Res 2002-216 - Laserfiche WebLink

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52. W ASTEW ATER UTILITY IMPROVEMENT AGREEMENT This Agreement is made on December 10 ,2002 between the City of San Marcos (the "City"), Bennett Realty Group ("Bennett"), Per;y Financial Corporation ("Perry"), Chuck Nash ("Nash"), and Dam Blanco Partnership ("Blanco") (referred to individually as "Party" and collectively as the "Parties"). RECIT ALS 1 . The San Marcos City Code provides for the City to participate in the cost of public improvements installed in connection with a development if the improvements are oversized with respect to City minimum standards or the needs of the development. 2. The Parties wish to jointly participate in funding the costs of the following public improvements in accordance with the terms of this agreement, and in exchange, to have the City reserve capacity in the improvements to serve the tracts of real property owned by the Parties (other than the City) as depicted on the map attached as Exhibit A in accordance with this Agreement: The North IH-35 Wastewater Improvements Project (the "Project"), consisting of approximately 12,435 linear feet of wastewater mains ranging in diameter from 12" to 24", and associated materials, equipment, and applllienances (the "Facilities"), as described in the Engineering Report for Evaluation of Wastewater Improvements along IH-35 North of the Blanco River, prepared by Baker-Aicklen & Associates, Inc. and dated July 15,2002. AGREEMENT The Parties, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. Designation of Project Manager. The Parties agree to engage a limited liability corporation or partnership, to be formed by the Parties other than the City, to serve as project manager (the "Project Manager") for the construction of the Project. The Parties other than the City agree to pay all expenses for the formation of the corporation or partnership in equal shares. The Parties agree that all expenses for the operation of the corporation or partnership will be paid as costs of the Project in accordance with Paragraph 7 below. The documents forming the corporation or partnership, including the documents that define the role, purposes, authority and decision-making processes of the entity, shall be subject to approval by all of the Parties. If the process of forming the entity is not complete and assented to by all of the Parties that make their first escrow payments under Paragraph 7.A.l by January 15,2003, this Agreement will be automatically tenninated and the Parties will have no further obligations under this Agreement. 2. Engagement of Engineer. The Parties agree that the Project Manager will contract for and arrange for payment of all engineering and survey services needed for all phases of construction of the Project, including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases. The engineer engaged by the Project Manager (the "Engineer") must be a professional engineer registered in the State of Texas. The Project Manager will provide a copy of the Project Manager's contract with the Engineer to each of the Parties. 1