Res 2005-013 - Laserfiche WebLink

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Capital Improvement Agreement This Agreement is made on January 19 , 2005 between the City of San Marcos, a Texas rr:unicipa~ corporation (the "City"), 630 E. Hopkins, San Marcos, TX 78666, and Bobsco, Inc. (the "Developer"), P.O. Box 1001, Wimberley, TX 78676. Recihlls 1. Chapter 7, Public Facilities Standards, ofthe City Land Development Code provides for the installation of public improvements associated with new developments. Section 7.7.1.14 of the City Land Development Code allows the City to enter into a capital improvement agreement with a developer for the installation of public improvements that are oversized with respect to City minimum standards or the needs of the development. 2. The City desires to have the Developer make the following improvements (the "Improvements") in connection with the Developer's construction of water system improvements to serve the H&H Industrial Park (the "Development"), to provide for future City utility needs: Oversize of approximately 3,875 I.f. of C-900 water main from 8" to 12" diameter, and associated equipment and appurtenances 3. The Developer has provided the City with written verification of the cost of oversizing the Improvements as requested by the City, and the City and the Developer have agreed to allocate the cost ofthe Improvements as described in this Agreement. Agreement The City and the Developer, ill consideration of the mutual promises, covemmts and agreements set f011h in this Agreement, agree and contract as follows: 1. Constractio,. ofImilt"Ovemcuts. The Dev.eloper agrees to construct the Improvcm~nts as described on the construction plans for the Development approved by the City, and in accordance with the City's construction standards and specifications. 2. Project Management; Oversight by Engineer. Tht: Developer will act as project manager in the eonstmction of the Improvements. The Developer will ensure that the construction is carried out under the direct supervi~ion of a professional engineer registered in the State of Texas. 3. Reimbursement by City. The City agrees to pay to the Developer $37,567.50, being the cost for the oversizing of the Improvements being requested by the City. This payment will be made in a lump sum no later than 30 days after the completion of the Improvements and acceptance by the City. 4. Inspection and Accephmce. The City agrees to inspect the construction of the Improvements as construction progresses, to inspect H:c Improvements upon completion of