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DEVELOPER PARTICIPATION AGREEMENT <br />This agreement (the "Agreement") is entered into effective December_, 2019 (the "Effective <br />Date") by and between the City of San Marcos, a Texas municipal corporation (the "City"), and <br />Cheatham Street Flats, LLC (the "Developer"). <br />I. RECITALS <br />1.1 Section 212.071 and 212.904 of the Texas Local Government Code authorizes the City <br />to participate with a developer of a subdivision or land in the cost to construct public improvements. <br />1.2 The Developer is developing a tract of land known as Cheatham Street Flats in San <br />Marcos, Hays County, Texas (the "Development"). The Developer is obligated under applicable <br />ordinances to construct and dedicate certain public improvements necessary to support the <br />Development. <br />1.3 The City has determined that there is a public need to oversize all or portions of such <br />public improvements beyond what is required for the Development and, therefore, wishes to contract <br />with the Developer to provide for the construction and allocation of costs for such oversizing. <br />Additionally, the City wishes to contract with the Developer to provide for the construction and <br />allocation of costs of certain improvement in the public right-of-way adjacent to the Development as <br />a convenience to the City while the Developer prosecutes other work. The improvements needed for <br />the Development and the additional improvements requested by the City are, collectively, the <br />"Improvements." <br />II. AGREEMENT <br />In consideration of the mutual benefits to and obligations of the parties under this Agreement, the <br />parties agree to the following terms and conditions: <br />2.1 Design and Construction of Improvements <br />2.1.1 Construction. The Improvements will be constructed by the Developer <br />according to the final plans and specifications acceptable to and approved by the City in <br />accordance with the City's applicable ordinances, standards and processes. <br />2.1.2 Project Manager. The Developer will act as project manager in the <br />construction of the Improvements. If the plans for the Improvements are required to be sealed <br />by a professional engineer, the Developer will ensure that the construction is carried out under <br />the observation of a professional engineer registered in the State of Texas. <br />21.3 Independent Contractor. The Developer shall be solely responsible for <br />selecting, supervising and paying the construction contractor(s) or subcontractors and for <br />complying with all applicable laws, including but not limited to all requirements concerning <br />workers compensation and construction retainage. The parties agree and understand that all <br />contractors, employees, volunteers and personnel furnished or used by the Developer in the <br />