Res 2025-009approving an amendment to the 2024 Regional Wastewater Treatment Cost Sharing Agreement to add Cottonwood Phase 4, Mulberry Meadows, and Mason Developments to the agreement and to modify certain terms of the original agreement

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AMENDMENT NO. 1 TO THE REGIONAL WASTEWATER SERVICES AND FACILITIES COST SHARING AGREEMENT WITH THE CITY OF SAN MARCOS,TEXAS This Amendment No. 1 to the Regional Wastewater Services and Facilities Cost Sharing Agreement("this Amendment")is effective as of 2025 ("the Effective Date"),by and between the City of San Marcos,Texas,a home rule municipality (the " City"); Clint Jones, in his individual capacity as landowner of the Fleming Farms Tract(as hereinafter defined) (" Jones"); Rattler Ridge,LP, a Texas limited partnership (" Rattler"); JLBC 710 Investments, LLC, a Texas limited liability company JLBC"); Highlander SM Two, LLC, a Texas limited liability company Highlander"); BBI COTTONWOOD 2012 LP ("Cottonwood"); Qualico Developments (U.S.), INC. ("Mason"); and Mulberry Meadows Development Company, LLC ("Mulberry"). All of the foregoing are sometimes referred to collectively as "the Parties" and individually as "a Party". RECITALS WHEREAS, the City entered into the Regional Wastewater Services and Facilities Cost Sharing Agreement ("the Original Agreement") effective May 14, 2024 (attached hereto as Exhibit "1"), with Jones, Rattler, JLBC, and Highlander (Jones, Rattler, JLBC, and Highlander are collectively referred to herein as "the Original Developers"); and WHEREAS, the Original Agreement provided for the City and the Original Developers to share in the costs of construction of Facilities (defined in the Original Agreement), which included a Wastewater Collection System,Wastewater Treatment Plant,and other necessary facilities, said Facilities to be owned and operated by the City and utilized in part to provide Wastewater Treatment Services to the Tracts subject to conditions in the Agreement with the understanding the City would serve other customers as well through the Regional Wastewater Treatment Plant;and WHEREAS, Cottonwood, Mason and Mulberry (referred to collectively herein as "the New Developers") are planning developments in the area of the Regional Wastewater Treatment Plant and the City, the Original Developers, and the New Developers now wish to execute this Amendment allowing the New Developers to become parties to the Original Agreement(attached at Exhibit"1") as further set forth below; Amendment No. 1-Regional Wastewater Services& Facilities Cost Sharing Agreement Res. 2025-009R Page 1 of 69