Contract - City of Cedar Park - 8/13/2015 SECOND AMENDMENT
TO THE INTERLOCAL AGREEMENT FOR
INTERIM WATER SUPPLY BETWEEN
THE CITY OF ROUND ROCK
AND
THE CITY OF CEDAR PARK
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
THIS SECOND AMENDMENT ("Second Amendment") is to that one certain Interlocal
Agreement for Interim Water Supply (2013), executed September 10, 2013 ("Agreement") by
and between the City of Cedar Park ("Cedar Park") and the City of Round Rock ("Round
Rock"), collectively referred to herein as "the Parties."
RECITALS
1. The Parties previously on September 10, 2013 entered into the Agreement providing that
Round Rock would permit Cedar Park to utilize some of Round Rock's excess water capacity on
an interim basis.
2. The Parties previously entered into the First Amendment to the Agreement extending the
Term until September 30, 2015.
3. By mutual consent, the Parties wish to extend the Term until December 31, 2015 and to
increase the Firm Service to a peak daily flow of 4 MGD.
4. Cedar Park and Round Rock desire to amend the Agreement to reflect the above changes.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, terms used in this Second Amendment
shall have the meaning as set forth in the Agreement.
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ARTICLE TWO
AMENDMENTS
2.01 Article 2.03 Establishment of Maximum Level of Firm Service is hereby
amended to read as follows:
Round Rock and Cedar Park agree that, for the term of this Agreement, Round Rock will
provide to Cedar Park at the Point of Delivery, Firm Service up to a peak daily flow of 4.0 MGD
on a firm or assured basis ("Firm Service"). During said period, Interim Water Service in excess
of a peak daily flow of 4.0 MGD will be provided only on an as available basis ("As Available
Service").
2.02 Article 3.01. Term of Agreement is hereby amended to read as follows:
This Agreement shall be effective until the 31st day of December, 2015.
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is
hereby ratified and confirmed.
3.02 This First Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies have caused this First Amendment to be duly executed as of the day and year
first above written.
CITY OF CEDAR PARK, TEXAS
) (CtAj
By:
Matthew Powell, Mayor
Date: 8. '5• /S
Attest:
By7J •
LeAnn Quinn, City Secretary
2
CITY OF R ND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date: VVI S4'
Attest:
By: c944/1/ •�
Sara White, City Clerk
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