Res 2024-112 approving a developer participation agreement with McCoy Corporation, providing for the city to participate in the cost of wastewater facility improvements

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DEVELOPER PARTICIPATION AGREEMENT This agreement (the "Agreement") is entered into effective , 2024(the"Effective Date")by and between the City of San Marcos,a Texas municipal corporation (the"City"), and McCoy Corporation, a Texas corporation (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 commonly known as the McCoy's Retreat Center in San Marcos, Hays County, Texas (the "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 there is a public need to oversize all or portions of such public improvements beyond what is required for the Development and,therefore,wishes to contract with the Developer to provide for the construction and allocation of costs for such oversizing. The improvements to be constructed by Developer pursuant to this Agreement are: (i) an 18" wastewater line (depicted and shaded in purple on Exhibit "B" attached hereto) (the "Wastewater Line"); (ii) a wastewater force main (depicted and shaded in green on Exhibit "B" attached hereto) (the "Developer Force Main"); (iii) an 8' tall stone fence with a lockable, sliding gate,to be constructed around the Lift Station (as hereinafter defined) (depicted in red on Exhibit "B" attached hereto) (the "Lift Station Fence"; the Wastewater Line, the Developer Force Main and the Lift Station Fence are herein referred to collectively as the "Improvements"). 1.4 The City intends to construct a continuation of the Developer Force Main(the"City Force Main")and a Lift Station(the"Lift Station")pursuant to separate written easement executed by the Developer and the City,substantially as depicted and shaded in blue on Exhibit`B"attached hereto (the City Force Main and the Lift Station, collectively,the"City Improvements"). 1.5 The Developer has requested the Improvements be established as a Pro Rata Improvement, in accordance with Chapter 86,Article 1, Division 2—Pro Rata Fees for Water and Wastewater Line Extensions, and fees assessed to properties identified within the service area of 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 constructed by the Developer according to the final plans and specifications acceptable to and approved by the City in