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SETTLEMENT AGREEMENT <br /> This Settlement Agreement (this "Agreement") is made, entered into, and effective, as of the <br /> day of , 2025 (the "Effective Date") by and between the City of San <br /> Marcos, Texas, a Texas home-rule municipality (the "City"), and Qualico Developments (U.S.), <br /> Inc.,a Delaware corporation("Owner").The City and the Owner are sometimes referred to herein <br /> collectively as the "Parties" or individually as a"Party." The Parties hereby contract, covenant <br /> and agree as follows. <br /> Recitals <br /> Owner is the owner of the real property located in Hays County, Texas (the "County") consisting <br /> of approximately 306.490 acres described in the attached Exhibit "A" (the "Property"). The <br /> Property is located outside of the City's corporate limits and extraterritorial jurisdiction("ETJ"), <br /> having been released from the City's ETJ by approved Release of ETJ (RETJ-23-54), and not <br /> within the ETJ or corporate limits of any other municipality. <br /> Owner, or its successors,plans to develop the Property as a mixed-use development project. <br /> The City holds a Certificate of Convenience and Necessity for water service issued by the Texas <br /> Commission on Environmental Quality (the "TCEQ") or a predecessor agency, reflecting the <br /> City's right to provide retail water service to the area in which the Property is located. <br /> On May 15, 2024, Owner filed a formal complaint(the"Complaint") against the City of San <br /> Marcos regarding its alleged failure to provide water service to the Property. The Complaint <br /> was filed under 16 Texas Administrative Code(TAC)§ 22.242. <br /> It is the intent of the Parties that this Agreement be used to resolve all claims set forth in the <br /> Complaint and to establish the right of Owner to receive water and wastewater service to the <br /> Property from the City. <br /> This Agreement is entered into pursuant to the provisions of the City's Charter and applicable <br /> Texas law including,without limitation, City of San Marcos Ordinance No. 2024-20. <br /> Article I. <br /> Incorporation of Recitals <br /> 1.01. Recitals Incorporated. The above and foregoing recitals are incorporated herein and <br /> made a part of this Agreement for all purposes. <br /> SETTLEMENT AGREEMENT PAGE 1 <br />