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<br />33 <br /> <br />STATE OF TEXAS <br /> <br />AGREEMENT REGARDING WASTEWATER <br />IMPROVEMENTS <br /> <br />COUNTY OF HAYS <br /> <br />KNOW ALL PERSONS BY THESE PRESENTS: <br /> <br />That this Agreement is made and entered into on this <br /> <br />12 <br /> <br />day of <br /> <br />May <br /> <br />, 1987, by and between the City of <br /> <br />San Marcos, a municipal corporation organized under the laws <br /> <br />of the State of Texas (hereinafter referred to as "City") and <br /> <br />San Marcos North Joint Venture, of Travis County, <br /> <br />(hereinafter referred to as "Owners"), the owners of real <br /> <br />property and considerations hereinafter described: <br /> <br />Whereas, the City has developed a plan for its <br /> <br />wastewater system which effects the Owners' parcel of land; <br /> <br />Whereas, Owners desire the City to modify said <br /> <br />wastewater plan to benefit the subject parcel; <br /> <br />Now, therefore, the City and Owners, in consideration of <br /> <br />the mutual promises, covenants and agreements set forth <br /> <br />herein expressly agree and contract as follows: <br /> <br />1. <br /> <br />City agrees to modify its wastewater system project <br /> <br />to facilitate service for that parcel of land which is the <br /> <br />subject of the easement re£erred to in Paragraph 3. <br /> <br />The City <br /> <br />reserves the right to design said system in any manner it <br /> <br />deems best. <br /> <br />Owners understand service to the property will <br /> <br />require the installation of a lift station or lift stations <br /> <br />by Owners. at Owners' expense in the construction of its <br /> <br />water and wastewater service. <br /> <br />2. <br /> <br />City hereby assigns line capacity to Owners for use <br /> <br />at the subject parcel equal to one thousand (1000) Living <br /> <br />Unit Equivalents (LUE's) of water and wastewater. <br /> <br />Such <br /> <br />assignment shall continue for five (5) years <br /> <br />from <br /> <br />the <br /> <br />date <br />