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SETTLEMENT AGREEMENT <br /> This Settlement Agreement (the "Agreement") is entered to resolve issues regarding <br /> approximately 120.73 acres of land out ofthe Thomas Yates league,abstract-313 (the"Property"). <br /> The parties to this Agreement are the City of San Marcos, Texas ("City"), Walton Texas, LP <br /> ("Walton"),and David Tuckfield,attorney at law("Tuckfield"). The City and Walton collectively <br /> are referred to herein as"Parties." <br /> RECITALS <br /> WHEREAS, Walton filed a Petition to Amend the City's Sewer Certificate of Convenience and <br /> Necessity ("CCN") No. 20116 in Caldwell County by Streamlined Expedited Release <br /> ("Petition")pursuant to Texas Water Code("TWC") §13.2541 and 16 TAC §24.245(h); <br /> WHEREAS,Walton's Petition was assigned Docket No. 56371 by the Public Utility Commission <br /> of Texas("PUC"); <br /> WHEREAS, Walton and the City desire to resolve these and other issues amicably and without <br /> the need for litigation or unnecessary administrative processes; <br /> WHEREAS,Walton has deposited$50,000.00 in the IOLTA account of the Law Offices of David <br /> J.Tuckfield to be held in trust by David Tuckfield for payment to the City in accordance <br /> with this Agreement; <br /> NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, <br /> the benefits to be received by the Parties, and other good and valuable consideration,the <br /> receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: <br /> AGREEMENT <br /> I. WALTON'S AND TUCKFIELD'S OBLIGATIONS <br /> 1.01 Within 5 business days of the Approval Date,defined below,David Tuckfield will pay the <br /> City $50,000.00("Payment Amount")that is currently being held in trust. This payment <br /> is consideration for the Settlement provisions set-forth in Section 4 of this Agreement and <br /> includes the compensation specified in Section 2.02 for the compensation in Docket No. <br /> 56371. Payment will be made by check payable to the City of San Marcos and send that <br /> check to the following address: City of San Marcos,Attn: City Attorney, 630 E Hopkins, <br /> San Marcos,TX 78666. <br /> 1.02 Walton understands and agrees that the City is under no obligation to serve the land <br /> described in this Agreement that is sought to be decertified with sewer service. <br /> 1.03 Except for the initial filing specified in paragraph 2.01 of this Agreement,the attorneys for <br /> Walton will draft documents needed for filing with the PUC and will obtain approval from <br />