Laserfiche WebLink
<br />133. <br /> <br />REVISED <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on Ap r i 1 23 , 2002 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), and Capital Foresight, L.P. (the "Developer"). <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 desires to have the Developer make the following utility improvements (collectively <br />called the "Utility Improvements") in connection with the Developer's construction of Lot 1 of the <br />San Marcos Outlet Park subdivision (the "Development"), to provide for future City utility needs: <br /> <br />Oversize the wastewater main from an 8 inch to a 12 inch main <br />Oversize the water main from an 8 inch to a 10 inch main <br /> <br />3. The Developer has provided the City with a signed copy of the bid tabulation sheet used by the <br />Developer for the construction of the Utility Improvements, in accordance with the requirements <br />of Chapter 110 of the San Marcos City Code. <br /> <br />4. The City and the Developer agreed to allocate the cost of the Utility Improvements as described <br />in this Agreement. <br /> <br />5. The Developer completed the construction of the Utility Improvements as described on the <br />construction plans for the Development approved by the City, in accordance with the City's <br />construction standards and specifications. The construction was carried out under the direct <br />supervision of a professional engineer registered in the State of Texas. The Developer acted as <br />project manager in the construction of the Utility Improvements. <br /> <br />AGREEMENT <br /> <br />The City and the Developer, in consideration of the mutual promises, covenants and agreements <br />set forth in this Agreement, agree and contract as follows: <br /> <br />1. The City agrees to pay to the Developer $45,702.76, being the cost for the oversizing of the <br />Utility Improvements requested by the City. This payment will be made in a lump sum no later <br />than 30 days after the execution of this Agreement. <br /> <br />C:\TEMP\OVERSIZE REIMB-SAN MARCOS OUTLET PARK. DOC <br />