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FIRST AMENDMENT TO AMENDED AND RESTATED <br />WATER UTILITY AGREEMENT <br />This amendment (the "First Amendment") is entered into by and between the City of San <br />Marcos, Texas, a municipal corporation (the "City ") and Carina Blanco Vista LLC, a Texas <br />limited liability company and successor, by conversion, to Carina Blanco Vista, Ltd., a Texas <br />limited partnership ( "Carma" ), and hereby amends, supplements and modifies that certain <br />Amended and Restated Water Utility Agreement between the City and Carina approved by <br />resolution of the City numbered 2007 -161R and dated to be effective September 5, 2007 (the <br />"Agreement "). <br />For good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the City and Carina hereby agree as follows: <br />1. In order to modify the method for reimbursement to Carina of the costs of the <br />Post Road Project, the original Paragraph 9 of the Agreement is hereby amended by deleting it in <br />its entirety and replacing with a new paragraph as follows: <br />2271678.2 <br />• r <br />Nn <br />Mw rRIMMIMM <br />POP" <br />WNWY. <br />r • <br />.. <br />2271678.2 <br />