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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the Extension 1 Plans and the Extension 2 Plans in an amount not to exceed $108,454.21 for those portions of such Salamander Public Improvements requested by the City as itemized in Exhibit `B" attached hereto (i.e., the Salamander City Improvements). If the City requests Developer to construct the portion of the Salamander Public Improvements which will be described in the Extension 3 Plans, the City will pay for one hundred percent (100%) of the cost of those improvements and such improvements will be included within the Salamander City Improvements for purposes of this Agreement, as it is understood that no portion of such improvements are required for the development and use of the Project. The City will also pay for the cost of any change orders requested by the City with respect to the Salamander City Improvements. The Developer will be responsible for paying the remainder of the costs for the Salamander Public Improvements. The City Manager of the City may approve change orders related to the Salamander City Improvements up to $50,000. All other change orders for the Salamander City Improvements are subject to approval of the San Marcos City Council." (c) With respect to the Salamander Public Improvements only, Section 2.2.2 of the Agreement is hereby deleted and replaced with the following: "2.2.2 Limits of Participation. Except as to the costs attributable to the oversizing of the Salamander Public Improvements (i.e., the Salamander City Improvements) requested by the City, the City's cost participation pursuant to this Agreement shall not exceed thirty percent (30%) of the Developer's total contract price for the construction of the PID 2A improvements which approximate $3,019,367 as identified on the Salamander Cost Allocation Schedule." 2. No Other Modifications. Except as expressly set forth in this Amendment, the Agreement shall remain unmodified and in full force and effect. 3. Counterparts; Signature Deliveries. This Amendment may be executed in counterparts. Signatures hereto may be delivered by facsimile or by electronic delivery (e.g., pdf) and shall be binding upon the parties as if they were originals. [Signature Page to Follow] 2806637.1 3