Res 2017-183/approving a developer participation agreement between the City and Whisper Master Community Limited Partnership providing for the City’s participation in the cost of oversizing certain public street improvements

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DEVELOPER PARTICIPATION AGREEMENT WHISPER PUBLIC IMPROVEMENT DISTRICT This Developer Participation Agreement (the "Agreement") is effective as of December 19 2017 (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 Whisper Master Community Limited Partnership, a Texas limited partnership (the "Developer'7, 9811 South IH 35, Building 3, Suite 100, Austin, Texas 78744. 1. RECITALS 1.1 Texas LocAL GovERNmFNT CODE SECrtoN 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 Developer's development of the Whisper Public improvement District ("PID") project, which includes approximately 705.853 acres located within the City and the City's extraterritorial jurisdiction, the Developer has submitted a request for the City's cost participation in the construction of public 'improvements consisting of additional laces for public roadways, as further shown and described in the map or site plan and Description of Work attached as Exhibit "A" (the "Public Improvements"). 1.3 The City determined that a portion 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 H. AGREEMENT In consideration of the mutual benefits to and obligations of the patties under this Agreement, the parties agree to the following terms and conditions: 2.1 Design and Construction of Public Improvements 1.1.1 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. 1.1.3 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. 2.1.4 Independent Contractor. The Developer sball be solely responsible for selecting, supervising and paying the construction contractor(s) or subcontractors and for complying with all applicable laws, including but not limited to all requirements