Res 2003-167 - Laserfiche WebLink

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162. AMENDED AND RESTATED WASTEWATER UTILITY IMPROVEMENT AGREEMENT This Amended and Restated Agreement is made on .JJ/.2Ph>#- ,2003 between the City of San Marcos (the "City"), Bennett Realty Group ("Ifennett"), Perry Financial Corporation ("Perry"), Chuck Nash ("Nash"), Dam Blanco Joint Venture ("Blanco"), Interstate 35 IV. ("Interstate") and Sun Saddlebrook Limited Partnership ("Sun"). Each of these parties may be referred to individually as "Party". The City, Bennett, Perry, Nash, Blanco, Interstate and Sun may be referred to as the "Parties". The City, Bennett and Blanco may be referred to as the "Phase 2 Parties". RECITALS 1. The San Marcos City Code provides for the City to participate in the cost of public improvements installed in cOlmection with a development if the improvements are oversized with respect to City minimunl standards or the needs of the development. 2. The Parties wish to jointly participate in funding the costs of the following public improvements in accordance with the terms of this Agreement, and in exchange, to have the City reserve capacity in the improvements to serve the tracts of real property owned by the Parties (other than the City) as depicted on the map attached as Exhibit A in accordance with this Agreement: The North lH-35 Wastewater Improvements Project (the "Project"), consisting of approximately 12,435 linear feet of wastewater mains ranging in diameter from 12" to 24", and associated materials, equipment, and appurtenances (the "Facilities"), as described in the Engineering Report for Evaluation of Wastewater Improvements along lH-35 North of the Blanco River, prepared by Baker-Aicklen & Associates, Inc. and dated July 15,2002. The Project will be constructed in two phases, the first of which (the "Phase 1 Project") will consist of approximately 9,035 linear feet of wastewater mains ranging in diameter from 12" to 24", and associated materials, equipment, and appurtenances (the "Phase 1 Facilities"), and the second of which (the "Phase 2 Project") will consist of approximately 3,400 linear feet of wastewater mains ranging in diameter from 12" to 15" or 18", and associated materials, equipment, and appurtenances (the "Phase 2 Facilities"). AGREEMENT The Parties, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. Phase 1 Proiect. 1.1. Designation of Project ManagerJor Phase 1 Project. The Parties agree to engage Project Manager 1-35, Inc. to serve as project manager (the "Phase 1 Project Manager") for the construction of the Phase 1 Project. The Parties other than the City agree to pay all expenses for the formation of Project Manager 1-35, Inc. as a corporate entity in accordance with their respective cost sharing percentages for the Phase 1 Project as described in Paragraph 1.6 below. The Parties agree that all expenses for the operation of Project Manager 1-35, Inc. will be paid as costs ofthe Phase 1 Project in accordance with Paragraph 1.6 below. The documents forming Project Manager 1-35, Inc., including the documents that define the role, purposes, authority and decision-making processes of the entity, have been approved by all of the Parties, and the process of forming the entity is complete and assented to by all of the 1