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<br />83 <br /> <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS AND ADVANCE COMMITMENT <br />AGREEMENT FOR WASTEWATER SYSTEM CAPACITY <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />This Agreement (the "Agreement") is made on March 22, 1999 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), and Prime Outlets at San Marcos II, a limited <br />liability corporation ("SMII"). <br /> <br />RECITALS <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 that are developed within the City's <br />jurisdiction. This chapter also allows the City to require a subdivision developer to install <br />improvements that are oversized with respect to City minimum standards or the needs of the <br />subdivision, and provides for the City to reimburse the developer for the increase in the cost of the <br />improvements associated with the oversizing of the improvements. <br />2. The City desires to have SMII construct certain wastewater system improvements (the <br />"Wastewater Improvements") which include but are not limited to the installation of a fifteen inch <br />(15") gravity flow wastewater line from SMII's existing mall site to a proposed new lift station site, <br />the abandonment of the existing six inch (6") force main, the conversion of the existing lift station <br />from a functioning pump station to a wet well/manhole by the removal of existing pumps, and the <br />connection ofthe wet well to the new fifteen inch (15") gravity line, and the oversizing of the new <br />wastewater lift station wet well to be constructed by SMII in connection with the Prime 1 <br />Subdivision (the "Subdivision"), which SMII is in the process of developing and platting, to provide <br />for future City wastewater collection needs in the area of the Subdivision. <br />3. SMII desires to oversize the Wastewater Improvements relative to the needs of the <br />Subdivision in order to be able to reserve capacity in the improvements for possible further <br />development in the area of the Subdivision to be undertaken by SMI!. <br />4. The City and SMII have agreed to allocate the cost of the Wastewater Improvements, <br />taking into account the oversizing requested by the City and the reserved capacity desired by SMII, <br />