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Contract - Upper Brushy Creek Water Control Improvement District - 9/9/2021INTERLOCAL AGREEMENT BETWEEN UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT AND CITY OF ROUND ROCK THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This Interlocal Agreement (the Agreement) is entered into as of this day of 2021, by and between the Upper Brushy Creek Water Control and Improvement District, a political subdivision of the State of Texas (the "District") and the City of Round Rock, a Texas home -rule municipality (the "City") (collectively, the "Parties"). RECITALS WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the Texas Interlocal Cooperation Act, provides that any one or more local governments may contract with each other for the performance of governmental functions or services for the promotion and protection of the health and welfare of the inhabitants of this State and the mutual benefit of the parties; and WHEREAS, on the 6th day of December, 2018 the parties entered into an interlocal agreement (the "2018 Agreement") which set forth the parties' respective roles and duties regarding the design and construction of a new dam and inundation easement capable of impeding the flow of flood waters in the Lake Creek Basin area ("Dam 101 "); and WHEREAS, the District and the City desire to adopt a new Interlocal Agreement (the "2021 Agreement") based on the terms and conditions as stated herein; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the District agree as follows: A. Both Parties agree that in the event of any conflict of provisions between the 2018 Agreement and the 2021 Agreement, the provisions of the 2021 Agreement shall govern. B. TERMS AND CONDITIONS OF 2021 AGREEMENT 1. Project Description. Dam 101 is an earthen dam and inundation easement, the purpose of which is to mitigate regional flooding throughout the Lake Creek Watershed (the "Dam 101 Project"). The current R,-, 2007,01 --a 2*S+ 00478839/ss2 estimated project costs, including but not limited to design, permitting, land and easement 0 acquisitions, and construction, are Thirty -Four Million and NO/I 00 Dollars ($34,000,000.00). 0 2. District Obligations. a. The District shall be responsible for the design, permitting, easement and land acquisition, construction operation and maintenance of the Dam 101 Project. b. The District shall be responsible for the design, permitting, and construction of the stream and wetland mitigation project ("SWMP"),, In addition, any required survey, title work, recording, or other related SWMP costs shall also be paid by the District. c. The District shall be responsible for the USACE required inspections and estimated five (5) years of reporting for the SWMP. If the reporting period exceeds five (5) years, the City shall then become responsible for the inspections and the reporting requirements, provided the City has the appropriate staff. In the event the inspections and reporting requirements require specialized skills not present within the existing staff, the District shall either continue the inspection and reporting requirements or enter into negotiations with the City for the District to reimburse the City for staffing or third -party contracting costs associated with the required inspection and reporting requirements. 3. City OblEafions.i The City shall pay ten percent (10%) of the project costs i'*n an amount not to exceed Three Million Four Hundred Thousand and No/ 100 Dollars ($3 400 000.00 as set forth below: a. Financial Contribution: (i) The City shall be credited for all previous payments and financial commitments made pursuant to the reimbursement of engineering, design and permitting costs for the Dam 101 Project set forth I*n the 2018 Agreement. The City shall continue to reimburse the District for said costs up to not to exceed amount of Two Million and No/100 Dollars ($2,000,000.00),, The District acknowledges and agrees that staff time and associated expenses were incurred when the City initially managed the Dam 101 Project. b. SWMP Assistance: 9 (i) The City shall not require a fee or payment to execute the easements, or similar commitments as required by USACE, for the SWMP currently planned for the location set forth in the attached Exhl*bl*t "A" ("SWMP Site"). 2. The City agrees to commit to the long-time stewardship as required by the USACE, including preserving the SWMP Site 14'n its newly reestablished state in perpetuity. The City shall consider the channel and mitigation improvements an asset owned by the City and eligible for maintenance funding through the Drainage U0 tility. c. Provision of Construction Water: (i) The City shall install a water take point on the CI*ty's west transmission line as close as practicable to the location shown i*n the attached Exhibit "B" ("Water Take Point") , s agreed upon by the District and City. The City shall perform, or contract to have performed at its expense, any modifications required for establishing a take point for construction water, including but not limited to tap installation. The City agrees to provide the water required for the Dam 101 Project at no cost to the District. All of the items in this Section 3 represent the City's total financial obligations for all of the Dam 101 Project costs. In the event additional costs are incurred or cost escalations are experience for the Dam 101 Project, the City shall not be responsible for any other items that are not specifically set forth I*n this Section 3. co MISCELLANEOUS PROVISIONS 1. Executi*on. This Agreement may be simultaneously executed i*n any number of counterparts, each of which will serve as an original and will constitute one and the same instrument. 2. Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas. 3. Successors and Assigns.__m The assignment of this Agreement by either Party is prohibited without the prior written consent of the other Party. 3. 4. Headings. The captions and headings appearing in this Agreement are inserted merely to facilitate reference and will have no bearing upon its interpretation. 5. Partl*al 1nva11*d1*ty. If any of the terms, covenants or conditions of this Agreement, or the application of any 40 term, covenant, or condition, is held invalid as to any person or circumstance by any court with jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or conditions to other persons or circumstances, will not be affected. 6. Waiver. Any waiver by any party of its rights with respect to a default or requirement under this Agreement will not be deemed a waiver of any subsequent default or other matter. 7. Amendments. This Agreement may be amended or modified only by written agreement duly authorized and executed by the duly authorized representatives of the Parties. 8. Cooperation. Each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 9. Venue. All obligations of the Parties are performable i*n Williamson County, Texas and venue for any action arising hereunder will be in Williamson County. 10,0 Third Party Beneficiaries. Except as otherwise expressly provided implied, i*s intended to confer upon any person, remedies under or by reason of this Agreement. 11. Representations. herein, nothing in this Agreement, express other than the Parties, any rights, benefits, Unless otherwise expressly provided, the representations, indemnities, and other agreements will be deemed to be material and merged, and will survive the termination or expiration of this Agreement,. warranties, continuing, or or covenants, will not be 4. 12e Exhibits. All exhl*bl*ts attached to this Agreement are hereby incorporated in this Agreement as i*f the same were set forth I*n full I*n the body of this Agreement. 13e Agreement. This 2021 Agreement shall amend only the provisions of the 2018 Agreement as set forth herein with no other changes i"n terms or conditions of the 2018 Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed, sealed and attested in duplicate by their duly authorized officers, as of the Effective Date. (Signatures on the following pages) 5. UPPER BRUSHY CREEK WATER C."ONTROL AND IMPROVEMENT D fflCT By: Mike- Foreeman-1 Pres* ent Date: Attest: Lisa Moravitz Approved as to Form: 0-- ep7h- a'n'ide= Lon—. mia �- re. -D""-­—i�srict Attorney rd 0 AD LF0 CITY OF ROUND ROCK, TEXAS By: 1,14 Craig Morga , Nfayor Date: 1.1', 744,011 Attest: QA L. Sara White, City Clerk EXHIBIT A N W E S Legend TXRAM SAR MAP SAR 3 - 532 LF CANDIDATE COMPENSATORY MITIGATION SITES SAR 4 - 367 LF DAM 101 PROJECT �/�/ XXXXR 5 - 120 LF SAR 6 - 133 LF SAR 7 - 460 LF N AECOM Technical Services Parks - 9400 Amberglen Boulevard Austin, TX 78729 (512) 454-4797 'JICOM (512) 454-8807 www.aecom.com TBPE Reg. No. F-3580 0 200 400 Feet Date 6/24/2021 Project 60514934 Figure 1 LEGEND --_ �" �__^;� OPEN SPACE PER ROBINSON RANCH �• kv ANNEXATION AGREEMENT t r APPROXIMATE LOCATION O / \G is G7 - / �` ter'" _ .. ' CONSTRUCTION WATER SUPPL ..- BY CITY OF ROUND ROCK ` I Il 1 '� �� _ -- '- r \ �. j ,t TEMPORARY EASEMENT REQUIRED DEVELOPABLE LAND a. EXISTING UNIMPROVED \. CITY OF ROUND ROCK / AUSTIN '' i ► �/ `k, , • ACCESS ROAD- ( �. . ��' __��.- TEMPORARY EASEMENT REQUIRED ALLOWABLE HAUL ROAD I ETJ BOUNDARY . '"° \ �i �� It ' % _ OPEN SPACE/ NON -DEVELOPABLE iwF'-�i!f��' wi 1? �" i° ♦ // r/ `�` w r LAND PARCEL # /�'a I I r.- i �� — — — — — 10 t s \l r EXISTING UNI R►�`JGED \\'._ `1 � •-��\���J�'// 1 / x >� ACCESS IxAD - A�LrVVABLE HAUL ROAD ? ` �tiC \1 Exhibit B too \ PRINCIPAL \ STRUCTURE AREA. ' .. - ♦ SPILLWAY � �� - EXISTING QUARRY + �� \ ID #2 + ` `EXISTING UNIMPROVED PARCEL #R325929 ,_// (INACTIVE) �! . * - n r' -_ ACCESS ROAD- ` �., PERMANENT NEW ACCESS ROAD /t j 1 .00 DAM 101 DAM �, EXISTING DAM 9 aj 'f EMBANKMENT DAM EMBANKMENT s w ♦ TEMPORARY CONSTRUCTION - *51AGING /LAY DOWN /OFFICE AREA - EASEMENT - AUXILIARY ." .. _ SPILLWAY -I 14 Q,� R Q I = PARCEL #R449697 D 1 -AFT - N f r 2 A.J 1\ E" S E" / .. TEMPORARY i I, =_.._ }� ` --- � CONSTRUCTION EASEMENT r: • - - - , " ` ti +rr �•- - �IA1lIls.,lw �i"irr / ID #2 1 TEMPORARY � � 1 PA 055505 _ ' ACCESS/HAUL ROAD`S -� ROVE = TEMPORARY ! ACCESS ROAD P 1 D� c COFFER - = [ :.' - _ � DAM OC EASEMENT l ObN \. EXISTING O'CONNOR DRIVE --, INUNDATION EASEMENT' f1' ENTRY/EXIT 1 NEW RECESSED GATE PARCEL #R056281 c ) 0 300 600 900 -OU. ` `� ✓ i;;'; a SCALE IN FEET N � •,. .. �� > '` ,y. 1 •-'.�. f•-' "`.:-•,.;.. �w- � ROR EXISTING O'CONNOR DRIVE i .,. �, _ :. � �, .z .� .'"o'••,,,.+ - - O'G ENTRY/EXIT 2 i N ENTRY (EXISTING ,.. E GATE)+A� REV NO. DESCRIPTION DATE {. �.! - '`• .+ ` M1 \ t ' •% _ ISSUED FOR REVIEW .s , g� \r , a , DRAFT - NOT for PUBLIC RELEASE