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<br />-2- <br /> <br />Options No.1, No.2, and No.3 are subject to the following rules <br />and procedures: <br /> <br />1. Developer must notify the City in writing on or before twelve <br />o'clock noon, May 1,1989 of his choice of one or any combination of <br />options. Said Notice shall be considered as properly given if mailed <br />by certified, return receipt requested mail, postage prepaid and <br />addressed as follows: <br /> <br />TO: CITY OF SAN MARCOS <br />Larry D. Gilley, City Manager <br />630 E. Hopkins <br />San Marcos, texas 78666 <br /> <br />The failure of the Developer to properly notify the City of his choice <br />of option(s) will result in Developer remaining in his current status <br />(Option 4). <br /> <br />2. Developer may choose a combination of options <br />reservation may be committed to more than one option. <br /> <br />but <br /> <br />no <br /> <br />single <br /> <br />3. If Option No.1, No.2, or No.3, or any combination which includes <br />them, is chosen a new letter of agreement must be entered into to <br />replace the 1984 Letter of Invitation, Understanding and Agreement. A <br />form of this letter of agreement will be made available to interested <br />Developers upon request. <br /> <br />4. The time limit for use of the reservations shall begin to run on <br />July 1, 1989, if the new letter of agreement is executed by that date. <br />r f the new letter of agreement is not executed by July 1, 1989, the <br />Owner of such reservations will continue to operate under the existing <br />agreement. <br /> <br />5. A reservation will be considered "used" for the purposes of the new <br />agreement upon any ini tial payment made by Developer of appl icable <br />capital recovery fees for an L.U.E. <br /> <br />6. Developers holding Package Plant Reservations may sell them at no <br />more than the or ig inal cost of $500 per L. U. E. Proof of sale in the <br />form of a wri tten agreement or contract stipulating the number of <br />L.U.E.s and value of sale will be required before City will record the <br />transfer at the Department of Public Works. A recording fee of $10.Ø0 <br />will be charged the seller of the reservations transferred for each <br />separate transaction. <br /> <br />The City assumes no liability for any damages or losses incurred by any <br />party for failure to maintain records pertaining to the transfer of <br />package plant reservations from one party to another. <br /> <br />7. Package Plant Reservations may be used on any property served by <br />the City at the time Developer applies for a Building or plumbing <br />permit. <br />