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<br />I <br /> <br />I <br /> <br />I <br /> <br />98. <br /> <br />REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on September 28 , 2004 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), and Ellis & Ellis, Inc. (the "Developer"). <br /> <br />RECIT ALS <br /> <br />1. The Subdivision Chapter of the San Marcos City Code provides for the installation of <br />certain public improvements associated with new subdivisions. This chapter also allows the City to <br />require a subdivision developer to install improvements that are oversized with respect to City <br />minimum standards or in excess of the needs of the subdivision, and provides for the allocation of <br />the cost ofthe improvements between the City and the developer. <br /> <br />2. The City desires to have the Developer make the following utility improvements <br />(collectively called the "Utility Improvements") in connection with the Developer's construction of <br />the San Marcos Outlet Park subdivision (the "Development"), to provide for future City utility <br />needs: <br /> <br />· Install an 8" wastewater main along the length of a roadway extension by the <br />Developer <br /> <br />· Install an 8" water main along the length of a roadway extension by the Developer <br /> <br />." <br /> <br />3. The Developer has provided the City with a signed copy of the bid tabulation sheet used <br />by the Developer for the construction of the Utility Improvements, in accordance with the <br />requirements of Chapter 110 of the San Marcos City Code. <br /> <br />4. The City and the Developer wish to allocate the cost of the Utility Improvements as <br />described in this Agreement. <br /> <br />AGREEMENT <br /> <br />The City and the Developer, in consideration of the mutual promises, covenants and <br />agreements set forth in this Agreement, agree and contract as follows: <br /> <br />1. The Developer agrees to act as project manager in the construction of the Utility <br />Improvements, to complete the construction of the Utility Improvements as described on the <br />construction plans for the Development approved by the City and in accordance with the City's <br />construction standards and specifications, and to carry out the construction under the direct <br />supervision of a professional engineer registered in the State of Texas. <br /> <br />2. The City agrees to pay to the Developer $43,775.00, being the cost for the installation of <br />the Utility Improvements requested by the City. This payment will be made in a lump sum no later <br />