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DEVELOPER PARTICIPATION AGREEMENT <br /> This agreement (the "Agreement") is entered into effective , <br /> 2024(the"Effective Date")by and between the City of San Marcos,a Texas municipal corporation <br /> (the"City"), and Palace Way Partners, LLC (the "Developer"). <br /> I. RECITALS <br /> 1.1 Section 212.071 of the Texas Local Government Code authorizes the City to <br /> 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 the Palace Way Subdivision <br /> in San Marcos, Hays County, Texas (the "Development"). The Developer is obligated under <br /> applicable ordinances to construct and dedicate certain public improvements necessary to support <br /> the Development. <br /> 1.3 The City has determined that there is a public need to oversize all or portions of <br /> such public improvements beyond what is required for the Development and,therefore,wishes to <br /> contract with the Developer to provide for the construction and allocation of costs for such <br /> oversizing. The improvements needed for the Development and the additional improvements <br /> requested by the City are, collectively, the "Improvements." <br /> 1.4 The Developer has requested the Improvements be established as a Pro Rata <br /> Improvement, in accordance with Chapter 86,Article 1,Division 2—Pro Rata Fees for Water and <br /> Wastewater Line Extensions, and fees assessed to properties identified within the service area of <br /> the Improvements. <br /> II. AGREEMENT <br /> In consideration of the mutual benefits to and obligations of the parties under this Agreement, <br /> the 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 and 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 <br /> sealed by a professional engineer,the Developer will ensure that the construction is carried <br /> out under the direct supervision of a professional engineer registered in the State of Texas. <br /> 2.1.3 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 <br />