Common use of Permanent Service to the Property Clause in Contracts

Permanent Service to the Property. (a) After the Developer’s completion and dedication of the Wastewater Line to the City, the City shall provide continuous and adequate wholesale wastewater service to the Property sufficient (i) to serve the land uses shown on the Concept Plan attached to the Development Agreement, and (ii) to fulfill the requirements of any applicable rule or regulation of the Public Utility Commission of Texas or the Texas Commission on Environmental Quality and all duly adopted rules and regulations of the City, subject to payment of the monthly services charges based upon the Wholesale Rates set forth in this Agreement. (b) Once the Wastewater Line is constructed, the City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers within the Property. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the District at the same level these services are provided within the City. (c) The District acknowledges that wastewater entering the City’s wastewater system (the “City’s System”) from the wastewater system lying within the Property and being operated and maintained by the District, including the Interior Improvements (the “District’s System”), originating from any source whatsoever must be given treatment and handling whether or not its source is revenue-producing for the District. Therefore, the District will pay for all wastewater entering the City’s System from the District’s System, including infiltration and inflow, at the Wholesale Rates. It is the District’s responsibility to undertake reasonably prudent measures to minimize infiltration and inflow to the Interior Improvements. (d) The Wholesale Rates, as reflected in Exhibit “B” hereto, charged by the City for service within the Property shall be the same as those rates charged by the City to its in-city wholesale wastewater customers. Such rates may be reviewed and adjusted annually by the City, based on a cost of service study performed by the City and as allowed by applicable law. However, nothing in this provision or elsewhere in this Agreement or the Development Agreement shall be interpreted to prevent the District’s customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (e) The District shall have guaranteed reserved capacity and shall fully own capacity in the Off-Site Wastewater Facilities sufficient to serve the needs of the Property, currently estimated to be 0.186 million gallons per day, but subject to such increase as may be required based upon final density of the development in the Property.

Permanent Service to the Property. (a) After the Developer’s completion and dedication of the Wastewater Line to the City, the City shall provide continuous and adequate wholesale wastewater service to the Property sufficient (i) to serve the land uses shown on the Concept Plan attached to the Development Agreement, and (ii) to fulfill the requirements of any applicable rule or regulation of the Public Utility Commission of Texas or the Texas Commission on Environmental Quality and all duly adopted rules and regulations of the City, subject to payment of the monthly services charges based upon the Wholesale Rates set forth in this Agreement. (b) Once the Wastewater Line is constructed, the City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers within the Property. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the District at the same level these services are provided within the City. (c) The District acknowledges that wastewater entering the City’s wastewater system (the “City’s System”) from the wastewater system lying within the Property and being operated and maintained by the District, including the Interior Improvements (the “District’s System”), originating from any source whatsoever must be given treatment and handling whether or not its source is revenue-producing for the District. Therefore, the District will pay for all wastewater entering the City’s System from the District’s System, including infiltration and inflow, at the Wholesale Rates. It is the District’s responsibility to undertake reasonably prudent measures to minimize infiltration and inflow to the Interior Improvements. (d) The Wholesale Rates, as reflected in Exhibit “B” hereto, charged by the City for service within the Property shall be the same as those rates charged by the City to its in-city wholesale wastewater customers. Such rates may be reviewed and adjusted annually by the City, based on a cost of service study performed by the City and as allowed by applicable law. However, nothing in this provision or elsewhere in this Agreement or the Development Agreement shall be interpreted to prevent the District’s customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (e) The District shall have guaranteed reserved capacity and shall fully own capacity in the Off-Site Wastewater Facilities sufficient to serve the needs of the Property, currently estimated to be 0.186 0.124 million gallons per day, but subject to such increase as may be required based upon final density of the development in the Property.

Permanent Service to the Property. (a) After the Developer’s completion and dedication of the Off-Site Wastewater Line Facilities to the City, the City shall provide continuous and adequate wholesale wastewater service to the Property sufficient (i) to serve the land uses shown on the Concept Plan attached to included in the Development Agreement, and Agreement and (ii) to fulfill the requirements of any applicable rule or regulation of the Public Utility Commission of Texas or the Texas Commission on Environmental Quality and all duly adopted rules and regulations of the City, subject to payment of the monthly following: (1) Tap fees and inspection fees as defined in the District’s rate order, which will be collected by the District or by a third party on behalf of the District. The Owner and District are excluded from any wastewater impact fees being charged by the City, as further set forth in Section 6 below; and (2) Monthly services charges based upon the Wholesale Rates set forth in this Agreement. (b) Once the Off-Site Wastewater Line is Facilities are constructed, the City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers within the Property. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the District at the same level these services are provided within the City. (c) The District acknowledges that wastewater entering the City’s wastewater system (the “City’s System”) from the wastewater system lying within the Property and being operated and maintained by the District, including the Interior Improvements (the “District’s System”), originating from any source whatsoever must be given treatment and handling whether or not its source is revenue-producing for the District. Therefore, the District will pay for all wastewater entering the City’s System from the District’s System, including infiltration and inflow, at the Wholesale Rates. It is the District’s 's responsibility to undertake reasonably prudent measures to minimize infiltration and inflow to the Interior Improvements. (d) The Wholesale Rates, as reflected in Exhibit “B” hereto, wholesale rates charged by the City for service within the Property shall be the same as those rates charged by the City to its in-city wholesale wastewater customerscustomers and shall be those rates reflected in Exhibit “B” hereto. Such rates may be reviewed and adjusted annually by the City, based on a cost of service performance study performed by the City and as allowed by applicable law. However, nothing in this provision or elsewhere in this Agreement or the Development Agreement shall be interpreted to prevent the District’s District customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (e) The District shall have guaranteed reserved capacity and shall fully own capacity in the Off-Site Wastewater Facilities sufficient to serve the needs of the Property, currently estimated to be 0.186 0.57 million gallons per day, as set forth in the Development Agreement, but subject to such increase as may be required based upon final density of the development in the Property, including the increase provided for in Section 4.05 of the Development Agreement.

Permanent Service to the Property. (a) After the Developer’s completion and dedication of the Off-Site Wastewater Line Facilities to the City, the City shall provide continuous and adequate wholesale wastewater service to the Property sufficient (i) to serve the land uses shown on the Concept Plan attached to included in the Amended and Restated Development Agreement, and Consent Agreement and (ii) to fulfill the requirements of any applicable rule or regulation of the Public Utility Commission of Texas or Texas, the regulations of the Texas Commission on Environmental Quality Quality, and all duly adopted rules and regulations of the City, subject to payment of the monthly following: (1) Tap fees and inspection fees as defined in the District’s Rate Order which will be collected by the District or by a third-party on behalf of the District. The Owner and District are excluded from any wastewater impact fees being charged by the City, as further set forth in Section 6 below; and; (2) Monthly services charges based upon on the Wholesale Rates set forth in this Agreement. (b) Once the Wastewater Line is constructed, the The City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers within the Property. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the District at the same level these services are provided within the City. (c) The District acknowledges that wastewater entering the City’s wastewater system (the “City’s System”) from the wastewater system lying within the Property and being operated and maintained by the District, including the Interior Improvements (the “District’s System”), originating from any source whatsoever must be given treatment and handling whether or not its source is revenue-producing for the District. Therefore, the District will pay for all wastewater entering the City’s System from the District’s System, including infiltration and inflow, at the Wholesale Rates. It is the District’s 's responsibility to undertake reasonably prudent measures to minimize infiltration and inflow to the Interior Improvements. (d) The Wholesale Rates, as reflected in Exhibit “B” hereto, wholesale rates charged by the City for service within the Property shall be the same as those rates charged by the City to its in-city wholesale wastewater customerscustomers and shall be those rates reflected in Exhibit “B” hereto. Such rates may be reviewed and adjusted annually by the City, based on a cost of service performance study performed by the City and as allowed by applicable law. However, nothing in this provision or elsewhere in this Agreement or the Development Agreement shall be interpreted to prevent the District’s District customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (e) The District shall have guaranteed reserved capacity and shall fully own capacity in the Off-Site Wastewater Facilities sufficient to serve the needs of the Property, currently estimated to be 0.186 0.637 million gallons per day, day but subject to such increase as may be required based upon final density of the development in the Property, including the increase provided for in Section 4.05 of the A m e n d e d a n d R e s t a t e d Development a n d C o n s e n t Agreement.