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10. The City and the Developer may enter into an Oversize Participation Agreement under which the <br />City will agree to fund the costs of additional lanes for public roadways as illustrated in the <br />attached exhibits. <br />11. No PID bond funds are permitted to be used to construct water line improvements within that <br />portion of the Project not located with the City of San Marcos Water CCN. <br />12. Should the portions of the Project that are not currently located within the City's Water CCN <br />hereafter be relocated into the City's Water CCN, the Developer will have the right to request <br />reimbursement through PID bond issues for the water line improvements as long as the amounts <br />requested do not result in total maximum construction costs exceeding the amount described in <br />Financing Criteria #3 and the total amount of all Bond issues does not exceed the amount <br />described in Financing Criteria #1. <br />13. Each PID Bond Indenture will contain language precluding the City from making any debt service <br />payments for the PID Bonds other than from available special assessment revenues. <br />14. The PID will be responsible for payment of all of the City's reasonable and customary costs and <br />expenses including, but not limited to, administration, collection services and legal representation <br />as necessary. <br />15. The Developer consents to annexation of the portion of the Project currently located within the <br />extraterritorial jurisdiction of the City. The Developer will submit a zoning change request to the <br />City for the annexed portion of the Property consistent with the zoning classifications shown on <br />the Concept Plan attached as Exhibit B, in compliance with Term #16 below. The Annexation of <br />and approval of zoning for such portion shall be completed prior to the issuance of any PID bonds. <br />16. The Developer will submit a zoning request to the City for all or portions of the Project, as desired <br />by Developer; provided that, such zoning request shall be consistent with the zoning <br />classifications shown on the Concept Plan attached as Exhibit B. The City acknowledges that the <br />location and configuration of the Parcels shown on the Concept Plan are preliminary and <br />approximate and changes, subject to approval of the city may be made by the Developer. <br />17. The PID may be exempt from any public bidding or other purchasing and procurement policies <br />per Texas Local Government Code Section 252.022(a) (9) which states that a project is exempt <br />from such policies if "paving, drainage, street widening, and other improvements, or related <br />matters, if at least one -third of the cost is to be paid by or through special assessments levied on <br />property that will benefit from the improvements." <br />18. The Improvements to be funded by the PID are limited to those defined as Authorized <br />Improvements under Texas Local Government Code Section 372.003 as agreed upon by the City <br />and as referenced in the attached exhibits. <br />19. No additional security or surety, beyond the land and any Improvements on the land, will be <br />provided by the Developer, or its assignees, for the PID Bonds. <br />20. The PID will automatically dissolve if no PID Bonds are issued within a period of five (5) years <br />from the date of the formation of the PID by the San Marcos City Council. <br />