Res 2007-161 - Laserfiche WebLink

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I I I AMENDED AND RESTATED WATER UTILITY IMPROVEMENT AGREEMENT This Amended and Restated Water Utility Improvement Agreement (this "Agreement") is made effective as of _Sept 5 , 2007, between the City of San Marcos (the "City"), and Carma Blanco Vista, Ltd., a Texas limited partnership ("Carma") (Carma and the City also referred to individually as "Party" and collectively as the "Parties"). RECITALS 1. The City and Agua Tierra Holdings, Ltd., a Texas limited partnership ("Agua Tierra"), entered into that certain Water Utility Improvement Agreement dated as of August 26, 2003 (the "Original Agreement"), pursuant to which the City approved the construction of certain water system improvements by Agua Tierra consisting of approximately 15,000 linear feet of 16" water main from the City's existing water main along Post Road to the property identified on Exhibit A hereto (the "Carma Property"), and associated materials, equipment, and appurtenances (the "Post Road Water Project"). 2. Subsequent to the execution of the Original Agreement, Carma acquired the Carma Property and Agua Tierra assigned to Carma all of its rights under the Original Agreement, including, without limitation, all of its rights with respect to the Post Road Project. 3. The City and Carma desire to amend and restate the Original Agreement in accordance with the terms and conditions contained herein, and the City Council of the City has approved this Agreement. AGREEMENT The Parties, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. Engagement of Engineer. Carma agrees to contract for and pay for all engineering services needed for construction of the Post Road Project including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases for the Post Road Project. The engineer engaged by Carma (the "Post Road Water Project Engineer") must be a professional engineer registered in the State of Texas. 2. Oversizing. The City has directed that the size of the 16" water main comprising the Post Road Project be increased to a 24" water main for the purpose of facilitating the City's installation of water storage improvements to serve the City's water system in the area of the Post Road Project (and not for the purpose of providing additional capacity to Carma in the Post Road Water Project). Carma directed the Post Road Project Engineer to prepare a preliminary cost estimate for the oversizing for City approval, and such cost estimate was delivered to the City per the City's request for oversizing. The City hereby confirms to Carma that the City 1 Post Road Water Utility Agt 20070614a