Res 2007-200 - Laserfiche WebLink

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water meter and extend a 2" (min) water line to connect to Myers existing water system. In addition, the City will install a 6" fire line, within Mockingbird Park, with fire hydrants at spacing necessitated by the City, Because of the elevation differences in the area, the capacity of the existing water system, and the length of the water line extension, the City makes no guarantees or assurances as to the water pressure or volume on the fire line. 6. The water infrastructure work will be completed by June 4, 2008. The existing water well and system will not be disconnected until the City's infrastructure work is completed. If the above mcntioned wol"'.-: is not completed by June 4, 2008, the City will pay Myers $5,000.00 per month to operate the Myers water system until the water system is connected to the City water system. 7. Prior to commencing the proposed water improvements, but no later than December 31,2007, Myers will dedicate an exclusive, 20-foot water, wastewater, and electrical easement along the Wonder World Drive Extension right-of-way to the City of San Marcos as shown in Exhibit C. The City of San Marcos will bear the expense jor surveying and any costs associated with recording the instruments conveying title to the City of San Marcos. If environmental regulations prohibit the use of this route, Myers and the City will work together to find an alternative route for the water line. 8. Prior to the completion of the proposed water improvements, the City shall grant Myers, or his representatives, access to the right of way in order to operate, maintain, :>ervice. or repair the existing water well and water system to provide service to the resident~ of the mobile home park or for any reason necessary to continue that service. 9. Upon completion of the proposed water improvements and connection to the City water system, no cross-connection, of any manner, between the Myers water supply and the City's water supply will be permitted. 10. The City shall repiace the vehicular access which was acquired b} this right of way purchase and located at the back portion of the property as shown in Exhibit C. The City will assume all permitting, permanent drainage requirements, and fees/costs that may be necessitated by this construction, The replaced vehicular drive will be relocated and constructed as an all-weather drive and accommodate a minimum 18' width by 80' length mobile home. The existing pipe security gate will be relocated to the new drive Any culvert :mprovements will include concrete headwalls. 11. To the extent allowed by applicable law, the City will indemnify & hold harmless the Myers for any costs or obligations that mig.ht occur as a result of the construction outlined in this contract. 12. Myers warrants that they have carefully reviewed this Agreement and the proposed Special Warranty Deed and that Myers has had the opportunity to have these documents reviewed by counsel oftheir choice, Myers further warrant that they fully understand the terms of this agreement. Upon signing of this agreement and approval by the City Council, the City will insure that closing on MYERS MEMORANDUM OF AGREEMENT p. 2 of 3