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<br />39. <br /> <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on June 12 , 2001 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), and J.M.C. Realty, Inc. (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 the San <br />Marcos Toyota development (the "Development"), to provide for future City utility needs: <br /> <br />Oversize the water main from an 8 inch to a 12 inch main between the Tanger Outlet Mall <br />and Posey Road. <br /> <br />Oversize the wastewater force mains to increase the capacity by 67 percent. <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 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 Developer agrees to construct the Utility Improvements as described on the construction <br />plans for the Development approved by the City, in accordance with the City's construction <br />standards and specifications. <br /> <br />2. The Developer will act as project manager in the construction of the Utility Improvements. The <br />Developer will ensure that the construction is carried out under the direct supervision of a <br />professional engineer registered in the State of Texas. <br /> <br />3. The City agrees to pay to the Developer $174,675.61 being the cost for the oversizing of the <br /> <br />C:\TEMP\OVERSIZE REIMB-FORM.DOC <br />