Res 2003-096 - Laserfiche WebLink

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152. DRAFT 6-4-03 WATER UTILITY IMPROVEMENT AGREEMENT This Agreement is made on ., 2003 between the City of San Marcos (the "City"), Bennett Realty Group ("Bennett"), and Dam Blanco Partnership ("Blanco') (referred to individually as "Party" and collectively as the "Parties"). RECITALS i. The City Council has approved a Wastewater Utility Improvement Agreement (the "Wastewater Agreement") with Bennett, Blanco, and other parties to jointly participate in funding the costs of the North IH-35 Wastewater Improvements Project. 2. In connection with the Wastewater Agreement, the City Council agreed to consider a request by Bennett and Blanco for an agreement under which Bennett and Blanco would construct improvements to the City's water system, and the City would reserve capacity in the improvements to serve the tracts of real property owned by Bermett and Bianco as depicted on the map attached as Exhibit A in accordance with this Agreement. The Parties have determined that these water system improvements will consist of the following: The North IH-35 Water Line Project (the "Project"), consisting ora) approximately 2,250 linear feet of 16" and approximately 1,250 linear feet of 12" water main from the City's existing water main along IH-35 North to the propelV of Bennett/Blanco, and associated materials, equipment, and appurtenances (the "IH-35 Facilities"), and b) approximately 15,000 linear feet of 16" water main fi'om the City's existing water main along Post Road to the property of Bennett/Blanco, and associated materials, equipment, and appurtenances (the "Post Road Facilities"), the IH-35 Facilities and the Post Road Facilities being referred to collectively in this Agreement as the "Facilities". 3. The Parties anticipate that the Project will be constructed in two distinct phases. The IH-35 Facilities will be constructed in the near future as Phase 1 of the Project, to allow Bennett and Blanco to utilize existing available capacity in the City's 16" water line in IH-35 North. The Post Road Facilities will be constructed as Phase 2 of the Project at a time when capacity in the City's 16" water line in IH-35 North needs to be supplemented by additional capacity provided by the City's 16" water line in Post Road to provide adequate service to the property owned by the Parties. AGREEMENT The Parties, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: 1. Phase 1 - IH-35 Facilities 1.1 Engagement of Engineer. Bennett and Blanco agree to contract for and pay for all engineering services needed for construction of the IH-35 Facilities (Phase 1 of the Project), including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases for this phase of the Project. The engineer engaged by Bennett and Blanco (the "IH-35 Facilities Engineer") must be a professional engineer registered in the State of Texas.