Res 2013-179/Approving a Developer participation agreement w/Carma Blanco Vista, LLC in the cost of oversizing a waterline along Post Road near the Blanco Vista Subdivision

Home Browse Search

DEVELOPER PARTICIPATION AGREEMENT [Blanco Vista Post Road Water Main] This Developer Participation Agreement (the "Agreement ") is effective as of December 39 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 Carma Blanco Vista, LLC, a Texas limited liability company (the "Developer "), 9737 Great Hills Trail Suite 260, Austin, Texas 78759. 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 In connection with the Amended and Restated Water Utility Improvement Agreement approved by Resolution No. 2007 -161R on September 4, 2007, the City has requested the Developer to oversize the sixteen inch (16 ") water line to a twenty -four inch (24 ") water line which will begin at the Blanco Vista development and head south along Post Road to Booth Drive, as further shown and described in the map or site plan and Description of Work attached as Exhibit "A" and also described in those plans provided to the City titled Phase II Post Road Facilities (24" Water Line Post Road) which are incorporated herein by reference and made a part hereof for all purposes (the "Public Improvements "). 1.3 The City has determined that portions of the Public Improvements qualify for cost participation by the City and the City desires to have the Developer design and construct both the Developer's and the City's portion of the Public Improvements 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 Public Improvements 2. L I Design and Construction. The Public Improvements will be designed and constructed by the Developer according to plans and specifications approved by the City in accordance with the City's applicable ordinances, standards and processes. 2.1.2 Project Manager. The Developer will act as project manager in the construction of the Public Improvements. The Developer will ensure that the construction is carried out under the direct supervision of a professional engineer registered in the State of Texas.