Res 2003-137 - Laserfiche WebLink

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52. WATER UTILITY IMPROVEMENT AGREEMENT This Agreement is made on , 2003 between the City of San Marcos (the "City"), Bennett R, ealty Group ("Bennett"), and Dam Blanco -p~,ef¡:næ ("Blanco") (referred to ~ individually as "Party" and collectively as the "Parties"). .;.JDt" VIÙ1 r., U -- RECITALS 1. The City Council has approved a Wastewater Utility Improvement Agreement (the "Wastewater Agreement") with Bennett, Blanco, and other parties to jointly participate in funding the costs ofthe North IH-35 Wastewater Improvements Project. 2. In connection with the Wastewater Agreement, the City Council agreed to consider a request by Bennett and Blanco for an agreement under which Bennett and Blanco would construct improvements to the City's water system, and the City would reserve capacity in the improvements to serve the tracts of real property owned by Bennett and Blanco as depicted on the map attached as Exhibit A in accordance with this Agreement. The Parties have determined that part of these water system improvements will consist of the following: Approximately 2,250 linear tèet of 16" and approximately 1,250 linear feet of 12" water main from the City's existing water main along IH-35 North to the property of Bennett!Blanco, and associated materials, equipment, and appurtenances (the "IH-35 Project"). AGREEMENT The Parties, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. Designation ofIH-35 Project Manager. The Parties agree that Bennett shall serve as IH-35 Project manager (the "IH-35 Project Manager") for the construction of the IH-35 Project. Bennett shall not charge or receive any fee for its services as the IH-35 Project Manager. 2. Engagement ofIH-35 Project Engineer. The Parties agree that the IH-35 Project Manager will contract for and arrange for payment of all engineering services needed for construction of the IH- 35 Project, including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases for the IH-35 Project. The IH-35 Project Engineer engaged by the IH-35 Project Manager (the "IH-35 Project Engineer") must be a professional engineer registered in the State of Texas. 3. IH-35 Project Engineer's Services. The Parties agree that the IH-35 Project Manager will ensure that all construction work on the IH-35 Project is performed under the supervision and oversight ofthe IH-35 Project Engineer, including the following: A. The IH-35 Project Engineer will coordinate the design and construction of the IH-35 Project with the City. B. The IH-35 Project Engineer will prepare plans and specifications for the IH-35 Project in 1