Res 2019-262/approving an amendment to the developer participation agreement with Highpointe Trace, LLC to add the oversizing of a Wastewater main extension at a cost to the city of $108,454.21

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AMENDMENT TO DEVELOPER PARTICIPATION AGREEMENT [Trace Sewer Improvements — Salamander Wastewater Line] This Amendment To Developer Participation Agreement (the "Amendment") is effective as of kVn�W 2019 (the "Effective Date"), by and between the City of San Marcos, Texas, a home rule municipal corporation (the "City"), 630 East Hopkins Street, San Marcos, Texas 78666 and Highpointe Trace, LLC, a California limited liability company (the "Developer"), 530 Technology, Suite 100, Irvine, California 92618. I. RECITALS 1.1 The City and Developer previously entered into that certain Developer Participation Agreement [Trace Sewer Improvements] dated May 15, 2018 (the "Agreement"). The terms of the Agreement are incorporated herein by this reference, and capitalized terms used in this Amendment which are not expressly defined herein shall have the meaning given to them in the Agreement. 1.2 In connection with Developer's development of the Project, and in addition to the work contemplated in the Agreement, the City has requested that Developer construct and/or 11upsize" certain sewer system improvements which are not required for the development and use of the Project in order to provide capacity to future developments within the vicinity of the Project which will be serviced by this system, and City has agreed to pay Developer for the additional costs Developer will incur in connection therewith in accordance with the terms of the Agreement, as amended by this Amendment. The total scope of sewer improvement work that Developer has agreed to undertake pursuant to this Amendment consists of those sewer improvements shown and described in those certain City -approved plans and pending and to -be approved plans identified as follows (i) Trace Wastewater Line Improvement, Salamander Street and Rolingwood Drive, Permit No. 2018-26692 ("Extension I Plans"), (ii) to -be approved plans for the wastewater line extension from Rolingwood Drive to the northern property line of the Project as generally identified on Exhibit "A" attached hereto ("Extension 2 Plans"), and (iii) to -be approved plans for the offsite wastewater line extension from the northern boundary of the Project to the Toyota lift station as generally identified on Exhibit "A" attached hereto, if and to the extent the City requests that Developer construct such wastewater line extension ("Extension 3 Plans", with the improvements described in all of said plans, including the Extension 3 Plans if the City requests Developer to construct same, referred to collectively as the "Salamander Sewer Plans", with the aggregate scope of sewer improvements work described therein referred to herein as the "Salamander Public Improvements"). The scope of sewer improvements that Developer would have been required to construct to facilitate only the development and use of the Project in the absence of Developer's agreement pursuant to this Amendment to undertake the additional City requested upsizing and related work are referred to herein as the "Salamander Developer Improvements", and those additional improvements and "upsized" improvements that the City has requested which are in addition to, and/or beyond the scope of, the Salamander Developer Improvements are referred to herein as the "Salamander City Improvements". The location and alignment of the Salamander Public Improvements is generally depicted on Exhibit "A" attached hereto. 2806637.1