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<br /> 18 <br /> OVERSIZE REIMBURSEMENT AGREEMENT FOR <br /> WATER IMPROVEMENTS <br /> STATE OF TEXAS <br /> COUNTY OF HAYS <br /> This Agreement is made on this 11 ttiay of Augus t , 1998, between the City of San <br /> Marcos, a Texas municipal corporation (the "City"), and San Marcos Gardens Limited, a Texas <br /> Limited Partnership (the "Developer"). <br /> RECITALS <br /> 1. The Subdivision Chapter of the City Code provides for the installation of certain public <br /> improvements in connection with the subdivision development process, including an allocation of the <br /> cost of the improvements. <br /> 2. The City, through its Public Works Department, has required the construction of a water <br /> line of a size greater than is required to adequately serve the Gardens of Willow Creek Subdivision <br /> being developed by the Developer. <br /> 3. The City is willing to participate with the Developer in the cost of constructing this line. <br /> AGREEMENT <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 /> 1. The Developer agrees to construct improvements to the City's water system in the form of <br /> a 16 inch diameter class 250 ductile iron water main (the "Improvements") ITom the southeast corner <br /> of the Gardens of Willow Creek Subdivision to the southwesterly corner, continuing across <br /> Stagecoach Road and tieing into the existing 16 inch PVC water line on the northwest corner of <br /> 1 <br />