Res 2003-137 - Laserfiche WebLink

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55. WATER UTILITY IMPROVEMENT AGREEMENT This Agreement is made on ~....r"" 2. ~. , 2003 between the City of San Marcos (the "City"), and Agua Tierra Holdings, Ltd., a Texas limited partnership ("Agua Tierra") (referred to individually as "Party" and collectively as the "Parties"). RECITALS 1. The City Council has approved a Wastewater Utility Improvement Agreement (the "Wastewater Agreement") with Bennett Realty Group and other parties to jointly participate in funding the costs of the North IH-35 Wastewater Improvements Project. 2. In connection with the Wastewater Agreement, the City Council agreed to consider a request by the owners of the properties covered by the Wastewater Agreement for an agreement under which improvements to the City's water system would be constructed, and the City would reserve capacity in such improvements to serve the tracts of real property covered by the Wastewater Agreement. 3. Agua Tierra has entered into contracts for the purchase of the real property designated as the Bennett property in the Wastewater Agreement, and Agua Tierra has requested approval for it 'to construct improvements to the City's water system to serve the Bennett property. 4. The City has determined that the water system improvements required to serve the Bennett property, and other properties covered by the Wastewater Agreement, will consist of the following: Approximately 15,000 linear feet of 16" water main fTom the City's existing water main along Post Road to the Bennett property, and associated materials, equipment, and appurtenances (the "Post Road Project") AGREEMENT The Parties, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. Engagement of Engineer. Agua Tierra agrees to contract for and pay for all engineering services needed for construction of the Post Road Project, including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases for the Post Road Project. The engineer engaged by Agua Tierra (the "Post Road Project Engineer") must be a professional engineer registered in the State of Texas. 2. Oversizing. The City reserves the right to direct that the size of the 16" water main comprising the Post Road Project be increased for the purpose of facilitating the City's installation of water storage improvements to serve the City's water system in the area of the Post Road Project, and not for the 1