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AMENDMENT NO. 2 TO THE <br />This Amendment No. 2 to the Regional Wastewater Services and Facilities Cost <br />Sharing Agreement (" this Amendment") is effective as of if /IX <br />2025 (" the Effective Date"), by and between the City of San Marcos, Texas, a home <br />rule municipality (the " City"); Clint Jones, in his individual capacity as landowner <br />of the Fleming Farms Tract ( as hereinafter defined) (" Jones"); Rattler Ridge, LP, a <br />Texas limited partnership Rattler"); JLBC 710 Investments, LLC, a Texas limited <br />liability company (" JLBC"); Highlander SM Two, LLC, a Texas limited liability <br />company (" Highlander"); BBI COTTONWOOD 2012 LP (" Cottonwood"); Qualico <br />Developments U.S.), INC. ("Mason"); Mulberry Meadows Development <br />Company, LLC Mulberry"); and Guadalupe County Municipal Utility District No. <br />9. All of the foregoing are sometimes referred to collectively as the "Parties" and <br />individually as a "Party". <br />WHEREAS, the Parties have previously executed the Regional Wastewater Services <br />and Facilities Cost Sharing Agreement, effective May 14, 2024, and approved by <br />Resolution 2024-78R on May 7, 2024 (the "Original Agreement"), as amended by <br />Amendment No 1, executed April 3, 2025, and approved by Resolution 2025-56R <br />on April 1, 2025 ("Amendment No. I"), the Original Agreement with Amendment <br />No. I is referred to herein as the "Cost Sharing Agreement"); and <br />WHEREAS, the Parties now wish to amend the Cost Sharing Agreement, to extend <br />the City of San Marcos' deadline for providing services from March 1, 2026 to <br />March I, 2027; Now Therefore, <br />The Parties, in exchange for the mutual covenants and conditions contained herein, <br />agree that the following sections of the Cost Sharing Agreement shall be modified <br />to read as shown below: <br />11. WASTEWATER FACILITIES <br />1. Construction, Design, and Financing of the Wastewater Facilities. The City, at <br />its cost and expense, shall permit, design, and construct the Facilities (excluding <br />the Improvements) necessary to provide Wastewater Services to the Customers. <br />Page 1 of 12 <br />