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<br />I <br /> <br />REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on June 5, 2007 between the City of San Marcos, a Texas <br />Municipal Corporation (City), and Center Point Development, LLC, General Partner (Developer). <br /> <br />RECITALS <br /> <br />1. 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 Centerpoint Court Subdivision (Subdivision) install <br />820 linear feet of 15.inch inch wastewater line and associated appurtenances instead of an 8-inch <br />wastewater line as well as 1,401 linear feet of 12-inch water line instead of an 8-inch line (Utility <br />Improvements) in connection with the Developer's construction ofthe Subdivision, to provide for <br />future City utility needs. <br /> <br />I <br /> <br />3. The Developer, through its contractor (Dale Lowden Excavating, Inc.) will build the Utility <br />Improvements, in accordance with the City's requirements. <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 difference in <br />approved costs of the construction between the initially proposed line sizes and the larger diameter <br />lines deemed necessary by the City. <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 of the 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 /> <br />3. The City agrees to pay to the Developer a price not to exceed $ 65,000.00, being the cost for the <br /> <br />I <br />