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<br />133. <br /> <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on July 9, <br />Marcos, a Texas municipal corporation (the "City"), <br />"Developer"). <br /> <br />, 2002 between the City of San <br />and T.P. Gilmore Company, Inc. (the <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 the Gilmore <br />Industrial Park Subdivision (the "Subdivision"), to provide for future City utility needs: <br /> <br />A. Install oversized wastewater lift station <br />B. Install oversized water line <br /> <br />3. The Developer has completed the construction of the Utility Improvements, and has provided <br />the City with a signed copy of the invoice from the construction contractor for the construction of <br />the Utility Improvements, in accordance with the requirements of Chapter 110 of the San Marcos <br />City Code. <br /> <br />4. The City and the Developer have agreed to allocate the cost of the Utility Improvements as <br />described in this Agreement. <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 $32,906.50, being the cost for the oversizing of the <br />Utility Improvements being requested by the City. This payment will be made in a lump sum no <br />later than 30 days after execution of this agreement by both parties. <br /> <br />2. This Agreement and the provision of utility services through the Utility Improvements are <br />subject to all valid and applicable ordinances, rules, regulations, and laws ofthe City and all other <br />