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<br />105. <br /> <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVBMBNTS <br /> <br />n,i.s Agreement is made 011 , 2000 between the City of San <br />Marcos, a Texas municipal corporation (the I.Cityl~). and David Phillips (the "D~vcloper"). <br /> <br />~BCIT JV-S <br /> <br />1. The Subdivision Oaapterofthe San Mw-cos CityCodeprovidc:ls forthemstallation of certain public <br />improvements associated with ne"tlV subdivisions. Thiscllaptcr aJsoa11ows the City to require a lilubdivisj an <br />developerwinstalJ improvements that are ovasized with rcspecttoCity minimum standards or the needs <br />oft:hesubdivision, and pl'Ovides for theallocationofthe cost Qfthc improvemems between the Oty and <br />the developer. <br /> <br />2, The City requested that the Developer make the following utility improvements (thet'Utllity <br />lmprovements") incoonection with the Developer's construction of1hePaltRoad~ Subdivision <br />(the "Subdivision"). to p!ovidc for future City utility necd.~; <br /> <br />Approximately 942 linear feet of 8" wastewater main OYelSiud to 12l. <br /> <br />3. The Develope:r tla'll , tbroughac:ontt'actol'. completed the Utility Improvements, and has pwvidedthe <br />City with a signed copy of the oonl1'actor's ~ tabulalions related to the constluction of the U tit ity <br />Improvements, in accordance with the requirements of Chapter 110 of the San MarcOfl City Code. <br /> <br />4. The City and the Developt)' havcagreedtD allocatethe COfit of tho Utility Imp:ovemenlS as described <br />ill this Agreement. <br /> <br />AGReSME.NT <br /> <br />TheCjty andthe Developer. in consida:atioo of the mutual promises, covenants Eilid agreements set forth <br />in this Agreement, agree and contract as follows: <br /> <br />1. In con.~ideration for the Developer's completion of construction of the Uti hty Impl'Clvements as <br />described on theCanstroctiOll plw !m'lhc Subdivisim approved by the City ,in accordance with the City's <br />constmction standards and specifications. which WM carried out under the ditett 8upervisicm of a <br />profe.~siona1 enwneerregiste:redinthe State of Texas , tbeCity agrees to pay to the Developer $30,7S8 S 1, <br />being the cost fortJu:: ov<<sizing of the Utility Improvements tha:twerc: req~ted. by the City. Thili paYJMU. <br />will be made in a lump sum no later than 30 days after the date of this agreement, <br /> <br />:2. The Ot"veloperw81l"ants the Unlity Improvtments agaiWltdefects in material5 and wOi'kmanship for a <br />period ~f one YcaI' aftef the UltHty Impj'l)ven:J.ents were completed and accepted by the City. <br /> <br />".\I"'~>JllO'YI\8"'lOiIl.o"'Wu,,~_\1oftq.. ........-M\I\IM~~-W\l<1 <br />