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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. dbelb7c7-a532-4566-845d-d7ecfc70065a 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 3