INTERLOCALAGREEMENT - JCSUD AND THE CITY OF JOSHUA WATER UTILITIES FACILITIES RELOCATION AND MAINTENANCE This INTERLOCAL AGREEMENT FOR WATER UTILITIES FACILITIES RELOCATION AND MAINTENANCE ("Agreement"): relative to the Joshua Meadows Ph3C in the City of Joshua is entered into by and between Johnson County Special Utility District ("JCSUD") and the City of. Joshua, Texas ("Joshua" or the "City"), to be effective as of the last date of execution by JCSUD and Joshua (the "Effective Date"). JCSUD and Joshua may be  JOSHUA MEADOWS PH3C  referred to herein individually as a "Party" or collectively as the "Parties."  WHEREAS,JCSUDisaconservation and reclamation district created pursuant to Section 59, Article XVI of the Texas Constitution and operating under Chapters 49 and 65 of the Texas  Water Code; and  WHEREAS, Joshua is al home-rule city acting under its charter adopted pursuant to. Article XI, Section 5 ofthe Texas Constitution and Chapter 9 oftheLocal Government Code, as amended;  and  WHEREAS, on or about  the City approved a planned development for single-  family residential development on 49.763 acres, more or less, tol bel known as the. Joshua Meadows Ph3 3C (the "Development"),: and a legal description of such property is attached hereto as Exhibit  A and incorporated by reference; and  WHEREAS, on or about July 14, 2022, JCSUD approved a planned development for single-family residential development consisting of 48 lot(s), without offsite improvements, to be known as the Joshua Meadows Ph 3C (the "Development"), an overall water facilities layout of said development is attached hereto as Exhibit B and incorporated by reference; and  WHEREAS, Joshua may act to take on certain capital projects (the "Projects") such as roadway extensions or other right-of-way adjustments as designated by Joshua relative to the Development for the intended purpose of improved public access, including but not limited to  additional lane capacity, storm drainage improvements, curbing, etc.; and  WHEREAS, such Projects relative to the Development may necessitate the adjustment, removal, and/or relocation of certain water utilities facilities belonging to JCSUD, including but not limited to engineering, easement acquisition costs, and construction to relocate JCSUD utility  lines along, within, or across any right-of-way within the City; and  WHEREAS, JCSUD is willing to work with the City to permit the relocation necessary for such projects relative to the Development, according to the terms and conditions set forth  herein, including but not limited to reimbursement for any relocation.  NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration the receipt and sufficiency of which being hereby  acknowledged, the Parties agree as follows:    I.  RELOCATION  1. Area and Facilities Subject to Relocation. The Parties agree that the Projects relative to the Development will bei thoroughly described and defined in any Project plans as submitted along  with the City's formal request for relocation ofwaterline facilities.  2.  Responsibility for Construction. The Parties agree that JCSUD shall be responsible for conducting necessary engineering, inspection, and/or surveying of the area to which the water utilities facilities will be relocated, and acquiring easements for the relocation. The Parties agree that JCSUD shall review and approve the construction plans and provide inspection during construction. JCSUD agrees that Joshua may assign the necessary engineering, and/or subcontract any relocation work to any contractor, including to the general contractor selected by Joshua to  undertake all or part oft the Projects.  3.  Construction Notice. After the Effective Date, Joshua agrees to provide written notice authorizing JCSUD to begin performing work for any relocationç"Construction Notice"). JCSUD agrees to perform such work diligently, and to conclude the relocation within one (1) year from the date of JCSUD's receipt of the Construction Notice ("Completion Date"). However, the Completion Date shall be extended for delays caused by events outside JCSUD's control, including but not limited to a strike, war or act of war (whether an actual declaration of war is made ornot), insurrection, riot, act of public enemy, accident, fire, flood, adverse weather, or other act of God, sabotage, interference by Joshua, including suspension under Section II of this Agreement, or any third party with JCSUD's ability to proceed with any relocation, or any other event in which JCSUD has exercised all due care in the prevention thereof so that the causes or other events are beyond the control and without the fault or negligence ofJCSUD.  II. REIMBURSEMENT  1.  Costs. Joshua agrees to reimburse JCSUD for any and all costs associated incurred by it with any water utilities facilities relocation relative to the Development, including, but not limited to, engineering, design, surveying, permitting, legal, and other consulting costs, costs ofacquiring easements, oversight costs associated with JCSUD's internal administration and staff, and any and  all construction and inspection costs.  i.  The Parties agree that the estimated costs constitute a reasonable estimate of the costs of any relocation. The Parties acknowledge that the costs may increase or decrease from the total amount but such increase or decrease shall not relieve Joshua of the duty to reimburse JCSUD. IfJCSUD anticipates an increase in the estimated costs of more than five percent (5%), then JCSUD or its engineer will provide a change order to Joshua identifying the amount of the anticipated change and the reason for the anticipated change ("Change Order"). JCSUD agrees to use reasonable efforts toj provide any Change Order to Joshua within fourteen( (14)days of the date that JCSUD, or its engineer, determines that an increase in costs is ii. In the event JCSUD elects to assign any relocation construction to Joshua for administration by Joshua's general contractor in accordance with Section I.2. of  anticipated.  2    this Agreement, thel Parties agree that Joshua may payi its general contractor directly rather than reimbursing JCSUD for costs incurred by the general contractor. iii. Joshua will not bei responsible for the incremental construction costs, as reasonably determined by JCSUD's engineer, resulting from the improvement, upgrading, oversizing, or betterment (the "Betterment") of existing facilities; provided, however, that nothing herein shall prohibit JCSUD from electing to improve or otherwise better its facilities simultaneously with any relocation. The expected incremental construction costs associated with the Betterment shall be listed and  itemized in writing by JCSUD.  iv. Where JCSUD's policies, rules, and procedures, then in effect, require aj particular line to be of a different size than the existing line which is subject to relocation (including CSUD'sminimum line size policy), the Parties acknowledge and agree that meeting the requirements of such a policy, rule or procedure will not be considered Betterment and the costs of such change will not be within the  Betterment costs.  2.  Invoices. JCSUD agrees to account for any relocation costs using JCSUD's established accounting procedures. JCSUD will submit invoices for work performed on an incremental basis throughout any relocation. JCSUD will provide documentation in support of the invoices as  reasonably requested in writing by Joshua.  3.  Payment of Invoices. Joshua will pay thei invoices submitted by JCSUD within thirty (30) days ofJoshua'sr receipt ofthei invoice. IfJoshua disputes any amount ofani invoice, Joshua agrees to pay the full amount of the invoice and to submit notice, in writing, to JCSUD of the amount Joshua disputes and the reason for such dispute within thirty (30) days of receipt of the invoice. Invoices for which no such timely notification is received shall be deemed accepted by. Joshua as true and correct. The Parties shall seek toi resolve all such disputes expeditiously and in good faith. Failure tol Pay Invoices. Joshua agrees that the failure to pay any invoice within sixty (60) days of receipt of the invoice will constitute ai material breach of this Agreement and will entitle JCSUD to all remedies available in law or in equity, including, but not limited to, termination of this Agreement. All late payments shall bear interest at the lesser rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Joshua shall also reimburse JCSUD for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available, JCSUD shall be entitled to suspend any Project if. Joshua fails to pay any invoice when due hereunder and such  4.  failure continues for sixty (60) days following written notice thereof.  III. MAINTENANCE  The Parties agree that JCSUD shall be the entity of record to repair its distribution lines and all related facilities as needed to maintain normal operations. Joshua agrees that JCSUD: may place, construct, maintain and operate new water utilities facilities for the Development in. Joshua'si right- of-way or easements; however, in the event that Joshua thereafter desires the relocation oft those water utilities facilities, Joshua shall be responsible for the costs associated with such relocation,  3    and JCSUD and Joshua will coordinate the relocation process. JCSUD may utilize appropriate Joshua contractors or in-house forces on a "cost plus" basis when such use is available without  causing delay or harm to Joshua.  IV. BENEFIT  Absent this Agreement, JCSUD would seek to install all distribution/collection lines and related facilities within an easement at every opportunity since. JCSUD is subject to the City's demand to relocate utilities when. Joshua engages a capital project where its placement willl bei in conflict with the existing location of. JCSUD's utilities within the City right-of-way. This Agreement enables JCSUD to comply with the City's development standards whereby water and sewer facilities are planned and installed within the jurisdictional area of the City and its rights-of-way to optimize land use to the benefit of Joshua and its development planning relative to the Development. Accordingly, Joshua assures that JCSUD water and sewer facilities may be located within the City right-of-way and while other utilities may cross over, Joshua shall ensure no other utilizes run along JCSUD's facilities closer than two feet (2') from JCSUD's facilities SO that normal  maintenance is not impeded.  V. MISCELLANEOUS  1.  Notices. Notices shall bei in writing and delivered personally, or mailed by registered mail orcertifiedi mail, return receipt requested,1 postage prepaid, or transmitted by facsimile transmission (receipt ofsucht transmission tol be acknowledged by thei recipient) to the Parties at their respective  addresses shown below:  Johnson County Special Utility District Attn. Terry Kelley, General Manager P.O. Box 509 Cleburne, TX 76033 (817) 760-5200 City of. Joshua Attn: Josh. Jones, City Manager 101 S. Main St. Joshua, TX 76058 (817)558-7447  2. anyrelocation. 3.  Compliance with ApplicableLaws. Thel Parties agree that they will comply with all federal and state laws, rules, and regulations applicable to construction associated with the Projects and  Disclaimer of Indemnification. The Parties agree that neither of them may indemnify the other under Texas state law for any reason, including any tort or other claim for (i) any injury or death of any person; (ii) any loss or damage to a vehicle or other personal property; or (iii) any  loss or damage to any real property.  4    4. 5.  Governing Laws. This Agreement shall be governed by and construed and enforced under Venue. Theo obligations and undertakings of each ofthe Parties to this Agreement shall be performed in Johnson County, Texas. The parties expressly agree that all judicial proceedings to enforce any oft the provisions ofthis Agreement shall take place in Johnson County, Texas.  the laws of the State ofTexas.  6. this Agreement. 7. 8.  Third Party Beneficiaries. The Parties agree that there are no third party beneficiaries to Attorneys' Fees. Except as provided in Section II ofthis Agreement, each Party shall bear Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter ofthe. Agreement. No agreement, statement, or promise made by any Party or to any employee, agent, or officer of any Party that is not contained in this Agreement  its own attorneys' fees and costs related to this Agreement.  shall be valid, binding, or of any force or effect.  9. Agreement. Parties.  Exhibits. All Exhibits hereto are incorporated as if set forth in their entirety in this  10. Amendment. Any amendments to this Agreement must be in writing and signed by all the 11. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective successors, heirs, representatives, and assigns. Notwithstanding the foregoing, no Party to this Agreement may assign their rights or obligations under this Agreement without the written 12. Construction. This Agreement shall be deemed drafted equally by the Parties hereto. The language ofall parts ofthis Agreement shall be construed as a whole according toi its fair meaning, and any presumption or principle that the language herein is to be construed against either Party shall not apply. When required by context, the gender of words in this Agreement includes the masculine, feminine, and neuter genders and the singular includes the plural (and vice-versa). The headings in this Agreement are for convenience only and shall not affect the interpretation ofthis 13. Severability. Should any provision of this Agreement be declared void by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and 14. Authority. The respective signatories to this Agreement represent that they are authorized tosign this Agreement on behalfoftheir respective Party, and that such signatory has received the necessary approval ofits governing body to execute this Agreement on the Party's behalf. 15. Execution. This Agreement may be executed in multiple counterparts, each ofwhich shall constitute an original, and all ofwhich counterparts, when taken together, shall constitute one and the same Agreement. The Parties agree that delivery of a signed counterpart, or the signed  consent of the other Parties.  Agreement.  effect.  5    Agreement or amendment by facsimiled ore electronicmail, shall be deemed the same as the delivery 16. Enforceability. The Parties acknowledge and agree that this Agreement is a written contract stating the essential terms of the Parties' agreement for providing goods and services 17. 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 ofany subsequent default or other matter.  ofan original document.  under SubchapterlofChapter: 271 oft the' Texas Local Government Code.  JOHNSON COUNTY SPECIAL UTILITY DISTRICT  By: Name: Title: Date:  ATTEST:  Name: [SEAL]  CITY OF JOSHUA, TEXAS  By: Name: Title: Date:  ATTEST:  Name: [SEAL]  6    EXHIBITA Property Legal Description)  7    EXHIBITB  (Mockingbird Hills PH 1-JCSUD Approved Water Facilities Layout)  APPROVED PLANS FOR WATER FACILITIES INFASTRUCTRE WILL BE  INSERTED HERE BEFORE SIGNING  8    CONSTRUCTION PLANS  FOR  JOSHUA MEADOWS, PHASE 3C ADDITION  PAVING, DRAINAGE, WATER  & SANITARY SEWER IMPROVEMENTS  CITY OF JOSHUA JOHNSON COUNTY TEXAS  INDEX OF DRAWINGS SHTNO. ITLE C-001 COVER C-002  NOTES PAVINGPLANEF PROFILE- VALLEYV PAVINGP PLANSF PROFILE- VALLEY VIEW DR. 15+00 19+50  CITY OF JOSHUA, TEXAS Mike Peacock City Manager COUNCIL MEMBERS Joe Hollam Mayor Rick DePriest Place1 Mike Kidd Place2 2 Angela Nichols Place 3 Merle Breitenstein Place4 Robert Fleming Place5 Scott Kimble Place6  104501  35+50  PAVING PLAN8 TWIN STA. 4400 DRAINAGEA DRAINAGE AREAI MAP- PROPOSED DRAINAGE STORM STORM STORME OVERALL WATER WATER! OVERALL PLAN- SANITARY SANITARY SEWER SANITARY SANITARYS SANITARY SEWERF SANITARYS SANITARY SEWER AN SANITARY PLAN -LINE BEGIN TOEND  Developer:. Joshua Development Company, LTD 5137 Davis Blvd North Richland Hills, TX 76180 SUBMITTEDBY: NEEL-SCHAFFER TBPE DEREKB. CHEATHAM, PE. DATE  TOSTA 19+00 19+001 TO TOI END STA. 27+00 BEGIN TOEND TOE END PROFILE- BEGIN TOSTA 15+00 19+50 19+501 24+00 33+00 A-STA. 33+001 TOEND LINE BEGIN 4+00 STA 4+00 TOEND  JOSHUAN MEADOWS 3CADDITION PROJECTVICINITYI MAP APPROX N3r27, wsrzz JUNE2 2022  PRELIMINARY FOR REVIEW ONLY DEREKBCHATN PE BVL    JOSHUAI MEADOWS 3C/ ADDITION PRELIMINARY ADEVELOPMENTI IN1 THE CITY OF. JOSHUA,TX FOR REVIEW ONLY CONSTRUCTION PLANS PHASE 3C OVERALLY WATERLAYOUT  NEEL-SCHAFFER 2501 J, SUITE 120 ARLINGTON, TX 76006 (817) 548-0896 MAIN TBPE msischalercon NO. F-2697  IGET  BER Buer2    MATCHLINE STA.1 19-00. SEE SHEETC-302  STA, 15+00- SEE1 THISS SHEET  PHASELINE  BEP"EBEREmEEBE  PHASEL LINE 5  REVISED REVISION PER COMTRACTOR FELO MOTES OPD DATE  JOSHUAI MEADOWS 3CA ADDITION PRELIMINARY ADEVELOPMENTI INT THEC CITYOFJ JOSHUA, TX FORI REVIEW ONLY CONSTRUCTION PLANS PHASE: 3C WATER PLAN LINEA-BEGIN1 TOSTA. 19+00  NEEL-9 2501 AVENUE 120 TX (817)5 MAIN wwynslschaler.son TBPE FIRM NO. F-2697  MR 1S22    MATCHLINES STA. 23+00- SEET THISS SHEET  "ATCHLINE 27400  PER  JOSHUAI MEADOWS 3C ADDITION PRELIMINARY ADEVELOPMENTI INT THE CITY OF JOSHUA, TX FOR REVIEW ONLY CONSTRUCTION PLANS PHASE: 3C WATER PLAN LINEA-STA. 19+001 TOS STA. 27+00  NEEL-SCHAFFER 2501 120 76006 (817)548-0696 neel-schaffer.com MAIN TBPE FIRM NO. F-2697  DENS MDOINS,  PER 084470n2    MATCHLINE STA3 32+00- SEE1 THIS SHEET  5  33H5 3NI HOIVN 00+12"  PER  JOSHUAI MEADOWS: 3C/ ADDITION PRELIMINARY ADEVELOPMENTI INT THEC CITY OFJ JOSHUA, TX FORI REVIEW ONLY CONSTRUCTIONI PLANS PHASE: 3C WATER PLAN LINEA-STA.: 27+00T TOEND  VEEL-SCHAFFER 120 76006 fer. MAIN com TBPE FIRMI NO. F-2697  AND  PEN CASA    BLOCKS  TWINHILLSDR.  CK5  STAGERNS 45 B-2317863.58  TWINHILLSDR.  BEENOTET  JOSHUAI MEADOWS PHASE2A VOL.8, PGS. 881-882 P.R.J.C.T.  BLOCK4  C-304    TWIN HILLSDR.  712  PER PELD MOTES  JOSHUAI MEADOWS 3C ADDITION PRELIMINARY ADEVELOPMENTINT THE CITY OFJ JOSHUA, TX FOR ONLY CONSTRUCTION PLANS PHASE 3C WATER PLAN LINE C-BEGIN" TOEND  NEEL-SCHAFFER 2501 (817)548-0696 MAIN .com TBPE FIRM NO. F-2697  RE  PER Dans222    005-0 133HS  Lor0133HS    MATCHLINE STA.  MATCHLINES STA. 15+00- SEE SHEETC-402  BMAGE 6AS82 m 6S72 1582  AS  PHASELINE  ME--  JOSHUAI MEADOWS 3C ADDITION PRELIMINARY ADEVELOPMENTI INT THE CITY OF. JOSHUA, TX FOR REVIEW ONLY CONSTRUCTION PLANS PHASE 3C SANITARY SEWER PLAN&PROFILE LINE/ A-E BEGIN TOS STA. 15+00  NEEL-SCHAFFER 2501 AVENUE SUITE 120 ARLINGTON, TX 76006 MAIN www. neelschatfer.com TBPE FIRMI NO. F-2697  PENE Bann922    MATCHLINESTA1  MATCHLINE STA. 19+50- SEE SHEET C-402  16413  175 1743  R 80152  ma  MATCHUINESTA  C-402  REVISION  JOSHUAI MEADOWS 3C ADDITION PRELIMINARY ADEVELOPMENTI IN1 THEC CITY OFJ JOSHUA,T TX FORI ONLY CONSTRUCTION PLANS PHASE: 3C SANITARY: SEWERE PLAN&PROFILE LINEA-STA. 15+00 TOSTA. 19+50  NEEL-SCHAFFER 2501 AVENUE SUITE 120 TX 76006 (817) 548-0696 MAIN TBPE FIRM NO. F-2697  PENE B122    MATCHLINESTA: 24400-SEE SHEETC-402  MATCHLINE STA. 24+00- SEE SHEETC-402  BS BA  2A1  sne  70.80  HS  MATCHLINE STA 19+50  402  a  JOSHUAI MEADOWS 3C ADDITION PRELIMINARY ADEVELOPMENTINT THE CITY OF JOSHUA, TX FOR REVIEW ONLY CONSTRUCTION PLANS PHASE 3C SANITARY SEWERI PLAN8 & PROFILE LINE A- STA. 19+501 TOSTA. 24+00  NEEL-SCHAFFER 2501 SUITE 120 ARLINGTON, TX 76006 (817) vww. neel-schaffer. MAIN .com TBPE NO. F-2697  PEN BIEAE    MATCHLINES  SHEETC-402  m  emoe  ms  MATCHLINES STA. 24+00- SHEE 402  JOSHUAI MEADOWS 3CA ADDITION PRELIMINARY ADEVELOPMENTI INT THEC CITY OF. JOSHUA, TX FORI REVIEW ONLY CONSTRUCTION PLANS PHASE 3C SANITARY SEWER PLAN&PROFILE LINEA-STA. 24+001 TOSTA. 28+50  NEEL-SCHAFFER Solutions 2501 AVENUE SUITE 120 ARLINGTON, TX 76006 (817) 548-0696 MAIN TBPE FIRMI NO. F-2697  PE O    MATCHLINE STA. 33+00- SEE SHEET C-402  820  m  TWINH HILLSDR.  877.58 s  MATCHLINE STA. 28+50  MATCHLINES STA2 28+50-SEES SHEETO C-402  8  JOSHUAI MEADOWS 3CA ADDITION PRELIMINARY ADEVELOPMENTINT THE CITY OF, JOSHUA,T TX FORI REVIEW ONLY CONSTRUCTION PLANS PHASE 3C SANITARY SEWER PLAN &F PROFILE LINEA-STA.: 28+501 TOS STA. 33+00  NEEL-SCHAFFER Solutions 76006 (817) www. 548-0696 neel-schaffer.com MAIN TBPE FIRM NO. F-2697  MEATHAM. PR PMR    sce  m  JOSHUAI MEADOWS 3CA ADDITION PRELIMINARY ADEVELOPMENTI INT THEC CITY OF. JOSHUA, TX FORI REVIEW ONLY CONSTRUCTION PLANS PHASE: 3C SANITARY SEWERE PLAN&F PROFILE LINE/ A-STA. 33+001 TOE END  NEEL-SCHAFF ER Solutions 2501 AVENUE J, SUITE 120 ARLINGTON, TX 76006 MAIN neel-schaffer. com TBPE FIRMI NO. F-2697  MR 0417922    VALLEYVIEWDR.  mV  402  STA. 4+00- SEE SHEET C-402  -  JOSHUAI MEADOWS 3C ADDITION PRELIMINARY ADEVELOPMENTI INT THEC CITY OF. JOSHUA, TX FORI REVIEW ONLY CONSTRUCTION PLANS PHASE 3C SANITARY SEWER PLAN&PROFILE LINE B-BEGIN TOSTA. 4+00  NEEL-SCHAFFER 2501 AVENUE SUITE 120 ARLINGTON, TX 76006 MAIN www. nesl-schaffer.com TBPE FIRMI NO. F-2697  PERE Be7i    TWNHILLSDR.  SJCSUD  JOSHUAI MEADOWS PHASE 2A VOL.8,PGS. 881-882 P.R.J.C.T. BLOCK12  PROFILES  UESDRSSCe oss  875  C-408    TWINHILLSCT.  LOT12  BLOCKS  SCALE  PVCOa  870  870  C-409