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Contract - Upper Brushy Creek WCID - 8/28/2014 it ri MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is by and between the City of Round Rock, Texas ("City") and Upper Brushy Creek Water Control and Improvement District C WC1D"). The purpose of this MOU is to outline the parties' mutual intent and understandings with respect to certain flood mitigation projects within Robinson Land which affect properties within the City. Accordingly, the parties set forth their intent and understanding as follows: I. Recitals A. Projects Description The parties agree that there are certain flooding problems within the City limits, including within the Greater Round Rock West neighborhood that may be alleviated with the rehabilitation, reconstruction and/or construction of existing and new flood control facilities within Robinson Land ("Projects'). B. Dam 9 Project The first of these Projects is known as the Dam 9 Diversion Project ("Dam 9 Project"). The preliminary design of the Dam 9 Project includes the construction of a new dam (Dam 102), reconfiguration of the existing Dam 9, and diversion facilities to re-direct water flow to the existing Dam 9 inundation casement. C. Dam 101 Project The second of the Projects is known as the Dam 101 Project. The Dam 101 Project involves the construction of a new dam and inundation easement capable of impeding the flow of flood waters into the Lake Creek basin area. Orale WCID CORR Lake Creek MOLL WC I D mmment58-I2-14 R-2014-1714 V V D. North Quarry Project The third of the Projects is known as the North Quarry Project (the "North Quarry Project'). There are definite flooding issues in this area that need to be addressed, but the scope of work for the North Quarry Project has yet to be defined. The initial phase of this project will be to develop flood mitigation goals and determine the extent of easements and improvements needed to achieve those goals. II. Plans for the Projects A. Design and Construction of the Dam 9 Pori The WCID has begun preliminary efforts to design the Dam 9 Project. The WCID will be responsible for completing the design of the Dam 9 Project, and shall also be responsible for overseeing the construction of the Dam 9 Project. After construction is complete, the WCID will own, operate and maintain the Dam 9 improvements, including Dam 102. The WCID agrees to meet and confer with the City regarding all aspects of the design and construction of the Dam 9 Project. The general components of the preliminary design of the Dam 9 Project are as shown on Exhibit "A", attached hereto. B. Design and Construction of the Dam 101 Project The City will be responsible for the design of the Dam 101 Project, and shall be responsible for overseeing the construction of the Dam 101 Project.After the Dam 101 Project is complete, the WCID will own, operate and maintain the Dam 101 improvements. The City agrees to meet and confer with the WCID regarding all aspects of the design and construction of the Dam 101 Project. The preliminary layout of the Dam 101 Project is shown on Exhibit "A", attached hereto. 2. � V C. Design and Construction of the North Quarry Proiect After initial coordination with the land owner and development of a project plan, the City will be responsible for the design of the North Quarry Project and shall be responsible for overseeing the construction of the North Quarry Project. After the North Quarry Project is complete, the City will operate and maintain all drainage improvements. If the North Quarry Project includes a regulatory dam, the City agrees to meet and confer with the WCID regarding all aspects of the design and construction of the North Quarry Project, and the WCID will own, operate and maintain the dam. The general location of the North Quarry Project is shown on Exhibit"A", attached hereto. D. Timing of Projects The parties each acknowledge that it is in their best interests to design and construct the Projects as soon as possible. The parties agree to cooperate with each other to achieve the expeditious completion of the Projects. E. Land Owner Coordination The Parties agree that due to the synergistic nature of the Projects within Robinson Land it would be best to discuss and negotiate all aspects of the Projects concurrently. Both WCID and City of Round Rock shall be represented at all meetings with the land owner; however, it is understood that for the convenience of the land owner the WCID General Manager will remain the primary point of contact for the land owner for all projects. F. Design Consultant The WCID and the City will form a selection committee to select engineering firm(s)/team(s) to perform design services for all of the projects referenced herein, and to develop a phasing plan for the Projects. 3. G. Environmental and Other Matters The WCID agrees to be responsible for conducting preliminary environmental studies that may affect all of the Projects. All Project reports will be available to be utilized by both parties. IT. Easements Acquisition The WCID shall be responsible for facilitating all easement acquisitions from Robinson Land needed for all of the Projects described herein. I. Project Costs The parties recognize that, at the present time, it is premature to accurately predict the total costs of the Projects described herein. The parties further acknowledge that these Projects cannot be completed without the financial contributions of the City and the WCID, and the Dam 101 Project cannot be completed without the additional financial contribution of Williamson County. The parties agree that this MOU merely presents an outline of a course of action regarding preliminary design and construction plans for the Projects. It is the interest of the parties to enter into an Interlocal Agreement regarding all aspects of design, construction and financing of the Projects at a later date. The Parties agree to cooperate in providing all Project design plans and other necessary documentation to Williamson County as soon as possible to enable the County to determine the amount of financial assistance that may be available. As the City is the project lead organization on the Dam 101 project, the City's shall coordinate efforts to formalize the County's participation in the project. 4. V III. Miscellaneous Provisions A. Good Faith Neeotiations The parties each understand and acknowledge that this MOU does not obligate either party in any way. However, each party pledges to continue to negotiate in good faith to accomplish the mutual goals and interests set forth herein. B. Outline of Terms The parties understand and acknowledge that the terms contained herein are only an outline of the terms of the Interlocal Agreement contemplated herein and the final agreement will contain terms and provisions, particularly relating to financial obligations that are not contained herein. Executed this—'day of 2014. CITY qV.ROUND ROCK,TEXAS By: Ulm Alan McGraw, Mayor UPPER BRUS Y CREEK WATER CONTROL AND IM RO EME T DISTRICT By: oL, -I La Quick, retident 5. � I WOMM