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<br />REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on September 15,2006 between the City of San Marcos, a Texas <br />mUnIcipal corporation (the "City"), and McAden Cumby Builders (the "Developer"). <br /> <br />RECITALS <br /> <br />I. The Subdivision Chapter of the San Marcos CIty Code provides for the installation of certain <br />public improvements associated with new subdivisions. ThIS chapter also allows the City to require <br />a subdivision developer to install improvements that are oversIzed with respect to City minimum <br />standards or the needs of the subdivision, and provIdes for the allocation of the cost of the <br />improvements between the City and the developer. <br /> <br />2. The City requested that the developer ofthe Red Robin and Seattle Coffee Restaurants located at <br />the intersection of Guadalupe and 1-35, install an 8" waterline from Guadalupe Street to North <br />L.B.J. (collectively called the "Utihty Improvements") In connection wIth the Developer's <br />construction of the Red Robin-Seattle Best Subdivision (the "SubdiVIsion"), to provide for future <br />CIty utility needs: <br /> <br />3. The Developer, through its contractor (Cooper Plumbing) completed the Utihty Improvements, <br />in accordance with the City's requirements. The water line is not part of the builder's plan, nor <br />required by the City's Land Development Code; however, the builder has agreed to build the water <br />line during his construction phase in order to avoid having the City disrupt the Developer's land in <br />the near future. <br /> <br />4. The City and the Developer have agreed that the Developer will build the Utility Improvements <br />as described in this Agreement; and that the City will reimburse the Developer for the approved <br />costs of the construction.. <br /> <br />AGREEMENT <br /> <br />The City and the Developer, in consideration ofthe mutual promIses, covenants and agreements set <br />forth in this Agreement, agree and contract as follows: <br /> <br />1. The Developer agrees to construct the Utility Improvements as described on the construction <br />plans for the SubdIViSIOn approved by the City, in accordance with the CIty'S construction standards <br />and specifications. <br /> <br />2. The Developer will act as project manager in the constructIOn ofthe Utility Improvements. The <br />Developer will ensure that the construction is carried out under the direct supervision of a <br />professional engineer registered in the State of Texas. <br />