Effective on: 8/9/2022

PARTIES:

This Agreement is by and between the Utility and the Subdivider, to wit: The Utility is the governing board or owner of a retail public utility which supplies of drinking water known as _____________________________________________________________.

The Subdivider is __________________________________________________, who is the owner, or the authorized agent of the owner, of a tract of land in _______________ County, Texas, that has been proposed to be divided into a subdivision (the Subdivision) known as _____________________________________________________.

TERMS: This Agreement is entered into in partial satisfaction of requirements under the Texas Water Development Board's Economically Distressed Areas Program Model Subdivision Rules. The Subdivider has prepared a plat of the Subdivision for submission to ________ County for its approval. The Subdivider plans to construct for the Subdivision a drinking water distribution system to be connected to the Utility's public water system. The Utility has reviewed the plans for the Subdivision (the Plans) and has estimated the drinking water flow anticipated to be needed by the Subdivision under fully built-out conditions (the anticipated water flow) to be approximately __________ gallons daily.

The Utility covenants that it has or will have the ability to provide the anticipated water flow for at least thirty years, and that it will provide that water flow. These covenants will be in effect until thirty years after the plat of the Subdivision has been recorded and the Subdivision's water distribution system has been connected to the Utility's water supply system.

The Subdivider covenants that the water distribution system will be constructed as shown in the Plans and as provided for through the plat-approval process so that the residents of the lots of the Subdivision may receive drinking water service from the Utility. Upon completion of the water distribution system and upon its approval and acceptance by the Utility, the Subdivider will convey to the Utility all right and title to the water distribution system.

The Subdivider has paid the Utility the sum of $ ______________ which sum represents the total costs of water meters, water rights acquisition fees, and all membership or other fees associated with connecting the individual lots in the Subdivision to the Utility's water supply system.

The above provisions notwithstanding, this Agreement shall no longer be in effect if the plat of the Subdivision is not approved by ________ County or by a municipality whose approval is required. By affixing his or her signature to this Agreement, the person signing for the Utility warrants that he or she is authorized to sign this Agreement on behalf of the Utility.

By affixing his or her signature to this Agreement, the person signing for the Subdivider warrants that he or she is authorized to sign this Agreement on behalf of the Subdivider.

This Agreement is effective on __________________________, 20____.

The Utility

By: ________________________________

Printed Name: _______________________

Office or Position: ____________________

Date: _______________________________

The Subdivider

By: _______________________________

Printed Name: _______________________

Office or Position: ____________________

Date: _______________________________

Effective on: 8/9/2022

PARTIES:

This Agreement is by and between the Utility and the Subdivider, to wit:

The Utility is the governing board or owner of a retail public utility which provides wastewater treatment and is known as _______________________________________________________.

The Subdivider is __________________________________________________, who is the owner, or the authorized agent of the owner, of a tract of land in _______________ County, Texas, that has been proposed to be divided into a subdivision (the Subdivision) known as _____________________________________________________.

TERMS: This Agreement is entered into in partial satisfaction of requirements under the Texas Water Development Board's Economically Distressed Areas Program Model Subdivision Rules. The Subdivider has prepared a plat of the Subdivision for submission to _______ County for its approval. The Subdivider plans to construct for the Subdivision a wastewater collection system to be connected to the Utility's wastewater treatment system. Such wastewater will consist of domestic sewage, i.e., waterborne human waste and waste from domestic activities such as bathing, washing, and food preparation. The Utility has reviewed the plans for the Subdivision (the Plans) and has estimated the wastewater flow projected from the Subdivision under fully built-out conditions (the projected wastewater flow) to be approximately _______ gallons daily.

The Utility covenants that it has or will have the capacity to treat the projected wastewater flow, and that it will treat that wastewater flow for at least thirty years. These covenants will be in effect until thirty years after the plat of the Subdivision has been recorded and the Subdivision's wastewater collection system has been connected to the Utility's wastewater treatment plant.

The Subdivider covenants that the wastewater collection system will be constructed as shown in the Plans and as provided for through the plat approval process so that the residents of the lots of the Subdivision may receive wastewater treatment service from the Utility. Upon completion of the wastewater collection system and upon its approval and acceptance by the Utility, the Subdivider will convey to the Utility all right and title to the wastewater collection system.

Insert the following paragraph if the Utility imposes any fees for connection of individual lots to the Utility's wastewater collection and treatment system: The Subdivider has paid the Utility the sum of $ ______________ which sum represents the total costs of tap fees, capital recovery charges, and other fees associated with connecting the individual lots in the Subdivision to the Utility's wastewater collection and treatment system.

The above provisions notwithstanding, this Agreement shall no longer be in effect if the plat of the Subdivision is not approved by __________ County or by a municipality whose approval is required.

By affixing his or her signature to this Agreement, the person signing for the Utility warrants that he or she is authorized to sign this Agreement on behalf of the Utility.

By affixing his or her signature to this Agreement, the person signing for the Subdivider warrants that he or she is authorized to sign this Agreement on behalf of the Subdivider.

This Agreement is effective on __________________________, 20______.

The Utility

By: ________________________________

Printed Name: _______________________

Office or Position: ____________________

Date: ______________________________

The Subdivider

By: ________________________________

Printed Name: _______________________

Office or Position: ____________________

Date: ______________________________

Effective on: 8/9/2022

"The streets, as reflected upon the subdivision plat, have not been dedicated to the public for public access nor have been accepted by the City as public improvements, and the streets, street lights, traffic control devices, sidewalks and other improvements shall be maintained by the homeowners’ association within the subdivision. The streets shall always be open to emergency vehicles, public and private utility service personnel, the U.S. Postal Service and governmental employees in pursuit of their official duties."

"We, the undersigned owners of the land shown on this plat and designated herein as (Subdivision) do hereby grant an easement to the City of Edinburg and those who may now or hereafter hold franchise under said city. The streets, street lights, traffic control devices, sidewalks and other improvements and easements thereon shown, surface use of the street and alleys is restricted to the employees or agents of the City of Edinburg. Employees of utilities operating under franchise to the City of Edinburg and residents of the subdivision and their guests."

"The owners of lots served by the private streets, alleys, and access easements within this Plat agree to release, indemnify, defend and hold harmless any governmental entity for damages to the private streets, alleys, and access easements occasioned by the reasonable use thereof by the government entity for governmental purposes, and to release, indemnify, defend and hold harmless any governmental entity for damages arising from the condition of the private streets, alleys, or private access easements. The maintenance of private street signs shall not be the responsibility of the City of Edinburg."

Effective on: 8/9/2022