Ord 2016-051/request by Metcalfe, Wolfe, Stuart & Williams on behalf of Walton Texas, LP, for an amendment to the approved Consent Agreement for Cotton Center Municipal Utility District #1 (Ordinance 2014-70) to change the requirement of creating a Sub-D

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THE STATE OF TEXAS § COUNTY OF HAYS § FIRST AMENDMENT TO CONSENT AGREEMENT THIS FIRST AMENDMENT TO CONSENT AGREEMENT (this "Amendment") is dated effective December , 20 , 2016 and is entered into between the CITY OF SAN MARCOS, TEXAS, a home rule city located in Hays, County, Texas (the "City"), WALTON TEXAS, LP, a Texas limited partnership ("Primary Owner"), in its capacity as a property owner and in its capacity as an operator and manager authorized to enter into and sign this Agreement on behalf of the Individual Owners (as defined therein), WALTON SILVER CROSSING LP, an Alberta(Canada) limited partnership ("Walton Silver Crossing"), WALTON TX AUSTIN LAND LP, an Alberta (Canada) limited partnership ("Walton Austin"), WALTON TX MARTINDALE LP, an Alberta (Canada) limited partnership ("Walton Martindale"), WALTON TX MARTINDALE LP 2, an Alberta (Canada) limited partnership ("Walton Martindale 2") (Primary Owner, Walton Silver Crossing, Walton Austin, Walton Martindale and Walton Martindale 2 are collectively referred to herein as "Owner"), and Cotton Center Municipal Utility District No. 1 ("District"). The City, Owner and District are sometimes collectively herein referenced as the "Parties," and individually, as a "Party". RECITALS: A. City and Owner previously entered into that certain Consent Agreement dated effective December 11, 2014 (the "Agreement") for that certain Property (as defined therein) located in the Extra Territorial Jurisdiction of San Marcos, Hays County, Texas, as more particularly described in the Agreement. B. Owner is the current owner of the Property. C. In accordance with Section 8.04 of the Agreement,the City,the Owner,and the District desire to modify and amend the Agreement in certain respects, as more particularly set forth in this Amendment. AGREEMENT: NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, City, Owner and District hereby agree as follows: 1) Incorporation of Recitals. The recitals set forth above are incorporated herein and made a part of this Amendment to the same extent as if set forth herein in full.