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<br />65.
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<br />Capital Imp.rovement Agreement
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<br />This Agreement is made on January 19 , 2005 between the City of San
<br />Marcos, a Texas municipal corporation (the "City"), 630 E. Hopkins, San Marcos, TX 78666, and
<br />Bobsco, Inc. (the "Developer"), P.O. Box 1001, Wimberley, TX 78676.
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<br />Recitals
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<br />1. Chapter 7, Public Facilities Standards, of the City Land Development Code provides for
<br />the installation of public improvemwts associated with Dew developments. Section 7.7.1.14 of the
<br />City Land Development Code allows the City to enter into a capital improvement agreement with a
<br />developer for the installation of public improvements that are oversized with respect to City
<br />minimum standards or the needs of the development.
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<br />2. The City desires to have the Developer make the following improvements (the
<br />"Improvements") in COllllectiol1 with the Developer's construction of water system improvements to
<br />serve the 11&H Industrial Park (the "Development"), to provide for future City utility needs:
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<br />Oversize of approximately 3,875 l.f. of C-900 water main from 8" to 12" diameter, and associated
<br />equipment and appul1el1ances
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<br />3. The Developer has provided the City with written verification of the cost of oversizing
<br />the Improvements as requested by the City, and the City and the Developer have agreed to allocate
<br />the cost of the Improvements as described in this Agreement.
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<br />Agreement
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<br />The City and the Developer, in consideration of the mutual promises, covenants and
<br />agreements set forth in this Agreement, agree and contract as follows:
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<br />described on the construction plans for the Development approved by the City, and in accordance
<br />with the C:ty's constmctiol1 standards and specifications.
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<br />2. Project Management; Oversight by Engineer. The Developer will act as project
<br />manager in the constnlction of the Improvements. The Developer will ensure that the construction is
<br />canied out under the direct supervision of a professional engineer registered in the State of Texas.
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<br />3. Reimbursement by City. The City agrees to pay to the Developer $37,567.50, being the
<br />cost for the oversizing of the Improvements being requested by the City. This payment will be made
<br />in a lump sum no later than 30 days after the completion of the Improvements and acceptance by the
<br />City.
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<br />4. Inspection and Al'ccptance. The City agrees to inspect the construction of the
<br />Improvements as construction progresses, to inspect the Improvements upon completion of
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