Res 1987-030 - Laserfiche WebLink

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to a new manhole located Northwest of Hunter Road on the SAN MAR- COS 186 179 acre tract. A plat showing the approximate layout of said sewer line to be constructed is attached hereto as Exhibit D and incorporated by reference herein. Said construction contract will include the reworking of the bottom of the existing ditch and easement area (relocation of Willow Creek) along the ALEXANDER GROUP 67 acre tract and the KROGER tract in accordance with the ditch profile and slope pre- viously approved by CITY, a copy attached as Exhibit E, and the stabilization of the reworked slope. Said construction contract will be awarded by CITY not later than 60 days after the completion of the engineering design, plans and specifications, of the 18" sewer line by ProTech Engineering Group, which design, plans and specifications shall be completed in accordance with City of San Marcos standard specifications on or before April 15, 1987. Said construction contract will provide that the actual construction work shall begin on the 18" sewer line on or before July 15, 1987. However, in the event ProTech Engineering Group fails to complete the design, plans and specifications for the 18" sewer line on or before April IS, 1987, then the time for the beginning of construction under the contract awarded by the CITY shall be extended one day for each additional day that the completion of the design, plans and specifications is delayed beyond April 15,1987. 4. That within 10 days of the execution of this con- tract by CITY, ALEXANDER GROUP will deliver to CITY the originals of the two previously executed utility easements granting an easement to the City of San Marcos over the ALEXANDER GROUP 67 acre tract and the KROGER tract (copies of said easements except for signatures being attached hereto as Exhibit F and Exhibit G, respectively) to be held in escrow by CITY in accordance with the further provisions of this agreement. 5. That upon the awarding of the construction con- tract by CITY, CITY will be authorized to record the two pre- viously executed utility easements granting an easement to the City of San Marcos over the ALEXANDER GROUP 67 acre tract and the adjoining KROGER tract over the ditch forming the relocation of Willow Creek on the ALEXANDER GROUP 67 acre tract and the adjoin- ing KROGER tract. 6. That, by the acceptance of this agreement, and the payment by SAN MARCOS 186 and S&S of the costs of the services of ProTech Engineering as provided in this agreement, CITY acknow- ledges that SAN MARCOS 186, 8&S, ALEXANDER GROUP and KROGER have met all requirements for obtaining the extension of sewer service to the SAN MARCOS 186 179 acre tract, the S&S 429 acre tract, the ALEXANDER GROUP 67 acre tract, and the KROGER tract, by utiliza- tionof said 18" sewer line described on Exhibit D attached hereto and incorporated by reference herein. 7. That this contract is being executed by the authorized representatives of S&S, SAN MARCOS 186, and ALEXANDER GROUP, on the 9th day of February, 1987, and acceptance of said contract by CITY is subject to formal approval by the City Coun- cil of the City of San Marcos within 30 days from the date of this agreement, that is, on or before March 11, 1987. 8. Default: 1) In the event that CITY defaults under the terms of this agreement after acceptance by the CITY of this agreement as provided herein prior to the awarding of the con- struction contract for the construction of the sewer line as provided herein, then the two original easement documents held in escrow shall not be recorded, but shall be returned to ALEXANDER GROUP.