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161. RESOLUTION NO. 2003 -167 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AMENDED AND RESTATED AGREEMENT FOR THE NORTH IH-35 WASTEWATER IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On December 9,2002, the City Council approved a Wastewater Utility Improvement Agreement (the "Agreement") b~tween the City, Bennett Realty Group, Perry Financial Corporation, Chuck Nash, and Dam Blanco Partnership to jointly participate in funding the costs of the North IH- 35 Wastewater Improvements Project along IH-35 North of the Blanco River. 2. On January 13,2003, the City Council approved Amendment No.1 to the Agreement to postpone the deadline for certain events to occur under the Agreement from January 15,2003 to April 15, 2003, and to add two additional entities, Interstate 35 J.V. and Sun Saddlebrook Limited Partnership as Parties to the Agreement. 3. On June 9, 2003, the Council approved Amendment No.2 to the Agreement to postpone the April 15, 2003 deadline for certain events to occur under the Agreement, to September 10,2003. 4. The City Council wishes to approve an amended and restated version ofthe Agreement to postpone the September 10, 2003 deadline for certain events under the Agreement, to October 10, 2003, and to split the construction of the wastewater line into two phases. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The terms and conditions of the attached Amended and Restated Wastewater Utility Improvement Agreement are approved. PART 2. The City Manager, Dan O'Leary, is authorized to execute the attached agreement on behalf of the City after execution of the agreement by the other parties. PART 3. This Resolution is in full force and effect immediately from and after its adoption. ADOPTED on September 22, 2003. w/~ Robert Habingreither Mayor