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Res 2003-137
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Res 2003-137
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Last modified
10/25/2004 3:23:36 PM
Creation date
2/17/2004 10:23:27 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-137
Date
8/25/2003
Volume Book
153
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<br />certified mail, return receipt requested, or by confirmed facsimile transmission, to the following <br />addresses: <br /> <br />To the City: City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br />Fax: 512/396-4656 <br /> <br />To Agua Tierra: Bill Hale (required) <br />P. O. Box 341299 <br />Austin, Texas 78734 <br />Fax: (512) 402-1910; and <br /> <br />R. Alan Haywood (courtesy copy) <br />Graves, Dougherty, Hearon & Moody <br />515 Congress Avenue, Suite 2300 <br />Austin, Texas 78701 <br />Fax: (512) 482-8401 <br /> <br />If a Party changes its address or facsimile number for notice purposes, it will provide written notice of <br />the new address to the other Parties within 10 days of the change. <br /> <br />17. Venue; Governing Law. This Agreement shall be construed and enforced according to the <br />laws of the State of Texas; and exclusive venue for any legal action arising under this Agreement shall <br />lie in Hays County, Texas. <br /> <br />18. Additional Parties. It is agreed that at any time prior to the execution by Agua Tierra of the <br />construction contract for the Post Road Project, the owner ofland that may be served by the Post Road <br />Project may request to become a Party to this Agreement. In the event of such request, on and subject <br />to the terms and provisions of this Paragraph 18, the Parties agree to consider amending this Agreement <br />to include such owner as a Party to this Agreement. In addition to such other provisions as the Parties <br />and such owner may agree, the amendment may provide for a reservation of water service units for such <br />owner from the Post Road Project for such owner's property consistent with Paragraph 7 above, subject <br />to (a) such owner agreeing to be bound by the provisions of this Agreement, including without <br />limitation such owner agreeing to be responsible for its prorata share of the costs of the Post Road <br />Project (such prorata share being a percentage, the numerator of which is the number of water service <br />units reserved for such owner's property and the denominator of which is the total number of water <br />service units reserved for the Bennett property and such owner's property); and (b) such owner paying <br />to Agua Tierra, or an escrow agent mutually agreed to by Agua Tierra and such owner, such owner's <br />prorata share of the estimated costs of the Post Road Project. Upon approval and execution of such an <br />amendment, such owner shall be entitled to receive its prorata share of the Impact Fee Increment as and <br />when paid pursuant to the terms of Paragraph 9. <br /> <br />7 <br />
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