Res 2025-043 approving an amended development agreement (Riverbend Ranch / Baugh Ranch / Riley’s Point) with HK Baugh Ranch, LLC, HK Riley’s Point, LLC, HK Real Estate Development, LLC, and Jack’s Reservs

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days of receipt of the invoice. In the event, the City is required to obtain approval from the PUC to serve the River Bend tract, or portion thereof, after such release or decertification from the CCSUD CCN, and the City is ordered by the PUC to make a payment to CCSUD CCN in obtaining such approval from the PUC,the Developer agrees to pay such CCN release costs. The Parties acknowledge and agree that any lawsuit filed by CCSUD shall not hinder or delay the City from providing water service to River Bend. (ii) HK COVENANTS AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, LOSSES, EXPENSES, FEES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE BROUGHT BY CRYSTAL CLEAR SPECIAL UTILITY DISTRICT RELATING TO THE RELEASE OR DECERTIFICATION OF ANY PORTION OF THE PROPERTY FROM CRYSTAL CLEAR SPECIAL UTILITY DISTRICT'S CCN AND THE CITY'S PROVISION OF WATER SERVICE TO ANY PORTION OF THE PROPERTY RELEASED OR DECERTIFIED FROM CRYSTAL CLEAR SPECIAL UTILITY DISTRICT'S CCN, PURSUANT TO THIS AGREEMENT, ALL WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. (b) The City will provide wastewater service to the Property in accordance with the Utility Agreements. The City confirms that the City's existing wastewater treatment plant facilities have sufficient capacity to serve the Property at full build- out. Each phase of the wastewater facilities constructed by or on behalf of the Districts, to serve the Districts, shall be conveyed upon completion to the City for ownership, operation, and maintenance and become a part of the City's wastewater system in accordance with the Utility Agreements. Users of wastewater service within the Property will be customers of the City. Rates and charges for such customers shall be equal and uniform to those charged to other similar classifications of users receiving wastewater service that are not located within the City. (c) The City agrees to,upon request from the District, issue a letter of assurance to the owner of the platted property within the District confirming water and wastewater availability for the platted property. (d) Subject to the terms of this Agreement, the City will assess wastewater impact fees in the amount of $2,684 per LUE, as provided in Ordinance No. 2018-09, or the 13