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SECOND AMENDMENT TO THE CAPITAL IMPROVEMENT AGREEMENT <br />0 FOR SLC 61 JOINT VENTURE <br />This Second Amendment to the Capital Improvement Agreement (Second Amendment <br />Agreement) is made on the 1st day of September, 2009 between the City of San Marcos, <br />Texas, a home rule municipal corporation (the "City"), 630 East Hopkins, San Marcos, Texas <br />78666 and SLC 61 Joint Venture ("SLC") San Marcos, Texas 78666. <br />RECITALS: <br />1. On January 6, 2009, the City Council approved, through Resolution No. 2009-1R, an <br />Amendment to the Capital Improvement Agreement For SLC Joint Venture between the' <br />City and SLC (the "Amendment Agreement"). <br />2. Section 2 of the Amendment Agreement provided that the City's cost participation in the <br />construction of Cottonwood Creek Parkway between Leah Avenue and Sadler Drive <br />would be $275,546.95. <br />3. During the construction of Cottonwood Creek Parkway, unforeseen conditions lead to <br />increased construction costs. The City's pro rata portion of the increased construction <br />costs is $40,599.15. <br />AGREEMENT: <br />For and in consideration of the promises and mutual agreements set forth herein, the City and <br />SLC agree as follows: <br />1. Section 2 of the Amended Agreement is hereby amended to increase the City's <br />payment to SLC from $275,546.95 to $316,106.10. <br />2. All other terns and conditions of the Amendment Agreement shall remain in effect <br />except as modified by this Second Amendment Agreement. <br />Executed and effective on September 1, 2009. <br />City o n arcos, Texas SLC 61 Joint Venture <br />By: By: <br />Rick M chaca, City Manager C Ca n <br />Member of Trico Partners, LLC <br />Participant of SLC Joint Venture