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<br />I <br /> <br />REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on Nov 20 , 2007 between the City of San Marcos, a Texas <br />Municipal Corporation (City), and Hunter Road I & II, L.P. <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 Hunter Road I & II, L.P. ("Hunter <br />Road") install 3,422 linear feet of 12-inch inch water line and associated appurtenances instead of a <br />8-inch water line as well as 2,090 linear feet of lO-inch wastewater line instead of an 8-inch line <br />(Utility Improvements) in connection with Hunter Road's development of the Town Center <br />Subdivision. <br /> <br />I <br /> <br />3, Hunter Road, through its contractor as supervised by Bym & Associates, Inc. ("Bym") its <br />engineer will build the Utility Improvements, in accordance with the City's requirements. <br /> <br />4. The City and Hunter Road have agreed that Hunter Road will build the Utility Improvements as <br />described in this Agreement; and that the City will reimburse Hunter Road 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. The utility construction, and associated costs, is set forth on <br />the Bym cost proposal that is attached to this agreement. <br /> <br />AGREEMENT <br /> <br />The City and Hunter Road, in consideration of the mutual promises, covenants and agreements set <br />forth in this Agreement, agree and contract as follows: <br /> <br />1. Hunter Road agrees to construct the Utility Improvements as described on the construction plans <br />for the Town Center Subdivision as approved by the City in accordance with the City's construction <br />standards and specifications. <br /> <br />2. Hunter Road will act as project manager in the construction of the Utility Improvements. Hunter <br />Road 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 />I <br />