolution No. R- 93- 12 -23 -9D was approved by the Round Rock City Council on December 23, 1993. Enclosed is a copy of the resolution and a copy of the agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land, Assistant City Manager/ City Secretary Enclosures Fax 512-255-6676 1. 800 - 735 -2989 (TDD) 1- 800 - 735.2988 (Voice) OAK BLUFF ESTATES PHASE THREE WASTEWATER UTILITY AGREEMENT RECITALS THIS AGREEMENT (herein referred to as 'the Agreement ") is made by and between the CITY OF ROUND ROCK, TEXAS, a home rule municipality (herein referred to as the "City "), RANDY MORINE HERITAGE PROPERTIES, INC., a Texas Corporation (herein referred to as "Morin ") and ROUND ROCK WATER SUPPLY CORPORATION, a Texas Corporation (herein referred to as "RRWSC "). WHEREAS, Morine is the developer of that certain subdivision known as OAK BLUFF ESTATES, PHASE 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slides 253 -259, Plat Records, Williamson County, Texas (the "Phase 2 Property "); WHEREAS, pursuant to an agreement by and between the parties hereto, wastewater from the Phase 2 Property is collected by RRWSC through a wastewater system owned by RRWSC, which wastewater is subsequently sent to the City for treatment at the City's wastewater treatment plant (the "Wastewater System "); WHEREAS, Morine now intends to develop property adjacent to the Phase 2 Property, with such new development to be known as OAK BLUFF ESTATES, PHASE 3, a subdivision in Williamson County, Texas, (the "Phase 3 Property "), and Morine needs thirty -six (36) living unit equivalents ( "LUE's ") of wastewater capacity to serve the Phase 3 Property; WHEREAS, the City, Morine and RRWSC have agreed that Morine will be allowed to secure wastewater service to the Phase 3 Property by connecting onto the Wastewater System currently serving the Phase 2 Property, and Morine, at Morine's sole cost and expense, is now prepared to commence construction of the gravity flow wastewater line necessary to serve the Phase 3 Property through such connection, as well as make certain improvements to a portion of the existing wastewater system serving the Phase 2 Property, subject to the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and in consideration of the sum of $1.00, the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties do hereby agree as follows: SECTION ONE. DESCRIPTION OF PROJECT. 1.01. Description, The project ( "Project ") consists of (a) the construction of a six inch ( "6 ") gravity flow wastewater line and related appurtenances to serve the Phase 3 Property, and (b) the replacement of an existing 8" wastewater main currently serving the Phase 2 Property with a 10" wastewater main, construction of a new 6" wastewater main and related appurtenances on the Phase 2 Property and the replacement of an existing 6" wastewater main currently serving the Phase 2 Property with an 8" wastewater main. The portion of the Project regarding the construction of the six inch ( "6 ") gravity flow wastewater line and related appurtenances shall be constructed approximately in the location shown on the rough plat attached hereto marked Exhibit "A" and incorporated herein by reference for all intents and purposes. The portion of the Project regarding the replacement of an existing 8" wastewater main currently serving the Phase 2 Property with a 10" wastewater main, construction of a new 6" wastewater main and related appurtenances on the Phase 2 Property and the replacement of an existing 6" wastewater main currently serving the Phase 2 Property with an 8" wastewater main shall be constructed approximately in the location shown on the rough plat attached hereto marked Exhibit "B" and incorporated herein by reference for all intents and purposes. The purpose of the new 6" wastewater line to be constructed is to collect and transport wastewater from the Phase 3 Property through RRWSC's wastewater collection system to the City's wastewater treatment plant for treatment. 1 SECTION TWO. CONSTRUCTION MANAGER FOR PROTECT, 2.01. Construction Manager. The Construction Manager for the Project shall be Morine. Morine shall be responsible for securing and awarding bids for the construction of the Project, supervise and control (or employ a Project Supervisor) the day - to-day activities regarding the construction of the Project, review and approve any change orders, and to do such other acts and deeds as said Construction Manager may deem necessary, appropriate or convenient, in the sole discretion of such Construction Manager, to manage, supervise and control the construction of the Project. SECTION THREE. CONSTRUCTION OF PROTECT. 3.01. Construction; Completion Date. Morine shall proceed with construction of the Project exercising all due diligence so as to complete the Project on or before one hundred eighty (180) days from the effective date of this Agreement. 3.02. Construction Costs. The parties agree that neither the City or RRWSC shall bear any of the construction costs of the Project and that all of the construction costs of the Project shall be borne by Morine. 3.03. Cooperation of Citv and RRWSC. The City and RRWSC agree to fully cooperate with Morine in the construction of the Project, including the providing of such information and assistance Morine may reasonably require to secure any necessary approvals and permits and to satisfy the requirements for Morine to secure wastewater service to the Phase 3 Property. The City further agrees to (a) provide Morine, and the City does hereby grant to Morine the use of, any and all City rights -of -way and easements that may be reasonably necessary to construct the Project, (b) use its best efforts to have the City Council declare any additional easements that may be necessary to construct the Project as a public necessity and timely use its powers of eminent domain to acquire such easements (the costs of which shall be bome by Morine), and (c) timely approve the final completion and acceptance of the Project through the City's normal subdivision process after Morine reasonably shows that the Project is capable of serving the Phase 3 Property in the manner contemplated in this Agreement. 3.04. Rate Structure. The parties agree that RRWSC will not charge any fees for the collection and transport of the wastewater from the Phase 3 Property through the RRWSC collection system to the City's wastewater treatment plant. The City agrees that City fees for such wastewater service shall have the same rate structure as the rate structure for in -city users and such fees shall be charged to the Phase 3 Property at the City's rates for in-city users. The parties agree that RRWSC will be credited by the City for any volume of sewage transported through its lines. 3.05. Ownership of Project; Assignment of LUE's. Morine shall be entitled to receive from the City thirty -six (36) LUE's of wastewater capacity in the Project for Morine's construction of the Project. Upon final completion and acceptance of the Project by the City (through the City's normal subdivision process), ownership of the Project shall immediately be transferred and conveyed to the City and the City shall accept the Project for operation and maintenance, and simultaneously therewith, the City shall execute and deliver to Morine an assignment of thirty -six (36) LUE's of wastewater capacity in the Project to serve the Phase 3 Property, such assignment to be in a form reasonably acceptable to the City and Marine. This Agreement is not intended to exempt Morine from the payment of all applicable development fees to the City, including, but not limited to, water and wastewater impact fees. SECTION FOUR. MISCELLANEOUS PROVISIONS. 4.01. Assignment. This Agreement may not be assigned by any of the parties hereto without the prior written consent of the other parties, except that Morine shall be allowed to assign Morine's interest in this Agreement. In the event of any such assignment, Morine agrees to give the other parties prompt written notice of the assignment, including a copy of the written assignment and the mailing address, telephone number and name of the assignee. 2 4.02. Attorney's Fees. In the event that any party brings suit for the breach of this Agreement or of any condition, representation, covenant or agreement contained herein, the prevailing party shall be entitled to recover all reasonable attomey's fees, costs and expenses incurred by the prevailing party in connection therewith from the non - prevailing party. 4.03. Notices, All notices, demands and requests required or permitted to be made or given hereunder shall be in writing and shall be deemed to have been properly delivered and received (a) as of the date of actual delivery to the addresses set forth below if personally delivered, (b) upon deposit in a regularly maintained receptacle for the United States mail, certified mail, return receipt requested and postage prepaid, or (c) deposited with Federal Express or similar overnight delivery system for overnight delivery with all costs prepaid, and addressed to the party to whom the notice is to be delivered at the addresses set forth below (or to such other address which any party may so designate by delivering seven (7) days prior written notice to the other parties), to -wit: If to the City: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett with a copy to: Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 f to Morine: Randy Morine Heritage Properties, Inc. 3610 Shell Road Georgetown, Texas 78628 Attention: Randy Morine with a cony to: Steven H. Sproull 711 San Antonio Street Austin, Texas 78701 if to RRWSC: 4.04. Authority. Each party represents and warrants to the other party that such party and the individual executing this Agreement on such party's behalf have been granted the full legal right, power and authority to execute this Agreement through all necessary corporate, partnership, City Council or other action and that all formal requirements necessary or required by any law, rule or regulation regarding its corporate, partnership or municipal organization or existence (as applicable) have been fulfilled. The parties shall present to each other all reasonable evidence of such authority which may be reasonably requested in connection with this Agreement, including (if applicable) a certified corporate resolution or similar resolution authorizing the applicable party to enter into this Agreement and authorizing the officer, employee or agent signing this Agreement on behalf of said party to execute this Agreement and bind the applicable party to this Agreement. Each party further represents to the other parties that neither the execution or delivery of this Agreement nor their performance under this Agreement requires the approval or joinder of any third party nor will it result in a violation or breach of any other agreement to which they may be a party (or, if approval of any such third party is required, such approval has been secured). The parties hereto understand and acknowledge that the other parties are relying on the warranties and representations set forth in this Agreement and the parties would not enter into this Agreement if such warranties and representations were not true and correct. 3 Round Rock Water Supply Corporation c/o John Jones 500 West 16th Street Austin, Texas 78701 4.05. Date of' Deadlines. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next day which is not a Saturday, Sunday or legal holiday. 4.06. Texas Law to Apply. This Agreement and the rights and obligations of the parties hereunder are performable in Williamson County, Texas, and shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Texas. 4.07. Parties Bound, This Agreement shall be binding upon and inure to the benefit of the parties of this Agreement and their respective heirs, executors, administrators, legal representatives, successors and assigns (only as permitted herein). 4.08. Parearaph Headings. The paragraph headings or other headings contained in this Agreement are for convenience only and shall not enlarge or limit the scope or meaning of the substance of this Agreement. All references in this Agreement to articles, sections, subsections and other subdivisions refer to corresponding articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any of such subdivisions are for convenience only and shall not constitute part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement ", this instrument ", "herein ", "hereof", "hereby ", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. 4.09. Time of the Essence, Time is of the essence of this Agreement. 4.10. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context requires otherwise. 4.11. Legal Construction. Every provision in this Agreement is intended to be severable. In the event 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 of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 4.12. No Waiver. The failure of any party to insist upon strict performance of a covenant, duty or obligation hereunder, irrespective of the length of time for which such failure continues, shall not be a waiver of such party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any covenant, duty or obligation hereunder shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other covenant, duty or obligation hereunder. 4.13. Counterparts. This Agreement may be executed in one or more counterparts, each of which counterparts shall be deemed to be an original and all of which shall constitute one and the same document. 4.14. Entire Agreement, This Agreement and the exhibits hereto set forth the entire agreement between the parties, and no other statement, agreement or understanding, oral or written, or amendment or modification to this Agreement, will be recognized or enforced unless the same shall be in writing and signed by all parties subsequent to the effective date hereof. This Agreement constitutes the full and complete agreement of the parties hereto with respect to the subject matter hereof. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 4 4.15. Other Instruments, The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the purposes of this Agreement. 4.16. Force Majeure, If, by reason of Force Majeure (as hereinafter defined), any party hereto shall be rendered wholly or partially unable to carry out its obliagations under this Agreement, then such party shall give written notice to the other parties describing the event of Force Majeure within a reasonable time after the occurrence thereof. The obliagations of the party giving such notice, to the extent affected by such event of Force Majeure, shall be suspended during the continuance of the event of Force Majeure and any such party shall in good faith use its best efforts to remove or overcome such event of Force Majeure. The term "Force Majeure ", as used in this Agreement, shall mean and refer to acts of God; strikes, lock -outs, or other industrial disturbances; acts of public enemies; rules, regulations and orders of any kind of the Govenunent of the United States of America, the State of Texas or any other governmental or quasi- governmental civil, administrative or military authority; insurrections; riots; civil disturbances; epidemics; landslides; lightning; earthquakes; floods; fires; hurricanes; storms; washouts; droughts; wars; military conflicts; explosions; breakage or accidents to machinery, pipelines, ditches or canals; or other causes not reasonably within the control of the party claiming such event of Force Majeure. 4.17. Exhibits and Other Provisions. The following Exhibits and /or other provisions of this Agreement are attached hereto and incorporated herein by reference for all intents and purposes: Exhibit "A" - Exhibit "B" - A EXECUTED ON THE DATES SET FORTH BELOW but to be effective as of the /5/ day of , 1994. CITY OF R • UND ROCK, TEXAS By: Print Name: (:/'& Title: IYJa ATTEST: /11/4.b A4266 J e Land, City Secretary Rough plat of location of new 6" wastewater line to be constructed Rough plat of locations of 8" wastewater main to be replaced with 10" wastewater main, 6" wastewater main to be constructed and 6" wastewater main to be replaced with 8" wastewater main 5 Date: FCJ>✓I2L/I Q y 10, / 194 RANDY MORINE HERITAGE PROPERTIES, INC. By: Randy Morine, 'dent ROUND ROCK WATER SUPPLY CORPORATION By: Print Na Title: STATE OF TEXAS COUNTY OF WILLIAMSON § e/44 5trn GW-7 6P P6€ before (title) of the CITY OF ROUND ROCK, TEXAS, a STATE OF TEXAS COUNTY OF WILLIAMSON TERRI WOODMANCY NOTARY PUBLIC State of Texas Comm. Exp. 03.27.97 me on the 'nth day of -� Q/LC G , 1994, by i 1yo Texas home rule municipality, on behalf of said municipality This instrument was acknowledged before me on the Og, day of Morine, President of RANDY MORINE HERITAGE PROPERTIES, INC., a Texas co said corporation. 6 Date: L(-2( Date: / JUUOtnrJk b51 Notary Public in and for the State of Texas My commission expires: Print Name: .ii'etrYidriQA Notary Public, State of Texas Print name: My commission expires: ,1994, by Randy ration, on behalf of STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 3/31' day ofd , 1994, by i>14 - f' Jolt 1 s, J • (title) of ROUND ROCK WATER SUPPLY CORPORATION, a Texas corporation, on behalf of said corporation. 7 e in and for. commission expires: Print Name: e State of Texas `'et, JOY SEPTOSKI Notary Public, State of Texas My Commission Expires JAN,19,1997 POW CC ll roN Wo1N.FI .a • > ir II � II ^ II Q " 11 C- II IIA II a ° 5 II: • I 'I I Ia I :-1aY I Of---TRAIL--1 1 Io 1 1 Z L JEl•L tuEr N.2/, E F: NI 7 31111'�x 7717 Y t ! l 1 / 1 1 I I 11 II C A S I N E I 0, S C 1 0 E 1 1 , W. 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E �"►'WI►1 FROM ' " = z7�}: ~ ST YMaI 1 .�'f as ° _ -r 6T 1r�a� ya a� rrw ea ! dSamla Se.ir ���1 �r�yltiirlV7V WCi}� N FMIA 34 33 kr—PLACe- W/P-I 15VJ8, ' M - • , .. � MN g2 To q3 M ; E�'N161r/383/ is 8to IMPRaVEM��1T5 To 0* iJLllrr M t 1 RECITALS e 93- h79.- a3 - 9v OAK BLUFF ESTATES PHASE THREE WASTEWATER UTILITY AGREEMENT THIS AGREEMENT (herein referred to as "the Agreement ") is made by and between the C1TY OF ROUND ROCK, TEXAS, a home rule municipality (herein referred to as the "City"), RANDY MORTNE HERITAGE PROPERTIES, INC., a Texas Corporation (herein referred to as "Morin ") and ROUND ROCK WATER SUPPLY CORPORATION, a Texas Corporation (herein referred to as "RRWSC "). WHEREAS, Morine is the developer of that certain subdivision known as OAK BLUFF ESTATES, PHASE 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slides 253 -259, Plat Records, Williamson County, Texas (the "Phase 2 Property"); WHEREAS, pursuant to an agreement by and between the parties hereto, wastewater from the Phase 2 Property is collected by RRWSC through a wastewater system owned by RRWSC, which wastewater is subsequently sent to the City for treatment at the City's wastewater treatment plant (the "Wastewater System "); WHEREAS, Morine now intends to develop property adjacent to the Phase 2 Property, with such new development to be known as OAK BLUFF ESTATES, PHASE 3, a subdivision in Williamson County, Texas, (the "Phase 3 Property "), and Morine needs thirty -six (36) living unit equivalents ("LUE's ") of wastewater capacity to serve the Phase 3 Property; WHEREAS, the City, Morine and RRWSC have agreed that Morine will be allowed to secure wastewater service to the Phase 3 Property by connecting onto the Wastewater System currently serving the Phase 2 Property, and Morine, at Morine's sole cost and expense, is now prepared to commence construction of the gravity flow wastewater line necessary to serve the Phase 3 Property through such connection, as well as make certain improvements to a portion of the existing wastewater system serving the Phase 2 Property, subject to the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and in consideration of the sum of 51.00, the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties do hereby agree as follows: SECTION ONE. DESCRIPTION OF PROJECT. 1.01. Description. The project ( "Project ") consists of (a) the construction of a six inch ( "6 ") gravity flow wastewater line and related appurtenances to serve the Phase 3 Property, and (b) the replacement of an existing 8" wastewater main currently serving the Phase 2 Property with a 10" wastewater main, construction of a new 6" wastewater main and related appurtenances on the Phase 2 Property and the replacement of an existing 6" wastewater main currently serving the Phase 2 Property with an 8" wastewater main. The portion of the Project regarding the construction of the six inch ( "6 ") gravity flow wastewater line and related appurtenances shall be constructed approximately in the location shown on the rough plat attached hereto marked Exhibit "A" and incorporated herein by reference for all intents and purposes. The portion of the Project regarding the replacement of an existing 8" wastewater main currently serving the Phase 2 Property with a 10" wastewater main, construction of a new 6" wastewater main and related appurtenances on the Phase 2 Property and the replacement of an existing 6" wastewater main currently serving the Phase 2 Property with an 8" wastewater main shall be constructed approximately in the location shown on the rough plat attached hereto marked Exhibit "B" and incorporated herein by reference for all intents and purposes. The purpose of the new 6" wastewater line to be constructed is to collect and transport wastewater from the Phase 3 Property through RRWSC's wastewater collection system to the City's wastewater treatment plant for treatment. 1 SECTION TWO. CONSTRUCTION MANAGER FOR PROJECT. 2.01. Construction Manager. The Construction Manager for the Project shall be Morine. Morine shall be responsible for securing and awarding bids for the construction of the Project, supervise and control (or employ a Project Supervisor) the day - to-day activities regarding the construction of the Project, review and approve any change orders, and to do such other acts and deeds as said Construction Manager may deem necessary, appropriate or convenient, in the sole discretion of such Construction Manager, to manage, supervise and control the construction of the Project. SECTION TIIREE. CONSTRUCTION OF PROJECT. 3.01. Construction; Completion Date. Morine shall proceed with construction of the Project exercising all due diligence so as to complete the Project on or before one hundred eighty (180) days from the effective date of this Agreement. 3.02. Construction Costs. The parties agree that neither the City or RRWSC shall bear any of the construction costs of the Project and that all of the construction costs of the Project shall be borne by Morine. 3.03. Cooperation of City and RRWSC. The City and RRWSC agree to fully cooperate with Morine in the construction of the Project, including the providing of such information and assistance Morine may reasonably require to secure any necessary approvals and permits and to satisfy the requirements for Morine to secure wastewater service to the Phase 3 Property. The City further agrees to (a) provide Morine, and the City does hereby grant to Morine the use of, any and all City rights -of -way and easements that may be reasonably necessary to construct the Project, (b) use its best efforts to have the City Council declare any additional easements that may be necessary to construct the Project as a public necessity and timely use its powers of eminent domain to acquire such easements (the costs of which shall be bome by Morine), and (c) timely approve the final completion and acceptance of the Project through the City's normal subdivision process after Morine reasonably shows that the Project is capable of serving the Phase 3 Property in the manner contemplated in this Agreement. 3.04. Rate Structure. The parties agree that RRWSC will not charge any fees for the collection and transport of the wastewater from the Phase 3 Property through the RRWSC collection system to the City's wastewater treatment plant. The City agrees that City fees for such wastewater service shall have the same rate structure as the rate structure for in -city users and such fees shall be charged to the Phase 3 Property at the City's rates for in users. The parties agree that RRWSC will be credited by the City for any volume of sewage transported through its lines. 3.05. Ownership of Project; Assignment of LUE's. Morine shall be entitled to receive from the City thirty-six (36) LUE's of wastewater capacity in the Project for Morine's construction of the Project. Upon final completion and acceptance of the Project by the City (through the City's normal subdivision process), ownership of the Project shall immediately be transferred and conveyed to the City and the City shall accept the Project for operation and maintenance, and simultaneously therewith, the City shall execute and deliver to Morine an assignment of thirty - six (36) LUE's of wastewater capacity in the Project to serve the Phase 3 Property, such assignment to be in a form reasonably acceptable to the City and Morine. This Agreement is not intended to exempt Morine from the payment of all applicable development fees to the City, including, but not limited to, water and wastewater impact fees. SECTION FOUR. MISCELLANEOUS PROVISIONS. 4.01. Assignment. This Agreement may not be assigned by any of the parties hereto without the prior written consent of the other parties, except that Morine shall be allowed to assign Morine's interest in this Agreement. In the event of any such assignment, Morine agrees to give the other parties prompt written notice of the assignment, including a copy of the written assignment and the mailing address, telephone number and name of the assignee. 2 4.02. Attorney's Fees. In the event that any party brings suit for the breach of this Agreement or of any condition, representation, covenant or agreement contained herein, the prevailing party shall be entitled to recover all reasonable attomey's fees, costs and expenses incurred by the prevailing party in connection therewith from the non - prevailing party. 4.03. Notices. All notices, demands and requests required or permitted to be made or given hereunder shall be in writing and shall be deemed to have been properly delivered and received (a) as of the date of actual delivery to the addresses set forth below if personally delivered, (b) upon deposit in a regularly maintained receptacle for the United States mail, certified mail, return receipt requested and postage prepaid, or (c) deposited with Federal Express or similar overnight delivery system for overnight delivery with all costs prepaid, and addressed to the party to whom the notice is to be delivered at the addresses set forth below (or to such other address which any party may so designate by delivering seven (7) days prior written notice to the other parties), to -wit: If to the City: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett with a copy to: Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 If to Morine: Randy Morine Heritage Properties, Inc. 3610 Shell Road Georgetown, Texas 78628 Attention: Randy Morine with a cony to: Steven H. Sproull 711 San Antonio Street Austin, Texas 78701 If to RRWSC: Round Rock Water Supply Corporation c/o John Jones 500 West 16th Street Austin, Texas 78701 4.04. Authority. Each party represents and warrants to the other party that such party and the individual executing this Agreement on such party's behalf have been granted the full legal right, power and authority to execute this Agreement through all necessary corporate, partnership, City Council or other action and that all formal requirements necessary or required by any law, rule or regulation regarding its corporate, partnership or municipal organization or existence (as applicable) have been fulfilled. The parties shall present to each other all reasonable evidence of such authority which may be reasonably requested in connection with this Agreement, including (if applicable) a certified corporate resolution or similar resolution authorizing the applicable party to enter into this Agreement and authorizing the officer, employee or agent signing this Agreement on behalf of said party to execute this Agreement and bind the applicable party to this Agreement. Each party further represents to the other parties that neither the execution or delivery of this Agreement nor their performance under this Agreement requires the approval or joinder of any third party nor will it result in a violation or breach of any other agreement to which they may be a party (or, if approval of any such third party is required, such approval has been secured). The parties hereto understand and acknowledge that the other parties are relying on the warranties and representations set forth in this Agreement and the parties would not enter into this Agreement if such warranties and representations were not true and correct. 3 4.05. Date of Deadlines, In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next day which is not a Saturday, Sunday or legal holiday. 4.06. Texas Law to Apply. This Agreement and the rights and obligations of the parties hereunder are performable in Williamson County, Texas, and shall be govemed by and interpreted, construed and enforced in accordance with the laws of the State of Texas. 4.07. Parties Bound, This Agreement shall be binding upon and inure to the benefit of the parties of this Agreement and their respective heirs, executors, administrators, legal representatives, successors and assigns (only as permitted herein). 4.08. Paragraph Headings. The paragraph headings or other headings contained in this Agreement are for convenience only and shall not enlarge or limit the scope or meaning of the substance of this Agreement. All references in this Agreement to articles, sections, subsections and other subdivisions refer to corresponding articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any of such subdivisions are for convenience only and shall not constitute part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement ", this instrument ", "herein ", "hereof", "hereby ", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. 4.09. Time of the Essence, Time is of the essence of this Agreement. 4.10. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context requires otherwise. 4.11. Legal Construction. Every provision in this Agreement is intended to be severable. In the event 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 of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 4.12. No Waiver. The failure of any party to insist upon strict performance of a covenant, duty or obligation hereunder, irrespective of the length of time for which such failure continues, shall not be a waiver of such party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any covenant, duty or obligation hereunder shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other covenant, duty or obligation hereunder. 4.13. Counterparts. This Agreement may be executed in one or more counterparts, each of which counterparts shall be deemed to be an original and all of which shall constitute one and the same document. 4.14. Entire Agreement. This Agreement and the exhibits hereto set forth the entire agreement between the parties, and no other statement, agreement or understanding, oral or written, or amendment or modification to this Agreement, will be recognized or enforced unless the same shall be in writing and signed by all parties subsequent to the effective date hereof. This Agreement constitutes the full and complete agreement of the parties hereto with respect to the subject matter hereof. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY, NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 4 4.15. Other instruments. The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the purposes of this Agreement. 4.16. Force Maieure. If, by reason of Force Majeure (as hereinafter defined), any party hereto shall be rendered wholly or partially unable to carry out its obliagations under this Agreement, then such party shall give written notice to the other parties describing the event of Force Majeure within a reasonable time after the occurrence thereof. The obliagations of the party giving such notice, to the extent affected by such event of Force Majeure, shall be suspended during the continuance of the event of Force Majeure and any such party shall in good faith use its best efforts to remove or overcome such event of Force Majeure. The term "Force Majeure ", as used in this Agreement, shall mean and refer to acts of God; strikes, lock -outs, or other industrial disturbances; acts of public enemies; rules, regulations and orders of any kind of the Government of the United States of America, the State of Texas or any other governmental or quasi - governmental civil, administrative or military authority; insurrections; riots; civil disturbances; epidemics; landslides; lightning; earthquakes; floods; fires; hurricanes; storms; washouts; droughts; wars; military conflicts; explosions; breakage or accidents to machinery, pipelines, ditches or canals; or other causes not reasonably within the control of the party claiming such event of Force Majeure. 4.17. Exhibits and Other Provisions. The following Exhibits and /or other provisions of this Agreement are attached hereto and incorporated herein by reference for all intents and purposes: � EXECUTED ON THE DATES SET FORTH BELOW but to be effective as of the / L / day of `n JP A' / , 1994. CITY OF R e UND ROCK, TEXAS By: Print Name: Title: /7)A )A UQ/l1 ATTEST: Exhibit "A" - Rough plat of location of new 6" wastewater line to be constructed Exhibit "B" - Rough plat of locations of 8" wastewater main to be replaced with 10" wastewater main, 6" wastewater main to be constructed and 6" wastewater main to be replaced with 8" wastewater main 5 Date: FCiB of M y /01 / 99 RANDY MORINE 1I RITAGE PROPERTIES, INC. By: Randy Mo e, Pres Tent ROUND ROCK WATER SUPPLY CORPORATION By: 0 ".07/ 2t // Date: /r // ' / f Print Name: oh/✓ � Title: /.04/.4 LG1.2.2. STATE OF TEXAS COUNTY OF WILLIAMSON This instrume t was acknowledged before me on the 3)S4day of <i , iA,R P 1, , 1994, by (title) of the CITY OF ROUND ROCK, TEXAS, a Texas home rule municip ty, on behalf of said municipality. STATE OF TEXAS § COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of )P,,t))1,U , 1994, by Randy Morine, President of RANDY MORINE HERITAGE PROPERTIES, INC., a Texas corp tion, on behalf of said corporation. TERRI WOODMANCY NOTARY PUBLIC State of Texas Comm. Exp. 03-27-97 YY n the State of Texas JOYSEPTOSKI Notary Pubtic, State of Texas My Commission Expires JAN.19,1997 ntmtssion Print Name: Notary Public, State of Texas Print name: My commission expires: 6 Date: 214e STATE OF TEXAS COUNTY OF WILLIAMSON § L s instrument was acknowled ed before me on the /� day of r ge y , 1994, by _This C'lILPEP�Fie- /YIA( (title) of - -• :.w.�.._�. a Tex corporation, on behalf of said corporation. • ,: • Ii I n ' • " CHRISTINE R. 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E'Nle r'D" jMPRovelEmrs T OAK SCUFF Esr4TTs g Exlsri,j TEWQrER SYSTEM 1 -- Z.� KS \RESOLUTION RS12233D RESOLUTION NO. iv' C 1 2 ) - I oZ -a 3 WHEREAS, Randy Morine Heritage Properties, Inc., ( "Morine ") is the developer of that certain subdivision known as OAK BLUFF ESTATES, PHASE 2, a subdivision in Williamson County, Texas (the "Phase 2 Property "); and WHEREAS, pursuant to an agreement by and between the City, Morine and the Round Rock Water Supply Corporation ( "RRWSC "), wastewater from the Phase 2 Property is collected by RRWSC through a wastewater system owned by RRWSC, which wastewater is subsequently sent to the City for treatment at the City's wastewater treatment plant; and WHEREAS, Morine now intends to develop property adjacent to the Phase 2 Property, with such new development to be known as Oak Bluff Estates, Phase 3 (the "Phase 3 Property "), and Morine needs thirty -four (34) living unit equivalents (LUE's ") of wastewater capacity to serve the Phase 3 Property; and WHEREAS, the City, Morine, RRWSC have agreed that Morine will be allowed to secure wastewater service to the Phase 3 Property by connecting onto the Wastewater System currently serving the Phase 2 Property, and Morine, at Morine's sole cost and expense, is now prepared to commence construction of the gravity flow wastewater line necessary to serve the Phase 3 Property through such connection, as well as make certain improvements to a portion of the existing wastewater system serving the Phase 2 Property, as more fully set forth in the Oak Bluff Estates Phase Three Wastewater Utility Agreement ( "Agreement "); and WHEREAS, the City Council wishes to approve said Agreement, 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 the Agreement, a copy of which is attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of December, 1993. ATTEST: AqirAtt) a/7266 NE LAND, City Secretary 2. CHARLES CUL?EPFER, Mayor City of Round Rock, Texas OAK BLUFF ESTATES PHASE THREE WASTEWATER UTILITY AGREEMENT THIS AGREEMENT (herein referred to as the Agreement ") is made by and between the CITY OF ROUND ROCK, TEXAS, a home rule municipality (herein referred to as the "City "), RANDY MORINE HERITAGE PROPERTIES, INC., a Texas Corporation (herein referred to as "Morin ") and ROUND ROCK WATER SUPPLY CORPORATION, a Texas Corporation (herein referred to as "RRWSC "). RECITALS WHEREAS, Morine is the developer of that certain subdivision known as OAK BLUFF ESTATES, PHASE 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slides 253 -259, Plat Records, Williamson County, Texas (the "Phase 2 Property"); WHEREAS, pursuant to an agreement by and between the parties hereto, wastewater from the Phase 2 Property is collected by RRWSC through a wastewater system owned by RRWSC, which wastewater is subsequently sent to the City for treatment at the City's wastewater treatment plant (the "Wastewater System "); WHEREAS, Morine now intends to develop property adjacent to the Phase 2 Property, with such new development to be known as OAK BLUFF ESTATES, PHASE 3, a subdivision in Williamson County, Texas, (the "Phase 3 Property "), and Morine needs thirty -four (34) living unit equivalents ( "LUE's ") of wastewater capacity to serve the Phase 3 Property; WHEREAS, the City, Morine and RRWSC have agreed that Morine will be allowed to secure wastewater service to the Phase 3 Property by connecting onto the Wastewater System currently serving the Phase 2 Property, and Morine, at Morine's sole cost and expense, is now prepared to commence construction of the gravity flow wastewater line necessary to serve the Phase 3 Property through such connection, as well as make certain improvements to a portion of the existing wastewater system serving the Phase 2 Property, subject to the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and in consideration of the sum of $1.00, the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties do hereby agree as follows: SECTION ONE. DESCRIPTION OF PROJECT. 1.01. Description. The project ( "Project ") consists of (a) the construction of a six inch ( "6 ") gravity flow wastewater line and related appurtenances to serve the Phase 3 Property, and (b) the replacement of an existing 8" wastewater main currently serving the Phase 2 Property with a 10" wastewater main and construction of a new 6" wastewater main and related appurtenances on the Phase 2 Property. The portion of the Project regarding the construction of the six inch ( "6 ") gravity flow wastewater line and related appurtenances shall be constructed approximately in the location shown on the rough plat attached hereto marked Exhibit "A" and incorporated herein by reference for all intents and purposes. The portion of the Project regarding the replacement of an existing 8" wastewater main currently serving the Phase 2 Property with a 10" wastewater main and construction of a new 6" wastewater main and related appurtenances on the Phase 2 Property shall be constructed approximately in the location shown on the rough plat attached hereto marked Exhibit "B" and incorporated herein by reference for all intents and purposes. The purpose of the 6" wastewater line is to collect and transport wastewater from the Phase 3 Property through RRWSC's wastewater collection system to the City's wastewater treatment plant for treatment. SECTION TWO. CONSTRUCTION MANAGER FOR PROJECT. 2.01. Construction Manmrer. The Construction Manager for the Project shall be Morine. Morine shall be responsible for securing and awarding bids for the construction of the Project, supervise and control (or employ a Project Supervisor) the day -to -day activities regarding the construction of the Project, review and approve any 1 change orders, and to do such other acts and deeds as said Construction Manager may deem necessary, appropriate or convenient, in the sole discretion of such Construction Manager, to manage, supervise and control the construction of the Project. SECTION THREE. CONSTRUCTION OF PROJECT. 3.01. Construction; Completion Date. Morine shall proceed with construction of the Project exercising all due diligence so as to complete the Project on or before one hundred eighty (180) days from the effective date of this Agreement. 3.02. Construction Costs. The parties agree that neither the City or RRWSC shall bear any of the construction costs of the Project and that all of the construction costs of the Project shall be bome by Morine. 3.03. Cooperation of City and RRWSC. The City and RRWSC agree to fully cooperate with Morine in the construction of the Project, including the providing of such information and assistance Morine may reasonably require to secure any necessary approvals and permits and to satisfy the requirements for Morine to secure wastewater service to the Phase 3 Property. The City further agrees to (a) provide Morine, and the City does hereby grant to Morine the use of, any and all City rights -of -way and easements that may be reasonably necessary to construct the Project, (b) use its best efforts to have the City Council declare any additional easements that may be necessary to construct the Project as a public necessity and timely use its powers of eminent domain to acquire such easements (the costs of which shall be borne by Morine), and (c) timely approve the final completion and acceptance of the Project through the City's normal subdivision process after Morine reasonably shows that the Project is capable of serving the Phase 3 Property in the manner contemplated in this Agreement. 3.04. Rate Structure. The parties agree that RRWSC will not charge any fees for the collection and transport of the wastewater from the Phase 3 Property through the RRWSC collection system to the City's wastewater treatment plant. The City agrees that City fees for such wastewater service shall have the same rate structure as the rate structure for in-city users and such fees shall be charged to the Phase 3 Property at the City's rates for in -city users. 3.05. Ownership of Project; Assignment of LUE's. Morine shall be entitled to receive from the City thirty -four (34) LUE's of wastewater capacity in the Project for Morine's construction of the Project. Upon final completion and acceptance of the Project by the City (through the City's normal subdivision process), ownership of the Project shall immediately be transferred and conveyed to the City and the City shall accept the Project for operation and maintenance, and simultaneously therewith, the City shall execute and deliver to Morine an assignment of thirty-four (34) LUE's of wastewater capacity in the Project to serve the Phase 3 Property, such assignment to be in a form reasonably acceptable to the City and Morine. This Agreement is not intended to exempt Morine from the payment of all applicable development fees to the City, including, but not limited to, water and wastewater impact fees. SECTION FOUR. MISCELLANEOUS PROVISIONS. 4.01. Assignment. This Agreement may not be assigned by any of the parties hereto without the prior written consent of the other parties, except that Morine shall be allowed to assign Morine's interest in this Agreement. In the event of any such assignment, Morine agrees to give the other parties prompt written notice of the assignment, including a copy of the written assignment and the mailing address, telephone number and name of the assignee. 4.02. Attorney's Fees. In the event that any party brings suit for the breach of this Agreement or of any condition, representation, covenant or agreement contained herein, the prevailing party shall be entitled to recover all reasonable attorney's fees, costs and expenses incurred by the prevailing party in connection therewith from the non - prevailing party. 2 4.03. Notices. All notices, demands and requests required or permitted to be made or given hereunder shall be in writing and shall be deemed to have been properly delivered and received (a) as of the date of actual delivery to the addresses set forth below if personally delivered, (b) upon deposit in a regularly maintained receptacle for the United States mail, certified mail, return receipt requested and postage prepaid, or (c) deposited with Federal Express or similar overnight delivery system for overnight delivery with all costs prepaid, and addressed to the party to whom the notice is to be delivered at the addresses set forth below (or to such other address which any party may so designate by delivering seven (7) days prior written notice to the other parties), to -wit: If to the City: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett with a copy to: Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 If to Morine: Randy Marine Heritage Properties, Inc. 3610 Shell Road Georgetown, Texas 78628 Attention: Randy Morine with a copy to: Steven H. Sproull 711 San Antonio Street Austin, Texas 78701 If to RRWSC: 3 Round Rock Water Supply Corporation c/o John Jones 500 West 16th Street Austin, Texas 78701 4.04. Authority. Each party represents and warrants to the other party that such party and the individual executing this Agreement on such party's behalf have been granted the full legal right, power and authority to execute this Agreement through all necessary corporate, partnership, City Council or other action and that all formal requirements necessary or required by any law, rule or regulation regarding its corporate, partnership or municipal organization or existence (as applicable) have been fulfilled. The parties shall present to each other all reasonable evidence of such authority which may be reasonably requested in connection with this Agreement, including (if applicable) a certified corporate resolution or similar resolution authorizing the applicable party to enter into this Agreement and authorizing the officer, employee or agent signing this Agreement on behalf of said party to execute this Agreement and bind the applicable party to this Agreement. Each party further represents to the other parties that neither the execution or delivery of this Agreement nor their performance under this Agreement requires the approval or joinder of any third party nor will it result in a violation or breach of any other agreement to which they may be a party (or, if approval of any such third party is required, such approval has been secured). The parties hereto understand and acknowledge that the other parties are relying on the warranties and representations set forth in this Agreement and the parties would not enter into this Agreement if such warranties and representations were not true and correct. 4.05. Date of Deadlines. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next day which is not a Saturday, Sunday or legal holiday. 4.06. Texas Law to Apply. This Agreement and the rights and obligations of the parties hereunder are performable in Williamson County, Texas, and shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Texas. 4.07. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties of this Agreement and their respective heirs, executors, administrators, legal representatives, successors and assigns (only as permitted herein). 4.08. Paragraph Headinns. The paragraph headings or other headings contained in this Agreement are for convenience only and shall not enlarge or limit the scope or meaning of the substance of this Agreement. All references in this Agreement to articles, sections, subsections and other subdivisions refer to corresponding articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any of such subdivisions are for convenience only and shall not constitute part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words this Agreement ", "this instrument ", "herein ", "hereof", "hereby ", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. 4.09. Time of the Essence. Time is of the essence of this Agreement. 4.10. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context requires otherwise. 4.11. Legal Construction. Every provision in this Agreement is intended to be severable. In the event 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 of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 4.12. No Waiver. The failure of any party to insist upon strict performance of a covenant, duty or obligation hereunder, irrespective of the length of time for which such failure continues, shall not be a waiver of such party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any covenant, duty or obligation hereunder shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other covenant, duty or obligation hereunder. 4.13. Counterparts. This Agreement may be executed in one or more counterparts, each of which counterparts shall be deemed to be an original and all of which shall constitute one and the same document. 4.14. Entire Agreement. This Agreement and the exhibits hereto set forth the entire agreement between the parties, and no other statement, agreement or understanding, oral or written, or amendment or modification to this Agreement, will be recognized or enforced unless the same shall be in writing and signed by all parties subsequent to the effective date hereof. This Agreement constitutes the full and complete agreement of the parties hereto with respect to the subject matter hereof. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 4.15. Other Instruments. The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the purposes of this Agreement. 4 4.16. Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party hereto shall be rendered wholly or partially unable to carry out its obliagations under this Agreement, then such party shall give written notice to the other parties describing the event of Force Majeure within a reasonable time after the occurrence thereof. The obliagations of the party giving such notice, to the extent affected by such event of Force Majeure, shall be suspended during the continuance of the event of Force Majeure and any such party shall in good faith use its best efforts to remove or overcome such event of Force Majeure. The term "Force Majeure", as used in this Agreement, shall mean and refer to acts of God; strikes, lock-outs, or other industrial disturbances; acts of public enemies; rules, regulations and orders of any kind of the Government of the United States of America, the State of Texas or any other governmental or quasi - governmental civil, administrative or military authority; insurrections; riots; civil disturbances; epidemics; landslides; lightning; earthquakes; floods; fires; hurricanes; storms; washouts; droughts; wars; military conflicts; explosions; breakage or accidents to machinery, pipelines, ditches or canals; or other causes not reasonably within the control of the party claiming such event of Force Majeure. 4.17. Exhibits and Other Provisions. The following Exhibits and /or other provisions of this Agreement are attached hereto and incorporated herein by reference for all intents and purposes: ATTEST: Exhibit "A" - Rough plat of location of 6" wastewater line to be constructed Exhibit "B" - Rough plat of location of 8" wastewater main to be replaced with 10" wastewater main and location of 6" wastewater main to be constructed EXECUTED ON THE DATES SET FORTH BELOW but to be effective as of the day of 1993. CITY OF RPUND ROCK, TEXAS By: � Print Name: Q Y\ Q■ VI l AA 1 -Q-0 Title: 'r \ t\ \ \ 0 4./L/L' i ^ ^ Y - W' e Land, City Secretary Gv RANDY MORINE HERITAGE PROPERTIES, INC. By Date: Randy Morine, President 5 Date: 1V-)O5 ROUND ROCK WATER SUPPLY CORPORATION By: Date: Print Name: Title: STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acicnteledged before me on thee " day of %�I/{�Q/C 1993, by LAMA & s CAA LA , M1 o (title) of the CITY OF ROUND ROCK, TEXAS, a Texas home rule municipality, on behalf of said municipality. CHRISTINE R.MARTINE • NOhryRNk,StMolTeras N STATE OF TEXAS COUNTY OF WILLIAMSON 0 01,-(,)40 R. Notary Public in and for the State of Texas My commission expires: Print Name: This instrument was acknowledged before me on the day of ,1993, by Randy Morine, President of RANDY MORINE HERITAGE PROPERTIES, INC., a Texas corporation, on behalf of said corporation. Notary Public, State of Texas Print name: My commission expires: 6 STATE OF TEXAS COUNTY OF WILLIAMSON § § § This instrument was acknowledged before me on the _ day of , 1993, by (title) of ROUND ROCK WATER SUPPLY CORPORATION, a Texas corporation, on behalf of said corporation. 7 Notary Public in and for the State of Texas My commission expires: Print Name: POM Cr 1EGIXNdC x g D n O la i X 4 IN AN— TRAIL I 1 1 11'.F.'1D'1.'1 1 11 2: 1 21 II 1 JJ 1.111 I 1 VA 01110 11 C A D I I I E T 0 , S L I D E 5 1 W C. I• . 1 30 1 10 18 17 i9 iC ➢ 1 1 1 n fin n , n le n u xir a r I I 5esfists 1 1SFn'1rI 10091 _ , 1Dr/174: 0 1?11C_,, : 45rr WS Ty 4.15 93,141 I « f Nxw�lu _ 5 een�s_ Sr ne 1F e - P — - -51-- - r - - fir= _ _ lr r 1 1 1 l ( l It lr - --- 1: 4. 9 0 Y ILA 11. 1 n 1 mlROOr, , 1 I I 1 CA rD I sD 5c E 1 1Ew.L5,:fn � I F now • s 1 It 1 1 11 I 1 II L 108.r0 � w 40.w p.. Is 1 ' - L ,,1 .O.. 11 1 11 s 0 II {I max I 1 r ( 1 11 , OA s I (50' '10. W,) st 11 : I/ i16 ,i A ��5; 1 L-- - -JUV_ 1-' vT 1.b1 T , 41n r E E N E F 5 1r5/55r WCI, " FE.IMER Cf 111 AC. a 14AC 741.4 .1 ACM .. V. 0 4/14 wc0x 551.115 ACM 1 1AAC1 A I 1 MAC, 5 1 z z or 0 333 51 L • 01.450 DADD■LL 119/771 wCOD ExN11s1ric PROPOSED OAK BLUFF ESTATES III wits- m/44ra Co,4IAlecrlonl Tb ExisrinlU OAK PtuFF Esrares II Alum, 713/831 wCON L — _L - - - - _L {� w J_ p - � \ wrOMI i9 1 1 12 \ 11 \ E S vn'1f r 111LY \ \ WAsInag // LIME i MH / mom MG 1 1 W \ 61 0 11 Z 09 4 1 1 f pt ACE EVIST. 0" MAIO FE0I✓1 MH #51 To LIFT SrATJOM W 11-I 10" MAIM 21 " Lane LO 01 I oa 0 $ }! AIEW 6 H WASfEWtR. MME! MA44 -1 MH'V Ivor Y 41 (n sw 52 MMf.6 1M 6 "San 8ewer� 1£ 1 13 14 6 Samlory Sewer • fM NN d R X6l _ • prH# H 5 4 fH < • rH 1 N I•� 1* fr— B ' Water --TWIN /1LG£ T �Sonilar 7. it D• I O ID C Fit ,.: 4 yt o a HW o I '5 I'0 X 493 D' f• D. • ! ■ 6 . 7 i I. I 'k d' D •. 20 / 16 N 54 44 IS 17 .' 19 EYNIBIT "B" IM PROVEt -TEN To OAK SLUFF ESTATES II EXISTING 11• lA 5 T E W AT ER SYSTEM 31 30 I 29 i 8' ,. Sm 44 29 20 ' 3 ! .A I / yp y A F � 65 24 59, 4 ti t -, YH57 14 74 1111 34 66 67 \ f DATE: December 21, 1993 SUBJECT: City Council Meeting, December 23, 1993 ITEM: 9D. Consider a resolution authorizing the Mayor to enter into a Wastewater Utility Agreement for Oak Bluff Phase 3. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This agreement allows the Oak Bluff III Subdivision to transport sewage through the lines owned by the Round Rock Water Supply System. Staff recommends entering into this agreement.