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Res 1986-055
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Res 1986-055
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Last modified
8/27/2007 1:10:30 PM
Creation date
8/27/2007 1:10:30 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1986-55
Date
5/12/1986
Volume Book
79
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<br /> EXHIBIT G <br /> LIVING UNIT EQUIVALENT CREDIT AGREEMENT <br /> <br /> THIS AGREEMENT ("LUE Credit Agreement") is made by and between THE CITY OF <br /> SAN MARCOS (the "City"), GUY SHOWN COMPANY, a Texas Corporation C'GSCOIt), and <br /> RAKOR, INC., a Texas corporation ("Rakor"), <br /> WIT N E SSE T H : <br /> WHEREAS, GSCO and Rakor are the owners of certain real property (the <br /> "Property") in San Marcos, Hays County, Texas more particularly described in <br /> the Plat (as hereinafter defined); and <br /> WHEREAS, the City has given final approval to a plat (the "Plat") of the <br /> Property dated December 26, 1985, platting the Property into Lots 1 and 2, <br /> Interpark East Section 4, a copy of the Plat being attached hereto; and <br /> WHEREAS, the Plat provides for the construction of a sewer lift station <br /> and force main to facilitate the provision of sanitary sewer service to the <br /> Property; and <br /> WHEREAS, the City desires that GSCO and Rakor forego the construction of <br /> such sewer lift station and force main and instead participate in the <br /> construction of a new. Sanitary Sewer Interceptor pursuant to that certain <br /> Agreement dated A~~~A~l!C~986, to which this LUE Credit Agreement has been <br /> attached as Exhibit G; and <br /> WHEREAS, the cost to GSCO and Rakor of constructing the Sanitary Sewer <br /> Interceptor pursuant to the Agreement is greater than the cost of constructing <br /> the aforesaid sewer lift station and force main, but GSCO and Rakor have agreed <br /> to participate in the construction of such Sanitary Sewer Interceptor in <br /> consideration of the covenants and agreements of the City contained herein. <br /> NOW, THEREFORE, for and in consideration of the promises herein cantBin~d <br /> and other good and valuable consideration, the receipt and sufficiency of which <br /> is hereby acknowledged, the undersigned agree as follows: <br /> 1. In consideration of the execution by Rakor of the Agreement and its <br /> participation therein, the City agrees that it shall apply as a credit toward <br /> the payment of Sanitary Sewer Living Unit Equivalent Fees (hereinafter referred <br /> to as "LUE Fees") payable in connection with sanitary sewer service provided to <br /> the Property, the total amount by which the cost of construction of the Project <br /> contemplated in the Agreement to be borne by Rakor under the Agreement exceeds <br /> $25,000.00. By way of illustration, in the event the cost of construction of <br /> the Project borne by Rakor under the Agreement is $35,000,00, GSCO and Rakor <br /> will be credited with $10,000.00 toward the payment of LUE Fees in connection <br /> with sewer service provided to the Property. In such event, GSCO and Rakor <br /> will be entitled to a total of 11.11 Sanitary Sewer LUEs free of charge (the <br /> fee for one Sanitary Sewer LUE being $900.00). <br /> 2. The City shall allocate to either and/or both of GSCO and Rakor, as <br /> they among themselves determine, all or part of the Sanitary Sewer LUEs to <br /> which they are entitled at any time or times upon written request therefore by <br /> GSCO and Rakor made at any time after the completion of construction of the <br /> 16 <br /> 15/1026/3 <br />
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