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adjusted to reflect the exchange and dedication of land under Section 3.03) is approved in <br />accordance with applicable City of San Marcos ordinances. <br />Section 4.02. Public Improvements Generally. Except as provided in Section 4.03(a), <br />inclusive of all subsections therein, when the Developer or any Future Owner of any portion of the <br />Property plats all or any portion of the Property, the Developer or such Future Owner shall, at its <br />sole cost, install all public improvements and dedicate all public facilities and any associated <br />easements, including offsite easements, required in relation to such plat or plats in accordance with <br />applicable City of San Marcos ordinances standards and engineering specifications in effect at the <br />time of the Effective Date of this Agreement, except for the changes (if any) to such ordinances, <br />standards and specifications that fall within the exemptions listed under Section 245.004 of the <br />Texas Local Government Code. To the extent the City determines that public facilities or <br />infrastructure are required beyond what are necessary to serve an area of the Property being platted <br />or beyond what is roughly proportional for the development of such platted area, the City may <br />request an oversize agreement under Section 3.5.2.11 of the City's Development Code for the <br />City's participation in the costs of oversizing any facilities or infrastructure. <br />Section 4.03 Water and Wastewater Extensions. Upon annexation, the City agrees to <br />provide water supply and wastewater treatment to serve the Property within the City's CCN areas. <br />However, except as otherwise provided in Subsection (a) below, it shall be the sole responsibility <br />of the Developer or any Future Owner, as applicable, to install, at their sole cost, all water or <br />wastewater facilities, including all extensions, and to acquire and dedicate any associated <br />easements in accordance with Section 4.02. <br />a. Water and Wastewater Impact Fee Projects. The City has identified two <br />capital improvements projects subject to the assessment of impact fees for water and <br />7 <br />065611.00495 309237v15 <br />