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<br />CAPITAL IMPROVEMENT AGREEMENT FOR CHUCK NASH CHEVROLET <br /> <br />This Agreement is made on December 12 , 2007 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), 630 E. Hopkins, San Marcos, TX 78666, <br />and Chuck Nash Chevrolet ("CNC") of San Marcos, TX 78666. <br /> <br />RECITALS: <br /> <br />1. CN C owns the 21.220 acre, more or less, tract of platted property (the "Property") <br />described on the attached Exhibit A, located at 3209 IH 35 N in San Marcos, Hays County, <br />Texas. <br /> <br />2. CNC is in the process of developing the Property through the construction of a new <br />Chevrolet dealership (the "Dealership"). <br /> <br />3. CNC desires to vary some of the development standards set forth in the City's Land <br />Development Code by designing the Dealership in accordance with the attached Exhibits A and <br />B. <br /> <br />4. In conjunction with the construction of the new dealership, the City has requested that <br />CNC oversize 276 feet of waterline running along IH-35 North. <br /> <br />AGREEMENT: <br /> <br />For and in consideration of the promises and the mutual agreements set forth herein, the <br />City and CNC agree as follows: <br /> <br />1. Agreements by CNC. CNC agrees as follows: <br /> <br />A. CNC agrees to construct water line improvements as described on the <br />construction plans in accordance with the City's construction standards and specifications. The <br />construction of utility improvements is to include oversizing 276 linear feet of 3 inch water line <br />to 8 inches located parallel to IH 35 N. <br /> <br />B. CNC will act as project manager in the construction of the water line improvements. <br />CNC 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 />C. CNC agrees to adhere to the lighting plan as set forth in Exhibit B to this agreement, <br />and further agrees to adhere to the landscaping plan as set forth in Exhibit C to this agreement. <br /> <br />2. Agreements by the City. The City agrees as follows: <br /> <br />A. The City agrees to pay to CNC a price not to exceed $ 9,895.00, being the cost for the <br />water line improvements being requested by the City that are over and above those required by <br />