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Contract - Williamson County - 2/25/2016INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY 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 2016, by and between Williamson County, Texas, 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 mutual benefit of the parties; and WHEREAS, the District and the City desire to cooperate in the replacement of a traffic signal and related improvements at the intersection of CR 110 and University Boulevard (the "Project"); and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the District agree as follows: A. TERMS AND CONDITIONS 1. Proiect Improvement. The Project entails the replacement of an existing flashing traffic signal with a c-tandard traffic signal and restriping. The approximate location of the Project improvements are shown on Exhibit "A", attached hereto and incorporated herein. 2. County Obligations. The County shall be responsible for the design, right-of-way, utility relocation, ,?nd construction of the Project, including replacement of the traffic signal, minor construction, and restriping roads where necessary. 3. City Obligations. After project completion, the City will own, operate and maintain the Project improvements. 00351193bk 4. Project Funding. a. The County shall be solely responsible for all costs associated with design and construction of the Project. B. MISCELLANEOUS PROVISIONS 1. Execution. This Agreement may be simultaneously executed in any number of counterparffi,. M cach of which will serve as an original and will constitute one and the same instrument. E 2. Governing Law. be governed by the Constitution and laws of the State 51 3. Successors and Assigns. The assignment of this Agreement by either Party is prohibited without the prior written consent of the other Party. 4. Headings. The captions and headings appearing in this Agreement are inserted merely 11 facilitate reference and will have no bearing upon its interpretation. 0 5. Partial Invalidity. 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. N S. Cooperation. Each Party agrees to execute and deliver all such other and further instruments Rnd 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 in Williamson County, Texas all venue for any action arising hereunder will be in Williamson County. 0 10. Third Party Beneficiaries. Except as otherwise expressly provided herein, nothing in this Agreement, c;xpress or implied, is intended to confer upon any person, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement. 11. Representations. Unless otherwise expressly provided, the representations, warranties, covenants, indemnities, and other agreements will be deemed to be material and continuing, will not M' merged, and will survive the termination or expiration of this Agreement. 12. Exhibits. All exhibits attached to this Agreement are hereby incorporated in this Agreement as if the same were set forth in full in the body of this Agreement. 13. Entire Agreement. This Agreement, including any attached exhibits, contains the entire agreemen! between the Parties with respect to the subject matter and supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties with respect to such matters. 14. Term. This Agreement shall automatically terminate if a construction contract is not awarded for the Project within four (4) years after this Agreement is executed by both parties. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signeY, sealed and attested in duplicate by their duly authorized officers, as of the EfFective Diae. I Dan A Gattis, County Judge CITY OF R UND ROCK, TEXAS By: Alan McGraw, Mayor Date: � - -�9 - I ) . i « « � , ( 7^ ( z \\G