Res 2015-098/approving a Settlement Agreement by and among Maxwell Water Supply Corporation, the State of Texas (General Land Office), Yarrington Partners, Ltd, Whisper Master Community, L.P., and the City of San Marcos, Texas

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DocuSign Envelope ID: F5C73C42-8DB0-4400-9F23-7lE5885223C0 with as few as four hundred fifty (450) single-family residential units if development standards of the City render it infeasible to develop more. Maxwell represents and warrants it is capable of providing retail water service to the Residential Area sufficient to adequately serve at least five hundred fifty (550) single-family residential units and that the existing Maxwell facilities and improvements adjacent to the Residential Area have sufficient capacity and are in all respects adequate to provide clean, safe and reliable water service to the Residential Area at the levels, volumes and pressures required under the applicable ordinances of the City without any further off-site water improvements or facilities being required. C. For service to the Residential Area, Maxwell agrees that it will only charge the following up -front rates, fees and charges to the Developer, or a subsequent developer or landowner that seeks to develop the Residential Area that apply prior to occupancy of any structure(s) within the Residential Area (the "Up -Front Charges") in amounts equal to or less than the current amount charged by the City for the corresponding service ("Chase Limitation"): i. Installation fee per "LUE" (as the term "LUE" is defined in Maxwell's tariff), sometimes referred to as tap -in fee and/or connection fee, which is based on the actual cost of the connection plus 10%, unless Developer bears such responsibility and cost. ii. Front-end capital contribution fee sometimes referred to as impact fee, capital recovery fee, living unit equivalent fee, currently in the amount of $2285.00/LUE (payable upon plat approval). iii. Membership fee of $100.00/meter (for which there is no equivalent City fee). iv. Permit application or review fee of $50.00/connection. V. Deposit of $50.00/connection. Neither the Charge Limitation nor any other limitation on the amount of rates, fees, and charges shall apply to the future residential customers within the Residential Area. Maxwell may charge the future residential customers within the Residential Area its normal and customary rates, fees, and charges assessed to residential customers in the normal course of its business at the time of such assessment including, by way of example and not in limitation, monthly minimum charges, gallonage charges, membership fees, customer service inspection fees and other monthly user fees. However, Maxwell may not attempt to recover the amount of fee reductions caused by the Charge Limitation in any such residential customer rates, fees and/ or charges. Maxwell acknowledges that the Charge Limitation will result in Up -Front Charges that are lower than Maxwell would otherwise receive from service to the Residential Area, but in return Maxwell will receive the Reimbursement Amount (as defined below) and a minimum amount of $314,609.00 in Up -Front Charges or Compensation, as described below in Section 11. Lf and II.2. Maxwell warrants and represents to all of the other Parties that its agreement to implement the Charge Limitation as provided in Section II. Le below is not prohibited by applicable law. d. Except as provided in this Settlement Agreement and the amendment to Maxwell's tariff as provided in Section II.Le below, Developer shall comply with all applicable provisions of Maxwell's tariff as a condition of receiving service, including by way of example