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to approve any surveys and replats prepared by the surveyors.Upon mutual approval of the surveys <br /> and proposed replats, the City will submit the proposed replat for approval by the City' Planning <br /> and Zoning Commission. If the application for approval is subject to a filing fee,the costs for such <br /> fee will be shared equally between the Parties and Texas State shall pay its share to the City before <br /> the application is filed. Each Party shall be entitled to keep copies of any surveys and replats <br /> prepared by the surveyors. <br /> 2.03. No Building Buffer. The replat shall provide for a 30-foot-wide buffer along the <br /> southern boundary of Tract A, as shown in Exhibit A providing that no buildings shall be <br /> constructed within such buffer area. <br /> 2.04. Cooperation on Future Safety Solutions. The City and University agree that eliminating <br /> the now-abandoned Loquat Street curb cut on Sessom and providing access to University-owned land in <br /> the area utilizing the existing red light at the intersection of Sessom and Comanche would enhance vehicular <br /> and pedestrian safety. The Parties will work together to evaluate potential solutions in accordance with the <br /> City's design criteria for the Sessom and Comanche intersection. <br /> III. Exchange of Property Interests <br /> 3.01. Agreement to Convey City Interests. After completion and mutual acceptance of <br /> the replat, the City agrees to convey its property interests, as shown in Exhibit A, to Texas State, <br /> subject to the terms and conditions of this Agreement and approval by the San Marcos City <br /> Council. If the City Council fails to approve all conveyances as contemplated by this Agreement, <br /> Texas State may terminate this Agreement. <br /> 3.02. Agreement to Convey Texas State Interests. After completion and mutual <br /> acceptance of the replat, Texas State agrees to convey its property interests, as shown in Exhibit <br /> A, to the City, subject to the terms and conditions of this Agreement and approval by the Board of <br /> Regents for The Texas State University System. If the Board of Regents fails to approve all <br /> conveyances as contemplated by this Agreement, the City may terminate this Agreement. <br /> 3.03. Mutual Exchange. The exchange and conveyance of property interests <br /> contemplated by this Agreement shall occur at a simultaneous closing on a date agreed to by the <br /> Parties. The forms of instrument used to convey each Party's respective property interests shall be <br /> subject to mutual approval of the legal counsel for each Party and such other authorized <br /> representative of each party. The validity of any conveyances by a Party is subject to the concurrent <br /> conveyances of the other Party as set out in this Agreement. <br /> 3.04. City Utility Facilities. <br /> a. The City will not begin any work on its utilities before this Agreement <br /> becomes effective and a proposed schedule of work concerning City utilities is mutually <br /> approved in writing by the Parties. <br /> b. All work related to City utilities shown in Exhibit B shall be completed by <br /> the City within two years from the date said proposed schedule of work is mutually <br /> approved in writing by the Parties. <br /> C. Where indicated in Exhibit B, the City shall abandon its utility facilities, <br /> provided such abandonment need not occur until any substitute or replacement facilities, if <br />