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<br />I <br /> <br />REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on Nov 6 , 2007 between the City of San Marcos, a Texas <br />Municipal Corporation (City), and the San Marcos Consolidated Independent School District <br />(SMCISD). <br /> <br />RECITALS <br /> <br />1. Chapter 7 of the City of San Marcos Land Development Code provides for the installation of <br />certain public improvements associated with new development. Section 7.1.3.1 of this chapter <br />allows the City to require the developer to install improvements that are oversized with respect to <br />City minimum standards or the needs of the new development. Section 7.1.3.1 also provides for the <br />allocation of the cost of the improvements between the City and the developer. <br /> <br />2. To provide for future City utility needs the City requested that SMCISD install 1 ,965 linear feet <br />of 16-inch inch water line and associated appurtenances instead of a 12-inch water line as well as <br />1,920 linear feet of 12-inch water line instead of an 8-inch line (Utility Improvements) in <br />connection with the SMCISD's construction of the new high school. <br /> <br />I <br /> <br />3. SMCISD, through its contractor, Loomis Austin, Inc. will build the Utility Improvements, in <br />accordance with the City's requirements. <br /> <br />4. The City and SMCISD have agreed that SMCISD will build the Utility Improvements as <br />described in this Agreement; and that the City will reimburse SMCISD for the difference in <br />approved costs of the construction between the initially proposed line sizes and the larger diameter <br />lines deemed necessary by the City. <br /> <br />AGREEMENT <br /> <br />The City and SMCISD, in consideration of the mutual promises, covenants and agreements set forth <br />in this Agreement, agree and contract as follows: <br /> <br />I. SMCISD agrees to construct the Utility Improvements as described on the construction plans for <br />the new high school as approved by the City in accordance with the City's construction standards <br />and specifications. <br /> <br />2. SMCISD will act as project manager in the construction ofthe Utility Improvements. SMCISD <br />will ensure that the construction is carried out under the direct supervision of a professional <br />engineer registered in the State of Texas. <br /> <br />3. The City agrees to pay to SMCISD a price not to exceed $ 175,865.00, being the cost for the <br /> <br />I <br />