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<br />59, <br /> <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HA YS <br /> <br />This Agreement is made on March 7 , 2000 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), and U.S. Properties (the "Developer"). <br />RECITALS <br /> <br />1. The Subdivision Chapter of the SaIl Marcos City Code provides for the installation of <br />certain public improvements associated with new subdivisions. This chapter also allows the City <br />to require a subdivision developer to install improvements that are oversized with respect to City <br />minimum standards or the needs of the subdivision, and provides for the allocation of the cost of <br />the improvements between the City and the developer. <br />2. The City desires to have the Developer oversize a wastewater line and install two <br />manholes (the "Wastewater Improvements") in connection with Lot 3, Section 1 of the McKinley <br />Place Subdivision (the "Subdivision") to provide for future City wastewater needs in connection <br />with the Eastside Interceptor Phase II and IH-35 Sewer Relief Line Project. <br />3. The City and the Developer have agreed to allocate the cost of the Wastewater <br />Improvements as described in this Agreement. <br />AGREEMENT <br /> <br />The City and the Developer, in consideration of the mutual promises, covenants and <br /> <br />agreements set forth in this Agreement, agree ~J1d contract as follows: <br />1. The Developer agrees to construct the Wastewater Improvements as described on the <br />construction plans for Lot 3, Section 1 of the Subdivision approved by the City. <br />2. The Developer agrees that the Wastewater Improvements will be constructed according <br />to the City's construction standards and specifications. <br />3. The Developer will act as project manager in the construction of the Wastewater <br />Improvements. The Developer will ensure that the construction i~ carried out under the direct <br />supervision of a professional engineer registered in the State of Texas. <br />4. The Developer has provided the City with a copy of the bid form provided by its <br />