Res 2007-183 - Laserfiche WebLink

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FOURTH AMENDMEN 1' TO MASTER DEVELOPMENT AGREEMENT This Fourth Amendment to Master Development Agreement {hereinafter referred to as the "Amendment") is executed and entered into effective as of the 6~' day of September, 2007, by and between I7ie City of San Marcos, Texas, a Texas municipal corporation (the "City"), JQH-San Marcos Development, LLC, a Missouri limited liability company ("JQH"), and John Q. Hammons, Trustee of The Revocable Trust of John Q. Hanunons, Dated December 28, 1989, as amended and restated ("Guarantor"). RECITALS: The following Recitals form the basis of; and are, therefore, made a part of, this Amendment: (a) City and JQH previously entered into that one certain Master Development Agreement dated effective as of March 6, 2006, as amended by that certain (i) First Amendment to Master Development Agreement dated effective September 14, 2006, (ii) Second Amendment to Master Development Agreement dated effective October 3, 2006, and (iii) Tlurd Amendment to Master Development Agreement dated effective as of November 9, 2006 (said agreement as heretofore amended being herein called the "Development Agreement"); and {b) City, JQH and Guarantor agree to further amend and modify the Development Agreement as set forth below. NOW, THEREFORE, for and in consideration of the premises and mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, JQH, Guarantor and City hereby covenant and agree as follows: I. Amendments to the Development Agreement 1.1 Exhibit "C" to the Development Agreement is hereby amended by deleting the form currently attached to the Development Agreement as said Exhibit and substituting in its place the form attached hereto as Exhibit "C". II. General Provisions 2.1 Incorporation by Reference• Defined Terms. All exhibits and other documents which are referred to in this Amendment are hereby incorporated in this Amendment by reference for all purposes. Each capitalized term used herein, and not otherwise defined, shall have the meaning ascribed to such term in the Development Agreement. 2.2 Entire Agreement. This Amendment, together with the Development Agreement, and the Related Documents, constitute the entire understanding and agreement between City and JQH with respect to the matters contemplated in the Development Agreement and supersede all 2132600.1