Res 2001-221 - Laserfiche WebLink

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240. OVERSIZE REIMBURSEMENT AGREEMENT FOR UTILITY IMPROVEMENTS This Agreement is made on December 18. , 2001 between the City of San Marcos, a Texas municipal corporation (the "City"), and Capstone Development Corporation (the "Developer"). RECIT ALS 1. The Subdivision Chapter (Chapter 110) of the San Marcos City Code governs the installation of public improvements associated with new developments in the City and its extraterritorial jurisdiction. This chapter also provides that the City may require a developer to install public improvements that are oversized with respect to City minimum standards or the needs of a development, and provides for the allocation of the cost of the improvements between the City and the developer. 2. The City desires to have the Developer make the following utility improvements (the "Utility Improvements") in connection with the Developer's construction of the Bobcat Village development (the "Development"), to provide for future City utility needs: The Riverside/MKT Wastewater Interceptor Project, consisting of approximately 9,000 linear feet of 27" diameter wastewater main and approximately 200 feet of 12" diameter wastewater main, and associated materials, equipment, and appurtenances, as described on the construction plans that are reviewed and approved by the City. 3. The City and the Developer are willing to jointly participate in funding the Utility Improvements, with the Developer paying 6.1 % of all costs related to the Utility Improvements, and the City paying for 93.9% of all costs for the Utility Improvements. The costs for the Utility Improvements include, without limitation, all costs for engineering, easement acquisition, construction administration and construction (including approved change orders). The City and the Developer agree that this cost- sharing arrangement approximates their respective shares of the capacity of the wastewater improvements to be installed through the Utility Improvements. AGREEMENT The City and the Developer, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. The Developer agrees to contract for and pay for all engineering services needed for all phases of construction of the Utility Improvements, including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases. The engineer engaged by the Developer (the "Engineer") must be a professional engineer registered in the State of Texas. The Developer will provide to the City a copy of the Developer's contract with the Engineer, and the Developer will make payments to the Engineer as they become due. The Developer will ensure that the Engineer coordinates the design and construction of the Utility 1