Res 1989-146 - Laserfiche WebLink

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174 Exhibit A WATER FACILITIES AGREEMENT STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HAYS § This Agreement is made and entered into by the City of San Marcos, Texas, a municipal corporation ("City") and The Prime Group, Inc., an Illinois corporation ("Prime"). RECITALS WHEREAS, Prime has submitted to the City for approval a subdivision of certain tracts of land (the "Subdivision") more particularly described in Schedule 1 hereto and partially within the extraterritorial jurisdiction of the City; and WHEREAS, applicable ordinances of the City pertaining to subdivision development require the construction of water distribution facilities conforming to City construction design standards and adequate for fire protection purposes; and WHEREAS, Prime has requested approval of the City for filing the plat of the Subdivision in advance of construction and completion of the required water distribution facilities throughout the Subdivision; and WHEREAS, the Planning Commission of the City has given its approval to this request by Prime, subject to Prime executing an agreement with the City ensuring that any construction of water distribution facilities will be completed in conformance with the water service and fire protection requirements of the City. NOW, THEREFORE, in consideration of the foregoing premises, and the mutual covenants contained herein, the City and Prime agree as follows: I. CITY'S AGREEMENT The City agrees to approve and authorize the recording of the plat of the Subdivision, in the form approved by the Planning Commission of the City. II. PRIME'S AGREEMENTS a. Prime agrees that any water mains, service pipes, connections and hydrants constructed throughout the Subdivision will be constructed in accordance with the design standards of the city. If undertaken, these improvements shall be completed in advance of the completion and occupancy of the structures they are designed to serve.