Res 2013-164(a)/Approving an developer participation agreement w/C&G development for the construction of a lift station

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DEVELOPER PARTICIPATION AGREEMENT This Developer Participation Agreement (the "Agreement ") is effective as of November 6, 2013 (the "Effective Date "), by and between the City of San Marcos, Texas, a home rule municipal corporation (the "City "), 630 East Hopkins Street, San Marcos, Texas 78666 and C &G Development, Ltd., a Texas Limited Partnership (the "Developer "), P.O. Box 1171, San Marcos, Texas 78667. I. RECITALS 1.1 TEXAS LOCAL GOVERNMENT CODE SECTION 212.071 authorizes the City to cost participate with a Developer of a subdivision or land to construct public improvements. 1.2 On May 1, 2012 the Parties entered into a Development Agreement under Chapter 212 of the Texas Local Government Code related to the development of 99.2 acres of land at Wonder World Drive and Franklin Street. Pursuant to the terms of the Development Agreement, the City agreed to cost participate in the construction of a lift station and associated infrastructure to provide wastewater service to said land in the amount of $113,000.00. The Description of Work for the lift station and associated improvements covered by this Agreement is attached as Exhibit "A" (the "Lift Station Improvements "). 1.3 The Lift Station Improvements will also require the extension of electrical service by the City (the "Electric Service Extension ") 1.4 The City has determined that the Lift Station Improvements qualify for cost participation by the City and wishes to cost participate with the Developer in the Lift Station Improvements and to provide the Electric Service Extension subject to the terms of this Agreement. II. AGREEMENT In consideration of the mutual benefits to and obligations of the parties under this Agreement, the parties agree to the following terms and conditions: 2.1 Design and Construction of Improvements 2.1.1 Design and Construction. The Lift Station Improvements will be designed and constructed by the Developer according to plans and specifications acceptable to and approved by the City in accordance with the City's applicable ordinances, standards and processes. The City will design and install the improvements related to the Electric Service Extension. 2.1.2 Project Manager. The Developer will act as project manager in the construction of the Lift Station Improvements. The Developer will ensure that the construction is carried out under the direct supervision of a professional engineer