Res 2018-072/approving a Developer Participation Agreement with Highpointe Trace, LLC providing for the City to participate in the cost of a regional wastewater lift station to serve the area along Posey Road from Hunter Road to Old Bastrop Highway in th

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its ORIGII %raCeSec DEVELOPER PARTICIPATION AGREEMENT ]Trace Sewer Improvements] This Developer Participation Agreement (the "Agreement") is effective as of May 15, 2018(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 Highpointe Trace, LLC,a California limited liability company(the"Developer"),2 Venture,Suite 350,Irvine, California 92618. L RECITALS 1.1 TEXAS LOCAL GOVERNMENT CODE SECTION 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 Trace development in Hays County, Texas (the "Project"), the City has requested that Developer construct and/or "upsize" certain sewer system improvements which are not required for the development and use of the Project in order to provide capacity to future developments within the vicinity of the Project which will be serviced by this system, and City has agreed to pay Developer for the additional costs Developer will incur in connection therewith in accordance with the terms of this Agreement. The total scope of sewer improvement work that Developer has agreed to undertake consists of those sewer improvements shown and described in those certain City-approved plans identified as follows (i) TRACE PID Lift Stations, Onsite Forcemain & Gravity Sewer; San Marcos, Texas; Permit No. 2016-20438 dated 7-7-17. Revision I dated 8-9-2017; Revision 2 dated 12-22-2017; Revision 3 dated 1-12-2018, (ii) Electrical Specifications TRACE PID LS and FM; City of San Marcos,Texas dated 2-14-2017,and(iii)TRACE PID Phase 1B-Van Horn Trace; Road,Drainage and Utility Improvements; San Marcos, Texas; Permit No. 2016-20437 dated 8-9-2017. Revision I dated 12-8-2017; Revision 2 dated 2-8-18 (collectively, the "Approved Sewer Plans", with the aggregate scope of sewer improvements work described therein referred to herein as the "Public Improvements"). The scope of sewer improvements that Developer would have been required to construct to facilitate only the development and use of the Project in the absence of Developer's agreement to undertake the additional City requested upsizing and related work are referred to herein as the "Developer Improvements", and those additional improvements and "upsized" improvements that the City has requested which are in addition to,and/or beyond the scope of,the Developer Improvements are referred to herein as the "City Improvements". The location and alignment of the Public Improvements is generally depicted on Exhibit "A" attached hereto. 1.3 Attached hereto as Exhibit "B" is the mutually agreed-upon line item budget for the Public Improvements (the "Cost Allocation Schedule") which has been prepared based upon the Approved Sewer Plans and which identifies (i) the scope of work and associated budgeted costs for the Developer Improvements had Developer only undertaken that scope of work ("Developer Base Cost"), and (ii) those specific items which have been upsized or added to the scope of work as a result of the City Improvements and the additional associated budgeted costs related thereto which are in excess of the costs for the Developer Improvements (the "City Improvements Line 1