Res 2000-021 - Laserfiche WebLink

Home Browse Search

144. OVERSIZE REIMBURSEMENT AGREEMENT FOR UTILITY IMPROVEMENTS STATE OF TEXAS COUNTY OF HAYS This Agreement is made on February 15, 2000 between the City of San Marcos, a Texas municipal corporation (the "City"), and Mr. Jim Wise (the "Developer"). RECITALS 1. The Subdivision Chapter of the San Marcos City Code provides for the installation of certain public improvements associated with new subdivisions. This chapter also allows the City to require a subdivision developer to install improvements that are oversized with respect to City minimum standards or the needs of the subdivision, and provides for the allocation of the cost of the improvements between the City and the developer. 2. The City required the Developer to oversize an 8 inch water line extension (the "Water line Improvements") to a 12 inch water main constructed by William Wilke Construction Company in connection with the Highway 123 Business Park (the "Subdivision") in preparation for a future 12 inch loop along Highway 123 to Wonder World Drive. 3. The City and the Developer agreed to allocate the cost of the Water Line Improvements as described in this Agreement. 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 construct the Water Line Improvements as described on the construction plans for the Subdivision approved by the City. 2. The Developer agrees that the Water Line Improvements were constructed according to the City's construction standards and specifications. 3. The Developer acted as project manager in the construction of the Water Line Improvements. The Developer ensured that the construction was carried out under the supervision of a professional engineer registered in the State of Texas. 4. The Developer provided the City with a copy of the bid forms provided by its contractor, including an itemization of the cost for the over-sizing of the Water Line Improvements requested by the City. 5. The City agrees to pay to the Developer $8.076.75 for the cost of the over-sizing of the Water Line Improvements being requested by the City. This payment will be made in a lump sum no later than 30 days after the execution of this Agreement. 6. The City has inspected the construction of the Water Line Improvements as construction progressed, inspected the Water Line Improvements upon completion of construction, and accepted the Water Line Improvements upon the passing of final inspection. 7. This Agreement and the provision of water service ~through the Water Improvements are subject to all valid and applicable ordinances, rules, regulations, and