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Res 2025-208 approving a Conceptual Planning Agreement with Upward Communities for redevelopment in downtown San Marcos known as the Hopkins Redevelopment Project, including a new City Hall
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Res 2025-208 approving a Conceptual Planning Agreement with Upward Communities for redevelopment in downtown San Marcos known as the Hopkins Redevelopment Project, including a new City Hall
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Resolutions
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Approving
Number
2025-208
Date
10/21/2025
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(iv) AHJ Approvals. The City will provide reasonable assistance to the Developer with all <br />contacts, meetings, and approvals with all Authorities Having Jurisdiction ("AHJs") in <br />connection with the Preliminary Development Activities. <br /> <br />Section 6. Preliminary Development Costs; Reimbursement. <br />(a) General. The Developer shall be responsible for the payment of all Preliminary Development <br />Costs (as defined below) out of its own funds but subject to reimbursement by the City as <br />provided herein; provided, however, that City may elect to fund all or any portion of the <br />Preliminary Development Costs prior to when reimbursement is due under Section 7(c). The <br />Preliminary Development Activitiesshall be performed directly by the Developer or the <br />Developer Parties. <br />(b) Concept Refinement Phase Budget. The Developer has prepared a budget and schedule of its <br />estimated Preliminary Development Costs for the Concept Refinement Phase.The Concept <br />Refinement Phase Budget may be amended or revised by the mutual agreement of the Parties. <br />The Developer may reallocate amounts between budget line items to the extent that it does not <br />change the overall mutually agreed upon scope, except for the Developer's fixed fee, which <br />will be fixed. <br />(c) Predevelopment Phase Budget. As part of the Final Development Proposal, the Developer will <br />prepare a detailed budget and schedule of its estimated Preliminary Development Costs for the <br />Predevelopment Phase (the "Predevelopment Phase Budget" and together with the Concept <br />Refinement Phase Budget, the "PDA Budgets"). The City's approval of the Final Development <br />Proposal will be deemed the City's approval of the Predevelopment Phase Budget. The <br />Predevelopment Phase Budget may be amended or revised by the mutual agreement of the <br />Parties. The Developer may reallocate amounts between budget line items to the extent that it <br />does not change the overall mutually agreed upon scope, except for the Developer's fixed fee, <br />which will be fixed. <br />(d) Preliminary Development Costs. For purposes hereof, "Preliminary Development Costs" are <br />limited to and include only (i) the third-party costs set forth in the CPA Budget and actually <br />incurred or expensed by the Developer for contractors (and their subcontractors), design <br />professionals, consultants (and their subconsultants), other architectural and engineering design <br />professionals (including costs of preconstruction services of third party project contractor(s)) <br />(collectively, "Third-Party Costs"); and (ii) the Developer's fixed fee as set forth in the PDA <br />Budgets. <br />(e) Reimbursement by the City. The City agrees to reimburse the Developer for its Reimbursable <br />Preliminary Development Costs (defined below), subject to and in accordance with the terms <br />of this Agreement, as follows: <br />(i) Concept Refinement Phase. The City shall reimburse the Developer for all <br />Reimbursable Preliminary Development Costs incurred during the Concept <br />Refinement Phase, pursuant to monthly invoices, in an amount not to exceed <br />$767,970.00. City staff shall confer with Developer prior to commencement of <br />conceptual refinement phase to finalize a detailed scope of work and finalized concept <br />refinement budget. Finalized scope of work and finalized budget shall be completed <br />C ONCEPTUAL P LANNING A GREEMENT (H OPKINS R EDEVELOPMENT P ROJECT) P AGE 7 <br /> <br />
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