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CHANGE ORDER AMENDMENT TO PARTICIPATION AGREEMENT <br />This Change Order Amendment to Participation Agreement (the "First Amendment") is <br />entered into by and between the City of San Marcos, Texas, a municipal corporation (the "City") <br />and Lazy Oaks Ranch, LP, a Texas limited partnership (the "Owner"), and hereby amends, <br />supplements and modifies that certain Participation Agreement (the "Agreement") between the <br />City and Owner approved by resolution of the City numbered 2017-43R and dated to be effective <br />March 7, 2017. <br />I. RECITALS <br />1.1 Under the terms of the Agreement, the Owner is constructing certain public <br />improvements on behalf of the City within the La Cima land development project area. <br />1.2 The City wishes to install fiber optic lines within such area to serve various City <br />facilities. In order to enable the fiber optic installation, the City and has requested that the Owner <br />add the laying of conduit to the original scope of services being performed on behalf of the City <br />under the Agreement. <br />1.3 For good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, the City and the Owner enter into this First Amendment. <br />II. AMENDMENT <br />2.1 Paragraph 1.2 of the Agreement is hereby amended to add conduit for fiber optic <br />lines as a part of the Public Improvements. <br />2.2 Paragraph 2.2.2 of the Agreement is amended to increase the City's cost <br />participation amount from $1,028,630.36 to $1,166,968.81 (adding the conduit installation cost of <br />$138,338.45 to the original amount). <br />2.3 Exhibit A of the Agreement is amended to include the map and project description <br />attached hereto as Attachment 1. <br />2.4 Exhibit B of the Agreement is amended to include the cost proposal attached hereto <br />as Attachment 2. <br />2.5 All other terms of the Agreement not amended, modified or supplemented by this <br />First Amendment shall remain the same and in full force and effect. <br />SIGNATURES ON NEXT PAGE <br />