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<br />90. <br /> <br />AMENDED AND RESTATED <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on April 9 , 2002 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), and the Embree Group, Inc. (the "Contractor"). <br /> <br />RECITALS <br /> <br />1. The Subdivision Chapter of the San Marcos City Code provides for the installation of certain <br />public improvements associated with new subdivisions. This chapter also allows the City to require <br />a subdivision developer to install improvements that are oversized with respect to City minimum <br />standards or the needs of the subdivision, and provides for the allocation of the cost of the <br />improvements between the City and the developer. <br /> <br />2. The City requested that the developer of the Shell Food Mart/Quizno's subdivision at the <br />intersection of Wonder World Drive and IH-35 (the "Subdivision"), U.S. Restaurant Properties, Inc. <br />(the "Developer"), install an oversize, 10" diameter wastewater utility line (the "Utility <br />Improvements") associated with the Subdivision to provide for future City utility needs. <br /> <br />3. The Developer, through its contractor, the Embree Group, Inc. (the "Contractor"), completed <br />the Utility Improvements in accordance with the requirements of Chapter 110 of the San Marcos <br />City Code. <br /> <br />4. This Agreement amends, restates and supersedes the agreement between the parties dated <br />February 28, 2000. <br /> <br />AGREEMENT <br /> <br />The City and the Contractor, in consideration of the mutual promises, covenants and agreements <br />set forth in this Agreement, agree and contract as follows: <br /> <br />1. In consideration for the Contractor's completion of construction of the Utility Improvements as <br />described on the construction plans approved by the City, in accordance with the City's construction <br />standards and specifications, the City agrees to pay to the Contractor $ . the cost for <br />the oversizing of the Utility Improvements that were requested by the City. This payment WI <br />made in a lump sum no later than 30 days after the date of completion of the Utility Improvements. <br /> <br />2. This Agreement and the provision of utility services through the Utility Improvements are subject <br />to all valid and applicable ordinances, rules, regulations, and laws of all governmental agencies <br />having lawful jurisdiction over them. <br /> <br />1 <br /> <br />C\TEMP\OVERSIZE REIMB-EMBREE.DOC <br /> <br />