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<br /> 74 <br /> OVERSIZE REIMBURSEMENT AGREEMENT FOR <br /> WATER AND WASTEWATER IMPROVEMENTS <br /> STATE OF TEXAS <br /> COUNTY OF HAYS <br /> This Agreement is made on this 15thday of September , 1998 between the City of <br /> San Marcos, a Texas municipal corporation (the "City"), and TETCO, Inc., a Texas corporation <br /> ("TETCO"). <br /> RECITALS <br /> 1. The Subdivision Chapter of the City Code provides for the installation of certain public <br /> improvements within new subdivisions, including an allocation of the cost of the improvements <br /> between the City and a subdivision developer when the City requests that the developer <br /> oversize the improvements. <br /> 2. The City desired to have a water line and wastewater line constructed by TETCO for <br /> the Hunter's Hill Subdivision (the "Subdivision") oversized to provide for capacity to serve <br /> additional'development in the area. <br /> 3. The City is willing to participate with TETCO in the cost of constructing these lines <br /> in accordance with the terms of this Agreement. <br /> AGREEMENT <br /> The City and TETCO, in consideration of the mutual promises, covenants and <br /> agreements set forth in this Agreement, agree and contract as follows: <br /> 1. TETCO has constructed improvements to the City's water system in the form of a 16- <br /> inch diameter water main and a 1 O-inch wastewater main (together, called the "Improvements") <br /> within and in the vicinity of the Subdivision, as described on the construction plans for the <br /> Hunter's Hill Subdivision approved by the City. <br /> 2. TETCO and the City acknowledge that the Improvements were constructed according <br /> to City specifications, that the City has accepted the Improvements, and that TETCO has <br /> provided the City with a written one-year warranty against defects in the Improvements. <br /> 3. TETCO has provided the City with a copy of the bid tabulation sheet provided by its <br /> contractor, including an itemization of the cost difference for the oversizing of the <br /> Improvements. <br />