Res 1989-145 - Laserfiche WebLink

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I. UPGRADING OF WATER DISTRIBUTION FACILITIES MEI, the Association and the Members agree to construct and install entirely at their own cost and expense upgraded water ~ facilities for purposes of providing fire protection that meet the ~ requirements of Section F of the Subdivision Ordinance of the City "C of San Marcos, upon the occurrence of the later of ( I) the annexation by the City of the property included within the Subdivision and, (2) the City making available to the Subdivision ~ at its perimeter, water service with sufficient capacity to ~ operate such upgraded facilities. Construction of these CìiC facilities shall commence within sixty (60) days, and shall be fully completed within six (6) months, of the later event described above. II. CORRECTION OF INTERSECTION ALIGNMENT DEFICIENCY MEI, the Association and the Members agree to reserve on the plat of the Subdivision necessary right-of-way and to construct, entirely at their own cost and expense, all roadway, drainage, and utility improvements for realignment of the intersection of Mountain High Drive with McCarty Lane in accordance with applicable City construction design standards, upon the occurrence of the award of bid by the Texas Department of Highways and Public Transportation for the construction of The San Marcos Loop Highway (FM 110). These construction activities shall be fully completed not later than the completion of the adjacent segment of FM 110; provided, that the City may grant an extension of these deadlines in connection with construction activities on McCarty Lane. Provided, further, that if the development of 75 of the lots within the subdivision occurs prior to the bid award by the Highway Department described above, then ME I, the Association and the Members shall thereupon commence construction of the intersection realignment within sixty (60) days, and fully complete the construction within six (6) months, of completion of this level of development of the lots. III. CITY'S ENFORCEMENT AUTHORITY The City, upon the failure by MEI, the Association and the Members to promptly commence and complete the water facility and roadway improvements within the time frames described above, shall be entitled to construct and/or complete the improvements at its own cost, and to assess the cost as a lien against each lot in the Subdivision, in pro rata proportion to the size of each lot as a portion of the combined area of all the lots in the subdivision. MEI, the Association and the Members expressly acknowledge that this lien may be enforced against all or any part of the property within the Subdivision. In addition, the City shall be authorized -2-