Res 2025-008 approving a settlement agreement with Qualico Developments (U.S.), Inc., and an associated out-of-city utility extension request (OCU-25-01), enabling the City to provide water and wastewater service

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Article IV. Deveiopment of the Property 4.01. Applicable Rules. The Parties acknowledge that the City will service the Project with water and wastewater and will require water and wastewater infrastructure to be built in accordance with City rules, including, but not limited to,those "Applicable Rules" identified below,which shall be applied in the City's review and approval of construction plans for the infrastructure: City of San Marcos Water Design Criteria Manual City of San Marcos Wastewater Design Guide i 4.02. Design and Construction. Owner will finance(if applicable),design,construct and install all required on-site and off-site water and wastewater facilities,streets,drainage facilities and other amenities and improvements required to develop the Property and to serve the Property (collectively the "Subdivision Improvements") at Owner's sole cost and expense. Owner shall design and construct and install the Subdivision Improvements in compliance with this Agreement, the Applicable Rules, the plans and specifications approved by the City, and good engineering practices. 4.03. Other Agreements Regarding Utility Service. Owner and the City anticipate that there may be additional agreements entered into between the Parties that specifically address the terms and conditions under which water and wastewater service is provided to the Property including, without limitation, the Regional Wastewater Services and Facilities Cost Sharing Agreement and one or more non-standard service agreements. The Parties agree that, if such agreements are entered into by the Parties,the provisions of such agreements will control in the event of a conflict with this Agreement. 4.04. Owner Assignment of Agreement. Owner's rights and obligations under this Agreement may be assigned in whole or in part by Owner to one (1) or more purchasers of all or part of the Property or to the District; provided, the City must be notified of any assignment of rights or obligations under this Agreement within thirty (30)days after the effective date of the assignment. 4.05. Recording. This Agreement shall be recorded by the Owner in the Official Public Records of Hays County, Texas within sixty (60) days after the Effective Date. If Owner fails to record this Agreement within sixty (60) days after the Effective Date, such failure shall be a default by Owner. 4.06. Not Binding on End Users. Except for the provisions of Section 3.03, this Agreement is not binding on, and does not create any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the Property. SETTLEMENT AGREEMENT PAGE 3