Res 2001-220 - Laserfiche WebLink

Home Browse Search

completed and ready for use by the Occupancy Date, then the Developer will continue with the completion of the Utility Improvements, and will also make provision for the construction of a retrofit of the existing wastewater lift station located at Bobcat Stadium and Aquarena Springs Drive and/or a temporary wastewater pumping service, sufficient to handle the wastewater needs of the apartments at the Development, at the Developer's sole expense. Any retrofit of the lift station will be subject to the review and approval of the City. Upon completion of an approved retrofit and acceptance by the City, the City will be responsible for all costs, fees, and assessments associated with the lift station, including those related to regulatory compliance. 7. The Developer agrees to dedicate all easements within the Development, and within any other property owned by Southwest Texas State University, that are necessary for the Utility Improvements or the IS" wastewater line relocation, at no cost to the City. 8. The Developer agrees to make all of the Developer's books and records related to the Utility Improvements available to the City for inspection and copying at the Developer's offices during business hours. 9. This Agreement and the provision of utility services through the Utility Improvements are subject to all valid and applicable ordinances, rules, regulations, and laws of all governmental agencies having lawful jurisdiction over them. 10. This Agreement constitutes the entire agreement between the parties hereto and may be amended only by a written document signed by the parties. This Agreement shall be binding upon the successors and assigns of the parties. The assignnIent of all or part of this Agreement by a party is not valid without the written consent of the other party. 11. Each of the persons executing this Agreement represents that he or she has full power and authority to execute this Agreement on behalf of the party that person represents. 12. Notices required by this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: City Manager City of San Marcos 630 E. Hopkins San Marcos, TX 78666 Fax: 512/396-4656 To the Developer: Kent T. Campbell, Vice President Capstone Development Corp. 431 Office Park Drive Birmingham, AL 35223 Fax: 205/414-6405 4