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12-R-64 Authorizing a temporary license agreement for the access and use of city propertyRESOLUTION NO. 12-R-64 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TEMPORARY LICENSE AGREEMENT FOR THE ACCESS TO AND USE OF CITY PROPERTY AS A STAGING AREA FOR THE CONSTRUCTION OF THE SAN ANTONIO WATER SYSTEMS (SAWS) WATER TANK AND RELATED FACILITIES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an agreement with Archer Western Construction, LLC, relating to the access to and use of City property located adjacent to Schertz Parkway and Buffalo Drive and behind the existing City ball fields and fronting Dietz Creek for the construction of the San Antonio Water Systems (SAWS) Water Tank and Related Facilities; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this agreement with Archer Western Conshuction, LLC by the Temporary License Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Archer Western Construction, LLC in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this ~ da ATTEST: ecretaxy (CITY SEAL) EXHIBIT A TEMPORARY LICENSE AGREEMENT A-1 TEMPORARY LICENSE AGREEMENT This Temporary License-Agreement (the "Aereemen[") is entered into between the City of Schertz, Texas, a Texas municipal corporation (the "Licensor"), and Archer Western Construction, LLC, an Illinois limited liability company ([he "Licensee"), to be effective as of the date on which the last Party signs this Agreement (the "Effective Date"). The Licensor and Licensee are collectively referred to herein as the "Parties" and are each a "Par %'. RECITALS: WHEREAS, in October 2011, Licensor sold that certain real property located in Guadalupe County, Texas and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Water Tank Property") to the Ciry of San Antonio, acting through the San Antonio Water System Board of Trustees ("SAWS") for the construction of a water tank and related facilities (the "Proieet"); and WHEREAS, the construction of the Project on the Water Tank Property serves a public purpose and benefits area citizens, including the citizens of the City of Schertz, Texas; and WHEREAS, SAWS contracted with Licensee to construct the Project on the Water Tank Property; and WHEREAS, Licensor is the owner of that certain real property located in Guadalupe County, Texas and more particularly depicted as the "Requested Space" on Exhibit "B" attached hereto and incorporated herein for all purposes (the "Staeine Area"), which Staging Area is located adjacent to the Water Tank Property; and WHEREAS, Licensee has requested that Licensor grant, and Licensor has agreed to grant to Licensee, a license for certain rights of access to and use of the Staging Area for the temporary purposes of locating two (2) office trailers and storing materials and tools, all related to the construction of the Project on the Water Tank Property (collectively, the "Staeine Activities"); and WHEREAS, granting a license to Licensee to utilize the Staging Area for the Staging Activities serves a public purpose and is essential to facilitating the construction of the Project on the Water Tank Property; and WHEREAS, Licensor and Licensee desire to enter into this Agreement to set forth their understanding and agreement regarding the foregoing. AGREEMENT: NOW, THEREFORE, for and in consideration of the public purposes served by this Agreement and the mutual covenants and agreements herein made, and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, Licensor and Licensee do hereby covenant, stipulate, and agree as follows: 1. Limited License. Licensor hereby grants to Licensee for the benefit of the Water Tank Property a license for access to the Staging Area, during the period from the Effective Date 50520299.2 Page 1 until the termination of this Agreement, as provided in Paragr~h 11 herein, for the sole purpose of the Staging Activities. The license granted herein is subject in all respects to all easements, covenants, conditions, restrictions, and exceptions to title, whether or not of record, affecting all or any portion of the Staging Area (the "Title Exceptions"), and Licensee agrees to abide by the terms the Title Exceptions. 2. Utility Connections. Licensor agrees to allow Licensee to connect to a non potable water line on the Licensor's property for purposes of providing non potable water only to the Staging Area. During the term of this Agreement, Licensee, at Licensee's sole cost and expense, may connect to the Licensor's waterline following the path shown in blue on the depiction set forth on Exhibit "C" attached hereto and incorporated herein for all purposes (the "Waterline Path"). With respect to the foregoing, Licensee agrees to comply fully with all applicable statutes, laws, rules, regulations, ordinances, and orders of any governmental or quasi-governmental authority. Licensee shall establish a water account with Licensor for such connection and shall promptly pay when due all costs and expenses associated therewith, including, without limitation, those fees set forth on Exhibit "D" attached hereto and incorporated herein for all purposes, for the connection of a 5/8" water meter. 3. Safety and Security. During the term of the Agreement, Licensee, at its sole cost and expense, shall have the sole responsibility for securing and assuring the safety and security of the Staging Area, including, but not limited to, by installing and maintaining security fencing enclosing the Staging Area. 4. No Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER LICENSOR NOR ANY OF LICENSOR'S COUNCILMEMBERS, ELECTED OR APPOINTED OFFICIALS, AGENTS, REPRESENTATIVES, OR EMPLOYEES HAS MADE ANY WRITTEN OR ORAL REPRESENTATIONS OR WARRANTIES TO LICENSEE RELATING TO THE CONDITION OF THE STAGING AREA OR THE WATERLINE PATH. THIS AGREEMENT IS MADE WITHOUT RECOURSE OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AND LICENSEE ACCEPTS THE STAGING AREA AND WATERLINE PATH FOR THE PURPOSES CONTEMPLATED WITHIN THIS AGREEMENT, "AS IS", "WHERE IS", AND "WITH ALL FAULTS", AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH LICENSOR HEREBY EXPRESSLY DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT), OR ANY OTHER MATTER AFFECTING OR RELATED TO THE STAGING AREA OR WATERLINE PATH. LICENSEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, WITH RESPECT TO, OR IN RELATION TO, ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE DEEMED TO HAVE BEEN GIVEN BY LICENSOR. LICENSOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR soszoz99.z Page 2 WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE STAGING AREA OR THE WATERLINE PATH FURNISHED BY ANY AGENT, EMPLOYEE, SERVANT, OR OTHER PERSON UNLESS THE SAME ARE SPECIFICALLY SET FORTH HEREIN. 5. Contractors/Subcontractors/Consultants. Licensee may engage contractors, subcontractors, and/or consultants to assist with 1) the Staging Activities, and 2) managing the safety and security of the Staging Area; however, no contractual, legal, or other relationship will be created between Licensor and any such contractor, subcontractor, or consultant as a result. This Agreement shall not create any obligation on the part of Licensor to pay or to see that the payment of any sum is made to any contractor, subcontractor, or consultant. No such contractor, subcontractor, or consultant shall be hired pursuant to this Agreement, unless the same is qualified to fulfill such task. 6. Compliance with Applicable Laws. Licensee shall use the Staging Area only in compliance with the Title Exceptions and all applicable statutes, laws, rules, regulations, ordinances, and orders of any governmental or quasi-governmental authority having jurisdiction over the Staging Area or Licensee's activities thereon. Keen Free of Liens. Licensee agrees to keep the Staging Area and the Waterline Path free from any mechanic's, materialman's, or other liens arising out of or in connection with the activities of Licensee and any contractors, subcontractors, and/or consultants of Licensee under this Agreement, and if any person should claim any such lien with respect to all or any part of the Staging Area or Waterline Path as a result of Licensee's activities or the activities of any contractors, subcontractors, and/or consultants of Licensee, Licensee agrees to promptly cause the same to be removed by payment, bonding, depositing in the registry of the court, or other adequate means. LICENSEE SHALL AND DOES HEREBY INDEMNIFY AND HOLD NARMi.ESS LICENSOR, AND LICENSOR'S SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, EXPENSES, OR DAMAGES THAT LICENSOR, OR LICENSOR'S SUCCESSORS OR ASSIGNS, MAY SUFFER OR INCUR AS A RESULT OF MECHANIC'S, MATERIALMAN'S, OR OTHER LIENS OR CLAIMS THAT MAY BE FILED ON OR ASSERTED AGAINST ALL OR ANY PORTION OF THE STAGING AREA OR THE WATERLINE PATH BY CONTRACTORS, SUBCONTRACTORS, OR MATERIALMEN PERFORMING WORK RELATING TO THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH 7 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. Restoration of the StaeinR Area and the Waterline Path. Upon termination of the Agreement, at Licensee's sole cost and expense, Licensee shall restore 1) the Staging Area and 2) if so requested by Licensor, the Waterline Path, to their original condition, as of the Effective Date of the Agreement, including, without limitation, restoration of the trail system located in the Staging Area. This Paragraph 8 shall survive the termination of this Agreement. 9. Indemnity. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD LICENSOR, LICENSOR'S COUNCILMEMBERS, ELECTED OR APPOINTED OFFICIALS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, AND EACH OF so5zo299.z Page 3 THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION FOR I) DAMAGE TO PERSONS OR PROPERTY, 2) LOSS OF LIFE, 3) ENVIRONMENTAL CONDITIONS, 4) VIOLATIONS OF ANY TITLE EXCEPTIONS, 5) VIOLATIONS OF ANY APPLICABLE STATUTES, LAWS, RULES, REGULATIONS, ORDINANCES, AND ORDERS OF ANY GOVERNMENTAL OR QUASI- GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER THE STAGING AREA, THE WATERLINE PATH, OR LICENSEE'S ACTIVITIES AND THE ACTIVITIES OF LICENSEE'S CONTRACTORS, SUBCONTRACTORS, AND CONSULTANTS THEREON, AND ~ VIOLATIONS OF THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH 9 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Insurance. During the term of the Agreement, Licensee shall, at its sole cost and expense, carry liability insurance for injury to or death of any person or persons with an insurance carrier authorized to do business in Texas, in an amount of not less than Two Mtt,t~orr awn No/100 Dou.Axs ($2,000,000.00) per occurrence and for damage to property in an amount of not less than ONE MILLION nrrn No/100 DOLLARS ($1,000,000.00) per occurrence. A certificate of such insurance shall be furnished to Licensor upon the execution of the Agreement; such policy shall name Licensor as an additional insured and shall provide that the policy may not be altered or cancelled without thirty (30) days prior written notice to Licensor. 11. Duration and Termination: No Interest Conveved. This Agreement will commence on the Effective Date and continue until August 31, 2013; provided, however, that Licensee may terrninate the Agreement earlier upon written notice to Licensor. THE PARTIES EXPRESSLY AGREE THAT NOTHING CONTAINED IN THIS AGREEMENT IS INTENDED TO, NOR SHALL IT BE CONSTRUED TO, GRANT TO LICENSEE ANY ESTATE, TITLE, OR INTEREST IN THE STAGING AREA OR WATERLINE PATH. 12. Modification or Amendment. This Agreement or any provision hereof may be amended, modified, or waived only by written instrument duly signed and approved by the Parties or their successors or assigns. 13. Annlicable Law; Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. Venue for any action concerning this Agreement shall be exclusively in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. 14. Invalidi In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid, and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable to 50520299.2 Page 4 the extent that it does not deprive the Parties of the benefit of the bargain and only to the extent permissible by law. 15. Binding Effect; Assignment. This Agreement shall apply to and be binding on the heirs, successors, executors, administrators, and assigns of the Parties hereto. Notwithstanding the foregoing, Licensee may not transfer, assign, convey, or encumber its interest in this Agreement without the prior signed written consent of Licensor. Licensor, however, may transfer, assign, convey, or encumber its interest in this Agreement without obtaining Licensee's consent. 16. Headin¢s. The descriptive headings of the paragraphs and sections contained in this Agreement are inserted for convenience only and shall not control, affect, limit, expand, or modify the meaning or construction of any of the provisions hereof. 17. Notices. Any notice, demand, request, or communication required or permitted hereunder shall be given in writing and shall either be (a) delivered in person, (b) sent by nationally recognized overnight delivery service, or (c) deposited in the United States Mail, proper postage prepaid, registered or certified mail with a return receipt requested. Any such notice, demand, request, or communication shall be deemed to have been given as of the date of receipt or refusal at the address, and in the manner, provided herein. Notices shall be addressed as follows: If to Licensor: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: John C. Kessel, City Manager With a-copy to: Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attention: Katherine A. Tapley If to Licensee: Archer Western Construction, LLC 2121 Avenue J, Suite 103 Arlington, Texas 76006 Attention: Richard A. Vroom, Project Manager Either party hereto may change the address for notice specified above to any other address in the United States by giving the other party twenty (20) days advance written notice of such change of address. 18. Costs and Attorneys' Fees. In the event that Licensee should default under any of the provisions of this Agreement and Licensor should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of Licensee herein contained, Licensee agrees to pay to Licensor reasonable fees of such attorneys and such other expenses so incurred by Licensor. 50520299.2 Page 5 19. Relationship of the Parties. It is expressly understood and agreed that neither Licensee nor any of its agents, employees, representatives, contractors, or subcontractors shall for any purpose be deemed to be nor be represented to be, an employee, agent, or servant of Licensor; nor shall anything contained herein operate or be construed to create hereunder any type of partnership, joint venture, joint enterprise, or franchise relationship between Licensor and Licensee. 20. Authori The execution, delivery, and performance by Licensee of this Agreement have been duly authorized by all necessary action and will not violate the organizational documents of Licensee. The execution of this Agreement by Licensee does not require any consent or approval that has not been obtained, including, without limitation, the consent or approval of any govenunental or quasi-governmental authority. 21. Recitals; Exhibits. The recitals and exhibits are incorporated herein by reference as matters of contract and not mere recitals and exhibits. 22. Countemarts. This Agreement may be executed in multiple counterparts, and such counterparts, when taken together, shall have the full force and effect of an original, fully executed instrument. 23. List of Exhibits. Exhibit "A" Legal Description of the Water Tank Property Exhibit "B" Depiction of the Staging Area Exhibit "C" Location of the Waterline Connection Exhibit "D" Cost for the 5/8" Water Meter Set [ Signatures and acknowledgements of the Par[ies on the following pages J soszozo9.z Page 6 SIGNATURE PAGE TO TEMPORARY LICENSE AGREEMENT The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS By: John vessel, City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on t Kessel, the City Manager of the City of Schertz, Texas, on [Seal] ~aaaaaaaaaaaaaaaaaaaa»aaaay m / SARAH E. GONZALEZ /~ / ~,n* Notary Puhlic Ps y ` ,~~% State of Texas ~ y ~ Comm. Exp. 10-31.2012 y ~ (~ i 4" G ` G ~ !i ~ G ~ G C' i ~ f i < C u ~ G F i Y ~ ~ (. ~! i ~ G C'i V i Y~ ~ f i ~ L ~ G G' i ~ !i ~ C ~ ~9~ ~" _ day ofJttl9, 2012, by John C. of said Citv. - Public in and for the [Signatures and acknowledgments continue on the followingpageJ 50520299.2 S-I SIGNATURE PAGE TO TEMPORARY LICENSE AGREEMENT ARCHER WESTERN CONSTRUCTION, LLC, an Illinois ],'mi\ted liability company By: Name: Title: THE STATE OF ~ QS COUNTY OF !QY'YQ/~t t § his instrument was ackno,~ledged before me on the ~s~ay of~2012, by ~IOe L/~~emaw ,the U/CC ~~s~'~/e,..~ of Archer Western Construction, LLC, an Illinois limited liability company, on behalf of s/iddjmite/d liability c~o~mpan)y. r~q~ld1iuimuiii `/~/ /P/J,~c~/i ~~~~/ p~,.,Py Pue~~,;,- ~•~_ Notary Public in and for the State of Texas 50520299.2 S-2 Exhibit "A" Legal Description of the Water Tank Property 2.00 acres of land, situafed in the G. Malpaz Survey No. 67, Abstract No. 22l and being a portion of that certain 64.288 acre tract of land conveyed to the City of Schettz in Volume 1997, Paga 267 of the Official Public Records of Guadalupe County, Texas. (Continued on the following page J sos2azvv.2 Exhibit "A", Page 1 /r r r-+fln fi~)~ aoP 1T 1\ ,A ~~ ~ ~ ~~ ~ v 1 ~ ~ ~ ~` + 1 1 ~ z ~, 1 \ ~ p~ 1- 541 i--~V/J ~ v ~ N 2dCIGM lQ. I150.; htN \ , ~y :~ 2. £ ` IlIf00 SR M ltsat ~ \`~ V 11~~4 `~ t~~t ~ t ~ 1 1{~1 ~\ t ~ ~ ~ \ t 1 1 t ~ ~ ~ \ ' fQ1 t t ~ f \ 1 ` ~ 1 1 ~ ~ 1 L_________~k. ~-=.n AL40 83 - TEBtS 501/111 EfJQR/L CND e'OpppNM1E5 .538 I3 S 162868 3 R CYS AVIO'A Y1G hSRI{ AE pIV a 64l NAO'm a mu loaawm pllla4n oa a. lloaon-v ewm ae-pT-nn ~m~ ~rAn °DilooX°'o I[ Ae~~~~ m~ibT AOP ~' *(h'~ Fo'y*, .......... PD(IHVCAETI ...1......~... ~ ~ ,.. ~. NwILm~ f~ -~o-wul RAT SHOwoq 2.00 ACRES (BPIL0.0 Sq. Rif) SIIUATtD W THE C. VAIPAZ SURVEY ND. 0], ABSTPACT H0. 221 BEBW A PgitgN OF THAT YERTAPI 84.208 ACRE TRACE fbXTk1E0 TO CIIY Of SCHERR W VOIWE fY87 PACE 26] qF Tr¢ OPf1CNL PUBIIC RECORDB OP CUAR4!!PE ., TN. ~" - A NETES AA1P (pfM PERWIAIIfYI !N EfEN D p1E IEAl18M A(.V' pYPANES 1105 SL,i1El' fW PACE 1002 _-~M1~+ .. FORD ENGTNBSRING INC. >w-R. s,_ __ ^mver.o nArexo wo. .IU.a fanMVeau4e wm~fw.e.,,uno.o.,ou.+nn.nlm.w.,,. ...lev.....wm. ,.Perm. P-f1n soszozvs.z Exhibit "A", Page 2 Exhibit "B" Depiction of the Staging Area [See Attached J sos2oz99.z Exhibit `B", Page 1 sos2oz9v.2 Exhibit "B", Page 2 Exhibit °`C" Location of the Waterline Connection [See Attached J soszoz99.2 Exhibit "C", Page 1 , ~ - ~'yt I ~ _ 1 ~> ~ , , I r _ = J ~ i ; ~ Il a Q , ~ ~~, ~~ i ~ ~_ ,~,. ~ ~ ~ ~ i . _ . 1~y 1 ~t~ III __ O31Y~ic-~1..~~~ ~ 'my _ llil 1, I ,' S _ ~ ~ , r I ~~ ac Ili~~ II ~ I~ ~ i i `~~€ ~r~/ ~~1'A )ip a~~ f ~R, ~? ~ " ~ ./~J ~ i $ ~ ~ ~ T1@~ ~~~~ / `l~ ~ ~ 7 i ! r 1 •- z ~~ _ 1 ~ ~ ~ ~ +1 ~ 1 1 _ ~ 4 r ~ ~ k ~ ~ f 1 1 j ~ ~ L -_ ~~ J/ t ~~ ~'1' 1 $ `•~ `~ { , i ~ } ~ ~ __ ?~ ~ ~~[ ~~ ~ ~ _ r %. s ~' r ~1 ~'4 1 :'~ ~r.: r l~ t: I A 1 ~ P`5. .~ ~Y~ f{ 1' ~! ~ ~' l ~ g i_. aT'~ Y ~'~ 'A ~ ~ru }.~~s 11 i ~i 1 ~.,~ "~~ i' ~ P ~sS y.. i ~1 y ~~ 1~ f S~f"' ~~L ~~ 4`~~~ ~1 ~ Y i 1~. ~~ 3- Yl ~ ~ ~ ¢~ ~ a'`' i ~3 ~ ~_ Q ~ `~ ~ ~ f ~ ~ _.. F _. f~ _ _ _ r~ ~"f Prelim Master Plan 11 ~mmun~ P~ar~k - Ph. 2 ~( ~ 1~~~K'I ~l 7~rnl soszozsv.z Exhibit "C", Page 2 Exhibit "D" Cost for the 5/8" Water Meter Set 10 Commercial Place Schertz, Texas 78164 rune ~y, 2uiz SAWS PROJECT 1400 SCHERTZ PKWY (behind city helq SCHERTZ, TX 78154 Project SAWS PROJECT Pemut # 77? Service w/618" Meter Set Total Due NON POTABLE CITY OF SCHERTZ PUBLIC WORKS DEPT. PHONE # (290) 619-1800 FAX # (210) 619-1049 5679.74 5679.74 311 CCMA TAP FEE $0.00 304 WATER INSTALLATION $3gg.7q 700 SCHERTZ WATER CAPITAL RECOVERY 50.00 703 SSLGC WATER CAPITAL RECOVERY $0.00 701 SCHERTZ SEW ER CAPITAL RECOVERY 50.00 301 DEPOSIT CARD $O.OD so5z0299.2 Exhibit "D", Page 1