Res 2000-237 - Laserfiche WebLink

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208. OVERSIZE REIMBURSEMENT AGREEMENT FOR L'TILITY IMPROVEMENTS This Agreement is made on December 12 , 2000 between the City of San Marcos, a Texas municipal corporation (the "City"), and the Embree Healthcare Group, Inc. (the "Contractor"). 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 requested that the developer of the La Vista subdivision (the "Subdivision"), La Vista Foundation I, LLP, (the "Developer") oversize certain water and wastewater utility improvements (the "Utility Improvements") associated with the Subdivision to provide for future City utility needs. 3. The Developer, through the Contractor, completed the Utility Improvements in accordance -vvith the requirements of Chapter 110 of the San Marcos City Code. 4. The Contractor has submitted an invoice to the City for the Utility Improvements on the basis that the Developer is no longer involved in the Subdivision and has refused to pay the Contractor for the Utility Improvements. AGREEMENT The City and the Contractor, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. In consideration for the Contractor's completion of construction of the Utility Improvements as described on the construction plans for the Subdivision approved by the City, in accordance with the City's construction standards and specifications, which was carried out under the direct supervision of a professional engineer registered in the State of Texas, the City agrees to pay to the Contractor $50,932, being the cost for the over sizing of the Utility Improvements that were requested by the City. This payment will be made in a lump sum no later than 30 days after the date of this Agreement. 2. This Agreement and the provision of utility services through the Utility Improvements are subject to a~l valid an~ a~pl~c~ble ordinances, rules, regulations, and laws of all go.'~e. .f~ental-a~~~1? ~ havmg lawful JUrISdIctIOn over them. . ;: .1:::=-.::... '~..2, 1 i 11 ;: . '/1 .; Ii! .' -' j . .,! (.J II DEL I \) ')OU'10 : ,.1 i 'r" \ U L 'l) ~I tlU I; ; I! ' 1'/;' r.....:; . ~ C:\CORELlWPDOCS\COJ\TRACT\OVERSIZE REIMB-LA VISTA DOC