Res 2021-003/approving a Developer Participation Agreement providing for the City to participate in the cost of extending wastewater infrastructure from the Trace Subdivision to the Posy Business Park area in the amount of $850,248

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DEVELOPER PARTICIPATION AGREEMENT This Developer Participation Agreement ("Agreement") is entered into effective January 5, 2021 ("Effective Date") by and between the City of San Marcos, a Texas municipal corporation (the "City"), and Lemuel Allen Jr. (the "Developer"). I. RECITALS 1.1 Section 212.071 of the Texas Local Government Code authorizes the City to participate with a developer of a subdivision or land in the cost to construct public improvements. 1.2 The Developer is developing a tract of land known as Posey Road Wastewater Extension in San Marcos, Hays County, Texas ("Development"). The Developer is obligated under applicable ordinances to construct and dedicate certain public improvements necessary to support the Development. 1.3 The City has determined that it is consistent with the public infrastructure plans of the City and that there is a public need to participate in this construction in order to provide wastewater services to a currently unserved area of the City and ETJ and, therefore, wishes to contract with the Developer to provide for the construction and allocation of costs for such improvements. The improvements needed for the Development and the additional improvements requested by the City are, collectively, the "Improvements." II. AGREEMENT In consideration of the mutual benefits to and obligations of the parties under this Agreement, the parties agree to the following terms and conditions: 2.1 Design and Construction of Improvements 2.1.1 Construction. The Improvements will be and constructed by the Developer according to the final plans and specifications acceptable to and approved by the City in accordance with the City's applicable ordinances, standards and processes. 2.1.2 Project Manager. The Developer will act as project manager in the construction of the Improvements. If the plans for the Improvements are required to be sealed by a professional engineer, the Developer will ensure that the construction is carried out under the direct supervision of a professional engineer registered in the State of Texas. 2.1.3 Independent Contractor. The Developer shall 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 concerning workers compensation and construction retainage. The parties agree and understand that all contractors, employees, volunteers and personnel furnished or used by the Developer in the installation of the Improvements shall be the responsibility of the Developer and shall not be deemed employees or agents of City for any purpose.