R-07-05-24-11D1 - 5/24/2007 RESOLUTION NO. R-07-05-24-11D1
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A. ,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with the City of Cedar Park and the City of
Leander regarding condemnation legal services for the Regional Water
System, 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 Interlocal Agreement with the City of Cedar Park
and the City of Leander, 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 24th day of May, 200
L, Mayor
ATTEST
City of Round Rock, Texas
• 1 � '
CHRISTINE R. MARTINEZ, City Secreta
0:\wdox\RESOLUTI\R70524D1.WPD/rmc/0199-4622
INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL SERVICES
FOR REGIONAL WATER SYSTEM
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL
SERVICES FOR REGIONAL WATER SYSTEM("Agreement")is entered into between the
City of Round Rock, Texas, a Texas home-rule city ("Round Rock"); the City of Cedar Park,
Texas, a Texas home-rule city("Cedar Park"), and the City of Leander, Texas, a Texas home-
rule city ("Leander"). In this Agreement, Round Rock, Cedar Park and Leander are sometimes
individually referred to as "Party"and collectively referred to as"Parties".
Recitals
WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander
necessitates the development of additional water treatment capacity for each of these
communities;
WHEREAS, the Parties have agreed to jointly pursue a regional water supply system
that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of
potable water supply to meet future water demands of the Parties based on projected population
growth;
WHEREAS, in order to pursue construction of the regional water supply system, the
Parties may have to pursue condemnation to acquire necessary easements; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under
which the Parties may authorize legal services in support such condemnation and under which
the Parties will cost participate in all costs and expenses related thereto.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement,the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this Interlocal Agreement Regarding Condemnation Legal Services
for Regional Water System.
1.02 "Cedar Park"means the City of Cedar Park, Texas.
EXHIBIT
1 "A..
1.03 "City Managers Committee" means the committee consisting of the City Managers for
Cedar Park, Leander, and Round Rock.
1.04 "Condemnation Counsel" means the attorney(s) appointed and retained by the Parties as
condemnation counsel. Such attorney(s) shall be licensed to practice law in the State of Texas,
shall be in good standing with the State Bar of Texas, and shall be experienced and qualified in
the area of condemnation.
1.05 "Condemnation Legal Services" means the legal services to be performed by
Condemnation Counsel. These services will be in support of the Regional Project and any
condemnation required thereby.
1.06 "Condemnation Legal Services Costs" means all costs and expenses incurred by the
Parties for Condemnation Legal Services. Each Party shall bear its share of the Condemnation
Legal Services Costs in accordance with the Cost Allocation Percentage set forth herein.
1.07 "Cost Allocation Percentage" means the percentage of Condemnation Legal Services
Costs to be paid by each Party. The Cost Allocation Percentage for each Party is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.08 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER and the Project Schedule.
1.09 "Effective Date" means the last date of execution of this Agreement by the Parties;
provided all of the Parties must execute this Agreement for it to be effective.
1.10 "Leander"means the City of Leander, Texas.
1.11 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
1.12 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared
by HDR Engineering, Inc. and dated November 2006.
1.13 "Regional Project" means the regional water supply system, which will ultimately
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of the Parties, based on projected population growth, as more fully described in the
PER.
1.14 "Round Rock"means the City of Round Rock, Texas.
2
II.
CONDEMNATION LEGAL SERVICES
2.01 Condemnation Legal Services.
(a) The Parties hereby appoint and retain Kent Sick("Sick") as Condemnation
Counsel. Sick shall provide Condemnation Legal Services to the Parties in accordance with the
provisions of the Agreement. The Parties may designate an additional firm(s) or attorney(s) to
serve as Condemnation Counsel from time to time.
(b) The Parties agree that Cedar Park will serve as the principal contact with
Condemnation Counsel. Cedar Park will have primary responsibility to oversee and administer
the Condemnation Legal Services, but shall do so at all times in cooperation with the D.O.
Committee.
2.02 D.O. Committee Participation.
(a) Each Condemnation Counsel shall work with and report to the D.O.
Committee. The D.O. Committee shall prepare a schedule of meetings with each Condemnation
Counsel that shall be approved by all members of the D.O. Committee. Cedar Park shall ensure
that each Condemnation Counsel works cooperatively with the D.O. Committee. The foregoing
shall not be construed to prohibit any Party from communicating directly with Condemnation
Counsel regarding the Condemnation Legal Services without the presence or participation of the
other Parties, or from meeting with Condemnation Counsel when it is not practicable to schedule
a meeting with the D.O. Committee.
(b) The D.O. Committee shall:
(i) Attend and participate in regular meetings with each
Condemnation Counsel to monitor the status of the Condemnation Legal Services and
to provide direction and recommendations with respect thereto;
(ii) Ensure that the Condemnation Legal Services are performed in
accordance with the PER and the Project Schedule; and
(iii) Address any other relevant matters relating to the Condemnation
Legal Services.
(c) Within five (5) business days of receipt of any reports or
recommendations prepared by a Condemnation Counsel, the members of the D.O. Committee
shall specify in writing to each other any objections regarding the draft reports, and any proposed
revisions thereto. If any member of the D.O. Committee fails to object in writing to the report
within five (5) business days, then that member shall be deemed to have approved the draft
report. In the event that any member of the D.O. Committee timely objects to the draft report,
then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous
agreement. If the D.O. Committee cannot unanimously agree to the proper resolution within five
(5) business days, then the D.O. Committee shall refer the dispute to the City Managers
Committee. The City Managers Committee shall work diligently and in good faith to resolve any
3
dispute as quickly as possible so as not to jeopardize the completion of the Regional Project in
accordance with the Project Schedule. If the City Managers Committee is unable to resolve a
dispute after reasonable and good faith efforts,the Parties shall promptly refer the dispute to their
respective City Councils for consideration. If the dispute is not resolved within thirty (30) days
after referral to the City Councils, then the Parties shall terminate this Agreement. In the event
of termination, Cedar Park may, at its own cost and expense, continue its attorney-client
relationship with Sick.
2.03 Access to Work Product.
(a) Any Party is entitled to copies of any work product produced by
Condemnation Counsel in connection with the Condemnation Legal Services. The Party
requesting a copy of such information shall pay all reasonable costs incurred in preparing and
furnishing the copies.
(b) The Parties acknowledge that Condemnation Counsel's communications
and work product may be exempt from production under the Public Information Act, Section
552.001 et seq. of the Government Code, and/or privileged under the Texas Rules of Evidence.
The Parties shall cooperate reasonably and in good faith to protect exempted or privileged
information from disclosure.
III.
PAYMENT OF CONDEMNATION LEGAL SERVICES COSTS.
3.01 Payment of Condemnation Legal Services Costs.
(a) All Condemnation Legal Services Costs shall be shared by the Parties
according to the Cost Allocation Percentages.
(b) The Parties agree that Condemnation Counsel shall be instructed to send
all invoices to Cedar Park. Upon receipt of each invoice from any Condemnation Counsel,
Cedar Park shall review the invoice and confirm that the Condemnation Legal Services have
been satisfactorily completed in accordance with the request for payment. Thereafter, Cedar
Park shall submit notice to the other Parties indicating each Party's share of the Condemnation
Counsel's invoice in accordance with each Party's Cost Allocation Percentage. Round Rock and
Leander shall forward payment therefor within ten(10)business days of the receipt of notice.
(c) In the event of any disputes among the Parties, the Parties agree that the
City Managers Committee shall work diligently and in good faith to resolve any dispute
concerning Condemnation Legal Services and/or Condemnation Legal Services Costs as quickly
as possible so as not to jeopardize the completion of the Regional Project. If the City Managers
Committee is unable to resolve a dispute after reasonable and good faith efforts, the Parties shall
promptly refer the dispute to their respective City Councils for consideration. If the dispute is
not resolved within thirty (30) days after referral to the City Councils, then the Parties shall
terminate this Agreement. In the event of termination, Cedar Park may, at its own cost and
expense, continue its attorney-client relationship with Sick.
4
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction,the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the Condemnation
Legal Services and supersedes all prior or contemporaneous understandings or representations,
whether oral or written, regarding the subject matter. The Parties confirm that further agreements
regarding the Regional Project are contemplated and will not be affected or limited by this
Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County, Texas.
4.08 Notices. Any notices given under this Agreement will be effective if(i) forwarded to a
Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service,postage prepaid, certified,to the address of the Party indicated below:
CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Sam Roberts
Telephone: (512)258-4121 x6321
Facsimile: (512)258-6083
Email: robertsQci.cedar-park tx us
with copy to: Leonard Smith
P.O. Box 684633
Austin, Texas 78768
Telephone: (512)474-6707
Facsimile: (512)474-6706
Email: lsmithCaleonardsmithlaw com
5
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512)218-5410
Facsimile:(512)218-7097
Email: Lnuse&ound-rock tx us
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512)255-8877
Facsimile: (512)255-8986
Email: slsheetsCcr�sheets-crossfield Com
Leander: P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512)259-1178
Facsimile: (512)259-1605
Email: w.watts@ci.leander.tx.us
with copy to: Diana Granger
223 W. Anderson Lane, Suite A-105
Austin,Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: gnQm—eys@ciLvattome3lexas.com
4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which will be deemed an original, but all of
which will constitute the same instrument.
4.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement
6
CITY OF ROUND ROCK:
ATTEST:
By:
Christine Martinez, City Secretary Nyle Maxwell, Mayor
Date:
7
CITY OF CEDAR PARK:
ATTEST:
By:
LeAnn Quinn, City Secretary Bob Lemon, Mayor
Date:
8
CITY OF LEANDER:
ATTEST:
By:
Debbie Haile, City Secretary John Cowman,Mayor
Date:
9
DATE: May 17, 2007
SUBJECT: City Council Meeting - May 24, 2007
ITEM: 11D1. Consider a resolution authorizing the Mayor to execute an
Interlocal Agreement Regarding Condemnation Legal Services for
the Regional Water System with the City of Cedar Park and the City
of Leander.
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, P.E., Director of Utilities
Justification:
The Cities of Round Rock, Cedar Park, and Leander have agreed to jointly pursue a Regional
(Lake Travis) Water System that will ultimately provide an additional 105.8 million gallons
per day of potable water to meet future water demands of the Cities based on projected
population growth. This agreement is for the Condemnation Legal Services that will be
performed by a Condemnation Council appointed by the participating Cities. These legal
services will be provided to support any required condemnation for the regional project.
All Condemnation Legal Services Costs shall be shared by the Parties according to their
ultimate capacity allocation percentage in the Regional Water System. These percentages
are Round Rock (38.56%); Cedar Park (14.18%); and Leander (47.26%).
Fungi
Cost: Unknown at this time.
Source of funds: Capital Project Funds (Self-Financed Utility)
Outside Resources: Condemnation Legal Services - Kent Sick
City of Cedar Park
City of Leander
Background Information•
This agreement is related to the Regional Water System Project.
Public Comment: N/A
Jow
EXECUTEB
nocum
ENT
IFO,LLOW,, S
R
INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL SERVICES
FOR REGIONAL WATER SYSTEM
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT REGARDING CONDEMNATION LEGAL
SERVICES FOR REGIONAL WATER SYSTEM("Agreement")is entered into between the
City of Round Rock, Texas, a Texas home-rule city ("Round Rock"); the City of Cedar Park,
Texas, a Texas home-rule city("Cedar Park% and the City of Leander, Texas, a Texas home-
rule city("Leander'). In this Agreement, Round Rock, Cedar Park and Leander are sometimes
individually referred to as"Party"and collectively referred to as"Parties"
Recitals
WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander
necessitates the development of additional water treatment capacity for each of these
communities;
WHEREAS, the Parties have agreed to jointly pursue a regional water supply system
that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of
potable water supply to meet future water demands of the Parties based on projected population
grog
WHEREAS, in order to pursue construction of the regional water supply system, the
Parties may have to pursue condemnation to acquire necessary easements; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under
which the Parties may authorize legal services in support such condemnation and under which
the Parties will cost participate in all costs and expenses related thereto.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement,the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this Interlocal Agreement Regarding Condemnation Legal Services
for Regional Water System.
1.02 "Cedar Park"means the City of Cedar Park,Texas.
R-07 o5-a�-i�o�
1
S
1.03 "City Managers Committee' means the committee consisting of the City Managers for
Cedar Park, Leander,and Round Rock.
1.04 "Condemnation Counsel" means the attorney(s) appointed and retained by the Parties as
condemnation counsel. Such attorney(s) shall be licensed to practice law in the State of Texas,
shall be in good standing with the State Bar of Texas, and shall be experienced and qualified in
the area of condemnation.
1.05 "Condemnation Legal Services" means the legal services to be performed by
Condemnation Counsel. These services will be in support of the Regional Project and any
condemnation required thereby.
1.06 "Condemnation Legal Services Costs" means all costs and expenses incurred by the
Parties for Condemnation Legal Services. Each Party shall bear its share of the Condemnation
Legal Services Costs in accordance with the Cost Allocation Percentage set forth herein.
1.07 "Cost Allocation Percentage" means the percentage of Condemnation Legal Services
Costs to be paid by each Party.The Cost Allocation Percentage for each Party is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.08 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER and the Project Schedule.
1.09 "Effective Date" means the last date of execution of this Agreement by the Parties;
provided all of the Parties must execute this Agreement for it to be effective.
1.10 "Leander"means the City of Leander,Texas.
1.11 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
1.12 "PER"means the "Regional Water Supply Project Engineering Design Report"prepared
by HDR Engineering, Inc. and dated November 2006.
1.13 "Regional Project" means the regional water supply system, which will ultimately
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of the Parties, based on projected population growth, as more fully described in the
PER.
1.14 "Round Rock"means the City of Round Rock,Texas.
2
r �
t
II.
CONDEMNATION LEGAL SERVICES
2.01 Condemnation Legal Services.
(a) The Parties hereby appoint and retain Kent Sick("Sick")as.Condemnation
Counsel. Sick shall provide Condemnation Legal Services to the Parties in accordance with the
provisions of the Agreement. The Parties may designate an additional firm(s) or attorney(s) to
serve as Condemnation Counsel from time to time.
(b) The Parties agree that Cedar Park will serve as the principal contact with
Condemnation Counsel. Cedar Park will have primary responsibility to oversee and administer
the Condemnation Legal Services, but shall do so at all times in cooperation with the D.O.
Committee.
2.02 D.O.Committee Participation.
(a) Each Condemnation Counsel shall work with and report to the D.O.
Committee. The D.O. Committee shall prepare a schedule of meetings with each Condemnation
Counsel that shall be approved by all members of the D.O. Committee. Cedar Park shall ensure
that each Condemnation Counsel works cooperatively with the D.O. Committee. The foregoing
shall not be construed to prohibit any Party from communicating directly with Condemnation
Counsel regarding the Condemnation Legal Services without the presence or participation of the
other Parties, or from meeting with Condemnation Counsel when it is not practicable to schedule
a meeting with the D.O. Committee.
(b) The D.O. Committee shall:
(i) Attend and participate in regular meetings with each
Condemnation Counsel to monitor the status of the Condemnation Legal Services and
to provide direction and recommendations with respect thereto;
(ii) Ensure that the Condemnation Legal Services are performed in
accordance with the PER and the Project Schedule;and
(iii) Address any other relevant matters relating to the Condemnation
Legal Services.
(c) Within five (5) business days of receipt of any reports or
recommendations prepared by a Condemnation Counsel, the members of the D.O. Committee
shall specify in writing to each other any objections regarding the draft reports,and any proposed
revisions thereto. If any member of the D.O. Committee fails to object in writing to the report
within five (5) business days, then that member shall be deemed to have approved the draft
report. In the event that any member of the D.O. Committee timely objects to the draft report,
then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous
agreement. If the D.O. Committee cannot unanimously agree to the proper resolution within five
(5) business days, then the D.O. Committee shall refer the dispute to the City Managers
Committee. The City Managers Committee shall work diligently and in good faith to resolve any
3
f
s
dispute as quickly as possible so as not to jeopardize the completion of the Regional Project in
accordance with the Project Schedule. If the City Managers Committee is unable to resolve a
dispute after reasonable and good faith efforts,the Parties shall promptly refer the dispute to their
respective City Councils for consideration. If the dispute is not resolved within thirty(30) days
after referral to the City Councils, then the Parties shall terminate this Agreement. In the event
of termination, Cedar Park may, at its own cost and expense, continue its attorney-client
relationship with Sick.
2.03 Access to Work Product.
(a) Any Party is entitled to copies of any work product produced by
Condemnation Counsel in connection with the Condemnation Legal Services. The Party
requesting a copy of such information shall pay all reasonable costs incurred in preparing and
furnishing the copies.
(b) The Parties acknowledge that Condemnation Counsel's communications
and work product may be exempt from production under the Public Information Act, Section
552.001 et seq. of the Government Code, and/or privileged under the Texas Rules of Evidence.
The Parties shall cooperate reasonably and in good faith to protect exempted or privileged
information from disclosure.
III.
PAYMENT OF CONDEMNATION LEGAL SERVICES COSTS.
3.01 Payment of Condemnation Legal Services Costs.
(a) All Condemnation Legal Services Costs shall be shared by the Parties
according to the Cost Allocation Percentages.
(b) The Parties agree that Condemnation Counsel shall be instructed to send
all invoices to Cedar Park. Upon receipt of each invoice from any Condemnation Counsel,
Cedar Park shall review the invoice and confirm that the Condemnation Legal Services have
been satisfactorily completed in accordance with the request for payment. Thereafter, Cedar
Park shall submit notice to the other Parties indicating each Party's share of the Condemnation
Counsel's invoice in accordance with each Party's Cost Allocation Percentage. Round Rock and
Leander shall forward payment therefor within ten(10)business days of the receipt of notice.
(c) In the event of any disputes among the Parties, the Parties agree that the
City Managers Committee shall work diligently and in good faith to resolve any dispute
concerning Condemnation Legal Services and/or Condemnation Legal Services Costs as quickly
as possible so as not to jeopardize the completion of the Regional Project. If the City Managers
Committee is unable to resolve a dispute after reasonable and good faith efforts, the Parties shall
promptly refer the dispute to their respective City Councils for consideration. If the dispute is
not resolved within thirty (30) days after referral to the City Councils, then the Parties shall
terminate this Agreement. In the event of termination, Cedar Park may, at its own cost and
expense,continue its attorney-client relationship with Sick.
4
IV.
GENERAL PROVISIONS
4.01 Authority.This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability.The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction,the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues.Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the Condemnation
Legal Services and supersedes all prior or contemporaneous understandings or representations,
whether oral or written,regarding the subject matter. The Parties confirm that further agreements
regarding the Regional Project are contemplated and will not be affected or limited by this
Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County,Texas.
4.08 Notices. Any notices given under this Agreement will be effective if(i) forwarded to a
Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy;,or(iii) deposited with
the U.S. Postal Service,postage prepaid, certified,to the address of the Party indicated below:
CEDAR PARK: 600 North Bell Blvd.
Cedar Park,Texas 78613
Attn: Sam Roberts
Telephone: (512)258-4121 x6321
Facsimile: (512)258-6083
Email: robertsaa.ci.cedar-park.tx.us
with copy to: Leonard Smith
P.O.Box 684633
Austin,Texas 78768
Telephone: (512)474-6707
Facsimile: (512)474-6706
Email: lsmithWeonardsmithlaw.com
5
� I
ROUND ROCK: 221 East Main
Round Rock,Texas 78664
Attn: Jim Nuse
Telephone: (512)218-5410
Facsimile:(512)218-7097
Email: inm%N&;ound-rock.tx.us
with copy to: Steve Sheets
309 E. Main Street
Round Rock,Texas 786645264
Telephone: (512)255-8877
Facsimile: (512)255-8986
Email: slsheets(@.sheets-crossfield.com
Leander: P.O. Box 319
Leander,Texas 78646-0319
Attn:Wayne Watts
Telephone: (512)259-1178
Facsimile: (512)259-1605
Email:w.watts@ci.leander.tx.us
with copy to: Diana Granger
223 W.Anderson Lane, Suite A-105
Austin,Texas 78752
Telephone: (512)323-5778
Telecopy: (512)323-5773
Email: attomey��}a cityattorneytexas.com
4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which will be deemed an original, but all of
which will constitute the same instrument.
4.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement
6
CITY OF ROUND ROCK:
TTEST:
I LAAMkU I R. By:
Christine Martinez,City Secretary ooO le axwell,Mayor
Date:
7
CITY OF CEDAR PARK:
ATTEST:
L_T�� By:
LeAnn Quinn,City Secretary Bob Lemon,N19yor
Date: S" q-
8
e �
CITY OF LEANDER:
A T:
A /I II) l I Ja,&, &40��
By. .
Debbie Haile, City Secretary hn Cowman, Mayor
Date: a— —�7
9