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landscape buffer setback area shall be maintained free of all, trash, rubbish, debris or other <br />similar nuisances and fire hazards in accordance with this agreement and the requirements <br />ofthe City ofSan Marcos Code ofOrdinances. <br />7. The boundary between the Residential 2 U6Aoneo and southeastern most portion of the <br />"Conservation orOpen Space orProposed Habitat(RHCP) Preserve" as illustrated mmthe <br />Conceptual Land Use Plan and generally located between the existing Fox Ridge/Settlement <br />subdivisions and the Residential 2U64area within the Project, oouthnfPupgatoryCreek.haa <br />been delineated with GIS coordinates as provided on the Conceptual Land Use Plan. <br />1.05 Public Infrastructure Improvements <br />A. The City hereby agrees toallow the extension, improvements of, and connections toCity water <br />and wastewater facilities tm provide service bothe Project uptoamaximum of4.ODQservice units <br />equivalent. Owner anticipates that the Project will require 4.000 service units of vvabor and <br />wastewater from the City, /# the time ofexecution ofthis Agreement, City anticipates that itwill <br />have sufficient water and wastewater capacity toserve the Project. City further acknowledges <br />that its approval of any subdivision plat of property within the Project shall constitute a <br />representation by the City that it has amffiu1ant water and wastewater capacity available to serve <br />the platted lots atthe time of plat approval. <br />B. All water and wastewater infrastructure required to serve the Project shall be designed and built <br />to the City's construction standards and in conformance with all rules, regulations and ordinances <br />related to the construction and extension of water and wastewater utilities in effect at the time of <br />submittal of construction plans and shall be subject to review and inspection by the City prior to <br />acceptance. <br />C. The property owner/developer shall be responsible for the payment of all costs associated with <br />the extension and improvements of infrastructure required to properly serve the development of <br />the Propedy, which costs may befinanced through the PID described in Section 1.05.13 below. <br />Prior to the acquisition of any off-site easements or rights-of-way the proposed utility alignments <br />mho|| be approved by the City. The Owner is responsible for the acquisition of all necessary <br />easements to serve the proposed development. In the event the Owner is unable toacquire an <br />easement through reasonable commercial efforts the Owner may request the assistance of the <br />City. Within 30 days of the receipt ofa written request from the Owner, the City will commence <br />an effort, exercising all powers available to the City as a Home Rule municipality, acquire the <br />necessary easements. The City will direct the work of an acquisition team, acceptable to the City <br />and the Owner, contracted and paid by the Owner, in order to acquire the necessary easements. <br />D. Notwithstanding the fonagoing, nothing herein shall be construed to prohibit the parties and/or <br />adjacent developments or subdivisions from mutually agreeing to cost participate or oversize <br />reimbursement on specifically defined infrastructure in accordance with applicable City and State <br />� <br />requirements for such participation or reimbursement. <br />E. To ensure a high quality, attractive development, where feasible, all utility infrastructure, including <br />but nc�t limited to water, wastewater and electrical infrastructure, for the Project shall be placed <br />undeqJnnund. All utility appurtenances that are required to be above ground may be placed <br />above ground as necessary to serve the development of the Property. All extensions shall be <br />made |napublic utility easement orpublic right-of-vay(ROW). <br />F. The Owner hereby requests and supports the City expanding its water and wastewater <br />Certificate of Convenience and Necessity areas as necessary to serve the development of the <br />Project. <br />G. The City hereby acknowledges that the County authorized the creation of a Public Improvement <br />District ("PID") on the Existing Property (the"ExiofinQ PID") on September 23, 2014, purouant�to <br />m County Resolution adopted obrmuentto Chapter 372 of the Local Government Code (the <br />"Existing P|0 Resolution"). ' <br />H. The City hereby recognizes and acknowledges thatoweroizlng of infrastructure improvements <br />may be necessary to accommodate future growth and development of adjacent properties. In <br />the event that oversizing is determined to be appropriate, the City shall enter into an agreement <br />with the Owner |maccordance with Section 7.1.3.1 ofthe Land Development Code. <br />!. The City and the County are willing to consider Chapter 38O and Chapter 381 economic <br />development incentive agreements for the commercial portions of the Project. The temna. <br />10 <br />269635 1.1 <br />