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<br /> 84 <br /> <br /> Office of the City Manager <br /> June 10, 1997 <br /> Stanley K. Tanger <br /> Tanger Properties Limited Partnership <br /> 1400 W. Norwood <br /> Greensboro, NC 27408 <br /> Dear Mr. Tanger: <br /> This letter, upon your countersignature, will serve as an agreement between the City of San. Marcos <br /> (the City) and Tanger Properties Limited Partnership (Tanger) for funding by Tanger of a ramp <br /> reconfiguration (the Proj ect) at the IH 35 northbound entrance and. exit ramps between Centerpoint <br /> Road. and Posey Road in San Marcos, Texas. <br /> As you know, the Project is to be executed under the auspices of the Texas Department of <br /> Transportation under the attached Advance Funding Agreement that calls. for the City to pay for all <br /> costs of the Project. An initial payment of $1 ,500 is to be made on execution of that agreement, the <br /> City is to deposit the remainder of the. estimated. cost of the Project with the State 30 days prior to <br /> the date set fòr receipt of construction bids, and a true-up for the actual Project cost will be done <br /> upon completion of the Project. The City is also required to provide the engineering design services <br /> for the Project. <br /> In consideration for the City's agreement to execute the Advance Funding Agreement for the Proj ect <br /> with the State of Texas (the State), Tanger agrees to: <br /> 1. Make an initial payment of $1,500 to the City upon execution of this agreement, and <br /> provide all engineering services determined by the State to be necessary for the proj ect. <br /> 2. Make a payment to the City in the amount of the remaining cost to be paid by the City to <br /> the State within 10 days of receipt of a copy of the State's notice to the City of the amount of the <br /> remaining cost. <br /> 3. Make a final. payment to the City in the amount of any increase in Proj ect cost shown in <br /> the State' s true~up of this cost within 10 days of receipt of a copy of the State's true-up of cost. <br /> Tanger will have the right to terminate this agreement in the event the low responsible bid for the <br /> Project exceeds $320,000. <br /> The City agrees to execute the Advance Funding Agreement, to make payments to the State as pass- <br /> throughs of payments made by Tanger to the City, and to coordinate the construction of the Proj ect <br /> with the. State. The City also agrees to refund to Tanger any amount refunded by the State to the City <br /> as a result of the true~up of Project costs within 10 days of the City's receipt of the refund from the <br /> State. <br /> 630 East Hopkins. San. Marcos, Texas 78666 . 512/393-8100 . FAX 512/396-4656 <br />