Title
Consider a resolution authorizing the Mayor to execute the Fifth Amendment to the Amended and Restated Consent Agreement Among RSP Partners Development, L.P., SEDC Devco, Inc., and Siena Municipal Utility District Nos. 1 and 2.
Body
This Fifth Amendment to the Amended and Restated Consent Agreement is entered into among the City of Round Rock, Texas; RSP Partners Development, L.P. (Developer); SEDC Devco, Inc.; and Siena Municipal Utility Districts No. 1 and No. 2 (Districts).
The City and Developer entered into the Amended and Restated Consent Agreement (the “Original Agreement” and, as amended by the First Amendment, Second Amendment, Third Amendment and Fourth Amendment); and the City, Developer, SEDC and the Districts now desire to amend the Consent Agreement (Fifth Amendment) to address SEDC’s construction of Line C-5 Phase 4 of the McNutt Interceptor.
Service to the Districts from the McNutt Interceptor requires the construction of Line C, which connects to Line B is comprised of six phases: Line C-1, Line C-2, Line C-3, Line C-4, Line C-5 and Line C-8. SEDC has constructed Line C-5 Phase 4. In order to serve the Districts only, Line C-5 Phase 4 would be required to be constructed as a 12-inch line. At the City’s request, Line C-5 Phase 4 was oversized as an 18-inch Line in order to provide additional capacity for future development.
Prior to construction, Line C-5 Phase 4 was designed by Randall Jones Engineering, Inc. and the plans and specifications were reviewed and approved by the City. Within 45 days after the date of this Amendment, the City will reimburse SEDC for the City’s cost share of engineering fees for the Plans, which is $68,445; and the costs of inspection, testing, permits and environmental studies for Line C-5 Phase 4, which is $800.
The contract for construction of Line C-5 Phase 4 was advertised for bid by SEDC, on behalf of the Districts, in accordance with all applicable legal requirements, including Chapter 49, Texas...
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