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<br />THE STATE OF TEXAS
<br />
<br />COUNTY OF flAYS
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<br />THIS AGREEMENT is made by and between Paul J. Rogers of
<br />Hays County, Texas, herein called "First Party", and the City of San
<br />Marcos, a Municipal Corporation in Hays County, Texas, herein called
<br />"City".
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<br />First Party is the owner of certain real property situated
<br />in Hays County, Texas, partly within and partly without the corporate
<br />limits of the City of San Marcos, said property consisting of por-
<br />tions of those subdivisions known as Spring Lake Hills, and other
<br />properties and lands in the same vicinity. Portions of the properties
<br />of First Party have recently been brought into and made a part of City.
<br />
<br />First Party desires that portions of his said property be
<br />more adequately served with water and sewer utilities, to the end that
<br />he may be enabled to further develop and subdivide his properties and
<br />place same on the market for sale at a profit. City, in the discharge
<br />of its municipal functions, also desires that the populated areas of
<br />First Party's properties be better served with water and sewer utilities.
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<br />City and First Party have made a survey of the present need
<br />for extended water and sewer utilities, and have agreed, and here agree,
<br />that in order to make the extensions presently desired at said pro-
<br />perties, it will be necessary that approximately 5580 feet of 6 inch
<br />water line, and approximately 2540 feet of 6 inch sewer line, be
<br />installed at said properties; that the approximate cost of said installa-
<br />tions, including labor, materials, equipment, fire hydrants, engineering,
<br />supervision, and manholes, will amount to approximately Thirty Five
<br />Thousand Fifty Five & No/IOO Dollars ($35,055.00).
<br />
<br />Under present conditions neither First Party nor City is in
<br />position to expend said sum of money for said purposes, but each party
<br />is desirous of having said work done at the earliest possible time.
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<br />Therefore, it is agreed by and between the parties as
<br />
<br />follows I
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<br />1. City will undertake to do the above work, commencing
<br />same on or about July 21, 1958.
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<br />2. The water lines, sewer lines, manholes, fire hydrants and
<br />other facilities will be installed at locations shown on the attached
<br />map or plat.
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<br />3. First Party agrees to pay one-half of the cost of said
<br />work, and, subject to the other provisions hereof, City agrees to pay
<br />the other one-half of the cost of said work.
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<br />4. Prior to commencement of the work here contemplated,
<br />First Party agrees to furnish evidence satisfactory to B. R. Fuller, City
<br />Manager of City, to the effect that the sums of money which First Party
<br />will be liable for hereunder will be available as and when required to
<br />be paid hereunder.
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<br />5. City shall maintain records of the cost of the work to be
<br />performed hereunder, and First Party shall have the right to inspect
<br />such records. The cost of the work will include, among other things,
<br />the cost of material and supplies purchased, contract work, and equip-
<br />ment hire; labor and equipment furnished by City shall be charged to
<br />the cost of the work at the rates shown on the attached sheet, marked
<br />Exhibit A; the cost of the work shall include, in addition to all other
<br />costs, an amount of money equal to seven and one-half (7t) per cent of
<br />the labor furnished by City, to cover insurance and social security;
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