Res 2021-139/concerning an Amendment to Reimbursement Agreement with Carma Paso Robles, LLC for San Marcos, Texas Tax Increment Reinvestment Zone No. 4 in connection with the Paso Robles Development at Hunter and Centerpoint Roads

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RESOLUTION NO. 2021-139R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS CONCERNING AN AMENDMENT TO REIMBURSEMENT AGREEMENT WITH CARMA PASO ROBLES LLC FOR THE SAN MARCOS, TEXAS TAX INCREMENT REINVESTMENT ZONE NO. 4 IN CONNECTION WITH THE PASO ROBLES DEVELOPMENT AT HUNTER AND CENTERPOINT ROADS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO REIMBURSEMENT AGREEMENT ON BEHALF OF THE CITY AND OTHER RELATED MATTERS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on May 17, 2011 the City of San Marcos, Texas (the "City") created the City of San Marcos, Texas Tax Increment Reinvestment Zone No. 4 ("Zone No. 4") pursuant to Chapter 311 of the Texas Tax Code and entered into a Reimbursement Agreement (the "Agreement") between the City and Carma Paso Robles LLC (the "Developer") to reimburse the Developer for the cost of certain improvements made within Zone No. 4; and WHEREAS, the City and Developer now desire to amend the Agreement to increase the amount of reimbursement authorized in the Agreement by entering into an Amendment to Reimbursement Agreement Concerning Reinvestment Zone No. 4, City of San Marcos, Texas and the Paso Robles Project (the "Amendment"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The Amendment attached hereto as Exhibit A between the City and the Developer related to Zone No. 4 is hereby approved. City. PART 2. The City Manager is authorized to execute the Amendment on behalf of the PART 3. This Resolution shall be in full force and effect immediately from and after its passage. PART 4. The recitals contained in the preamble hereof are hereby found to be true and correct; and such recitals are hereby incorporated by reference and made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council acting in its discretionary, legislative capacity. PART 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. PART 6. If any provision, section, subsection, sentence, clause, or phrase of this Resolution, or the application of same to any person or set of circumstances is for any reason