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<br />the easement referred to in paraJraph 3 is granted to the <br /> <br />City. <br /> <br />After said five-year period expires, the line capacity <br /> <br />assigned to Owners may be reassigned to any party on a <br /> <br />first-come-first-serve basis if after a 30-day written notice <br /> <br />Owners do not purchase LUE's for a project at the subject <br /> <br />site. <br /> <br />If Owners do purchase LUE's in an amount less than one <br /> <br />thousand (1000) within the five-year period, the LUE's not <br /> <br />purchased may be reassigned by the City in its discretion. <br /> <br />The assigned line capacity does not waive any requirements <br /> <br />for payment of Capital Recovery Fees associated with <br /> <br />connection to the City's water and wastewater systems. <br /> <br />3. <br /> <br />Owners agree to execute a public utility easement, <br /> <br />a copy of which is attached hereto as Exhibit A and <br /> <br />incorporated by reference herein. <br /> <br />Said easement shall be <br /> <br />conveyed when this agreement is executed by Owners. <br /> <br />4. <br /> <br />As consideration for construction modification <br /> <br />necessary to serve the subject property, Owners agree to pay <br /> <br />ten thousand dollars ($10,000.00) to the City of San Marcos <br /> <br />within thirty (30) days of issuance of the first building <br /> <br />permit for a multi-family project on the subject parcel, but <br /> <br />in any event, said payment shall be prior to the issuance of <br /> <br />the first certificate of occupancy for a multi-family <br /> <br />residence on the subject parcel. <br /> <br />5. <br /> <br />Owners acknowledge that said $10,000.00 obligation <br /> <br />shall be referenced on the subdivision plat of said parcel. <br /> <br />6. <br /> <br />Owners agree to execute concurrently with the <br /> <br />execution of this document å promissory note in the said sum <br /> <br />of $10,000.00 in accordance with the aforementioned <br /> <br />provisions. <br /> <br />EXECUTED IN DUPLICATE ORIGINALS as of the date stated <br /> <br />hereinabove. <br />